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Township Council » Meetings » Minutes: April 30, 2009

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

Minutes: April 30, 2009

A work session of the Randolph Township Council was called to order at 7:00 p.m. by Deputy 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 Morris County Daily Record on April 22, 2009, by e-mailing them the time change. The Special Meeting Notice, which included this meeting date and time change, was advertised in the Morris County Daily Record on April 24, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price (arrived 7:05 p.m.)
Deputy Mayor Alpert

ABSENT: Mayor Metz

Mayor Metz was attending the Annual Mayors’ Conference in Atlantic City.

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

Deputy Mayor Alpert led the Pledge of Allegiance.

RECEPTION IN HONOR OF PATROL OFFICER MICHAEL GOMEZ

Jack Sassaman, Commander of the local VFW post, presented Patrolman Gomez and Deputy Mayor Alpert with a flag to be flown at home and at Town Hall indicating someone actively serving in the military.

Deputy Mayor Alpert made the following comments:

Patrolman Michael Gomez has been a member of the Randolph Township Police Department for the past two years. During this short time with us, he has amassed numerous letters of public praise for his exceptional work with the citizens of Randolph Township. Patrolman Gomez also has been nominated on two occasions for his life saving efforts in which he successfully resuscitated two cardiac arrest patients.

For the past several years, Patrolman Gomez has held dual roles, both as a police officer and as an Army Reconnaissance Scout. From 2003 to 2004, Patrolman Gomez served in Operation Iraqi Freedom. Following his time in Iraq, Patrolman Gomez was detailed to South Korea where, from 2004 to 2005, he was charged with patrolling the Demilitarized Zone between South Korea and North Korea.

Patrolman Gomez has received countless medals and commendations from the Army. Some of the most notable are: Army Commendation Medal with Valor, 10 Army Achievement Medals, and a Good Conduct Medal.

Patrolman Gomez is joined this evening by his wife of 5 1/2 years, Melissa Gomez. Melissa and Michael are expecting their first child, a daughter, on July 11, 2009.

On May 9, 2009, Patrolman Gomez will be deployed to Afghanistan for a tour that will last 365 days. His role in Afghanistan will consist of performing security functions for the Army Corp of Engineers in a volatile section of Afghanistan.

Patrolman Gomez is an asset to Randolph Township and will be missed during his tour. The Randolph Township Police Department eagerly awaits his safe return on May 8, 2010.

SWEARING-IN CEREMONY—LT. DAVID STOKOE

Manager Lovell provided background on Lt. Stokoe’s career with Randolph Township. His comments included the following:

  • Lt. Stokoe joined the Police Department in 1995 at age 21
  • In 2004, he was promoted to the rank of Sergeant
  • He graduated from Fairleigh Dickinson in 2004 with a Bachelors Degree
  • Obtained his Masters Degree from Fairleigh Dickinson in 2006
  • He has received many awards during his years of service, including the Grand Cordon Unit Citation, the Meritorious Service Award, the Honorable Service Award, the Life Saving Award, the Chief’s Award, and the Academic Achievement Award

Lt. Stokoe was administered the Oath of Office by his wife while his children held the Bible.

PROCLAMATION—Buddy Poppy Sale

Deputy Mayor Alpert read the following proclamation into the record:

WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fundraising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars, the Auxiliary and the American Legion Auxiliary Unit 391 of Mine Hill is eloquently reflected in the desire to “honor the dead by helping the living”.

NOW, THEREFORE, I, Jay Alpert, Deputy Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 31, 2009, which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Napoliello stated that the Senior Olympics will be held on May 27 and the Community Services Advisory Committee is looking for people aged 60 and over to participate. He also noted that this weekend is Helping Neighbors Weekend. Residents in need of help with household chores are urged to give the Committee a call for assistance. The Randolph High School Tennis Team will be holding a car wash on May 2 at Brundage Park from 12:00 p.m. to 4:00 p.m.

Councilman Obremski noted that the Office of Emergency Management Council met and provided an update and guidelines on the H1N1 virus. They also discussed and commended Randolph for their efforts to foster the cats rescued from a Chester homeowner and the Seeing Eye property.

Councilwoman Mitsch reported on a meeting of the Environmental Commission where there was discussion regarding Randolph no longer contributing to the Rockaway River Watershed Cabinet.

