All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: June 24, 2010
A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Alpert. 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 January 12, 2010, by emailing them the annual resolution adopted by the Council on January 1, 2010. 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 January 15, 2010. The Notice of Time Change for tonight’s meeting was provided to the Randolph Reporter on June 4, 2010, through email. The time change for this meeting date was advertised in the Randolph Reporter on June 10, 2010.
Deputy Mayor Mitsch
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Mayor Alpert led the Pledge of Allegiance.
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:
a. Reduction In Force—Employee Appeal
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 closed 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.
Township Attorney Buzak recommended the minutes reflect that the regular Open Session portion of the meeting that is open to the public will follow this Executive Session.
Councilman Algeier made a motion to go into Executive Session at 7:03 p.m. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
Councilman Algeier made a motion to return to Open Session at 7:55 p.m. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
Councilman Algeier made a motion to deny the grievance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, expressed her displeasure with the proposed budget and reiterated her belief that there must be another way to manage the budget to allow for the Community Services Supervisor to remain in her job.
Lee Whilden, 82 Radtke Road, reiterated her plea to the Council to repeal the increased salary for the mayor as it is a digression from Randolph’s form of government. Mrs. Whilden would prefer to see the Council freeze their salaries rather than engage in the layoff of personnel.
Seeing no one further from the public, the public portion was closed.
COUNCIL AND MANAGER REPORTS
Councilwoman Price reported that the Freedom Festival Parade will be held on July 3 and asked for a headcount of who will be attending from the Council.
Councilman Metz responded that all seven council members plus two candidates will be attending. Seven cars will be required for transportation in the parade.
Councilman Metz reported that the Morris County Economic Development Committee interviewed 27 Randolph businesses and provided a report of their findings. As a result of that report, the local EDC, as well as Councilman Metz and Manager Lovell, will more aggressively try to encourage the community to patronize and support the local businesses. The Councilman met with the outgoing principal from the high school regarding High School Senior Career Day and discussed ideas for enhancing the program next year. Councilman Metz attended a ground-breaking ceremony at the site for the upcoming Grecco project.
Councilman Algeier attended a Board of Health meeting where they discussed the recent homeland security exercise and suggestions were made for improving and enhancing the program in the future. The Councilman noted that Randolph was selected by the county to run the exercise because of the County’s high level of confidence in Randolph and the competence of the staff in holding these exercises.
Councilman Napoliello attended a joint Parks and Recreation Meeting at Randolph Lake where the new water feature was displayed. The water feature should be operational in a short time.
Councilman Obremski noted that a resident contacted him regarding flooding at his property from the surrounding neighborhood.
Manager Lovell suggested the resident contact him and Ralph Carchia to begin to remedy the situation.
Deputy Mayor Mitsch asked if a link on the township web site would be provided listing all of the businesses in town.
Manager Lovell responded that the Assistant Township Manager is working on such a link and expects to have it up and running shortly.
Deputy Mayor Mitsch commented that the interviews done by the Morris County Economic Development Committee was useful, however she would have preferred to have more than 27 businesses interviewed as they are all such a vital presence in the town. The Deputy Mayor attended the joint Parks and Recreation meeting and a lot of work done in town is being done in-house, which provides a significant cost savings to the township. Deputy Mayor Mitsch noted that, while this is a time when many difficult decisions have been made, it is also a time when many positive things are being done to improve the overall mission.
Mayor Alpert attended the Library Board of Trustees meeting and everything is running smoothly at the library. The Mayor felt the Morris County Economic Development Committee interviews was a positive undertaking and will enhance communication between the local business community and local government. Mayor Alpert attended a press conference in Trenton where Governor Christie discussed the proposed 2.5 percent levy cap.
Manager Lovell reported that a determination has been made to bifurcate the project at the Library and Senior Center. The site plan was designed in-house and the Manager expects to achieve a 15 percent savings by doing the project independently as opposed to bringing in a general contractor. The Carrell Road project is underway and is being done through a NJ DOT grant. A pedestrian bridge is being constructed at Heistein Park across Doby Road. Membership at Randolph Lake is up significantly, especially the daily passes. For the first time in several years, Randolph will not be the recipient of a dividend payment from the North Jersey Health Insurance Fund due to New Jersey’s financial situation and impacts from the federal government. Prior years’ dividend payments have averaged approximately $96,000.00, which will hurt Randolph.
