All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: January 26, 2017
A. OPENING OF REGULAR MEETING
1. Call to Order
A regular meeting of the Randolph Township Council was called to order at 6:00 p.m. by Mayor Carey. 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 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016. The time change for the meeting was advertised in the Daily Record on January 24, 2017.
2. Roll Call
PRESENT:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
ABSENT: Councilwoman Veech
Also present: Township Manager Mountain, and Ed Buzak from the Law Office of Edward Buzak.
3. Pledge of Allegiance
Mayor Carey led the Pledge of Allegiance.
B. 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 Executive portion of the meeting.
2. The general nature of the subject matter to be discussed is as follows:
Litigation Follow-Up with Eric Harrison
Heritage 55 Dedication
Land Acquisition—Mt. Freedom Golf
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 Executive Session, the Council will reconvene in public session for the purpose of taking formal action.
Councilman Guadagno made a motion to move into Executive Session at 6:02 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
NAYS: None
ABSENT: Councilwoman Veech
Councilman Guadagno made a motion to close the Executive Session at 6:50 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
NAYS: None
ABSENT: Councilwoman Veech
C. RE-OPEN REGULAR MEETING—7:00 P.M.
Mayor Carey re-opened the meeting.
D. PRESENTATIONS/PROCLAMATIONS
1. Swearing-In of Police Officer Jamie Andersen and Police Officer Stephen Szilagyi
The ceremony took place in the atrium of the municipal building.
E. APPOINTMENT
1. Appointing Elizabeth Ritter as Chairman of the Municipal Alliance Committee
Councilman Loveys explained that when the Municipal Alliance Committee (MAC) was re-established by the Township Council, they were charged with appointing the Chairperson. Elizabeth Ritter has been the Chairperson for the last couple of years, and is interested in continuing in that position.
Councilman Guadagno explained that the Council is currently reviewing the resolution and trying to establish consistency. He asked if the Council needs to appoint the Chairman for this committee, or if the MAC can choose their Chairperson. Councilman Loveys explained that a resolution re-established the MAC, not an ordinance; however, if the Council wants to make it consistent with other committees, in the future they can include it in the ordinance.
Councilman Loveys made a motion to appoint Elizabeth Ritter as Chairman of the MAC. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
NAYS: None
ABSENT: Councilwoman Veech
F. OPEN TO THE PUBLIC
Judith Stewart of 114 Everdale Road expressed her gratitude that an additional female officer was hired for the Randolph Police Department. She told a story of a past situation in which it was advantageous for a female officer to be dispatched to the scene.
Seeing no one further from the public, the public portion was closed.
G. MANAGER’S REPORT
Manager Mountain reported the following:
- 2017 Budget books were delivered to the Council mailboxes. The first budget workshop is scheduled for Saturday, January 28 from 8:30 a.m. to 12:00 p.m. The focus will be on the preliminary overview as well as several department presentations.
- Trails Master Plan public meeting will be on Monday, January 30 at 7 p.m. in the Community Center. The township’s consultant will provide an overview of the project as well as leading a facilitated discussion on what the community would like to see considered for the township trail system in the future.
- Tom Foley, in the Public Works Department, is retiring on February 1st, after 36 years of service. He has been an outstanding equipment operator, and his experience and skill will be missed. The Manager congratulated Tom and Anita Freeman, who is also retiring on February 1st, on their retirement and thanked them for their years of service.
Councilman Guadagno reported that Bill Lamia, from the YMCA, said that he would post the Trails Master Plan public meeting on his electronic sign if someone sends him the information. Manager Mountain stated that he would contact Bill. Mayor Carey asked what outreach has taken place to promote the meeting. The Manager explained that all of the electronic mediums have been used, and he would check with Russ Newman to determine specifically what his department is doing.