Manager Lovell responded that at one time, Randolph belonged to three or four different cabinets. There is a movement by the Freeholders to begin combining some of the efforts of these river cabinets to create one large cabinet. This year while preparing the budget, the decision was made to cut back on memberships. The Manager retained membership in the Raritan Highlands Compact as it relates to issues with the Highlands.

Councilwoman Price commended the Health Department for their prompt action in putting information about the H1N1 virus on the Township web site as well as coordinating efforts with the schools. She reported that Ray Stromberg had also had meetings and coordinated with the schools in terms of homeland preparedness.

Manager Lovell responded that Randolph is fortunate to have Mark Caputo and Ginny Maico working for the township. He encouraged any resident with questions to visit the web page and follow the link to the CDC link to read about the virus.

Deputy Mayor Alpert noted that there will be an art show at the Artworks Studio on May 1 from 5:00 to 7:00 p.m. On May 2, the Landmarks Committee will co-sponsor two tours of the historic sites within Randolph Township. The Deputy Mayor, Township Manager, and Police Chief attended a meeting of the Greystone Park Security Council.

Manager Lovell noted that the Township has received an additional $80,000.00 grant to complete the sidewalk construction on Center Grove Road. Randolph will also be receiving $190,000.00 for improvements for Morris Turnpike. The Manager attended an Alliance for Action meeting. While at the meeting, he was able to discuss concerns regarding the Highlands with Freeholder Schrier. The Manager will follow-up with Mr. Schrier about scheduling a meeting. The Manager, Councilman Napoliello, Mr. Van Brunt, and Ms. Catania met with members of the Randolph Rotary to discuss the Country Fair in October.

Assistant Manager Giaimis noted that discussions have taken place regarding the practicality and potential profitability of building a cell tower on the property behind the dog park. A very conservative estimate for potential income would be from $8,000.00 to $12,000.00 a month in revenue. There has been interest in installing towers in other areas of the town, and by constructing a tower at this site, that other interest would most likely disappear.

Manager Lovell noted that the tower would pay for itself in less than two years, thereafter generating income for the town. The tower would be placed on a site where the public has voted down other uses and where it would not interfere with residential neighborhoods. The Manager suggested the project be bonded.

The Council indicated a desire to view the proposed site. Manager Lovell noted that he will re-schedule the start of the May 7 meeting for 7:00 p.m. to give the Council a chance to see the site.

COMBINED ACTION ITEMS

Councilman Algeier 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

ABSENT: Mayor Metz

A. Authorizing Purchases From MCCPC: Contract 15A—Police Pursuit Vehicles

R-136-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15A, Police Pursuit Vehicles; and

WHEREAS, the Police Department wishes to purchase four (4) Ford Crown Victoria vehicles at a purchase price of $82,124.00. Additional accessories will be purchased as approved; and

WHEREAS, these purchases will not exceed $120,000.00.

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 purchase vehicles from Morris County Cooperative Pricing Council Contract #15A in an amount not to exceed $120,000.00.

B. Authorizing Rejection of all Bids for the 125-Gallon Asphalt Melter/Applicator With Compressor

R-137-09

WHEREAS, bids were received on April 21, 2009, for a 125-gallon asphalt melter/applicator with compressor; and

WHEREAS, four bids were received and after careful review of all bids, three did not meet the specifications and the fourth did not submit a Business Registration Certificate; and

WHEREAS, all bids must be rejected and the project re-bid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids be rejected and the project be re-bid.

C. Authorize Settlement—Route 10 Realty Associates, Block 42, Lot 10, for 2006 and 2007 Tax Years

R-138-09

WHEREAS, Route 10 Realty Assoc. (the “property owner”), the owner of the property located at Block 42, Lot 2, on the official tax maps of the Township of Randolph, also known as 828 Route 10, 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 2006 and 2007; and

WHEREAS, the property owner filed tax appeals for the 2004 and 2005 tax years in which the assessment for each year was affirmed by the Tax Court. On appeal to the Appellate Division by the property owner the Tax Court judgment was affirmed. The property owner then petitioned the Supreme Court for Certification, which was denied; and

WHEREAS, the subject property was sold on or about November 23, 2007, for $240,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for the tax years under appeal based upon such sale price which, after applying the applicable ratios for each respective tax year, will result in a total assessment of $158,900.00 (rounded) in 2006 and $143,700.00 (rounded) in 2007; and

WHEREAS, the proposed settlement for the subject property for the 2006 tax year results in a total tax refund of $41,009.53; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $43,050.42; 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 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 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 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $1,608,000.00 to a total assessment of $158,900.00.

