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

Minutes: September 6, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. 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 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

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

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

Mayor Guadagno led the Pledge of Allegiance.

APPROVAL OF COUNCIL MEETING MINUTES FROM 2012

(1) Regular Meeting Minutes

a. May 31, 2012

Councilman Obremski made a motion to approve the minutes as presented. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilwoman Mitsch

b. June 7, 2012

Councilman Obremski made a motion to approve the minutes as presented. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

c. June 28, 2012

Councilman Obremski made a motion to approve the minutes as presented. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor MacArthur

NAYS: None

ABSTAIN:
Councilwoman Veech
Mayor Guadagno

MANAGER’S REPORT

Manager Lovell updated the Council on the Swiftreach program. There will be two upcoming events, the first test will be a practice with an administrative group and then there will be a town-wide test in October.

The Manager also reported that the Maintenance Facility is now fully functional. The only remaining thing is the leaf composting facility which is ongoing. The Community Center and Library projects are moving along, the exterior parking lot lights will be on next week. The building will be close to being done for the grand opening on September 22nd. The ribbon cutting for the Community Center will be at 11 am and the ribbon cutting for the Library will be at noon. Manager Lovell reported that he has gotten many compliments about the buildings from residents. The Library is sponsoring a petting zoo and ice cream social, and the Parks & Recreation Department is sponsoring a DJ. It will be well advertised throughout town.

Manager Lovell reported that there had been an op-ed piece in newspapers talking about trying to find a kinder, gentler way to harvest deer. He and Sue Grassmeyer both researched the concept and both were told that darting a wild animal sends the animal into a panic and it takes time for the tranquilizer to take effect. Once the tranquilizer is in the animal, the meat is no longer fit for human consumption. The State Biologist in Fish and Game also advised that tranquilizing an animal in New Jersey is very restricted, virtually nobody can administer or attempt to administer or tranquilize a wild animal unless they have special licensing through the state of New Jersey and that there are very few people with that type of licensing. Also, there are laws for handling tranquilizing guns, one such law is a 450 foot restriction.

Deputy Mayor MacArthur stated that he researched sterilization for the deer population, but was told by an employee of the NJ Fish and Wildlife Department that it is highly impractical in communities where there is a free ranging deer herd.

Manager Lovell reported that the new tablets are in for the Council members and that training will take place on October 2nd and 3rd.

OPEN TO PUBLIC

Mark Lomauro, 16 Appio Drive made an appeal to the Council for help getting two abandoned properties on his street cleaned up. He stated that he has called and written to the Health Department and that his impression is that their hands are tied because the Township doesn’t have a property maintenance code that applies to property owners, it only applies to rental properties. Mr. Lomauro questioned why there isn’t a property maintenance code for property owners.

Manager Lovell apologized to Mr. Lomauro for his feeling of having to attend the Council meeting to remedy the situation. He explained that the Council, and the previous Councils, rejected the idea of a property maintenance code for single family, homeowner occupied residential properties because they felt government was going too far and they did not want to become the grass police. However, he reported that there have been properties in town deemed as health nuisances, the town cleans them up, and puts a lien on the property. Manager Lovell assured Mr. Lomauro that he would look into the properties, and resolve the issue.

Judith Stewart, 114 Everdale Road referred to Combined Action Item X, number 50, about taking care of traffic problems that are caused by utility construction work. The answer given was “no.” She felt that Randolph has a better policy than any of the surrounding towns regarding traffic control where there is construction or utility work and that perhaps there could’ve been more detail given in the answer. Mrs. Stewart thanked the staff and also thanked the Public Works Department staff for always removing the vegetative debris that she removes from the triangle garden by Millbrook Avenue and Everdale Road.

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

COMBINED ACTION—REFUND/ADJUSTMENT RESOLUTIONS

Deputy Mayor MacArthur asked if Item T, Authorizing the Shared Services Agreement, had been signed.

Manager Lovell replied that it was currently being approved by the three towns. He stated that Tom Spring has been the lead on the concept of the three towns sharing in the purchase of a paving box costing $60,000. A paver box is used for small paving jobs.

