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Township Council » Meetings » Minutes: March 31, 2011

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

Minutes: March 31, 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 (arrived 8:15 p.m.)
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

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

PRESENTATION—Randolph Health Department Presentation on Immunization by Colleen Hintz, Public Health Nurse

Manager Lovell noted that he was shown a presentation a Colleen Hintz, one of Randolph’s public nurses, and was so impressed that he asked her to provide the same presentation to the Council.

Mrs. Hintz noted that in New Jersey there is a bill in Committee that would allow immunization choice, meaning that any parent can pick and choose which vaccines their children receive or don’t receive for any reason. This proposed bill is a cause for concern for the public nurses in Randolph Township. She noted that California is currently a state with immunization choice and is currently in the throes of the largest vaccine preventable disease outbreak in the country. Mrs. Hintz and Mrs. Maico are involved with the New Jersey Immunization Network and support their efforts to circumvent this problem. Mrs. Hintz delivered the following presentation at the Morris County Regional Public Health Partnership Vaccine Drop of Prevention Program on March 30.

Mrs. Hintz provided an information-filled presentation to the Council on the history and significance of various immunizations.

After the presentation, Ginny Maico made several comments, including:

  • We have lost 10 children in California, 6,000 people have been hospitalized, and the threat is coming this way
  • Randolph received American Recovery dollars for adult vaccinations—500 applications were received and the money was awarded to 96 sites
  • Health authorities in the United States have changed the age guidelines for vaccines
  • Randolph was the first local health department to immunize children and has the largest program for immunizations in the state
  • Randolph was first to hold a pregnancy clinic for H1N1 in the state
  • It would be very helpful for the Council to be vocal in the community regarding the safety of vaccines.
  • New Jersey ranks near the bottom of the 50 states for adult immunizations
  • The nursing staff would love to see the line item for the adult immunization clinic increase in the budget so that more vaccines could be offered in a self-sustaining program

Judith Stewart, 115 Everdale Road, asked if a private citizen could make a long-term loan in order to enhance the vaccine program.

Mrs. Maico responded that she would need direction from Mr. Lovell before addressing this option.

PROCLAMATION—April is Alcohol Awareness Month

WHEREAS, adults who provide alcohol to those below the legal drinking age of 21 are placing those youth at risk for health, safety, and legal problems; and

WHEREAS, alcohol use by young people is dangerous, not only because of the risks associated with acute impairment, but also because of the threat to their long-term development and well-being; and

WHEREAS, it is illegal to give or allow your teen’s friends to drink alcohol in your home, even with their parents’ permission; and

WHEREAS, Randolph Township has jointed the Community Trials Intervention (CTI) Coalition which has been mobilized to reduce underage drinking by youth; and

WHEREAS, the Community Trials Intervention (CTI) Coalition promotes health choices among youth and adults; and

WHEREAS, adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol free activities; and

WHEREAS, the Community Trials Intervention (CTI) Coalition can influence public policy and legislation affecting youth, adults, and families; and

WHEREAS, the Community Trials Intervention (CTI) Coalition connects all elements of society in the struggle against underage drinking; and

WHEREAS, the Township of Randolph encourages residents to take the necessary steps to discourage the illegal and unhealthy practice, including the reporting of underage drinking by calling the “Randolph ACTion Hotline”; and

NOW, THEREFORE, BE IT RESOLVED the town of Randolph not only discourages the use of alcohol by those below the legal age of consumption, but also exhorts all residents of Randolph Township to refuse to provide alcoholic beverages to those underage youth, and will continue to take the necessary steps to discourage this illegal and unhealthy activity upon youth.

BE IT FURTHER RESOLVED that I, Trina Ruane Mitsch, Mayor of the Township of Randolph, in the County of Morris, New Jersey, ask that all the residents of the community join me in supporting the Community Trials Intervention (CTI) Coalition and Randolph Township as it works to reduce underage drinking and be it further resolved that April is recognized as Alcohol Awareness Month.

