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Township Council » Meetings » Minutes: March 17, 2009

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

Minutes: March 17, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. 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 January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 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 January 15, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price (via telephone)
Deputy Mayor Alpert
Mayor Metz

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

Mayor Metz led the Pledge of Allegiance.

APPROVAL OF MINUTES

A. Regular Council Meeting Minutes:

(1) February 17, 2009

Councilman Obremski made a motion to approve the minutes as presented. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price

(2) February 21, 2009

Councilman Algeier made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price

(3) February 26, 2009

Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilman Algeier
Councilwoman Price

B. Executive Session Minutes:

(1) February 17, 2009

Councilman Obremski made a motion to approve the minutes as presented. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that the Traffic Advisory Committee has reviewed the proposal for the placement of stop signs at various intersections in town and has unanimously recommended the placement of those signs. A new sub-committee has been formed to complete a report following the public hearing on the intersection of Dover Chester Road and Route 10. It will be comprised of seven members from the public, led by Jim Moraska, who have expressed interest and will deal with the safety recommendations made at the public hearing. The Councilman, Township Manager, Norma Jacobs, and Mark Caputo met with Mendham Township representatives to discuss the Seeing Eye property that borders Randolph Township for use as a potential animal facility. There will be discussions on the issue of Randolph providing animal control services to Mendham Township in the future.

Manager Lovell thanked Councilman Algeier for his efforts in starting the dialog on this issue.

Councilman Algeier reported that there were very few accidents resulting in either property damage or personal injury during the first few months of the year. It shows an improvement over last year and is due in part to changes in policy that were recommended by the Safety Committee.

Deputy Mayor Alpert noted that he, the Township Manager, and the Police Chief will be attending the Greystone Security Council Meeting on April 22 at 10:00 a.m.

Mayor Metz reported that the Library Board is working with the Township Attorney’s office and Morris County regarding the use of the library computers relating to first amendment rights. Plans for High School Senior Career Day on April 22 are moving forward. Approximately 60 businesses and 150 seniors have expressed interest. Members from the Economic Development Committee will try to make themselves available that day to monitor activities at the various businesses. The Mayor noted that any Council member interested would be welcome to participate in the monitoring process. Letters will be sent to the various businesses in town introducing the EDC and its mission. The businesses that take part in Senior Career Day will be invited to an EDC meeting so they can meet the committee and learn more about Senior Career Day. Mayor Metz reported that the mayor of Morris Plains is keeping him informed on the issues regarding Morris County and the state relating to the Greystone property. Approximately 550 people have signed up for the email alert system. The high school hockey team will be playing in the finals on Saturday at the Prudential Center against Ridge High School. Mayor Metz will be attending a luncheon at Prudential Center on March 19 along with the teams, coaches, athletic directors, and mayors of participating towns. Manager Lovell reported that the solar roof initiative is moving forward with the Morris County Improvement Authority for the Library and Municipal Building. Projects with Allies, Inc., and Habitat for Humanity are moving forward and Memorandums of Understanding should be ready shortly for the Council to review. An engineering firm will be selected for site design and a consultant will assist in the remediation of the site. Close to 100 percent of testing and design of remediation will be covered by grants, and approximately 50 percent of clean-up costs will be covered by grants. It is believed that the site could be cleaned up within three years. Darren Carney will be providing the Council with a letter for their approval authorizing these projects to move forward, and that will lock the developer funds into place. John Van Brunt is reviewing architectural proposals for the Community Center and will offer his recommendations to the Township Council shortly.

COMBINED ACTION ITEMS

Councilwoman Mitsch made a motion to approve the Combined Action Items. Councilman Algeier 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
Mayor Metz

NAYS: None

A. Professional Services Agreement for Webmaster Services

R-107-09

WHEREAS, the Township of Randolph has a need to acquire Pavia Kriegman/Paviaweb.com as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this Governing Body; and

WHEREAS, Pavia Kriegman/Paviaweb.com has indicated they will provide the Webmaster Services for an amount not to exceed $5,700.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Pavia Kriegman/Paviaweb.com as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in 2009 Budget, Data Processing, Other Expense, to award a contract to Pavia Kriegman/Paviaweb.com for Webmaster Services in the amount not to exceed $5,700.00.

