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 2, 2006

A regular meeting of the Randolph Township Council was called to order at 8:08 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
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price (arrived at 8:15 p.m.)
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance. Katherine Brindle sang the National Anthem as part of the ceremony to honor CW-4 Ken Lareau.

Mayor Algeier recognized the scouts and members of the First Aid Squad in attendance.

PROCLAMATION PRESENTED TO FIRST AID SQUAD LIFE-MEMBER KENNETH L. LAREAU, RETURNING FROM MILITARY SERVICE IN KOSOVO AS A CW-4 HELICOPTER PILOT - UNITED STATES ARMY

WHEREAS, Chief Warrant Officer Kenneth Lareau, resident of Randolph, and a Life Member of the Randolph Rescue Squad, returned on January 28 from an 18 month long peacekeeping mission in Kosovo; and

WHEREAS, Kenneth Lareau began his military career with two tours of duty in Vietnam beginning in 1967, followed by distinguished service in the New Jersey and Pennsylvania National Guard; and

WHEREAS, while serving in Kosovo as a member of the New Jersey National Guard, he flew the Army’s UH60, commonly known as the Blackhawk helicopter; and

WHEREAS, Kenneth Lareau is retiring from the National Guard, effective in the summer of 2006, and will be enjoying his civilian life by returning to Boy Scout Troop #50 as Scout Master and sailing with his wife Mary Ruth; and

WHEREAS, through the sacrifices of our military men and women, security was achieved in Kosovo, and other regions of the former nation of Yugoslavia, ending years of war and untold civilian casualties.

NOW, THEREFORE, BE IT RESOLVED that I, Gary C. Algeier, Mayor of the Township of Randolph, along with all members of the Township Council and citizens of Randolph, welcome Kenneth home, congratulate him, and express our gratitude and appreciation for his service to our nation.

Mr. Lareau thanked the Mayor and Council for the ceremony honoring him and in return thanked them for what they do for Randolph.

COUNCIL AND MANAGER REPORTS

Councilman Huston thanked the Manager for transmitting the electric transmission line information to the Health Officer and thanked Deputy Mayor Obremski for providing background information. He is eager to see the Health Officer’s report on the chemicals being used to clear vegetation from the lines. The Councilman asked Manager Lovell about an environmental violation from the DEP dating back to September regarding a property owner at 1298 Sussex Turnpike.

Manager Lovell replied that there is an abatement process undergoing on that property at this time. He will check with the Township Engineer and get back to the Council. The Manager also reported that he needs a headcount of those planning to attend the dedication of the senior citizen bus on February 7. He is working on the 2006 budget with the Finance Director and may need to reschedule the first Budget meeting.

It was decided to start budget meetings on February 21.

Mayor Algeier noted that the tonnage for garbage pick-up dropped significantly and believes this is due to Randolph’s efforts in tracking the trucks as they entered town. He would like Council’s consent to undertake preliminary work in an effort to see whether or not there are grounds for a lawsuit against Gary Grey Trucking.

Manager Lovell responded that he believes this would be a good idea. He has been tracking this situation for quite some time as well and believes the dollar amount to be quite substantial.

Councilman Huston suggested checking the accuracy of the tonnage reports before undertaking any legal action.

Manager Lovell replied that the evidence is not in the Health Department reports but in vouchers and white tags. He has put together information which he will share with the Township Attorney and Council. The Manager would like to discuss this issue in Executive Session.

Mayor Algeier added a discussion on Randolph’s stacking ordinances and an increase in fines to the agenda items.

OPEN TO PUBLIC

Hearing no comments, the public portion was closed.

ORDINANCES

A. Introduction

(1) Amend Open Space Committee Membership

Manager Lovell recommended that no action be taken on this ordinance at this time until further review and comment from the chairperson of the Open Space Committee.

(2) Agreement to Purchase Mishkin Property - Oil Tank Remediation

Manager Lovell stated that this ordinance has been amended slightly to deal with the remediation of the soil contamination that occurred due to a leaking underground storage tank on the property. All costs associated with the clean up will be taken off of the purchase price. There is also a modified agreement dealing with inspection requirements.

Mayor Algeier suggested hiring a professional company to do the soil clean up. He also noted that the property being purchased is adjacent to the Recycling Center and DPW Garages and will potentially allow for expansion of DPW and recycling activities.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO AN AGREEMENT FOR CONVEYANCE OF REAL ESTATE DATED MAY 4, 2005 (MISHKIN PROPERTY)” be introduced and 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 March 2, 2006, at 7:30 p.m. 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.

