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Township of Randolph
502 Millbrook Ave.
Randolph, NJ 07869-3799
Tel: 973.989.7100
Fax: 973.989.7076

Township Council » Meetings » Minutes: May 5, 2011

Minutes: May 5, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. 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 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 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 December 16, 2010.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

PROCLAMATION—Celebrating America’s Treasures

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, “Celebrating America’s Treasures” is the theme for National Preservation Month 2011, co-sponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

NOW, THEREFORE, I, Trina Ruane Mitsch, Mayor of Randolph, do proclaim May 2011 as National Preservation Month and call upon the people of Randolph to join their fellow citizens across the United States in spreading the word that we shall all protect the places that tell our nation’s and our town’s story.

Deputy Mayor Guadagno will present the proclamation to the Landmarks Committee.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, provided the Council with another article regarding the effectiveness of no-smoking programs and once again urged the Council to adopt an ordinance prohibiting smoking on public property, particularly when children are present. Mrs. Stewart stated that, if the Council does not draft such an ordinance, she will begin the process of circulating a petition to bring about a no-smoking ordinance.

Dennis Calabro, 8 Ironia Mendham Road in Chester, noted a concern raised regarding a possible zoning violation at the Pizza Pub and their use of an outdoor patio. The issue was raised in December 2010 with the Zoning Officer and, to date, there has not been any response from her as to whether or not their concern is valid. Mr. Calabro asked the Council for some assistance in obtaining a response.

Manager Lovell responded that the issue came to his attention a couple of weeks ago and is on the Executive Session agenda for discussion this evening because it deals with legal issues and the Council will be seeking legal advice. As background, there was a Planning Board action in 1996, however it is not known whether or not that makes the use a legitimate today.

Mr. Calabro asked if neighbors would typically have been notified in 1996 if a variance had been granted by the Planning Board.

Manager Lovell responded that typically if an application is made to the Board, neighbors are notified.

Mr. Calabro asked why there has not been any response by the Zoning Officer in regard to his concerns.

Manager Lovell responded that he can not explain that except to say that typically questions regarding violations are stayed when an applicant is in front of a board. He noted that he was not aware of the issue until very recently and has learned a lot while researching the issue in the last several days.

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

COUNCIL AND MANAGER REPORTS

Councilman MacArthur reported that the annual Fishing Derby sponsored by the Kiwanis will occur on May 7. The League of Municipalities has invited mayors and mayors’ designees on a tour of the PSE&G nuclear plant in Salem, New Jersey, on May 24. The Councilman asked to be appointed by Mayor Mitsch to attend this tour.

Deputy Mayor Guadagno indicated his interest in attending the tour as well.

Councilman Algeier distributed to the Council and Clerk an article from the Wall Street Journal entitled “If Supermarkets Were Like Public Schools” and noted that the article was filled with creative writing and creative ideas. While the Councilman is not proposing that supermarkets be operated like schools or that schools be operated like supermarkets, he did appreciate some interesting analogies in the article.

Mayor Mitsch reported that High School Career Day, sponsored by the Economic Development Committee, took place on April 14 with over 100 students visiting 25 local businesses. The EDC will hold the next High School Career Day in October following the rationale that in the fall the students are more focused and that April is getting too close to the end of the school year. The first Fifth Friday took place recently at La Strada Restaurant with several local businesses, Council members, and staff attending. The next Fifth Friday will be in September. Mayor Mitsch noted that, at a recent Morris County Chamber of Commerce event, Lt. Governor Kim Guadagno provided her cell phone number to those in attendance, which has proven to be very effective in a recent situation with a local developer getting a response from the NJ DEP.

Manager Lovell reported that the Morris Township Committee has accepted Randolph’s concept for the development of the Butterworth Interceptor sewer alignment on Sussex Turnpike. Throughout the process, Manager Lovell will keep the lines of communication open with Morris Township. The Manager attended a recent function at St. Andrews Greek Orthodox Church honoring the priest who has served there since 1962 until he retired a couple of years ago, and a new gym was dedicated as well.

