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: February 1, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Deputy Mayor Mitsch. 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 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

ABSENT: Mayor Obremski

Also present: Township Manager John Lovell and Attorney Tiena Cafoni

Deputy Mayor Mitsch led the Pledge of Allegiance.

RE-APPOINT STEVE O’MARA AS CHAIRMAN—ENVIRONMENTAL COMMISSION

Councilman Algeier stated that statute requires the Council appoint the chairman of the Environmental Commission. The Councilman recommends Steve O’Mara to serve as chairman.

Deputy Mayor Mitsch noted that Mr. O’Mara has a wealth of knowledge about land related issues in Randolph.

Councilman Napoliello made a motion to appoint Steve O’Mara as chairman of the Environmental Commission. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

PRESENTATION OF ZONE CHANGE REQUEST—2nd Presentation—Baker Residential

Rob Holmes from Baker Residential and his associates presented revisions to their development plan based on the comments and suggestions of the Town Council from a previous meeting, which included:

  • Same density of 145 dwelling units (59 single family detached homes and 70 townhome units, 35 with rear loaded garages and 35 with front loaded garages)
  • 16 affordable units—4 in single family units and 12 in townhome area
  • Changes to the look of the frontage along Route 10
  • Maintenance of tree cover
  • Public green in center of site
  • Removal of recreation building/pool amenities
  • Single family clusters have more cottage-style appearance
  • Landscape and hardscape features and details
  • COAH component
  • Site plan and trail system in community
  • Anticipated pricing for units
  • Interior floor plan

Councilman Napoliello expressed concern that Randolph has had enough residential development which has put a burden on the schools. He will not support this plan unless it were a development for seniors.

Councilman Algeier and Deputy Mayor Mitsch expressed support for the plan and recommended the plan be moved forward to the Planning Board for review.

Councilwoman Price made a motion to refer this to the Planning Board for further review. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Metz
Councilwoman Price
Deputy Mayor Mitsch

NAYS:
Councilman Alpert
Councilman Napoliello

ABSENT: Mayor Obremski

PRESENTATION—SOIL MOVEMENT PERMIT HEARING—FIELDFAIR

Manager Lovell explained this proposal is for the importation of approximately 2,500 cubic yards of soil to a lot being developed on Aspen Drive. Recommendations of the Township Engineer include:

  • Work be limited to 90-day time period
  • Work is to be done between 8:00 a.m. to 5:00 p.m. or dark, whichever comes first
  • Applicants shall ensure that vehicles used to import soil use only state or county roads
  • A cash bond in the amount of $20,000.00 shall be posted by the applicant

Raymond Zerack, the attorney representing Fieldfair, noted that his client is in full conformity with the conditions of the soil movement permit.

The Deputy Mayor opened the meeting for public hearing. Hearing no comments, the public portion was closed.

Councilman Algeier made a motion to approve the soil movement permit. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

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WHEREAS, Fieldfair Corporation (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 18.02, Lot 5, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 6 Aspen Drive in the Township of Randolph; and

WHEREAS, said application reflects that approximately two thousand five hundred (2,500) cubic yards of soil will be imported to 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 Preliminary and Final Major Site Plan Approval, “C” Variance Relief, Certain Design Waivers, and to Authorize Tree Removal and Tree Protection Permit; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on August 21, 2006, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan, 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 movement 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 February 1, 2007, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on February 1, 2007, 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 Board 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 the soil movement permit application of Fieldfair Corporation, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

a) The import of soil on the Property shall be limited to a 90 day time period.

b) Soil movement activities will take place between the hours of 8:00 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 in sufficient quantities to guarantee the placement of six inches of top soil on all landscaped areas.

d) The Applicant shall insure that the vehicles used to import soil shall use only state and county roads and that the only Township roads to be used are Aspen Drive and Middlebury Boulevard.

e) The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any township, county or state roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.

f) 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.

g) A cash bond in the amount of twenty thousand dollars ($20,000) 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 guarantee that the site can be properly stabilized and to guarantee repairs to the roadways in the event they are damaged by the trucking operation.

h) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of August 21, 2007, as well as all ordinances including, but not limited to, Section 15-47, et seq.

i) 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 August 21, 2007.