COUNCIL AND MANAGER REPORTS

Councilman Algeier recently attended a meeting of the Morris County Foreclosure Task Force as part of his responsibilities with the Housing Partnership. The Housing Partnership and many other organizations, with support from Morris County, is designing a system that will receive information from people who have foreclosure issues and they will coordinate with various social service and government organizations in an effort to assist those individuals with problems they may be facing. While foreclosures in Randolph are down, the Councilman cautioned that the reason for that may not lie solely in the up-tick of the economy but rather due to a Supreme Court directive issued as a result of mismanagement in the foreclosure industry. Councilman Algeier noted that the public health nurses are a tremendous asset to the community and is by far the best nursing team that he has come across. The Councilman strongly recommended the public watch a Frontline report on PBS called The Vaccine Wars to gain a better understanding of the importance of vaccines and the debates surrounding them.

Councilman Loveys attended a recent Morris County Municipal Summit with Deputy Mayor Guadagno, Mayor Mitsch, and Manager Lovell. At the Summit, the Morris County Improvement Authority presented an energy savings improvement program, there were discussions on strategies and solutions to meet the two percent levy cap, and there was a representative from the New Jersey DEP Office of Economic Growth and Green Energy.

Councilman Napoliello reported that he was a part of a group charged with interviewing several candidates for the position of Director of Parks, Recreation and Community Services upon Mr. Van Brunt’s retirement. Recommendations have been provided to the Manager and he will be making his final selection.

Manager Lovell thanked Councilman Napoliello, Councilman Loveys, Anne Standridge, Linda Johnson, and Joe Nazzaro for their efforts during the interview process.

Deputy Mayor Guadagno attended a recent Community Services Committee meeting. The Committee is considering extending the program that assists residents with extra help to be a month-long event. Advertising for this has been done and the Committee is awaiting the response from the public. The Deputy Mayor noted that Mr. Van Brunt will be missed by the Community Services Committee and suggested a member from his organization attend future meetings.

Mayor Mitsch reported that she attended a recent installation dinner at the Mt. Freedom Fire House. The Mayor spoke recently about her history and several issues pertaining to Randolph at the Mt. Freedom Jewish Center. One issue of particular interest to the congregation was the information that Randolph will receive $1.2 million from the DEP to begin right-of-way acquisitions along Sussex Turnpike for the proposed improvements.

Manager Lovell reminded the Council that the tour of Cohn Farm and Stony Brook Camp will be on Saturday, April 2, at 10:00 a.m. The Manager expects the tour to be completed by noon.

APPROVAL OF REGULAR COUNCIL MEETING MINUTES

(1) January 27, January 29, February 3, February 12, February 15, February 24, February 26, March 3, 2011

Councilman Algeier made a motion to approve the minutes as presented. 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

(2) March 15, 2011

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

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

NAYS: None

ABSTAIN: Councilman Napoliello

ABSENT: Councilman Obremski

COMBINED ACTION RESOLUTIONS

Deputy Mayor Guadagno made a motion to approve the Combined Action items. Councilman MacArthur 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. Authorizing Road Closing for Randolph Education Foundation (REF) 5K Run on Sunday, June 18, 2011

R-91-11

WHEREAS, the Randolph Education Foundation (REF) is requesting road closings and Randolph Township Police Department assistance on June 18, 2011, for a 5K run that will benefit the Randolph Township Schools; and

WHEREAS, a resolution was previously approved on January 27, 2011, with the date of June 11, 2011, and the need arose to delay that original date and change the date of the 5K run to June 18, 2011; 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.

