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

Minutes: October 6, 2016

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Hirniak. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 4, 2015 by e-mailing them the annual resolution adopted by the Council on December 3, 2015. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 10, 2015.

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Breast Cancer Awareness Month—October 16, 2016

Mayor Hirniak read the following Proclamation:

WHEREAS, October is National Breast Cancer Awareness Month, which is an annual campaign to increase awareness of this disease and while we have seen an increase in mammography rates and a decline in deaths, there is more we can do; and

WHEREAS, National Breast Cancer Awareness Month remains dedicated to increasing public knowledge about the importance of early detection of breast cancer diagnosis and treatment; and

WHEREAS, too many women do not utilize mammography at regular intervals even though research indicates it is the best available method of detection to decrease death rates; and

WHEREAS, the awareness campaign is sending out several key messages, most notably, the American Cancer Society continues to advise women to get an annual mammogram screening once they reach age 40; and

WHEREAS, the National Cancer Institute estimates in the United States, more than 231,000 (female) and 2,000 (male) new cases of breast cancer will be diagnosed this year and over 40,000 people will die; and

WHEREAS, in Morris County, female breast cancer accounts for 15.8% of all cancers and 9% of all cancer deaths.

NOW, THEREFORE, BE IT PROCLAIMED that I, Roman B. Hirniak, Mayor of Randolph Township, do hereby proclaim October 2016 as Breast Cancer Awareness Month in our municipality and urge all women and their families to increase their knowledge about breast cancer and join us to celebrate successes and memorialize lost battles.

October 6, 2016
Roman B. Hirniak, Mayor

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road thanked the Township Manager for the sign warning of the bump on Everdale Road near Millbrook Avenue.

Mrs. Stewart commented on her familial history of breast cancer, and thanked the Manager and Council for the Proclamation.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

Bench Ceremony Gary and Kathy Algeier—he contacted Gary Algeier and the mutually agreeable time for the dedication would be in the late spring, May 2017. An exact date will be determined shortly, and will be shared with the Council.
Development Update:
- Kmart Plaza—Noches de Columbia is the new restaurant/bakery going into the former Blockbuster/Friendly’s tenant spaces. The plaza owner is currently marketing the 110K square foot Kmart tenant space. The owner has engaged an architect for redesign of the shopping center facade to be constructed in conjunction with the eventual renovation of the K-Mart space.
- Marks Corner—Owner has begun preliminary design for a small office building in the area between the new and old sections of West Hanover Avenue. He continues to actively market the retail space approved for the site.
- A&P Plaza—The property owner has advised they are in negotiations with a tenant to replace the A&P. An on-site meeting with the property owner to discuss in greater detail is being determined.
- Skylands—The property is now owned by a California-based investment company. The new owner is exploring a redesign of the previously approved hotel plan for the site.
- American Animal Hospital—The owner is preparing plans for a new hospital and retail/office building. The proposed design will feature shared parking and ingress/egress for the site at the Millbrook traffic intersection.
- Aashirwad Palace—The property owner is preparing building addition plans for the kitchen and lobby to facilitate increased demand.
- SJC/Elbaum Route 10—The owner’s engineer is finalizing plans for an office building complex project previously approved by the Planning Board.
- Gateways—The owner is preparing plans for 78 additional market rate apartments in 3 buildings to be constructed as part of the township’s affordable housing plan. Several existing units will be converted into income-restricted units as part of this plan.
- Nagels—The owners have closed the business and are looking to sell. He and Darren Carney met with broker on a couple of occasions. The broker is in discussions with possible buyers.
New development/Pending Board Applications:
- Wendy’s—Application has been filed for the development of a Wendy’s restaurant on Route 10 eastbound on property adjacent to the Randolph Diner; application is to be heard at the Planning Board in November. The site was formerly occupied by a martial arts academy/tile store/seamstress shop/apartment. The new restaurant is proposed to be 2,200 square foot.
- Primrose School—The application was approved for an early childhood learning center at the corner of Canfield and Middlebury Boulevard; construction is anticipated to begin shortly.
Trails Master Plan Committee—Russ Newman is in the process of arranging for the kickoff meeting of the Master Plan Committee. Concurrently the RFP is on the street soliciting proposals for a consulting firm to facilitate the planning process. He expects to present a recommendation on a firm for the Council’s consideration in November.
Sussex Turnpike Update—County Engineer Chris Vitz has informed him that the contractor is completing the curbing, sidewalk and other in-road work over the next two weeks. He is anticipating the final paving work and striping of the roadway to be scheduled for the week of October 17th. This work will include the adjustments to the Dover-Chester intersection to remove the bump in this location.
Route 10 Detour in Roxbury Township—The Morris County Engineer’s office informed him that Route 10 in Roxbury will be closed for through traffic beginning Friday, October 21 at 8 p.m. through Monday, October 24 at 6 a.m. for the reconstruction of the Route 10 railroad crossing. There will be a detour in place. An access road for businesses in the construction area will be available. The township will put out notices through all of the communication mediums advising residents of this project and the related closures and detours.

