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: July 6, 2006

A regular meeting of the Randolph Township Council was called to order at 8:05 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 Manning (arrived 8:35 p.m.)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

ABSENT:
Councilman Huston
Councilwoman Mitsch

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

Mayor Algeier noted for the record that Councilman Huston and Councilwoman Price were away on vacation.

Mayor Algeier led the Pledge of Allegiance.

SWEARING IN OF PATROL OFFICER MATTHEW RISPOLI

The Township Clerk administered the Oath of Office to Patrol Officer Matthew Rispoli.

2006 CERT GRADUATION AND RECEPTION

Lt. Pisano summarized the purpose of CERT in the community and introduced the graduates of the CERT Training Class.

A brief reception followed.

COUNCIL AND MANAGER REPORTS

Manager Lovell and Councilman Napoliello commented that they enjoyed the fireworks at the Freedom Festival.

Councilman Huston suggested that perhaps the games at the Freedom Festival would do better if they were combined with the rides. He commented that the mix of bands worked well.

Councilwoman Price noted that the Parade Committee is already reviewing the videotape of the parade, booking bands for next year, and looking for new bands. Councilwoman Price nominated Nicole Betts to serve as a student member on the Board of Health.

A voice vote was unanimous in favor of Nicole Betts serving as a student member on the Board of Health.

Deputy Mayor Obremski made a motion to appoint Harry Gerkin to fill an unexpired term on the Planning Board. Councilman Napoliello seconded the motion. Hearing no further nominations, the following roll call vote was taken:

AYES:
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Mitsch

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked what was being amended in the new animal ordinance.

Manager Lovell responded that the ordinance was being changed as it relates to the appeals process when a license is pulled for a kennel or pet store.

A resident asked about grant money received for open space and how that money is used.

Manager Lovell provided statistics on the open space program and how grant money is used to pay down debt.

Lee Whilden, 82 Radtke Road, asked about Randolph’s current bond rating.

Manager Lovell stated that Randolph has a double A rating through Moody’s and Standard and Poor’s. The Manager stated for the record that Randolph’s rating has increased over the years and never gone down.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #15-06—Authorize Acquisition of Drainage Easement—Old Brookside Road

BE IT RESOLVED that an Ordinance entitled “ORDINANCE ACCEPTING FROM DAVID H. PARKS AND LAURIE ANN PARKS A CERTAIN GRANT OF DRAINAGE EASEMENT OVER A PORTION OF BLOCK 103, LOT 69, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, FOR THE PURPOSES AS SET FORTH THEREIN” be read by title on second reading and a hearing held thereon.

Councilman Manning made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion.

The meeting was opened to the public for comment. Hearing no comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE ACCEPTING FROM DAVID H. PARKS AND LAURIE ANN PARKS A CERTAIN GRANT OF DRAINAGE EASEMENT OVER A PORTION OF BLOCK 103, LOT 69, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, FOR THE PURPOSES AS SET FORTH THEREIN” 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.

The following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

(2) Ordinance #16-06—Amend Chapter 8 Animals

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 8, ANIMALS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

The meeting was opened to the public for comment. Hearing no comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 8, ANIMALS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 Manning made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

B. Introduction

(1) Amend Land Development Ordinance and Zoning Map

Manager Lovell summarized the changes taking place.

Discussion followed touching on topics such as offering incentives, building size, distances between abutting residential properties, non-residential access to Route 10, interconnectivity, and ten-acre minimum lot sizes.

Mayor Algeier asked Township Attorney Buzak to make the following changes:

  • Draft language into the ordinance imposing a standard if the abutment for a residential zone is on a side or rear yard
  • Eliminate the second sentence in Section G dealing with non-residential access to Route 10
  • Change the wording on Page 7, Paragraph A, to eliminate the word “existing”
  • On Page 8, Paragraph G, change the first sentence to put an “s” at the end of “roadway,” add a semi-colon, add the word “however” followed by a comma
  • Adding language that would require applicants to demonstrate the use of non-arterial roads would improve overall safety to ingress and egress a shopping center
  • Add language addressing site interconnectivity to minimize cut-through traffic

Deputy Mayor Obremski made a motion to introduce the ordinance as revised. Councilman Napoliello seconded the motion.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE CERTAIN PROPERTIES IN THE TOWNSHIP OF RANDOLPH, CREATE A NEW REGIONAL BUSINESS DISTRICT, CREATE A NEW ROUTE 10 COMMERCIAL CORE OVERLAY ZONE, AND MAKE CERTAIN OTHER AMENDMENTS IN THE LAND DEVELOPMENT ORDINANCE” 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 August 3, 2006 at 8:00 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.

Councilman Manning noted that he is not in favor of favoritism toward one parcel because of size. He is fine with the introduction of the ordinance, but he is not sure he will vote for the adoption of it.

