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: May 31, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. 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 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. 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 in the Randolph Reporter on January 11, 2007.

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

ABSENT: Councilman Algeier

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

Mayor Obremski led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Metz reported that he is supposed to meet with the Board of Education on June 12.

Councilman Alpert reported that the Open Space Committee discussed possible acquisitions and particular properties already in inventory.

Councilman Napoliello reported that he attended a Raritan Highlands Compact Meeting along with the Township Manager. The new director for the Highlands stated that they will be undergoing a conformance process with both the county and the municipalities in order to get the mapping situation in order.

Deputy Mayor Mitsch stated that the Planning Board passed a resolution denying the application for The Learning Experience.

Councilwoman Price nominated Chelsea Wuesthoff as a student member on the Board of Health beginning July 1, 2007. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

Councilwoman Price reported that the Freedom Festival and parade will be held from June 28 through July 1 and distributed a copy of the advertisement that will be placed on a billboard along Route 10. She asked any Council member in need of transportation at the parade to let her know so that arrangements can be made. Councilwoman Price also asked for volunteers to serve as parade marshals to assist in the parade lineup.

Mayor Obremski announced that the second Stroll, Roll or Run event will be held on June 3, 2007, at 1:00 p.m. at Heistein’s Park. The Mayor will also be participating in the Mayor’s Healthy Cook-Off in Parsippany on Wednesday, June 6, 2007.

Manager Lovell reported that he had a conversation with the Highlands Council’s new Executive Director and believes, in light of her background, she will take a different attitude towards getting the Highlands back on track and working with municipalities. The Manager was contacted by the NJ DOT expressing interest in meeting on Sussex Turnpike. He also reported that there will be a meeting with the DEP on June 13, 2007, to discuss the water franchise agreement with the Morris County MUA and the impact of future water allocations. The Senior Picnic is scheduled for June 19, 2007, at Freedom Park, and all council members are invited to attend.

Mayor Obremski asked how the public will be notified of the water conservation efforts in Randolph.

The Manager responded that there was an article in the newspaper, an announcement has been placed on the web site, there will be an article in the upcoming newsletter, information will be distributed with the water reports, and all water customers will be receiving a post card in the mail within the next few days listing the rules.

Councilman Napoliello nominated Ed Kennedy as a member of the Traffic Advisory Committee. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

DISCUSSION

(A) Cancel June 21, 2007 Meeting

Manager Lovell suggested canceling the June 21, 2007, Council Meeting.

Councilman Alpert made a motion to cancel the June 21, 2007, Council Meeting. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(B) Proposed Planned Residential Development District Ordinance—Baker Residential

Manager Lovell reviewed the process that has been ongoing with regard to the proposed rezoning of property and possible development by Baker Residential. A draft ordinance was developed and shared with the council, who subsequently provided input that the Manager shared with Baker Residential. There are several issues that the Manager would like to discuss and address at this time, and Baker Residential has been invited to offer a presentation on their behalf. The issues in need of further consideration include:

  • COAH single family units—The Council had expressed a desire to have some single family homes designated as COAH units, however Baker has planned those units as duplexes. There is concern of how these duplexes would be designed.
  • COAH ratio—COAH is expected to release a new formula late in the fall, and it is the Manager’s sense that the developer should be responsible for fulfilling whatever obligation arises out of the new regulations. The developer has countered that changing the ratio after the contract is set would affect their bottom line. The Manager would like to include language in the ordinance that the developer will be responsible for whatever COAH determines and they can negotiate their contract accordingly.
  • Design of the townhomes—There is concern that garages will be used for storage, placing cars on driveways and in streets. There was a suggestion by the Council to have language in the ordinance to include 200 square feet of storage space in the garages. The developer would prefer to have language in the ordinance pertaining to additional attic storage space.
  • Unit mix—The council had suggested language designating maximum square footage in order to limit the possibility of units with more than three bedrooms or easy conversions in the future. The developer indicated they would like to see the mix modified from what was suggested by the council.

Township Attorney Buzak noted that COAH is expected to proprose their new regulations in November, allow a 60-day comment period, which would take them into January of 2008, and then adopt the new regulations in February of 2008.

Rob Holmes of Baker Residential presented their proposed development to the council for consideration. Items touched on included:

  • Traditional and neo-traditional design of the units, streetscape, and landscape
  • Exterior design
  • COAH units to be developed as duplex units interspersed with other duplexes
  • Floor plans and square footage for various units
  • Placement of garages and additional parking areas
  • Elevation
  • COAH regulation timeframe and preliminary Planning Board approval
  • Bus stop safety along Route 10
  • Unit mix and square footage
  • Units with loft space
  • Wetlands at the site
  • Anticipated price range for various units
  • Projected increase to school population

Mr. Holmes asked if Randolph had adopted a growth share ordinance.

Attorney Buzak responded that a growth share ordinance has been discussed by not yet introduced.

