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: January 19, 2006

A regular 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 on the Municipal Bulletin Board in the Municipal Building and by filing notice of the meeting with the Township Clerk and providing notice of the meeting to those persons or entities requesting notification and also by notifying the Morris County Daily Record and the Randolph Reporter on January 3, 2005 by faxing them the annual resolution adopted by the Council on January 1, 2005. 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 the Randolph Reporter on January 6, 2005.

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

Also present: Township Attorney Edward Buzak, Attorney Tiena Cofoni, and Township Manager Lovell.

Mayor Algeier led the Pledge of Allegiance.

Manager Lovell presented an honorary gavel to former Mayor Napoliello and thanked him for a job well done.

PROCLAMATION PRESENTED TO FIRST AID SQUAD MEMBER JOHN FREUDENBERG FOR HIS ENLISTMENT AS AN AIRBORNE INFANTRY SOLDIER IN THE US ARMY

To honor and show support for John Freudenberg, a Randolph First Aid Squad member who enlisted in the Airborne Infantry and is leaving for overseas active duty, Mayor Algeier presented him with a Township flag, a citation from the General Assembly of the State of New Jersey, a Senate commendation, and the following proclamation:

WHEREAS, in the year 2006, the people of Iraq and Afghanistan live in free democratic societies, previously unknown to them; and

WHEREAS, this is a direct result of the sacrifices mad by military service men and women from the United States of America; and

WHEREAS, John Freudenberg, resident of Randolph and a Lieutenant in the Randolph Rescue Squad, has served with the United States Army Reserves for the past four years; and

WHEREAS, John has now enlisted for active duty as an Airborne Infantry soldier in the United States Army, and will begin his three year tour of duty on January 25, 2006 in Ft. Benning, Georgia; and

WHEREAS, John will be able to draw from his past training and leadership experience as a member of the Randolph Rescue Squad and as a former member of the Boy Scout Troop #50, where at the age of 17 he achieved the rank of Eagle Scout, the highest award of the Boy Scouts of America.

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, recognize John Freudenberg, and wish him success as an active member of our military.

PRESENTATION AND SWEARING IN POLICE OFFICERS - LT. THOMAS DONOVAN, SGT. CARL LEMARBLE

Thomas Donovan was sworn in to the position of Lieutenant in the Randolph Police Department. Carl Lemarble was sworn in to the position of Sergeant in the Randolph Police Department.

Mayor Algeier congratulated the new officers on behalf of the Council and congratulated the entire police force for the work they do for the community.

COUNCIL AND MANAGER REPORTS

Councilman Huston asked the representatives to the Planning Board to make sure deficiencies noted in our planning consultant’s memorandum concerning the Nitti subdivision be brought to the attention of the applicant and also that Randolph receive a substantive environmental report from them.

Councilwoman Price stated that the Superintendent of Schools and the President of the School Board attended a Board of Health meeting where they were asked to use the Morris County Sexual Abuse Center as a resource within the school district and received a contract for review. The Superintendent will refer this to the Assistant Superintendent, who is in charge of curriculum, and will follow-up in six months to see what has taken place.

Councilman Napoliello stated that a Recreation Committee sub-committee for baseball is looking at the issue of punishment for coaches displaying inappropriate behavior at All-Star games. A resolution has been passed that categorizes the types of offenses and sets specific penalties. The Open Space Committee would like to present a report to the Council on what they accomplished last year and what they plan to do this year. Open Space passed a resolution regarding the Nitti property. They would like the town to purchase two additional lots on this property.

Deputy Mayor Obremski attended a Parks Committee Reorganization Meeting. He nominated Jen Huston as a student member for the Parks Committee.

Mayor Algeier called for any other nominations. Hearing none, a voice vote was taken and Jen Huston was unanimously appointed to the Parks Committee as a student member.

Deputy Mayor Obremski noted that the Traffic Advisory Committee held their first meeting of the year and it was relatively well attended by the members. Also in attendance were residents of Mt. Freedom Avenue who expressed traffic concerns in regard to the Chabad House. Due to limited enforcement resources, he suggested the possible use of the Randolph Quarterly and assistance from grants to enhance awareness for public and traffic safety on local streets in Randolph. Deputy Mayor Obremski will also contact the driver’s education program at the Community School to try to reach Randolph’s young drivers about the concerns of speeding and how seriously it is regarded.

Manager Lovell noted that he attended a Morris County Parks Commission Green Table quarterly meeting chaired by Barbara David. Freeholder Murphy gave a presentation regarding future plans for the Greystone property in Parsippany, and Randolph’s trail system was featured prominently in the presentation. The Craigmere property in Rockaway Township was also discussed. There will likely be a drive to promote public use of these facilities in the next several years.