Deputy Mayor Guadagno asked about a recent disturbance at the Aashirwad Palace.

Manager Lovell responded that some patrons of the restaurant were in the parking lot when some individuals from surrounding towns arrived, an argument ensued, and a man was slashed along the back of his neck. The owners of Aashirwad Palace saw the disturbance and called the police, who quickly arrived on the scene. An investigation is on-going at this time.

ORDINANCES

A. Second Reading and Public Hearing

1. Ordinance #06-11: Fee Schedule

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this fee schedule deals with a variety of fees for activities and services provided in Randolph Township. Randolph has been aggressive in recent years trying to keep fees current as a way of generating revenue to off-set costs, and there appears to be no decrease in participation as a result of those increases. There is flexibility shown in many of the fees for recreation programs.

The Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, pointed out several fees pertaining to Randolph Lake and park pavilion fees that are unfair or illogical in her opinion and asked that the Council re-examine those fees.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 Obremski stated that he believes the fees listed in the proposed ordinance for Randolph Park and park pavilions are existing fees and were not changed with this ordinance.

Mrs. Luciani stated that Councilman Obremski is correct.

Councilman Obremski made a motion to adopt the ordinance. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

2. Ordinance #07-11: Fees for Signs and Banner Permits

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.1, APPLICATION AND REVIEW FEES, AND SECTION 15-43.11(G)(8), FEES FOR A TEMPORARY SIGN/BANNER PERMIT, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO INCREASE CERTAIN APPLICATION AND REVIEW FEES AND TO DECREASE THE FEES FOR A TEMPORARY SIGN/BANNER PERMIT” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance deals with land use fees for various applications and zoning permits. These fees will help generate revenue to off-set the cost of operations.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.1, APPLICATION AND REVIEW FEES, AND SECTION 15-43.11(G)(8), FEES FOR A TEMPORARY SIGN/BANNER PERMIT, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO INCREASE CERTAIN APPLICATION AND REVIEW FEES AND TO DECREASE THE FEES FOR A TEMPORARY SIGN/BANNER PERMIT” 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 MacArthur asked about the rationale for eliminating the part of the fee that was at risk whereby the new structure would eliminate the at risk part and raise the non-refundable fee to $75.00.

Manager Lovell responded that the inefficiencies of processing the repayment made the policy less than beneficial. It costs approximately $30.00 for the town to issue a $100.00 refund. The staff believes it makes more sense to issue a violation notice.

Councilman MacArthur asked how many people did not collect their $100.00 refund in the last year.

Manager Lovell responded that is not something that happens very often. Typically the people who obtain permits are good about removing banners. Those individuals who do not bother obtaining permits are more problematic.

Councilman Algeier noted that he will vote in favor of the ordinance, however he likes the non-refundable aspect of the current ordinance. He believes that people remove their banners on time because they know they will receive a $100.00 refund. The Councilman stated that it is unfortunate that it costs the organization so much to cut a refund check. Councilman Algeier would like to revisit the issue in a year to see if there is an increase in violations this year.

Deputy Mayor Guadagno made a motion to adopt the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier Councilman Loveys Councilman MacArthur Councilman Obremski Deputy Mayor Guadagno Mayor Mitsch

NAYS: Councilman Napoliello

B. Introduction

1. Residential Development Fees for Low and Moderate Income Housing

Councilman Lovell stated that this ordinance deals with residential development fees for low and moderate income housing. The residential fee will be set at 1.5 percent and the commercial fee will be set at 2.5 percent for new construction in Randolph Township. These development fees are set aside to assist Randolph in meeting the commitment for affordable housing.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.3, RESIDENTIAL DEVELOPMENT FEES FOR LOW AND MODERATE INCOME HOUSING, OF ARTICLE VI, ADMINISTRATION, ENFORCEMENT AND FEES, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced and 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 2nd of June, 2011, at 8:00 p.m. 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 or by summary with the Notice of Introduction thereof in the official designated newspaper according to law.

Councilman MacArthur asked for clarification that a separate housing trust fund was not being created with the introduction and adoption of this ordinance.