Deputy Mayor MacArthur expressed concern regarding the indemnification section of the agreement. He gave Ed Buzak a copy of the agreement with his comments, and Ed will determine if the agreement can be revised at this time.

Councilman Napoliello made a motion to approve the Combined Action Items. Councilman Obremski seconded the motion and the following roll call vote was taken:

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

NAYS: None

*Yes, but requested a change to Item T if possible and, if changed, be brought back to the Council.

A. Release Escrow Funds for Block 5, Lot 20 to Breakground Realty, LLC, c/o Solar Inc.—$865.00

R-259-12

WHEREAS, the Planning and Zoning Department received escrow funds from Breakground Realty, LLC, c/o Solar Inc., 400 Morris Avenue, Suite 209, Denville, NJ, 07834, Block 5, Lot 20, 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 865.00, be refunded to Breakground Realty, LLC c/o Solar Inc., 400 Morris Avenue, Suite 209, Denville, NJ, 07834.

___________________
Darren Carney, Planning & Zoning Administrator

B. Release Escrow Funds for 1346 Sussex Tpke. to Valerie Roskaz—$743.50

R-260-12

WHEREAS, the Planning and Zoning Department received escrow funds from Valerie Roskaz, 1346 Sussex Tpk. Randolph, Block 88, Lot 1, 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 $743.50 be refunded to Valerie Roskaz, 1346 Sussex Tpk., Randolph, NJ 07869.

___________________
Darren Carney, Planning & Zoning Administrator

C. Refund Overpayment of Taxes for 1275 Sussex Tpke. to MLR Holdings—$5,722.85

R-261-12

WHEREAS, MLR Holdings, LLC has been granted a reduction in assessed valuation for the tax year 2012 by the Tax Court of New Jersey on Block 86, Lot 63, known as 1275 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $5,722.85.

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 $5,722.85 to MLR Holdings, LLC.

D. Refund Overpayment of Taxes for 1275 Sussex Tpke. to MLR Holdings—$71,176.59

R-262-12

WHEREAS, MLR Holdings, LLC has been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 86, Lot 63, known as 1275 Sussex Tpke; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $34,942.05, and $36,234.54 for 2010.

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 $71,176.59 to MLR Holdings, LLC.

E. 2012 Budget Amendments

Clean Communities

R-263-12

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 $44,353.14 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—Clean Communities Program

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $44,353.14 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—Clean Communities Program

Click It or Ticket

R-264-12

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 $2,800.00 which item is now available as revenue from:

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $2,800.00 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—Click it or Ticket 2012

F. Refund Overpayment of Taxes for 5 Chidester Road to CoreLogic—$3,418.78

R-265-12

WHEREAS, CoreLogic Tax Services has overpaid 2012 taxes in the amount of $3,418.78 on Block 27, Lot 97, 5 Chidester Road; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,418.78 to CoreLogic Tax Services.

G. Refund Overpayment of Taxes at Block 119, Lot 102.02 to Richard Colburn—$504.96

R-266-12

WHEREAS, Richard Colburn has overpaid 2012 taxes by reason of tax exempt Veteran in the amount of $504.96 on Block 119, Lot 102.02, 9 & 10 Westminster Drive; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $504.96 to Richard Colburn.

H. Release Cash Stabilization Bond for Driveway Stabilization at 16 Barney Drive to Christine Cullin—$1,000.00

R-267-12

WHEREAS, the Engineering Department has received a request from Christine Cullin for the release of $1000.00 cash stabilization bond posted for the purpose of driveway stabilization for a new home construction at 16 Barney St., Randolph;

WHEREAS, the Road Opening Bond consisted of a $1000.00 cash bond, which was received and deposited with the Finance Department on December 7, 2011 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the driveway stabilization at 16 Barney St. within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the 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 Stabilization Bond in the amount of $1000.00 be refunded to Christine Cullin, 16 Barney St., Randolph, NJ 07869.

