All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: October 29, 2009
A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.
PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz
ABSENT: Councilwoman Price
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Mayor Metz led the Pledge of Allegiance.
OPEN TO PUBLIC
Maria Ricupero, 7 Deepdale Drive, stated that an unintended consequence of a recent ordinance is that she and her neighbors can no longer park their cars in front of their homes between 9:00 a.m. and 4:00 p.m. She asked the Council to consider amending the ordinance to limit parking to one side of the street only during pick-up hours from school and also to reduce the signage that has been placed in their neighborhood.
Matthew Hecht, 10 Deepdale Drive, suggested signs about parking regulations be posted at the entrance to the development in order to reduce the signs in his neighborhood. He also suggested having the school post RAM Alerts periodically during the school year reminding parents of the parking regulations when picking their children up from school.
Cassie Hecht, 10 Deepdale Drive, stated that the parking issues should be handled by the schools on a year-to-year basis.
Ann Antonucci, 11 Deepdale Drive, noted that when her children attended the school the principal would send a note to the parents which included a map showing appropriate parking and the parents would comply.
Patricia Sheridan, 3 Deepdale Drive, noted that speeding seems to be an issue at times. She also believes that there are too many signs in the neighborhood.
Councilman Obremski noted that he visited the area in question in the morning and there was not a parking problem during that time. He will visit the area in the afternoon to see if there are any issues. However, he believes the signage is overkill and suggested the Council revisit the issue.
Manager Lovell reported that typically when you put a no parking sign in, you have to be able to see the next no parking sign from where you are standing. However, in this case he believes the signage is overkill. He realizes there is a problem with the current ordinance and he will re-visit the issue, and correct the problems. He asked that someone from the affected neighborhood provide contact information so that he can communicate with them as necessary.
Debra Krog, 15 Willow Drive, stated that she is a supporter of the signs, however she would also support changing the times of the no parking regulations. She noted that drivers continue to ignore the signs that are there and doesn’t believe the law can be enforced without proper signage.
Deputy Mayor Alpert noted that it is likely the people ignoring the signs are the same people every day and suggested police patrol the area on a regular basis for a few days and issue warnings to offenders. If the same people continue to ignore the no parking regulation, summonses would then be issued. However, he believes a warning would be sufficient to encourage people to follow the law. Police could continue to patrol the area randomly after the first few days.
Matt Hecht, 10 Deepdale Drive, reiterated his belief that, while he wants to keep the children safe, speeding is not an issue and there are too many signs and it is destroying his neighborhood.
Ann Antonucci, 11 Deepdale Drive, reiterated that if there was a problem, she would be the first to request something be done.
Ralf Portmann, 1 Twilight Street, supports the regulation for no parking on one side of the street but noted that putting up signs is not going to change a person’s behavior who is inclined to disregard the regulations. He also believes it should be communicated through the school.
Mayor Metz stated for the audience that the issue will be re-addressed by the Council and Manager.
Julian DiFalco, 17 Foxwood Lane, believes that having a police officer patrol the area will help alleviate the problem. He asked if the school is still considering moving a ball field to create a parking lot.
Manager Lovell responded that it would be a very expensive undertaking and the Board of Education could not afford it at this time.
Seeing no one further from the public, the public portion was closed.
APPROVAL OF REGULAR MEETING MINUTES
(1) September 29, 2009
Deputy Mayor Alpert 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
(2) October 6, 2009
Councilman Algeier made a motion to approve the minutes as presented. 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
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
APPROVAL OF EXECUTIVE MEETING MINUTES
(1) September 3, 2009
Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:
AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz
NAYS: None
ABSTAIN: Councilman Algeier
ABSENT: Councilwoman Price
(2) October 6, 2009
Councilman Napoliello made a motion to approve the minutes as presented. 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
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
COUNCIL AND MANAGER REPORTS
Councilman Algeier noted that he attended a meeting with the Manager and Assistant Manager and the group of defendants in the Tilcon case. The meeting was well attended and the representatives were very responsive to Randolph’s approach to the litigation.
Deputy Mayor Alpert attended the Morris County Economic Development Committee breakfast along with the Manager.
Mayor Metz attended Randolph’s Economic Development Committee meeting where they began making plans for the next High School Senior Career Day. Many members of the EDC want to be involved and have made suggestions to enhance the experience. The EDC has decided to combine the presentation of their annual business awards with the Volunteer Recognition Night.