B. Raffles

(1) Special Affairs Permit, Randolph Chemical Engine Co. #2, October 16, 2011, 3:00 p.m. to 7:00 p.m. at 340 Routes 10, Randolph

(2) Special Affairs Permit, Randolph Chemical Engine Co. #2, May 7, 2011, 5:00 p.m. to 9:00 p.m., 340 Route 10, Randolph

DISCUSSION ITEMS

A. Ridge at Randolph Developer Agreements

Manager Lovell noted that the developer agreements for the Ridge at Randolph have been pulled from next week’s agenda due to the issue of water for fire fighting purposes. When this project was originally proposed several years ago, there were to be 25 homes at the site served by the public water system. However, a water moratorium was issue by the DEP and this project would have required permitting. Randolph and the developer worked together to try to find a solution to the problem to no avail. When Governor Christie took office, his administration asked for suggestions from municipalities that would benefit New Jersey and one issue the Manager, Councilman Algeier, and Mr. Ferriero took to the Governor was of extending water lines and easing up on the regulatory requirements in the administrative code.

During this time, the developer appeared before the Planning Board and was granted the ability to build the project with wells and the installation of several cisterns that would have a well/pump system filling a large underground container that the fire companies could hook into if necessary.

In recent weeks it has been learned that the DEP has approved the easing of regulations. The Manager noted that this will benefit many potential projects in Randolph, especially the Nitti Mountain project. The new developer on the project has indicated they are willing to work with Randolph and the prior developer, however they do not want to seek an amendment to the developer agreements. Therefore those agreements have been pulled from the agenda and will be amended to allow for the extension of a 3,000 foot water line for fire fighting purposes only. Individual homes will be served by individual wells, however there will be hydrants on the road.

Mr. Ferriero has contacted Randolph’s attorney for developers’ agreements and has instructed him to make the modifications. The Manager expects to have the agreements back shortly. The developer will likely have to return to the Planning Board for approval of these modifications, however the Manager will attend the meeting as well and provide a full history. Manager Lovell anticipates having the agreements to the Council for approval in May.

Manager Lovell noted that the water moratorium is still in place, however there is greater flexibility. The number of units that can tie into a water line has been increased from 15 to 30. The Campo project on Calais Road will return to the Planning Board to reduce their project from 31 units to 30.

B. 2011 Budget Discussion—Local Finance Notice: Library Tax Levy Law—Summary Levy Cap Calculation

Manager Lovell stated that the state is now requiring that municipalities show the funds dedicated to libraries as a separate tax line item. He believes the state realized they were creating significant problems for many towns that have already introduced their budgets and so they modified their directive and made it cap neutral. This revision did benefit Randolph Township. The final tally on the impact appears to be about $20,091.00. Mr. Soccio has suggested carrying $25,000.00 from surplus and lowering the increase in the tax rate from 3.3 cents to 3.2 cents. This can be done by a simple resolution prior to the anticipated adoption of the budget on April 7.

Council indicated support for the Manager’s suggestion.

C. Pleasant Hill Road MCMUA Water Line Installation—Asphalt Adjustment

Manager Lovell noted that the Morris County MUA will be running a new 24 inch water line up Pleasant Hill Road. That road was in very poor condition and major renovations have been delayed in anticipation of the water line installation. The project will likely continue for several months. The staff has talked to the MUA about giving Randolph an $82,000.00 credit for the value of milling and repaving the trench that could be used towards the restoration of Pleasant Hill Road next year. The Manager is seeking Council approval for finalizing a deal with the MCMUA for the credit.

Council indicated support of the Manager’s proposal.

Manager Lovell noted that he will be meeting with the MCMUA in a week.

D. Shared Services Agreement with Board of Education—DPW Maintenance Building

Manager Lovell reported that Mr. Buzak’s office is working on a revised draft of the shared services agreement. Once he receives the document from Mr. Buzak he will forward it to the Board of Education for approval. After approval, the Council will be asked to adopt a bond ordinance to fund this project.

E. Fire Truck Bid Review

Manager Lovell noted that there has been a thorough review of the three truck bids received. The low bidder did not meet the requirements of the specification by bidding an older generation engine and lighter chassis than was required. The truck is expected to last 30 years or so, and making necessary repairs to an older generation engine could become problematic in the future. More significantly, since the low bidder did not meet the specification standard, accepting that bid could be challenged by the other bidders. Documents from the second low bidder are currently in final review and the Manager anticipates being in a position to award a contract on April 7 to Pierce Manufacturing, the second low bidder.