I. Release Escrow Funds for Block 93, Lot 30 to Thomas DeMott—$739.75

R-268-12

WHEREAS, the Planning and Zoning Department received escrow funds from Thomas E. DeMott, 3552 W Summit Walk Dr. Anthem, AZ 85086, Block 93, Lot 30, and in the amount of $4,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $739.75 be refunded to Thomas E. DeMott, 3552 W. Summit Walk Dr., Anthem, AZ 85086.

___________________
Darren Carney, Planning & Zoning Administrator

J. Release Escrow Funds for 1243 Sussex Tpke. to Dr. Glen Goldstein—$331.50

R-269-12

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Dental Care, Dr. Glen Goldstein, 1243 Sussex Tpke, Randolph, NJ, 07869, Block 97, Lot 31, and in the amount of $500.00 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 $331.50, be refunded to Randolph Dental Care, Dr. Glen Goldstein, 1243 Sussex Tpke, Randolph, NJ, 07869.

___________________
Darren Carney, Planning & Zoning Administrator

K. Release Police Detail Escrow for Ironia Fireman’s Association—$450.00

R-270-12

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:

Ironia Firemen’s Assoc., Inc. $450.00

L. Authorizing an Award of Janitorial Services to ACCSES NJ/CAN from November 1, 2012 to December 31, 2013—14 Months at $6,166.29 Per Month for a Total Contract Cost Award of $86,328.15

R-271-12

WHEREAS, the Township desires to award a contract for Janitorial Services (5 Buildings—Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW) & Randolph Artworks Studio) from November 1, 2012 through December 31, 2013; and

WHEREAS, ACCSES NJ/CNA Services is the “Central Nonprofit Agency” designated by the State of New Jersey to administer the State Use Law for Rehabilitation Facilities, providing the dignity of a job and a paycheck to NJ citizens with disabilities; and

WHEREAS, ACCSES New Jersey (Association for Choices in Community Supports and Employment Services) is a non-profit organization providing leadership and support to affiliate programs which serve and employ people with disabilities and other disadvantages statewide; and

WHEREAS, ACCSES NJ/CNA Services has NJ State Contract T-1480, 77110 for Janitorial Services Statewide; and

WHEREAS, ACCSES NJ/CNA Services has provided a quote for an annual total of $73,995.56 ($6166.29 per month); and

WHEREAS, the quote from Employment Horizons to do the work was for an annual total of $85,968.

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 ACCSES NJ/CNA Services for the contract period November 1, 2012 through December 31, 2013 at an annual price of $73,995.56 ($6,166.29 per month) (total contract award $86,328.15).

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 6, 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, Building and Grounds, Other Expense and funds will be available in the 2013 Budget, Building and Grounds to award a contract to ACCSES NJ/CAN Services for Janitorial Services in the amount not to exceed $86,328.15.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 2012—01-201-26-310-306 = $12,332.58
2013—01-201-26-310-306 = $73,995.57

M. Refund Overpayment of Taxes for 801 Wendover Ct to Efren Leyva/Anna Duenas—$1,789.34

R-272-12

WHEREAS, Efren Leyva/Ana Duenas has overpaid 2012 taxes in the amount of $1,789.34 on Block 184, Lot 8.01, 801 Wendover Court; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $1,789.34 to Efren Leyva/Ana Duenas.

N. Authorizing the Inclusion of the Sale of a Used Backhoe Loader as a Trade-In in the Purchase of a New One R-273-12

WHEREAS, the Township of Randolph has the need to purchase a new, unused backhoe loader to replace a backhoe loader that is nearing its end of life; and

WHEREAS, the loader that is going to be replaced is a 2002 John Deere 310SG Backhoe Loader, VIN # T0310SG908208; and

WHEREAS, N.J.S.A. 40A:11-36(7) allows by Council resolution for the inclusion of the sale of personal property no longer needed for public use as part of the specifications to offset the price of a new purchase.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the inclusion of the sale of the used Township 2002 John Deere 310SG Backhoe Loader, VIN # T0310SG908208 in the specifications for the purchase of a new backhoe loader is authorized.