Ms. Gallo responded that Randolph already has an affordable housing trust. This ordinance contains language required by COAH.

Councilman MacArthur noted that the ordinance reads as though there are fairly significant restrictions in how Randolph uses the funds that are collected.

Manager Lovell responded that the funds are very much restricted and that COAH must grant approval whenever funds are used.

Councilman Obremski made a motion to introduce the ordinance. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

2. Bond Ordinance in the Amount of $874,000.00 Funding the 2011 Road Overlay Program and Equipment Acquisition

Manager Lovell stated that this ordinance puts into play a section of the Capital Improvement Program dealing with road overlays and equipment purchases. The total value of the ordinance is $874,000.00 and calls for $462,000.00 in cash and issuing bonds for $412,000.00. Total debt at this time, including this additional $412,000.00, is approximately $20 million, or 12.3 percent of Randolph’s debt ceiling.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $874,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $412,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced and read by title by the Township Clerk and passed on first reading.

Deputy Mayor Guadagno noted that his street is one of those listed to be repaved and asked if he should recuse himself from voting on the ordinance.

Mr. Buzak responded that if the Deputy Mayor is uncomfortable voting for this ordinance in any way, there would be no problem with recusing himself. However, the determination as to which streets are going to be included on the road overlay program are staff decisions. The entire list is included in the ordinance and there is no debate for each individual road listed. Mr. Buzak does not see a conflict whereby the Deputy Mayor would be required to recuse himself.

Councilman Algeier noted that the problem with Council members recusing themselves on minor issues is that it lowers the bar on when recusal should take place and puts the individual in a situation where they could be criticized. The Deputy Mayor is not profiting from the repaving of his road and there is no ethics violation.

Deputy Mayor Guadagno stated that since he did not have anything to do with the creation of the road overlay list, he does not feel he has an obligation to abstain on it.

Manager Lovell reiterated that the road overlay list is created by township staff based upon an assessment of all of the roads in town. There was no discussion with members of the Council. The list comprises the best recommendations of the staff.

Councilman Obremski made a motion to introduce the ordinance. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

3. Capital Ordinance in the Amount of $382,700.00 Funding the Route 10/Mt. Pleasant Waterline Replacement, Equipment Acquisitions, Financial System Acquisition, Parks/Trails Improvements, and the Cohn Farm Remediation Project

Manager Lovell noted that this ordinance will put into motion a major portion of the capital improvement program for 2011. It deals with a variety of functions that support our day-to-day operations.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP PROVIDING FOR VARIOUS 2011 CAPITAL IMPROVEMENTS APPROPRIATING $382,700.00 THEREFORE, INCLUDING $195,700.00 FROM THE CAPITAL IMPROVEMENT FUND, $164,000.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND, AND $23,000.00 FROM CAPITAL SURPLUS” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman Loveys asked why funds for Public Works are listed separately in both ordinances.

Manager Lovell responded that some vehicles have a bonded life, which were placed in one ordinance, and the other vehicles are cash items.

Councilman Napoliello made a motion to introduce the ordinance. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

4. Amend Sussex Turnpike Sewer Improvement Adding $200,000.00 for a New Total of $800,000.00

Manager Lovell reported that this project is going out to re-bid with options for both a daytime operation or a night time operation. This amendment will put the Township in a position where, because of the timing of this project in June, there will not be a shortfall and the project can move forward.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 11-10 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $200,000.00, THEREFORE, INCLUDING $100,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $100,000.00 FROM CAPITAL SURPLUS FOR MT. FREEDOM/SUSSEX TURNPIKE SEWERS” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman MacArthur asked about the source of the additional funds.

Manager Lovell responded that the additional money is from the sewer fund, not general capital. The sewer fund is at a very healthy level at this time and this project can be paid for in cash.

Councilman MacArthur asked why two separate sewer funds are being used.

Manager Lovell responded that money is sitting in the capital account so that is being used for this project. The balance is being taken out of surplus.

