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

Minutes: May 6, 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 Algeier
Councilman Metz
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert

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

Mayor Alpert led the Pledge of Allegiance.

PROCLAMATIONS:

Mayor Alpert read the following proclamations into the record:

A. Click It or Ticket Mobilization

WHEREAS, there were 586 motor vehicle fatalities in New Jersey in 2009; and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by seat belt usage nationally between 1975 and 2000; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 24 - June 6, 2010, in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 92.67 percent to 100 percent; and

WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadways.

NOW, THEREFORE, BE IT RESOLVED that I, Jay Alpert, Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Police Department, declares his support for the Click It or Ticket safety belt mobilization both locally and nationally from May 24 - June 6, 2010, and pledges to increase awareness of the mobilization and the benefits of seat belt use.

The proclamation was accepted by Randolph Police Chief Robert Mason.

B. Police Week

WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day and the week in which it falls as Police Week; and

WHEREAS, the members of the law enforcement agency of the Township of Randolph play an essential role in safeguarding the rights and freedoms of the citizens of Randolph Township; and

WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and

WHEREAS, the police department of the Township of Randolph has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service.

NOW, THEREFORE, I, Jay Alpert, Mayor of Randolph Township, call upon all citizens of Randolph and upon all patriotic, civil, and educational organizations to observe the week of May 9 through May 15, 2010, as Police Week will appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.

I FURTHER CALL upon all citizens of Randolph Township to observe Saturday, May 15, 2010, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty.

The proclamation was accepted by Randolph Police Chief Robert Mason

Chief Mason thanked the Mayor and Council for their support and thanked the citizens of Randolph for their confidence in the police department. The Chief reported that Office Mike Gomez, who had been serving in Afghanistan for a year, has returned home safely and will resume his duties in Randolph next week.

C. Historical Preservation Award—Old is the New Green

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shared us as a people; and

WHEREAS, “Old is the New Green” is the theme for National Preservation Month 2010, co-sponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

NOW, THEREFORE, I, Jay Alpert, Mayor of Randolph, do proclaim May 2010 as National Preservation Month and call upon the people of Randolph to join their fellow citizens across the United States in spreading the word that preservation is inherently green.

Joan Brembs accepted the proclamation.

Mrs. Brembs, on behalf of the Landmarks Committee, presented a Preservation Award to the Parks and Recreation Department and expressed the Committee’s sincere appreciation for the department’s preservation efforts.

D. Honoring Gail Hari—Township Historian

WHEREAS, Gail Hari has been a resident of Randolph since 1983; and

WHEREAS, Gail became a member of the Historical Society of Old Randolph (HSOR) in 2008; and

WHEREAS, Gail took on the responsibility of becoming the HSOR President in 2009; and

WHEREAS, Gail has become one of its major visionaries that made the Randolph Museum a reality; and

WHEREAS, Gail was appointed Township Historian in 2009; and

WHEREAS, Gail initiated the pursuit of researching a pictorial book on Randolph to be accepted by the Arcadia Publishing Company; and

WHEREAS, Gail dedicated fifteen months of her time to this endeavor which has been published and is on sale at the farms in the area as well as several other establishments; and

WHEREAS, Randolph now stands with other municipalities in having a book on its history along with old photographs from long time residents.

NOW, THEREFORE, BE IT RESOLVED that the Township Council wishes to extend their appreciation and thanks to Gail Hari on behalf of all the residents of Randolph Township.

Gail Hari accepted the proclamation.

APPROVAL OF REGULAR MEETING MINUTES:

(1) April 6, 2010

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

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

NAYS: None

(2) April 15, 2010

Councilman Metz 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 Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert

NAYS: None

ABSTAIN: Councilman Napoliello

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her appreciation for the celebration honoring the open space program earlier in the evening in that it has preserved so many oxygen-producing trees in Randolph.

Lee Whilden, 82 Radtke Road, expressed her appreciation to the volunteers in town who continue to grow and enhance the many different programs available in Randolph, many of which she had a part in initiating.

