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Township Council » Meetings » Minutes: January 27, 2011

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

Minutes: January 27, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 2010. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 16, 2010.

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

ABSENT: Councilman Obremski

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked why the pay phone located in the lobby of the police department has been moved to the outside of the building. She expressed concern that the police station will be locked at night to the public once the dispatch operations are moved to the County system.

Manager Lovell responded that a series of modifications are being made in the Police Department in preparation for the February 1 move to the County dispatch system. The police have designed an area downstairs that can be locked from the inside to create a safe room until police assistance arrives with a phone that will immediately connect you to the county 911 center. The pay phone was used quite often by residents and is now located outside of the building. That pay phone can be used to call 911 as well. The Manager will be touring the new area in a few days.

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

COUNCIL AND MANAGER REPORTS

Councilman MacArthur reported that he, Councilman Loveys, and Deputy Mayor Guadagno recently attended an orientation for newly elected officials, which he found to be very helpful. The orientation covered issues such as budgeting, labor relations, contract law, levy caps, appropriation caps, the League of Municipalities, and the Division of Local Government Services.

Councilman Loveys stated that he found the orientation for newly elected officials helpful as well. The Councilman attended a recent Environmental Commission meeting where Steve O’Mara was appointed as chair and Walt Nickens was appointed vice-chair. Councilman Loveys provided members of the Environmental Commission copies of emails obtained through the League of Municipalities regarding recycling that was discussed by Councilman MacArthur at the last Council meeting.

Councilman Algeier reported that he recently attended a Randolph High School hockey game. He noted that the team is playing well and encouraged others to attend. The Councilman attended a reception for retired Freeholder Jack Schrier and commented that, during his years in public service, Mr. Schrier worked tremendously hard for Morris County, did some really great things particularly regarding open space, and was the lead force in the County’s September 11 Memorial. Mr. Schrier has also resigned from the Mendham Township Committee, which the Councilman senses could be unfortunate for Randolph, since Mr. Schrier was a lead proponent for shared services proposed between Mendham Township and Randolph. Councilman Algeier asked that the Council consider passing a resolution of thanks to Jack Schrier in recognition of all of the work he has done over the years as a Mendham Township Council member and as a Morris County Freeholder and for the cooperation he has shown to Randolph Township in regard to shared services.

Deputy Mayor Guadagno reported that the Community Services Committee has selected Jim Corbett as chair and Dolores Madison as secretary. The Committee is going to go through a process of re-establishing their function and purpose.

Mayor Mitsch reported that she spoke at a recent Randolph Chamber of Commerce meeting about various things happening in Randolph and also about plans at the Economic Development Committee to work more closely with local businesses.

Manager Lovell commented that Jack Schrier worked very closely with Randolph on Clyde Potts and that he will miss working with him. The Manager stated that, with mixed emotions, he has accepted John Van Brunt’s retirement notice to be effective at the end of April. Manager Lovell will begin the process of finding a successor and will keep the Council apprised.

Councilman Algeier noted that many people will likely be interested in filling this position and he suggested publicizing the position to the widest audience possible.

COMBINED ACTION ITEMS

Councilman MacArthur asked why the applicant for the Community Development Block Grant is not doing a presentation to the Council since the YMCA gave a presentation at the last meeting.

Manager Lovell responded that private non-profit organizations must submit their application to the Council to be passed along in a public session. Typically the Manager will offer a quick presentation regarding the application. However, since the Manager is a member of the Board of Trustees for the YMCA, he felt it would be better for him to step away and have the Director make the presentation instead.

Councilman Algeier made a motion to approve the Combined Action Items. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

A. Authorize Mayor to Sign Agreement With Sims Recycling Solutions For Disposing of Electronics

R-43-11

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to sign an agreement between Randolph Township and Sims Recycling Solutions, Inc; and

WHEREAS, Sims Recycling Solutions (SRS) agrees to provide Randolph with a container for the storage, pick-up and disposal of collected electronics.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for Mayor Trina Ruane Mitsch to execute the Agreement.

B. Authorizing Support of Application for CDBG Grant for Repairs at Group Home Located at 40 Schoolhouse Road

R-44-11

WHEREAS, John Komisor, on behalf of Delta Community Supports, has made application for CDBG grant money to replace an existing wood deck, as well as the construction of a new roof over the deck, and the replacement of the concrete porch at a group home located at 40 Schoolhouse Road in Randolph, NJ; and

WHEREAS, part of the application process is to present the project to Council for their acknowledgement; and

WHEREAS, the Township Council recognizes that this organization provides a vital commendable service to the community and the residents of 40 Schoolhouse Road.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, does hereby support Delta Community Supports in their request for a CDBG Grant.

