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: August 31, 2006

A work session meeting 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.

PRESENT:
Councilman Huston
Councilman Manning (excused himself at 9:10 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted a resolution urging Governor Corzine to cut state spending and taxes. She suggested the Governor be urged to increase school spending as a way to cut property taxes.

PRESENTATION—MICHAEL BABYAK—RVRSA UPDATE

Michael Babyak, Randolph’s representative on the Rockaway Valley River Sewer Authority, provided a brief update on what is happening at the RVRSA, as well as current state requirements regarding clean water and the issue of nitrate and phosphorus in the water.

Edward K. P. Ho, Executive Director of the RVRSA, provided information on how the RVRSA operates and the role they play in protecting the environment. He included some information regarding steps being taken to secure the site should some form of terrorism be attempted.

COUNCIL AND MANAGER REPORTS

Councilman Huston asked the Manager to provide an update on code enforcement activities pertaining to a resident. After learning that a growth share ordinance has never been adopted in Randolph, he suggested adding this item to a future agenda for discussion and possible action. The Councilman has become aware of an affordable housing unit in town that is possibly not being used as intended and asked how the affordable housing rules are enforced.

Manager Lovell responded that complaints are often brought by various homeowners’ associations and those complaints are forwarded to the state for investigation.

Councilman Huston expressed his frustration over the rehabilitation program and the fact that it is not self-enforcing. While attending the MAC Committee Meeting, Councilman Huston noticed that only three of the attendees were volunteers while all the others are professionals. He noted that the Committee is searching for new volunteers to add and one volunteer to head the program.

Mayor Algeier suggested Manager Lovell put information regarding MAC’s search on the web site and also inform the schools.

Councilman Huston reported that the schools approached the MAC Committee requesting a grant to help fund a program providing teacher training with regard to a service learning element being added to the curriculum for senior students. The grant will be given from the left over CARES Committee funds that are now under the auspices of the MAC Committee.

Councilman Napoliello reported on a resolution on the agenda pertaining to a farmland preservation application for Redwood Gardens. The Open Space Committee is in favor of preserving the land as a farm and nursery as well as passive recreational uses. He urged the Council to support the resolution.

Councilwoman Price noted that the Landmarks Committee visited the Shongum Lake Club House and is busy documenting the history of the place for submission to the historic registry. The Landmarks Committee is also busy upgrading various landmark signs around town and also going to the schools in search of a student member for their committee. The Economic Development Committee is working on their annual fall banquet recognizing local businesses. They are also working with other towns to find out how they attract business and also to provide helpful information to struggling businesses in town. The Councilwoman reported that the Kiwanis Club will be celebrating their 35th anniversary on September 15 with a celebration at the Skylands to which the entire Council is invited.

Councilwoman Mitsch stated that the Board of Education will be parking their buses at the Harbor Hills Camp temporarily until they can locate to the DPW site. It was recommended that night time security be placed at Harbor Hills so prevent possible vandalism to the buses. There will be two police officers providing traffic control assistance during the first week of school. There was also discussion concerning emergency management planning, the need to have standardized plans throughout the district, and what has been done at Town Hall on that level. The schools have undergone a major upgrade of their computer system and will be in a position to discuss sharing with Town Hall.

Mayor Algeier noted that cooperation between Town Hall and the Board of Education is at a high level.

Deputy Mayor Obremski reported that he attended the annual VFW picnic where Peter Knothe was honored for his 55 years in that post. Membership in the VFW has grown since combining with the post in Chester. The Deputy Mayor is happy to be able to support the group.

Mayor Algeier stated that he attended a joint meeting of the Morris County Human Relations Council and the Morris County Historical Society. He noted that a Randolph resident is the chairman of the Morris County Human Relations Council. The Mayor also noted that September is National Preparedness Month and information will be distributed in many forms to the residents about the importance of taking an active role in their own preparedness and not simply relying on various government entities to take of any crisis that may arise.

Manager Lovell reported that the new vehicle storage facilities at the DPW site are under construction. He also noted that the former Mishkin property will be demolished during the second week of September. The Manager informed the Council that the town is searching for the lease for the old roller hockey rink on Millbrook Avenue in order to vacate the land and turn it over to the Board of Education as part of their central school campus. Manager Lovell reported that the town is in good budgetary shape at this point with regards to energy costs as well as police overtime, which is an area that is being closely monitored by the Manager and Police Chief. He noted that more police officers are on patrol on the streets. The Manager has set the dates of September 14 and September 25 to hold meetings between the Mayor and impacted residents of the Mt. Freedom area regarding new zoning proposals, and a meeting on September 13 with the Mayor and residents or business owners impacted by the commercial core overlay proposals along Route 10, and invited any Council member wishing to attend.