Councilwoman Mitsch made a motion to introduce the ordinance. Councilman Manning seconded the motion and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Manning moved the Combined Action Items with the exception of Item C. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment Due to 2004 and 2005 Tax Reduction for Block 119, Lot 105, to GU Randolph 99 LLC - $87,230.00

R _____

WHEREAS, GU Randolph 99 LLC has been granted a reduction in assessed valuation for the tax years 2004 and 2005 by the Tax Court of New Jersey on Block 119, Lot 105, known as 690 Millbrook Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2004 in the amount of $36,120.00 and $51,110.00 for the year 2005; 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 $87,230.00 to GU Randolph 99 LLC.

(2) Refund Overpayment of 2005 Taxes by Reason of Veteran Deduction for Block 42, Lot 96, to Randolph Galvez - $250.00

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WHEREAS, Randolph Galvez has overpaid 2005 taxes by reason of Veteran deduction in the amount of $250.00 on Block 42, Lot 96, 21 Gilmar 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 Randolph Galvez.

(3) Release Remaining Escrow for Block 136, Lot 3, for Project Being Closed Out, to Lori Jeanne Ryder - $770.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Susan Hanlon for Block 136, Lot 3, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and thre are no outstanding payments due.

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 $770.50 be refunded to Lori Jeanne Ryder, Master of Design, 349 Green Pond Road, Rockaway, NJ 07866.

(4) Refund Remaining Escrow Funds for Block 87, Lot 3, for Project Being Closed Out to Joseph Dempsey - $784.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Joseph Dempsey for Block 87, Lot 3, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 $784.00 be refunded to Joseph Dempsey, 3 Elm Place, Randolph, NJ 07869.

(5) Refund Escrow Funds for Block 53, Lot 39, for Project Being Closed Out to Robert Knox - $770.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Robert Knox for Block 53, Lot 39, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 $770.50 be refunded to Robert Knox, 75 High Street, Randolph, NJ 07869.

(6) Refund Escrow Funds for Block 145, Lot 15, to Michael Mastrantonio for a Closed Out Project - $716.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Michael Mastrantonio for Block 145, Lot 15, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 $716.50 be refunded to Michael Mastrantonio, 104 High Street, Randolph, NJ 07869.

(7) Refund Escrow Funds for Block 115, Lot 42, to Joan DiBelle, C & M Contracting, for a Closed Out Project - $10.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Joan DiBello, C & M Contracting, for Block 115, Lot 42, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 $10.00 be refunded to Joan DiBello, C & M Contracting, 25 Lawrence Road, Randolph, NJ 07869.

(8) Refund Permit Fee for Permit to Heritage Village Inc. for 27 Trout Brook Lane Due to a New Permit Being Issued - $2,672.00

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WHEREAS, a permit was issued to Heritage Village Inc. for 27 Trout Brook Lane, Block 49, Lot 3.05, Permit #04-1630, in the amount of $3,626.00; and

WHEREAS, a new permit has been issued and it is requested that the original permit fee for the job be refunded.

Total Fee $3,636.00
Less State Fee -286.00
Less 20% Review Fee -668.00
Total to be Refunded $2,672.00

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 Frank Howard, Construction Official, that $2,672.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

B. 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, 2006.

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.

C. Proposed NJDEP Amendment to the Northeast Water Quality Management Plan

Acted on separately.

D. Raffle

(1) Application for a Raffle License, Gift of Life of New Jersey, On-Premise 50/50, March 24, 2006, Meadow Wood Manor, Route 10, Randolph

C. Proposed NJDEP Amendment to the Northeast Water Quality Management Plan

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Manager Lovell reported that the DEP has proposed an amendment to the Water Quality Management Plan for New Jersey which will impact sewer treatment plants in the Passaic River Basin and require approximately a $100,000,000.00 upgrade to those sewer plants. While Randolph certainly does not oppose improving water quality, his concern is that Randolph will have to help foot an enormous cost for upgrading those sewer treatment plants, a cost benefit analysis was never performed by the DEP, and he believes there are other options for meeting the standards proposed by the DEP. This proposed resolution requests the DEP table this action and bring about debate on this issue by elected representatives in New Jersey.

