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: September 15, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. 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 Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch (arrived 8:05 p.m.)
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Price

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

Mayor Metz led the Pledge of Allegiance.

APPROVAL OF COUNCIL MEETING MINUTES

A. Regular Meeting Minutes

(1) August 6, 2009

Councilman Algeier made a motion to approve the minutes as presented. Deputy Mayor Alpert seconded the motion, and the following roll call vote was approved:

AYES:
Councilman Algeier
Councilman Napoliello
Deputy Mayor Alpert

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

ABSTAIN:
Councilman Obremski
Mayor Metz

B. Executive Meeting Minutes

(1) August 6, 2009

Councilman Algeier made a motion to approve the minutes as presented. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Deputy Mayor Alpert

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

ABSTAIN:
Councilman Obremski
Mayor Metz

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that the sub-committee presented its draft report on the review of the intersection of Route 10 and Dover Chester Road at the Traffic Advisory Committee. Members from the police department and the Traffic Advisory Committee provided comments that will be incorporated into the final presentation. The report recommends that installation of left-hand turn lanes on Route 10 similar to the intersection at Center Grove Road. The jug handle will remain so that emergency vehicles will be able to make the turn. The report will be finalized and presentations made to the Council and Morris County staff before going to the DOT.

Deputy Mayor Alpert reported that the Landmarks Committee is discussing various locations throughout the town for landmark status.

Mayor Metz attended the memorial service commemorating 9/11 at the VFW. There was a good turnout and it was a nice event. The Mayor was attending an event over the past weekend and had an opportunity to meet the new rabbi serving at the Mt. Freedom Jewish Center. At a recent Economic Development Committee meeting a prospective business owner gave a presentation on his plans to relocate his business to Randolph which would require a zone change. The EDC unanimously recommended that the zone change be reviewed by the Council. The Mayor reported that ten local businesses have signed up to participate in Randolph Sales Days. Several local businessmen have expressed their appreciation to the Mayor that the EDC is moving in the right direction with regard to local businesses.

Manager Lovell reported that letters will be mailed to residents living adjacent to the Clyde Potts watershed and James Andrews Park providing information on the deer hunts. Rules and regulations for the Brundage hunt are being finalized. The water tank project on Old Brookside Road is underway and the Manager is pleased with the progress. The water booster station on Overlook is ready to accept a pump and installation should resolve any remaining issues with low water pressure in that area. The Shongum Road sewer project has been completed. The Manager noted that the project was finished faster than anticipated. The Township will be moving forward with special assessments later this year with the property owners who had requested the installation of the sewer. The renovations to the Sunset Drive buildings have been completed and the Manager complimented Bill Kerwick’s crew for doing an excellent job. Randolph has received signed contracts for the Center Grove sidewalk project and Manager Lovell looks to have this project constructed in the spring. The Manager attended a meeting with the Board of Education Finance Committee where several issues were discussed. There was a presentation for the vehicle maintenance building and the Manager has been advised that the Finance Committee is going to recommend favorable action on the part of the Board of Education. Manager Lovell anticipates having a Memorandum of Understanding in place later this year and the project can then progress to architectural design. The Manager noted that the township is involved with several projects with the Board of Education in support of each other. The Board of Education had been contemplating a new charge dealing with utilities when their facilities are used in off hours, however after discussion at the meeting, they have indicated they will be reconsidering that policy.

DISCUSSION ITEMS

(1) Zone Change Application—North Jersey Development Group—Block 18.01, Lot 1.01, at 2 Middlebury Boulevard

Manager Lovell stated that several people were in attendance this evening for an issue dealing with a zone change request. He recognized Dan Cohen from the North Jersey Development Group, legal counsel Mike Shivetz, and Olaf Erickson, the owner of Unique Systems. His comments included the following:

  • Mr. Erickson is interested in developing a 5.71 acre lot at the corner of Canfield Avenue and Middlebury Boulevard to relocate his business, Unique Systems
  • The Master Plan currently has that lot planned for commercial use
  • It is unlikely that the property will ever be served by sewers in the future, which constrains commercial development
  • Residential development that was anticipated for the area has never come to fruition
  • The property owner has requested that the property be rezoned to its original zoning of I1
  • Unique Systems has expressed interest in relocating to that site
  • Typically when a zone change is requested the Council will hear the issue and decide whether or not to send it forward to the Planning Board
  • If the Planning Board is in favor of the project moving forward, an ordinance would be drafted to change the zoning

Mr. Cohen provided the following comments:

  • North Jersey Development Groups owns several properties in Randolph
  • This property was purchased several years ago with the hope of developing a small commercial shopping center
  • Residential development has not taken place and they have not been able to attract any commercial or retail uses for that space
  • For the past several months they have been considering requesting a zone change
  • Recently Unique Systems approached them with the idea of locating their business at the site
  • They would like to develop the site as quickly as possible before New Jersey limits further development in the area and also because Unique Systems is considering other properties in the surrounding area

Mr. Erickson provided the following comments:

  • Born in Norway, came to U.S. in 1956
  • Unique Systems started in 1973 and has grown by leaps and bounds
  • Today Unique Systems is the designer and builder/manufacturer of vacuum process systems (vacuum pumps) driven by electric motors or steam
  • They sell their products all over the world
  • It is a very clean operation, all contained within the building
  • A large part of business is making parts for steam turbines
  • Currently he has 16-18 employees and in five years he can foresee employing perhaps 10 more
  • He can not afford a delayed project and has to expand the company now
  • Mr. Erickson likes Randolph and his employees like Randolph
  • He has loyal employees and a loyal customer base, including power stations, refineries, medical facilities, hospitals, etc.
  • The building will be extraordinary, with the lobby used a museum for model ships he has built as well as instruments he has built from match sticks
  • Various groups will be invited to see museum
  • He will be retiring at some point and his son will take over the business

Council members indicated their support of the zone change request.

Manager Lovell noted that Unique Systems will be scheduled to appear before the Planning Board, and if the Planning Board is favorable to the change, an ordinance will be drafted.

COMBINED ACTION ITEMS

Councilman Obremski made a motion to approve the Combined Action Items. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

A. Refund of Housing Development Fee for the Beta Realty-Tennis Center to the Adkins Group—$851.25

R-316-09

WHEREAS, on December 1, 2008, Beta Realty-Tennis Center paid $47,351.00 which represented 50% of their development fee based on 2.50% of an equalized value of $3,788,100.00 for land and improvements; and

WHEREAS, Section 15-91.3(c)(1) of the Land Development Ordinance of the Township of Randolph states non-residential development fees shall be imposed on developers in the amount of two percent of the equalized assessed improvement’s value for eligible non-residential activities; and

WHEREAS, according to the Township’s Tax Assessor, the equalized assessed improvement value or the value of the building is $2,325,000.00; and

WHEREAS, 2% of the equalized assessed improvement value amounts to $46,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $851.25 to The Adkins Group, 610 West Main Street, Greenfield, IN 46140.

B. Authorizing Award for the Removal of Contaminated Soil at 1304 Sussex Turnpike to Obtain “No Further Action” Letter From DEP to LBR Services, LLC—$4,500.00

R-317-09

WHEREAS, the Township of Randolph has a need to acquire LBR Services, LLC as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, LBR Services, LLC has indicated they will provide the removal of contaminated soil at 1304 Sussex Turnpike and to obtain a “No Further Action Letter” from NJDEP for an amount not to exceed $4,500.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with LBR Services, LLC as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 15, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, Various Capital Improvements, to award a contract to LBR Services, LLC for the Removal of Contaminated Soil at 1304 Sussex Turnpike and to obtain a “No Further Action Letter” from the DEP in the amount not to exceed $4,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Award for Soil and Investigation and Reporting for 1304 Sussex Turnpike to Viridian Environmental Consultants—$3,960.00

R-318-09

WHEREAS, the Township of Randolph has a need to acquire Viridian Environmental Consultants as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Viridian Environmental Consultants has indicated they will provide the Soil and Investigation and Reporting Services for 1304 Sussex Turnpike for an amount not to exceed $3,960.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Viridian Environmental Consultants as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 15, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, Various Capital Improvements, to award a contract to Viridian Environmental Consultants for Soil and Investigation and Reporting for 1304 Sussex Turnpike in the amount not to exceed $3,960.00.

____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorize a 90 Percent Application Fee Refund—Indoor Sports Pavilion

R-319-09

WHEREAS, the Planning and Zoning Department received an application fee from Indoor Sports Pavilion, LLC in the amount of $15,807.81 for Application #10-09; and

WHEREAS, the project has been withdrawn by the applicant prior to a public hearing; and

WHEREAS, it is the opinion of staff that the cost to the Township for review and processing of the application did not exceed ten (10) percent of the application fee.

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 ninety (90) percent of the application fee in the amount of $14,227.03 be refunded to Indoor Sports Pavilion, LLC, 16 West Hanover Avenue, Randolph, NJ 07869.

E. Authorizing Transfer of Title of a 1996 Armored Vehicle to the Township of Morris Plains Police Department—$10.00

R-320-09

WHEREAS, the Township of Randolph has a surplus 1996 Armored Vehicle VIN #1HTSC AAPOT H2252 37; and

WHEREAS, the Township of Morris Police Department would like to take possession of this vehicle; and

WHEREAS, the Township will transfer title of this vehicle to the Township of Morris Police Department for the sum of $10.00.

NOW THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township transfer the title of the 1996 Armored Vehicle VIN #1HTSC AAPOT H2252 37 to the Township of Morris Police Department for $10.00.

