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 30, 2006

A work session 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
Councilwoman Mitsch (arrived 8:20)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance.

COUNCIL AND MANAGER REPORTS

Councilman Napoliello congratulated Assistant Manager Tom Russo for an article about Randolph that appeared in the Star Ledger.

Councilman Huston suggested recognizing the Randolph Hockey Team and Cheerleaders in some way for their respective championships this year. He also reported that the MAC Committee is running very well this year and the leadership having a handle of their mission. However, he questioned whether it was efficient to have several members of the staff attend those meetings. Councilman Huston stated that, although the trails seem to be in good shape, a couple of areas need maintenance, specifically the connection to Brandywine off the school campus and the bus area by the schools. He also reported that he spotted a resident cleaning up woods behind his house and carting the debris to the curb. He attempted to explain the costs involved in removing brush and debris, but senses that this resident’s mindset is rather prevalent in Randolph and something needs to be done to change this mindset.

Councilwoman Price informed the Council that the hockey team and cheerleaders have been invited to take part in the Freedom Parade and will be acknowledged at the reviewing stand. Entries for the parade have been arriving. The Landmarks Committee is going to enlist a tree service to prune and fertilize the Liberty Tree on the corner of Quaker Church and Center Grove Road. The Landmarks Committee is also still looking for a student member. An application for a student member to the Board of Health will be submitted next week.

Deputy Mayor Obremski noted that the Traffic Advisory Committee is invigorated this year. They will be implementing a program in the fall called Slow Down Randolph in order to create awareness of speeding problems in the town. He congratulated Ed Buzak and Fred Knapp, both of whom were named in New Jersey Monthly magazine under a section called Super Lawyers.

Mayor Algeier commented that the Senior Citizens’ Advisory Committee is busy developing a survey regarding services in town. They will coordinate with the Assistant Manager to make sure it is placed prominently in the Randolph Quarterly. He also commented that he is glad to see the MAC Committee revamped and working efficiently.

Councilman Napoliello stated that he agrees with Councilman Huston that the new leadership at MAC is doing a good job.

Manager Lovell noted that the membership of the MAC Committee is a function of the courts, the infrastructure is defined in its initial set-up, and there are no appointments made by the Council. He will look into the staff members attending the meetings and report back to the Council.

Councilman Manning would prefer to step down as liaison to the Economic Development Committee due to his heavy work schedule.

Mayor Algeier stated that he would ask for someone to step into that position at the next meeting.

Manager Lovell reported that the water department is installing a water line on Longview Avenue at this time, and will be putting in a water line on South Road this summer. The rest of the water lines scheduled for installation will be done by an outside firm. The water line on Everdale Road is on hold right now due to negotiations with Mr. Nitti. He also reported that soccer and baseball will be starting for the season in the parks on April 2. He has been in discussions with Steve Mountain from Mendham Township regarding a shared lease of a fire and rescue communication system. He has also asked Denville if they would have an interest in participating in a shared system. There is a question as to whether or not the potential exists for a cross-county system. The police department is going through a reorganization at this time and the Chief’s recommendations will be ready in May. The Council asked the Manager to determine retirement trends over the next five years throughout the organization. The Manager has compiled the information, which is being re-checked by a staff member, and will present it to the Council at the next meeting.

Mayor Algeier suggested that, in light of the discussion regarding shared communication systems, a shared phone system with other towns be investigated as well as a way to reduce costs, possibly through the Morris County Cooperative Program.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she believes shared services with other municipalities is a good way of merging government while still keeping government small and close to the citizen. She recommended Council ask the League of Municipalities to look at shared services and determine if savings could be achieved.

Phil Montesano, 59 Meadowbrook Road, asked the Council to look at the noise ordinance in Randolph to determine if it is consistent with other municipalities. He is concerned about the increase in landscaper and power equipment, the noise they emit, and the hours of operation allowed by the town in the current ordinance.

