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: March 27, 2008

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. 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 December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

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

ABSENT: Councilman Obremski

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

Mayor Napoliello led the Pledge of Allegiance.

OPEN TO PUBLIC

Julie Hooper, 71 Everdale Road, asked how many deer were killed during the hunt this past winter.

Manager Lovell responded that he has not received a report yet but will make it public when he does receive it.

Seeing no one further from the public, the public portion was closed.

COUNCIL AND MANAGER REPORTS

Deputy Mayor Metz reported that the MAC Committee is forming sub-committees to work on various projects.

Manager Lovell summarized some information from the Highlands presentation of March 25 pertaining to COAH, the DEP, and opting into the Highlands plan which he didn’t think was clearly stated during the presentation. The Manager reported that the Assistant Township Manager has completed negotiations on the Wright property, which will be added to the open space inventory. Manager Lovell stated that the Director of Public Works has been discussing shared services for equipment with Chester.

Councilman Alpert noted his offense that the state is requiring COAH compliance in order to work with the Highlands Council. It is his opinion that Trenton is balancing the state budget on the backs of the municipalities, the Highlands Council has $30 million in discretionary grants, and the Highlands Council is an agency that should not exist.

Manager Lovell reminded the Council that Township Attorney Buzak will be presenting an information session regarding COAH on April 17.

REVIEW AND SET PROPOSED AGENDA FOR APRIL 3, 2008 REGULAR MEETING

Manager Lovell presented a summary of the items listed on the proposed agenda.

Councilman Algeier noted that there has been debate at the Planning Board over the proposed parking ordinance. He asked the Manager for more background on this issue prior to the vote. Councilman Algeier asked what the proper procedure would be when voting on the ordinance if the issue was not unanimously approved by the Planning Board.

Township Attorney Buzak responded that a council member would indicate for the record during their vote the reason for not doing what the Planning Board recommends.

COMBINED ACTION RESOLUTIONS

Councilwoman Mitsch made a motion to approve the combined action items. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

A. Refunds/Adjustments Resolutions

(1) Refund Escrow Funds for Block 42, Lot 107, to AT&T Wireless, c/o Ms. Judith Babinski, Esq., Pitney Hardin—$6,186.25

R-113-08

WHEREAS, the Planning and Zoning Department received escrow funds from AT&T for Block 42, Lot 107, in the amount of $8,500.00; 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 $6,186.25 plus interest be refunded to AT&T Wireless, c/o Ms. Judith Babinski, Esq., Pitney Hardin, PO Box 1945, Morristown, NJ 07962.

(2) Release Escrow Funds for Block 21, Lot 24, to New Cingular Wireless, c/o Judith Babinski, Esq.—$1,999.25

R-114-08

WHEREAS, the Planning and Zoning Department received escrow funds from Cingular Wireless for Block 21, Lot 24, in the amount of $5,000.00; 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 $1,999.25 be refunded to New Cingular Wireless, c/o Ms. Judith Babinski, Esq., Pitney Hardin, PO Box 1945, Morristown, NJ 07962.

(3) Release Escrow Funds for Block 201, Lot 64, to New York SMSA Ltd, dba Verizon Wireless—$1,480.00

R-115-08

WHEREAS, the Planning and Zoning Department received escrow funds from NY SMSA Ltd. Partnership, d/b/a Verizon Wireless, for Block 201, Lot 64, in the amount of $5,000.00; 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 $1,480.00 be refunded to New York SMSA Limited Partnership, c/o Richard S. Stanzione, Esq., Hiering, Dupignac, Stanzione & Dunn, 64 Washington Street, CN 2015, Toms River, NJ 08754.

B. Authorizing Golden Masters and Silver Masters to Use Fields for Softball With Reduced Fees

R-116-08

WHEREAS, the North Jersey Senior Softball Association has two teams based in Randolph called the Golden Masters and the Silver Masters that have 50 percent of its members from Randolph over the age of 60; and

WHEREAS, the teams need a field to play their regular season games and they want to host a special fundraising tournament in memory of players who passed away and donate all raised proceeds to three designated charities.

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 the field permit fee in the amount of $45.00 per field slot be waived for the 2008 special tournament request and for both Randolph based teams playing in the North Jersey Senior Softball Association as long as they have at least six Randolph resident senior citizens (60 years or older) playing on the team.

C. Raffles

(1) Off-Premise Merchandise Raffle, Randolph High School Golf Booster Club, June 5, 2008, at Meadow Wood Manor, Route 10 East, Randolph, From 6:00 p.m. to 8:00 p.m.

DISCUSSION

(1) Draft—Amend Land Use Development Ordinance—Solid Waste and Recyclables

(2) Draft—Amend and Supplement Chapter 42, Solid Waste Management

Manager Lovell noted that the Council had looked at these two issues as ordinances for introduction, however they were pulled after the council had put forth a number of questions. The Planning and Zoning Administrator worked with the Township Attorney amending the land use development ordinance to bring it into compliance with the Morris County solid waste plan.

Mark Caputo, the Health Officer and Recycling Coordinator, summarized changes to the companion ordinance to bring it into compliance with the Morris County solid waste plan, highlighting the following points:

  • There is a clause in the state statute that obligates Randolph to make our ordinance consistent with the county solid waste plan
  • New language that sets forth a 50 percent recycling goal by 2015 and accepting the MUA and MCMUA’s state policy directive of achieving that goal
  • Amending definitions to be consistent with the solid waste plan
  • Attaching a table that specifically references the mandatory source separated and recyclable list
  • Deletion of old definitions no longer in use
  • Changes to the penalty provisions
  • Addition of a Recycling Enforcement Coordinator
  • Amendments to general duties of residents, businesses and other establishments, allowing exemptions for certain commercial or institutional generators
  • No longer requiring newspaper to be bundled
  • Declassification of asphalt shingles as a recyclable material

Manager Lovell suggested one modification to the first ordinance eliminating the need for a recycling area within subdivisions.