2. The tax assessment on the subject property, located at Block 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $1,608,000.00 to a total assessment of $143,700.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $84,059.95 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2006 and 2007 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

REVIEW AND SET PROPOSED AGENDA FOR MAY 7, 2009, REGULAR MEETING

Manager Lovell reviewed the proposed agenda and made the following comments:

  • The most significant issue will be the public hearing and adoption of the budget
  • There will be the second reading of an ordinance to exceed the municipal cap rate
  • There will be the second reading of an ordinance on lot grading
  • There will be the second reading of an ordinance for no parking during certain hours near the Shongum School
  • There will be the second reading of an ordinance for a special assessment sewer project on Shongum Road
  • There will be an introduction of a bond ordinance for the road overlay program, improvements to Brundage Park to clean up wetlands disturbed by a resident, and restoration of the water tank on Old Brookside Road
  • There is the introduction of an ordinance for projects listed in the capital improvement program
  • A revised sign and banner ordinance may be introduced
  • Introduction of a revised ordinance for Randolph Sales Days
  • Introduction of a revised Salary and Wage ordinance

DISCUSSION ITEMS

(1) Amending Land Development Ordinance—Signs and Banners

Manager Lovell noted that this proposed ordinance has gone through many revisions over the course of the last several weeks. Both he and the Economic Development Committee recommend changing the time period for banners from one thirty day period to two thirty day periods. Another change in the ordinance deals with the issue of temporary signs. He asked the Council to review the ordinance and provide feedback prior to introduction of the ordinance.

Councilman Algeier suggested language stating the banner displays can not be back to back. He also stated that he believes the ordinance is a good starting point and that the ordinance may have to be revisited at a later time to work out any glitches.

(2) NJ’s Plan to Re-Designate a Trust Fund Currently in Place to Provide Emergency Responders’ Training (Analysis of NJ Budget—Health & Senior Services)—NJEMSEA Statement

Manager Lovell stated that there is approximately $4 million that has been set aside to fund and train emergency medical technicians and volunteer first aid squads. There is currently a movement underway to take those dollars from this dedicated fund and transfer it elsewhere to address the fiscal emergency. If the Council should desire to take a position in opposition of this, he will prepare a resolution before next week’s meeting.

Council indicated they would like a resolution prepared for the next meeting.

(3) Meeting Schedule Changes—May 21 and June 18

Manager Lovell stated that the May 21 and June 18 meetings are not legislatively necessary at this time and recommended canceling them both.

Council agreed to cancel both meetings.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested Council look into changing state law that prohibits charging fees when using the Randolph Rescue Squad.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier commended the Assistant Township Manager for his efforts at the Morris County Cooperative Pricing Council Luncheon. The Councilman would like to see the MCCPC expand to more boards of education outside of Randolph.

Councilman Napoliello noted that the Country Fair on October 3 will be run by the Rotary Club. He asked that any organizations interested in manning a table at the Fair contact the Rotary Club.

Manager Lovell noted that Clean Communities Day will be May 2 starting at 8:30 a.m.

Councilman Algeier asked for an update of the dog park.

Manager Lovell responded that it runs fairly well. There have been requests to light the dog park and clear the snow in winter, both of which have been determined as not to be in the town’s best interest. There have been a few altercations between dogs but the Animal Control Officer has been able to handle and resolve those issues.

Councilwoman Price noted that the Gordon Raupp Fishing Derby at Randolph Lake will be on May 2. This event is co-sponsored by the Randolph Recreation Department and the Randolph Kiwanis Club.

EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the following portion of the meeting.

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

a. NJ DEP—Sharkey’s Landfill Superfund Case
b. Chabad
c. Tax Appeal Legal Representation
d. Church Alive

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 Napoliello made a motion to move into Executive Session at 9:00 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor Metz

Councilwoman Mitsch made a motion to move out of Executive Session at 9:45 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

A voice vote was unanimous.

ADJOURNMENT

Councilman Algeier adjourned the meeting at 9:45 p.m.