APPROVAL OF MINUTES FOR REGULAR COUNCIL MEETINGS: April 29, 2010; May 6, 2010; June 6, 2010
Councilman Algeier made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
2009 MUNICIPAL AUDIT PRESENTATION—William Schroeder, Auditor
Mr. Schroeder’s comments included the following:
- The auditor looks at Randolph’s financial statements and materiality
- The internal control structure is reviewed and tested to ensure it is working properly
- Randolph’s financial administration is very sound
- Randolph’s CFO, Michael Soccio, is one of the finest in the state
- Randolph maintains a healthy fund balance
- One recommendation made by the auditors is to show fixed assets
Deputy Mayor Mitsch asked if showing fixed assets was a state requirement.
Mr. Schroeder responded that it is one of three technical accounting directives.
Councilman Metz asked if the majority of other audits have that same recommendation.
Mr. Schroeder responded that approximately 50 percent have that same recommendation.
Councilman Obremski asked how the system is tested, and Mr. Schroeder briefly explained the testing process.
2010 MUNICIPAL BUDGET ADOPTION
Manager Lovell noted that the public hearing was conducted at a previous meeting and read the following resolution into the record:
BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:
$17,627,296.00 For Municipal Purposes
$731,000.00 For Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy
|SUMMARY OF REVENUES|
|Miscellaneous Revenues Anticipated||$11,542,611.00|
|Receipts from Delinquent Taxes||$1,150,000.00|
|Amount to be Raised by Taxation for Municipal Purposes||$17,627,296.00|
|SUMMARY OF APPROPRIATIONS|
|Operations Including Contingent||$20,189,552.80|
|Deferred Charges and Statutory Expenditures—Municipal||$2,063,806.00|
|Excluded from “CAPS”|
|Operations—Total Operations Excluded From “CAPS”||$4,732,102.42|
|Municipal Debt Service||$2,235,978.00|
|Reserve for Uncollected Taxes||$2,531,205.00|
It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Township Council on the 24th day of June, 2010. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2010 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.
Deputy Mayor Mitsch made a motion to adopt the 2010 municipal budget. Councilman Metz seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
NAYS: Councilwoman Price
A. Second Reading and Public Hearing
(1) Ordinance #14-10: Amending Ordinance #5-10 Regarding Acquisition of 232 South Salem Street From Alan Mackerley for Municipal Public Uses
BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE #5-10 OF THE TOWNSHIP OF RANDOLPH REGARDING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PUBLIC PURPOSES” be read by title on second reading and a hearing held thereon.
Manager Lovell noted that the anticipated grant from the Morris County Open Space Committee was reduced. The grant is a percentage of the total purchase price, and the price of the property dropped during negotiations. This ordinance reflects that change in the amount of the grant.
The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.
BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE #5-10 OF THE TOWNSHIP OF RANDOLPH REGARDING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PUBLIC PURPOSES” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Napoliello made a motion to adopt the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
ABSTAIN: Councilman Obremski*
*Councilman Obremski abstained due to his participation on the Morris County Open Space Committee.
COMBINED ACTION ITEMS
Councilman Napoliello made a motion to approve the Combined Action Items. Councilman Obremski seconded the motion, and the following roll call vote was taken:
Deputy Mayor Mitsch
In regard to the resolution concerning liquor license renewals, Mrs. Luciani noted that Nicole’s 10 has not received tax clearance from the state as yet and will be required to pay a fee to the state to remain open until clearance is granted.
A. Accept 2009 Municipal Audit
WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and
WHEREAS, the Annual Report of Audit for the year 2009 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and
WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
B. Authorize Execution of TWA (NJ DEP Treatment Works Application) For Heritage 55
WHEREAS, the Randolph Township Council wishes to authorize the Township Manager to execute a NJ DEP TWA permit for the Age Restricted Housing Project at Block 49, Lot 6—Heritage Village 55.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for Township Manager John C. Lovell to execute the Consent Agreement.
C. Affirm the Township’s Civil Rights Policy
WHEREAS, it is the policy of the Township of Randolph to treat the public, employees, prospective employees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to, the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law Against Discrimination, the Americans With Disabilities Act, and the Conscientious Employee Protection Act; and
WHEREAS, the governing body of the Township of Randolph has determined that certain procedures need to be established to accomplish this policy.
