All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: April 15, 2010
A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Alpert. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 2009. 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 17, 2009. The Notice of Time Change for tonight’s meeting was provided to the Morris County Daily Record on April 7, 2010, through e-mail. The time change for this meeting date was advertised in the Daily Record on April 9, 2010.
PRESENT:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch (arrived 7:05 p.m.)
Mayor Alpert
ABSENT: Councilman Napoliello
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Mayor Alpert led the Pledge of Allegiance.
APPROVAL OF MINUTES
(1) January 1, 2010
Councilman Obremski made a motion to approve the minutes as presented. Councilman Metz seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: None
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
(2) February 20, 2010
Councilman Obremski made a motion to approve the minutes as presented. Councilman Algeier seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: None
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
ABSTAIN: Councilman Metz
(3) March 4, 2010
Councilman Obremski made a motion to approve the minutes as presented. Councilman Algeier seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: Nays
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
ABSTAIN: Councilman Metz
(4) March 6, 2010
Councilman Metz made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: None
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
(5) March 18, 2010
Councilman Metz made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: None
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
ABSTAIN: Councilman Algeier
(6) March 25, 2010
Councilman Metz made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Mayor Alpert
NAYS: None
ABSENT:
Councilman Napoliello
Deputy Mayor Mitsch
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, asked if the funds for the celebration of public events has been restored to the proposed budget.
Manager Lovell responded that it is his recommendation to restore the funds to the budget.
Mrs. Stewart commented that the Freedom Festival is important to many residents and she is glad to see the money restored to the budget.
Seeing no one further from the public, the public portion was closed.
COUNCIL AND MANAGER REPORTS
Councilman Obremski stated that he will present his report in Executive Session this evening under advice from legal counsel.
Councilwoman Price reported that the stop sign at the corner of Guy Street and Quaker Church Road has been knocked down and needs to be replaced. She received an email from a resident asking that the integrity of Trade Winds be evaluated by the township. The Councilwoman asked if there was any update on combining the Board of Adjustment and the Planning Board.
Manager Lovell responded that he has sent a memorandum to the Council on that issue and will place it on the agenda for the next meeting. His memorandum to the Council indicates that the two boards should remain separate and his reasons for keeping them separate.
Councilman Metz noted that April 21, 2010, is the date for the second annual High School Senior Career Day where high school seniors visit local businesses.
Mayor Alpert reported that he and Manager Lovell met with Assemblyman Bucco. Assemblyman Bucco is asking municipalities for their ideas for cost saving measures.
Manager Lovell reported that Randolph is moving forward with shared services. A second draft for the proposals with Roxbury is being prepared and a final draft of a shared service agreement with the Mendhams for animal control has been drafted. Once the budgets for Randolph and Mendham Township have been finalized, discussions will resume with regard to merging the police departments. The Mayor of Mendham has received calls from residents thanking him for animal control services and praising Mrs. Jacobs and her staff for their efforts.