Mayor Algeier noted that those wishing to attend the meetings should let the Manager know as soon as possible since advertising would need to be completed if four or more will be at the meetings. The Mayor thanked the Council for their cooperation regarding the police staffing and reorganization issue. He asked if, in light of the construction at the high school, if the various teams would be using the Freedom Park fields for games and practice.

Manager Lovell stated that cooperation between the High School Athletic Director and John Van Brunt is very good and that the high school will be using township facilities.

SOIL MOVEMENT HEARING—BLOCK 71, LOTS 9 AND 10—COLLINSON BROTHERS

Manager Lovell reported that the current resolution regarding the soil movement permit incorporates comments and suggestions from the Township Engineer.

Michael Shivietz, the attorney for the applicant, and Steven Smith, a professional planner and land surveyor from Jaman Engineering, spoke on behalf of their clients regarding an application to move approximately 3400 cubic yards of soil. This project will demolish two existing homes, subdivide the property, and erect six new homes. One requirement of the application calls for the removal of soil beyond the limits of Randolph, and the applicant is asking for consideration to allow them to move the soil to another proposed project in town. The applicant also requested the $20,000.00 bond be lowered to $10,000.00.

The Mayor opened the hearing to the public.

Judith Stewart, 114 Everdale Road, agreed with the applicants’ request to be allowed to remove the soil to another area of town.

Several residents expressed concern over safety issues resulting from the increased traffic on High Avenue due to trucks being limited to using Davis Avenue. They included Cory Grushin of 42 High Avenue, Mike Battaglia of 36 High Avenue, Judith Stewart of 114 Everdale Road, Sandra Brinker of 25 Bedminster Road, and Nancie Ludwig of 14 Lookout Road.

The Mayor closed the public portion of the hearing.

Manager Lovell recommended the Council not lower the $20,000.00 bond since the cost of road repair is an expensive undertaking. Regarding the applicants’ request to be allowed to move soil to another project in Randolph, the Manager would favor not making any commitments at this time since the other project has not been approved by the Planning Board while allowing the applicant to come back to the Council at the appropriate time for possible revision.

Council discussion followed and there was agreement by all parties to add the following amendments to the resolution: (1) work should end at 5:00 p.m. or when darkness falls, whichever comes first; (2) any top soil in excess of six inches shall be disposed of at the sole discretion of the Township Engineer; (3) the construction of a wheel wash if required by the Township Engineer; (4) sweeping the street of mud and debris every Friday during the soil removal period.

Mayor Algeier noted that the 60 day period begins when the bond is posted.

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

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

NAYS: None

EXCUSED: Councilman Manning

R _____

WHEREAS, Collinson Brothers Properties, LLC (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 71, Lots 9 and 10, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 19 Davis Avenue and 21 Davis Avenue in the Township of Randolph; and

WHEREAS, said application reflects the approximately three thousand four hundred (3,400) cubic yards of soil that will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the Preliminary and Final Major Subdivision approval, “C” variance approval, Tree Protection Permit, and approval for Soil Erosion and Sediment Control relating to the property; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on June 5, 2006, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Subdivision, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4(C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on August 31, 2006, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on August 31, 2006, provided in the notice to appropriate property owners; and

WHEREAS, the subdivision plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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 Council has reviewed the application and recommendations of the Planning and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants soil movement permit application of Collinson Brothers Properties, LLC, consistent with said application submitted by the Applicant, and in accordance with the subdivision plan delivered to the Township of Randolph, subject to the following conditions:

(a) The removal of soil on the property shall be limited to a 60 day time period from when the bond is posted.

(b) The removal may be done only between the hours of 9:00 a.m. and 5:00 p.m. or dark, whichever comes first, Monday through Friday, excluding public holidays.

(c) Top soil shall be retained on the site and no top soil is to be removed from the site. Surplus top soil shall be removed with the approval of the Township Engineer.

(d) The Applicant will be required to install a wheel wash at the direction of the Township Engineer. The Applicant will be required to sweep the street of mud and debris every Friday during the soil removal process.

(e) The Applicant shall insure that the vehicles used to remove soil shall follow Quaker Church Road to Randolph Avenue to Canfield Avenue to Route 46 or Quaker Church Road to Dover Chester Road to Route 10.

(f) The Applicant shall load and unload construction equipment and/or earth movers on site only. The Applicant shall not load or unload on any Township, County, or State roadway.

