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

Minutes: November 25, 2008

A work session of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. 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 Morris County Daily Record and the Randolph Reporter on December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

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

ABSENT:
Councilman Algeier
Councilwoman Price

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Mayor Napoliello led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Alpert noted today is Evacuation Day celebrating 225 years ago that the last British ship sailed out of New York Harbor.

Deputy Mayor Metz distributed copies of recent newspaper articles dealing with the state pension fund and the value of New Jersey’s bonds. One of the articles noted that Governor Corzine plans to not ask municipalities for pension money this year and the Deputy Mayor asked that the Council consider that information as we move toward budget season.

Mayor Napoliello noted that the Senior Holiday Dinner will be held on December 7, 2008, at the high school from noon to 3:00 p.m. Two locations where donated toys can be dropped off are the Randolph Library and the Acme. The Volunteer Reception will be on December 4, 2008, at 6:30 p.m. prior to the start of the Council Meeting. One of the senior citizen buses is undergoing repairs at this time.

Manager Lovell congratulated the Engineering Department on receiving grant funds from the NJ DOT to reconstruct Carrell Road.

COUNCIL DISCUSSION

(1) Continued Discussion of COAH’s Third Round Substantive Certification

(a) Highlands Conformance Study Information
(b) Sample COAH Resolution From Montville

Manager Lovell noted that information changes almost daily. The Manager provided to the Council several items, including:

• A copy of a letter from the Executive Director of the Highlands
• A copy of a letter to Governor Corzine co-signed by Senators Lesniak and Bateman referring to COAH and the scarce resource order indicating that the legislature would welcome an opportunity to introduce a bill concerning COAH housing in the state that would be more sensible and reasonable, and asking the Governor to delay forced filings by towns by the end of the year.
• Information compiled by Robert Michaels after meeting with the Highlands
• A copy of a resolution developed by Montville dealing with Highlands and COAH

Manager Lovell noted that Bator Realty was recently approved to develop an indoor tennis center. It was thought that the scarce resource order would prohibit its development, however the order was lifted for this project.

The Manager stated that two resolutions will be prepared for review within the week. He reiterated that Randolph is not opting in to the Highlands at this time. The resolution pertaining to the Highlands states that Randolph is agreeing to undertake a conformance study and go through the process of determining whether or not to opt in, and there is the ability to say no during the course of the year. Regarding COAH, the resolution simply defers a COAH decision until December 8, 2009.

(2) Request to Amend 2003 Jackson Brook Sewer Interceptor Settlement Agreement—Mine Hill

Manager Lovell stated that in late 2007 or early 2008, it was discovered that Mine Hill developers were tying in to the Jackson Brook Interceptor, which is a two-mile sewer line that Randolph owns which runs through Mine Hill. Randolph ordered that those connections be terminated immediately and repairs made to the line. Prior to 2002, Randolph ran the Mine Hill sewer system, doing all the maintenance and receiving connection fees and sewer fees. In 2002, Mine Hill was going through an extensive project lasting several years that would extend sewers too much of their community. Mine Hill tried to collect those connection fees, however Randolph’s position was that those connections were being made into lines maintained by Randolph so the fees should be paid to Randolph and litigation went forward, which was eventually resolved through a court ordered settlement. That settlement included the following points:

• It guaranteed a certain amount of gallonage to Mine Hill
• It noted several specific lots that could tie in to the Jackson Brook
• It required Mine Hill to pay Randolph a fee for those connections
• Mine Hill would own their own system and could extend that system as they saw fit so long as they never exceeded the 250,000 gallons allotted
• There were to be no further connections to the Randolph system

However, currently there is a need for further connections to the Randolph system. A meeting was held and attended by the Mayor and Administrator from Mine Hill where they noted that several projects need to connect to Randolph’s system.