Councilman Napoliello asked for clarification on the restaurant going in where the Blockbuster and Friendly’s used to be. Manager Mountain explained that it is a Columbian restaurant called Noches de Columbia. Councilwoman Veech asked when the application would be submitted or approved. The Manager replied that only a building permit is needed for the restaurant; however, there will be a liquor license transfer that will be presented to the Council at the next meeting.

Councilman Loveys asked for clarification on the number of Gateways apartments, and if there was a breakdown of low and moderate income units. Manager Mountain explained that there will be 78 apartments; there was a breakdown between low and moderate, but he did not remember the exact numbers.

Councilman Loveys also asked if the road project on Route 10 in Roxbury was a County or State project. The Manager explained that it is a County project, but it is funded by the State. Councilman Loveys asked if the Township would be reimbursed from the County for their time on traffic duty. Chief Stokoe replied that the Township would be reimbursed, he believed it to be from the contractor; Randolph is not responsible to pay for the officers.

Councilman Loveys asked about the bump at the intersection of Dover Chester Road and Sussex Turnpike. He reported that at the Traffic Advisory Committee (TAC) meeting, there were two complaints; a continued complaint on the grade change heading east on Sussex Turnpike, and one about tractor trailers or larger trucks making the right turn onto Dover Chester Road from eastbound Sussex Turnpike. It is felt that the stopping line for the left turning lane on northbound Dover Chester Road is not back far enough from the intersection. Cars stopped in the left turning lane are constantly in the way of trucks turning onto Dover Chester Road. Manager Mountain will follow up with the County to discuss the stopping line on Dover Chester Road.

Councilwoman Veech asked if the bump on Everdale Road, near Millbrook Avenue would be fixed. Manager Mountain explained that since it is a state funded project, they are waiting on the DOT freeze to be lifted, and then the inspection can take place. Once the project has its final inspection, they can address the issue of the bump, and ask for a modification.

Councilwoman Veech also noted a bump on West Hanover, near the Indoor Sports Pavilion. Manager Mountain explained that the project is not yet complete, but he will discuss it with the County.

E. APPROVAL OF MEETING MINUTES

1. Approving the Regular Meeting Minutes from September 1, 2016 and September 15, 2016

Councilman Forstenhausler made a motion to approve the Regular Meeting Minutes from September 1, 2016. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Forstenhausler made a motion to approve the Regular Meeting Minutes from September 15, 2016. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

F. COMBINED ACTION RESOLUTIONS

Item #5, construction of a pole barn—Councilman Loveys recalled that in the Capital budget it was around $100,000 and asked for clarification. Manager Mountain explained that the original was $100,000 and that supplemental funds were then budgeted for the water and sewer.

Items #9, 10, 11, 13 & 14—Councilman Guadagno asked for clarification as to why the MCCPC contracts were rejected (15-A, 15-C, 15-D, 15-F, & 15-B). Manager Mountain explained that there were technicalities in each that required the rejection. In the case where there was a next to lowest bidder, it would go to that bidder, otherwise it goes back out to bid. None are expected to be appealed.

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

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

NAYS: None

1. Refund Outside Tax Sale Certificate for Block 170, Lot 2 for 4 Evergreen Lane to Robert/Renee Mitchell—$4,876.83

R-260-16

WHEREAS, Outside Tax Sale Certificate #2020 held by US Bank Cust for PC5 Sterling National assessed to Robert/Renee Mitchell, Block 170, Lot 2, 4 Evergreen Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,676.83 and premium in the amount of $1,200.00.

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 $4,876.83 to US Bank Cust for PC5 Sterling National, holder of Tax Sale Certificate #2020.

2. Refund Escrow Funds for Block 85, Lot 5, 8 Fairview Avenue to Nicholas and Christina Katsanos—$710.00

R-261-16

WHEREAS, the Planning and Zoning Department received escrow funds from Nicholas & Christina Katsanos 8 Farview Avenue, Block 85 Lot 5, and in the amount of $1,000.00; 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 $710.00 be refunded to Nicholas & Christina Katsanos, 8 Farview Avenue, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

3. Authorizing the Extension of a Contract for Preventive Maintenance/Repair of HVAC Equipment of Township Buildings/Complexes from January 1, 2017 to December 31, 2017 with Option to Renew for Additional Year—$49,955.00

R-262-16

WHEREAS, the Township of Randolph advertised for the Preventive Maintenance/Repair of HVAC Equipment of Township Buildings/Complexes project for the period of January 1, 2016 through December 31, 2016 with the option to renew for one two-year period or two one-year periods in accordance with Local Public Contracts Law and received bids on November 10, 2015; and