Deputy Mayor Guadagno made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

5. Amend Salary and Wage Ordinance

Manager Lovell stated that there are several modifications to the salary and wage ordinance, including:

Creation of the title of Assistant Director of Parks, Recreation and Community Services
Elimination of the title of Recreation Superintendent
Creation of the title of Police Administrative Services Supervisor
One Sergeant position will remain vacant
Creation of Police Services Coordinator
Creation of an Information Systems and Training Coordinator
Elimination of Police Telecommunicator 1, Police Services Coordinator, Police Telecommunicator 2, and Police Dispatcher (part time)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 ENTITLED ’AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’ SUBSEQUENTLY AMENDED BY ORDINANCE NO. 27-09 AND ORDINANCE NO. 23-10” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman Obremski made a motion to introduce the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

COMBINED ACTION ITEMS

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

A. Refund/Adjustment Resolutions

(1) Release Escrow for Block 42.05, Lot 8, 18 Georgian Road, to Wendy Otsubo—$797.50

R-113-11

WHEREAS, the Planning and Zoning Department received escrow funds from Wendy Otsubo, Block 42.05, Lot 8; 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, that the remaining escrow funds of $797.50 be refunded to Wendy Otsubo, 18 Georgian Road, Randolph, NJ.

(2) Refund Outside Tax Sale for 284 Center Grove Road to Jonathan Katz—$62,521.24

R-114-11

WHEREAS, Outside Tax Sale Certificate #1931 held by Jonathan Katz , assessed to Maino/Mc Mullen, Block 81.03, Lot 12, 284 Center Grove Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $62,521.24.

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 $62,521.24 to Jonathan Katz, holder of Tax Sale Certificate #1931.

(3) Refund Portion of Day Camp Registration Fee to Paul and Donna Plaskon—$1,290.00

R-115-11

WHEREAS, Paul and Donna Plaskon registered their children for Day Camp and paid the fee of $1,290.00; and

WHEREAS, their children will not be attending the Day Camp due to their acceptance to another program for the summer.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services, that $1,090.00 be refunded to Paul and Donna Plaskon, 91 Doby Road, Mendham, NJ 07945.

(4) Refund Overpayment of Taxes for Block 199, Lot 46.12, to Peter and Mariella Rizzolo—$7,521.59

R-116-11

WHEREAS, Peter and Mariella Rizzolo have been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 199, Lot 46.12, known as 8 Red Oak Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $7,521.59; 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 $7,521.59 to Peter and Mariella Rizzolo.

(5) Refund Registration Fee for 2011 Day Camp to Gina Logrande—$545.00

R-117-11

WHEREAS, Gina Logrande registered her child for the 2011 Day Camp and paid the fee of $645.00; and

WHEREAS, her child will not be attending the Day Camp due to the family relocating.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services, that $545.00 be refunded to Gina Logrande, 17 David Drive, Randolph, NJ 07869.

(6) Refund Registration Fee for 2011 Day Camp to Andrea Carlucci—$1,290.00

R-118-11

WHEREAS, Andrea Carlucci registered her children for the 2011 Day Camp and paid the fee of $1,290.00; and

WHEREAS, her children will not be attending the Day Camp due to the family’s current financial status.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services, that $1,265.00 be refunded to Andrea Carlucci, 9 Sparrow Road, Randolph, NJ 07869.

(7) Refund Registration Fee for 2011 Day Camp to Corey Grushin—$645.00

R-119-11

WHEREAS, Corey Grushin registered his child for the 2011 Day Camp and paid the fee of $645.00; and

WHEREAS, his child will not be attending the Day Camp due to a family conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services, that $545.00 be refunded to Corey Grushin, 42 High Avenue, Randolph, NJ 07869.

(8) Refund Registration Fee for 2011 Day Camp to Donna Zolla—$800.00

R-120-11

WHEREAS, Donna Zolla registered her child for the 2011 Teen Camp and paid the fee of $800.00; and

WHEREAS, her child will not be attending the Teen Camp due to a family conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services, that $800.00 be refunded to Donna Zolla, 50 Longview Avenue, Randolph, NJ 07869.