The Manager asked Council to provide direction for the Township Attorney to develop a modified agreement between Randolph and Mine Hill. He noted the following conditions he presented at the meeting with Mine Hill:

• He has no faith that Randolph is not getting more connections that we don’t know about to the sewer line because several times developers were discovered connecting to the line without informing Randolph
• The Manager suggested a camera review of the entire chain of the Jackson Brook Interceptor be undertaken in 2009 and that Mine Hill should share in fifty percent of that cost
• If further illicit connections are discovered, Mine Hill should pay the connection fees or disconnect those properties from the system
• Every five years hereafter Randolph and Mine Hill should share in the cost of additional camera inspections of the Jackson Brook line to be sure there are no more illicit connections
• It should be made clear to Mine Hill that they should work on extending their system and use the Jackson Brook Interceptor as a last resort
• There should be a formal petition from the Mine Hill Township Council to the Randolph Township Council for such a tie-in and requesting that Randolph sign a TWA
• Require Mine Hill to post escrow funds to conduct a review of the design and for all inspections

Councilman Alpert noted that Randolph should collect the connection fees made to the sewer line.

Councilwoman Mitsch asked if there were any consequences for the illicit connections that have been made.

Manager Lovell responded that the consequence will come when Mine Hill has to pay for those connections.

Councilwoman Mitsch recommended that wording to that effect be forcefully presented in the Township Attorney’s letter.

(3) Preliminary Discussion on the 2009 Capital Improvement Program

Manager Lovell noted that a first draft of the Capital Improvement Program has been prepared. He stressed that the program being discussed this evening may differ from the program submitted in January in view of the fact that Randolph is facing tough financial times, however he wanted to get a sense of the direction in which the Council wishes to move. His comments included the following:

• Although the Manager is not comfortable with bonding projects, he is proposing bonding the road overlay program this year
• Matching grant funds for the Carrell Road project
• Begin a multi-year stormwater outfall repair program
• Purchasing a new recycling truck body to be mounted on existing chassis for DPW
• Develop opportunities to lease equipment where feasible
• Various parks improvements and equipment that will be shared at a later date
• Putting aside money in the budget to replace police weapons
• Replace several police mobile data units
• Repair existing Deputy Fire Chief’s vehicle for use by Fire Chief instead of purchasing new vehicle
• Purchasing smaller vehicles instead of larger SUV for the fire companies
• Deferring the purchase of a new vehicle for the rescue squad
• Currently in design for Mt. Freedom/Sussex Turnpike sewers and cash is available in the sewer fund to pay for that project
• Shongum Road sewer construction will be handled as a special assessment project
• Undertaking the Brundage Park restoration project for the impacted wetlands and pursue the property owner in court for restitution
• Defer expansion of Municipal Building, however implement some improvements for court room security
• Continue with engineering analysis and architectural study for renovation to Calais Road Senior/Recreation complex
• Potential for vehicle wash building so as to be compliant with stormwater regulations
• Possible affordable housing and developmental disabilities housing projects on Bennett Avenue to use funds currently in developers’ trust fund
• Echo Lane repair in place of renovation
• Defer DPW maintenance garage to allow permitting and cost will be shared by Randolph Township General Fund, Water and Sewer Fund, and Randolph Board of Education
• Defer project to put solar roof panels on DPW and Community Center to see if how solar program pulls together
• Defer Cohn Farm rehabilitation
• Seeking a second grant to extend sidewalks on Center Grove
• Revisit issue of repairing specific retaining walls within the township
• Replacement of a ladder truck
• Putting money into 2009 Butterworth Interceptor Phase II with $6 million currently set aside for sewer projects
• Defer renovation of VFW building
• Defer renovation of animal shelter and use a trailer to house feline population
• Provide convenience parking along front of Municipal Building
• Address air handling equipment in the Municipal Building

The Manager asked the Council to consider these items and provide comments and concerns.

(4) Liquor License Renewal for 2008-2009 Heritage Golf Club

Manager Lovell noted that the appropriate fees have been paid and asked Council to approve the resolution.