WHEREAS, on November 19, 2015 via R 314-15 the Township of Randolph Council awarded a one-year contract for preventive maintenance/repair of HVAC equipment of Township buildings/complexes to Air Systems Maintenance, Inc. of Kenilworth, NJ for the period of January 1, 2016 through December 31, 2016 with the option to renew for one two-year period or two one-year periods for the price of $49,955; and

WHEREAS, the Buildings & Grounds Coordinator recommends the extension of the contract to Air Systems Maintenance, Inc. of Kenilworth, NJ for a one-year period from January 1, 2017 through December 31, 2017 at the same price ($49,955) with the option to extend for one additional year beginning January 1, 2018 through December 31, 2018; and

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

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with Air Systems Maintenance, Inc. of Kenilworth, NJ for the Preventive Maintenance/Repair of HVAC Equipment of Township Buildings/Complexes project be extended for one year at the same price ($49,955) from January 1, 2017 through December 31, 2017 with the option to renew for one additional year beginning January 1, 2018 through December 31, 2018.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 6, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2017 Budget, Building and Grounds, O&E (pending adoption), to award a contract to Air Systems Maintenance for HVAC maintenance services, per its response to a solicitation for bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-26-310-305 -2017 Budget-Pending Adoption (not to exceed $49,955)

4. Refund Road Opening Cash Bond for Repaving-Expanding a Driveway at B 154, L130—34 Radtke Road to Laurel Sohigian—$500.00

R-263-16

WHEREAS, the Engineering Department has received a request from Laurel Sohigian for the release of a $500.00 cash road opening bond posted for the purpose of repaving/expanding the driveway at 34 Radtke Road, B154/L130; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 31, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving/expanding of the driveway at 34 Radtke Road, Randolph NJ 07869, within the Township Right of Way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Laurel Sohigian 34 Radtke Road, Randolph NJ 07869.

5. Awarding a Contract for the Construction of a Pole Barn to Dutchman Contracting—$118,692.00

R-264-16

WHEREAS, the Township of Randolph advertised for the Construction of a Pole Barn in accordance with Local Public Contracts Law and received bids on September 27, 2016; and

WHEREAS, 8 bids were received; and

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

Security Structures, Inc., Basking Ridge, NJ—Base Bid: $127,043;
Cypreco Industries Inc., Neptune, NJ—Base Bid: $263,823;
Scafar Contracting Inc., Newark, NJ—Base Bid: $196,518;
Dutchman Contracting, Denver, PA—Base Bid: $118,692;
Wallkill Group, Inc., Vernon, NJ—Base Bid: $19,5000;
Alexander the Great Inc., Fairfield, NJ—Base Bid: $185,000;
Howard C. Storer, LLC, Boonton, NJ—Base Bid: $175,000;
Roofing & Siding by Bill Riches, Hammonton, NJ—Base Bid: $127,000; and

WHEREAS, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of the contract to Dutchman Contracting as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Construction of a Pole Barn to Dutchman Contracting of Denver, PA for the contract amount of $118,692; and

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

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Dutchman Contracting of Denver, PA for the Construction of a Pole Barn for the price of $118,692 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 6, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Water Capital Fund, Ordinance 15-14, Pole Barn and the Sewer Capital Fund, Ordinance 15-14, Pole Barn and Ordinance 16-16, Water/Sewer Building, to award a contract to Dutchman Contracting of Denver PA for the construction of a pole barn, per its response to a solicitation for bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 06-215-55-906-601 (not to exceed $50,000)
08-215-55-909-301 (not to exceed $50,000)
08-215-55-914-301 (not to exceed $18,692)

6. Refund Road Opening Cash Bond for Block 82.02, Lot 12—27 Longview Avenue, Robert Tullman—$500.00

R-265-16

WHEREAS, the Engineering Department has received a request from Robert Tullman for the release of a $500.00 cash road opening bond posted for the purpose of connecting to township water at 27 Longview Avenue, Randolph NJ 07869, BL82.02/L12; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on November 18, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection to township water at 27 Longview Avenue, within the Township Right of Way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

7. Awarding a Contract for 2016 Leaf Loading, Hauling and Proper Recycling Project for the Contract Period of November 1, 2016 to February 28, 2017—to RER Supply, LLC—$7.08 per Cubic Yard

R-266-16

WHEREAS, the Township of Randolph advertised for the 2016 Leaf Loading, Hauling & Proper Recycling project in accordance with Local Public Contracts Law and received bids on September 22, 2016; and