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.

COUNCIL AND MANAGER REPORTS

Councilman Alpert attended the Open Space meeting where Richard Thomas was elected as chairman and Wendy Whiting was elected as vice-chair. The committee reviewed their accomplishments from 2006 and discussed possible acquisitions for open space.

Councilman Metz and Manager Lovell met with the School Board. The School Board indicated that construction at the high school is slightly ahead of schedule due to the favorable weather this winter and anticipate that construction will be complete by June 2007. Councilman Metz and School Board President Chris Carey attended the driving safety class and the School Board expressed an interest in continuing driving safety instruction to the students, possibly targeting junior drivers.

Councilwoman Price reported the Economic Development Committee is in the process of developing a survey for local businesses. The committee has already received some responses. They will continue to work on this project and report back to the Council.

Councilman Napoliello attended a Municipal Alliance Committee where Marlene Reisner and Kevin Fiedler were elected co-chairs. There was discussion on the programs the committee will be supporting as well as several programs they are sponsoring in Randolph during 2007.

Manager Lovell stated that the Board of Education and Randolph are working successfully together regarding the school buses parking at the Public Works Yard and using our fuel facilities. The Board of Education expressed an interest in exploring a permanent relationship with Randolph where the township will maintain their vehicles. Randolph and the Board of Education are exploring the possibility of shared IT services. The Board of Education has expressed an interest in utilizing an open space property the township owns on Mountainside Drive as a possible environmental education center. The Manager expects to come before the Council within the next month or two with a legal document that will return the skating rink property along Millbrook Avenue to the Board of Education.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed disappointment that members of the committees proposed to be merged by ordinance tonight were not approached and asked to give an opinion on the issue and believes the merging of these committees is a mistake.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #1-07—Amend Land Development Ordinance—Cell Towers/Antennas

Manager Lovell stated that this ordinance deals with the regulation of wireless remote and telecommunications installation in the Township of Randolph. The concept of developing this ordinance came from the Board of Adjustment. This ordinance will allow Randolph to control the placement of towers in the township. The Manager displayed a map showing the existing towers and where towers will be permitted in the future. It is the Manager’s belief that this is a defendable ordinance and noted that a great deal of effort went into the drafting and re-drafting of this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REGULATE WIRELESS TELECOMMUNICATION FACILITIES AND INSTALLATIONS IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

The Deputy Mayor opened the meeting to the public.

Judith Stewart, 114 Everdale Road, expressed general support for the ordinance, however noted that she would discourage flagpoles near residential areas where lights would be used to illuminate a flag at night, thus contributing to light pollution. She would favor an amendment specifying flags be taken down at dusk or flown only where they won’t be seen by residents, and also stating that flagpoles must be erected in the front of buildings.

Joel Liebesfeld, 45 Ridgewood Drive, expressed concern over possible health issues to residents caused by microwave towers being erected in residential areas. He would be in favor of locating cell towers in remote areas of the township and believes the town should re-visit the issue of locating towers on fire company and rescue company properties.

Allison Kieran, 11 Ridgewood Drive, stated that a cell tower on the fire company property near Woodmont would possibly affect the health of the residents as well as lower property values.

Mike Armento, 2 Sycamore Drive, stated that he believes cell towers would be an eyesore to the town.

Lois Rubin, 15 Ridgewood Drive, expressed concern about possible health risks to residents close to cell towers.

Maxine Liebesfeld, 45 Ridgewood Drive, expressed concern about possible health risks and asked the town to consider other locations in town for cell towers.

Greg Saxon, 37 Valley Road, stated that there is already too much residential development in Randolph and asked the Council to consider not building the development and use the space to locate cell towers instead.

Hearing no further comments, the public portion of the hearing was closed.