(g) The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

(h) The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

(i) A cash bond in the amount of twenty thousand dollars ($20,000.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done to High Avenue or Davis Avenue as a result of the soil movement operation. In addition, a cash bond in the amount of five thousand dollars ($5,000.00) shall be posted to guarantee the completion of the soil movement operation.

(j) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of June 5, 2006, as well as all ordinances including, but not limited to, Section 15-47, et seq.

(k) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on June 5, 2006.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.

4. This Resolution shall take effect immediately.

COMBINED ACTION RESOLUTIONS

Deputy Mayor Obremski made a motion to approve Items A, C, D, E and F. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

EXCUSED: Councilman Manning

A. Refunds and Adjustments

R _____

No refund or adjustment resolutions.

B. Authorization for Issuance of Soil Removal Permit—Block 71, Lots 9 and 10—Collinson Brothers

R _____

Acted on separately.

C. Authorization to Continue Operation of the Morris County Cooperative Pricing Council as the Lead Agency on Behalf of its Membership for an Additional Five Years

R _____

BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, Morris County, New Jersey, as follows:

That the Township of Randolph be authorized to renew its membership and continue operation of the Morris County Cooperative Pricing Council on behalf of the total membership as the “lead agency” for an additional five (5) year period effective October 1, 2006, and expiring September 30, 2011, unless the Township of Randolph and the Division of Local Government Services elects to withdraw.

D. On-Premise Tricky Tray, Friends of Employment Horizons, Meadow Wood Manor, October 19, 2006, 6:30 p.m. to 9:30 p.m.

E. Off-Premise 50/50 Raffle, St. Matthews the Apostle Parish, December 3, 2006, at 12:00 noon, 335 Dover Chester Road, Randolph

F. Off-Premise Raffle, RHS Band Parents Association, May 18, 2007

G. Support Farmland Preservation Application for Redwood Gardens on Morris Turnpike

R _____

Acted on separately.

Councilman Huston expressed support of the application for participation in the Farmland Preservation Program, however he would not like the resolution to be interpreted as a promise of a financial commitment by the Township.

Councilman Napoliello stated that it was his impression that the Council’s support of the farmland preservation was most important to the property owners and not the financial aspect.

Mayor Algeier agreed that the Council would support the preservation however it must be clear to the applicants that Randolph is not committing to any financial obligation.

Councilman Napoliello made a motion to approve Item G. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

EXCUSED: Councilman Manning

R _____

WHEREAS, the residents of the Township of Randolph (“Township”) have been steadfast proponents of the preservation of open space and farmland throughout the community; and

WHEREAS, William and Dolores Martin, the owners of property known as Redwood Gardens, located in the Township at 65 Morris Turnpike, Block 44, Lot 41, desire to make application to the Morris County Agricultural Board for the purposes of preserving their property as farmland within the Township; and

WHEREAS, this 17-acre parcel is currently operated as a farm/nursery which serves residents of the Township as well as throughout Morris County; and

WHEREAS, William and Dolores Martin have made application for farmland preservation status to the Morris County Agricultural Board in the past and have been denied twice; and

WHEREAS, William and Dolores Martin have expressed an interest in not only preserving the land for preservation purposes but also to allow children’s groups throughout the Township to utilize the property for educational purposes; and

WHEREAS, the Morris County Agricultural Board has recommended that William and Dolores Martin obtain local support from the Township in order to assist them with their application.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, in Morris County, New Jersey, that the application to the Morris County Agricultural Board for farmland preservation by William and Dolores Martin, the owners of property known as Redwood Gardens, located in the Township at 65 Morris Turnpike, Block 44, Lot 41, be given the enthusiastic support and encouragement of the governing body of the Township of Randolph.

REVIEW AND SET PROPOSED AGENDA FOR SEPTEMBER 7, 2006 REGULAR MEETING

Manager Lovell reviewed the agenda items with the Council.

Mayor Algeier and Councilman Huston asked for further clarification on the ordinance pertaining to keeping horses in town which the Manager provided.

DISCUSSION

(a) Sale of Center Road Lots

(b) Sale of Pump House Property, Block 112.01, Lot 52

Manager Lovell reported that the Center Road property can only accommodate two lots under the zoning standards of the township and will go through the process of a minor subdivision. He would like to see a resolution authorizing the sale of the lots and setting a minimum bid of $300,000.00.

The Manager stated that the pump house property must be sold at public auction as well. The Assessor has appraised the property at $15,000.00, and he would like to set the minimum bid of $20,000.00 to cover soft costs.

The auction would incorporate both properties and will be conducted in-house. Information about the auction and properties will be sent out.

