All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: January 28, 2010
A regular meeting of the Randolph Township Council was called to order at 8:00 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.
PRESENT:
Councilman Metz
Councilman Napoliello
Councilwoman Price (arrived at 8:05 p.m.)
Deputy Mayor Mitsch
Mayor Alpert
ABSENT:
Councilman Algeier
Councilman Obremski
Also Present:Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak
Mayor Alpert led the Pledge of Allegiance.
OPEN TO PUBLIC
Seeing no one from the public, the public portion was closed.
COUNCIL AND MANAGER REPORTS
Deputy Mayor Mitsch attended a meeting of the Environmental Commission. The Commission was wondering if Randolph paid for membership to the Rockaway River Watershed Cabinet this year.
Manager Lovell responded that funds are not being budgeted for that this year.
Deputy Mayor Mitsch asked the Manager to explain the land situation relating to the Seeing Eye property in Mendham.
Manager Lovell responded that part of the land owned by Seeing Eye is located within Randolph. Randolph and Mendham would like to use that property for a shared services facility for animal control. Since the property was purchased using Green Acre funds, Randolph is now going through a process of selecting parcels in town that were not acquired with any Green Acre or open space funding to qualify as a “swap.” A decision and recommendation to the Council on those properties will be made within the next several weeks.
Mayor Alpert reported that he and Police Chief Mason attended a program prepared by the Morris County Prosecutor’s Office on a new initiative they are starting. The program will focus on sharing information and intelligence between communities on recidivist criminals in the area.
DISCUSSION ITEMS
A. Butterworth Interceptor/Raynor Reach Pipe Bursting v. Open Trenching
Manager Lovell noted that this project has been ongoing for a number of years. Randolph is obligated to upgrade the Butterworth Interceptor. It was determined that pipe bursting would be an appropriate way to go about this process for the Raynor Reach part of the project, and the EPA initially indicated there would not be a problem with pipe bursting and would not need to issue permits. However, the pipe is an asbestos pipe and the EPA has reversed their position and indicated they would have to issue permits and have denied those permits based on the asbestos issue. The cost of open trenching this project will add about $75,000.00 to the already $1.6 million project. There is a second portion of this project known as the Bradford Reach that is to be done by the Kushner Corporation and Randolph has a responsibility to share in the cost of that construction as well. That project is much more complex and relies heavily on the pipe bursting technology and it is unknown at this time how that part of the project will go forward. The Manager will present a change order reflecting the additional cost of the project to the Council for approval at the next meeting.
B. Senior Community Center—Site Plan—India Brook Village Entrance Drive
Manager Lovell reported that a proposed driveway to be constructed in conjunction with the renovation of the Community Center will need to drift onto the driveway easement that exists at India Brook Village. The Manager has been in touch with the administration from the housing authority and believes both parties will be able to enter into a shared services agreement that would provide Randolph with access to that property.
C. Police Promotional Testing Services
Manager Lovell reported that they are ready to move forward with the promotional activities for the rank of sergeant. The same firm who administered the lieutenant’s test last year has submitted a proposal for $9,505.00 to perform the testing this year. The test will be run in compliance with Randolph’s ordinance. A professional services agreement will be placed on the next meeting agenda.
D. CCM Men’s Lacrosse—Freedom Park Artificial Turf Field
Manager Lovell stated that the County College of Morris is requesting use of the turf field at Freedom Park for their men’s lacrosse team. They have asked that Randolph waive the fees for the use of the field. Randolph has enjoyed a long relationship with the college and has used their facilities over the years. It has been recommended that the fees be waived with the exception of the cost of utilities.
E. Shared Service—GEM
Manager Lovell reported that GEM (Government Efficiency Morris) has suggested several areas where shared services make sense for municipalities. The Manager noted that Randolph is already involved in several areas of shared services and has proposals for more in the future. The Manager has been selected to serve on a group that will study tax assessments in the county.
F. Continuation of January 21 Discussion on Setting Goals
Manager Lovell highlighted the points discerned from the meeting on January 21 outlining Randolph’s goals and objectives for 2010 and beyond. Those points included:
- Maintain and preserve Randolph’s high quality of life in accordance with our Mission Statement
- Preserve and protect Randolph’s AA+ bond rating
- Fiscal stability and conservative management
- Seek out revenue opportunities
- Continue and transition from a growing community to a community that is essentially built-out
- Pursue shared service agreements so as to benefit efficiencies and/or enhanced levels of service
- Stewardship of Randolph’s open space assets
- Enhanced communications wherever possible so as to increase public awareness
- Ensure stability in the municipal organization’s work force
- Open a dialog with the owners of the Quaker Village garden apartment complex with an eye towards bringing about reinvestment in the aging apartment units including condition
- Protect Randolph’s housing stock by effectively obeying property maintenance violations, and as part of that, re-emphasize stacking regulations and tell tale signs, same with Randolph’s emergency response personnel
G. CDBG Grant Application—Group Home at 40 Schoolhouse Road
Manager Lovell received a letter from the owners of the group home at 40 Schoolhouse Road asking for Council approval for a CDBG grant to reconstruct a bathroom and kitchen. He noted that this item has now been discussed in open session as required.