O. Release Road Opening Cash Bond for 16 Willow Drive to Peggy Rider—$500.00

R-274-12

WHEREAS, the Engineering Department has received a request from Peggy Rider for the release of a $500.00 cash road opening bond posted for the purpose of replacing the existing driveway at 16 Willow Dr., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 25, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacement of the existing driveway at 16 Willow Dr. 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 Peggy Rider, 16 Willow Dr., Randolph, NJ 07869.

P. Amending Award of Purchase from ADT Security under State Contract for Video Surveillance Security System for DPW Building from $44,042.91 to $46,892.91

R-275-12

WHEREAS, the Township of Randolph wishes to purchase a video surveillance security system for the DPW building; and

WHEREAS, ADT Security Services has NJ State Contract #77349 (M7004; NJPA 062909-ADT) for this item; and

WHEREAS, the original cost for the purchase and installation of this equipment is $44,042.91 and was authorized by R-144-12; and

WHEREAS, ADT has since provided a supplemental quote in the amount of $2850 for an additional 5000' of cable needed due to non-straight runs of cable for the installation; and

WHEREAS, the Township Engineer has reviewed and approved this increase.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize an increase in the award of the contract to ADT from $44,042.91 to $46,892.91 under NJ State Contract #M7004 77349 (NJPA 062909-ADT).

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 6, 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 #5-11, DPW Facility, to amend the contract with ADT Security Services for a Video Surveillance Security System for the DPW Facility in the amount not to exceed $2,850.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

Q. Release Tax Overpayment for 7 Mt. Pleasant Road to Homeward Residential—$3,722.57

R-276-12

WHEREAS, Homeward Residential has paid 2012 taxes in error in the amount of $3,722.57, on Block 222, Lot 24, known as 7 Mt. Pleasant Road, assessed to James/Kelly Garry; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,722.57 to Homeward Residential.

R. Rejecting All Bids for LED Signs Project from Forman Sign Co., John O’Hara Co. and Allied Environmental Signage

R-277-12

WHEREAS, the Township of Randolph advertised for the LED Signs project and received bids on August 9, 2012; and

WHEREAS, 3 bids were received; and

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

Forman Sign Co., Inc., Philadelphia, PA—$71,936.00,
John O’Hara Co., Inc., East Orange, NJ—$176,044.00,
Allied Environmental Signage, Eatontown, NJ—$92,000.00; and

WHEREAS, the bid from Forman Signs Co., Inc. included a Bid Bond which was not signed by the Principal of the company thus making it a mandatory reject; and

WHEREAS, the bid from John O’Hara Co., Inc. exceeded our estimate for this project; and

WHEREAS, the bid from Allied Environmental Signage included a named electrical subprime contractor who was not registered under the Public Works Contractor Registration Act at the time of bid opening thus making Allied’s bid also a mandatory reject.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids for the LED Signs bid be rejected.

S. Rejecting Bids for the Purchase of a New, Unused Asphalt Paver w/6-Ton Hopper Capacity from Foley, Inc. and Jesco, Inc.

R-278-12

WHEREAS, the Township of Randolph advertised for the Purchase of a New, Unused Asphalt Paver with 6-ton Hopper Capacity and received bids on August 23, 2012; and

WHEREAS, 1 bid was received and 1 ‘no bid’ was received; and

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

Foley, Inc., Piscataway, NJ—No Bid
Jesco, Inc., S. Plainfield, NJ—$58,019.00; and

WHEREAS, the sole bidder, Jesco, Inc., took exceptions to the bid specifications 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 6-ton hopper capacity be rejected.

T. Authorizing Shared Services Agreement between Randolph, Roxbury, and Denville Townships for the Purchase of an Asphalt Paver

R-279-12

WHEREAS, Randolph Township, Roxbury Township, and Denville Township wish to enter into an Agreement for the shared purchase on an Asphalt Paver; and

WHEREAS, all parties agree to all the terms and conditions of said agreement.