Deputy Mayor Guadagno asked if the Manager feels there will be a challenge to the contract award.

Manager Lovell responded that the low bidder has no challenge. However the other two bidders were close in price so he doesn’t know whether or not the third bidder will ultimately challenge the award. Neither company came in with a bid that perfectly met the specifications.

F. 2011 Road Overlay Program/Equipment and Acquisitions

Manager Lovell distributed two sets of documents featuring the proposed road overlay program for 2011 and equipment purchases and park improvements proposed for this year. The Manager would like to begin assembling ordinances for introduction, with the first being the road overlay program in order to complete that project during the summer months. He suggests a bond ordinance that would combine the road overlay program ($433,000.00 in cash and $267,000.00 in debt) with the purchase of Public Works equipment ($85,000.00 in cash and $145,000.00 in debt) for a total of $938,000.00.

The second set of ordinances would be cash projects totaling $326,500.00 and would include the following:

  • Route 10/Mt. Pleasant Water Line—$35,000.00
  • Inspection Vehicle—$17,500.00
  • Upgrade to Financial System—$60,000.00
  • Parks and Trail Improvements—$64,000.00
  • Parks Equipment—$50,000.00
  • Cohn Farm Remediation—$100,000.00

The Manager will ask the Council later in the year for ordinances to address the storm water and infiltration inflow study, the children’s wing at the library, and the Seeing Eye project.

Mayor Mitsch asked why the Road Overlay Program is covering only 5 miles of the 9.08 miles of roadway shown in the audit.

Manager Lovell responded that as oil prices rise, the cost of paving roads also rises. In the past the Township has been able to maintain approximately 7 or 8 miles of roadway. In addition, this year Randolph was not selected for a state aid project, which typically adds another 1 or 2 miles of roadway. Therefore Randolph is falling a little bit behind this year on road maintenance.

Councilman MacArthur asked how the roads are prioritized for road overlays.

Manager Lovell responded that the Director of Public Works, the Assistant Director of Public Works, and the staff from Engineering go out and look at the surface conditions of all of the roads and compile a list of priorities. One of the most significant issues is surface condition of the road and what the life span of the road would be if not resurfaced in the current year. Also considered is whether cracks in the road can no longer be repaired which could impact the sub-base during the winter.

G. Re-Establish MAC—Carried From January 1, 2011

Manager Lovell noted that the MAC is facing a deadline in filing for county grant money.

Janet Pollio, Administrative Coordinator for the Municipal Alliance Committee, stated that she has asked the county for an extension in filing for the supplemental grant.

Deputy Mayor Guadagno asked what was the most significant thing the MAC did in 2010.

Ms. Pollio responded that the MAC’s strongest program is the RAP Program, collaboration between the MAC and the YMCA. The MAC spends the largest amount of their budget on this program. The MAC sponsors homework clubs at two elementary schools and the middle school.

Councilman Napoliello asked if teachers from the school are members of the MAC.

Ms. Pollio responded that no teachers serve on the committee, however two guidance counselors serve as members.

Councilman Algeier’s comments included the following:

  • When this issue was tabled on January 1, the request from the Council was that the MAC come to a Council meeting to provide information on a $1,500.00 event that took place in 2010 that was poorly attended by the community
  • He understands that before the event took place there were questions raised as to whether or not it would be successful
  • There was concern over the use of the money and what benefit would result from the program
  • There were questions as to why the MAC felt so strongly about going forward with the program and whether MAC had reviewed the issue to make sure this type of incident was not repeated
  • Since, January, when the Council first requested an explanation, the MAC has never appeared before the Council to address any of these concerns
  • The Council is learning tonight for the first time that the MAC is facing a deadline for filing for grant money and, if not re-established by the Council quickly, may cease to exist this year. He feels this places the Council in an unfair situation
  • The summary report provided to the Council from MAC makes no mention of how the MAC will construct its programs in the future, and the report does not even mention the $1,500.00 expenditure in 2010
  • As a past Council liaison to the MAC, the Councilman has been troubled by the way MAC spends their funds—many programs the MAC sponsors seem to have little or no apparent relation to drug or alcohol abuse or education, such as Team Harmony and a sponsorship to a graduating senior with an exemplary record