_____________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

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

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price (arrived 7:05 p.m.)
Deputy Mayor Alpert

ABSENT: Mayor Metz
Mayor Metz was attending the Annual Mayors’ Conference in Atlantic City.

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

NJ DEP—Sharkey’s Landfill Superfund Case

Manager Lovell made the following comments:

  • Sharkey’s landfill in Parsippany dates back to the mid-1940’s up until closure in 1971
  • In 1991, the EPA and NJ DEP brought a suit against several companies that used the landfill
  • That lawsuit was amended to include about 35 towns
  • A settlement was reached in 1995 where the towns would share in the cost of the environmental clean-up at a cost to Randolph of $88,654.00.
  • The Township’s insurance records from back then have been discarded and we have not been able to retrieve or recover the policies
  • Currently Trenton is bringing a new suit based upon changes in the law and suing for damages to natural resources
  • Mr. Buzak’s office has been attending meetings on this issue for the communities and the communities are going to share in the services of one legal counsel
  • The Manager notified the Council that he would like to write a scathing letter to Governor Corzine which would be signed by the Mayor
  • He would also like the press to be involved so that the residents learn and understand what Trenton is doing by taking this second bite of the apple
  • By filing the lawsuit, Trenton is chasing away many corporations who have a very real presence in Morris County as well as going after the towns again
  • The towns will incur legal costs and face a very real liability again on this issue
  • The Manager has heard some of the ways the Chester landfill settlement will be spent and finds it frustrating

Mr. Buzak made the following comments regarding this issue:

  • There were two policies in effect during the time period in question
  • The Township has been able to locate the CNA policy but can not locate the other
  • Hartford has denied previous cases and will deny coverage in this case unless Randolph can produce some kind of proof of policy
  • He will begin negotiations of Randolph’s share of the settlement based on contributions made in the original settlement
  • A joint defense counsel will handle the day-to-day activities of the case and bring information back to the municipal counsel
  • The lead counsel will most likely be the same attorney who handled the original settlement
  • Having one attorney represent the municipalities saves money compared to each municipality having their own attorney
  • He does not oppose Randolph sending a letter to Governor Corzine as suggested by Manager Lovell
  • A resolution will be on the agenda next week authorizing Randolph’s participation in a joint defense

Councilman Algeier emphasized that Randolph has done nothing wrong. Randolph simply paid someone to pick up our garbage. The statute considered Randolph to be a generator.

Tax Appeal Legal Representation

Manager Lovell reviewed the issue and made the following comments:

  • At the Council’s request, Mr. Buzak and Mr. Lovell met with Mr. DeAngelis after which Mr. Lovell generated a memorandum to the Council
  • When Mr. DeAngelis moved to the new firm, a client review was undertaken to see if there were conflicts
  • Another attorney at the firm had been representing several property owners in on-going tax appeals but has since withdrawn as counsel to all of them
  • Mr. DeAngelis provided the names of three attorneys that would be able to provide acceptable representation to Randolph
  • Cablevision utilizes the firm to provide services in matters outside of Randolph and they would like to retain Cablevision as a client
  • Mr. Berger has used the firm in the past and has plans to use them again in the future
  • Mr. Buzak has researched this issue and does not see any conflict to using Mr. DeAngelis or his firm
  • The Manager is troubled by the Berger representation
  • However, the Manager holds Mr. DeAngelis in high regard as an attorney
  • If the Council decides to stay with Mr. DeAngelis, his pay would need to be adjusted to pay for another attorney for their services in the open cases

Mr. Buzak noted that Council needs to provide direction on two issues tonight:

  • Who will be retained for the conflict cases
  • Will the Council be comfortable having Mr. DeAngelis represent Randolph for tax appeals given the fact that his firm will still be representing Cablevision and Mr. Berger in matters not dealing with the Township

Mr. Buzak reiterated the fact that he found no conflict with Mr. DeAngelis or his firm because he’s disengaging himself from any matters that relate to Randolph.

Councilman Algeier noted that he initially raised the conflict issue but after hearing from the Manager and Township Attorney, he is satisfied that there are no conflicts.

Council indicated a desire to go with Paula DeBona pending a review of her resume and reference check with other towns she has represented.

Church Alive

Do not release.

Chabad

Do not release.

_________________________
Donna Marie Luciani
Township Clerk

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