COMBINED ACTION ITEMS
Councilman Metz made a motion to approve the Combined Action Resolutions. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT:
Councilman Algeier
Councilman Obremski
A. Refund/Adjustment Resolutions
(1) Refund Registration for Ice Hockey Program to Suzanne and Rolando Castro—$1,475.00
R-47-10
WHEREAS, Suzanne and Rolando Castro registered their child for the 2009/2010 Ice Hockey Program and paid the fee of $1,475.00; and
WHEREAS, their child will not be participating in the program due to a medical injury.
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 John Van Brunt, Director of Parks, Recreation and Community Services, that 1,475.00 be refunded to Suzanne and Rolando Castro, P.O. Box 304, Mt. Freedom, NJ 07970.
B. Authorizing Randolph Township to Provide Animal Control Services to the Borough of Rockaway
R-48-10
WHEREAS, the Borough of Rockaway wishes to obtain Animal Control Services from the Township of Randolph; and
WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Borough of Rockaway.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.
C. Authorizing Randolph Township to Provide Health Services to the Borough of Rockaway
R-49-10
WHEREAS, the Borough of Rockaway wishes to obtain Health Services of a technical and professional nature from the Township of Randolph; and
WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement, dated January 1, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Borough of Rockaway.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.
D. Authorizing CCM Men’s Lacrosse Team to Use Freedom Park Field at No Fee With the Exception of Other Associated Costs
R-50-10
WHEREAS, the County College of Morris (CCM) is requesting the use of the Freedom Park turf field for the Men’s Lacrosse team; and
WHEREAS, CCM is further requesting that the fee for use of the field be waived; and
WHEREAS, CCM agrees to accept financial responsibility for all other associated costs such as light fees, supervisory, and maintenance staff (when needed); and
WHEREAS, CCM has given its full support to Township functions, i.e. the Freedom Festival, for many years; and
WHEREAS, Parks and Recreation Director John Van Brunt supports this request.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that authorization has been given for use of the Freedom Park turf field by the Men’s Lacrosse Team of the County College of Morris.
BE IT FURTHER RESOLVED that the fee for the use of the field will be waived, with the exception of all associated costs.
E. Authorize Memorandum of Understanding with Borough of Mendham and Township of Mendham for the Development of a Shared Services Agreement—Animal Control Services
R-51-10
WHEREAS, the Township of Mendham and the Borough of Mendham wish to obtain Animal Control Services from the Township of Randolph; and
WHEREAS, all parties agree to abide by the provisions set forth in the Services Agreement dated January 28, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Township of Mendham and the Borough of Mendham.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.
F. Rejecting All Re-Bids Received on January 12, 2010, for MCCPC Contract #32—First Aid Supplies
R-52-10
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) received bids for the second time on January 12, 2010, for MCCPC Contract #32 (First Aid Supplies); and
WHEREAS, four (4) bids were received for the re-bid of MCCPC Contract #32 (First Aid Supplies); and
WHEREAS, the Township Attorney (Tiena Cofoni, Esq.) has evaluated the bid proposals and recommends that all bids be rejected due to the complexity of comparing the various prices in the bidder’s catalogs and discounts that were bid; and
WHEREAS, it is also the recommendation of the Township Attorney not to proceed bidding Contract #32 (First Aid Supplies) in the future and drop from the list of contracts bid on behalf of the MCCPC due to the complexity of awarding a contract in compliance with the Local Public Contracts Law.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the re-bids taken on January 12, 2010, for MCCPC Contract #32 (First Aid Supplies) be rejected and dropped from the list of contracts bid on behalf of the MCCPC in the future due to the complexity of awarding a contract in compliance with the Local Public Contracts Law.
G. Approving Participation With the State of New Jersey Division of Alcoholic Beverage Control Program to Enforce the Underage Drinking Laws State Block Grant Program—COPS IN SHOPS
R-53-10
WHEREAS, the Division of Alcoholic Beverage Control (ABC) is responsible for administering the Office of Juvenile Justice Delinquency Prevention (OJJDP) State Block Grant Program Enforcing the Underage Drinking laws; and
WHEREAS, the Randolph Township Police Department wishes to apply to ABC for funds in connection with a project entitled COPS IN SHOPS; and
WHEREAS, Randolph Township has reviewed said application and find approval thereof to be in the best interest of the municipality/county; and
WHEREAS, said project is a joint project between the State of New Jersey (ABC) and Randolph Township for the purposes therein described.