Councilwoman Mitsch made a motion to approve the renewal of the liquor license for the Heritage Golf Club for the 2008-2009 season. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Price

R-385-08

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following application for renewal of alcoholic beverage license for the respective premise hereinafter designed, for the 2008-2009 season commencing July 1, 2008, and ending June 30, 2009, be and the same are hereby granted. The Township Council of the Township of Randolph adopted Resolution No. 380-08 on November 13, 2008, to rescind the liquor license renewal for Heritage Golf Club, LLC, because the pocket license application fee had yet to be paid. Said fee (listed below) has since been received by the Township of Randolph. The fees being as hereinafter listed and the said applicant having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said license in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

APPROVING AGREEMENT WITH McCANN ASSOCIATES TO PROVIDE POLICE PROMOTIONAL TESTING SERVICES

Manager Lovell noted that he endorses the use of McCann Associates to provide police promotional testing services for sergeants and lieutenants exams and evaluations for the 2008 - 2009 time period. He believes this test offers the same promotional opportunities for everybody.

Councilwoman Mitsch noted that the lieutenants support the McCann test as well and will maintain objectivity when promotions are made.

Manager Lovell noted that he could have approved the contract, however he felt that this issue was significant enough to seek Council input.

Deputy Mayor Metz made a motion to approve the agreement with McCann Associates. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Price

R-386-08

WHEREAS, it is necessary for the Township of Randolph to obtain customized written examinations and customized oral examination services with regard to the promotion of police officers to the ranks of sergeant and lieutenant; and

WHEREAS, the Township of Randolph received a proposal dated November 18, 2008, from McCann Associates for the provision of formal, customized written and oral examinations for the ranks of sergeant and lieutenant for the Township of Randolph, New Jersey, in the amount of $18,350.00; and

WHEREAS, the services to be provided by McCann Associates may be retained without competitive bidding because the $18,350.00 proposal is below the bid threshold set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, due to the unique nature of the services to be provided by McCann Associates, the Township of Randolph determined that it is not practicable to obtain additional proposals; and

WHEREAS, there are funds available for the retention of the services of McCann Associates.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

1. The Township of Randolph hereby awards a contract to McCann Associates for the provision of customized written examinations and customized oral examination services with regard to the promotion of police officers to the ranks of sergeant and lieutenant as specifically referenced in the November 18, 2008, proposal from Brian Schweitzer, Senior Account Executive, for a total cost not to exceed $18,350.00.

2. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals, and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this resolution.

3. This resolution shall take effect immediately.

Michael Soccio noted that in 2009, approximately $700,000 in debt will be retired. This should put the Township in a better position in 2010.

REVIEW AND SET PROPOSED AGENDA FOR DECEMBER 4, 2008 REGULAR MEETING

Manager Lovell reviewed the proposed agenda for the council.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reiterated her desire to have a no-smoking ordinance drafted and to have the tree ordinance revisited.

Mayor Napoliello noted that he has been discussing the issue of a no-smoking ordinance with various individuals and will be in a position to speak on that next week.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Mitsch asked that the Manager and Finance Officer provide a debt schedule showing outstanding debt and when it comes due prior to the next discussion on the Capital Improvement Program. Councilman Obremski wished everyone a safe and happy Thanksgiving.

Deputy Mayor Metz and Mayor Napoliello echoed those sentiments.

Manager Lovell noted he was able to discuss his concerns about the grants being offered by the Highlands with Eileen Swan, the Executive Director of the Highlands. She indicated that there is flexibility in the $15,000.00 and $40,000.00 grants because they recognize that what they are asking the towns to provide is going to be costly. There is information currently floating around that the $40,000.00 grant will not have to be reimbursed should a municipality decides against opting in to the Highlands.

Manager Lovell asked the Council to bring their calendars to the next meeting as proposed dates for 2009 Council meetings will be discussed.

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. Open Space Acquisition

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Deputy Mayor Metz made a motion to move into Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello
NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Price

Councilwoman Mitsch made a motion to go back into Public Session. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello
NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Price

Mayor Napoliello noted that Richard Thomas would not like to be re-appointed to the Open Space Committee, however he would be open to being assigned to another committee in the future.

ADJOURNMENT

The Mayor adjourned the meeting at 9:30 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 Napoliello.

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

ABSENT:
Councilman Algeier
Councilwoman Price

Also Present: Township Manager John Lovell and Keli Gallo of the Buzak Law Group, LLC.

Open Space Acquisition:

Regarding the Rose of Sharon property, it was a last minute application and was not listed on the Randolph’s open space plan. He stated that the county was hostile on both applications.

Do not release.

_________________________
Donna Marie Luciani
Township Clerk