All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: November 24, 2009
A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Deputy Mayor Alpert. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting and time change 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 on November 6, 2009, by emailing them the Meeting Notice. The time change notice, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on November 12, 2009.
PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello (arrived 7:30 p.m.)
Councilman Obremski
Deputy Mayor Alpert
ABSENT:
Councilwoman Price
Mayor Metz
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Deputy Mayor Alpert led the Pledge of Allegiance.
OPEN TO PUBLIC
Seeing no one from the public, the public portion was closed.
COUNCIL AND MANAGER REPORTS
Councilman Obremski reported that the Traffic Advisory Sub-Committee will be presenting their final report on the intersection of Route 10 and Dover-Chester Road on December 8. The Councilman asked that a couple of Council members attend the meeting.
Councilman Algeier reported that he heard the high school’s recent musical performance went very well. He noted that Chelsea Obremski was the costume designer for the production. The Councilman attended the League of Municipalities Convention where he attended seminars on COAH and a potential state-wide initiative on intelligence gathering, and he presented documents to the Council highlighting items of interest relating to both topics.
Deputy Mayor Alpert attended the League of Municipalities Convention and went to seminars dealing with emergency preparedness and homeland security. Despite the fact that the state is spending millions of dollars on these programs, there is as yet no real ability for the state to respond in a timely manner in the event of an emergency.
Manager Lovell reported that the Butterworth Interceptor project has run into a significant problem in that the EPA has determined that pipe bursting will not be allowed and are denying Randolph’s permit for this project. The Manager is looking into the appeals process and is considering contacting Congressman Frelinghuysen’s office for assistance. He will report back to the Council as this issue progresses. The Manager reported that several state mandates will cause an additional increase in Randolph’s premiums for health insurance. On December 3 four area businesses will be recognized by the Economic Development Committee and will receive window decals to display at their locations. The proposed animal shelter project is still in focus but, since the Seeing Eye property was purchased with Green Acre dollars, there must be a plan in place to replace the value of the land being taken out of the Green Acres program for this project. The proposal will hopefully be before the State House Commission in about a year for a decision. The Manager will keep the Friends of the Animal Pound informed of their progress as they move forward. The Highlands Compact will be moving in a new direction by developing open space stewardship programs throughout the county. Once this project is finished, the Compact will most likely begin to phase out.
DISCUSSION
(1) Resolutions Regarding Highlands Conformance
Manager Lovell stated that two resolution will be presented next week. One deals with bringing the preservation areas designated in Randolph into conformance with the Highlands. The other resolution states that Randolph will continue to study and work toward the voluntary conformance for the planning area. The Manager anticipates being in a position to report to the Council in early spring. Both of these resolutions must be adopted and delivered to COAH by December 8.
(2) 2010 Meeting Calendar (Tentative)
Council discussed the proposed dates and a revised schedule will be available at the next meeting.
REVIEW AND SET PROPOSED AGENDA FOR DECEMBER 3, 2009 REGULAR MEETING
Manager Lovell stated that there will be a public hearing on the Shongum Road sewer extension assessment and a soil movement permit application for the Music Den.