WHEREAS, 3 bids were received; and

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

Nature’s Choice Corporation, Middlesex, NJ—Base Bid: $8.37 per cu. yd.;
RER Supply, LLC, Riverdale, NJ—Base Bid: $7.08 per cu. yd.;
S. Rotondi & Sons, Inc., Summit, NJ—Base Bid: $8.95 per cu. yd.; and

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

WHEREAS, the Township of Randolph desires to award a contract for the 2016 Leaf Loading, Hauling & Proper Recycling project to RER Supply, LLC of Riverdale, NJ for the contract period of November 1, 2016 through February 28, 2017 with the option to extend for six months if necessary; and

WHEREAS, funds for this purpose in the amount of $87,500 will be certified through December 31, 2016; and

WHEREAS, any additional funds or any funds needed for services after December 31, 2016 will be certified separately via a change order, if necessary.

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 RER Supply, LLC of Riverdale, NJ for the 2016 Leaf Loading, Hauling & Proper Recycling project for the price of $7.08 per cubic yard per their bid proposal for the contract period of November 1, 2016 through February 28, 2017 with the option to extend for six months if necessary.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 6, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2016 Budget, Recycling, O&E, to award a contract to RER Supply for leaf loading, hauling and proper recycling project, per its response to a solicitation for bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-26-300-302 -2017 (not to exceed $87,500)

8. Refund Registration for Brundage Playhouse Dance Classes/Ballet & Jazz—Class Cancelled due to Lack of Enrollment—to Michelle Epstein—$372.00

R-267-16

WHEREAS, Michelle Epstein registered her children for Brundage Playhouse Dance Classes/Ballet & Jazz classes program and paid the fee of $372.00; and

WHEREAS, her children will not be attending said programs due to lack of enrollment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $372.00 be refunded to Michelle Epstein, 25 Oak Lane, Randolph, NJ 07869.

9. Authorizing Award and Rejection of MCCPC Contract #15-A—Police Pursuit Vehicles, 2017 Models

R-268-16

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

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

WHEREAS, eight (8) bids were received for Contract #15-A (Police Pursuit Vehicles, 2017 Models); and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, was the low bidder for Item #11 however they did not properly sign the Bid Proposal Page which is a non-waivable, non-curable defect and their bid must be rejected; and

WHEREAS, the bid submitted by Day Chevrolet in Egg Harbor Township, New Jersey, is non-responsive because the rust proofing and undercoating information submitted with the bid does not comply with the MIL-C-62218A required in the bid specifications and their bid must be rejected.

WHEREAS, the following bidders submitted the lowest responsive and responsible bids for the items contained in Contract #15-A (Police Pursuit Vehicles, 2017 Models) as shown on the attached Notification of Award for a one-year contract:

Item #1: Beyer Ford in Morristown, New Jersey
Item #2: Beyer Ford in Morristown, New Jersey
Item #3: Beyer Ford in Morristown, New Jersey
Item #4: Beyer Ford in Morristown, New Jersey
Item #5: Beyer Ford in Morristown, New Jersey
Item #6: Beyer of Morristown in Morristown, New Jersey
Item #7: Beyer of Morristown in Morristown, New Jersey
Item #8: No Award
Item #9: No Award
Item #10: No Award
Item #11: No Award

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of the bids submitted by Mall Chevrolet and Day Chevrolet as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #15-A (Police Pursuit Vehicles, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

10. Authorizing Award and Rejection of MCCPC Contract #15-C—Utility Vehicles, 2017 Models

R-269-16

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

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

WHEREAS, seven (7) bids were received for Contract #15-C (Utility Vehicles, 2017 Models); and

WHEREAS, the bid submitted by Winner Ford in Cherry Hill, New Jersey, is non-responsive in that they took an exception to the $20 per day penalty clause and their bid must be rejected; and

WHEREAS, as cited in Item R in the General Conditions and Instructions to Bidders, N.J.S.A. 40A:11-18 states that only products manufactured in the United States, wherever available, shall be used unless the cost of the domestic product is deemed to be “unreasonable” when compared with the lowest bid; and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, was the apparent low bidder for Item #3 of Contract #15-C (Utility Vehicles, 2017 Models) at a price of $23,960.00, however the vehicle they would be providing is manufactured outside of the United States; and

WHEREAS, the second lowest bid for Item #3 from Beyer of Morristown in Morristown, New Jersey, is for a vehicle manufactured in the United States for a price of $24,269.00, a difference of $309.00, which was deemed to be a reasonable difference and therefore the award of Item #3 shall be made to Beyer of Morristown; and

WHEREAS, the following bidders submitted the lowest responsive and responsible bids for the items contained in Contract #15-C (Utility Vehicles, 2017 Models) as shown on the attached Notification of Award for a one-year contract:

Item #1: Route 23 Automall in Butler, New Jersey
Item #2: Route 23 Automall in Butler, New Jersey
Item #3: Beyer of Morristown in Morristown, New Jersey (as noted above)
Item #4: Route 23 Automall in Butler, New Jersey
Item #5: Beyer Ford in Morristown, New Jersey
Item #6: Beyer Ford in Morristown, New Jersey
Item #7: Route 23 Automall in Butler, New Jersey
Item #8: Route 23 Automall in Butler, New Jersey
Item #9: Route 23 Automall in Butler, New Jersey
Item #10: DFFLM in Flemington, New Jersey
Item #11: DFFLM in Flemington, New Jersey
Item #12: DFFLM in Flemington, New Jersey
Item #13: Route 23 Automall in Butler, New Jersey
Item #14: DFFLM in Flemington, New Jersey
Item #15: DFFLM in Flemington, New Jersey
Item #16: DFFLM in Flemington, New Jersey
Item #17: DFFLM in Flemington, New Jersey
Item #18: DFFLM in Flemington, New Jersey
Item #19: Route 23 Automall in Butler, New Jersey
Item #20: DFFLM in Flemington, New Jersey
Item #21: Beyer Ford in Morristown, New Jersey
Item #22: DFFLM in Flemington, New Jersey
Item #23: DFFLM in Flemington, New Jersey
Item #24: DFFLM in Flemington, New Jersey
Item #25: Route 23 Automall in Butler, New Jersey
Item #26: DFFLM in Flemington, New Jersey
Item #27: Route 23 Automall in Butler, New Jersey
Item #28: Route 23 Automall in Butler, New Jersey
Item #29: DFFLM in Flemington, New Jersey
Item #30: DFFLM in Flemington, New Jersey
Item #31: DFFLM in Flemington, New Jersey
Item #32: DFFLM in Flemington, New Jersey
Item #33: DFFLM in Flemington, New Jersey
Item #34: DFFLM in Flemington, New Jersey
Item #35: DFFLM in Flemington, New Jersey
Item #36: DFFLM in Flemington, New Jersey
Item #37: Route 23 Automall in Butler, New Jersey

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-C (Utility Vehicles, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

11. Authorizing Award and Rejection of MCCPC Contract #15-D—Service-Truck Bodies, 2017 Models

R-270-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-D (Service/Truck Bodies, 2017 Models); and

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

WHEREAS, four (4) bids were received for Contract #15-D (Service/Truck Bodies, 2017 Models); and

WHEREAS, Dejana Truck in Shrewsbury, New Jersey, submitted the lowest bid for Category 1, Item E, however they did not properly complete the mandatory Ownership Disclosure Statement which is a non-waivable, non-curable defect and their bid must be rejected; and

WHEREAS, Cliffside Body in Fairview, New Jersey, submitted the lowest responsive and responsible bid for Items #1 through #5 in Category 1 for the prices shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Tony Sanchez, Ltd. in Ledgewood, New Jersey, submitted the lowest responsive and responsible bid for Category 2 and Category 3 for the prices shown on the attached Notification of Award for a one-year contract.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-D (Service/Truck Bodies, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

12. Authorizing Award of MCCPC Contract #15-E, Hybrid Vehicles, 2017 Models to Route 23 Automall

R-271-16

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

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

WHEREAS, one (1) bid was received for Contract #15-E (Hybrid Vehicles, 2017 Models); and

WHEREAS, Route 23 Automall in Butler, New Jersey, submitted the lowest responsive and responsible bid for Item #1 for the price shown on the attached Notification of Award for a one-year contract; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #15-E (Hybrid Vehicles, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

13. Authorizing Award and Rejection of MCCPC Contract #15-F—Cab/Chassis with Dump Bodies, 2017 Model

R-272-16

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

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

WHEREAS, six (6) bids were received for Contract #15-F (Cab/Chassis With Dump Bodies, 2017 Models); and

WHEREAS, the bid proposal submitted by Bayshore Ford in New Castle, Delaware, did not include the mandatory Bid Proposal Page, the Acknowledgement of Revisions & Notices Form, the Non-Collusion Affidavit, the Ownership Disclosure Statement, the Bidder’s Affidavit, and the Disclosure of Investment Activities in Iran which are non-waivable, non-curable defects and the bid must be rejected; and

WHEREAS, DFFLM in Flemington, New Jersey, submitted a bid that took exceptions to Items #1 and #2 which do not comply with the bid specifications and their bid for those items must be rejected; and

WHEREAS, the bid submitted by Hoover & Sons in Flanders, New Jersey, noted one exception that was determined to be minor and which would improve the performance of the vehicle; and

WHEREAS, the bidders submitting the lowest responsive and responsible bids as shown on the attached Notification of Award for a one-year term are as follows:

Item #1—Route 23 Automall in Butler, New Jersey
Item #2—Route 23 Automall in Butler, New Jersey
Item #3—Route 23 Automall in Butler, New Jersey
Item #4—Route 23 Automall in Butler, New Jersey
Item #5—Hoover & Sons in Flanders, New Jersey

BE IT FURTHER RESOLVED that the Township Council authorizes the rejection of the bid for Items #1 and #2 from DFFLM as stated above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-F (Cab/Chassis With Dump Bodies, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

14. Authorizing Award and Rejection of MCCPC Contract #15-B—Administrative Passenger Vehicles, 2017 Model

R-273-16

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

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

WHEREAS, four (4) bids were received for Contract #15-B (Administrative Passenger Vehicles, 2017 Models); and

WHEREAS, the following bidders submitted the lowest responsive and responsible bids for the items contained in Contract #15-B (Administrative Passenger Vehicles, 2017 Models) as shown on the attached Notification of Award for a one-year contract:

Item #1: Beyer of Morristown in Morristown, New Jersey
Item #2: Route 23 Automall in Butler, New Jersey
Item #3: Route 23 Automall in Butler, New Jersey
Item #4: Route 23 Automall in Butler, New Jersey
Item #5: Route 23 Automall in Butler, New Jersey

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #15-B (Administrative Passenger Vehicles, 2017 Models) as stated above for the term of November 1, 2016 - October 31, 2017.

15. Authorizing Randolph to Join with Other Morris County Municipalities and Fire Districts in a Mutual Aid Agreement

R-274-16

WHEREAS, the Township of Randolph provides fire protection resources for ordinary emergency response requirements within its jurisdiction; and

WHEREAS, the Fire Departments in Morris County have a day-to-day responsibility to provide for the safety and security of lives and property; and

WHEREAS, local resources can become exhausted during the small percentage of large magnitude fire or disaster occurrences; and

WHEREAS, mutual aid is the most cost-effective method of providing sufficient resources to a local jurisdiction for those extraordinary occurrences; and

WHEREAS, it is of mutual benefit for fire agencies located within the County of Morris to provide supplemental resources to each other in the event of a local emergency or disaster; and

WHEREAS, this plan will provide a uniform procedure for the coordination of the requesting, dispatching, and utilization of fire department personnel and equipment whenever a local fire agency requires mutual aid assistance from any other jurisdiction, both contiguous and non-contiguous, in the event of a fire or emergency; and

WHEREAS, a county area mutual aid plan is encouraged by, and is compatible with, the State of New Jersey Resource Deployment Act: and

WHEREAS, participation in a county area mutual aid plan will not impose liability on the local entity; and

WHEREAS, it is the desire of governing body of the Township of Randolph to participate in fire mutual aid plan in accordance with the plan as submitted by the Morris County Alliance of Active Fire Chiefs.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph does hereby agree to authorize their fire protection agency to provide mutual aid assistance to each participating municipality, district, state or federal organization, as identified in the Morris County Fire Mutual Aid Plan approved by the Morris County Alliance of Active Fire Chiefs and as may be amended from time to time by the Morris County Alliance of Active Fire Chiefs and ratified by this body: and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the County Board of Chosen Freeholders, the County Fire Coordinator, the County OEM Coordinator and all participating Morris County Municipalities.

16. Raffle License, Off-Premise 50/50, Randolph Rotary Club, on April 24, 2017 at the Mt. Freedom Fire Co. 3, 670 Millbrook Ave, Randolph, NJ at 8:00 p.m.

17. Raffle License, On-Premise 50/50, Morris Knolls Boys Soccer Booster Club Inc., on November 17, 2016 at the Meadow Wood Manor, 461 Route 10 East, Randolph, NJ from 6:30 p.m. to 10:30 p.m.

18. Raffle License, Tricky Tray, Morris Knolls Boys Soccer Booster Club Inc., on November 17, 2016 at the Meadow Wood Manor, 461 Route 10 East, Randolph, NJ from 6:30 p.m. to 10:30 p.m.

19. Social Affair Permit, Police Pipes and Drums of Morris County, at Saint Andrews Greek Orthodox Church, 1447 Sussex Tpke., Randolph, NJ on November 12, 2016 from 6:00 p.m. to 11:00 p.m.