Ms. Pollio attempted to address the Councilman’s concerns with comments that included the following:

  • MAC has not funded Team Harmony in 2010 or 2011 because the committee agreed it was not directly related to the mission of MAC
  • Regarding the $1,500.00 event, one of the vice-chairs attended the presentation on drug and alcohol prevention in youth at another location and wanted to bring it to Randolph
  • Many committee members voiced their opinion that the speaker was expensive but ultimately a vote was taken and the program was scheduled
  • That same event included a motivational speaker, a former Giants player who agreed to appear for free because a member of the committee knows him personally
  • The event was extensively advertised in an attempt to draw residents
  • The goal of the MAC is to educate the community in drug and alcohol prevention and awareness
  • The MAC tries to vary their programs as well as days and times offered and will schedule different things in 2011 in an effort to draw people
  • Other MACs in the county are experiencing similar problems regarding low resident turn-out

Councilman Algeier expressed frustration over the fact that every MAC knows that people don’t come out to programs but continue to spend money and to schedule speakers anyway. He noted that the vice-chair was at a Kiwanis meeting recently and passed around literature that he believes to be more suitable to the Health Department than the MAC. MAC receives money from the municipality, the county, and the state, and therefore must maintain accurate records of expenditures and he is concerned that based on some past MAC expenditures, if there is an audit and the expenditures are deemed not to be consistent with the regulations, the State may ask for reimbursement of funds. The Councilman respects the efforts of Ms. Pollio in her responsibilities on the MAC. Councilman Algeier supports the RAP Program and believes it to be the best program sponsored by the MAC. However, he questions MAC’s support of certain programs such as the homework club since that is a board of education concept. The Councilman has heard MAC members comment that if they don’t spend the money in their budget, the unused money will go back to the county, so he believes the members look for ways in which to spend their funds.

Deputy Mayor Guadagno stated that he agrees with Councilman Algeier. He believes many of the programs sponsored by MAC are more appropriate to the schools. He asked if the RAP program could be separated and the rest of the programs eliminated.

Councilman MacArthur asked if MAC didn’t exist, would the RAP program be discontinued as well.

Ms. Pollio responded that the MAC funds the RAP program and she believes it would disappear if the MAC did not exist.

Councilman MacArthur stated that everyone wants to fight drug abuse. He is concerned that in order to fund one program that seems justified, other questionable programs must also be approved. He would like to find a solution whereby the Council and MAC can fund the good programs and eliminate the waste, and he questions whether the MAC is structured in a way to do that.

Deputy Mayor Guadagno suggested merging the MAC with the Community Services Committee.

Manager Lovell provided a brief history on how and why the MACs were developed. He understands the need for public education and that the MAC’s purpose is well intended however they do struggle for an audience and he is not sure what the solution is for that. The Manager acknowledged that he should have had the MAC come before the Council prior to this evening, however he would like to see the MAC apply for the state and county grants because there are programs that are good for Randolph. The Manager noted that the Council does not currently appoint members to that committee and suggested that amending the resolution to have Council-appointed members may benefit the committee.

Ms. Pollio responded that the guidelines for the Governor’s Council on Alcohol and Drug Abuse does mention that the municipal council does appoint members to the committee and perhaps that is something they could look into.

Mayor Mitsch noted that the resolution is out of sync with state guidelines and should be amended to reflect those guidelines as well as for members representing other entities such as the Superintendent of Schools and Police Department. The Mayor stated that she believes the MAC demonstrated poor judgment by moving forward with the $1,500.00 presentation in 2010 and would have preferred to see that money spent to get more children involved in the RAP Program. Mayor Mitsch agrees with Councilman Algeier in that the MAC should have attended a Council meeting earlier in the year to address the Council’s concerns.