COMBINED ACTION ITEMS
Councilwoman Mitsch 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
NAYS: None
ABSENT:
Councilwoman Price
Mayor Metz
(1) Development Fee Refund to Dickerson
R-368-09
WHEREAS, the New Jersey Economic Stimulus Act of 2009 (“Stimulus Act”) was recently enacted and enables developers, under certain circumstances, to request a refund of the non-residential development fees paid; and
WHEREAS, the Stimulus Act also provides for the reimbursement of the refunded development fees to municipalities by the New Jersey Council on Affordable Housing (“COAH”); and
WHEREAS, Dickerson & Dickerson, LLC, submitted a request for a refund of a portion of the non-residential development fee paid in connection with the construction of the office/warehouse on Block 18.02, Lot 10, in the Township of Randolph pursuant to Site Plan Approval granted on April 4, 2005; and
WHEREAS, a 2.5 percent non-residential development fee, a total of $26,532.25, was imposed on the developer pursuant to the Statewide Non-Residential Development Fee Act (“Fee Act”), which was paid to the Township in installments as follows: (1) $10,612.90 on December 28, 2006; (2) $10,612.90 on February 29, 2008; and (3) $5,306.45 on March 31, 2009; and
WHEREAS, since the fee was imposed pursuant to the provisions of the Fee Act, Section 39 of the Stimulus Act applies to this development; and
WHEREAS, pursuant to Section 39(a) of the Stimulus Act, the applicant is entitled to a refund representing the difference between the monies committed to pay for the non-residential development fee prior to July 17, 2008, and the total amount of monies paid on or after that date; and
WHEREAS, the developer committed to pay a non-residential development fee of 2 percent of the equalized assessed value of the improvements on the property, or $21,225.80, when Site Plan Approval was granted on April 4, 2005; and
WHEREAS, the developer is entitled to a refund of $5,306.45, representing the difference between the monies committed prior to July 17, 2008 ($21,225.60) and total amount of monies paid on or after that date ($26,532.25); and
WHEREAS, the Township desires to authorize the refund of the non-residential development fee to the developer as required by the Stimulus Act.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:
1. The Township of Randolph hereby authorizes the refund of the non-residential fee paid by Dickerson & Dickerson, LLC, in connection with the construction of the office/warehouse on Block 18.02, Lot 10, in the Township of Randolph pursuant to Site Plan Approval granted on April 4, 2005, in the total amount of five thousand three hundred six dollars and forty-five cents ($5,306.45), subject to receipt of a completed Non-Residential Development Fee Certification/Exemption Form and a completed Non-Residential Development Fee Claim Form. Both forms shall be reviewed and approved by the Township Tax Assessor and Township Attorney prior to issuance of the refund to Dickerson & Dickerson, LLC.
2. The Township Tax Assessor and Township Chief Financial Officer are hereby authorized and directed to apply to COAH for reimbursement of the refunded non-residential development fee upon issuance of the refund to Dickerson & Dickerson, LLC, but not later than March 30, 2010.
3. The Township Tax Assessor and Township Chief Financial Officer, together with all other appropriate officers, employees, consultants, and professionals of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
4. This Resolution shall take effect immediately.
(2) Endorsement Resolution—NJDEP Water Main Extension—Pierson Hill Road
R-369-09
BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, New Jersey, that the endorsement of the NJ DEP Water Main Extension Application—Pierson Hill Road and Skyline Drive for fire protection only, in accordance with plans prepared by Civil Engineering Incorporated, is hereby endorsed.
BE IT FURTHER RESOLVED that the Township Manager is hereby authorized to execute said application and transmit them to the appropriate agencies.
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, wished the Council and those in attendance happy holidays.
Seeing no one further from the public, the public portion was closed.
COUNCIL AND MANAGER COMMENTS
Councilman Algeier reported that he distributed information on a new program being organized by the Morris County Chamber of Commerce called Operation Appreciation and asked the Council and Township employees to participate in this endeavor.
Manager Lovell responded that he will place this information on the web site and email alert system so the community can participate as well. Town Hall will be designated as a drop-off site.
Councilman Napoliello reported that the Senior Holiday Luncheon will be held on December 6. There will also be a Holiday Open House at the Randolph Museum on December 5. The Councilman congratulated Randolph on receiving a recycling award as well as $51,000.00.
Manager Lovell reported that Randolph received a $200,000.00 grant for the property on South Salem Street.
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. Contract Negotiations—Morris County MUA for Purchase of Water
b. Contract Negotiations and Health Services
c. Litigation—Chabad
d. Personnel—Collective Bargaining Agreements
e. Personnel—Grievance #1 and Grievance #2
f. Evaluations
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 Obremski made a motion to go into Executive Session at 7:50 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
NAYS: None
ABSENT:
Councilwoman Price
Mayor Metz
Councilwoman Mitsch made a motion to return to Public 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
Deputy Mayor Alpert
NAYS: None
ABSENT:
Councilwoman Price
Mayor Metz
ADJOURNMENT
The Deputy Mayor adjourned the meeting at 9:15 p.m.
_____________________________
Donna Marie Luciani
Township Clerk
E X E C U T I V E S E S S I O N
An executive meeting of the Randolph Township Council was called to order by Mayor Metz.
PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello (arrived 7:30 p.m.)
