502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: April 27, 2006

A work session of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Algeier. 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 January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

Mayor Algeier led the Pledge of Allegiance.

PRESENT:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price (arrived 8:10 p.m.)
Deputy Mayor Obremski
Mayor Algeier

ABSENT: Councilman Manning

Also present: Township Manager John Lovell and Township Attorney Buzak

Manager Lovell stated that he was notified by Councilman Manning that he was called away on business and would not be able to attend the meeting.

COUNCIL AND MANAGER REPORTS

Councilman Napoliello reported that he attended a Highlands Compact meeting and learned there is a six month delay of their Regional Master Plan. With no further delays, Randolph would have about 21 months to decide whether or not to opt in. He brought the open space map for the county and will share that with the Open Space Committee.

Councilman Huston reported that he attended a MAC Committee meeting. He summarized for the Council some of the programs MAC is running and results of their quarterly report. They are developing a resolution to move their finances under the Randolph umbrella and will be presented to the Council for approval shortly. The Councilman also mentioned a letter from the Morris County Housing Authority regarding a project on South Salem Street where they are looking to build affordable units. There is concern at the Morris County Housing Authority that the project is loosing Council support, and Councilman Huston would like this issue put on an agenda for discussion to determine the level of support at this time.

Councilwoman Price reported that, as the public smoking ordinances go into effect on May 15, 2006, enforcement issues will be brought to the attention of the Board of Health and then coordinated with the police.

Deputy Mayor Obremski reported that the new traffic light at Dover-Chester Road and Morris Turnpike is operational.

Mayor Algeier cited a newspaper article where the Freeholders endorsed Randolph’s request to shrink the size of the Sussex Turnpike project. Randolph has always been on record as trying to get the Mt. Freedom section improved while not wanting the western section of Sussex Turnpike widened.

Manager Lovell stated that he has been in contact with Trenton regarding Sussex Turnpike and will be meeting with them in the next month or so. He will let Council know when the meeting is scheduled so they can opt to take part. The Manager also reported that he has been contacted by a company developing solar energy and wind power. He and the Assistant Manager are opening discussions, and Deputy Mayor Obremski was asked to take part in this process. The Manager attended a follow-up meeting on the Zion property where it was confirmed that Mr. Zion is still asking $6,000,000.00 for the property. A representative expects to come before the Council in late summer to make a presentation.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, requested the Manager communicate with Claire Keller from the Board of Education regarding the matter of solar energy and discussions they have had.

DISCUSSION

A. Public Works Department Presentation

Steve Bury, the Assistant Township Engineer, summarized the road overlay program for 2006. At this time, using the current funding rate and asphalt prices, the cycle for road resurfacing is going to be 35 years instead of the preferred 20 to 25 year cycle.

Bill Kerwick, the Superintendent of Public Works, summarized the leaf collection program from 2005 and highlighted areas of the new yard waste ordinance that hopefully will tighten up enforcement areas to reduce collection totals.

Manager Lovell stated that public education on this ordinance will begin in the summer with employees of the Health Department distributing leaflets to landscapers working in town, and then proceed with information in the Randolph Quarterly Newsletter in the fall.

Mayor Algeier suggested having flyers located in the Library, Town Hall, and the Recreation Department with this information as well. The Mayor asked how the new equipment storage unit was working out.

Mr. Kerwick responded that the storage unit is working well. He then summarized for the Council what phase two, which is in the budget for 2006, would entail and add to the current facilities.

Mayor Algeier suggested exploring the possibilities of an online posting board for local municipalities looking to share or trade equipment and/or facilities.

Mr. Bury updated the Council on work being done on the water main extensions recommended by the Water Master Plan.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #7-06—Municipal Stormwater Management Plan Of the Revised Ordinances

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-75, STORMWATER MANAGEMENT, OF ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, AND ADDING ARTICLE VIII, STORMWATER CONTROL, OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the United States Environmental Protection Agency ordered the State of New Jersey to deal with stormwater regulations, and the state in turn has ordered municipalities and counties to put together stormwater management plans and to begin to implement those plans. The state provided a model ordinance which has been included in our plan and adopted by the Planning Board. It was then taken by the Township Attorney and worked on in conjunction with the Engineering Department to insure that it met Randolph’s needs. There is some concern that, long-term, some projects will not be as effective and will become less functional. However, there is a deadline for having this ordinance in place.

Township Attorney Buzak summarized the notification procedures that were undertaken with this ordinance. After adoption, the County must approve the ordinance. They have received their copy and their comments will be incorporated into an amended ordinance in the near future.