G. UPCOMING EVENTS

Shades of Pink Celebration—Steps of the Somerset County Historic Court House, Main St. Somerville, NJ on Thursday, October 6th at noon
Morris County Clerk Ann F. Grossi and Sheriff Edward Rochford Honoring Law Enforcement Officers who Served in the Military, October 6th from 5 p.m. to 7 p.m. at The Frelinghuysen Arboretum
Fire Prevention Open House on Saturday, October 15th 11:00 a.m. to 3:00 p.m. at all Randolph Fire Houses: Ironia, Mt. Freedom, Millbrook, and Shongum
Casino Night, Randolph Fire Engine Company No. 5, 118 West Hanover Ave, on October 15 from 7:30 p.m. to 11:30 p.m.; 5:30 p.m. - 7:30 p.m. cocktail hour
Randolph Area Chamber of Commerce Monthly Luncheon at LaStrada Restaurant, featured speaker: Congressman Rodney Frelinghuysen, Thursday, October 20 at 11:45 a.m.
Randolph Rock Stars Event, Randolph Education Foundation & Randolph Rotary, on Thursday, November 3rd from 7:00 p.m. to 10:00 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph
Veteran’s Day Ceremony, Friday, November 11th at 11:00 a.m. at the VFW Building, 103 Carrell Road
Council Only—Annual Fire Inspection on November 12th starts at Shongum Mountain Fire Company at 1:30 p.m., ends at Shongum Mountain Fire Company at 5:00 p.m. followed by dinner at Picatinny Arsenal at 6:00 p.m.
Volunteer Recognition Ceremony, December 1st, begins at 7:00 p.m. directly following the 6:00 p.m. Council Meeting
Holiday Tree Lighting, Saturday, December 3rd at 7:00 p.m.—Community Center
Employee Appreciation Breakfast, Atrium of Town Hall on Wednesday, December 7th at 9:00 a.m.
Senior Holiday Luncheon, at the Community Center, Tuesday, December 13th at 12:00 p.m.
Recreation Volunteer Awards at the Community Center, Tuesday, December 13th at 6:30 p.m.
Reorganization Meeting, Monday, January 2, 2017 at 1:00 p.m.
Ironia Fire House Pancake Breakfast on Sunday, October 23rd from 7:30 a.m. to 11:30 a.m.
Retirement of Sheriff Rochford, November 9th at the Park Savoy in Florham Park

H. DISCUSSION ITEMS

1. Best Practices

Manager Mountain explained that this is an annual requirement by the state. The worksheet is distributed by the Department of Community Affairs, and it requires all New Jersey municipalities to complete the questionnaire. He explained that he and Darren Maloney usually take a very conservative approach with responses. Again this year, the township is in the highest percentile. Best Practices is used by the state to guarantee state aid to municipalities. The only two questions answered negatively were the Fixed Asset program and the FEMA flood insurance program; these are both policy choices, not oversights. The Manager asked the Council for any questions related to the answers provided by himself and Darren Maloney.

Councilman Guadagno asked for a color copy of the report; Manager Mountain will supply one.

There were no other questions from the Council.

I. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road explained that the Summer Concert Series at the Library has ended; however, they now offer concerts on one Sunday per month at 2 p.m.

Steven Richert of 3 Patriots Way reported that he had submitted an ordinance revision request to the Council. He attended the meeting in order to put a name with a face, and he looked forward to the Council’s feedback regarding the change. The ordinance is related to chickens and structures for chickens; he reported that he emailed and also delivered a letter. The Manager and Council had only received the email at the time of this meeting. Mr. Richert briefly explained that he is aware some ordinances regarding animals have been revised, but the ordinance related to chickens has not been revised over the many years. Chickens as pets have become more prevelant; he understands the noise issue and suggested a “hen-only” policy as well as changing the acreage requirement to one acre. Mr. Richert spoke to Darren Carney, who suggested he address the Council with the issue. Mayor Hirniak explained that, once the Council gets a copy of the letter to review, he will then ask for feedback. The Mayor will provide Manager Mountain with the feedback, and he or his staff will contact Mr. Richert.

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

J. COUNCIL COMMENTS

Councilman Guadagno reported that he is getting a lot of reports and pictures of bears in his area. Councilmen Napoliello and Forstenhausler also reported bears in their areas. Chief Stokoe added that the police department receives calls about bears on a daily basis; the reports have been steadily increasing for the past five to ten years. The Chief explained that the department responds to calls; however, they do not do anything unless the bear is aggressive. Councilman Guadagno and Chief Stokoe suggested informing the residents of the increase in sightings and tips related to safety. Manager Mountain agreed to having information communicated to the residents through the township’s various media.

Councilman Guadagno also reported that he objects to the fact that parking is now being allowed along the streets in Gateways. He feels that it will become a problem.

Councilman Loveys attended the Morris County Prosecutor’s Clergy and Community Outreach program titled, “The Heroin and Opiate Drug Epidemic.” The Power Point presentation by Chief Assistant Prosecutor, Brad Seabury, was excellent. Councilman Loveys is going to ask the Municipal Alliance Committee (MAC) to ask if the Prosecutor’s Office can present it at the school for parents and students.