Nancie Ludwig, 14 Lookout Road, expressed her concern about public safety and the unfilled positions in the police department, which means that fewer officers are patrolling on each shift. Mrs. Ludwig asked why the Council did not research any shared service opportunities with Mendham prior to hiring a new police chief and stated that she believes the current discussions for shared services is a campaign gimmick by the Mayor. She asked when the research for this merger will be complete and if public safety has been considered and researched. Mrs. Ludwig noted that the Council has increased the amount of lawyers hired over the last five years and that those no-bid contracts look bad. She agrees with Councilwoman Price that those contracts should be re-opened and evaluated before more township positions are eliminated. Mrs. Ludwig cited an article in the Randolph Reporter that stated the Mayor had been a sheriff in Bergen County for eight years but believes the truth to be that he served for only a matter of months and was not re-elected. She asked the Mayor to clarify the report.

Mayor Alpert responded with the following statements:

He served as sheriff and under-sheriff in Bergen County for 8 years
The discussions on shared services for police with Mendham is not a campaign gimmick and have been going on since before the campaign began
Attorney contracts have been discussed and he believes they are the most comprehensive and fiscally responsible contracts Randolph has
Salary freezes that are promoted by Councilwoman Price would affect the same employees who accepted no raises last year in order to help make the budget work
Randolph enjoys good fiscal management as is evidenced by the Standard and Poor’s AAA bond rating

Councilman Obremski stated that discussions with Mendham Township for shared police services did not start this year as Mrs. Ludwig believes. Initial discussions occurred last spring when the Township Manager and he were meeting with Mendham on an issue concerning animal control services. At that time, they were presented with the idea of merging Mendham’s police force with our own. He and the Manager brought that idea back to the Council for discussion, however that information could not be brought out in public due to a variety of factors that enter in to that kind of a merger. Mendham Township has agreed that they would like to move forward with the merger with Randolph and discussions and research are on-going. The Councilman wished to clarify that discussions on this issue did begin last spring, not in January as Mrs. Ludwig has alleged.

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

COUNCIL AND MANAGER REPORTS

Councilman Metz attended an Economic Development Committee meeting where the results of the recent successful High School Senior Career Day were discussed. The student liaison to that committee provided some good insight as to how more participation from the school could be achieved in the future. Manager Lovell has suggested increasing the student liaison positions on that committee to two members. The proposed 2010 budget was discussed at the meeting and the committee is coming up with ideas that will help to support local businesses in Randolph to help increase revenues to the town.

Councilwoman Price cited a recent article from the Randolph Reporter where the Mayor accused her of being untruthful in foregoing the remainder of her council salary and distorted her attendance record for council meetings. In order to set the record straight, the Councilwoman noted that in a letter dated March 25 to the Township Manager, she gave up her salary for the remainder of 2010 and encouraged her fellow council members to follow suit. Councilwoman Price presented the Township Manager with a symbolic check representing the salary she is giving up from April 1 to December 31, 2010. The Councilwoman confirmed with the Finance Director that her salary has been stopped as of April 1. Councilwoman Price has confirmed with the Clerk’s Office that her attendance record for the term of her tenure on the council has been nearly 80 percent and she will share that data with the press.

Mayor Alpert responded that the salaries he was referring to was her proposal for reducing salaries that were discussed in the past, those being the same salaries she voted for this past year. Regarding missed meetings, the Mayor was referring to the Councilwoman’s current term from 2007 through 2010. Mayor Alpert noted that every vote taken by the Council impacts the residents and the township and he stated that Councilwoman Price missed 449 votes during this term.

Councilman Obremski expressed displeasure for the political activities that seem to be overtaking recent Council meetings, however he stated that he is not ashamed to accept his salary as a council member. As a council member, he attends and supports numerous meetings, events, and fundraisers during the year that cost both time and money, which he accepts as part of the job. If he were to forego his salary, he would not be able to support and attend all of the functions and fundraisers that he attends currently. Council salaries have not been increased for at least twenty years.

Councilman Napoliello echoed Councilman Obremski’s comments and, although he commended Councilwoman Price for foregoing the remainder of her council salary, he suggested perhaps Councilwoman Price forego more of it due to her numerous absences at Council meetings.

