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 Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
Also Present: Township Manager John Lovell and Kelli Gallo from the Law Offices of Edward J. Buzak
Mayor Mitsch led the Pledge of Allegiance.
Judith Stewart, 114 Everdale Road, noted that the Back to School Night for the Middle School scheduled for October 4 will begin at 6:30 p.m. which could create parking problems at the Municipal Building.
Maria Martorana, 1 Wilkeshire Boulevard, thanked the Township Manager for relaxing the rules for garbage collection in town after Hurricane Irene to allow residents to discard of items damaged in the storm.
Seeing no one further from the public, the public portion was closed.
Councilman MacArthur’s report included the following:
Councilman Lovey’s report included the following:
Deputy Mayor Guadagno attended the state dedication of the 9/11 Memorial and suggested people visit the site. The RVRSA Sewer Commission reported $4 million in damages due to Hurricane Irene. The $4 million does not cover the $1 million it will cost to keep the plant running.
Councilman Loveys nominated Mark Forstenhausler as a regular member of the Board of Adjustment filling the seat vacated by Joanne Veech.
Councilman Loveys nominated Jonathan Gold to be moved to the Alternate #1 position on the Board of Adjustment.
Councilman MacArthur nominated Chris Carey as Alternate #2 on the Board of Adjustment and as a regular member of the Recreation Committee to fill the seats vacated by Joanne Veech.
Deputy Mayor Guadagno seconded the above nominations, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
NAYS: None
Councilman Napoliello nominated Alex Cohen as Alternate #2 on the Environmental Commission.
Councilwoman Veech nominated Alex Cohen as a regular member of the Community Services Advisory Committee.
Councilman Loveys seconded the above nominations, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
NAYS: None
Mayor Mitsch reported that the Economic Development Committee is hosting another Fifth Friday event at the Black River Barn on September 30 from 5:00 p.m. to 7:00 p.m. The Mayor asked the other Council members to attend if possible and to spread the word to local businesses.
Manager Lovell asked that Council members planning to attend Fifth Friday RSVP to his office.
Mayor Mitsch reported that the staff at the Library is having difficulty parking and getting into the building due to the construction that is taking place there. The Manager will work with the DPW to try to improve that situation. Mayor Mitsch asked if Randolph will qualify for federal disaster aid for damage from Hurricane Irene.
Manager Lovell responded that the Township will be applying for reimbursement for some overtime costs, fuel costs, and things of that nature. Residents who were impacted do qualify for aid and can find information on the Township’s web site.
Mayor Mitsch thanked the Manager for organizing the 9/11 ceremony at Town Hall and thanked Lt. Giuliani, Rescue Squad President Bill Stroh, and Fire Chief John Mc Andrew for sharing their experiences of 9/11. The Mayor also thanked the Manager for his efforts on behalf of the Township in advance of Hurricane Irene and she thanked the volunteers and staff who worked tirelessly throughout the storm and in the days afterward to assist residents in need and to make sure the infrastructure remained operational.
Councilman MacArthur asked the reporter present if information regarding federal and state aid for damage resulting from the hurricane could be printed in the newspaper to alert the residents to the help that is available.
Manager Lovell’s report included the following:
The Council advised the Manager that the 7th Day Adventists be recognized at the annual Volunteer Appreciation Night scheduled for December 1 at 6:00 p.m.
Councilman Napoliello made a motion to approve the Combined Action Items. Councilman Obremski seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
NAYS: None
R-237-11
WHEREAS, Center Grove Village has been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 77, Lot 32, known as 100 Center Grove Road; and
WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $43,727.11; 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 $43,727.11 to Center Grove Village .
R-238-11
WHEREAS, Block 146, Lot 38, is assessed in the 2011 Tax List for a total of $305,900.00; and
WHEREAS, the property owner was deemed permanently 100% disabled by the Veteran’s Administration in 2011. The taxpayer made application on September 6, 2011, resulting in a tax-exempt status for 2011.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 146, Lot 38, for the 2011 tax year.
R-239-11
WHEREAS, the Planning and Zoning Department received escrow funds from Indoor Sports Pavilion, LLC, Block 120, Lot 3, in the amount of $8,500.00; and
WHEREAS, the project has been withdrawn 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 in the amount of $202.40 plus interest be refunded to Indoor Sports Pavilion, LLC, 16 West Hanover Avenue, Randolph, New Jersey 07869.
R-240-11
WHEREAS, Robert and Cheryl Tal have overpaid 2011 taxes in the amount of $2,110.21 on Block 54, Lot 4.01, 24 Center Road; and
WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,110.21 to Robert and Cheryl Tal.