NOW, THEREFORE, BE IT RESOLVED by the Township Council (1) that as a matter of public policy, Randolph wishes to participate with the State of New Jersey (ABC) to the greatest extent possible; (2) that the Division of Alcohol Beverage Control (ABC) be requested to accept said application on behalf of the municipality/county; and (3) that the appropriate fiscal officer will accept the funds in connection with said project from the ABC and make disbursements in accordance with said application.
H. Raffles
(1) On-Premise 50/50, Rockaway Township Lion’s Club, February 6, 2010, 7:00 p.m. to 12:00 a.m. at the Skylands, 792 Route 10, Randolph
(2) On-Premise 50/50, Morris Habitat for Humanity, February 27, 2010, 6:00 p.m. to 11:00 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph
(3) Off-Premise Merchandise Raffle, Greek Orthodox Community Center of Randolph, June 27, 2010, 12:30 p.m. at St. Andrew Hall, 1447 Sussex Turnpike, Randolph
(4) On-Premise 50/50, Rams Athletic Council (RAC), March 24, 2010, 6:30 p.m. to 10:30 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph
(5) On-Premise Merchandise Raffle, Rams Athletic Council (RAC), March 24, 2010, 6:30 p.m. to 10:30 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph
(6) Tricky Tray, Milton Tri School PTA, February 19, 2010, 6:00 p.m. to 10:00 p.m., at the Skylands, 729 Route 10, Randolph
(7) On-Premise Merchandise Raffle, Mountainview PTA, March 21, 2010, 4:00 p.m. to 10:00 p.m. at the Skylands, 729 Route 10, Randolph
SET PROPOSED AGENDA FOR COUNCIL MEETING ON FEBRUARY 4, 2010
The Council reviewed the proposed agenda.
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, thanked the Council for their service over the last year. She shared an article with the Manager regarding shared services and merging towns in an effort to save money. Mrs. Stewart feels it is important to hang on to local government since they are more responsive to their local citizens. She encouraged the Council to keep exploring additional areas for shared services. In the area of a shared police force, Mrs. Stewart encouraged the Council to insure there is always a police presence in the building. Mrs. Stewart formally objected to the Council holding a budget discussion on February 20 as that is the same day the Board of Education is holding their budget meeting and it precludes people from attending both meetings.
Steven Kepler requested that his hearing be held in open session this evening.
Manager Lovell responded that it is Mr. Kepler’s right to request that his hearing be held in public. The issue will be taken off the Executive Session schedule and handled after Council and Manager Comments.
COUNCIL AND MANAGER COMMENTS
Councilwoman Price reported that the Community Services Advisory Committee has changed their meeting schedule. They will now be meeting on the fourth Monday of the month. The Senior Picnic will be held on June 15, 2010, and the Senior Olympics will be held on June 2, 2010.
HEARING—STEVEN KEPLER
Manager Lovell stated that Officer Kepler retired from the Township of Randolph. The circumstances surrounding his retirement were discussed with the Council in the past. The Township has paid him for his compensatory time. At this point there is an outstanding issue dealing with vacation time and sick time. A grievance was filed by the FOP on Officer Kepler’s behalf and the FOP attorney has offered to settle the matter. The settlement calls for the Township to pay sick time but not to pay vacation time. Randolph’s perspective on the statute is very clear that vacation time not be paid given the circumstances leading to his retirement. The FOP contract guides the payment of sick time and makes no reference to officers retiring in good standing. It is the Manager’s opinion that the matter be settled with Mr. Kepler receiving $19,188.36 for accrued sick time.
Mrs. Kepler, 1 Cotter Lane, Wharton, expressed her frustration with the way in which the case was handled.
Councilman Napoliello made a motion to approve the settlement outlined by Manager Lovell. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch*
Mayor Alpert
NAYS: None
ABSENT:
Councilman Algeier
Councilman Obremski
* Deputy Mayor Mitsch noted for the record that this issue has been discussed at length in Executive Session. There are many aspects of this case that can not be discussed in open session.
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. FOP Grievance—January 20 Letter From Knapp
B. Personnel
3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.
4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.
Mr. Kepler noted that it was a pleasure serving Randolph for 25 years.
Deputy Mayor Mitsch made a motion to move into Executive Session at 8:35 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT:
Councilman Algeier
Councilman Obremski
Councilman Metz made a motion to return to Open Session at 8:50 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT:
Councilman Algeier
Councilman Obremski
Councilwoman Price made a motion to decline to hear the grievance due to the fact that it was not filed in a timely manner. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert
NAYS: None
ABSENT:
Councilman Algeier
Councilman Obremski
ADJOURNMENT
The Mayor adjourned the meeting at 8:51 p.m.
_____________________________
Donna Marie Luciani
Township Clerk