Mayor Alpert reported that the Master Plan Committee has met and discussed several issues. More meetings will be held for the purpose of maintaining and establishing a Master Plan. Saturday is the spring Clean Communities Day and it will kick off at 8:30 a.m. with coffee and bagels at Town Hall.

Manager Lovell noted that inclement weather may play a role with regards to Clean Communities Day and cautioned participants to check the web site for updates. Design for Randolph’s portion of the Butterworth Interceptor project had been completed and permits had been applied for when the EPA determined that pipe bursting would not be allowed. Randolph’s obligation for the project could still be accomplished, however the Kushner portion of the project is in jeopardy in that it relied heavily on the pipe bursting concept. Based upon concerns that this project may be changing dramatically, the Council had asked that this matter be placed on hold and more research be done before committing more dollars for construction. That process is now underway. Meetings between township staff, Morris Township and the Kushner Corporation are taking place, however everything remains on hold until the research is complete and the Manager has directed that we not go out to bid on this project. Manager Lovell expressed frustration in that Randolph has spent a considerable amount of money for the design and permitting for this project and with the EPA’s decision to change the game at this point in time.

Manager Lovell noted that several residents for the Mac Spar sewer line special assessment are in attendance and asked that that issue be brought forward on the agenda.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #4-10: Providing for the Mac Spar Drive Sewer Line Extension

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE MAC SPAR DRIVE SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $345,000.00 AND DIRECTING THE SPECIAL ASSESSMENT OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that residents contacted the Engineering Department about this issue about a year ago. The first criteria for this type of special assessment project is to get a 2/3 majority approval for the project, which was obtained. It is estimated that the cost for this project will be $345,000.00, which will be repaid to the township over a ten year period by the 18 property owners impacted by this special assessment improvement. The residents have been notified of the meeting and hearing to be held this evening.

Mr. Carchia showed a map of the affected area, he explained how the project will be done in the most effective method, and he described the connection policy for this project.

Manager Lovell encouraged the property owners to connect as quickly as possible and to band together and hire one contractor to complete the work as a cost savings measure. He noted that while connection for existing property owners is not mandatory, a connection must be made when a property owner puts their home on the market.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Darwin Bratton, 28 Mac Spar, noted that the easement for the project will go through his property and asked if he is required to have anything special for that.

Mr. Carchia explained to Mr. Bratton how that project will be done on his property.

Lee Whilden, 82 Radtke Road, asked if a sewer allocation for this project has been obtained.

Mr. Lovell responded that the RVRSA can accommodate this sewer line.

Alexander Danyluk, 26 Mac Spar Drive, asked how much his property taxes will be raised as a result of this improvement.

Manager Lovell responded that property taxes will not go up as a result of getting sewers. There will be a special assessment for that improvement that will be paid for the next ten years in order to pay off his portion of the project. There will also be a quarterly sewer bill for the property once the connection is made. Property taxes are based on the revaluation that occurred in 1999 and will likely occur again in the next year or so within the township. Having a connection to a sewer line is likely to increase the value of his home, but that will be evaluated at the time of revaluation.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE MAC SPAR DRIVE SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $345,000.00 AND DIRECTING THE SPECIAL ASSESSMENT OF THE COST THEREOF” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Obremski made a motion to adopt the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #5-10: Authorizing Land Acquisition of Block 195, Lot 25, 232 South Salem Street (2009 Morris County Open Space Grant)

Manager Lovell stated that the Township was successful last year in obtaining a grant to acquire 232 South Salem Street, which is adjacent to the EA Porter site. This property is now under contract and Randolph is providing authorization to move toward closing on this property.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET), LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PURPOSES” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET), LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PURPOSES” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Obremski

Manager Lovell explained that Councilman Obremski, while not opposed to the acquisition, abstained on the vote because he was a member of the Morris County Open Space Committee and had abstained from the whole process.