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

U. Authorizing Award of Contract #42, Category F (Topsoil) Landscaping Materials and Supplies to North Church Gravel

R-280-12

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #42 (Landscaping Materials and Supplies) on May 10, 2012; and

WHEREAS, the Township awarded Contract #42 on June 7, 2012, with the exception of Category F (Topsoil) since both bidders for that category were rejected as being non-responsive; and

WHEREAS, bids were re-advertised and received for Category F on August 22, 2012, in accordance with Local Public Contracts Law; and

WHEREAS, it is in the best interests of the MCCPC to award Contract #42 (Landscaping Materials and Supplies), Category F (Topsoil), to North Church Gravel in Franklin, New Jersey, as the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #42 (Landscaping Materials and Supplies), Category F (Topsoil), to North Church Gravel.

V. Authorizing Change Orders for the Community Center/Library Project with ML Construction—Change Order #24, Change Order #25, Change Order #26, and Change Order #27 Bringing Revised Contract Total to $2,427,140.94

R-281-12

WHEREAS, the original contact with ML Inc. is $2,214,000; and

WHEREAS, Change Orders #1-20 were previously approved and resulted in a increase of $199,162.80; and

WHEREAS, it is recommended that the following Change Orders be approved:

Change Order #24—Reduction of $26,474.00 for the front parking lot paving work and an increase of $23,595.00 to correct poor drainage areas as requested by the Township Engineer for a net reduction of $2,879.00.

Change Order #25—Add feeder wire to a/c unit for heater coil, not shown on Electrical Print for an increase of $9,767.75

Change Order #26—Plumbing Instant Hot is two times bigger than the electric circuit on the electric drawing. The wires and breakers need to be changed for an increase of $2,029.39

Change Order #27—Modify ceiling air handling/circulation vents in meeting room for revised drop ceiling for an additional increase of $5,060.00.

WHEREAS, the revised contract with ML Inc., including all change orders is $2,427,140.94.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the above change orders be approved and the contract be amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 6, 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, Renovations to Community Center/Library/VFW, to amend the contract with ML Inc. for Change Orders #24-27 in the amount not to exceed $13,978.14

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

W. Involuntary PERS Accidental Retirement—Water/Sewer Technician

R-282-12

WHEREAS, the Township of Randolph has employed a Water and Sewer Technician in the Water and Sewer Department; and

WHEREAS, the Water and Sewer Technician is an active member of the PERS; and

WHEREAS, the Water and Sewer Technician has twenty years and 7 months of PERS Service Credit, meeting the minimum service credit requirement of a 10 years for PERS members; and

WHEREAS, the Township staff is of the opinion that the Water and Sewer Technician is totally and permanently disabled and no longer can perform his or her assigned duties based on the documentation supplied by professionals retained by the Township; and

WHEREAS, the Township of Randolph is unable to provide an alternative to the PERS covered position with duties capable of being performed by said Water and Sewer Technician; and WHEREAS, the Water and Sewer Technician has consented to the processing of the Involuntary Disability Retirement application.

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 Manager process an Involuntary Disability Retirement application for the Water and Sewer Technician; and

BE IT FURTHER RESOLVED that certified copies of this Resolution shall be forwarded to all parties involved in the administration of this action.

X. Approve Best Practices Worksheet for State Aid Allocation

R-283-12

WHEREAS, Randolph Township would like to submit the completed Best Practices Worksheet required for State Aid Allocation.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Best Practices Worksheet CY 2012/SFY 2013.