Tiena Cafoni asked the Manager if the comments from the public could have been geared toward an application already approved by the Board of Adjustment.

Manager Lovell responded that an application was withdrawn because this ordinance has been buffered. He stressed that there are several locations for cell towers proposed throughout the township, not just one.

Robert Michaels summarized the salient points of the proposed ordinance, including:

  • Cell tower applicant must provide maximum RF exposure analysis
  • Information must be presented to the Planning Board in public where residents, objectors, and interested parties can speak
  • Applicant must show proof of a need for their coverage requirement and the cell tower will have minimum impact
  • Applicant must provide testimony, evidence and exhibits that establish a need for the tower and antennas
  • Proposed property must be a minimum of one acre in size
  • Buffering, landscaping and fencing may be required
  • Removal of tower and equipment when facilities is no longer being utilized

Councilman Algeier asked for clarification that:

  • the passage of this ordinance would not automatically approve a cell tower anywhere in Randolph
  • concerned residents could attend hearings at the Planning Board and express their concerns
  • the applicant would be required to address issues concerning microwaves
  • a cell tower would not be permitted unless it met federal and state requirements concerning RF levels
  • the burden of proof would be on the applicant, not the concerned residents

Mr. Michaels responded that that was correct. This ordinance will direct cell tower applications to the Planning Board. Property owners within 200 feet of a proposed cell tower would be notified by certified mail of the hearing and they would have the opportunity to attend the meeting and be heard on the issue. Applicants would be required to adhere to all of the provisions in the ordinance.

Councilman Napoliello asked what would happen if the ordinance were not introduced.

Mr. Michaels responded that if this ordinance is not introduced and approved, then any cellular antenna carrier can make an application before the Board of Adjustment for any location in the community. This ordinance puts the town in a much stronger position to scrutinize and possibly deny applications in undesirable areas because the ordinance provides sites for the location of cell towers and antennas.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REGULATE WIRELESS TELECOMMUNICATION FACILITIES AND INSTALLATIONS IN THE TOWNSHIP OF RANDOLPH” 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.

Councilman Algeier made a motion to adopt the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

Ordinance #2-07—Amend Land Development Ordinance—OL Zone and PO/R Standards and Zoning Map Changes

Manager Lovell summarized the ordinance for the Council.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO MODIFY THE PO/R DISTRICT, TO REZONE CERTAIN PROPERTIES, AND TO MAKE VARIOUS OTHER AMENDMENTS” be read by title on second reading and a hearing held thereon.

The Deputy Mayor opened the meeting to the public.

Steven Geffner, an attorney representing the owners of a property on Route 10 and Dover Chester Road proposed as a site for The Learning Experience, noted that his client has been before the Planning Board for approximately three years, there have been hearings on their application, and his client is close to completing the application process. The introduction and adoption of this ordinance would nullify their application. He cited the Route 10 corridor study undertaken by Planner Robert Michaels last year and the fact that commercial use, not residential use, is desired along Route 10. It is his belief that this proposed ordinance is targeting his client’s application. He summarized the letter he wrote to the Township Council in opposition of this ordinance.

Mr. McDonough, owner of The Learning Experience and the property in question, described the proposed commercial application for this site to the Council. It is his belief that his application meets the goals of the Master Plan and opposed the proposed ordinance.

Mr. Geffner suggested that if the proposed ordinance is not directed at his client’s application, the Council should postpone the completion of the ordinance to allow his client to finish his application and then adopt the ordinance if Council still feels it is necessary.

Harry Luftt, 21 Musiker Avenue, believes there is a lot of residential development in Randolph and not enough commercial development. Since businesses don’t drain resources such as schools or fire and police services like residential development does, he urges the Council to reconsider the ordinance and encourage business development in Randolph.

An attorney representing the owner of 292 Route 10 LLC, stated that his client has an application being considered and the passage of this ordinance would create a hardship for him since his property is non-conforming and he would be required to seek a hard to obtain variance. He requests the Council to reconsider the ordinance in light of unintended consequences to property owners.