H. COMBINED ACTION RESOLUTIONS
Item #2, the release of maintenance guarantee—Councilman Loveys asked Ed Buzak if maintenance bonds generally expire on their own. Attorney Buzak explained that they are usually for a specific period of time from the date that the approvals are accepted. Councilman Loveys clarified that if there is an issue, then the maintenance bond doesn’t automatically expire; Attorney Buzak stated that was correct. Councilman Guadagno asked where this property was located; it is Applewood Lane off of Shongum Road.
Councilman Guadagno made a motion to approve the Combined Action Resolutions. Councilman Loveys seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
NAYS: None
ABSENT: Councilwoman Veech
1. Release of Performance Bond for $352,176.00 and Cash Bond for $88,044.00 (plus accrued interest) for Water and Sewer Improvements at Applewood West, Block 201, Lot 28.01 to Shongum Developers, LLC
R-43-17
WHEREAS, Shongum Developers, LLC has requested the release of their Performance Bond No. UU-0201207, issued by Universal Bonding Insurance Company, in the amount of $352,176.00 along with their cash bond, in the amount of $88,044.00, which was deposited with the Finance Department on April 24, 1996, that was intended to serve as the guarantee for the water and sewer main installations; and
WHEREAS, Ralph Carchia, Engineering/Water and Sewer Administrator, confirmed that the water and sewer mains were installed and have been inspected and no additional maintenance is required.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Performance Bond No. UU-0201207, issued by Universal Bonding Insurance Company, in the amount of $352,176.00, and the cash bond in the amount of $88,044.00, plus accrued interest, be released to Shongum Developers, LLC, c/o Mark A. Rothberg, Wilf Law Firm, Attorneys at Law, 820 Morris Turnpike, Suite 201, Short Hills, New Jersey, 07078.
2. Release of Maintenance Guarantee for Public Improvements at Applewood West, Block 201, Lot 28.01 to Shongum Developers, LLC
R-44-17
WHEREAS, Shongum Developers, LLC has requested the release of their Maintenance Bond No. B34227435, in amount of $89,232.00, issued by Gulf Insurance Company dated August 16, 2002 which was intended to serve as the guarantee for the public improvements; and
WHEREAS, Ralph Carchia, Engineering/Water and Sewer Administrator confirmed that the public improvements have been inspected and no additional maintenance is required.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Maintenance Bond No. B34227435, in the amount of $89,232.00 be release to Shongum Developers, LLC, c/o Mark A. Rothberg, Wilf Law Firm, Attorneys at Law, 820 Morris Turnpike, Suite 201, Short Hills, New Jersey, 07078.
3. Authorizing Mayor to Sign Amendment to the Water Supply Agreement Between the SMCMUA and the Township to Include Updates to Schedule A
R-45-17
WHEREAS, there is a need to enter into an Amended Water Supply Agreement between Southeast Morris County Municipal Utilities Authority and the Township of Randolph;
WHEREAS, both parties agree to the terms of this agreement, dated January 21, 1977 and amended on January 26, 2017.
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign the amended agreement.
4. Raffle License, On-Premise 50/50, Celebrate the Children Inc., on March 11, 2017 at the Meadow Wood Manor, 461 Rt. 10 East, Randolph, NJ from 7:00 p.m. to 12:00 a.m.
5. Raffle License, Tricky Tray, Celebrate the Children Inc., on March 11, 2017 at the Meadow Wood Manor, 461 Rt. 10 East, Randolph, NJ from 7:00 p.m. to 12:00 a.m.
6. Raffle License, Casino Night, Celebrate the Children Inc., on March 11, 2017 at the Meadow Wood Manor, 461 Rt. 10 East, Randolph, NJ from 9:00 p.m. to 12:00 a.m.
I. UPCOMING EVENTS
- Budget Meeting at Town Hall, Saturday, January 28, 2017 at 8:30 a.m.
- Freeholder Budget Sub-Committee Meeting on January 30th at the Knox Conference Room, 5th Floor, Administration and Records Bldg., 10 Court Street, Morristown from 5:30 p.m. - 7:30 p.m.