R-241-11
WHEREAS, the Engineering Department has received a request from John Klatte for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 40 Church Road, Randolph; and
WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on July 28, 2011; and
WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 40 Church Road within the Township right-of-way; and
WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to John Klatte, 40 Church Road, Randolph, New Jersey 07869.
R-242-11
WHEREAS, the Engineering Department has received a request from Don Mangione for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 3 Powder Horn Terrace, Randolph; and
WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on August 4, 2011; and
WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 3 Powder Horn Terrace within the Township right-of-way; and
WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Don Mangione, 3 Powder Horn Terrace, Randolph, New Jersey 07869.
R-243-11
WHEREAS, William and Maureen Craven have overpaid 2011 taxes by reason of tax exempt Veteran in the amount of $5,610.88 on Block 60, Lot 11, 37 Treaty Road; and
WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,610.88 to William and Maureen Craven.
R-244-11
WHEREAS, the Planning and Zoning Department received escrow funds from Villa Viola, LLC, t/a Millbrook Pub 339, Block 112, Lot 15, in the amount of $1,000.00; and
WHEREAS, the project has been withdrawn 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 in the amount of $1,000.00 be refunded to Villa Viola, LLC, t/a Millbrook Pub 399, c/o Heymann & Fletcher, 1201 Sussex Turnpike, PO Box 518, Mt. Freedom, New Jersey 07970.
R-245-11
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of Spring Contract #35 (Light Bulbs) to the second low bidder (Turtle & Hughes, Incorporated) for a ten (10) month contract (September 1, 2012 - June 30, 2012); and
WHEREAS, bids have been advertised and received on September 14, 2011, in accordance with the “Local Public Contracts Law”; and
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that the second low bidder (Turtle & Hughes, Inc.) be awarded the contract for meeting the guidelines of the bid specifications; and
WHEREAS, the true low bidder (Jewel Electric & Supply Company) was automatically disqualified due to the required form “Acknowledgement of Revisions & Notices” included in the bid specifications was not completed/executed.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to the second low bidder (Turtle & Hughes, Incorporated) for a ten (10) month contract beginning September 1, 2011, to June 30, 2012.
R-246-11
WHEREAS, the Building Department received permit fees from Danielle Ager for a construction project at 8 Southview Road in the amount of $474.00; and
WHEREAS, the project has been cancelled by the homeowner.
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 Frank Howard, Construction Official, that a refund in the amount of $369.00 ($474.00 less administrative fees) be given to Danielle Ager, 8 Southview Road, Randolph, New Jersey 07869.
R-247-11
WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2011 Budget; and
WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.
SECTION 1
NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $55,699.36 which item is now available as revenue from:
Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Recycling Tonnage Grant
SECTION II
BE IT FURTHER RESOLVED that a like sum of $55,699.36 and the same is hereby appropriated under the caption:
General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Recycling Tonnage Grant
R-248-11
WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2011 Budget; and
WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.
SECTION 1
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $44,962.03 which item is now available as revenue from:
Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Clean Communities Program
SECTION II
BE IT FURTHER RESOLVED that a like sum of $44,962.03 and the same is hereby appropriated under the caption:
General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Clean Communities Program
R-249-11
WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2011 Budget; and
WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.
SECTION 1
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $25,000.00 which item is now available as revenue from:
Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: New Jersey Health Officers Association—Pandemic Exercise Grant
SECTION II
BE IT FURTHER RESOLVED, that a like sum of $25,000.00 and the same is hereby appropriated under the caption:
General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: New Jersey Health Officers Association—Pandemic Exercise Grant
Manager Lovell stated that Council meetings have traditionally started at 8:00 p.m. because members often had earlier conflicts. Recently discussions began on whether those conflicts still exist and to see if there was any interest in moving the start time to 7:00 p.m. for future meetings.
Deputy Mayor Guadagno noted that all of the other boards and committees that meet during the evening have already moved their start times to either 7:00 p.m. or 7:30 p.m.
The Council agreed to change the start time to 7:00 p.m. and noted that if problems arise, the issue can be readdressed.
Councilman MacArthur made a motion to change the start time for future Council Meetings from 8:00 p.m. to 7:00 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
NAYS: None
Deputy Mayor Guadagno asked if it would be possible to hold the Executive Session before the regular meeting.
Councilman Obremski responded that often the Executive may not be finished and he doesn’t feel it would be fair to make the public wait for the regular meeting to begin.