Councilman Obremski
Deputy Mayor Alpert
ABSENT:
Councilwoman Price
Mayor Metz
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Deputy Mayor Alpert suggested doing the Clerk’s evaluation and waiting until Mayor Metz and Councilwoman Price were present for the Manager’s evaluation.
Contract Negotiations—Morris County MUA for Purchase of Water
Do not release.
Contract Negotiations and Health Services
Manager Lovell made the following comments:
- Randolph has been in discussions with Roxbury about combining health services and construction code services
- Pequannock Township is aware of a concept that would create a West Morris agency and has reached out to Roxbury to join with them
- Pequannock Township would set up a county-wide health agency to provide core health services and charge towns based on population
- That concept could save Randolph money
- However, if there was no western office handling complaints and investigations, it could take some time for Pequannock to respond
- Services such as the H1N1 clinics recently run by Randolph would most likely be run very differently if handled by Pequannock
The Manager noted that while something would be lost by Randolph entering into such a system, there would be significant cost savings so he will look into this issue further and report back to the Council with a comprehensive report. Although Roxbury has not committed to joining Pequannock at this time, the Manager feels they are leaning heavily in that direction to save money.
Litigation—Chabad
Manager Lovell suggested holding this issue until a full Council is present.
Personnel—Collective Bargaining Agreements
Manager Lovell reported that the bargaining groups met with him and their membership embraces the concepts placed on the table. He is re-writing the contracts. The Manager stated that the employees recognize the situation faced by Randolph and by New Jersey and had a reasonable approach to the negotiation process.
Personnel
(1) Grievance #1
Manager Lovell reported that Officer Maccione has brought a grievance independent of the FOP who is not representing him on this matter. Officer Maccione received a written reprimand and disagrees with it. Council can either hear the grievance or pass on the grievance.
Mr. Buzak stated that he spoke with Art Thibauld and reviewed the grievance procedures which he summarized for the Council.
Deputy Mayor Alpert stated that allowing this meeting would encourage other officers who may be displeased about disciplinary matters to appeal to the Council. He also stated that agreeing to such a meeting may be interpreted as the Council being unsupportive of the superior officers’ performance of their jobs.
The Council determined that they would not meet with Officer Maccione.
(2) Grievance #2
Manager Lovell stated that deals is a grievance filed by Office Kepler who was forced to retire by the Morris County Prosecutor. He has been paid compensatory time by Randolph as required by federal guidelines. State statutes indicate that officers in good standing can receive vacation time at retirement, however the Manager contends that Office Kepler did not retire from the department in good standing. State statutes are silent on the issue of sick time. The contract says that sick time is to be paid at the time of retirement, however the Manager believes that since he was not in good standing he should not be paid for sick time. The FOP is grieving both sick time and vacation time. Mr. Knapp has advised the Manager that Randolph will most likely win on the issue of vacation time but not sick time.
Officer Kepler stands to get approximately $19,488.00 for sick time and $16,500.00 in vacation time.
The grievance process is very specific in the time that a grievance can be filed and response time. The FOP has not held to that schedule, there were no requests for an extension, and therefore the Manager doesn’t believe the Council should hear this matter.
Council indicated agreement with this decision.
Councilman Algeier asked the Manager to indicate whether or not he supports Chief Mason and the goals he has set for himself and the methods he is using to achieve those goals.
The Manager stated that he does support Chief Mason and doesn’t see any other option for the Chief than what he has been doing.
Councilman Algeier stated that, with the Manager’s endorsement, he can support the Chief as well.
Councilman Algeier asked the Manager to keep the Council more abreast of what happens in the police department on a regular basis which has not been done in the past and has left the Council feeling out of the loop and uninformed.
Evaluations—Donna Luciani
Councilwoman Mitsch provided the Clerk with a synopsis of comments by the Council. The overall score was very good.
The Council agrees that the Clerk is professional, dedicated, knowledgeable, and is doing a fine job.
Councilman Algeier asked that the Clerk periodically provide to the Council a document that shows plans and goals for the Clerk’s office in the coming year that can make the office run more efficiently or be of benefit to Randolph Township.
Councilman Napoliello asked that confirmations be provided when the Clerk’s office registers the various council members for events.
_________________________
Donna Marie Luciani
Township Clerk