Dan Vigilante, the owner of 292 Route 10, hopes to relocate his CPA office, currently located in Denville, to his property on Route 10 in Randolph. He believes his application is in line with the Master Plan and urges the Council to reconsider this ordinance.

Mr. Vigilante’s attorney asked that the introduction and adoption of the ordinance be postponed until applications already in the Planning Board pipeline are completed.

Debbie Mittelholzer, 11 Kirkbride Drive, asked about the Park Avenue parcel being proposed as office space/government use. She stated that she agrees that Route 10 should be a commercial zone.

Manager Lovell clarified that the Park Avenue parcel would be rezoned as open space/government use, which would make it a protected zone that could not be developed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO MODIFY THE PO/R DISTRICT, TO REZONE CERTAIN PROPERTIES, AND TO MAKE VARIOUS OTHER AMENDMENTS” 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.

Councilman Algeier stated his belief that existing residences that border the proposed areas for rezoning would have additional protection in terms of buffering. He stated that he is a staunch supporter of business in Randolph and any inference that that Council is anti-business is incorrect. He supports this ordinance in part because he is concerned that the Highlands Act will impose restrictions on a town’s ability to control their own development.

Councilwoman Price supports commercial use along the Route 10 corridor. She suggested either postponing the introduction of the ordinance so that pending applications clear the Planning Board or else introducing the ordinance and somehow grandfathering pending applications so as not to be affected by the new ordinance.

Councilman Napoliello stated that he supports the ordinance because it protects adjacent homeowners to some of these properties.

Attorney Cafoni indicated that it is difficult to grandfather something that has not been approved. She would need to do further research before rendering advice on this issue.

Deputy Mayor Mitsch stated that she is also pro-business and that there is no anti-business bias on the Council. She also stated that this ordinance has been in the process for quite some time and is not directed at any particular application before the Planning Board.

Mr. Geffner suggested that, since Counsel has advised that she can not render an opinion this evening on grandfathering current applications, the introduction of the ordinance be carried to another date to allow time to research the issue.

Attorney Cafoni stated that if the majority of the Council is prepared to act on the ordinance and is not interested in the grandfathering provision, then carrying the ordinance would not be warranted.

Councilwoman Price made a motion to table action on this ordinance until further information from counsel is available. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Metz
Councilwoman Price
Deputy Mayor Mitsch

NAYS:
Councilman Algeier
Councilman Alpert
Councilman Napoliello

ABSENT: Mayor Obremski

Councilman Algeier made a motion to adopt the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Napoliello

NAYS:
Councilman Metz
Councilwoman Price
Deputy Mayor Mitsch

ABSENT: Mayor Obremski

The ordinance was defeated.

Ordinance #3-07—Amend Chapter 10 to Create a Community Services Advisory Committee

Manager Lovell stated that this ordinance deals with the combination of the Senior Citizens Advisory Committee, the Community Services Committee, CARES Committee.

This ordinance came about as a result of requests being made by some volunteers in the community that they were having problems achieving quorums and finding membership.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE COMBINING THE SENIOR CITIZENS’ ADVISORY COMMITTEE, THE COMMUNITY SERVICES COMMITTEE, AND THE RANDOLPH CARES COMMITTEE INTO A SINGLE COMMITTEE TO BE KNOWN AS THE COMMUNITY SERVICES ADVISORY COMMITTEE” be read by title on second reading and a hearing held thereon.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE COMBINING THE SENIOR CITIZENS’ ADVISORY COMMITTEE, THE COMMUNITY SERVICES COMMITTEE, AND THE RANDOLPH CARES COMMITTEE INTO A SINGLE COMMITTEE TO BE KNOWN AS THE COMMUNITY SERVICES ADVISORY COMMITTEE” 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.