________________________
Michael J. Soccio
Chief Financial Officer

B. Raffles

(1) On-Premise 50/50, Randolph High School Forensics Boosters, April 19, 2009, 6:00 p.m. to 10:00 p.m., at the Meadow Wood Manor. 461 Route 10 East, Randolph

(2) Off-Premise 50/50, Employment Horizons, Inc., October 15, 2009, 6:30 p.m. to 9:30 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

(3) On-Premise Tricky Tray, Housing Partnership for Morris County, November 5, 2009, 6:00 p.m. to 9:30 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

(4) Off-Premise 50/50, Housing Partnership for Morris County, November 5, 2009, 6:00 p.m. to 9:30 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

DISCUSSION ITEMS

(1) Potential Federal Grant Application—Law Enforcement

Chief Mason provided an overview of the COPS Hiring Recovery Program, part of the 2009 stimulus package. His comments included:

  • The township could increase the size of the police department without a monetary match by the township
  • There is 100 percent funding for approved entry level salaries and benefits for a three year period for full time officers
  • The funding must be used to hire new officers or unfunded positions, to rehire officers that have been laid off, or those scheduled to be laid off
  • Any additional costs in salaries and benefits during that three year period would be the responsibility of the township
  • After the three year grant period, those positions would have to maintained for an additional twelve month period
  • While the Chief is aware of the current economic climate, he would recommend that two officers be hired under this grant program
  • Over the next three to four year period, the department is facing the potential of 25 percent of the work force being eligible to retire
  • The size of the police force has not grown in several years despite the fact that the residential, business, and school communities have grown

Deputy Mayor Alpert stated that he is familiar with the grant and noted that it is probably the best grant he has seen in many years. He believes that in the long run it will be less expensive for the Township to use the grant than to not act on it.

Manager Lovell clarified that grant dollars for two officers would probably be around $160,000 each year for three years. The incremental increases in salary and benefits during those years would likely be minimal. His concern comes from what happens after the initial three year period and whether or not 42 officers have to be maintained. If so, $160,000.00 will have to be incorporated into the budget, and with the current levy cap he can’t guarantee that kind of flexibility in three years.

Chief Mason responded that if the Township were unable to maintain the positions for that twelve month period, the Township would then be unable to participate in any further COPS grant funding for a three year period. However, the grant money for the two additional officers would not have to be repaid. There is a four week window of opportunity for the grant, which closes on April 14.

The discussion temporarily ended while Chief Mason checked on the issue of what happens should the Township not be able to maintain those two positions for the additional twelve month period.

(2) Proposed Ordinance Requiring Lot Grading Permits—Revised

Manager Lovell noted that the Council had indicated a concern over the way in which the proposed ordinance was structured and wanted to make sure that if a waiver was granted, the applicant would not be put through all of the steps of the ordinance. In this re-write, language was changed and the waiver language moved up to the front of the ordinance. Putting it up front makes it clear that the engineer can grant a waiver and there are no further steps required.

Councilman Algeier suggested language that would clarify that Section 52.2 is intended to take precedence over 52.1. He also requested a sunset clause be included in the ordinance.

The Township Attorney agreed with the suggestion made by Councilman Algeier. He noted that a sunset clause already exists in the proposed ordinance.

Manager Lovell suggested having the ordinance expire in December 2010. By doing that, there will be sufficient time to readopt the ordinance before the next grading season. The proposed ordinance will be ready for introduction in April.

(3) Return to Law Enforcement Grant Discussion

Chief Mason confirmed that, if the Township was unable to maintain the two positions for an additional twelve month period, the Township would be unable to apply for any further COPS grants for a period of three years from the date of notification. COPS grants usually provide for personnel or items related to law enforcement.

Councilwoman Price noted that there was no harm in applying for the grant and seeing if Randolph is awarded the money.

Manager Lovell agreed that the fine print of the grant contract can be studied further if the grant is awarded.

Deputy Mayor Alpert made a motion that the township apply for two positions under the COPS Hiring Recovery Program grant. 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
Mayor Metz

NAYS: None

(4) 100 Percent Disabled Veteran Exemption

The Manager reported that a veteran is asking for a tax exemption going back several years. It has been the policy of the Township to award exemptions for the year in which it was applied for. The Manager also noted that taxes already distributed to the county and board of education can not be recouped. He suggested continuing the standard of providing exemptions to January 1 of the current year.

The Veteran’s Administration was contacted regarding this issue. They felt that Randolph was very cooperative in doing so and think it’s an appropriate response to the request. A resolution will be prepared for the next consent agenda.