Mayor Algeier and Manager Lovell explained the current ordinance to Mr. Montesano and noted the reasons why homeowners can operate machinery on weekends and the hours of operation allowed. They also said that they will be happy to revisit the noise ordinance issues.

Stephanie Pangaro, 10 Sunset Drive, issued an invitation to the Council to attend the grand opening of the Heritage Community Bank on April 29 at 8:45 a.m.

DISCUSSION

A. Stonybrook Day Camp Lease

John Van Brunt spoke about the lease for Stonybrook Day Camp and the revenue generated from the camp. He gave a brief history of the property and stated the current operator was asking for an extension because the property needs some major improvements and the owner is looking for reassurance that, if he puts a lot of money into the camp this year, then he will still have the property for another five years. The Parks Committee is recommending that the lease be extended for five years, expiring in 2013.

Councilman Huston noted that the Parks maintenance crew is responsible for mowing the fields at the day camp. Since mowing grass throughout the township takes up so much of the crew’s time, perhaps something could be added to Mr. Black’s lease making him responsible for the maintenance of those fields, at least during his camp season.

Mr. Van Brunt responded that he will look into this, but noted that one of the reasons they maintain the field is because it is used extensively by recreation programs.

ORDINANCES

A. Introduction

(1) Storm Water Management

Manager Lovell stated that the document was put together by the Township Attorney in conjunction with the Engineering Department. It reflects the state guidelines for stormwater management.

BE IT RESOLVED that an ordinance entitled “AN ORDINANCE AMENDING SECTION 15-75, STORMWATER MANAGEMENT, OF ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS, OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, AND ADDING ARTICLE VIII, STORMWATER CONTROL, OF CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, 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 in the Township of Randolph on April 27, 2006 at 8:00 in the evening prevailing time in the Municipal Building in said Township, at which time and place all persons interested shall be given the 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 a Notice of Introduction thereof in the official designated newspaper, according to law.

Councilwoman Mitsch moved introduction of the ordinance. Councilwoman Price 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 ACTIONS/RESOLUTIONS

Councilman Huston made a motion to approve the Combined Action items. Councilman Manning seconded the motion.

Councilman Napoliello asked about the bond for the Green Acres program.

Manager Lovell responded that Green Acres operates a low interest loan program. Each year Randolph adopts this resolution to keep us in a position to access funds for the open space fund should the need arise.

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. Refund Maintenance Cash Bond for Water Line Installation to Hillcrest at Randolph, LLC—$6,292.00

R _____

WHEREAS, a Maintenance Cash Bond in the amount of $6,292.00 was posted by Hillcrest at Randolph to serve as the Maintenance Guarantee for the water line installation; and

WHEREAS, the water main has been inspected and no additional maintenance is required; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years following final topping of the roadways; and

WHEREAS, the roadways received their final topping in 2002 and it is recommended by the Township Engineer that the Maintenance Guarantee be refunded.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Maintenance Cash Bond of $6,292.00 plus accrued interest be released to Hillcrest at Randolph, LLC, 16 Microlab Road, Suite A, Livingston, NJ 07039.

B. Authorizing Green Acres Enabling Resolution

R _____

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”) provides loans and/or grants to municipal governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Randolph desires to further the public interest by obtaining a loan of $2,250,000.00 and a grant of $3,950,000.00 from the State to fund the Township’s Open Space Acquisition Program.

NOW, THEREFORE, the governing body resolves that John C. Lovell or the successor to the office of Township Manager is hereby authorized to:

(a) make application for such a loan and/or such a grant

(b) provide additional application information and furnish such documents as may be required

(b) act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph:

1. That the Township Manager of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known Township’s Open Space Acquisition Program; and

2. That the applicant has its matching share of the project, if a match is required, in the amount of $3,950,000.00.

3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project.

