502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: October 26, 2006

A regular meeting of the Randolph Township Council was called to order at 8:13 p.m. by Mayor Algeier. 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 Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilwoman Mitsch (arrived 9:00 p.m.)
Councilman Napoliello
Councilwoman Price (via telephone)
Deputy Mayor Obremski
Mayor Algeier

ABSENT: Councilman Manning

Mayor Algeier noted that Councilman Manning wished to attend via telephone but it had already been promised to Councilwoman Price, thereby making the phone unavailable to Councilman Manning.

Also present: Township Manager John Lovell and Township Attorney Edward Buzak

Mayor Algeier led the Pledge of Allegiance.

PROCLAMATION

WHEREAS, Anthony Terrezza, Jr., was a leader of this community immediately upon his arrival; and

WHEREAS, Anthony first become a member of the Randolph Township Zoning Board of Adjustment in 1998 and served with distinction and dedication, becoming Vice Chairman of the Board until the completion of his term in 2001; and

WHEREAS, Anthony rejoined the Zoning Board of Adjustment in 2004 and immediately was selected again by his fellow members as Vice Chairman; and

WHEREAS, Anthony also served Randolph Township as a member of the Randolph Recreation Committee and the Randolph Parks Committee; and

WHEREAS, his colleagues on the Parks Committee selected Anthony to be the Chairman of the Trails Subcommittee giving him the responsibility for Randolph’s award winning trails; and

WHEREAS, Anthony also served the community in many roles as part of Randolph’s recreation program; and

WHEREAS, Anthony was a key factor in establishing the truth of Randolph’s motto: “Where Life is Worth Living.”

NOW, THEREFORE, in honor of Anthony’s service to the citizens of Randolph and the Randolph community, I, Gary C. Algeier, Mayor of Randolph Township 2006, do hereby declare, proclaim and designate Anthony Terrezza, Jr. as one of “Randolph’s Treasures.”

I FURTHER PROCLAIM that the work and dedication of Anthony Terrezza Jr., helped Randolph Township earn the distinction of being Money Magazine’s #4 Best Community in the Northeast.

I FURTHER PROCLAIM AND DECLARE, on behalf of all the citizens of Randolph who have benefited by Anthony’s tireless devotion to the improvement and progress of the community, that October 29, 2006, shall officially be known and designated as “Anthony Terrezza, Jr. Day.”

COUNCIL AND MANAGER REPORTS

Councilman Napoliello attended a County Open Space Committee Meeting where Randolph made an application for two parcels of land. The Councilman congratulated Assistant Manager Tom Russo for doing an excellent job in presenting our application. Councilman Napoliello attended a Recreation Committee Meeting where he was informed that a Silent Saturday took place where parents attending soccer games had to remain quiet on the sidelines.

Councilman Huston noted that he attended a Community Services Committee meeting which was poorly attended, both by regular members and the student member, and he summarized some of the programs they are working on. There was discussion at the meeting of combining the Community Services Committee with the Senior Citizens Advisory Committee.

Mayor Algeier suggested they try holding a joint meeting to see how things work out.

Councilman Huston reiterated the fact that the MAC Committee is working well.

Councilwoman Price attended a Landmarks Committee meeting also attended by Mr. and Mrs. Grecco who presented the plan for the development that will be going on at their property. This presentation helped alleviate some of the Landmarks Committee’s fears about the preservation of trees along Quaker Church Road and concerns on the location of the entrance/exit for the site. The Landmarks Committee sent a letter to the Planning Board requesting they keep the committee’s concerns in mind when reviewing the Grecco proposal. The Landmarks Committee is still seeking a student member. They are undertaking a project to record oral histories of the senior members of the town, and hopefully this can be done by a student member. The Economic Development Committee thanked the Council for attending their annual banquet and is considering proposing for 2007 the contracting for a business development plan enhancing the Route 10 corridor.

Deputy Mayor Obremski attended the Parks Committee tree and park bench dedication ceremony and thanked the Mayor for attending it and offering some kind words. He attended the Senior Citizen Advisory Committee meeting. The Deputy Mayor agrees with the idea of holding some joint meetings with the Community Services Committee as a way to ease into combining those two committees. The Senior Citizens Advisory Committee is asking if the town can provide additional insurance when they are traveling on trips and so forth.

The Manager responded that the township is always willing to work with them. If the travel concerns a departmental activity, there is coverage, however if it is club activity, the town does not cover them.

Manager Lovell reported that the Morris County JIF is sponsoring a program at the League of Municipalities Convention and asked any Council member attending the convention to try to attend the program. For each Council member attending the program, Randolph will receive a $250.00 discount against next year’s premiums. The Manager noted there have been several inquiries regarding the leaf collection program at the staff level. He also stated that there has been good compliance by landscapers.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, summarized a few more programs being performed through the Community Services Committee. She reiterated her concerns over the flag poles that house the cell towers being a huge contributor to light pollution in town.