(5) Interlocal Services Agreement Discussions with Roxbury and Mendham

Manager Lovell reported on shared services discussions with Mendham and Roxbury. His comments included the following:

  • Animal control with Mendham Township looks very doable
  • There is potential for Randolph and Mendham to form an alliance for police departments and court departments
  • The first step of combining the departments would be to apply for a DCA grant to undertake a study
  • Randolph would become the supplier for Mendham Township and the departments would basically merge
  • Mendham brings a higher ratio of officers to the population with 17 officers serving 6,000 residents
  • Mendham currently dispatches out of the county while Randolph currently dispatches independently with hopes of joining the county
  • The study regarding combining the two police departments should take about a year to eighteen months to complete
  • Mendham expressed interest in using Randolph’s proposed solution for washing their DPW vehicles
  • Roxbury has a Health Officer close to retirement, and Randolph has a Building Official close to retirement
  • There is potential for Randolph to absorb Roxbury’s health department and for Roxbury to absorb Randolph’s building department
  • Randolph and Roxbury staffs will begin fee alignment studies for health and building services
  • Should the towns begin these shared services, both towns will retain a clerical presence in their respective offices to receive the public
  • The Manager anticipates that the construction department will start to shrink while health should remain fairly constant
  • Discussions for shared services with Roxbury have been at the Manager level and both Randolph and Roxbury are taking those discussions to their Councils for public advisement
  • The Manager expects an ordinance modification for the fee alignments to be in front of the Council in May

(6) Budget Discussion and March 19, 2009, Meeting

Manager Lovell reminded the Council that the meeting on March 19 will begin at 7:00 p.m. Modifications to the budget were emailed to the Council. The Manager noted that the pension deferral has changed from being mandatory. Randolph will be receiving approximately $60,000.00 less in state aid from last year.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if there was going to be any budget discussion this evening.

Mayor Metz responded that the March 19 meeting will be devoted to the budget.

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello reported that he received a questionnaire from Roxbury regarding shared services and asked the Manager to take a look at it.

Councilman Algeier asked to add a litigation item to the Executive Session of the meeting to hear a report from the Township Attorney. The Councilman noted that the Manager received a memorandum from Robert Michaels concerning the cost of continuing the study of opting into the Highlands. Because the initial work provided to the Township by the Highlands was so inaccurate, the Township now has to redo all of the work to bring it up to date. While Randolph is eligible to receive $100,000.00 in grants to perform the analysis, Mr. Michaels has estimated the cost to be closer to $256,000.00. There will be a meeting of the sub-committee in a couple of weeks to discuss the situation.

Manager Lovell responded that Randolph has not yet received feedback from COAH on the first study that was undertaken. The Manager senses that after the second tier of studies are completed, Randolph will be in a better position to make a determination about opting in or not to the Highlands.

Councilwoman Mitsch asked about the submission of the completed modules to the Highlands.

Manager Lovell responded that the first module was submitted along with all of the other towns. He believes that the Highlands does not have the ability to review the modules quickly and so the towns are forced to wait for the information to come back before beginning the next module. The Manager noted that he senses there is a recognition on the part of the Highlands that the information they initially provided was so questionable. The Highlands is now requiring planners and engineers to certify amending documents because they don’t have the staff in place to do the reviews.

Mr. Buzak added that to some extent, the Highlands will view the townships as not being able to challenge numbers because the townships themselves supplied the amended numbers.

Councilman Algeier stated that the development known as The Ridge has gotten relief from the Scarce Resource Order. He views this as very good news in that there will be a quality development of high end homes and it will open up more trail work to make more open space accessible to the community.

Mayor Metz asked Chief Mason to have his staff available on Senior Career Day for some high school students who have expressed an interest in criminal justice.

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. Tilcon, NewYork v. Morris County Cooperative Pricing Council
b. Litigation—Bailey v. Randolph Township

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.

Deputy Mayor Alpert made a motion to move into Executive Session at 9:15 p.m. Councilman Napoliello 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
Mayor Metz

NAYS: None

Deputy Mayor Alpert 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:

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

NAYS: None

ABSENT: Councilwoman Price

ADJOURNMENT

The Mayor adjourned the meeting at 9:45 p.m.

_____________________________
Donna Marie Luciani
Township Clerk

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