INTRODUCTION OF 2010 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

Manager Lovell’s comments included the following:

The budget process began in the beginning of 2009 when the Council asked the Manager and Department Heads to freeze their salaries for the year
White collar contracts began negotiations at that time and he was able to negotiate a one-year contract with no impact to the budget
Teamster contract negotiations were settled with each employee receiving a flat rate of $800.00, averaging less than 1 1/2 percent per employee
Revenues were monitored and several areas were being impacted by the economy
Meetings of the Finance and Budget Committee were held for updates and to make suggestions on how to position Randolph for the upcoming year
In the first quarter of 2010, the Finance Director and Manager prepared a budget which was presented to the Council, at that time showing a $211,000.00 budget gap which the Manager felt confident could be closed without significantly impacting the Township
In late March the Manager was notified that state aid would be reduced by $541,325.00, the third straight state aid cut Randolph received
If the governor is successful at implementing a 2.5 percent hard cap on the tax levy, there will be significant impacts for Randolph in the future
Major steps were taken in the days that followed the reduction in state aid to prepare to not only balance the budget and get it ready for introduction but also to anticipate a very difficult budget cycle in 2011 and beyond
One positive aspect that helped to close the gap was Randolph’s acceptance of a one-time payment from the library’s unrestricted, undesignated fund balance for $300,000.00 for the renovation project
There is a reduction of the tax reserve against tax appeals based upon the analysis provided by the Tax Assessor of appeals pending at the state and he is hopeful those numbers will be sustained in that we are running tight in that account
Staff transitions were considered, which is never a pleasant or easy thing to do
The number of layoffs will be impacted by the number of people who decide to retire
Three police openings were eliminated, and the Manager noted this is the first time he has cut police positions in 35 years as a Manager
Appropriation cuts will need to be identified for 2011 to address the $300,000.00 that will not be repeated from the library
The workforce will be reduced by five percent this year and by at least five percent next year in order to balance the budget for 2011
These reductions are unavoidable in order to avoid an unconscionable level of cuts in January
The proposed budget comes in $2 million under appropriations cap and $31,902.00 under the levy cap
Should Randolph be ordered to undertake a revaluation, it will require a $200,000.00 adjustment to the budget to pay for that which is not possible
The 2010 municipal budget and capital improvement program totals $26,407,304.00, which is $286,582.00 below 2009’s budget
The water and sewer budgets combine for $7,725,603.00, a reduction of 3.73 percent from 2009
The Manager believes that through the continued use of technology, shared services, and privatization he can address some of the problems
Despite three years of state aid cuts, the decision of the Council was to not pass on that burden to the taxpayers, as other towns have done, and Randolph’s tax rate remains constant at 2.5 cents, which comes to $84.50 per year for the average home assessed at $338,000.00
Revenues will continue to be monitored throughout the year
The sewer fund will be reduced to pay for the construction of a dry sewer on Sussex Turnpike which needs to be completed before the County makes their improvements to the roadway
The Manager will be re-evaluating the water rate structure
Randolph’s AAA bond rating is a credit to Mr. Soccio and reflects that the township has a solid financial base
In adopting this document, the Council should recognize that they are setting the foundation for 2011 and beyond and what is going to be a very difficult environment for municipal government
The Manager noted that the people impacted by this budget are people he has gotten to know over the last 12 years and people he respects, however he has a responsibility to the Council to give sound advice on policy matters
The budget document presented this evening is the best advice that Mr. Soccio and he can provide to the Council

The Manager read the following resolution into the record:

Municipal Budget of the Township of Randolph, County of Morris, for the Fiscal Year 2010

R-138-10

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2010; and

BE IT RESOLVED that said Budget be published in the Randolph Reporter in the issue of May 20, 2010.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the year 2010:

Appropriations Within “CAPS”
(a) Municipal Purposes	$22,253,358.80
Appropriations Excluded from “CAPS”
(a) Municipal Purposes	$9,348,343.20
Reserve for Uncollected Taxes Anticipated Collection at 97.33%	$2,531,205.00
Total General Appropriations Including Water and Sewer	$34,132,907.00
Anticipated Revenues Other Than Current Property Tax	$16,505,611.00
Tax for Municipal Purposes Including Reserve for Uncollected Taxes	$17,627,296.00

A hearing on the Budget and Tax Resolution will be held at the Municipal Building on June 3, 2010, at 8:00 p.m. at which time and place objections to said Budget and Tax Resolution for the year 2010 may be presented by taxpayers or other interested persons.