Manager Lovell asked the Council members to remind their respective committees of the town web site and the benefits of using that site to notify residents about their programs and services.

DISCUSSION

A. Gene Stracco—High School Hall of Fame

Robert Lupieri, President of the Randolph High School Alumni Association, offered a history of the Alumni Association and presented an overview of a proposal to the Council for implementing a Hall of Fame for alumni.

Gene Stracco, a former teacher in Randolph, provided some background information on a few possible candidates to the Hall of Fame. He asked the Council to issue a proclamation commemorating the first inaugural dinner for the Hall of Fame on May 4, which will then be placed on the wall showcasing the nominees.

Mayor Algeier stated the Council would support the idea of a Hall of Fame and would issue a proclamation as requested. He also stated that he would be honored to attend the inaugural dinner.

B. Request to Relocate Sewer Service Area Line—Jim Salerno

Manager Lovell commented that he received correspondence and phone calls regarding a desire by Salerno Buick/Pontiac to have their property incorporated into the sewer service area. He provided the Council with background and summary information on the sewer line as it exists. It is his sense that the next step is to petition the RVRSA to amend the sewer service area to include the Salerno property.

Councilman Huston noted that last time Randolph tried to amend the sewer service area, the petition was denied.

The attorney representing Mr. Salerno was present at the meeting. He appreciated the Council’s input and history of the past filing. He noted that their petition could not get past the sewer authority without Randolph agreeing to permit the amendment.

Mayor Algeier stated that the attorney should submit a letter to the Manager or Council noting the Council is only being asked for support and approval and that his client will not be seeking any money from Randolph to conduct any studies for the project.

C. Proposed Wireless Telecommunications Ordinance

Manager Lovell noted that the Board of Adjustment is meeting this evening and discussing this ordinance. He has requested the Board of Adjustment give feedback and is waiting for their response. If the Board of Adjustment is supportive, he would like to place the ordinance up for introduction next week. If there are further proposals, he will carry it to the next session for discussion.

Mayor Algeier cautioned that judges look unfavorably upon such ordinances when towns try to appropriate too much of the potential income for themselves.

Township Attorney Buzak responded that this ordinance takes that into account and that other areas will realize the potential income.

D. Ordinance #16-04—Property Maintenance

Manager Lovell reported that several years ago the Township Council, during a goal setting session for the community, decided that property maintenance issues needed to be dealt with. An ordinance was drafted dealing with rental properties, and a sunset provision was placed in the ordinance which expired last year. The Manager believes the ordinance should be tightened up in a couple of places and put back into effect again dealing with rental properties. However, there have also been some maintenance problems with homes that have been sitting on the market waiting to be sold, and he would like the ordinance to deal with the issue of those vacant properties as well.

Mayor Algeier noted that he and Councilman Manning were involved in the drafting of the original ordinance and were both concerned with putting a blanket maintenance ordinance in effect for the town. He believes town officials should make the determination of which properties become problems. One of the reasons they put a sunset clause in the ordinance was to see how the ordinance played out. He would like to see a report from the Health Department, and perhaps the municipal court, on the success of the prior ordinance before adopting a new ordinance.

Manager Lovell responded that he will ask Assistant Health Officer Mark Caputo to come before the Council in November to give a report on specific circumstances where the ordinance was used in the past.

E. Volunteer Recognition

Manager Lovell reported that they will be honoring township volunteers, employee milestones, and the two retiring Council members on December 7 at 5:30 p.m. He will be issuing invitations that clearly list the categories being recognized at the ceremony.

Mayor Algeier asked to be placed on the program so that he can say a few words in honor of Councilman Huston and Councilman Manning.

COMBINED ACTION RESOLUTIONS

Deputy Mayor Obremski recognized a gentleman in the audience representing Randolph Business Campus.

The Manager summarized the items on the Combined Action Agenda.

Deputy Mayor Obremski made a motion to approve the combined action items. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT: Councilman Manning

A. Refunds

(1) Refund Road Opening Cash Bond for Connecting to Water System at Block 178, Lot 1, to Michael J. McConnell—$300.00

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WHEREAS, on September 21, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of repairing a driveway for 16 Country Lane, Block 178, Lot 1; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Mr. Michael J. McConnell of 16 Country Lane, Randolph, NJ 07869.

(2) Refund Road Opening Cash Bond for Block 21.04, Lot 16, to Philip and Kim Galiardo—$300.00

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WHEREAS, on September 21, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of connecting to the water system for 1 Ellam Drive, Block 21.04, Lot 16; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Philip and Kim Galiardo of 1 Ellam Drive, Randolph, NJ 07869.