Y. Authorizing Professional Services Agreement be Awarded to the Animal Clinic of Morris Plains for Veterinary Services in Connection with Pit Bull Spay/Neuter Program and Pet Retention Program (Grants) Beginning May 31, 2012—not to exceed—$15,500

R-284-12

WHEREAS, the Township of Randolph (“Township”) requires Veterinary Services in connection with Pit Bull Spay/Neuter Program and Pet Retention Program (grants); and

WHEREAS, the Township has agreed to retain Animal Clinic of Morris Plains, LLC located at 3009 Route 10, Morris Plains, NJ 07950 to provide the necessary Veterinary Services (Grant programs for pit bull spaying and neutering and pet retention) for a total amount not to exceed $15,550; and

WHEREAS, the contract with Animal Clinic of Morris Plains, LLC is for a total amount not to exceed $15,550 and was not solicited through receipt of sealed bids or competitive contracting, 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, Animal Clinic of Morris Plains, LLC submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Animal Clinic of Morris Plains, LLC has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Animal Clinic of Morris Plains, LLC having an office at 3009 Route 10, Morris Plains, NJ 07950 to provide Veterinary Services in connection with Pit Bull Spay/Neuter Program and Pet Retention Program (grants).

2. Animal Clinic of Morris Plains, LLC shall be compensated at the applicable rates for a total contract amount not to exceed $15,550.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 6, 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 available in the Dog License Trust Fund to award a contract to Animal Clinic of Morris Plain, LLC for Veterinary Services in connection with Pit Bull Spay/Neuter Program and Pet Retention Program for the period of one year beginning May 31, 2012 in the amount not to exceed $15,550.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 12-226-00-000-003 = $5,550.00
12-226-00-000-004 = $10,000.00

Z. Authorizing the Placement of Donation Clothing Bins at Randolph Fire Company #2 at 340 Route 10 by International Textile

R-285-12

WHEREAS, Randolph Chemical Engine Co. #2 has submitted an application for a Donation Clothing Bin to be placed at 340 Route 10, Randolph, NJ by Millennium International Textile; and

WHEREAS, the fee of $150.00 (per month, per bin) will be utilized by the Volunteer Fire Company to pay building expenses.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the placement of this clothing bin is approved.

AA. Authorizing the Award of MCCPC Contract #3, Category VI to Innovative Municipal Products for De-Icing Liquid and Rock Salt & Liquid Calcium Chloride

R-286-12

WHEREAS, on August 2, 2012, the Township Council on behalf of the Morris County Cooperative Pricing Council rescinded the award of Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) from IceLess, LLC due to the fact that the product offered did not comply with the bid specifications as being EPA certified; and

WHEREAS, bids were advertised and received on August 31, 2012, in accordance with Local Public Contracts Law for Contract #3 (Rock Salt & Liquid Calcium Chloride), Category VI (Natural De-Icing Liquid); and

WHEREAS, IceLess was the lowest bidder, however the bid was rejected as being non-responsive due to the fact that the required bid bond submitted with the bid expired on August 22, 2012; and

WHEREAS, it is recommended by the MCCPC Administrator that Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) be awarded to the second low bidder, Innovative Municipal Products (US), Inc., in Glenmont, New York, as being the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC award Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Innovative Municipal Products (US), Inc.

BB. Raffles

1) Raffle License, Tricky Tray, HSA Sacred Heart School, on October 26, 2012 at Skylands at Randolph, 790 Route 10 W, Randolph, NJ from 5:00 p.m. to 11:00 p.m.

2) Raffle License, 50/50, HSA Sacred Heart School, on October 26, 2012 at Skylands at Randolph, 790 Route 10 W, Randolph, NJ from 5:00 p.m. to 11:00 p.m.

3) Special Permit for Social Affair, Randolph Chemical Engine Company No. 2, 340 Route 10 West, Randolph, NJ, on October 2, 2012 from 2:00 p.m. to 6:00 p.m.

4) Raffle License, 50/50, Randolph High School Band Parents Association, 511 Millbrook Avenue, Randolph, NJ on October 13, 2012 from 6:00 p.m. to 10:00 p.m.