OPEN TO PUBLIC

Tom Cassidy, 43 Harvey Road, thanked the Manager for responding to his letter regarding a neighbor’s use of an invisible fence. They would like to see an ordinance drafted that would protect non-pet owners from neighbors who use invisible fences.

Manager Lovell stated that Mr. Cassidy’s point was well taken and he has asked the staff to research this issue and weigh in with actions of surrounding towns or other towns in the state. He has gotten no response as yet. He summarized Mr. Cassidy’s concerns that an invisible fence is not the same as a physical fence, a dog can easily cross over the fence, and a barking or vicious dog impacts his enjoyment of his own property. Mr. Cassidy also brought to his attention the fact that invisible fences can impact other radio communications devices in nearby homes. Manager Lovell stated that the interference problem would need to be handled at a higher level of government. In regard to the problem of a potentially vicious dog in an invisible fence, townships can take no action until a dog demonstrates a vicious action.

Manager Algeier suggested posting something on the League of Municipalities website regarding this problem and requesting any other towns that have dealt with this issue to contact us.

DISCUSSION

a) Shongum Lake Property Owners’ Association (SLPOA) Agreement

Manager Lovell stated that progress has been made on an agreement with the Shongum Lake Property Owners’ Association. Council is not in a position this evening to vote. He would like to allow the attorney for the SLPOA time to comment on this new draft. Once a final agreement is drafted he will share that with the Council. Next week this agreement and the signing of the loan agreement will be placed on the agenda.

Richard Marcickiewicz, the attorney representing the SLPOA, agreed that progress has been made but that a number of issues still need to be resolved. He stressed that time was running out with regard to the DEP allowing them until the end of the month for the execution of the loan agreement and he appreciates the Council’s consideration of this.

Councilman Huston asked if the agreement will deal with the possible financial impact of property owners currently listed for the special assessment who may be on the list erroneously.

Township Attorney Buzak described the way in which the Board of Assessors will determine the proper assessments for each property owner and the procedures the property owners will take should they choose to challenge their assessment.

Councilman Huston commented that the Board of Assessors should be very careful in the wording of their letters to the property owners regarding the assessments until a final total is determined.

Attorney Tiena Cofoni asked if one portion of the agreement could be discussed by Council in Executive Session.

Lee Whilden, 82 Radtke Road, stated that the SLPOA has had several meetings about the assessment, however not everyone attends so there are different levels of comprehension among the property owners. She also stated that the SLPOA will probably never get another low interest loan like this, so it’s important to take advantage of it now. She stressed that the Township receives a lot of money in taxes from the SLPOA, and hopes the Council considers that when they deliberate.

Mayor Algeier stated that a discussion will be added to the Executive Session.

b. Master Plan Update

Manager Lovell reported that the Planning Board accepted the Master Plan and the next step in the process is to present the Master Plan to the Council. It will be scheduled for March 2, 2006. A zoning map with amendments will also be presented that evening and Council can consider putting that map into motion by introducing an ordinance to amend zoning in the Township. He expects the process to be complete in late May or early June.

c. Request to Discuss Zoning - the Route 10 Sporn Tract/Baker Residential

Manager Lovell reported that Baker Residential has filed an application and paid a fee for a review of their proposal to develop age-restricted housing on Route 10 and that they are looking for a zone modification. In the past, a sub-committee consisting of several Council members has met with applicants asking for zone modifications.

Councilman Huston asked if Baker Residential was currently suing Randolph Township as a part of Randolph Mountain.

Township Attorney Buzak noted that Baker is being dismissed from that litigation, however the order has not been issued yet.

Councilman Huston suggested that, as a policy, Council not meet with an organization who is suing Randolph until the dispute is settled.

Mayor Algeier asked if anyone would be interested in forming a sub-committee to meet with Baker Residential.

Councilwoman Mitsch expressed the opinion that the entire Council should meet with an applicant for a zone change issue, not just a sub-committee.

Councilwoman Price asked if age-restricted housing was tied into the Master Plan.

Mayor Algeier responded that age-restricted housing is a part of the Master Plan but is not mentioned on that particular site.

Councilman Napoliello stated that he would like to wait until Council is ready to meet with Baker Residential.

Manager Lovell stated that Council has given him the following direction regarding Baker Residential’s request to meet with the Council: litigation must be resolved, and they should provide to the Council a new set of book outlining their proposal. The Manager will let Baker Residential know that Council thought the density noted in their last proposal was too high and there were other problems as well.

d) Request to Discuss Zoning - The Route 10 Grecco Tract/Jim Grecco

Manager Lovell reported that Mr. Grecco is seeking a variance to gain access to Quaker Church Road from the site of his proposed strip mall, which is not permitted at this time. They are hoping to see a zone change that would allow them to apply to the Planning Board.

Members of the Council expressed concern that if Mr. Grecco is allowed access to Quaker Church Road, the other businesses along that road will also request access.