Ms. Pollio responded that the MAC was not aware there were any Council concerns until their February 23 meeting.

Mayor Mitsch asked about the grants and their deadlines.

Ms. Pollio responded that the request for the state grant was submitted in August 2010 and a Letter of Agreement signed in February 2011. Ms. Pollio has requested an extension in her request for supplemental funding from the Morris County Freeholders.

Deputy Mayor Guadagno asked how much money has been granted and received by MAC.

Ms. Pollio responded that the grant from the state totals $18,005.00, and through a cash match requirement, the Board of Education provides $2,200.00 and the township has provides $2,301.25 for a total of $22,506.25. Supplemental funding from the county amounts to $2,500.00 with a township cash match of $1,250.00.

Councilman MacArthur asked how much of the MAC budget is spent for the RAP program.

Ms. Pollio responded that the RAP program is funded with approximately $8,000.00.

Councilman Loveys asked if any money left over in the budget from the state grant could be placed in the trust fund. The Councilman also asked if the MAC must report to the state how the money is being spent.

Ms. Pollio responded that money could not be placed in the trust fund. Ms. Pollio files quarterly reports to the County and the County then combines the 31 Alliances. She noted that every year the MAC reviews the previous year to discuss what was successful and what was not.

Deputy Mayor Guadagno asked if money in a trust account from the defunct CARES Committee can be used for the township’s part of the matching grant.

Manager Lovell responded that the trust money can be used for that purpose.

Ms. Pollio stated that some of that CARES trust is sometimes used to sponsor programs.

Deputy Mayor Guadagno asked for a breakdown of how the MAC spends their money.

Ms. Pollio responded with the following information:

  • $2,000.00 covers her salary
  • $4,800.00 covers the homework club at the Middle School
  • $4,900.00 covers the homework clubs at two elementary schools
  • $1,300.00 goes to Red Ribbon Week activities in October
  • $500.00 goes to police prevention activities
  • $6,000.00 covers Community RAP
  • $1,000.00 covers Students Against Destructive Decisions (a middle school club)
  • $904.75 goes to underage drinking prevention programs
  • $500.00 goes to Project Graduation
  • $600.00 this year will cover parent/teen dialog nights

Councilman MacArthur noted that those are all fine programs, however he feels the Council should not fund MAC for another year. The Councilman offered to approach the Bethlehem Church, where the RAP program is held, to ask if they would be willing to keep the program going on their own. He believes the other programs should be considered by the Community Services Committee and the Board of Education to see if there is a desire to keep those or similar programs in play on their own.

Mayor Mitsch asked why the RAP program, since that is MAC’s most effective program, has not been expanded.

Ms. Pollio responded that they have been trying to recruit kids by sending home flyers and asking those who participate to bring friends. This year a bus was even provided to encourage more children to participate but was never utilized.

Deputy Mayor Guadagno stated that he sees the MAC as trying to spend their funds but not generating anything. While the programs are good, he believes the MAC is not getting the residents’ attention because of possible duplication with programs run by the schools. The Deputy Mayor reiterated his belief that the RAP program is a worthwhile endeavor, however the majority of the programs appear to fall under the auspices of the Board of Education. He would not support applying for the Freeholder grant and would suggest using money from the CARES fund to pay the cash match portion from the township to keep the MAC going for one more year. During the year the Deputy Mayor would like to see the MAC restructured, perhaps by combining with the Community Services Committee and have the Council begin appointing members to the MAC.

Councilman Napoliello asked if the grant from the state is contingent on the Township providing a cash match.

Ms. Pollio responded that it is contingent upon the cash match.

Deputy Mayor Guadagno suggested using the money from the CARES trust fund for the Township’s portion of the cash match.