Councilman Algeier stated that the residents should know that this process has involved hours and hours of discussion in the past. He noted for the audience that a lack of discussion tonight does not mean the Council is not interested. It simply means that after many hours of work where all of the intricacies have been ironed out already, the budget document is ready to move forward.

Councilwoman Price asked about the levy cap at four percent with some exceptions.

Mr. Soccio responded that the levy cap went up 4.32 percent which contains allowable exceptions on the cap levy calculations.

Manager Lovell noted that those exceptions include: change in debt service, off-sets of state formula, allowable pension increases, allowable increases in reserve for uncollected taxes, allowable increases in healthcare costs, recycling tax appropriation, capital improvement fund, and deferred charges for future taxation. Randolph’s exceptions total $2,267,779.00 and that works as an adjustment.

Councilman Metz noted that Mr. Soccio and Mr. Lovell did an incredible job preparing this budget. Although it has been mentioned that the Manager and others making over $100,000.00 a year should take a pay cut, the Councilman is glad that Randolph is not pursuing that in that it would not make sense to do so. These vital employees are vested in the pension program, and should their salaries be cut it would likely drive many of them to an early retirement for economic reasons. Councilman Metz expressed concern about the future of the township should those retirements occur en masse and that he was sorry to see their names dragged through the papers suggesting they are overpaid and should take cuts. The Councilman thanked the Manager and department heads for accepting their pay freezes in 2009 and for their efforts in preparing and balancing the 2010 budget.

Councilman Napoliello noted that the Township Attorney does an excellent job and agreed to not take a pay increase for 2010.

Councilwoman Price reiterated her opinion that the proposed budget spends too much and taxes too much. She believes she is unable to tell the taxpayers that the Council has done all they could to keep taxes down and that more could be done. The municipal tax will compound with the increased school tax. The Councilwoman is taking a stand for the taxpayer and urges the Council to look at smarter, smaller government and not continuing with tax increases. Other cuts should have been considered before layoffs occurred. There are still more areas for shared services that are not being considered, such as combining the land use boards and joining our court system with other towns. She will vote against the introduction of this budget.

Deputy Mayor Mitsch noted for the record that the combination of the planning board and board of adjustment was discussed very recently at a Council meeting. One of the reasons the Council is not pursuing that is because of the increased amount of meetings that would be required for the members of that combined board and the likelihood that many qualified members would not be able to handle such a heavy schedule. The Deputy Mayor is not sure why Councilwoman Price would advocate doing something that would so adversely affect and compromise the quality of that service provided by the planning board and board of adjustment. Regarding Councilwoman Price’s point about the department heads, one reason why Randolph is in such a strong financial position is because the town has been managed from a strategic standpoint for many, many years. To risk the retirement of these individuals would be similar to erasing the hard drive of a computer, thereby eliminating functions that are critical to its successful operation. Randolph shares a AAA bond rating with only a handful of other communities in New Jersey because of all the work that has been developed over a period of multiple years by some of these very people. The money the council receives each year is a stipend, and the fact that Councilwoman Price is foregoing the remainder of her stipend does not impact the budget one way or another. Deputy Mayor Mitsch believes Councilwoman Price does not understand the seriousness of the situation facing Randolph even though the Manager has been extremely forthcoming throughout the budget process. The Deputy Mayor believes the township is doing a phenomenal job, however the money is just not available.