Judith Stewart, 114 Everdale Road, asked if there is a difference in reimbursement for separated materials.

Manager Lovell responded that the township receives a higher value for newsprint only as opposed to mixed paper.

The Manager noted that the two ordinances will be ready for introduction at the next meeting.

(3) Open Space Trust Fund

Manager Lovell summarized issues at a few of the open space properties that are going to require remediation. There are costs associated with these projects and the Manager would have liked to have used money from the Open Space Trust Fund to pay for these projects. However, the Township Attorney offered an opinion that indicated permission creating flexibility in the trust fund would have to be approved by the voters in a referendum. The Manager asked the council to consider whether they would approve posing this question on a ballot in the fall.

Councilman Algeier stated that he believes protection of open space is a legitimate use of open space funds, however before he approves of a referendum question, he would like to make sure the language is thorough enough to cover these purposes but not so broad as to be abused in the future. He would also encourage the upkeep of the trail system be included in this proposal. The Councilman suggested bringing this issue to the Open Space Committee and the Morris Land Conservancy for their opinion and support should it become a public question.

Manager Lovell responded that he will begin the process. He will have the Township Attorney’s office begin working on the language. He will also visit with the Environmental Commission, the Open Space Committee, and anybody else he feels is appropriate for input.

(4) Appeal of Planning and Zoning Escrow Charges—Phil Rich

Manager Lovell stated that there is a Notice of Appeal from Mr. Rich and that documents pertaining to this issue were distributed to the council. The fees are associated with reviews undertaken by professionals for an application before the Board of Adjustment, as well as administration fees from the Planning and Zoning Department and the Finance Department. The Manager outlined options available to the council, including:

  • Invite Mr. Rich in for a full hearing on the issue
  • Deny the application, whereby Mr. Rich has the right to appeal to the Construction Board of Appeals
  • Approve the application, whereby the fees will be paid from the township budget

Manager Lovell expressed his opinion that the fees should not be waived.

Township Attorney Buzak offered another alternative for the council to consider. The council can delegate the ability to mediate the issue, either through a planning board committee or a council committee. Mr. Buzak suggested putting this item on the next agenda to give him time to get more information about this matter.

OPEN TO PUBLIC

The Manager of the Randolph Masters Golden Softball Game thanked the Council for approving the resolution authorizing their use of town fields.

Gene Stracco, the League Commissioner, echoed his appreciation for the help they received in obtaining the fields for the season. He noted that on April 15 they will be holding a tournament in honor of colleagues who have passed away during the year and donating the proceeds to various charities.

Tim Freeman, 10 Lookout Road, commented on the issue of using Open Space Trust Fund money to repair and remediate open space purchases. He suggested the council be prepared to answer questions as to why money was not appropriated at the time of the purchase of the open space to remediate the property, and also if money is spent to improve an open space property, then equal benefit should be derived from that expenditure.

Manager Lovell responded that the VFW building was purchased for $1.00. At the time it was acquired, the township recognized that it was in poor condition but it was adjacent to other township lands and is something of a landmark in Randolph. When the Cohn Farm was purchased, Mr. Cohn was given life rights to the property. A value was placed on the clean up of the property and that amount was deducted from the purchase price. Regarding a cost benefit analysis as it pertains to marking municipal lands, it is vital that encroachment of those lands not be allowed to continue in order that taxpayers can enjoy the land purchased with their tax dollars.

Judith Stewart, 114 Everdale Road, asked if there were going to be further adjustments to the budget prior to introduction.

Manager Lovell responded that there would be no further adjustments prior to introduction.

Seeing no one further from the public, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Metz asked if information was available regarding the pension system and how that money has been invested by the state.

Manager Lovell responded that he will provide the source of that information.

Deputy Mayor Metz noted that he has raised questions about the budget that have yet to be addressed. He stated that he would support a 3 cent raise, however unless further information is provided concerning the .9 cents, he will vote no on the budget when it is introduced.

Manager Lovell responded that he will be providing a budget message that includes a breakdown of expenditures to assist him in understanding how the budget is put together.

Mayor Napoliello asked if the budget can be introduced at a later date.

Manager Lovell responded that it could be introduced later and there is no penalty to the township for missing the budget deadline. He asked that the council determine if they were going to delay introduction of the budget so that he can pull it from the agenda and reschedule introduction.

The Council indicated that they would like to see the breakdown before introducing the budget.

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 the meeting.

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

a. Police Ordinance

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 Mitsch made a motion to go into Executive Session. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

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

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Mayor Napoliello adjourned the meeting at 9:35 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Napoliello.

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

Absent for the executive session was: Councilman Obremski

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

Police Ordinance

The Councilmember’s discussed the final changes for the Police Ordinance.

Manager Lovell stated that it is ready for Introduction at the next meeting, April 3rd, 2008. A copy has been provided to the FOP.

After further discussion, it was agreed that the Police Ordinance is ready for Introduction on April 3, 2008 Council meeting.

A motion was made by Deputy Mayor Metz to go back into public session and was seconded by Councilwoman Price.

Adjournment

The Executive Session adjourned at 9:35 pm.

Donna M. Brady
Deputy Clerk