Manager Lovell’s comments included the following:

  • Use the remainder of the year to design a new committee, possibly combining with the Community Services Committee
  • Committees comprised of members who volunteer off the street tend to be less effective than committees where the members are appointed by the Council
  • Allow MAC to do its programming this year but have them stay away from the things that don’t work
  • He believes committees that have paid employees are destined to fail
  • It is doubtful the YMCA will take on funding the RAP program in that they are experiencing financial difficulties at this time
  • Often with these types of programs most of the money goes to administer the programs because of the bureaucratic requirements

Mayor Mitsch asked if it was the sense of the Council to move forward with MAC for one more year with the caveat that the township’s match for the state grant will be taken from the CARES fund.

Councilman Algeier added that the MAC will not apply for a county grant this year.

Councilman MacArthur stated that perhaps it is easier to keep the MAC alive than it would be to eliminate. MAC receives money from different sources and has to spend that money. Restructuring the MAC may work for the short term, however he does not believe it will hold to that in the long term. The Councilman suggested waiting a week to re-establish the MAC to see if members and a chair could be appointed and who would report to the Council.

Mayor Mitsch noted that a new resolution should be prepared that reflects appointees from various entities.

REVIEW AND SET PROPOSED AGENDA FOR APRIL 7, 2011 REGULAR MEETING

The agenda was reviewed by the Manager and Council.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that any student participating in any school club or activity must now pay to participate because the school no longer has enough money to provide stipends for an adult to supervise the activity. Mrs. Stewart reminded the Manager that she would like to have an analysis of whether there is a savings when the garbage and recycling budgets are combined. Mrs. Stewart urged the Council to have a process in place that would allow all interested children to participate in recreation activities regardless of their family’s ability to pay the fees.

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

COUNCIL AND MANAGER COMMENTS

Councilman MacArthur noted that at the beginning of the budget process there was discussion of public priorities that would guide the budget considerations and asked if those priorities were ever finalized by the staff.

Manager Lovell responded that the staff did finalize those priorities and they are listed on the web site.

Councilman Algeier asked when work is expected to begin on the new parking lot and facade at the senior complex.

Manager Lovell responded the parking lot work will likely begin in mid-April. The facade improvements are out to bid and a contract will likely be awarded shortly.

Councilman Algeier asked if the Manager has had a chance to see if things were operating satisfactorily at the police station now that the dispatch operation has been moved to the County.

Manager Lovell responded that the staff did a tour in the police department in order to understand how everything works. While the situation is not perfect, it is working.

Councilman Algeier reminded the Manager to try to schedule an evening to recognize Jack Schrier.

Manager Lovell responded that he has spoken with his counterpart in Mendham and will wait until Mendham has their recognition ceremony before scheduling one in Randolph.

Councilman Algeier noted that the Buzak Law Group was successful in court with the case Beta Realty v. Randolph, saving the town approximately $46,000.00. The Councilman suggested the Council support the resolution from the Freeholders regarding open public records. Councilman Algeier asked that an item be added to the Executive Session, Bailey v. Randolph Township, relating to the possibility of an appeal. The Councilman suggested the Manager, in his budget message next week, mention a couple of items that he believes drove this budget—health insurance, pension payments, and road improvements.

Councilman Loveys reported on the medical condition of a young resident hit by a car a couple of weeks ago. The young man remains in very serious condition and the extent of his recovery is yet to be determined.

Councilman Napoliello asked if there were any arrangements to recognize the high school hockey team’s recent championship.

Manager Lovell responded that there will be a celebration for the hockey team at the meeting on April 28, which will begin at 7:00 p.m.

Deputy Mayor Guadagno asked about the homeowner rebates.

Manager Lovell responded that those homeowners eligible for the rebate should be receiving them in a couple of days since they were mailed earlier in the week.

Manager Lovell reported that the budget for snow removal for this year has now been exhausted.