(3) Refund Road Opening Cash Bond for Block 42.05, Lot 2, to Joseph Alessi—$300.00

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WHEREAS, on September 21, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing drainage for 77 Fernia Drive, Block 42.05, Lot 2; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Mr. Joseph Alessi of 77 Fernia Drive, Randolph, NJ 07869.

B. Authorizing an Award of Contractor for the Addition and Alteration to the Brundage Park Playhouse

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WHEREAS, the Township of Randolph wishes to award a contract for the addition and alteration to the Brundage Park Playhouse; and

WHEREAS, bids have been advertised and received on September 7, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, four (4) bids were received and reviewed by Fox Architectural Design PC, and has determined that Oradell Construction Company, Inc., is the low bidder meeting all the specifications at a contract price of $188,900.00; and

WHEREAS, an alternate bid was presented regarding the relocation of existing underground power line. Based on site conditions and exact location of existing power line, if line does not need to be relocated there will be a deduction of $2,000.00; and

WHEREAS, alternate #2 was presented for eliminating Door #7 at a deduction of $1,100.00. John Van Brunt recommends keeping this door and a change can be made at a later date; and

WHEREAS, the Township recommends the award of bid to Oradell Construction Company, Inc., at a total contract price of $188,900.00 with alternates to be determined at a later date as work begins.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the contract be awarded to Oradell Construction Company, Inc., Roseland, New Jersey, at a total contract price of $188,900.00 with alternates to be determined during construction.

C. Authorizing Execution of a Rider to Developer’s Agreements Between the Township and Randolph Business Campus

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WHEREAS, Randolph Business Campus has previously received amended preliminary and final site plan approval from the Randolph Township Planning Board for the development of Lots 3 and 51 in Block 44; and

WHEREAS, the Township and the Randolph Township Municipal Utilities Authority have previously entered into Developer’s Agreements with Randolph Business Campus setting forth the rights, duties and obligations of the parties in connection with said development; and

WHEREAS, Randolph Business Campus has assigned all of its rights and obligations under the above-referenced Developer’s Agreements to RIC Associates, LLC which is the purchaser of the premises which is the subject of said Agreements; and

WHEREAS, the Township, Randolph Business Campus and RIC Associates, LLC wish to enter into a Rider to the Developer’s Agreements setting forth the rights, duties and obligations of the parties in connection with said development.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Mayor and Township Clerk are hereby authorized and directed to execute the Rider to Developer’s Agreements between the Township, Randolph Business Campus and RIC Associates, LLC, the original of which is on file in the Office of the Township Clerk.

D. Authorizing Execution of a Developer’s Agreement Between Randolph and Randolph Business Campus

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WHEREAS, Randolph Business Campus has previously received Amended Preliminary and Final Site Plan approval from the Randolph Township Planning Board for the development of Lots 3 and 51 in Block 44; and

WHEREAS, the Township of Randolph Business Campus wishes to enter into a Developer’s Agreement setting forth the rights, duties and obligations of the parties in connection with said development.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Mayor and Township Clerk are hereby authorized and directed to execute the Developer’s Agreement between the Township and Randolph Business Campus, the original of which is on file in the Office of the Township Clerk.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to provide the original fully-executed Developer’s Agreement to the Special Township Land Use Attorney for recording in the Morris County Clerk’s Office.

This resolution shall take effect immediately.

E. Awarding a Contract for Solid Waste Collection—Residential Curbside Pickup

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WHEREAS, the Township of Randolph wishes to award a contract for solid waste collection—residential curbside pickup; and

WHEREAS, bids have been advertised and received on September 27, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, two (2) bids were received and reviewed by Mark Caputo, who, after comparing per-ton bids and lump-sum bids, determined that Blue Diamond Disposal is the low bidder meeting all of the specifications at a total five-year contract price of $2,644,000.00 at the lump-sum rate, broken down as follows:

2007$504,000.00
2008$520,000.00
2009$535,000.00
2010$535,000.00
2011$550,000.00

WHEREAS, the Township recommends the bid be awarded to Blue Diamond Disposal for a five year period at a total contract price of $2,644,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Blue Diamond Disposal for a five year period from January 1, 2007 through December 31, 2011.

F. State Long-Term Care Insurance Plan (Premium Funded by Participating Employees)

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WHEREAS, the State, through the Division of Purchase and Property, awarded a Long Term Care Insurance Plan Contract for State employees to Prudential Insurance Company of America (hereinafter “Prudential”) on May 4, 2001 (hereinafter “the Contract”); and

WHEREAS, N.J.S.A. 52:18-11.2 provides that the State Treasurer shall negotiate and arrange for a long term care insurance plan to employees and retirees of any local public employer contracting unit adopting a resolution offering its employees and retirees the opportunity to participate, at their own cost; and

WHEREAS, the Contract has been amended to permit participation be eligible active and retired employees of any local contracting unit adopting a resolution offering its employees and retirees the opportunity to participate in the Contract.