ORDINANCES

A. Introduction

A. Ordinance #17-12: Amend Salary Ordinance for Police Sergeants and Lieutenants and RTEA Parks and Recreation Coordinator

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED EMPLOYEES IN ACCORDANCE WITH COLLECTIVE BARGAINING AGREEMENTS EXPIRING ON DECEMBER 31, 2014” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 4th day of October 2012, at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said ordinance in full with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilwoman Mitsch made a motion to adopt the Ordinance. Councilwoman Veech 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: Councilman Obremski

DISCUSSION ITEMS

A. Zone Change Request—The Shelter Group

Manager Lovell reported the following:

Darren Carney suggested updating the definition of congregate care facility. He felt that the Township would be better served if language was developed clarifying the use of assisted living, independent units as an accessory use, and specify the percentages of each, a minimum not to exceed. The concept is so there won’t be a large scale restricted complex with little or no assisted living. Darren also felt the retention basin language was unnecessary.
The consensus amongst the professionals in regards to parkin, including Paul Ferriero, Consulting Engineer for Randolph Township, is 0.8 spaces per unit which is the correct ratio.
COAH: The percentage set aside remains an open issue. The ordinance indicates a 10% set aside, but there was discussion whether the percentage should be higher.
Due to the unresolved issue of this project not having frontage on Route 10, it was felt that the ordinance was not yet ready to be introduced.

Manager Lovell introduced David Holland from Shelter Development.

David Holland reported that although they felt that access from Quaker Church Road was sufficient, they have been seeking out Route 10 access. When they began to investigate Randolph as a market to serve seniors, they were presented the opportunity to approach two owners of property. In addition to the property on Quaker Church Road, the other was the adjacent property on Route 10 that has been referred to as the saw-tooth building. It has been approximately one year since they began pursuing both property owners. The Quaker Church property has proceeded, but an agreement has not been reached with the Route 10 property owner, despite continual efforts. There is a contract with the Quaker Church property owner, and in good faith they need to honor the timelines and deadlines in that contract.

Deputy Mayor MacArthur asked if consummating that purchase contract was contingent on the approvals that The Shelter Group was seeking from the Township. Mr. Holland reported that it was and that they signed the contract in the beginning of the year and have two years to get all of the approvals and a building permit.

Councilwoman Veech asked if there had been any attempts to purchase land or get an easement from the bank on Route 10.

Mr. Holland replied that their broker and the representative from the bank have had some dialogue and the bank is considering the proposal. They have also made contact with the owner of the saw-tooth building. The Shelter Group continues to try to gain access from Route 10.

Mayor Guadagno asked Mr. Michaels if having one exit on Quaker Church Road would be sufficient for the activity of the building. Mr. Michaels stated that, based on the information he heard from a traffic engineer before the Planning Board, one exit would be sufficient.

Manager Lovell stated that the Council needed to weigh in about the readiness of introducing an ordinance in October. He also stated that a determination needed to be made whether they agreed with the comments received from Darren regarding updating the definition of congregate care facility. The other issue is what this developer’s fair share would be for COAH units, whether it’s 10% or 20% set aside. The issue of a definition of congregate care was delegated to Robert Michaels and Darren Carney to work on in conjunction with Keli Gallo. Manager Lovell requested this be done within two weeks, and if it was decided that no change to the definition was needed, that they should advise the Manager and Council.

There was much discussion and several questions about the COAH obligations. Ed Buzak will research this issue and report back to the Council.

Manager Lovell recapped that he would draft an ordinance for introduction at the October meeting. Darren and Bob, and possibly Keli, will work on the language related to congregate care facilities.

Mr. Holland requested that the Council consider making the density 25 units per acre instead of 23 per acre. There was not yet a land survey so the exact acreage of the property is needed. He stated that they are designing a building with approximately 125 units, but requested some design flexibility.

There was discussion regarding the wording of the conditional use ordinance related to the number of units per acre as well as creating an incentive if additional acres are added to the project.

B. Solar Roof Panels—DPW Maintenance Center (Update)

Manager Lovell commended the Council for working with the Board of Education to have solar panels moved from the original plan. He reiterated that the Township had pledged to make the roof of the Public Works building available for solar panels. The Manager reported that in paperwork received by the Town, there was a lot of liability placed on the Township. There have been discussions between the Township attorneys, the Board of Education attorney, and the attorney for the Morris County Improvement Authority. Attorney Ed Buzak and the Board of Education attorney believe the solution is for the Board of Education to take over the meter at the Public Works building and charge the Township for its proportionate share. This would allow the Board of Education to sign the documents guaranteeing replacement of the solar panels. Manager Lovell stated that it doesn’t totally alleviate the Township of responsibility, there would still be a certain level of responsibility of restoring the underlying structures so the solar panels could go back up if the building was damaged from a storm.