Mr. Buzak provided information on the Bailey case, and his comments included the following:

  • The Bailey case was a three count complaint brought against the township by several police officers and several residents
  • The first two counts challenged the appointment of Sgt. Gomez in 2007 on the basis that the ordinance did not allow for the appointment of a ninth sergeant
  • The third count was a CEPA complaint by Officer Bailey who alleged that he was subject to retaliatory action as a result of whistle blowing in regards to a letter sent directly to the Manager and Council and Police Chief saying that the ordinances the township had in connection with the promotion of police officers was invalid and seeking damages
  • The township sent the complaint to the JIF, which declined to cover the first two counts because they were not damage claims but they did cover the third count
  • The court split the case up into two different portions, hearing the first two counts first and the court reserved on the third count because it was a damage count
  • In January 2010 Randolph was successful in getting the first two counts dismissed on the basis the township amended the ordinance
  • Sgt. Gomez’s promotion was sustained by the court
  • During that time period, all of the plaintiffs except for Officer Bailey dropped out of the case
  • Regarding the CEPA claim, in early 2010 the Township undertook discovery and ultimately brought a summary judgment motion to dismiss the complaint on the basis that Officer Bailey was unable to set forth any facts that would sustain a judgment that he was retaliated against
  • The conduct about which Officer Bailey was complaining was retaliatory was actually the initiation of an internal affairs investigation into who was responsible for the delivery of an anonymous letter
  • The internal investigation found that Officer Bailey was not the author of the letter and therefore did not violate any rules or regulations of the police department
  • After discovery Mr. Buzak filed a motion for summary judgment saying there is case law that supports the position that an investigation is not retaliatory conduct
  • Officer Bailey responded and, for the first time, listed 15 more acts of alleged retaliation that allegedly took place as a result of the whistle blowing
  • On February 16 Mr. Buzak asked the court to disregard the other claims because Officer Bailey never raised them before or throughout the discovery process
  • Officer Bailey at that point was not represented by an attorney
  • The judge acknowledged that all of the claims should have been disclosed in discovery, but because Officer Bailey was representing himself the judge allowed these other claims to go forward
  • The judge dismissed 12 of the 15 claims and asked for more information on the remaining three claims
  • The last three claims dealt with an assignment of Officer Bailey from the Traffic Division to the Patrol Division, a request he had made, but Officer Bailey felt he was assigned to a car that did not reflect his seniority and was retaliatory
  • The second item related to a light duty assignment after returning to work following a job-related injury
  • The third claim was that he was passed over on several occasions for an assignment to the Detective Bureau, a lateral move
  • Detectives are appointed by the Police Chief and Officer Bailey felt that, as a result of his whistle blowing, he was retaliated against and not appointed
  • The judge found that the incidents related to the light duty assignment and Officer Bailey’s assignment to a certain patrol car were not retaliatory
  • With regard to the Detective Bureau, the court found that if it could be proven that he was passed over for an assignment as a result of his whistle blowing activity, there could potentially be a CEPA claim
  • The court recognized that there were five openings in the Detective Bureau between 2004 and 2007 for which Officer Bailey was eligible, before the whistle blowing activity took place, and he was not appointed
  • The court said there was no indication that the failure to be appointed in 2010 and 2011 was attributable to the whistle blowing activity and dismissed the claim
  • Officer Bailey does have the right to appeal to the Appellate Division and this must be done within 45 days of the entry of the order
  • Mr. Buzak would like to discuss some strategic items with the Council in Closed Session
  • Mr. Buzak thanked Police Chief Robert Mason and Township Manager John Lovell for their work on this case

Deputy Mayor Guadagno asked if Officer Bailey must pay Mr. Buzak’s expenses.

Mr. Buzak responded that would be something the Council would need to discuss in Closed Session. There is a fee shifting statute under CEPA.

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. 1380 Sussex Liquor License
B. Bailey v. Randolph

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 Algeier made a motion to go into Executive Session at 11:15 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Deputy Mayor Guadagno

Councilman Algeier made a motion to return to Open Session at 11:59 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 direct the attorney to take the action discussed in Executive Session in the Bailey v. Randolph discussion. 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 12:00 a.m.

________________________________
Donna Marie Luciani
Township Clerk

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