NOW, THEREFORE, BE IT ADOPTED by the Township of Randolph that:
Section 1: No official, employee, appointee or volunteer of the Township of Randolph by whatever title known, or any entity that is in any way a part of the Township of Randolph, shall engage, either directly or indirectly, in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the Township of Randolph’s business or using the facilities or property of the Township of Randolph.
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Township of Randolph to provide services that otherwise could be performed by the Township of Randolph.
Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.
Section 4: The Township Manager shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
Section 6: The Township Manager shall establish written procedures that require all officials, employees, appointees and volunteers of the Township as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities, and rights pursuant to this resolution.
Section 7: The Township Manager shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.
Section 8: At least annually, the Township Manager shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Township. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Township’s web site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official newspaper of the Township of Randolph in order for the public to be made aware of this policy and the Township’s commitment to the implementation and enforcement of this policy.
D. Authorizing Addition to Employee Personnel Manual
WHEREAS, the Township of Randolph wishes to update the sections of the Personnel Manual/Employee Handbook which deals with the Americans With Disabilities Act Policy, General Anti-Harassment Policy, Anti-Sexual Harassment Policy, Family and Medical Leave Act Policy, and the E-Mail, Voicemail, Computer and Internet Usage Policy for its employees.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Randolph that the revised policy to the Employee Manual is accepted and approved.
E. Liquor License Renewals for 2010—2011 Season for Skylands, Rosie’s Italian Kitchen, The Wine Cellar, and Westside Grill
BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following applications for renewal of alcoholic beverage licenses for the respective premises hereinafter designated, for the 2010-2011 season, commencing July 1, 2010, and ending June 30, 2011, are hereby granted. The fees being as hereinafter listed and the said applicants having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:
|LICENSE NO.||NAME OF LICENSE||LOCATION||FEE|
|792 Route 10 West|
|1432-33-011-005||Rosie’s Italian Kitchen||1181 Sussex Turnpike|
|1432-44-019-002||Pappas Imports, LLC|
t/a The Wine Cellar
|1194 Sussex Turnpike|
|1432-33-003-006||Westside Grill Partners LLC||500 Route 10 West|
BE IT FURTHER RESOLVED that the Township Clerk be is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.
(1) Off-Premise 50/50, Interfaith Council for Homeless Families of Morris County, October 21, 2010, 6:00 p.m. to 10:00 p.m., at The Meadow Wood Manor, 461 Route 10, Randolph
(2) Tricky Tray, Interfaith Council for Homeless Families of Morris County, October 21, 2010, 6:00 p.m. to 10:00 p.m., at The Meadow Wood Manor, 461 Route 10, Randolph
(3) On-Premise 50/50, The Willow Tree Center, July 11, 2010, 8:00 a.m. to 12:00 p.m., Randolph Township Lake, Green Lane, Randolph
(1) Tree Removal/Replacements—Ridge at Randolph (Nitti) (41:33)
Manager Lovell noted that in the past, the township has worked with developers when it was required that a large number of trees be removed. The developer for Nitti Mountain asked if the township would negotiate with him on this issue. The Manager’s comments included the following:
- There are two separate and distinct issues involved in tree removal on Nitti Mountain
- The Manager does not recommend flexibility on the removal of replacement trees on individual lots in order to minimize tree removal
- Concerning the removal of trees in the public right-of-way areas, Township staff has advised that 794 tree replacements will be required based on the number of trees to be removed
- The developer’s plan shows 204 trees being planted back on site along the roadway and around the drainage basin
- There is a balance of 592 trees that are owed by the developer
- The Manager suggests the developer pay $25,000.00 before he begins clearing the site, and thereafter with each CO for the first four houses the developer will pay the township $11,000.00 for a total obligation of $69,000.00, or 58 percent of the $118,000.00 obligation
- Money in the tree fund is used to maintain other trees in the township
Councilman Algeier noted that this plan is consistent with the Planning Board’s practice over the last few years in regard to tree removal and replacement.
Council indicated their approval of the proposal.
(2) Shongum School Area—Traffic Controls (49:39)
Councilman Obremski noted that when this ordinance came into question several weeks ago, a sub-committee was formed. The sub-committee met with two bus drivers who frequent Shongum School on a daily basis and with Sgt. Moore who has been dealing with residents regarding this issue. It is the opinion of the sub-committee that the recommendations made by Sgt. Moore to change the ordinance by relaxing some of the parking restrictions should move forward. The Councilman acknowledged that this will address some, but not all, of the concerns voiced by the residents.