Councilman Napoliello made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

B. Introduction

(1) Ratifying a Revised Agreement Between the Township of Randolph and the Morris County Municipal Utilities Authority for the Provision of Water

Manager Lovell stated that Randolph purchases water from the Morris County MUA. Under the original franchise agreement the amount of water that we are allowed to purchase was unlimited. The state of New Jersey will no longer recognize agreements where the amount of water taken by a community is unlimited. A water system master plan completed in 2003 defines what our future demands for water are and a new agreement has been negotiated which meets the DEP standards for franchise agreements. He noted that the MUA is looking to develop a future wellfield and in the interim have entered into an agreement with the Southeast Morris Utilities Authority for the purchase of excess water to meet customer demands. If the MUA is unable to get approval for the new wellfields and if the DEP refuses to renew the agreement with Southeast Morris, then Randolph could possibly take a loss in the amount of water we could purchase from the MUA.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT FOR POTABLE WATER SUPPLY AND SERVICE BY AND BETWEEN THE MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY AND THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 1st of March, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

Councilman Metz made a motion to introduce the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

(2) To Exceed the Municipal Budget Appropriation Limits And to Establish a Cap Ban in Calendar Year 2007

Manager Lovell reported that this ordinance is enacted every year and noted that it creates flexibility when preparing the municipal budget.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2007 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 1st of March, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilman Napoliello made a motion to introduce the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

COMBINED ACTION RESOLUTIONS

Manager Lovell summarized the add-on items.

Councilman Napoliello made a motion to approve the Combined Action Items. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

A. Refunds/Adjustments Resolutions

(1) Refund Outside Tax Sale Certificate #1819 for 124 Mountainside Drive to Abrezaur/Hanife Laypan—$46,069.00

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WHEREAS, Outside Tax Sale Certificate #1819 held by American Tax Funding, LLC, assessed to Abrezaur/Hanife Laypan, Block 199, Lot 45/45Q, 124 Mountainside Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $36,469.17 and premium in the amount of $9,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $46,069.17 to American Tax Funding, LLC, holder of Tax Sale Certificate #1819.

(2) Refund Overpayment of 2006 Taxes Due to Veteran’s Deduction for Block 77, Lot 29, to Kenneth and Mary Ruth Lareau

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WHEREAS, Kenneth and Mary Ruth Lareau have overpaid 2006 taxes resulting from a Veteran deduction in the amount of $250.00 on Block 77, Lot 29, 62 Center Grove Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $250.00 to Kenneth and Mary Ruth Lareau.

(3) Refund Escrow Funds to Spartan Oil Company for Block 45, Lot 23—$858.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Spartan Oil Company for Block 45, Lot 23; and

WHEREAS, the project has been completed and closed out.

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 Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $858.50 be refunded to Spartan Oil Company, PO Box 710, Dover, NJ 07802-0710.

(4) Refund Road Opening Cash Bond for Block 44, Lot 35, to William Pecoraro—$300.00

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WHEREAS, on January 5, 2007, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of connecting to the water system for 115 South Road, Block 44 and Lot 35; and

WHEREAS, the road opening has been repaired, inspected, and found to be acceptable.

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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Mr. William Pecoraro of 115 South Road, Randolph, NJ 07869.

B. Supporting Delta Community Supports Request for a CDBG Grant for Group Home at 40 Schoolhouse Road

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WHEREAS, John Komisor, on behalf of Delta Community Supports, has made application for CDBG grant money to upgrade the kitchen and second floor bathroom at a group home located at 40 Schoolhouse Road in Randolph, NJ; and

WHEREAS, part of the application process is to present the project to Council for their acknowledgement; and

WHEREAS, the Township Council recognizes that this organization provides a vital commendable service to the community and the residents of 40 Schoolhouse Road.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, does hereby support Delta Community Supports in their request for a CDBG Grant.

C. Authorizing Rescission of a Portion of Cliffside Body Corporation’s MCCPC Contract #15-D (Dump Bodies)

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WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on October 5, 2006, with Cliffside Body Corporation, the low bidder for Items #1 and #2 of Contract #15-D (Dump Bodies); and

WHEREAS, Cliffside Body Corporation is unable to hold their price for one (1) optional item under Dump Bodies (Items #1 and #2) due to the increase in prices of raw materials (stainless steel) as noted below:

Item #1: Dump Body for 2 to 3 Yard, Body & Hoist Combination
Option #10: Stainless steel dump body: Cost $4,741.00.

