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 26, 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. 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
Councilman Mitsch
Councilman Napoliello
Councilwoman Price (arrived at 8:10 p.m.)
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance.

COUNCIL AND MANAGER REPORTS

Councilman Napoliello reported that he attended a Raritan Compact Meeting. Although there is a push to get all of the towns into the Highlands Preservation Area, he is not convinced that it would be beneficial for Randolph to do so at this time. He would like to take a wait and see approach.

Councilwoman Mitsch attended a Planning Board Meeting where there was an initial presentation for the Nitti property. Our consultant is reviewing all of the plans and highlighting some areas of concern, some of which were already addressed. There were a number of residents present as well expressing their concerns regarding this project.

Councilman Huston reported that he attended a Community Services Committee Meeting and was impressed to see that all members were in attendance. There was a question as to why the member terms are designated as they currently are, which is four one year terms and three three year terms. This is causing some confusion on the Committee.

Councilman Huston commented that there is concern that the seniors aren’t satisfied with some of the services and activities afforded to them. He suggested a survey be done to determine what the seniors would like to see done in town. He was told that a survey was done in recent years, however it was unprofessional and didn’t get the results it sought to get. The committee is thinking about using funds to hire a professional to develop a survey that would achieve the desired results.

Assistant Manager Russo commented that he forwarded a copy of a similar survey done by Parsippany to Barbara Lukavich.

Councilman Huston mentioned to the Community Services Committee that developers often approach the Council regarding age-restricted multi-family housing, however these would likely be market rate units, not necessarily affordable units. The Council is invited to a dedication ceremony for the new senior bus in February. The Helping Neighbors Program is running. The Councilman expressed concern about herbicides being used by the contractor clearing brush along the electric transmission lines in Randolph and would like the Manager or Health Officer to research this issue and get back to the Council.

Councilman Huston expressed concern that the recycling program is not as successful as it should be and the program is an expensive component of the budget.

Councilwoman Price commented that recycling was discussed at the Board of Health meeting. Educational information will be placed in the newsletter stressing the importance of recycling. The next step would be, when recyclables are found placed in regular garbage, to leave those items at the curb.

Manager Lovell reported that he received a copy of a letter from the DEP addressed to the Chabad House of Randolph indicating that there was a violation pertaining to parking of vehicles on the side yard. Any future violations will be reported to the State and further action will be taken.

Mayor Algeier commented that he was pleased to see Carl Bressan attending the Planning Board meeting and felt that he handled residents’ questions and concerns very well.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, thanked the Assistant Manager for a fine job producing the winter edition of the Randolph Quarterly.

DISCUSSION ITEMS

(a) Maintenance of Electric Transmission - Right of Ways

Deputy Mayor Obremski, who is employed by First Energy, the company who is responsible for the maintenance of the electric transmission lines, presented a report to the Council detailing the guidelines used by First Energy as well as the contractor hired to perform the brush removal, and the herbicides allowed under DEP regulations.

Councilman Huston stated that, since work is being done clearing brush from the lines in his back yard, he is aware that the herbicides and procedures outlined by the Deputy Mayor are not being followed. The Deputy Mayor responded that he will investigate the matter with the forrester.

B) 2006 Community Development Block Grant Applications

(1) Improvements/Repairs to Senior Community Center

(2) Quaker Church Road and Center Grove Road Sidewalk Rehabilitation

(3) Remove/Repair and Replace Driveway/Parking Area at 40 Schoolhouse Road - Development Resources Corporation

Assistant Manager Russo summarized the grant applications.

Councilwoman Mitsch asked why the sidewalk rehabilitation grant had been previously denied and where the grant money comes from.

Manager Lovell responded that Randolph competes with many other Morris Township communities and grant money is usually awarded to those towns with the greatest financial need. The grant dollars come from HUD. It is federal money which is then managed by the State, then managed by the County, and finally managed by the town.

C) Increasing Fines for Stacking

Manager Lovell suggested consulting with the Township Attorney and staff members who deal with the stacking issue to discuss language for tightening up and strengthening existing ordinances.

Township Attorney Buzak asked if the focus was to increase fines as they relate to the stacking aspect as opposed to the general one. He will check existing legislation and report back to the Council.

Huston - Some of the vagueness here, at least in my heart, comes off the subject of what do you mean, which particular ordinances are we talking about when you refer to stacking?

Councilman Huston asked which ordinances would be addressed relative to stacking. He believes enforcement may be problematic.

Mayor Algeier responded that Randolph was successful in prosecuting a stacking case. During that litigation Randolph became aware of some pitfalls in the ordinances, and so the aim is to make the ordinances stronger. The increase in fines is to encourage landlords not to allow stacking to occur in their rental properties.

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello nominated Eric Weiss to the Economic Development Committee.

Hearing no other nominations, 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

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked if the various trucks and cherry pickers that have been working along Randolph’s roads recently have to do with the electric transmission lines.

The Manager responded that those trucks belong to Verizon who is running fiber-optic cable throughout the community.

Mrs. Whilden asked if Verizon pays for the police coverage for traffic safety.

The Manager replied that Verizon does pay for the police coverage.

Hearing no other comments, the public portion was closed.

Richard Marcickiwicz, the attorney representing the Shongum Lake Property Owners’ Association, spoke regarding the agreement being drafted between the SLPOA and Randolph Township. He expects the DEP to grant an extension for the agreement. Although most of the remaining issues are easily addressed, the one issue that caused the most concern for the members of the SLPOA was the stipulation that they agree not to enter into litigation against Randolph Township in the future.

Councilman Huston asked if there is a copy of a settlement agreement reached between SLPOA and Randolph Township from the 1980s.

Manager Lovell responded that he will provide a copy to the Council.

Councilman Huston noted that the proposed agreement states there will be a fixed sum for administrative costs the Township will incur for managing the assessment and asked what the basis was for not allowing the town to recover costs should they go beyond the estimate and how that estimate was determined.

Manager Lovell responded that Township staff looked at the functions that will take place over the 20 year period, including the initial costs for set up and the cost of maintaining the system year after year. He added that collection actions will be borne by the Association.

COMBINED ACTION RESOLUTIONS

A) Authorizing Execution of an Agreement Between the Township of Randolph and the Shongum Lake Property Owners’ Association

R _____

Removed from agenda

B) Authorizing Execution of NJDEP Loan Agreement Between Shongum Lake Property Owners’ Association and Randolph

R _____

Removed from agenda

C) Raffle

(1) Authorize Special Permit for Social Affair - Mental Health Association of Morris County, Inc., May 15, 2006, at the Meadow Wood Manor

Councilman Manning moved Item 10-C only. Deputy Mayor Obremski 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

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. Shongum Lake Agreement Negotiations
b. Kingland Property Acquisition
c. Randolph Mountain v. Randolph

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.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:30 p.m.

Donna Marie Luciani
Acting Township Clerk