B. Amending 2011 Capital Budget for Purchase of Various Capital Improvements

R-121-11

WHEREAS, the Township of Randolph desires to amend the 2011 Capital Budget of the Township of Randolph by inserting therein the Purchase of Various Capital Improvements.

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

Project	Estimated Cost	Capital Improvement Fund	General Bonds
No. 1 2011 Capital Budget Amendment Township of Randolph County of Morris, New Jersey
2011 Road Overlay Program	$700,000.00	$433,000.00	$267,000.00
The Replacement of Pick-Up Trucks and a Mason Dump Truck for the Department of Public Works	$174,000.00	$29,000.00	$145,000.00

C. Authorizing Randolph’s Payment Portion of the Morris County Adaptive Recreation Program (McARP)—$3,259.00

R-122-11

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McArp); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $3,259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of Randolph Township as follows:

That Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McArp) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

D. Authorize Shared Services Agreement With the Board of Education—Public Works Vehicle Maintenance Building

R-123-11

WHEREAS, Randolph Township wishes to enter into a Shared Services Agreement with the Randolph Township Board of Education for the construction and operation of a public works vehicle maintenance garage; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Shared Services Agreement with the Randolph Township Board of Education.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the agreement.

E. Authorize Rescission of MCCPC Contract 11 (Motor Oils) With NJ Lube Oil, LLC

R-124-11

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on November 30, 2010, with New Jersey Lube Oil, d/b/a G.H. Berlin Lube Oil for Categories A, D, F and G of 2011 MCCPC Contract #11 (Motor Oils) for contract period January 1, 2011—December 31, 2011; and

(20 Items): Category A: Motor Oil API Series, CE, CD, CD
(5 Items): Category D: Gear Lubricant API Series
(4 Items): Category F: Hydraulic Oil
(6 Items): Category G: Transmission Fluid

WHEREAS, New Jersey Lube Oil notified the MCCPC that they are unable to provide the motor oil products in Categories A, D, F and G at the bid price they were awarded for the duration of the contract period expiring December 31, 2011, due to price increases in the current lubricant market; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind the entire contract award of New Jersey Lube.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that New Jersey Lube Oil, /d/b/a G.H. Berlin Lube Oil’s contract for Categories A, D, F and G of MCCPC Contract #11 (Motor Oils) be rescinded and the categories be re-bid in the near future.

F. Extend Contract for Electrical Sub-Code Inspection Services With Building Inspection Underwriters, Inc.

R-125-11

WHEREAS, bids were received on April 28, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, the contract was awarded to Building Inspection Underwriters, Inc., Berlin, New Jersey, at a total of seventy-five percent (75%) of sub-code inspection fees for all three years; and

WHEREAS, the contract was awarded for a one-year period from June 1, 2010, through May 31, 2011, with the option to extend for two one-year periods ending May 31, 2013; and

WHEREAS, the Township decided to extend the contract for one year from June 1, 2011, through May 31, 2012, with the option to extend for one additional year ending May 31, 2013.

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 Building Inspection Underwriters, Inc., Berlin, New Jersey, for Electrical Sub-code Inspection Services, for a one-year contract from June 1, 2011, through May 31, 2012, with the option to extend for one additional year ending May 31, 2013.

G. Authorize Removal of Abandoned Vehicles and Scrap Metal at Cohn Farm, 167 Center Grove Road—Raimo of Stanhope, Inc.—No Charge

R-126-11

WHEREAS, there are abandoned vehicles and scrap metal on Township property located at 167 Center Grove Road; and

WHEREAS, the Township received two proposals for removal; one from RAW of Kenvil for $1,600.00 and the second from Raimo of Stanhope for no charge; and

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Township of Randolph that authorization has been given for Raimo of Stanhope, Inc. to perform the removal.