Manager Lovell noted that the MCCPC meeting regarding the Tilcon issue was very positive. The meeting was attended by Town Administrators, Managers, and attorneys from fifteen towns. The issues were presented to the group and the Manager believes that there will be close to 100 percent participation in the strategy of having a single attorney representing all and sharing in the cost proportionately. Many members expressed approval with the position Randolph has taken in this issue. The Manager attended a Board of Taxation meeting along with Barbara Gothie and Rich DeAngelis. They presented Randolph’s position that undergoing a revaluation at this time would be short-lived and very cost prohibitive in this economic climate. The Board of Taxation agreed with Randolph’s position and indicated they will invite Randolph back next year to renew discussions. The Manager noted he is pleased with the Board’s decision.
Councilman Algeier noted that the combination of Mr. DeAngelis’s presentation and the information provided by Ms. Gothie provided the Board of Taxation with the information necessary to make a reasonable determination on Randolph’s behalf.
COMBINED ACTION RESOLUTIONS
Councilman Napoliello made a motion to approved the Combined Action Resolutions. 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
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
A. Release Escrow Funds for Police Detail to Randolph High School Band Parents Association—$157.50
R-341-09
WHEREAS, the Finance Department received escrow funds for Police Detail; and
WHEREAS, the Detail work has been completed.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amount be refunded:
Randolph High School Band Parents Assoc. $ 157.50
B. Authorize the Rescission of Portion of MCCPC Contract #40 From Airgas East Due to Non-Compliance and Re-Award to Absolute Fire Protection
R-342-09
1. WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a portion of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) to Airgas East on June 25, 2009, specifically Item #64 (Bullard) in Category B (Equipment for Emergency Personnel); and
WHEREAS, Airgas East submitted the highest discount for Item #64 (Bullard) but their bid did not include the entire line of the Bullard brand which is not in compliance with the bid specifications where the entire manufacturer brand (Bullard) must be covered under their bid.
WHEREAS, it is in the best interest of the MCCPC to rescind a portion of Airgas East’s bid for Item #64 (Bullard) for non-compliance with the bid specifications.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #64 (Bullard) in Category B (Equipment for Emergency Personnel) of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) be rescinded from Airgas East initial contract award for non-compliance with the bid specifications.
2. WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council recommends the re-award of Item #64 (Bullard) in Category B (Equipment for Emergency Personnel) of MCCPC Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) to Absolute Fire Protection Company for providing the bid for Item #64 (Bullard) in compliance with the bid specifications.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #64 (Bullard) in Category B (Equipment for Emergency Personnel) of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) be re-awarded to Absolute Fire Protection Company for compliance with the bid specifications.
C. Authorizing Award of MCCPC Contract for Purchase of Model Year 2010 Vehicles as Needed
R-343-09
WHEREAS, the Township of Randolph authorizes an award of five (5) contracts on behalf of the Morris County Cooperative Pricing Council (MCCPC); and
WHEREAS, bids have been advertised and received on September 22, 2009, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the following contracts:
Contract #15-A: Police Pursuit Vehicles (4 Categories)
Contract #15-B: Administrative Passenger Vehicles (5 Categories)
Contract #15-C: Utility Vehicles (14 Categories)
Contract #15-D: Dump Bodies (9 Categories)
Contract #15-E: Hybrid Vehicles (2 Categories)
WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets dated October 9, 2009, are the lowest responsible bidders meeting the specifications for each contract and should be awarded as noted.
NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for each individual category within Contracts #15-A, B, C, D and E noted above.
D. Release Performance Guarantee for Installation of On-Site Water Main Constructed at Block 227, Lot 22, to Green View Mendham Inc.—$107,992.50
R-344-09
WHEREAS, the Randolph Township Engineering Department has received a request from Green View Mendham, Inc., for the release of the cash performance guarantee posted for public water system improvements constructed in conjunction with the Green View Mendham, Inc. subdivision located on Block 227, Lot 22, Mendham Township; and
WHEREAS, the developer was required to post a performance guarantee to guarantee the installation of an on-site water main constructed at the Green View Mendham, Inc. subdivision; and
WHEREAS, the developer opted to post the entire performance guarantee in cash in the amount of $123,420.00; and
WHEREAS, the Engineering Department has certified that all the water system improvements have been satisfactorily completed; and
WHEREAS, the developer is obligated to post a maintenance guarantee in the amount of $15,427.50 for a period of two years; and
WHEREAS, the developer has also requested that the Township retain the required maintenance amount of $15,427.50 from the cash performance guarantee.