Councilman Alpert asked if Planning Board approval is granted for the development before COAH has adopted their new regulations, which plan would take precedence.

Attorney Buzak responded that from his perspective as the municipal attorney, the developer assumes the risk for fulfilling COAH obligations and language would be built into the ordinance that requires the developer to assume the risk and create the satisfaction of the obligation the development creates.

Manager Lovell noted that the restriction of loft space and overnight parking are two issues that will have to be clearly defined in the ordinance.

Councilman Napoliello stated that, unless this were to be a senior citizen development, he is opposed to this project due to the potential impacts on the schools and roadways. He believes that other opportunities will present themselves for the development of this site.

Mayor Obremski cautioned that, as mentioned previously by Councilman Algeier, the Highlands Commission may be able to force Randolph to accept a project on that site that is far more undesirable than the proposed development.

Manager Lovell stated that he believes there is a risk that the Highlands will transfer COAH obligations from the preservation area to the planning area.

Councilman Alpert noted that his primary concern with this development is the impact on the schools.

Mayor Obremski asked the Manager to provide the Council with a report on the number of school aged children generated by developments such as Woodmont. The Mayor also stated that he was not comfortable with the unit mix proposed by Baker Residential. He also stated that attic storage for large items is unrealistic and believes residents would store large items in the garage.

The Manager summarized the issues that still remain as limiting the number of bedrooms, storage space, school number projections, and COAH regulations. Baker Residential will come back to the council with their proposal.

(C) Request to Place Wireless Communications Equipment on/at Existing Electric Tower—Millbrook Avenue Park Property

Mayor Obremski recused himself at this time due to a possible conflict of interest.

Manager Lovell noted that this site is not on the list of sites included in an ordinance adopted earlier in the year. Cingular would like to lease the tower, build and mount an antenna, and build a box at the base. This parcel was not purchased with Green Acre funds, is fenced, and does not create an eyesore for neighbors. If the Council is interested in this lease, an agreement and formal leasing ordinance will be drafted and it will go to the Board of Adjustment for a hearing.

Township Attorney clarified that this site is not on the recreation open space inventory list, so there is no problem with Green Acre restrictions. There is a question, however, of whether the easement can be expanded which he will look into if the Council is looking to move on the lease agreement.

A representative from Cingular offered to provide a list of other municipalities with whom they have lease agreements to provide further information.

REVIEW AND SET PROPOSED AGENDA FOR JUNE 7, 2007, REGULAR MEETING

Manager Lovell reviewed the proposed agenda with the Council. He noted that a resolution concerning the annual audit will be on the agenda and the Council will be asked to certify that they have read the comments provided by the auditor, so he asked the members of the Council to review the document prior to the next meeting.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello stated that the chairman of the Economic Development Committee has informed him that developers have approached the committee about building retail space at the site currently proposed for Baker Residential. The Councilman reiterated his desire to not build a residential development on that site.

Deputy Mayor Mitsch responded that she would be cautious about approving a huge retail development at that site because it is uncertain that the complex would be fully utilized in this economy, especially in light of the proposed Grecco retail development. She expressed concern that, if Baker Residential is not approved to build their residential project, the Highlands could potentially force a project at that site in the coming years that would be extremely detrimental to Randolph.

Manager Lovell also noted that the ability to extend water to that site is unknown at this point. He will be meeting with the MUA in Trenton shortly, and he expects to learn that there will be a moratorium on water extensions for two or three years, in which case any proposal for that site will be impacted.

Councilman Metz reported that the Board of Education is asking for council members to attend as many of the driver safety programs as possible. He also noted that he is looking forward to being able to express his opinion regarding the pool at the next meeting.

Mayor Obremski noted that he will most likely be a few minutes late for the next meeting.

Manager Lovell stated that an application has been received for the Skylands Convention Center.

Councilman Napoliello asked if Randolph was still involved in litigation concerning Randolph Mountain.

Township Attorney Buzak responded that they are scheduled for oral arguments before the Appellate Division in the next few days. Baker Residential is not involved in any litigation with Randolph.

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
b. Update on Open Space Acquisition Negotiations
c. 2007 Open Space Application
d. Personnel

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

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

NAYS: None

ABSENT: Councilman Algeier

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

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

NAYS: None

ABSENT: Councilman Algeier

ADJOURNMENT

The Mayor adjourned the meeting at 10:30 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 Obremski.

Present for the executive session were:
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski
Township Manager Lovell
Township Attorney Edward Buzak

Absent for the executive session was: Councilman Algeier

Mishkin Acquisition

Released May 1, 2008.

2007 Open Space Application

Released May 1, 2008.

Personnel

Manager Lovell informed the council that he will be serving a member of the police department. That individual does have a right to appeal and has chosen to bring the matter before a hearing.

The Township Attorney stated that there could be no further information provided to the council than has already been provided by the Manager. Mr. Buzak outlined what the council can anticipate happening as this case moves forward.

_________________________
Donna Marie Luciani
Township Clerk