H. Amending Professional Services Agreement for Additional $15,000.00 With Fredric Knapp, Esq., for Legal Services for Labor and Negotiations—Not to Exceed $55,000.00

R-127-11

WHEREAS, an agreement was a awarded to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC on January 18, 2011, for Labor and Negotiations and Addendum I was issued on February 15, 2011; and

WHEREAS, the original agreement was in the amount of $10,000.00, Addendum I was $20,000.00 and an additional $15,000.00 is needed; and

WHEREAS, the total of this contract with Amendment II will not exceed $45,000.00; and

WHEREAS, funds are available for this purpose.

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend this contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 5, 2011

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 2011 Budget, Legal, Other Expense, to amend the contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, in the amount not to exceed $25,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

DISCUSSION ITEMS

A. Highlands Conformance Process

Manager Lovell reiterated to the Council that a decision needs to be forthcoming regarding this issue, and that decision should create the least liability for the town. Randolph is currently a blank page for wastewater management in the state, which will likely be a significant problem with the NJ DEP. However, Randolph may be facing some very real liabilities if the growth share decision should go heavily against municipalities.

Mr. Buzak’s comments included the following:

The overall strategy with regard to Highlands and COAH was to maximize options until the Legislature acted on amendments to the Fair Housing Act and/or the court acted on legislation that challenged the growth share regulations
In order to maximize those options, Randolph continued down the path of opting in to the Highlands because of the reduced number of COAH obligations generated by Highlands which is required to be accepted by COAH
Obligations under COAH would have been 370 units, under Highlands obligations would have been 87, and obligations determined by our Planner would have been 143
The Legislature had adopted a revised Fair Housing Act which the Governor vetoed—the Governor proposed changes that would have reduced the obligations—the Legislature failed to concur with the Governor’s initial veto, and as a result, the bill died
In the meantime, the Appellate Division largely invalidated the regulations that had been adopted by COAH that reduced the 370 unit number, and that determination has been appealed to the Supreme Court
The Supreme Court accepted certification a short time ago and will be scheduling oral arguments
What is not known is how the Supreme Court will rule if the Legislature does not move forward
There does not seem to be any indication that the Legislature will be moving forward on any revised fair housing bill at this time
One new judge will be appointed to the Supreme Court as of August 1
While there is speculation that the Governor is looking to change the complexion of the Supreme Court, the position he will be filling is currently held by a conservative judge and, therefore, if this case comes before the Supreme Court by the fall term, it will essentially be the old Supreme Court hearing the case and they tended to be pro-Mt. Laurel
It is doubtful that a Supreme Court determination will in any way reduce the COAH numbers, and those numbers may rise
If Randolph’s goal is to continue to maximize options, it seems to make sense to continue to pursue opting into the Highlands
While Randolph must comply for the preservation areas, the majority of the town lies in the planning area and any decision in good faith that the Council may make to opt in the planning area is not irrevocable
The Township Attorney clarified for the record that Randolph should not opt in simply to use it to our advantage
Land development regulations that will need to be adopted for the planning area will not have to be as stringent as the regulations in the preservation area
Highlands advised that it would be likely development could occur along the Route 10 corridor and in other areas
The counties in the state have become designated wastewater management planning agencies to develop wastewater management plans for sewer and septic systems for the municipalities in each county
Morris County has taken the position that they will not prepare wastewater management plans for municipalities that have opted in to Highlands since the Highlands has said they will prepare the plans for municipalities who opt in
One concern of opting in to the Highlands is that the County may only consider RVRSA capacity for those counties not in the Highlands plan
The statute, however, makes it clear that the Highlands is the wastewater management planning agency for those municipalities that opt in and the Highlands must be at the same level as the county with regard to sewerage allocation
Also, the ultimate entity that approves the wastewater management plan for the county is the DEP
The DEP is the entity that administers regulations for the Highlands and it is unlikely the DEP would approve a wastewater management plan for the county if the county plan excluded towns that are in the Highlands from obtaining any sewerage gallons from the RVRSA
He believes that opting in to the Highlands will not jeopardize the Township’s ability to obtain its fair share of sewerage allocation from the RVRSA and it seems to make sense to continue with plans to opt in to the Highlands and get our wastewater management plan through them
The Highlands has indicated they can begin on the wastewater management plan as soon as the Council makes a decision to opt in whereas the County would likely take much longer to develop a plan for Randolph