C. Authorize Mayor to Sign Statement of Support for the Guard and Reserve

R-45-11

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to sign the Statement of Support for the National Guard and Reserve; and

WHEREAS, the Statement promotes employer support of their employees in the National Guard and Reserve and their families.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for Mayor Trina Ruane Mitsch to execute the Statement.

D. Authorize Purchase From MCCPC—Contract 3 for Rock Salt and Liquid Calcium Chloride From Various Vendors

R-46-11

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #3, Rock Salt and Liquid Calcium Chloride, from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $300,000.00; and

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 from Morris County Cooperative Pricing Council Contract #3 as needed for all departments in the Township.

E. Authorizing Road Closures on Saturday, June 11, 2011, for Randolph Education Foundation 5K Run

R-47-11

WHEREAS, the Randolph Education Foundation (REF) is requesting road closings and Randolph Township Police Department assistance on June 11, 2011, for a 5K run that will benefit the Randolph Township Schools; and

WHEREAS, the mission of the REF is to provide funding for innovative programs that enhance the preparation of students and all proceeds from the race will go directly to the foundation.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council supports the road closings for the Randolph Education Foundation 5K Run /3K Walk.

F. Raffles

(1) Social Affairs Permit, St. Matthew the Apostle Parish, March 12, 2011, 7:00 p.m. to 12:00 a.m., 335 Dover Chester Road, Randolph

(2) On-Premise 50/50, Morris Habitat for Humanity, February 26, 2011, 6:00 p.m. to 11:00 p.m., Meadow Wood Manor, 461 Route 10 East, Randolph

APPOINTMENT OF TAX APPEAL LEGAL COUNSEL—Fred Semrau, Esq.

Manager Lovell stated that a couple of years ago the attorney who had been handling Randolph’s tax appeals joined with a law firm that has several conflicts in Randolph Township. As a result of that, the Township has expended a great deal of extra money dealing with those conflict cases. This past fall a determination was made to accept proposals from other attorneys in accordance with the guidelines for a fair and open process. Councilman Algeier assisted in putting together the request for proposals and specifications, and the position was advertised on the web site. Several interested firms contacted Randolph and interviews were conducted, and Mr. Semrau is the candidate that is recommended to the Council.

Deputy Mayor Guadagno noted that this is the first time this position has been handled through the open bid process. He asked if the Manager would be going through a similar process for other legal positions.

Manager Lovell responded that he had a high level of comfort with this process for this position and that of the public defender. He does not have the same comfort level in this process for other legal positions at this time, although he may feel differently in the future.

Councilman Algeier stated that the positions of public defender and tax appeal attorney were both positions that, for various reasons, needed to be looked at this year. The Councilman does not suggest that the other legal positions be handled in the same fashion.

Councilman Algeier made a motion to appoint Fred Semrau as the Tax Appeal Legal Counsel. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

REVIEW AND SET PROPOSED AGENDA FOR FEBRUARY 3, 2011 REGULAR MEETING

Manager Lovell stated that the agenda will be added to over the course of the next several days. The Manager reviewed the proposed agenda with the Council.

DISCUSSION ITEMS

1. Morris County JIF Resolutions

Manager Lovell noted that Michael Soccio has been Randolph’s representative to the JIF for many years. In an effort to reduce liability for municipalities, the JIF has presented a number of resolutions to all of its member communities and is asking that they support and forward those resolutions to their state legislative delegation. The proposed resolutions are as follows:

a. 6-11—Repeal of Sick Leave Injury

Manager Lovell noted that this proposed resolution deals with repealing the use of sick leave when there is an injury. Currently workmen’s compensation pays a percentage of an employee’s salary and then sick leave accumulated by that employee can be added, and the possibility exists that the combination of the two will exceed regular pay. The JIF believes this creates an incentive for an employee to not return to work. As an aside, workmen’s compensation is higher amongst public workers and municipal government workers than any other classification of workers.

b. 7-11—Attorney Fees in Litigation Against Public Entity

Manager Lovell noted that the suggestion is to cap legal fees at a lower amount.

c. 8-11—Local Government Immunity for Sidewalk Injuries

Manager Lovell noted that many towns have adopted resolutions or ordinances that place the responsibility for maintenance of sidewalks on fronting property owners. Randolph does not have such an ordinance in place and he suggested addressing that issue. The JIF believes that there should be local government immunity for sidewalk injuries.

d. 9-11—Strengthening Weather Immunity

Manager Lovell stated that currently the language is not as clear and concise as the JIF would like it to be. The JIF suggests that language be clear that when weather is a significant factor when an accident or injury takes place the community will have immunity.