NOW, THEREFORE, BE IT RESOLVED:

1. The Township of Randolph hereby offers the Long-Term Care Insurance Plan that is the subject of the contract to its employees and retirees.

2. We understand that submission of a certified copy of this resolution to the Division of Pensions and Benefits (“the Division”) is a prerequisite to any of our employees and retirees applying to enroll in the Plan options and benefits offered under the contract.

3. We understand that following its receipt of a certified copy of this resolution, the Division will advise Prudential that our employees and retirees are eligible to apply to Prudential for enrollment in the plan options and benefits offered under the contract.

4. We acknowledge that we will cooperate with Prudential in making the opportunity for our employees and retirees to apply to Prudential for enrollment in the plan options and benefits offered under the contract.

5. We understand that an employee or retiree eligible to participate in the plan options and benefits offered under the contract shall pay the entire cost associated therewith.

6. We understand that an enrolled employee may elect to have a deduction made from his or her salary for the payment of premiums due Prudential under the contract.

G. Raffles

(1) Randolph Fire Engine Co. #5, Off-Premise Merchandise Raffle, January 15, 2007, 7:30 p.m., 118 West Hanover Avenue, Randolph, NJ

(2) Social Affair Permit, St. Andrew Greek Orthodox Church, 1447 Sussex Turnpike, November 10, 2006, 5:00 p.m. to 10:00 p.m., Comedy and Music Show

(3) St. Cecelia Home and School Association, 50/50 Raffle, Skylands, November 10, 2006, 6:00 p.m. to 11:00 p.m.

(4) Mountain View School PTA, Off-Premise 50/50, March 29, 2007, Skylands, Route 10 West, 10:00 p.m.

REVIEW AND SET PROPOSED AGENDA FOR NOVEMBER 2, 2006 REGULAR MEETING

Manager Lovell reviewed the proposed agenda with the Council.

COUNCIL AND MANAGER COMMENTS

Councilman Huston asked about the Manager’s evaluation.

Councilwoman Mitsch and Councilman Napoliello agreed to serve on the committee coordinating the evaluation.

Councilman Napoliello recommended holding another budget committee meeting with Manager Lovell.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that the garbage collection company is doing a good job although they did destroy one of her garbage cans.

Councilwoman Mitsch asked the Manager for the status of a complaint she emailed him from a resident on Lake Cherokee Road.

The Manager responded that he contacted Verizon and they said they will take care of the problem.

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 this meeting.

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

A. Randolph Mountain
B. Tax Appeal—Quaker Village L.P.
C. Possible 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 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.

Councilwoman Mitsch made a motion to move into Executive Session. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT: Councilman Manning

RECONVENE

Councilwoman Mitsch made a motion to approve a resolution pertaining to a tax appeal by Quaker Village. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

WHEREAS, Quaker Village, L.P., the owner of property located at Block 77, Lot 33, on the official tax maps of the Township of Randolph, also known as 312 Quaker Church Road, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax year 2005; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2005 from a total assessment of $7,700,000.00 to a total assessment of $6,600,000.00; and

WHEREAS, the property owner has further agreed to waiver pre-judgment interest due on any refunds due as a result of the proposed settlement for tax year 2005; and

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township Assessor and appraisal consultant, that the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and that this matter be settled pursuant to the terms set forth herein; and

WHEREAS, the Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax year 2005 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2005 of $29,590.00.

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

1. The tax assessment on the subject property located at Block 77, Lot 33, on the official tax maps of the Township of Randolph shall be reduced for tax year 2004 from a total assessment of $7,700,000.00 to a total assessment of $6,600,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $29,590.00 to the property owner, said refund being attributable to the reduction in the assessment for the 2005 tax year.

3. This resolution shall take effect immediately or as otherwise provided by law.

ACTION ON OTHER TWO EXECUTIVE ITEMS

ADJOURNMENT

The Mayor adjourned the meeting at 11:05 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Algeier.

Present for the executive session were:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier
Township Manger Lovell
Township Attorney Buzak

Absent for the executive session were: Councilman Manning

Quaker Village Tax Appeal

Released May 1, 2008

Randolph Mountain

Do Not Release

Personnel

Manager Lovell explained to the Council that he and the Police Chief met to discuss personnel issues affecting the FOP and issues regarding interoffice communications (e-mails) between Department Heads and officers. Manager Lovell stated the Chief of Police will reorganize the Department and address the concerns. The Council was satisfied with Manager Lovell’s decision.

Property Acquisitions

Released May 1, 2008

Political Litigation

Released May 1, 2008

_________________________
Donna Marie Luciani
Township Clerk