Manager Lovell commented that he is uncomfortable when the public is sitting outside waiting for a meeting to start when it was advertised for a certain hour.
Ms. Gallo commented that advertising for Executive Sessions would be necessary. Each meeting would have to be opened to the public before the Council could move into Executive Session.
Manager Lovell noted that some towns have been successfully challenged in court over the issue of advertising.
Manager Lovell stated that, although this issue was not well received last Spring, the Council has asked what improvements would be necessary to bring the crosswalks into compliance. The Manager has therefore provided a listing of the inventory in Randolph Township detailing what improvements would be necessary to bring each crosswalk into compliance with state standards. While the Manager would prefer to see a comprehensive ordinance including all crosswalks in the Township, he would suggest that, if the Council was not comfortable with such a comprehensive ordinance, he would ask that those crosswalks where crossing guards are posted and trail crosswalks be brought up to standard. Manager Lovell reiterated his belief that by virtue of having a crosswalk, the public is invited to cross at that point and the Township bears a responsibility for making it safe. He would like the get the Council’s input on this issue at the next meeting.
Councilman MacArthur stated that he would like to have a better understanding as to why certain crosswalks were established, why some crosswalks are covered under an existing ordinance while others are not, and why some crosswalks require different kinds of markings.
Councilman Loveys echoed Councilman MacArthur’s concerns.
Manager Lovell responded that over the years the Township has taken a very relaxed approach to crosswalks leading to a hodge-podge of designs. Some of the crosswalks were suggested by the police and some were requested by residents, leading to an inconsistent evolution in the creation of crosswalks.
Councilman MacArthur stated that having an ordinance dealing with only some crosswalks would likely cause more confusion with the public.
Manager Lovell responded that a comprehensive ordinance incorporating all of the crosswalks was the intent of the Police Department and Township Engineer when this issue was first raised last spring.
Mayor Mitsch asked if all of the crosswalks listed on the inventory are viewed by the Police Department as being valid and necessary.
Chief Mason responded that all of the crosswalks listed on the inventory are currently in existence and it is their belief that those crosswalks should be maintained and brought into compliance with state law.
Mayor Mitsch stated that crosswalks should be clarified for both pedestrians and motorists and should be in compliance with the Manual for Traffic Control Devices.
Councilman Loveys noted that crosswalks located on state roads or county roads would be maintained by the state or county respectively. Randolph would maintain those crosswalks located on local roads.
Councilman Napoliello asked how much it would cost to bring all of the crosswalks into compliance.
Chief Mason responded that an estimate provided last spring came to approximately $11,000.00.
Councilman MacArthur noted that he is having trouble envisioning what the crosswalks would look like if they were to be brought into compliance in regard to signage and striping.
Councilman Obremski recommended that Council members drive around town to see the crosswalks in existence. The Councilman noted that the intent to bring all of the crosswalks in town into compliance and to be consistent with signage so they all look the same throughout the town.
Judith Stewart, 114 Everdale Road, noted that a former Assistant Township Manager was integral in getting a crosswalk at Quaker Church Road installed and covered by an ordinance and she believes that ordinance could serve as a model for the other crosswalks. Mrs. Stewart requested the Council ask the County to change the traffic signal at the intersection of Millbrook Avenue and Sussex Turnpike to have an arrow controlling people turning right onto Millbrook Avenue from westbound Sussex Turnpike.
Seeing no one further from the public, the public portion was closed.
Councilman MacArthur distributed an article from a recent publication regarding water rates. The author of the article was making the point that New Jersey takes public water for granted and how water is provided to customers in the most densely populated state on the back of an aging infrastructure. Most of the 30,000 miles of pipe were laid between the late 1800’s and World War II, and most of those pipes have a 50 to 75 year life span. Those pipes are being replaced at a rate that would require them to have a 300 to 800 year life span. His conclusion is that a major infrastructure bill will be coming shortly.
Councilwoman Veech noted that the Honorable Ira Cohen is set to be recognized by Randolph Rocks, however there is a Council meeting scheduled for that same evening.
Councilman Napoliello reminded the Council that the Country Fair is scheduled for Saturday, October 1, from 10:00 a.m. to 5:00 p.m., and signs have started to go up around town.
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. Personnel
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 9:05 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
Councilman Obremski made a motion to move back into Open Session at 9:25 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch
NAYS: None
Mayor Mitsch adjourned the meeting at 9:25 p.m.
_______________________________
Donna Marie Luciani
Township Clerk