- Public Meeting—Randolph Trails Master Plan—Monday, January 30th at 7:00 p.m. at the Randolph Community Center
- Budget Meeting at Town Hall, Thursday, February 2nd at 5:00 p.m.
- Randolph High School Choirs and Middle School Select Choir will perform a variety of Broadway songs in the 6th Annual RHS Cabaret “A Night at the Tonys.” Friday, February 3 at 6 p.m. in the RHS Commons (snow date Feb. 4). Dinner provided by area restaurants. Tricky Tray and 50/50. Please bring donations for the Interfaith Food Pantry. Tickets are $15 students; $20 adults. For information, email .(JavaScript must be enabled to view this e-mail address).
- Budget Meeting at Town Hall, Saturday, February 11th at 8:30 a.m.
- Morris County League of Municipalities Dinner—February 15, 2017—5:15 p.m. at the Birchwood Manor—State of the State with Michael Darcy
- Morris Habitat for Humanity—Hearts for Humans, Saturday, February 25th from 6:00 p.m. - 11:00 p.m. at the Meadow Wood Manor, 461 Route 10, Randolph—$250
J. DISCUSSION ITEMS
1. Leaf Collection Policy
Manager Mountain explained that he had outlined his recommendation in a memo to the Council on January 25, 2017; the public had access to the memo at the meeting. He highlighted the following:
- One of the main focuses of the recommended revisions is the restriction on landscapers and contractors working lawn services, to put the leaves at the curb vs. the homeowner putting them at the curb. In 2005, when the policy was adopted, the new storm water rules had just been promulgated as well as the amount of abuse of the service by contractors. Contractors were taking advantage, and off loading leaves from other communities.
- The primary driver behind the policy was to reduce the quantity of leaves placed at the curb. Since that time, the Council and the Manager have received a number of comments about the policy. The main issue is that residents perceive there to be an inequity in the policy; the policy limits a potion of the community that uses a service to participate in the curbside collection.
- Over the years there has been a hardship exemption, which has been liberally allowed for, that gives individuals the ability to waive out of the restriction, and to use a contractor to get the leaves to the curb.
- He and Tom Spring looked at the current approach versus a projection of what it would be if the township removed that restriction. They reviewed the ten year statistics for the total number of cubic yards of leaves collected, as well as other issues related to the collection and hauling. They concluded that 30-35% is the impact factor; they projected that the worst case scenario as far as additional cost would be approximately $40,000. The service currently costs approximately $100,000 per year for the hauling of the leaves. The collection of leaves is in-house.
- The general consensus is that the change could result in some Saturday work in order to maintain the timelines, but collection throughout the township could still be done in the same timeframe without having to hire additional, full time workers or equipment.
- The township receives a recycling tonnage grant, which is not usually fully spent and it usually carries over to the following year. Funding from this grant could be utilized to offset the cost.
- He factored this policy change into the 2017 budget in anticipation of the Council’s support. It can be removed during the budget process, if needed.
Councilman Tkacs reported that while he was campaigning during the fall, the leaf collection topic came up frequently. He felt the policy change would be good.
Councilman Napoliello felt the policy change would be good. He also explained that he has seen contractors putting leaves to the curb; however, by the time township staff would be able to get there, the contractor would be gone. Manager Mountain added that they realize that some of the leaves are left by contractors, and some have been caught doing it, but it’s usually difficult to catch the contractor when they are depositing the leaves curbside.
Councilman Loveys felt the policy was always difficult to enforce. He felt the change would be good, and explained that residents should be encouraged to blow the leaves into the woods when possible. Councilman Loveys also felt that, since the cost is by the cubic yard and not by the ton, it would benefit the town to pack the leaves down when collected. Manager Mountain explained that they currently do some packing down, but more importantly, if it’s another dry season, the leaves should be wet down.
Councilman Guadagno explained that he felt the leaves should be ground down, if possible, before they’re put in the truck. Manager Mountain reported that they will look at all options; however, the only downside of grinding is that it adds cost. He felt the wetting and compacting would get the same result.