Manager Lovell stated that they need to have a traffic study done before coming before the Council, which is in the process of being done now.

Mayor Algeier commented that he would prefer to see a precise history dealing with access to Quaker Church Road so that Council has a complete and accurate accounting of rulings made by the Board of Adjustment.

e) 2006 Budget Meeting Schedule

The meeting dates for the 2006 budget discussions have been set as February 14, 21 and 28 beginning at 7:30 p.m.

COMBINED ACTION RESOLUTIONS

Manager Lovell explained Item A, a Professional Services Agreement for improvements to the Brundage Park Playhouse. The playhouse has been gathering money in a trust fund, which they would like to use to expand the theater, include bathrooms, and other minor improvements. This resolution provides for an architectural firm to begin the process.

Councilman Huston requested Item B be pulled for discussion.

Councilman Manning moved the Combined Action Items with the exception of Item B. Councilman Napoliello 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. Awarding Professional Services Agreement to Fox Architectural Design PC for Architectural Services for the Brundage Park Playhouse Expansion - Not to Exceed $14,500.00

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WHEREAS, there exists a need to enter into a Professional Services Agreement with Fox Architectural Design, Inc., for the purposes of providing architectural services necessary for an expansion of the Brundage Park Playhouse; and

WHEREAS, the cost for such professional services will not exceed fourteen thousand and five hundred dollars ($14,500.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Fox Architectural Design PC, Inc.

2. A notice of this Resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 19, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in Ordinance #30-05, Improvements to Brundage Theater, to award a contract to Fox Architectural Design, PC, for the purpose of providing architectural services necessary for an expansion of the Brundage Park Playhouse in the amount not to exceed $14,500.00

______________________________
Michael J. Soccio
Chief Financial Officer

B. Consenting to the Proposed Water Quality Management Plan Amendment - Morris Township Butterworth Treatment Area

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Acted on separately.

C. Authorizing Township to Join MC Adaptive Recreational Program (MCARP) and Contribute Randolph’s Portion of the Fair Share Ratio Schedule - $3,072.00

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WHEREAS, there has been created a Morris County Adaptive Recreational Program (McARP); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost exceeds $300,000.00; and

WHEREAS, the Township of Randolph’s cost with respect thereto will be approximately $3,072.00 according to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph as follows:

That the Township of Randolph hereby intends to join the Morris County Adaptive Recreational Program (McARP) as described above and contribute thereto in the amount not in excess of Fair Share Assessment for one year.

D. Authorizing an Award of Contracts for Printing Services

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WHEREAS, the Township of Randolph wishes to award a contract for printing services for a contract period of one (1) year (February 1, 2006 - January 31, 2007); and

WHEREAS, bids have been advertised and received on January 10, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Sir Speedy, Randolph, New Jersey, was low bidder for items 1, 3, 4, 5, 7, 9, 10 and 11; Hawk Graphics, Randolph, New Jersey, was low bidder for items 2, 6, 8, 12 and 15; and BP Services, Elmwood Park, New Jersey, was low bidder for items 13 and 14.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for printing services for the Township of Randolph for the contract term February 1, 2006 to January 31, 2007.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 19, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2006 budget to award a contract to Sir Speedy for Items 1, 2, 4, 5, 7, 9, 10 and 11; Hawk Graphics for Items 2, 6, 8 12 and 15; BP Services for Items 13 and 14.

______________________________
Michael J. Soccio
Chief Financial Officer

E. Award Contracts Based on Results of Coin-Toss on Behalf of MCCPC for Portions of Contract #20A (Sporting Goods)

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WHEREAS, on January 9, 2006, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, conducted a coin-toss lottery as a result of a tie bid received on October 24, 2005, for portions of Contract #20-B (Sporting Goods); and

WHEREAS, the winners of said coin-toss lottery appear in the summary below:

CONTRACT #20-B (SPORTING GOODS):

Category A: Baseball Equipment
Item #9: Baseballs, Rawlings BRO or equivalent. Coin-toss between ARC Sports and Anaconda Sports at $26.90/dozen. Anaconda Sports won the award.

Item #37: Discount. Coin-toss between Metuchen Center and R&R Trophy at 45% discount. R&R Trophy won the award.

Category D: Miscellaneous Items
Item #4: Tennis balls, 3/ball/can, Penn X-76H2 or equivalent. Coin-toss between ARC Sports and R&R Trophy at $2.38/can. R&R Trophy won the award.

Category F: Girls Softball Equipment
Item #16: Discount. Coin-toss between R&R Trophy and Metuchen Center at 45% discount. Metuchen Center won the award.

Category G: Various Sports Clothing
Item #7: Baseball Set (hat, pants, t-shirt, socks). Coin-toss between Metuchen Center and Triple Crown Sports at $12.00/set. Metuchen Center won the award.