Ed Buzak discussed some of the aspects related to the license agreement that the Board of Education signed. He discussed the issue of the roof failing and the panels being unable to produce electricity for a period of time. The Board of Education had questioned their responsibility since it is not their building. Attorney Buzak explained that in terms of allocating the risk, it makes sense that if the Township is letting the Board of Education use the roof, and it doesn’t work, then the Township needs to pay the fair share of the cost, the compensatory cost.

Deputy Mayor MacArthur expressed his concern since the agreement was not to become partners with the Board of Education, but simply to give them credit for the electricity produced by the panels.

Attorney Buzak stated that the agreement was expressed as a very simple concept; however, the mechanics of accomplishing it had not been considered. Manager Lovell stated that since this issue is between the Randolph Township Board of Education and Randolph Township, he would expect it not to be too troublesome.

Councilwoman Mitsch asked if insurance would cover the building and solar panels if there were to be an adverse weather event. There was discussion about whether it was thought insurance would cover repairs to the solar panels as well as loss of use of the panels. Attorney Buzak and Manager Lovell will follow up with JIF to determine the insurance coverage.

C. Electronic Sign—Municipal Complex

Manager Lovell reported that the bids that were received were rejected and it is now out to bid again. It is expected that the contracts will be awarded at the October Council meeting, and the signs will be erected in front of the Library, the Community Center, and the Maintenance Facility. Once the signs are in place, it will be determined if a similar sign will be erected in front of the Municipal Complex.

D. Stony Brook Day Camp Specification (Update)

Manager Lovell reported that he will draft a third version of the resolution and get it to Ed Buzak, with the goal of having it on the September 27th agenda.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road discussed her water bill since she is charged for the minimal usage. She felt that with the increased rates, there is no incentive to conserve water. She suggested that the water rates be raised and the basic charge be eliminated due to the regressive effect. Mrs. Stewart again stated that she personally would not move into the proposed assisted living and independent living facility unless it had a covered garage. In her opinion, the proposed 0.8 parking spaces per unit for the independent living residents would not be sufficient since it should be assumed that everyone will need at least one car and there will also need to be visitor’s spaces.

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

COUNCIL COMMENTS

Mayor Guadagno stated that the Wall Committee needs to start meeting and asked Councilman Napoliello to organize a meeting.

Deputy Mayor MacArthur asked if anyone responds to the Tap the Talent forms to recognize the person expressing interest and let them know that committee appointments are made on January 1st. Mayor Guadagno asked if the Wildlife Management Committee could be added to the boxes on the Tap the Talent form. Manager Lovell said that he will have the form amended.

Deputy Mayor MacArthur reported that the Traffic Advisory Committee (TAC) met, and there are four Alive at 25 sessions scheduled, September 24th, October 22nd, April 1st, and May 6th. Committee members expressed pleasure at the speed of the Salem Street Bridge repairs. Deputy Mayor MacArthur asked Manager Lovell to be sure to include the Chairman of the TAC in meetings with Debbie Hurt.

Manager Lovell reported that it was decided at the last Health Advisory Board meeting that another student member would be added. The Manager questioned if it would be easier to create an ordinance stating that up to 2 students or 3 students can be placed on any advisory board of the Township, by the Council. Since the Council agreed, the Manager stated that he will draft a uniform statement that all of the advisory boards can have up to 3 student members.

Mayor Guadagno reported that the RVRSA (Rockaway Valley Regional Sewage Authority) has a new Director.

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 following portion of the meeting.

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

Litigation
Land Acquisition

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

4. At the conclusion of the Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Loveys made a motion to move into Executive Session at 9:30 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to return to Open Session at 9:40 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 9:40 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

___________________________
Donna Marie Luciani
Township Clerk