DISCUSSION
(1) 2010 Budget
a. Council Letter #14-2010
b. Council Letter #15-2010
c. Council Letter #16-2010
Manager Lovell’s comments included the following:
- He has completed the process of pulling together a revised set of recommendations for the Council
- Randolph is approximately $2.5 million below the appropriations cap and approximately $50,000.00 below the levy cap
- Appropriations are down by 1.17 percent
- Several additional demands have been placed on the township lately and are being added to the budget, including combining with Morris County for dispatch services, a police consolidation study funded by both Randolph and Mendham Township, additional funds for tax appeals and appraisal services covering residential appeals now at the state level after being rejected at the county level, building repairs at the municipal building which include police lavatories and HVAC issues, and a repair to the chimney at the Brundage House at Freedom Park
- There has been an increase to the Reserve for Uncollected Taxes based on an anticipated tax increase by the Board of Education
- It was discovered by Mr. Soccio that the state was over-billing Randolph for pensions and Randolph received a modest reduction from the state
- There will be some staff reduction in Randolph, however those positions will not be finalized until retirement decisions have been made
- Three positions currently vacant in the police department will not be filled
- There will likely be additional personnel changes later in the year
- Funds for the Celebration of Public Events have been restored to the budget
- The Library Board of Trustees has committed $300,000.00 from their surplus for the proposed renovations to the library
- Costs associated with hotel and travel for conventions has been eliminated from the budget
- Salary and wage expenses will be cut in a number of areas
- Personnel changes are anticipated in Engineering, Board of Adjustment, and Health Departments
- Some of the salary costs for animal control will be charged to the trust fund
- The budget for salt has been decreased by $50,000.00
- Parks and Recreation will see a reduction in staff as well as the implementation of totally self-funding programs
- Because of changes in personnel, reductions in pension and health insurance costs can be anticipated
- The cost for uniform replacement has been reduced due to not filling the three vacant police positions
- The police fleet is being reduced by one vehicle
- These changes create a balanced budget
- He seeks the Council’s support in making these decisions and moving forward with these actions
- He would like to introduce the budget in May and adopt the budget in June
Councilman Metz indicated his support for the proposed changes.
Manager Lovell noted that Planning Board activity has increased and building permit applications are on the rise, both good signs that things are improving in Randolph.
Mayor Alpert commented on the rough economic times the country is facing now and believes the proposed budget to be lean but workable.
Deputy Mayor Mitsch thanked Mr. Soccio and Mr. Lovell for their pattern of conservative fiscal management over the years.
Councilwoman Price asked if revenue enhancements for leaf and branch collection have been factored into the budget.
Manager Lovell responded that it has not been factored in because it has not occurred yet. He anticipated having an ordinance in place late in the summer.
Councilwoman Price asked how many township vehicles are in the fleet and how many are going home with people at night.
Manager Lovell responded that he would compile that information and provide it to the Council via email.
Councilman Algeier asked if the fee for leaf pick-up would be implemented in the fall of 2010.
Manager Lovell responded that it would be implemented in the fall of 2010 and he anticipates some push-back from residents on the concept of paying for leaf collection.
Councilman Algeier stated that he has addressed concerns expressed by some residents by explaining the situation and has found that residents view this as a reasonable approach to the problem. The Councilman stressed the importance of educating the residents on the program.
(2) 1.01 Aspen Drive—Scarce Resource Restraint
Manager Lovell received a request from the owners of 1.01 Aspen Drive to sign an affidavit on their behalf endorsing this project, which has been approved by the Planning Board. A scarce resource order has been holding up development. The Manager’s statement would be: “Randolph Township supports the motion for waiver of scarce resource restraint at 1.01 Aspen Drive, LLC.”
Mayor Alpert indicated support of the statement.
Councilman Algeier stated that the paper he prepared regarding the scarce resource order was given to the committee studying COAH and the position outlined in the paper was adopted in their state report. It is his understanding that the State Commissioner’s Report includes the position that the Scarce Resource Order be done away with.
COMBINED ACTION ITEMS
Councilman Algeier made a motion to approve the Combined Action Items. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT: Councilman Napoliello
A. Release Road Opening Cash Bond for Water Connection to Fieldfair Corporation—$300.00
R-133-10
WHEREAS, the Engineering Department has received a request from Fieldfair Corp. for the release of a $300.00 cash road opening bond posted for a water connection; and
WHEREAS, the road opening bond consisted of a $300.00 cash bond which was received and deposited with the Finance Department on March 24, 2008; and
WHEREAS, the applicant was required to post this cash bond to guarantee the water connection 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 $300.00 be refunded to Fieldfair Corp., P.O. Box 1578, Livingston, NJ 07039.