Deputy Mayor Guadagno made a motion in support of JIF Resolutions 6-11 (Repeal of Sick Leave Injury), 8-11 (Local Government Immunity for Sidewalk Injuries), and 9-11 (Strengthening Weather Immunity). Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Algeier stated that he does not agree with the proposed resolution concerning attorney’s fees. The Councilman noted that the reason for establishing attorney’s fees in these types of cases is because meritorious cases protecting people’s rights may not be brought if the attorney can’t be paid adequately.

Council discussed the proposed resolution.

Councilman Loveys and Councilman MacArthur stated that they feel support of this resolution would be beneficial to the municipality by reducing costs.

Deputy Mayor Guadagno stated that if this resolution gets to the Legislature, it will likely be altered somewhat. However, he would like the Legislature to know that municipalities are serious about this issue and want to see changes.

Deputy Mayor Guadagno made a motion in support of JIF Resolution 7-11 (Attorney Fees in Litigation Against Public Entity). Councilman MacArthur seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Algeier

ABSENT: Councilman Obremski

2. Update DPW Building Project

Manager Lovell reported that the architect is moving forward on the design at this time and will have a project budget ready for review shortly. The cost for the project will be split as suggested by the Council, which was that 40 percent will be paid by the Township, 33 percent will be paid by the Randolph Board of Education, and Water and Sewer will each pay 13.5 percent. The Engineering Department is undertaking the project site plan design and drawings in-house and the Manager will be appearing before the Planning Board for review next month. The Department of Public Works will undertake the demolition of the existing building and the construction of a new septic system, which will both result in substantial savings.

3. Donation of Properties—Peppermill and Winchester

Manager Lovell reported that there are a number of properties in Randolph Township where developers held out a lot for one reason or another, typically a lot that was not developable. The Manager is being contacted by the developers of Peppermill and Winchester asking if the Township would accept the donation of these lots. The Manager suggested that there is no value in either of these lots. It is possible that if the lots are not accepted, eventually the owners may stop paying taxes on them. If those properties remain on Randolph’s tax rolls, the township will still have to pay the taxes to the Board of Education and to the County. If the donation is accepted, the properties become exempt and are no longer on the tax rolls. The Manager believes that, if these tracts are not developable, their value should be assessed accordingly and suggested that Darren Carney and Barbara Gothie be instructed to take the steps necessary to see that done.

Council indicated agreement with the Manager’s proposal.

Councilman MacArthur suggested the property owner adjacent to the County College of Morris approach them to see if the college would be interested in the donation.

4. 2011 Budget Schedule

Manager Lovell requested that the Council change their budget meeting scheduled for March 5 to February 26. Doing this would allow for introduction of the budget on a timely basis and have a hearing on it at the Regular Meeting in April. The Manager and Finance Director expect to hear from the state regarding state aid sometime around February 22.

Council agreed to change the meeting date to February 26, 2011.

5. Approvals and Applications for Development

Manager Lovell had requested that Darren Carney provide information on pending applications before the Board of Adjustment and the Planning Board as well as applications that have already been approved but where development has not yet occurred. That information was provided to the Manager and was forwarded to the Council for review. The Manager’s comments included the following:

  • Gordon Randolph MAB Project—property next to CVS on Dover Chester Road—project has been approved but construction of a 3,680 square foot bank and 9,900 square foot retail space has not begun—construction may begin in 2011
  • Learning Experience—project proposed at the jug handle of Dover Chester and Route 10—now a medical office building in lieu of a nursery school and day care center—12,500 square foot facility—start of construction is uncertain at this time
  • Amelia Lubrano—off Jodilee Lane—3 lot subdivision—construction is expected to begin in the spring of 2011
  • Ridge at Randolph—25 lot subdivision also known as Nitti property—property is in the process of being transferred to Toll Brothers—construction is expected to begin in 2011
  • Envision Properties—office/commercial site proposed next to Midas Muffler on Route 10 East—attractive project—approved two or three years ago—20,875 square feet—no start date for construction at this time—most likely construction is contingent on getting tenants
  • Habib Kahn—on Dover Chester Road—proposing construction of a retail facility with an apartment unit on top—Ironia Drug Store will be housed in it—3,385 square feet—construction expected to begin in 2011
  • Grecco Realty—90,000 plus square feet with several apartment units—COAH obligation on the property—under construction at this time—site plan has been put to rest for the winter—expect to continue construction once weather breaks—Mr. Grecco advises that he has a realtor who is actively marketing the site
  • Cruz Properties—on Dover Chester Road—teardown of an existing house—3 homes are being built on the property—the first house is being built on Dover Chester Road just south of Sussex Turnpike—attractive 2 family home—property owner is building his own home on the site and will be living there when the project is done
  • 1030 Route 10 West—Music Den—under construction
  • Japar—West Hanover Avenue—church property to be developed into 6,000 square feet of retail/office/daycare facility—very attractive project—been sitting for a number of years probably due to the collapse of the economy
  • Aspen Drive—a 40,000 square foot building expected to begin construction this spring at 101 Aspen Drive
  • Skyhil Corporation—Manager is attempting to make contact with owner of Skyhil to determine status is of the hotel—there has been no contact with the township on this project since last November
  • Gangemi—single lot subdivision—construction expected to begin this spring
  • Waseem Enterprises—Shell Station on South Salem Street—looking to add on with a convenience store—expect construction to begin in 2011
  • Don Smith—bought Phil Rich property on Canfield Avenue—looking to develop an office—construction expected to be completed in 2011
  • Peter Elling—house on Quaker Avenue destroyed by fire—construction expected to be done in 2011
  • SJC Builders—proposing construction of a daycare/office building—24,000 square feet on Route 10 eastbound between Canfield and Dover Chester—expect to see groundbreaking in 2011
  • Kensington Square—construction of 116 unit town homes off of Brookside—Manager in discussions with developer—issues concerning water and sewer—if those issues are worked out during spring and summer, that project will move forward and will probably be back in front of Planning Board addressing three-story senior units looking to build as town homes
  • Heritage 55—construction of 31 age-restricted houses on Calais—waiting for water—can go forward this year with 15 units—project may start in 2011—economy has been a problem and permitting from state was nightmare for that project
  • Randolph Diner—approved at last meeting of the Board of Adjustment—expect to see some activity in 2011

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reported that Randolph received a recycling tonnage grant, the second highest awarded in Morris County. Mrs. Stewart alerted the Council that she will be pressing two issues over the next few months, one being the adoption of an ordinance banning smoking in public areas when children are present and the other being an attempt to change state law regarding billing for emergency transportation services.

Maria Martorana, 1 Wilkeshire Boulevard, asked when recycling for electronics will be available to the public.

Councilman Algeier responded that electronics recycling is available at the Recycling Center at this time.

Mrs. Martorana asked if the town has an ordinance regarding the shoveling of sidewalks. Manager Lovell responded that there is an ordinance in place that requires sidewalks in critical areas and designated school routes to be cleared of snow and ice.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier distributed a copy of a memorandum that was distributed to all department heads concerning safety issues relevant to what’s going on in Town Hall and issues concerning inspections. The Councilman stated that it has been brought to his attention by another municipal official that there somewhat of a controversy as to how the 1.5 percent insurance contribution by employees is applied. He asked the Manager to contact the League of Municipalities for a ruling on this critical issue.

Mr. Soccio stated that he will have the JIF review the 1.5 percent law and determine whether or not it is being applied correctly.

Councilman Napoliello asked if any date has been set for recognizing the Randolph high school football team for their recent championship.

Mayor Mitsch responded that invitations have been sent and the Clerk’s Office is waiting for a date from them.

Deputy Mayor Guadagno stated that he noticed that one bid for the proposed fire truck acquisition is substantially lower than the others and asked how the award is determined.

Manager Lovell responded that the company who provided the low bid went through bankruptcy in recent years and is getting back to building trucks. The process of awarding the contract is that the Fire Chief and his committee will review the bid packages and come to the Manager with their recommendation. If the low bid is rejected, the reasons for the rejection must be justified and will be reviewed by the Township Attorney.

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. Tax Appeals
B. FOP Grievance

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 9:50 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Napoliello made a motion to return to Open Session at 10:55 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Algeier made a motion to deny the FOP Grievance from Officer Zenes. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 10:57 p.m.

________________________________
Donna Marie Luciani
Township Clerk

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