4. The applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project.

5. That this resolution shall take effect immediately.

C. Special Permit for Social Affair—Randolph Chemical Engine Company #2, May 6, 2006, 6:00 p.m. to 9:00 p.m., 340 Route 10, Randolph, Beef Steak Dinner Fundraiser

DISCUSSION

B. Leaf Collection—Proposed Ordinance

Manager Lovell reported that he has worked extensively with the Township Attorney’s office to create a very clear document that reflects the Council’s comments and also dealing with some of the shortcomings of the ordinance that was in place last year. He summarized the sections and changes dealing with grass clippings, branches and brush, and leaves. It also deals with the prohibition of off-loading vehicles on Randolph streets. This ordinance will also help us comply with stormwater regulations and hopefully reduce the amount of leaves collected at curbside. The Manager would like to invite Bill Kerwick in to speak about the leaf collection program. He asks that the Council take a look at the proposed ordinance and contact him with any comments or concerns they have.

Mayor Algeier suggested adding language in Item iii that includes presumptive/minimum costs built into the ordinance. He also suggested adding words such as piling and stacking in Item ii.

Councilman Huston expressed his belief that residents who employ landscapers need to be educated as well as the landscapers who work in town. He suggested the possibility of creating a reward system for reporting incidents of off-loading trucks on the streets in town. The Councilman noted that he doesn’t see the branch collection prohibitions enforced very often, and feels that it should be as a way of educating residents about the importance of following the rules. He stated that some areas of town are more developed than other, more rural areas of town and perhaps there should be different rules for these different areas.

Councilman Napoliello asked if a property owner could be penalized for leaves blowing from another property that brought leaves to the curb.

The Manager stated that discretion will be used in imposing penalties. This ordinance will aim at those landscapers or homeowners that put massive amounts of leaves in the street, enough to sometimes cause dangerous traffic situations, not the homeowner who has leaves blowing into his yard.

Mayor Algeier asked any Council member sending comments to the Manager to include the whole Council on the distribution list.

C. FAA Re-Routing Plane Routes

Manager Lovell received a call from Congressman Frelinghuysen’s office indicating they were looking for support from communities at an upcoming meeting regarding proposed revisions for flight patterns for jets by the FAA. Such a change would probably mean an increase in noise levels for Randolph. The Manager will attend the meeting bringing the perspective that people in the community want quiet and don’t want to bear the burden of more noise in the community.

D. May 18 and June 15 Combined Meetings of the Council

Manager Lovell stated that there is probably no need to have a meeting on May 18 or June 15 and he suggests canceling them.

Councilman Napoliello made a motion to cancel the May 18 and June 15 meetings. Councilwoman Price 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

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if the word agent in the proposed leaf ordinance refers to volunteers from the Community Services Committee who assist residents by raking their leaves and if they could be penalized.

Manager Lovell said they add language in the ordinance exempting programs sponsored by Community Services.

Mr. Montesano, 59 Meadowbrook Road, suggested charging residents using the town to haul their leaves a fee for that service.

REVIEW PROPOSED AGENDA FOR APRIL 6, 2006 MEETING

Township Attorney Buzak noted that the signed contracts were given to the Assistant Manager for the Nitti acquisition.

Mayor Algeier stated that the Nitti acquisition is a tremendous step forward for the town and would like to have a small ceremony for Mr. Nitti thanking him for his cooperation.

Councilwoman Price asked if the budget will be voted on during the April 6 meeting.

Manager Lovell responded that there will be a vote for the introduction of the budget, and then a public hearing will be scheduled.

COUNCIL COMMENTS

Councilman Huston noted that the Freeholders presented their County Government Overview, with an emphasis on trying to coordinate shared services between counties and municipalities. The success of Mine Hill and Wharton merging their police force was recognized, and they are close to announcing a merge of their court systems. Another area the Freeholders are pushing is financing arrangements through the County Improvement Authority.

Mayor Algeier asked if the School Board looked into financing through the County Improvement Board.

Manager Lovell responded that the School Board did look at the County Improvement Board, but decided to go independently.

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) Mishkin Acquisition

3. As nearly as can now 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. 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 10:13 p.m.

Donna Marie Luciani
Acting Township Clerk