Items #13a and #13b: T-shirts youth and adult sizes. Coin-toss between Metuchen Center and R&R Trophy at $3.14/each. R&R Trophy won the award.

Item #58: Discount. Coin-toss between R&R Trophy and Metuchen Center at 45% discount. R&R Trophy won the award.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the above-mentioned items in Contract #20-A (Sporting Goods) be awarded to the vendors noted herein for the contract period January 1, 2006 - December 31, 2006.

F. Raffles

(1) Application for a Raffle License, Randolph Rotary Club, Armchair Races and Casino Night, March 11, 2006, Skylands at Randolph, Route 10, Randolph

(2) Application for a Raffle License, Mental Health Association of Morris County, Off-Premise 50/50, May 15, 2006, Meadow Wood Manor, Route 10, Randolph

(3) Application for a Raffle License, Randolph High School Band Parents Association, Off-Premise 50/50, March 2, 2006, Randolph High School, Millbrook Avenue, Randolph

(4) Authorize Special Permit for Social Affair - St. Matthew’s Church, March 17, 2006

Councilman Huston asked if the resolution for Item B pertained to just the Butterworth Interceptor or does it include everything else going on in Morris Township.

Manager Lovell responded that consent is contingent on the incorporation of comments from Andrew Holt and as it pertains to Randolph Township.

Township Attorney Buzak commented that Randolph has a time period with which to adopt the resolution, either consenting, not consenting, or doing nothing. The DEP is required to take into account comments we have and the position we take, however they are not required to incorporate those into the plan. Ultimately the DEP will approve or not approve the amendment to the wastewater management plan and water quality management plan.

Councilman Huston expressed the opinion that he would like the resolution worded in such a way as to be very clear in conveying that Randolph consents to the WQM plan once the plan is amended in line with comments the Manager attached.

Township Attorney Buzak suggested using the phrase “conditionally consenting” in the resolution. Councilman Huston suggested “consenting with conditions”.

Councilman Huston moved the resolution. 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

B. Consenting to the Proposed Water Quality Management Plan Amendment - Morris Township Butterworth Treatment Area

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WHEREAS, the Township of Randolph desires to provide for the orderly development of wastewater facilities within the Township of Randolph; and

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment service areas, as well as related subjects, be in conformance with an approved WQM plan; and

WHEREAS, the NJDEP has established the WQM plan amendment procedure as the method of incorporating unplanned facilities into a WQM plan; and

WHEREAS, a proposed WQM plan amendment noticed in the New Jersey Register on November 21, 2005, for Proposed Amendment of the Northeast Water Quality Management Plan has been prepared by the Township of Morris.

NOW, THEREFORE, BE IT RESOLVED on this 5th day of January, 2006, by the Governing Body of the Township of Randolph that:

1. The Township of Randolph hereby consents to the amendment entitled Township of Morris Wastewater Management Plan, November 2005, and publicly noticed on November 21, 2005, in the New Jersey Register, prepared by the Township of Morris, for the purpose of its incorporation into the applicable WQM plan(s).

2. This consent shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.4.

COUNCIL COMMENTS

Councilman Napoliello congratulated three police officers for their quick action in saving a man’s life in recent days: John Naslonski, Ed Shivas, and Craig Wolfson. He also nominated John Scorsone and Wendy Whiting to serve as Alternate 1 and Alternate 2 on the Open Space Committee.

Mayor Algeier called for further nominations. Hearing none, 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

Councilman Napoliello asked about Council representation on the Rockaway River Watershed Cabinet.

Manager Lovell responded that several people from the Environmental Commission are active on that cabinet and they keep the Council informed of any activity taking place.

Councilwoman Mitsch nominated Christine Gallea to the Community Services Committee.

Mayor Algeier called for further nominations. Hearing none, 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

Deputy Mayor Obremski thanked the Rescue Squad for a wonderful evening while attending their installation dinner.

Manager Lovell reported that Pat Lobur, the Court Administrator in Randolph, is retiring in early spring. A recruitment process is being undertaken at this time.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, wished the Council and Manager a Happy New Year and thanked the Council for her re-appointment to the Community Services Committee. Regarding businesses along Route 10 parallel to Quaker Church Road, she doesn’t believe that a lack of access to Quaker Church Road necessarily inhibits business. Viable businesses will do well despite not having access to Quaker Church Road. Her concern is for the neighbors along Quaker Church Road who would have to deal with increased night traffic and headlights from those vehicles while patronizing those businesses.

EXECUTIVE

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. Randolph Mountain
b. Randolph v. Chabad House
c. Mishkin Acquisition
d. Proposed Shongum Lake Dam Agreement

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.

Councilwoman Price moved to go into Executive Session. Councilman Napoliello 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 11:20 p.m.

Donna Marie Luciani
Acting Township Clerk