Questions and comments from the Council included the following:

If Randolph gets the wastewater management plan through the Highlands, would Randolph then not be a part of the County plan? (Randolph will become part of the plan when it goes to the DEP—the county plan will show Randolph as a blank page and the Highlands plan will be inserted into that slot)
Is Randolph’s current posture with regard to wastewater management in a bad position now because we are not being included in either the County or Highlands plan? (yes)
What about the Butterworth plant? (Butterworth already has one of the few approved wastewater management plans in the state, therefore a small section of Randolph is already included in that plan)
The RVRSA is reaching its limits—will other towns in the county plan have a higher priority than those towns that opt in to the Highlands plan? (the RVRSA handles gallonage requests on a first come, first served basis until they run out)
Will the RVRSA allocate their available gallonage to municipalities in the county plan and municipalities in the Highlands plan (the County plan will allocate gallonage to municipalities based upon their developable land and build out potential—Randolph received assurance the DEP will re-allocate the gallonage if necessary—the municipalities that have opted into the Highlands plan can not be put in a less favorable position due to exercising statutory rights under the law)
Since Butterworth has an approved wastewater management plan involving a small section of Randolph in the Mt. Freedom area, does this discussion impact that part of town? (no)
Is there any impact to the issue of a potential sewer line down Sussex Turnpike? (no)
If there are delays in going with either the County or the Highlands, will that impact the project to get the sewer line complete before the County re-paves Sussex Turnpike? (no, the project is for a section of town that is served by the Butterworth sewer plant that has an approved wastewater management plan—projects along the Route 10 corridor will be impacted because that area of Randolph is served by the RVRSA)
It really doesn’t matter if one entity gets their wastewater management plan completed first because the state is not going to make any final decisions on Morris County until all of the municipalities have been done—the County will likely have to develop plans for approximately 30 counties and that may take quite a while to complete—the Highlands may submit their plans to the state for each town that has opted in as that plan is finished
It is not known at this time the level of professionalism or experience the Highlands has in preparing these plans (a number of Highlands staff are former DEP employees—the Township Manager and staff will have to be vigilant to ensure the plan is prepared properly)
The Highlands has now indicated a willingness to consider input from municipalities regarding growth centers, which differs greatly from a couple of years ago
The change in attitude from the Highlands may come from the belief that they could be out of a job if they don’t become more town-friendly
If Randolph decides to go with Highlands, there should be written documentation of everything that has been promised by them
One major advantage to going with the Highlands is the protection from builders remedy suits
Will there be restrictions in the preservation area regardless of whether or not Randolph opts in to the Highlands (yes)
What would restrictions be like for individual property owners in the planning area (existing lots owned by the existing owner will not be impacted until sold—otherwise there are two general limitations whereby you can not create more than 1/4 acre of impervious area and you can not disturb more than one acre of the property)
Will the sewer line being installed on Sussex Turnpike be able to handle capacity? (yes, however there may be a time when upgrades are made to the existing pipe that will stay in place at this time)
What happens if the County College of Morris decides to build a new building? (there is likely an exemption for higher education facilities—the college would still have to deal with permitting through the DEP)
The Highlands plan allows Randolph to build in certain corridors
Are potential limitations to development associated with opting into Highlands outweighed by the reduction of COAH risks and better chances of increased sewer capacity? (it’s a fair statement in regard to COAH, however going with Highlands may not necessarily put Randolph in an enhanced position with regard to sewer capacity)
Highlands is not the only answer for Randolph with regard to sewers, however going forward with Morris County’s wastewater management plan does nothing with regard to COAH risks
Some members of the Council are not entirely comfortable with government bureaucrats because they do change hats sometimes and different people may occupy those positions in the future
Has the water side of this issue been addressed? (the Morris County MUA is in limbo until the Executive Order issued by former Governor Corzine regarding scarce resources has been modified)

Councilman Algeier asked about the possibility of getting something in writing from the Highlands clarifying that the Township can pull out of the plan at any time with signatures by the chairman based upon a resolution by the Commission.