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

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

NAYS: Councilwoman Price

ORDINANCES (Continued)

B. Introduction

(1) Amending Health Benefit Coverage Qualification for Retirement Benefit

Manager Lovell noted that this amendment will affect one person with 22 years of service in the organization and allow that person to retire with health benefits. This retirement will avoid the layoff of an additional staff member.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE GOVERNING THE PAYMENT OF PREMIUMS FOR HEALTH BENEFIT COVERAGE AFTER RETIREMENT” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 3rd of June, 2010, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilman Obremski made a motion to introduce the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Amending Ordinance #34-04—School Parking in Municipal Lots

Manager Lovell noted that this is a perennial problem with high school juniors and seniors parking in the municipal lot. Besides the issue that parking for employees and residents doing business at the municipal building is reduced and sometimes eliminated, safety concerns for the students crossing Millbrook Avenue plays a significant role in this amendment. This ordinance will limit parking to municipal business or use of the trails and will allow summonses to be issued if school parking occurs. The high school principal has assured the Manager that permits will be issued for only the amount of spaces available. Early in the school year the trail parking lot will be gated to send a message to the students that parking is not permitted.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 31-74, MUNICIPAL COMPLEX PARKING LOT, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Algeier congratulated the Council for not suggesting asking the state for funding to build an elevated walkway, such as the one located in Denville. He believes this ordinance is a sensible solution to the problem.

Councilman Obremski echoed the Manager’s comments that Millbrook Avenue is a dangerous road for the students to be crossing, especially on dark winter mornings. The issue has been getting progressively worse and the Councilman is delighted that both sides of the street came together for the benefit of all concerned.

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(3) Amending Solid Waste Management Ordinance—Dumpster Containers

Manager Lovell noted that this ordinance will require dumpsters to be maintained in good condition and to have lids. Township-owned dumpsters will be inspected and enhanced before this ordinance is adopted. This ordinance comes about as part of the requirements of the state in order for Randolph to receive our storm water management permit for next year.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Algeier expressed disapproval of this ordinance in that it is required by New Jersey and asked that the Manager make it clear to commercial properties affected by this ordinance that this is a state mandate.

Manager Lovell responded that many dumpsters are provided by garbage haulers. The Manager also stated that enforcement of this ordinance will be done gently at first so that businesses understand that Randolph is not trying to make their lives more difficult.

Councilman Napoliello made a motion to introduce the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(4) Amending Appendix A, Fee Schedule—Parks and Recreation

Manager Lovell stated that this ordinance will impact fees for weekend and non-resident use of Randolph Lake.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Napoliello asked if there was a senior discount for use of Randolph Lake.

Manager Lovell responded that he will check and get back to the Council on that.

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION ITEMS

Councilman Napoliello made a motion to approve the Combined Action Items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refund Overpayment for Tax Year 2009 for Block 195, Lot 23, to Verizon Communications

R-139-10

WHEREAS, Verizon Communications has been granted a reduction in assessed valuation for the tax year 2009 by the Tax Court of New Jersey on Block 195, Lot 23, known as 246 South Salem Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $2,835.41; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,835.41 to Verizon Communications.

B. Release Road Opening Cash Bond for Sump Pump Connection for 28 Leigh Court to Ralph Tango—$500.00

R-140-10

WHEREAS, the Engineering Department has received a request from Ralph Tango for the release of a $500.00 cash road opening bond posted for a sump pump connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on April 5, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sump pump connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Ralph Tango, 28 Leigh Court, Randolph, NJ 07869.

C. Release Road Opening Cash Bond for Sanitary Sewer Connection for 34 Winchester Terrace to Victoria Mosso—$500.00

R-141-10

WHEREAS, the Engineering Department has received a request from Victoria Mosso for the release of a $500.00 cash road opening bond posted for a sanitary sewer connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on April 6, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sanitary sewer connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

D. Release Tree Bond for Block 176, Lot 42, to Andrew Millward—$5,200.00

R-142-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Andrew Millward for Block 176, Lot 42, in the amount of $5,200.00; and

WHEREAS, all of the requirements have been met and completed.

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 Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $5,200.00 be refunded to Andrew Millward, 15A Mt. Pleasant Road, Morristown, NJ 07960.

E. Refund Day Camp Registration to Li Wan of 910 Wendover Court—$540.00

R-143-10

WHEREAS, Li Wan registered his child for day camp and paid the fee of $640.00; and

WHEREAS, his son will not be attending the day camp due to the family will be relocating because of a job transfer.

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 $540.00 be refunded to Li Wan, 910 Wendover Ct., Randolph, NJ 07869.