Manager Mountain explained that the township currently has the ability to do this, but there may be a time in the future when the only cost effective way to do the program is something different.
Mayor Carey agreed that this topic is one that comes up frequently with residents.
Manager Mountain explained that he believes this policy was memorialized in an ordinance; the next step would be to amend the ordinance. He will research it and confirm. If the policy was not memorialized by ordinance, he will rewrite the policy language; the Council would then memorialized it by resolution.
K. OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
L. COUNCIL COMMENTS
Councilman Guadagno explained that he was looking at the water line that was installed on North Star Road, and noted that it goes close to the township borderline. He reported that one house is listed twice. Manager Mountain explained that the list was supplied by SMCMUA, but he will confirm whether it is an error. The list is the customers within Randolph in which the SMCMUA supply water.
Councilman Loveys reported that he attended the Wildlife Management Committee meeting. Russ Nee will continue as Chairperson, and John Spano will continue as Vice Chairperson. They reviewed the numbers for the deer hunt, but there was no significant change from the last report. The general consensus is that the numbers are down; the hunters and the committee describe that the township is in more of a maintenance period. It is important to continue the hunts in order to maintain the numbers. Councilman Loveys felt the program was very successful.
Councilman Loveys reported that he attended the Municipal Alliance Committee meeting. The meeting had a significant turnout, and it was very lively. The MAC will be participating in the February 3 Cabaret at RHS by providing water bottles with a MAC sticker with an anti-substance abuse message. There were a couple of presentations at the meeting by Morris County Prevention is Key (MCPIK), a non-profit group that works with the MACs in the area. MCPIK is sponsoring a forum at the Morris County Public Safety Training Academy on February 28 from 9 am to 12:30 p.m.; the target audience is those in public health, Board of Health, elected officials, and members of law enforcement. Councilman Loveys attended the forum last year, felt it was very informative, and encouraged the other Council members to attend. MAC members will be at the senior luncheon on March 7 and present a program with a member from Atlantic Health. On March 30 at 7 p.m., the MAC will assist with a forum at RHS; Maryalice Thomas, liaison to MAC from RHS, is coordinating a successful parenting program. Morris County Chief Assistant Prosecutor Brad Seabury will present, and they’re hoping to also have Prosecutor Fred Knapp. There was a presentation at the MAC meeting by Anthony Polito, who runs Excel Treatment Center.
Councilman Loveys reported that he and Councilman Tkacs attended a seminar by the NJ League of Municipalities for newly elected, as well as a refresher for re-elected officials.
Councilman Guadagno requested that the resolution or ordinance regarding the Council appointment of the MAC Chairperson be on the agenda for discussion at the next Council meeting.
Councilman Napoliello reported that Claire Keller became a member of the Rotary Club. She is coordinating a “Taste of Randolph” event for April 24th at the Mount Freedom Fire Company.
Councilman Forstenhausler added that he and his wife picked up the water bottles from MAC and delivered them to the high school for the Cabaret.
Councilman Forstenhausler also reported that he and Councilman Tkacs represented Randolph, and the Council, at an event sponsored by Senator Bucco. Senator Bucco, Assemblyman Bucco, and Lieutenant Governor Kim Guadagno all attended.
Mayor Carey reported that she attended the retirement event for Anita Freeman. It was a nice event, and Anita was touched by all those who attended.
Mayor Carey also reported that she, Councilman Loveys, Councilman Napoliello, and Manager Mountain attended the Randolph Rescue Squad installation dinner at the Zeris Inn. Since there were two events simultaneously, Councilman Forstenhausler, Councilman Tkacs, and Councilman Guadagno attended the installation dinner for Fire Company 4 at Picatinny Arsenal.
M. EXECUTIVE SESSION
There was no additional Executive Session.
N. ADJOURNMENT
Councilman Napoliello made a motion to adjourn the meeting at 8:00 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Deputy Mayor Forstenhausler
Mayor Carey
NAYS: None
ABSENT: Councilwoman Veech