Councilman Loveys also reported that the MAC participated today (Oct. 6) in the Knock Out Opiate Abuse Day. The Health Department staff helped to distribute literature to some of the local medical professionals that might prescribe pain killers. The MAC had also planned to put door hangers on all the doorknobs in the high school for back to school night so the parents could get the information. The Councilman thanked Manager Mountain for allowing the Health Department staff to participate, and he thanked Donna Luciani and the Clerk’s Office staff for including the information on the electronic signs and other communications.

Councilman Loveys attended the TAC meeting. October is Traffic Safety Awareness month, the Police Department will be increasing enforcement in an effort to encourage safe driving during the month of October. The national day, Put the Brakes on Fatalities Day, is October 10th; the emphasis is to try to have the one day be fatality-free nation-wide.

Councilman Forstenhausler attended the first meeting of the new Advisory Environmental and Landmark Committee on September 27th. The new Chairman, Walter Nickens, and the Vice Chairman, Connie Stroh, were elected. There will be a model resolution sent to Manager Mountain to support the Highlands Act.

Councilman Forstenhausler also attended the Safety Committee meeting. For the past quarter, there were some automobile accidents and slight injuries, but overall there was nothing serious to be concerned about.

Councilwoman Veech reported that she and many Council members attended the Country Fair. She thanked the Rotary Club for all of their work.

Councilwoman Veech reported that she and several Council members also attended the Battle of the Badges charity softball game. She thought it was a fun night, and she hopes that more residents attend in the future.

Councilwoman Veech reported that there was a Law Enforcement Recognition Ceremony organized by County Clerk, Ann Grossi. The ceremony was for men and women in law enforcement that served in the Armed Forces. Officer Brian Brenckman (Navy) represented the Township of Randolph Police Department,.

Councilwoman Veech also reported that the bear issue was discussed at the Wildlife Management Advisory Committee. It was reported that the deer hunt is going slowly; the hunters see more bear than they do deer.

Councilwoman Veech asked Manager Mountain about a property on Everdale Road in which she believed was township-owned, where there was work being done. The Manager explained that soil had been moved and deposited there; it will be seeded and hayed.

Deputy Mayor Carey reported that for months she had heard residents’ complaints about the work on Sussex Turnpike; however, recently she has been hearing residents’ positive feedback about the project.

Deputy Mayor Carey reported that the Library Board of Trustees met. Director Anita Freeman is going to try to reach residents who do not use the library; she is reaching out to marketing groups to help and to develop a plan by January 2017. The plan is to inform residents who do not currently use the library about the services and resources available at the library.

Deputy Mayor Carey added that the Country Fair and the Battle of the Badges were good events. She also reported that she and several Council members attended the Kiwanis 45th Anniversary Celebration; it was a nice evening.

Mayor Hirniak reported the following:

September 19th—attended an open house town hall held by Governor Christie in Hanover Township regarding his Fairness Formula. This addresses school funding on a per-pupil basis, making it more uniform throughout the state as opposed to the 31 Abbot Districts. In advance of the event, the Mayor circulated a pledge in which he was asked to sign. Since he received no comments, he signed the pledge on behalf of Randolph Township.
September 21st—attended the Randolph Township Kiwanis 45th anniversary celebration; he spoke at the event, and congratulated the group.
September 23rd—attended the ribbon cutting at the Wellness Center. They were celebrating a new pilates program.
October 1st—attended a ribbon cutting at Power Flow Yoga, a new business in the township.
October 1st—he also attended, and was the emcee at, the Country Fair. He commended John Ragan, of the Economic Development Committee (EDC), on the outstanding awards.
October 1st—attended the Battle of the Badges at Brundage Park
October 3rd—attended the EDC meeting; there was a recommendation that in the future, no more than three awards be given each year.
October 6th—during the day, he attended the County Clerk’s Law Enforcement Recognition Ceremony for current or past military. Mayor Hirniak also stated that it was a wonderful program in recognition of our Police Officers who served. Mayor Hirniak acknowledged Officer Brian Brenckman (Navy), Sergeant Mygas (Navy), Lieutenant Harzula (Army), Officer Sommer (Army), Officer Carbonaro (Air Force), Officer Spence (Army), Officer Coyle (Marines), Officer Greco (Marines), and Officer O’Hern (Army).

Councilman Guadagno reported that there are two barns on Dover Chester Road, near the Sussex Turnpike intersection, and one of the two needs to be taken down before it falls down into the roadway.

Mayor Hirniak reported that the Planning Board met on September 19th, nothing of substance was decided.

K. EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the Executive portion of the meeting.

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

Update Bailey Litigation

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

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

Councilman Guadagno made a motion to move into Executive Session at 8:05 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Deputy Mayor Carey made a motion to close the Executive Session at 8:35 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

L. ADJOURNMENT

Deputy Mayor Carey made a motion to adjourn the meeting at 8:35 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None