F. Refund Day Camp Registration to Ivy Guttman of 35 Calumet Road—$665.00

R-144-10

WHEREAS, Ivy Guttman registered her child for the 2010 Day Camp and paid the fee of $765.00; and

WHEREAS, her daughter will not be attending the day camp due to a family conflict.

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 $665.00 be refunded to Ivy Guttman, 35 Calumet Rd., Randolph, NJ 07869.

G. Refund Tree Bond for Block 133, Lot 2, to Randolph Knolls—$2,400.00

R-145-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Randolph Knolls for Block 133, Lot 2, in the amount of $2,400.00; and

WHEREAS, all of the requirements have been met and completed.

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 Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $2,400.00 be refunded to Randolph Knolls, 68 Fords Road, Randolph, NJ 07869.

H. Refund Brundage Park Summer Stages to Marie Rosato—$365.00

R-146-10

WHEREAS, Marie Rosato registered her daughter for Brundage Park Summer Stages and paid the fee of $390.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a family conflict.

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 $365.00 be refunded to Marie Rosato, 3 Fieldcrest Court, Mendham, NJ 07945.

I. Authorizing Shared Services Agreement with Mendham Township and Mendham Borough for Animal Control Services

R-147-10

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 May 6, 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.

J. Raffle License, Casino Night, Randolph Engine Company #5, 118 West Hanover Avenue, October 2, 2010, 7:30 p.m. to 10:30 p.m.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her concern over the budget, particularly the elimination of the Community Services Supervisor position. Senior citizens have come to trust and rely on Mrs. Lukavich. Mrs. Stewart doesn’t believe Mrs. Lukavich’s duties and services can be adequately provided by the remaining staff. She also asked why salary freezes or other solutions were not considered before imposing this layoff.

Councilman Obremski responded that he was originally dissatisfied with the decision to change the status of Mrs. Lukavich’s position to part time and noted that the position was not eliminated altogether. The Councilman questioned both Mr. Lovell and Mr. Van Brunt extensively and it was made clear to him that there will be no change in services provided to senior citizens. If that ultimately is not the case, the Councilman will re-visit the issue with both Mr. Lovell and Mr. Van Brunt to express his concerns.

Mrs. Stewart countered that although somebody may be providing those services, the seniors see it more as a matter of trust between them and Mrs. Lukavich.

Maria Martorana, 1 Wilkeshire Boulevard, asked if she could get a copy of the ordinance concerning parking on the municipal lot. Mrs. Martorana believes that it is mostly juniors parking in the municipal lot.

Manager Lovell stated that the parking lot will not be gated for the entire school year. It will be gated for the first few days of school in September so that students get the message, however it will be re-visited if the problem starts to arise again when summonses will be issued.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Price reported that the recent fishing derby was successful with a record number of children attending. She complimented Russ Newman and John Van Brunt for their efforts. The Councilwoman noted that the Kiwanis Club stocked the lake with fish for the derby. Councilwoman Price reported that the Historic Society and Landmarks Committee will be co-sponsoring tours of Randolph on Saturday at 11:00 a.m. and 2:00 p.m. She congratulated them for their efforts and for their work with National Preservation Month. The Councilwoman wished the Assistant Township Manager a happy birthday and wished the Health Official a speedy recovery.

Deputy Mayor Mitsch asked the Manager for information on the renewal of employee contracts.

Manager Lovell responded that contracts are in place with all the bargaining groups with the exception of the dispatchers. Contracts put in place for white collar employees are revenue neutral in that no impact was made to the budget this year. Blue collar workers accepted a flat $800.00 increase, an increase of about 1 1/2 percent. These contracts are due to expire at the end of 2011. The only contract that goes beyond that is the police contract. As we move to 2011, the Manager’s statement to the unions will be that negotiations will be based upon the financial shape of the township and how mandates from New Jersey will impact his ability to settle. The Manager does not anticipate the police will give back their four percent increase.

Mayor Alpert wished a belated happy birthday to Deputy Mayor Mitsch.

ADJOURNMENT

Mayor Alpert adjourned the meeting at 10:10 p.m.

_______________________________
Donna Marie Luciani
Township Clerk