B. Authorizing Professional Services Agreement with Appraisal Consultants Corporation to Provide Professional Appraisal Services in Defense of Tax Appeals—Not to Exceed $24,000.00
R-134-10
WHEREAS, the Township of Randolph has a need to acquire Appraisal Consultants Corp. as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and
WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and
WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and
WHEREAS, Appraisal Consultants Corp. has indicated they will provide the Professional Appraisal Services in defense of tax appeals for an amount not to exceed $24,000.00; and
WHEREAS, Appraisal Consultants Corp. has completed and submitted a Business Entity Disclosure Certification which certifies that Appraisal Consultants Corp. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Appraisal Consultants Corp. from making any reportable contributions through the term of the contract; 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 enter into a contract with Appraisal Consultants Corp. as described herein.
BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: April 15, 2010
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 2010 Budget, Tax Assessing, Other Expenses, to award a contract to Appraisal Consultants Corporation for Appraisal Services in Defense of Tax Appeals in the amount not to exceed $24,000.00.
_____________________________
Michael J. Soccio
Chief Financial Officer
C. Authorizing Award of Professional Services Agreement With Robert Michaels & Associates to Complete the General Planning Services for $130.00 Per Hour—Not to Exceed $4,000.00
R-135-10
WHEREAS, the Township of Randolph has a need to acquire Robert Michaels & Associates as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and
WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and
WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and
WHEREAS, Robert Michaels & Associates has indicated they will complete the General Planning Services for $130.00 an hour in an amount not to exceed $4,000.00; and
WHEREAS, Robert Michaels & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels & Associates has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Robert Michaels & Associates from making any reportable contributions through the term of the contract; 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 enter into a contract with Robert Michaels & Associates as described herein.
BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: April 15, 2010
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 2010 Budget, Planning, Other Expenses, to award a contract to Robert Michaels & Associates for General Planning Services in the amount not to exceed $4,000.00.
_____________________________
Michael J. Soccio
Chief Financial Officer
D. Awarding Contract for On-Site Tub Grinding Services to Grinnell Recycling—$4,300.00 for Full Day and $2,999.00 for Half Day
R-136-10
WHEREAS, the Township of Randolph wishes to award a contract for On-Site Tub Grinding Services for the contract period April 2010 through November 2010; and
WHEREAS, bids have been advertised and received on April 13, 2010, in accordance with the “Local Public Contracts Law”; and
WHEREAS, two bids were received and Grinnell Recycling, Inc., Sparta, New Jersey, is the low bidder and meets all the specifications; and
WHEREAS, it is recommended Grinnell Recycling, Inc. receive the award contract at $4,300.00 for a full day and $2,999.00 for a half day.
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 Grinnell Recycling, Inc., Sparta, New Jersey, for the award contract at $4,300.00 for a full day and $2,999.00 for a half day.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: April 15, 2010
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 Grant Fund, Recycling Tonnage Grant, to award a contract to Grinnell Recycling, Inc. for On-Site Tub Grinding Services for the contract period April 2010 to November 2010 at a cost of $4,300.00 for a full day and $2,999.00 for a half day.
_____________________________
Michael J. Soccio
Chief Financial Officer
E. Authorizing a Complaint to be Filed for Re-Instatement of Watershed Aid to Randolph
R-137-10
WHEREAS, Governor Christie recently presented a budget which removes and is void of all of the watershed aid previously provided to Randolph in the amount of $16,544.00; and
WHEREAS, this watershed aid was part of the Highlands Act which was to offset and financially support the mandates and requirements of the Highlands Planning and Protection Act when it was adopted by the State Legislature in 2004 for the protection of watershed lands and public drinking waters by Highlands municipalities for the benefit of residents throughout the State of New Jersey; and
WHEREAS, the Highlands Act included such funding in lieu of tax or user fee or land steward fee for such communities as a financial offset of the land restrictions imposed by the Act; and
WHEREAS, the Council of Local Mandates was created pursuant to the State Mandate State Pay Amendment by the New Jersey Constitution; and
WHEREAS, the Council of Local Mandates has authority to rule whether a State law, rule or regulation imposes an unconstitutional unfunded mandate upon municipalities; and
WHEREAS, the removal of funding to support the legislation known as the Highlands Act will transform said legislation to an unfunded mandate; and
WHEREAS, accordingly it is recommended that Randolph Township initiate a complaint before the Council on Local Mandates to challenge such a decision for the State to impose an unfunded mandate on Highlands municipalities such as Randolph.