The following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

(2) Amend LOSAP (for Volunteer Fire and Rescue Members) to Automatically Adjust for Cost of Living

Manager Lovell reported that this ordinance would allow the annual award for rescue and fire volunteers to increase by the CEI. He believes this money is meaningful to the volunteers, and points out that the amount of money is always below the budget numbers.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 50-00 ENTITLED ‘AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ENTITLED LOSAP REFERENDUM QUESTION TO PROVIDE FOR THE PLACEMENT OF A PUBLIC QUESTION AT THE NEXT GENERAL ELECTION ON NOVEMBER 7, 2000’ TO INCLUDE AN AUTOMATIC ANNUAL COST OF LIVING ADJUSTMENT” 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 August 3, 2006, at 8:00 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.

Councilman Manning made a motion to introduce the ordinance. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

(3) Creating a New Section—Section 20-2, “Inspection for Carbon Monoxide Sensor Devices, Smoke-Sensitive Alarm Devices, Portable Fire Extinguishers, and Illegal Occupancy” in Chapter 20 Amending Chapter 26, Housing

Manager Lovell stated that this ordinance could provide the town with additional rules to take actions that would end stacking.

Township Attorney Buzak detailed the changes to the ordinance.

Mayor Algeier suggested a change on Page 5, where they refer to second inspections, to use the word “conduct” instead of “require.”

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CREATING A NEW SECTION, SECTION 20-2, ‘INSPECTION FOR CARBON MONOXIDE SENSOR DEVICES, SMOKE-SENSITIVE ALARM DEVICES, PORTABLE FIRE EXTINGUISHERS, AND ILLEGAL OCCUPANCY’ IN CHAPTER 20 AND AMENDING CHAPTER 26, HOUSING, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 August 3, 2006, at 8:00 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.

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

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

Mayor Algeier stated that this ordinance is an excellent additional step to combat stacking issues.

COMBINED ACTION RESOLUTIONS

A. Refunds/Adjustments Resolutions

(1) Refund Randolph Park Beach Membership Fee Which Was Paid in Error, Rather Than a Tennis Membership to Ingrid Barclay—$110.00

R _____

WHEREAS, Ingrid Barclay registered for Randolph Park Beach Membership and paid the fee of $110.00; and

WHEREAS, Ms. Barclay intended to sign up for the Tennis Membership and in error signed up for the Beach Membership and she is requesting a refund.

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 John Van Brunt, Director of Parks, Recreation and Community Services, that $110.00 be refunded to Ingrid Barclay, 79 Meadowbrook Road, Randolph, NJ 07869.

(2) Refund Outside Tax Sale Certificate #1804 for Block 224, Lot 86, to Lien Times—$24,028.43

R _____

WHEREAS, Outside Tax Sale Certificate #1804 held by Lien Times, assessed to Randolph Town Center, Block 224, Lot 86, 1164A Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $23,028.43, and premium in the amount of $1,000.00.

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 $24,028.43 to Lien Times, holder of Tax Sale Certificate #1804.

(3) Refund Outside Tax Sale Certificate #1846 for Block 97, Lot 31, to RKA Dvp.—$15,940.83

R _____

WHEREAS, Outside Tax Sale Certificate #1846 held by R. Rothman, assessed to RKA Dvp., Block 97, Lot 31, 1243 Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $15,940.83.

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 $15,940.83 to RKA Dvp., holder of Tax Sale Certificate #1846.

(4) Refund Outside Tax Sale Certificate #1840 for Block 21.04, Lot 19, to ATF, LLC Harris Nesbit Corp—$26,886.72

R _____

WHEREAS, Outside Tax Sale Certificate #1840 held by ATF, LLC Harris Nesbit Corp., assessed to Patricia Ramos, Block 21.04, Lot 19, 6 Orchard Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $26,886.72.

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 $26,886.72 to ATF, LLC Harris Nesbit Corp., holder of Tax Sale Certificate #1840.

(5) Refund Escrow Fees for Block 119, Lot 114.03, to the Congregational Church of Randolph—$1,000.00

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from the Congregational Church for Block 119, Lot 114.03; and

WHEREAS, the project has been completed.

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 $1,000.00 be refunded to Congregational Church of Randolph, PO Box 550, Ironia, NJ 07845.

(6) Refund Full Amount of Teen Camp Fee, Due to Medical Reasons, to Amy Schulkin—$845.00

R _____

WHEREAS, Amy Schulkin registered her son for Teen Camp and paid the fee in the amount of $845.00; and

WHEREAS, her son will not be attending the Teen Camp due to medical reasons and is requesting a refund.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Township of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $845.00 be refunded to Mrs. Schulkin, 12 Brookside Road, Randolph, NJ 07869.