F. Authorizing Change Order to the Contract Awarded to Wojchik Electric for Electrical Work Done at Municipal Complex—Increasing Amount of Contract by $499.19 for New Total of $41,720.38

R-321-09

WHEREAS, the Mayor and Township Council of Randolph awarded a contract to Wojchik Electric for lighting and retrofitting pursuant to a prior energy audit for a contract price of $$41,221.19; and

WHEREAS, Wojchik Electric requested a change order to convert five (5) eight foot fixtures now T-12 to T-8 eight feet in length with T-A electronic ballasts and lamps. All of the additional parts and labor will amount to a $499.19 increase in the total contract price; and

WHEREAS, after careful review and consideration, the Manager’s Office approved the change order and the project will be completed upon approval of same.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract with Wojchik be so amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 15, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #9-08, Various Capital Improvements, to amend the contract with Wojchik Electric for Lighting and Retrofitting pursuant to a prior energy audit in the amount not to exceed $499.19.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Raffles

(1) Special Affairs Permit, Randolph Chemical Engine Co. #2, October 1, 2009, 2:00 p.m. to 6:00 p.m., 340 Route 10 West, Randolph

(2) Off-Premise 50/50, Greek Orthodox Community Church, December 20, 2009, 12:30 p.m., St. Andrew Hall, 1447 Sussex Turnpike, Randolph

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier attended the County 911 Memorial Service which was an emotional event but well run. He noted the four individual from Randolph who lost their lives in the terrorist attack on September 11, 2001: David Carlone, Jason Jacobs, Stephen Russen, and Francis Skidmore, Jr. After his death, Mrs. Russen provided a large donation in her husband’s memory for the wonderful playground in Freedom Park.

Councilman Obremski reported that the next Alive at 25 Program at the High School will be September 21 at 6:45 p.m. The program will eventually be turned over to the high school for implementation. This year a recent Randolph graduate will speak to the audience about her brother that was killed in a high-speed crash recently and the impact it has made to her and her family. The program is being offered to sophomores in an effort to reach the kids before they get behind the wheel.

Mayor Metz responded that the Alive at 25 Program is run very well and he has heard many positive comments from parents who have attended the program. Other towns he has visited express an interest in getting a similar program for their town.

Councilman Napoliello attended a meeting with the Country Fair Committee and plans are moving along very nicely. There will be more frequent meetings as the date for the fair nears.

Mayor Metz asked for Council volunteers to serve on a committee for the annual evaluation of the Township Manager and Township Clerk.

Mayor Metz, Deputy Mayor Alpert, and Councilwoman Mitsch volunteered to serve on that committee and Deputy Mayor Alpert will chair.

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. Land Acquisition
b. Tilcon v. MCCPC

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 Alpert made a motion to move into Executive Session at 8:55 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Councilwoman Mitsch made a motion to return to Open Session at 9:45 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Regarding the land acquisition issue from Executive Session, Councilman Napoliello made a motion authorizing the Township Manager to bid taxes plus 18 percent interest and a premium up to what was discussed in Executive Session on Block 142, Lot 14Q.

Tax Sale—Block 142, Lot 14Q

R-322-09

WHEREAS, in accordance with N.J.S.A. 54:5-30.1, the Township of Randolph has determined that the property known as Block 142, Lot 14Q, 14 Mountainside Drive would be useful for public purpose; and

WHEREAS, the Township Council has authorized the Township Manager to designate the Director of Finance to attend the auction and to bid on the property on behalf of the Township; and

WHEREAS, the Township Council has authorized that a minimum of 18% to a maximum premium of $50,000 bid be made on this property.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Township Manager authorize the Director of Finance to bid on the property known as Block 142, Lot 14Q, 14 Mountainside Drive which will be used for public purpose.

Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Councilman Algeier and Councilwoman Price will be on the sub-committee to discuss Tilcon v. MCCPC and will report back to the Council for further discussion.

ADJOURNMENT

Deputy Mayor Alpert made a motion to adjourn the meeting at 9:50 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

_____________________________
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 Metz.

PRESENT:
Councilman Algeier
Councilwoman Mitsch (arrived 8:05 p.m.)
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Price

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

Land Acquisition

Manager Lovell noted that there is an upcoming tax sale and a number of Nitti properties are listed for the sale. The Manager asked the Council if there was any interest in bidding on a couple of parcels. However, the only way he can bid on those parcels is with open space funds so they must be used as open space. The Manager is asking for the Council’s insights as to whether or not to bid on these parcels and to set a maximum amount for the bid.

Councilman Algeier noted that he doesn’t see this as a great open space purchase that would provide benefit to Randolph, particularly if the properties have potential commercial uses.

Manager Lovell noted that one parcel is located in the Mill Brook area that is undevelopable due to steep slopes.

Councilman Algeier responded that he sees some benefit to bidding on that property as it protects the Mill Brook and may have some connectivity to other township owned property in the future. Since the township would be purchasing a tax sale certificate, he asked whether it could be sold since we would be using open space funds to purchase it.

Mr. Buzak responded that he would look into that.

Mr. Lovell left the meeting to look up some numbers on the proposed property.

Tilcon v. MCCPC

Do not release.

Return to Land Acquisition

Manager Lovell reported that the assessed value on the property shows a lot value of $103,600.00 and an improvement value of $58,400.00. The property is 7.8 acres.

Council determined that a bid of 18 percent plus a bid of no more than $50,000.00 be offered at the tax sale.

Manager Lovell stated that Council must go back into public session and authorize the township to bid taxes plus 18 percent plus a premium not to exceed the amount discussed in Executive Session.

_________________________
Donna Marie Luciani
Township Clerk