The Mayor opened the meeting to the public. Hearing no comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-75, STORMWATER MANAGEMENT, OF ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, AND ADDING ARTICLE VIII, STORMWATER CONTROL, OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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.

Councilwoman Mitsch made a motion to adopt the ordinance. Councilwoman Price seconded the motion.

Councilman Huston expressed concern that this ordinance will likely generate violations when homeowners attempt to do large landscaping projects. He asked the Attorney to determine whether it would be possible, as part of the penalty section, to add language stating that homeowners be responsible for correcting violations, and if that is not done in a reasonable manner, the town would then be allowed to correct the violation and obtain a lien on the property for the cost of the work.

Mayor Algeier stated that he sees no problem asking the attorney to look into that.

The following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT: Councilman Manning

REVIEW AND SET PROPOSED AGENDA FOR MAY 4, 2006 REGULAR MEETING

Manager Lovell summarized the items appearing on the May 4 agenda.

Discussion was held concerning funds from CARES that have been transferred to the MAC Committee. It was determined that CARES has been officially disbanded and the money, which was raised through donations, is appropriate for MAC since they share common goals.

Councilman Huston stated that he will share that determination with the MAC Committee. He also asked what self-examination of the budget was.

Manager Lovell responded that the Department of Community Affairs will allow towns with good reputations and clean audits to conduct self-examinations of their budget for three years, and then on the fourth year the DCA will conduct the examination.

DISCUSSION

B. 2006 Capital Program Implementation

Manager Lovell noted that this was completed by Bill Kerwick during his earlier presentation to the Council.

C. Ordinances—Enforcement of Housing and Maintenance Codes—“Stacking”

Manager Lovell noted that two ordinances dealing with the stacking issue have been drafted and summarized them for the Council.

Attorney Buzak stated that these ordinances are drafts and will need revising. The first ordinance makes definitional changes necessary to capture the single family detached rental home in order to put that unit under the same guise as other multi-family rental houses requiring both registration and certificates of habitability when there is a change in occupancy. The second ordinance covers required inspections for smoke detectors, carbon monoxide detectors and fire extinguishers, as well as including an illegal occupancy concept inspection, and would require sign-off for certificates of occupancy by both the fire inspector and the zoning official. He hopes to have a revised draft ready for introduction next week.

Attorney Buzak also summarized the concept of a possible third ordinance dealing with the issue of relocation assistance for tenants displaced by a landlord. It is his sense that often, when evicted, tenants are not knowledgeable about their rights and landlords don’t go through the courts, and so tenants are never made aware of this money due to them.

Manager Lovell stated that if a stacking issue were discovered and the tenant was properly counseled about their rights as to the relocation assistance funds available, it could be very effective.

Mayor Algeier suggested adding to the ordinance an additional inspection of the smoke detectors, carbon monoxide detectors and fire extinguishers, to ensure they are in working order, possibly within a one year time frame of the initial inspection.

RAFFLES

(A) Amendment to Raffle License—Greek Orthodox Community Center of Randolph, Off-Premise Merchandise, October 22, 2006, 1447 Sussex Turnpike, Randolph, NJ

(B) Application for Raffle License—Aspen Ice Figure Skating Club, On-Premise 50/50, June 3, 2006, 16 Aspen Drive, Randolph, NJ

Councilman Napoliello made a motion to approve the Combined Action items. Councilwoman Price seconded the motion. The motion passed unanimously on voice vote.

COUNCIL AND MANAGER COMMENTS

Councilwoman Mitsch asked who has jurisdiction over the traffic light at the intersection of West Hanover Avenue and Shongum Road.

Manager Lovell responded that it is a Morris County installation and is located at a spot where Randolph, Denville, Parsippany and Morris Township meet. He acknowledged that there have been complaints of the light delaying the morning rush.

Councilman Napoliello suggested using the Volunteer Recognition Awards Night as a good way to bid farewell and give thanks to Jim Manning and Jon Huston for their long service to the community as they finish their years on the Council.

Councilman Huston asked where the blue signs at the intersection of Schoolhouse Road and Millbrook Avenue came from.

Manager Lovell stated that they were erected by Bill Kerwick.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked about the time frame for dealing with the pool proposal. She is going to be out of the country during some upcoming meetings and she doesn’t want to miss any Council action on the pool issue.

Mayor Algeier assured Mrs. Stewart that no Council action will be taken during the time she will be away.

Mrs. Stewart also asked if the omission of the May 4 agenda from the public packet was an oversight or deliberate.

Manager Lovell assured her that it was an oversight.

EXECUTIVE SESSION

There was no need to have Executive Session.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 9:50 p.m.

Donna Marie Luciani
Acting Township Clerk