(7) Refund Tree Replacement Bond for Block 199.01, Lot 34.09, to Colin Abbott—$1,400.00

R _____

WHEREAS, on February 9, 2006, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,400.00 covering a Tree Replacement Bond for Block 199.01, Lot 34.09; and

WHEREAS, the property has been inspected and all the requirements have been met.

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 $1,400.00 be refunded to Colin Abbott, 3 Old Wood Lane North, Randolph, NJ 07869.

B. Authorizing Memorandum of Understanding with Morris County For Integrated Justice Information System

R _____

WHEREAS, the Township of Randolph wishes to enter into an agreement with the County of Morris via a Memorandum of Understanding regarding the use of the Morris County Integrated Justice Information System (“MCIJS”); and

WHEREAS, the purpose of the document is to create a criminal justice information system that may be called upon by various participating county and municipal law enforcement agencies to enhance the delivery of law enforcement services to the residents of Morris County and to the participating municipalities located therein.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor be authorized to sign the Memorandum of Understanding.

C. Authorizing an Award of Contracts Based on the Results of a Coin-Toss on Behalf of MCCPC for Sporting Goods to Anaconda Sports for Football Equipment and to Triple Crown Sports for Lacrosse Equipment

R _____

WHEREAS, on June 28, 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 April 25, 2006, 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: Football Equipment
Item #17c: Chin Straps, Pro #25, low hook-up or equiv. Coin-toss between Riddell/All American and Anaconda Sports at $4.70/each. Anaconda Sports won the award.

Category D: Lacrosse Equipment
Item #13: Percentage Discount from List Price for all Lacrosse Equipment not specified in Category D. Coin-toss between Triple Crown Sports and R&R Trophy & Sporting Goods at 42% discount. Triple Crown Sports won the 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 above-mentioned items in Contract #20-B (Sporting Goods) be awarded to the vendors noted herein for the contract period July 1, 2006, to June 30, 2007.

D. Authorizing an Award of MCCPC for Bulk Rock Salt—Delivered and Picked Up—to Atlantic Salt, Inc.

R _____

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council (MCCPC) wishes to award Contract #3 (Bulk Rock Salt), Category I (Delivered) and Category IV (Picked-Up) on an “as-needed” basis during the one year contract period (July 1, 2006 - June 30, 2007); and

WHEREAS, bids have been advertised and received on April 25, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph, on behalf of the MCCPC has determined that Atlantic Salt of Lowell, Massachusetts is the low responsible bidder in compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the MCCPC to Atlantic Salt, Incorporated of Lowell, Massachusetts for Categories I (Delivered) and IV (Picked Up) of Contract #3 (Bulk Rock Salt) for contract period (July 1, 2006 - June 30, 2007).

E. Authorization to Purchase One Police Vehicle to Replace Vehicle Totaled in an Accident (West Chester County, New York Contract)

R _____

WHEREAS, the Township wishes to replace a police vehicle which was determined to be totaled in a motor vehicle accident; and

WHEREAS, all dealers on both State Contract and Morris County Cooperative Pricing Council contracts, as well as al other Ford dealers along the east coast, are unable to obtain any new vehicles until 2007 models are released; and

WHEREAS, new police vehicles ordered by the Township for this year will be unavailable for delivery until October 2006; and

WHEREAS, Joe Cooper Ford, Oklahoma City, Oklahoma, has a vehicle available under West Chester County, New York Contract pricing through Copcars.net in Mamaroneck, New York.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Joe Cooper Ford, Oklahoma City, Oklahoma, at a total contract price of $22,635.00.

Councilman Manning made a motion to approve the Combined Action items. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello reminded the Council of a resolution passed during budget discussions regarding finding efficiencies within the organization and identifying potential consolidation and shared services. He suggested a sub-committee be formed to see that this work is being undertaken.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, commented on interconnection between developments and a traffic circulation committee she participated in during a review of the Master Plan. She suggested the Council seek recommendations from the Environmental Committee regarding the new Master Plan and zoning changes, especially as it deals with grass versus low growing shrubs at commercial sites. Mrs. Stewart informed the Council that the handicapped access at Forte Restaurant is not satisfactory. She also recounted for the Council her trip to New Zealand and the way their government operates.

EXECUTIVE SESSION

Deputy Mayor Obremski made a motion to move into Executive Session. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Manning

ABSENT:
Councilman Huston
Councilwoman Mitsch

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

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.

Deputy Mayor Obremski made a motion to come out of Executive Session. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Manning

ABSENT:
Councilman Huston
Councilwoman Mitsch

RE-CONVENE

Councilman Napoliello made a motion authorizing the Township Attorney to file any appeal that he deems appropriate for Randolph Mountain in reference to the June 12, 2006 court order. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilwoman Mitsch

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:45 p.m.

Donna Marie Luciani
Township Clerk