Councilman Algeier noted that, although the ordinance may require additional tweaking, it will be in place at the start of the new school year and it will be monitored.
(3) Fees Governing Leaf and Brush Collections (53:11)
Manager Lovell’s comments included the following:
- When going through the budget process, the Council talked about ways in which to generate additional revenue
- Leaf collection and brush collection could be potential sources
- An initial ordinance was drafted and modified
- Leaf bags left at the curb by residents will be picked up at any time free of charge
- A series of fees associated with raking leaves to the curb was created
- A resident would contact the Township to obtain an annual leaf removal permit, which can be done online as a convenience to residents
- There would be a fee of $200.00 to pick up leaves during October, and the fee would increase to $250.00 after October 31
- There will be an aggressive education process for the public on this new system through the newsletter, email alerts, etc.
- Leaf collection is expected to generate approximately $250,000.00
- The Manager senses that many residents will pay their landscapers to remove leaves, which is positive in that it reduces the amount the Township will need to pick up
- The fee for brush collection in the spring will be $150.00 prior to April 15, and after April 15 the fee will increase to $200.00
- A service that will remain unchanged is when a resident can contact the town for a special collection anytime during the year for $250.00
- Brush collection is expected to generate approximately $60,000.00 or $70,000.00
- The ordinance will continue to prohibit landscapers from putting leaves at curbside
- The Manager expects public push back with regard to this new program
Councilman Obremski expressed concern he has with the ordinance regarding leaf bags and asked that the word “sealed” be changed to “closed.”
The Manager stated that he will amend the proposed ordinance as suggested by Councilman Obremski and have the ordinance ready for introduction at the next meeting.
(4) Replacement of Retaining Walls Along Streets (64:20)
Manager Lovell stated that currently the Township’s official position on retaining walls is either the property owner maintain the wall or the Township will come and grade the property back. The Manager suggests offering another alternative to the policy, and that would be to treat certain walls as special assessment projects.
Councilman Algeier expressed concern with the idea because as the policy stands now, maintenance and repair of retaining walls belongs to the property owner. If a special assessment was done, the wall becomes the responsibility of the township.
Manager Lovell asked if this could be done on a contract basis where the homeowner would be responsible for repairs and maintenance.
Mr. Buzak responded that typically special assessments are done for public improvements and is unsure Randolph could utilize the process if we don’t buy the wall. He will research the issue and report back to the Council.
(5) Lighting—Quaker Church and Center Grove Area for Pedestrians (70:17)
Manager Lovell reported that one of the apartment complex owners approached him regarding the Township installing lights along the new sidewalk. The Manager responded to him that installing lights is not the policy of the Township but he would bring the issue before the Council for discussion. Manager Lovell cautioned that if lights are installed, the Council should expect many more requests for street lighting, which is a major expense for the town.
Councilman Obremski noted that only a municipality can request lighting for public streets.
Councilman Algeier suggested that, since the property owner can not be charged by the township for the costs associated with the lighting, the property owner could install lights on his property on his own as a way to improve the area if he wishes to do so.
The Council indicated they would not support installing lights at the apartment complex.
Councilwoman Price suggested that the cross-walk on Quaker Church is a safety issue and should be illuminated at night.
Manager Lovell responded that the Township will address that specific safety concern.
REVIEW AND SET PROPOSED AGENDA FOR JULY 1, 2010 REGULAR MEETING
Councilman Algeier asked if the Manager could provide a memo to the Council as he has in the past that would indicate that the Manager has reviewed and approved the refund resolutions.
Councilman Algeier noted that he may be absent from the July 1 meeting due to family obligations.
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, thanked the Assistant Manager for letting members of the public know when the Executive Session ended. Mrs. Stewart asked if the last raffle item on the agenda was to occur in a public place.
Mrs. Luciani responded that the raffle will take place when the public is present.
Mrs. Stewart expressed concern and asked the Council to reconsider their approval of the raffle license since it allows gambling where children could be present.
Seeing no one further from the public, the public portion was closed.
COUNCIL AND MANAGER COMMENTS
There were no comments.
Mayor Alpert adjourned the meeting at 9:25 p.m.
Donna Marie Luciani