(c) Zone Requirements Amendments—Jon Huston

Councilman Huston suggested possible amendments to zoning requirements. They include scaling back impervious coverage allowances by five percent and improving design alternatives for detention/retention basins to include underground storm water facilities.

Mayor Algeier recommended obtaining more information from the Planning Department on what surrounding towns are allowing regarding impervious coverage. He likes the idea of investigating the concept of underground water facilites.

Manager Lovell stated that he will contact surrounding communities and make inquiries.

(d) Authority to Create Specific Penalties Under Stormwater Regulation

Carried to September 7 meeting.

(e) Easement Acquisition for Water Booster on Tamari Court

Manager Lovell requested carrying this issue to September 7, however he would like the Council to start considering the possibility of doing this project as a full assessment for the neighborhood since this project will only benefit those homeowners on Tamari Court. Many of the homes were built with booster systems.

(f) 2007 Budget/Pension Impacts—Set Budget/Operations Committee Meeting Date

Manager Lovell reported that Council should anticipate a one cent increase to pick up the pension impact this year, although in general Randolph is in good shape budgetarily. There is a budget meeting set for September 6.

(g) NJ DOT Request to Have a Noise Ordinance Waiver

Manager Lovell reported that the NJ DOT is requesting the noise ordinance be waived so they can complete a 2007 overlay project on Route 10 as a night time project.

(h) National Preparedness Month—Gary Algeier

Mayor Algeier covered this issue in the opening Council and Manager Reports. He reiterated his belief that preparedness starts at home. There will be articles in the Randolph Reporter each week in hopes of keeping awareness up.

APPOINT STUDENT MEMBERS: OPEN SPACE/ADVISORY HEALTH BOARD/RECREATION COMMITTEES

Councilman Napoliello nominated Kristi Obremski to the a student member on the Recreation Committee and nominated Trisha Chakraborty to be a student member on the Open Space Committee.

Councilwoman Price nominated Nicole Betz to be a student member on the Board of Health.

Hearing no further nominations, the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski (abstained on Kristi Obremski)
Mayor Algeier

NAYS: None

EXCUSED: Councilman Manning

COUNCIL AND MANAGER COMMENTS

Manager Lovell reported that the tenant living at the township-owned property on Mountainside Avenue has left. Before re-leasing the property, he has sent a letter to the Board of Education asking them if they would like the property to perhaps use as an environmental center.

Councilman Huston stated that traffic from Morris County College tied up the roads around it, and perhaps the issue of direct access to the campus from Route 10 should be revisited. He also expressed disappointment that the Board of Education seems to be focused on short-term fixes rather than long-term planning for their campus in light of the fact that they are choosing under-utilize the old Barn property.

Deputy Mayor Obremski noted that the level of cooperation between the Athletic Director for the schools and John Van Brunt has not gone unnoticed and is certainly appreciated.

Councilman Napoliello asked if perhaps the Freeholders could be approached about support for having the County College install some sort of direct access along Route 10.

Councilwoman Mitsch asked if anyone knew why there were camera crews at a home on Pierson Hill Road.

Assistant Manager Russo responded that filming was going on inside the home but they are not sure what was being filmed.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested the town rethink their stance of having mules in town. She also commented on the issue brought up by Councilman Huston regarding service learning being introduced at the high school. She noted that this is an initiative by the State Department of Education and the State Board of Education.

Jim McConnell, 45 Carrell Road, expressed his opinion that mules are warranted in town. He also expressed disappointment with the apparent reluctance of the County College in allowing direct access to Route 10 from their campus.

Sandra Brinker, 25 Bedminster Road, responded to Councilman Huston’s comment about long-range planning by the Board of Education and noted that an updated long-range facilities planning document is due out soon. She thanked the Council for appointing her to the Rockaway River Watershed Cabinet and informed the Council that a new off-shoot organization called the Rockaway River Coalition has been formed. The purpose of this new organization is to educate the public about the Rockaway River.

A resident from Robin Drive asked about the timing of the auction for the pump house, what will happen to the materials that are currently on the property, what will happen if the auction fails to bring about a sale, if the easement that goes along the driveway will be vacated.

Manager Lovell responded that the timing should be about six weeks, the building and materials will be the property of the new owner, the easement along the driveway will be vacated by the township, and should the auction not bring about a sale, a new auction could be held. He also noted that water will be completely shut off to that property.

Manager Lovell noted that the two items on the Executive Session can be carried to September 7.

EXECUTIVE

Carried to September 7, 2006.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 11:00 p.m.

Donna Marie Luciani
Township Clerk