Item #2: Super Duty Dump Body for 3 to 4 Yard Model, Body & Hoist Combination
Option #11: Stainless steel dump body: Cost $5,535.00.

WHEREAS, under these circumstances, it is in the public interest to rescind this portion of Contract #15-D (Item #1, Option #10 and Item #2, Option #11) from Cliffside Body Corporation’s initial contract award.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris and State of New Jersey, that the rescission of options #10 and #11 under Items #1 and #2 of Contract #15-D (Dump Bodies) be rescinded as noted.

D. Authorizing Professional Services Agreement in 2007 Audit Services—Nisivoccia & Company for $43,000.00

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WHEREAS, the Township of Randolph has a need to acquire a Township Auditor as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year; and

WHEREAS, Nisivoccia & Company has submitted a proposal indicating they will provide the Township Auditing Services for $43,000.00; and

WHEREAS, Nisivoccia & Company has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia & Company has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Nisivoccia & Company from making any reportable contributions through the term of the contract; 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 Nisivoccia & Company as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

E. Authorizing the Rescission of a Portion of 2007 MCCPC Contract #32 (First Aid Supplies), Category B (Miscellaneous Items) Awarded on December 7, 2006, to Moore Medical

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WHEREAS, the Morris County Cooperative Pricing Council awarded a contract to Moore Medical for Categories A, B, C and D of Contract #32 (First Aid Supplies) on December 7, 2006; and

WHEREAS, it has been determined that Category B (Miscellaneous Items) was erroneously awarded to Moore Medical due to their catalog not containing the items noted within the description of Category B, resulting in their bid for this specified category being non-compliant with the specifications; and

WHEREAS, it is in the best interest of the Morris County Cooperative Pricing Council membership to rescind the award of contract from Moore Medical for Category B (Miscellaneous Items) of Contract #32 (First Aid Supplies) and re-bid this category on February 14, 2007.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the bid awarded to Moore Medical for Category B (Miscellaneous Items) of Contract #32 (First Aid Supplies) be rescinded and re-bid on February 14, 2007 on behalf of the Morris County Cooperative Pricing Council membership.

F. Authorization to Provide Animal Control Services Contract to Town of Dover

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WHEREAS, the Town of Dover wishes to obtain Animal Control Services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2007.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Town of Dover.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

G. Approve Soil Movement Application—Fieldfair Associates

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Acted on separately.

H. Raffles

(1) On-Premise Gift Basket Raffle, Mountview Road School PTA, March 29, 2007, 5:00 p.m. to 11:30 p.m. at the Skylands at Randolph, Route 10 West, Randolph, NJ 07869

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello made a motion to adopt a resolution in support of the Lake Hopatcong Commission to get funding to clean up the lake. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch

NAYS: None

ABSENT: Mayor Obremski

Councilman Alpert attended the League of Municipalities seminar for newly elected officials and distributed handouts from that seminar.

Councilman Algeier asked if there has been any movement toward legal advertising on the internet.

Manager Lovell responded that he plans to look into that and will get back to the Council with more information after he discusses it with the Township Attorney.

Councilman Algeier reminded the Council members to take a look at Echo Lane regarding their request for improvements to the road.

The plan to send the Township Engineer before the Denville Planning Board on the Echo Lane issue was discouraged so as not to invite negotiations with Denville on paying for improvements.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, encouraged the Council with their efforts on shared services. She expressed concern that recycling is not being done in the school district and would like the Council to bring this issue to the Board of Education.

Manager Lovell invited the Council to stop by the Brundage Playhouse and see the renovations taking shape there.

ADJOURNMENT

Deputy Mayor Mitsch adjourned the meeting at 10:20 p.m.

Donna Marie Luciani
Township Clerk