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, that the Municipal Administrator is hereby authorized to either submit for the municipality or join with other Highlands communities as to the filing of a complaint with the Council on Local Mandates alleging that under the proposed State budget that the Highland Act will become an unfunded mandate in violation of the New Jersey Constitution, Act VIII, Section 2, Paragraph 5 and N.J.S.A. 52:13H-2, because it does not authorize resources other than property taxes to offset the direct expenditures required for the implementation of the Highlands Act. This Resolution shall take effect immediately.
F. On-Premise 50/50 Raffle, Center Grove School PTA, May 27, 2010, 5:30 p.m. to 8:00 p.m., at Center Grove School, 25 Schoolhouse Road, Randolph
OPEN TO PUBLIC
Maria Martorana, 1 Wilkeshire Boulevard, asked for an explanation of the Reserve for Uncollected Taxes.
Manager Lovell provided an explanation of how the Reserve for Uncollected Taxes is utilized.
Mrs. Martorana asked what the budget was for the Freedom Festival Parade.
Manager Lovell responded that two events are in the budget at this time, one being support for the parade and the second is for fireworks.
Geoffrey Price, 13 Mariner Drive, stated that he had distributed a proposal from Kiwanis to the Council at the last meeting and asked if the Council was in agreement with that proposal.
Councilman Algeier responded that the Council generally does the budgeting and don’t get involved in the actual operation details.
Manager Lovell responded that the budget is in place and he anticipates the budget will be adopted as proposed. Mr. Van Brunt knows what funds are available to him and will work within the confines of that budget.
Mr. Price asked for confirmation from the Council that they understand the parade is being sponsored by the Randolph Kiwanis Club.
Deputy Mayor Mitsch responded that the Council is aware of that.
Mrs. Martorana asked if residents have always been allowed to bag leaves and if residents will be charged for leaf pick-up if leaves are not bagged.
Manager Lovell responded that bagging leaves has been in place for several years. Residents will be charged for leaf pick-up for unbagged leaves.
Seeing no one further from the public, the public portion was closed.
RECEPTION HONORING STEVE O’MARA OF THE ENVIRONMENTAL COMMISSION
COUNCIL AND MANAGER COMMENTS
Councilman Algeier described the “Doctrine of Unintended Consequences” for the Council and touched on a couple of issues he has heard about that could have a backfire effect. One is in Los Angeles where the watering of lawns is allowed only on Tuesdays and Thursdays, which creates a huge drain on the system and causes pipes to burst. Randolph allows watering on odd/even days. The other issue is a push to do away with plastic shopping bags which don’t decompose quickly in landfills. Studies have been done that point out that many people recycle those bags for other uses, and if they are no longer used people will begin to purchase retail plastic bags which are heavier and take longer to decompose than the supermarket kind of bags, which will further impact the environment. The Councilman advised keeping the “Doctrine of Unintended Consequences” in mind whenever making legislative decisions.
Manager Lovell reported that the Master Plan Committee is going to begin their review shortly, and he anticipated about a dozen issues will be studies. The Manager will keep the Council informed as the Master Plan Committee moves forward.
Councilman Algeier suggested the Committee review the issue of outdoor dining at selected restaurants in Randolph.
EXECUTIVE SESSION
Councilman Metz made a motion to move into Executive Session at 8:30 p.m. Councilwoman Price seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT: Councilman Napoliello
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
B. 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.
Councilman Algeier made a motion to come out of Executive Session at 8:55 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT: Councilman Napoliello
ADJOURNMENT
Mayor Alpert adjourned the meeting at 8:55 p.m.
_____________________________
Donna Marie Luciani
Township Clerk