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 Ralph Carchia, Engineering Administrator, that the Township release the performance guarantee in the amount of $123,420.00 and retain $15,427.50 to serve as the required maintenance guarantee, making the cash performance bond release amount $107,992.50 plus accrued interest to be released to Green View Mendham, Inc., 4 Tanger Lane, Morristown, NJ 07960.
E. Professional Services Agreement with Environmental Health Investigations, Inc. (EHI) to Provide Asbestos Surveys for the Tucker and Wright Properties—Not to Exceed $5,000.00
R-345-09
WHEREAS, the Township of Randolph has a need to acquire Environmental Health Investigations, Inc., as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and
WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and
WHEREAS, Environmental Health Investigations, Inc., has indicated they will provide the asbestos survey for an amount not to exceed $5,000.00; and
WHEREAS, funds are available for this purpose.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Environmental Health Investigations, Inc., as described herein.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 29, 2009
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, Various Capital Improvements, to award a contract to Environmental Health Investigations, Inc., for an Asbestos Survey for the Tucker and Wright Properties in the amount not to exceed $5,000.00.
_____________________________
Michael J. Soccio
Chief Financial Officer
F. Authorize Professional Services Agreement Change Order #2 for $1,156.35 for Additional Electrical Work at Municipal Building for Wojchik Electric Bringing New Total to $42,867.47
R-346-09
WHEREAS, the Mayor and Township Council of Randolph awarded a contract to Wojchik Electric for lighting and retrofitting pursuant to a prior energy audit for a contract price of $41,221.19; and
WHEREAS, Change Order 1 was issued on September 15, 2009, in the amount of $499.19; and
WHEREAS, due to furniture placement issues, Wojchik Electric will be replacing some wall switches with ceiling switches and adding wall switches to storage closets; and
WHEREAS, the cost of these changes amounts to $1,156.35; and
WHEREAS, after careful review and consideration, the Manager’s Office approved Change Order 2 and the project will be completed upon approval of same bringing the total cost to $42,867.47.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract with Wojchik be so amended.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 29, 2009
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #9-08, Various Capital Improvements, to amend the contract with Wojchik Electric for Additional Electrical Work at the Municipal Building in the amount not to exceed $1,156.35.
_____________________________
Michael J. Soccio
Chief Financial Officer
G. Raffles
(1) Off-Premise Merchandise Raffle, NJ Rangers FC, January 23, 2010, 6:00 p.m., at the Randolph Diner, 507 Route 10, Randolph
PRESENTATION ON SENIOR/COMMUNITY CENTER PROJECT AND LIBRARY IMPROVEMENT—Architect Ben Horton
Manager Lovell stated that the Council made a decision earlier in the year to address the Senior Community Center on Calais Road. That building has never had a significant upgrade since the Township took possession of it. Mr. Horton was hired to design a renovation and expansion of the building. The Library building exterior was found to be in need of several upgrades as well, and so another aspect of this project is to develop a site plan which will combine the Library and the Community Center. The cost of the library renovations will be covered by the library although Mr. Horton is working under contract with the township on this project. Mr. Horton has presented some preliminary drawings which have met with the approval of the staff and the Library Board. At this time, the Manager felt it was worthwhile for a presentation to be made to the Council.
Mayor Metz thanked Mr. Horton for his participation in Randolph High School Senior Career Day last year.
Mr. Horton’s comments included the following:
- Would like to tie two parking lots together as indicated on site plan for easy in and out on both sides to connect the two facilities
- Engineers will work out grading issues to determine parking
- Maintain walkway from library to senior center
- Along front of library will be new facade along entire front with covered walkway extending 6 feet along front of library to extend drop off area along entire front
- Create an entry-way that is a little larger to maintain modesty but make it more public in scale
- Cupola or clock tower to create sense of height at entry
- New entry vestibule with automatic sliding doors—library is looking into how to best use new space that would create (book return space)
- Landscaping would be redone to create outdoor reading space, possibly covered
- Put new addition on senior center
- New entry that faces main road and off parking lot
- Handicap access ramp to entrance and elevator from basement level to upper level
- Office functions and additional storage space in back and upstairs—will allow for possible future expansion
- Senior room will be slightly smaller to accommodate corridor leading to public restrooms
- Add bathroom for staff and children in day care center use
- Will add sprinkling system inside building
- Make entrance to center grander in scale
- Green space between buildings will become outdoor space or gathering space for concerts
REVIEW AND SET PROPOSED AGENDA FOR NOVEMBER 5, 2009, REGULAR MEETING
Manager Lovell presented a summary of the proposed agenda items.