Councilman Huston moved the resolution. 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

ABSTAIN: Councilman Manning

WHEREAS, the Township of Randolph recognizes and supports the concept of improving water quality; and

WHEREAS, NJDEP has proposed an amendment to the Northeast Water Quality Management Plan, 37 N.J.R. 2570 (WQM Plan Amendment) which proposes limitations upon the discharge of Phosphorus in the environment; and

WHEREAS, the cost to upgrade publicly owned sewer treatment plants to comply with the proposed regulatory level will require an investment purportedly to be in excess of one hundred million dollars to be borne by sixty seven municipalities; and

WHEREAS, objections are being raised by numerous communities in recognition of the tremendous financial burden that the regulations will necessitate.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in Morris County, New Jersey, that Governor Jon Corzine is called upon to suspend the efforts by NJDEP to adopt the amendment.

BE IT FURTHER RESOLVED that this matter should be debated by our State’s elected representatives focusing on multiple alternatives for meeting the removal of phosphorous with substantial emphasis placed on cost versus benefit analysis and options for funding improvements.

BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Governor Jon Corzine, Randolph’s legislative delegation, and Passaic River Basin municipalities.

DISCUSSION - STACKING - VIOLATIONS AND ORDINANCES

Township Attorney Buzak reported that legislation has been adopted that enables Randolph to increase fines for stacking violations. He pointed out that the fine for violating local ordinances could be increased from $1,250.00 to $2,000.00. However, there is a caveat involving ordinances dealing with housing codes and zoning codes. In order to increase the penalty for those two codes, Randolph must provide two things: a 30-day period in which the owner of the property can remediate the violation, and the property owner must be afforded a separate independent opportunity for a determination concerning a violation before a court of competent jurisdiction. Attorney Buzak asked the Council for direction in whether they want to raise the general penalty for violations of ordinances to $2,000.00 and also if they want to include housing and zoning violations, in which case those caveats must be in place.

Mayor Algeier stated that he would like to adopt the increase in fines for the general ordinances. Regarding the housing and zoning elements, he suggested that staff members responsible for dealing with those issues give their recommendations before Council takes action on that. He also asked if there was a way in which to utilize a first offense/second offense plan, with an increase in fines for second and subsequent offenses.

Attorney Buzak responded that he will look into that suggestion.

Manager Lovell reported that he asked the Assistant Health Officer to research what steps other towns are taking regarding stacking situations. When Mr. Caputo is prepared to make his recommendations for strengthening the ordinances, Manager Lovell will meet with him and the Township Attorney to begin making those changes. The Manager noted that there have been stacking situations in town. Generally concerned neighbors or tenants will contact the town to let them know about suspicious activity. His concern is that the stacking problem will continue to grow due to the shortage and expense of housing in the region. He plans to come before the Council within a month with recommendations for changing the standards of proof and hopes to gain Council’s support on these modifications.

Councilman Huston voiced concern that any changes to the stacking ordinances should be strong enough to stand up to a challenge in court.

COUNCIL COMMENTS

Councilwoman Mitsch reported that the leader of the boy scout troop in attendance asked her to thank the Mayor for his explanations of the procedures of the meeting.

Councilman Napoliello reported that a life-long resident, Bill Crowley, passed away recently. He would like to propose Council do something to commemorate his life, perhaps placing a plaque or something at the beginning of the trail near his luncheonette.

Council will take some time to consider the idea.

Mayor Algeier reported that Maggie Finnerin, the chairperson of the Board of Adjustment, is asking the Council to consider the issue of cell towers in town. There is currently no ordinance allowing cell towers in Randolph. Her concern is the use of accessory structures for the placement of additional cells. After some discussion, the Mayor suggested tabling this issue for future discussion.

Manager Lovell suggested that he create a list of accessory structures that work well and the Council can take a look at them to get a sense of the concerns of the Board of Adjustment.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked if the cost of removing the underground oil tank from the Mishkin property will be deducted from the purchase price.

Manager Lovell responded that the cost will be deducted.

Judith Stewart, 114 Everdale Road, expressed concern about flags being flown on cell towers and the importance of observing proper flag etiquette. She believes cell towers are necessary, but would like them to remain as invisible as possible.

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 this meeting.

2. The general nature of the subject matter to be discussed is as follows:

a) Easement Acquisition - Block 103, Lots 69 and 70

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.

Councilman Napoliello moved to go into Executive Session. 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: Councilman Manning

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:10 p.m.

Donna Marie Luciani
Acting Township Clerk