Manager Lovell responded that he believes that is achievable.

Council indicated agreement to proceed with opting in to the Highlands plan.

Mayor Mitsch asked what the next step would be in the process and how quickly Randolph needs to act.

Mr. Buzak responded that he will talk to the Highlands and try to obtain the signed documentation requested by the Council so that Council has a strong level of comfort before proceeding. If the Council decides to move forward, the Council must send a letter to the Highlands clarifying that the opt-in resolution from 2009 was for the planning area.

COMMITTEE APPOINTMENTS

Councilman Napoliello nominated Lance Tkacs as Alternate #1 on the EDC and Peter Kenny as Alternate #2 on the EDC. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

Councilman Algeier nominated Michael Markoff as a member to the Recreation Committee.

Councilman Algeier noted that Dr. Markoff is currently serving as a member on the Landmarks Committee. The Councilman asked that Dr. Markoff be given the option to either resign or remain on Landmarks as he takes on membership to the Recreation Committee.

Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello stated that he received a letter from a resident asking if the shingles immunizations were still available.

Manager Lovell responded that he will check and get back to the Council.

Councilman MacArthur stated that he has been considering the issue of an ordinance prohibiting smoking on all public property, including at outdoor parks that has been repeatedly requested by Mrs. Stewart. The Councilman lost his mother recently after a long and painful battle with cancer. Councilman MacArthur made his abhorrence of cigarettes known, however he stated that he does not favor nanny-type regulations that infringe on an individual’s right to make a legal choice or to regulate an individual’s behavior in that way.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked that the Council read the article about smoking that she provided earlier in the meeting. Regarding Councilman Obremski’s comment that the fee ordinance did not make any changes to the fees she cited, she believes that, since she raised her concerns when changes to other fees were proposed, there was an opportunity to change those fees at that time as well.

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

EXECUTIVE SESSION

Manager Lovell introduced Fred Semrau, Randolph’s new tax appeal attorney.

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. Tax Appeals—Fred Semrau and Barbara Gothie
B. Pizza Pub Approval

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.

Deputy Mayor Guadagno made a motion to move into Executive Session at 9:50 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

Councilman Obremski made a motion to return to Open Session at 11:20 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

Councilman Obremski made a motion to approve the tax appeal settlement discussed in Executive Session. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

Tax Appeal Resolution—Randolph Hamiltonian Apartments/Legow v. Township of Randolph

R-128-11

WHEREAS, Randolph Hamiltonian Apartments/Legow (the “property owner”), the owner of the property located at Block 77, Lot 32, on the official tax maps of the Township of Randolph, also known as 100 Center Grove 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 years 2009, 2010, and 2011; and

WHEREAS, the current assessment for 2009 through 2011 is listed at $9,000,000.00 and remits annual taxes in the amount of $270,000.00, totaling approximately $810,000.00 for the three years in question; and

WHEREAS, the current property owner and the Township have agreed to a reduction of the 2009 through 2011 tax years, as such, the assessment will be $9,000,000.00 for 2009; $7,643,730.00 for 2010, and $7,032,250.00 for 2011; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of the Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, be settled pursuant to the terms set forth herein.

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 32, on the official tax maps of the Township of Randolph shall remain for tax year 2009 from a total assessment of $9,000,000.00 to a total assessment of $9,000,000.00.

2. The tax assessment on the subject property, located at Block 77, Lot 32, on the official tax maps of the Township of Randolph shall be reduced for tax year 2010 from a total assessment of $9,000,000.00 to a total assessment of $7,643,730.00.

3. The tax assessment on the subject property, located at Block 77, Lot 32, on the official tax maps of the Township of Randolph shall be reduced for tax year 2011 from a total assessment of $9,000,000.00 to a total assessment of $7,032,250.00.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due which is approximately $100,726.00 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2009, 2010, and 2011 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 11:23 p.m.

________________________________
Donna Marie Luciani
Township Clerk