END OF YEAR MEETING SCHEDULE—VOLUNTEER RECOGNITIONS AND EDC AWARDS
Council determined that the Volunteer Recognition and EDC Awards will take place on December 3, 2009, at 6:00 p.m. The Council meeting will begin at 7:30 p.m.
OPEN TO PUBLIC
Seeing no one from the public, the public portion was closed.
COUNCIL AND MANAGER COMMENTS
Councilman Napoliello nominated Joseph Capalbo as a Student Member on the Traffic Advisory Committee. Deputy Mayor Alpert seconded the nomination, and the following roll call vote was taken:
AYES:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
Councilman Algeier asked the Clerk to provide to the Council any open volunteer resumes that have been received from people requesting to serve on a committee.
Mayor Metz noted that the EDC is considering ways in which a portable sign could be purchased and used for alerting residents to upcoming events in town. It was suggested from one of the members that the Randolph Rotary could purchase the sign and could potentially sell advertising time to local businesses.
Councilman Algeier noted that it is a good idea, however local zoning laws should be checked to determine if there would be any impact.
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. Labor Negotiations
B. Personnel
C. Morris County Municipal Utilities Authority—Water Supply Agreement
D. Personnel 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.
Deputy Mayor Alpert made a motion to move into Executive Session at 9:10 p.m. 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
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
Councilman Algeier made a motion to return to Open Session at 10:30 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
Mayor Metz
NAYS: None
ABSENT: Councilwoman Price
ADJOURNMENT
The Mayor adjourned the meeting at 10:30 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 Metz.
PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz
ABSENT: Councilwoman Price
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Labor Negotiations
Manager Lovell noted that there are a number of contracts expiring on December 31, which include clerical, RTEA, and dispatch/teamsters. The clerical and RTEA groups have met with him and expressed concern about the economy and their positions. The Manager emphasized that he doesn’t believe in furloughs or in closing Town Hall for one day each week as a way to save money. Currently members of these groups can earn merit pay at the end of the year based on performance. He is proposing that the employees receive the merit amounts in their salary, which would work out to approximately two percent, and then eliminate the merit pay beginning next year. It would be a zero impact to the budget. The Manager is also looking into a new health plan that would mirror typical private sector plans for all new hires.
Council indicated agreement with the Manager’s proposals.
Personnel
Manager Lovell reported that the two officers recently involved in the DUI case have filed grievances to receive pay for comp time, vacation days, and sick time. The Manager has been working with Fred Knapp. Mr. Knapp cites a statute dealing with paying vacation time at the end of service only under honorable conditions. However, payment of compensatory time falls under a federal statute, trumping any local laws, that says compensatory time must be paid. The issue of payment of sick time is not addressed in the contract in the case of dishonorable separation. The grievance filed by Officer Kepler demands all three payments, so the township will reject the grievance based upon the statute for vacation time. The case may end up in arbitration at some point and there may be some negotiation to offset some of the demands.
The Manager addressed the issue of Officer Kepler being suspended with pay. The Manager agreed to the suspension with pay because they hadn’t been charged with any crime. They were subjects of an investigation. Had they been arrested or charged in any way, he would have agreed to suspension without pay.
Manager Lovell noted that Officer Kepler’s retirement benefits may be penalized because of his actions.
Councilman Algeier asked if there was any way to let the public know that the township will fight the grievance.
Manager Lovell responded that when we go forward with arbitration the Council will have to lock in a figure for Mr. Knapp to defend the Township, and at that time he can state publicly what that money is for.
Manager Lovell noted that internal investigations are about to start against three other officers involved in this matter. The officer who changed the computer entry claims she was forced to do so, however this claim is denied by the other officers involved. The cousin of the individual initially arrested is also being investigated. There are also two officers that were on duty that night who did not come forward immediately, and they will likely receive a reprimand.
Councilman Algeier asked for a status on the new attorney hired to help with the police department. The Councilman believes that in the past the Council has been out of the loop on activities occurring in the police department and suggested the Manager change some of his monthly reporting requirements.
Manager Lovell responded that there have been no bills submitted yet however the Manager is scheduled to meet with him in November. At that time the Manager will ask for a full update on his activities to date regarding revising the rules and regulations and he will report back to the Council.
Morris County Municipal Utilities Authority—Water Supply Agreement
Do not release.
Personnel Evaluations
Do not release.
_________________________
Donna Marie Luciani
Township Clerk