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 18, 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
Councilman Obremski
Councilwoman Price (arrived 8:05 p.m.)
Deputy Mayor Metz
Mayor Napoliello

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

Mayor Napoliello led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reminded the Council that she had suggested at a prior meeting an ordinance that would ban smoking on public property or require smokers to stay at least 50 feet away from non-smokers. She once again urged the Council to consider such an ordinance.

Daniel Lynn, 14 Rolling Ridge Road, stated that he has heard rumors in town concerning turmoil within the police department, notably concerning the police chief. He asked if there was any truth to the rumors.

Manager Lovell responded that Chief Kazaba, after serving Randolph Township for more than 30 years, has notified him of his pending retirement on or before February 1, 2009. There are members of the police department who support the chief and members of the police department who do not support the chief. Mr. Lovell has heard the rumors and stated that many of the rumors and statements made about Chief Kazaba are unfair. He believes that Chief Kazaba deserves thanks from the community for his many years of loyal service.

Tim Freeman, 10 Lookout Road, noted that he has heard rumors of problems among the rank and file of the police department as well as the police chief. He asked if these problems in any way impair the ability of the police force to protect the public safety in Randolph.

Manager Lovell responded that a contract with the FOP has recently been settled through mediation and a Letter of Understanding that both sides have agreed to has been rendered. An ordinance will be introduced tonight to settle that contract for the next four years. While there are people within the police department with various agendas, the Manager does not believe that the unrest has impaired the police department’s ability to protect the public.

Ned Waldman, 1 Shady Lane, asked if the plans for the expansion and renovation of the animal shelter are moving forward.

Manager Lovell responded that Morris County is in the process of developing a concept of shared animal services within the county. Randolph would be a participating municipality under this plan. There will be a meeting to determine if there is regional support for this program. If it is determined that there is no regional support, Randolph will look from within to address the conditions at the shelter.

Mr. Waldman asked how other towns that use Randolph’s animal control and sheltering services pay for those services.

Manager Lovell responded that those towns pay Randolph an annual fee for sheltering and animal control services.

Mr. Waldman asked if Victory Gardens has inquired about using Randolph’s services.

Manager Lovell responded that Victory Gardens has made no contact with his office for any services.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski noted that discussion at a Recreation Committee meeting focused on illegal parking along South Road by visitors to Heistein Park. During the winter, both the Recreation Committee and Traffic Advisory Committee will try to come up with a plan to address this issue. The Councilman reported that Randolph Park had the highest income during the summer since 2003. The biggest increase came from daily fees. October is Traffic Safety Month, and it will be noted on a billboard on Route 10. The Traffic Safety Committee will be looking at ways to address speeding issues along Olde York Road, an issue that was brought to their attention by a resident. The “Alive at 25” Program has begun at the high school and is receiving positive feedback. Other towns continue to inquire about the program. The Traffic Advisory Committee has compiled a how-to guide on setting up new teen driving safety programs for other towns throughout the State to use as a model.

Councilman Alpert reported that the County Open Space Committee will be making their tour of open space properties in October. The Councilman attended a Morris County League of Municipalities meeting where there was discussion of municipalities harnessing hydro power.

Councilwoman Price reported that the Economic Development Committee will be holding their awards presentation on October 28 at the Skylands. The EDC has requested two alternate members be added to their membership. The Councilwoman attended the 9/11 memorial service at the VFW and thanked them for their efforts.

Councilman Algeier discussed materials he received from a leadership program he attended. The materials were distributed among the members of the Council, the Manager, the Assistant Manager, the Township Clerk, and the Township Attorney. He suggested there may be some value in bringing the program to Randolph staff. The Councilman will be attending a conference next month focusing on recent developments in homeland security primarily related to state and regional matters. Regarding the parking issue at Heistein Park, Councilman Algeier suggested the Traffic Advisory Committee contact the various sport booster committees to make them aware of the problem and ask for their help in communicating with their members. The Councilman attended a conference featuring the Director of Highway Traffic Safety and where State Farm Insurance was a major presenter. State Farm has a state-wide youth program for high school students interested in becoming future business leaders. A group of students from Morris County, which included a student from Randolph, won first prize for the product they developed. State Farm mentioned Randolph’s “Alive at 25” program and noted that other towns throughout New Jersey are trying to get a similar program in their town. Councilman Algeier congratulated Councilman Obremski and noted he was instrumental in getting this program up and running last year and is continuing with it. Councilman Algeier referred to comments made at the last Council meeting, at which he was not present, concerning the Shongum Lake dam assessment and clarified his comments as follows:

  • It was purported that he said the proposed assessment approved by the Council was the fairest and easiest way to do the assessment. In reviewing the transcripts from the meeting, it is clear he never made that comment.
  • His main point was that the cost of doing an assessment based on the 25 percent premium for lakefront properties would more than devour the $2.47 savings for non-lakefront properties. Since the Shongum Lake property owners have agreed to bear all of the Township’s costs relating to the assessment, it was his view that this didn’t make sense because there was no money to be saved.
  • Another mis-statement attributed to the Councilman was that he purportedly said that there was no basis for houses on the lake being assessed more than houses not on the lake. What the Councilman actually said was that assessments for properties along the lake could vary from house to house.

Deputy Mayor Metz referenced a comment he had made in July regarding the state pension fund investing in Lehman Brothers and noted that he is not comfortable with the way the money is being managed at the state level.

Manager Lovell suggested canceling the October 16 Council Meeting as there is nothing of note legislatively for that evening.

Councilwoman Price made a motion to cancel the October 16, 2008, Council meeting. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Manager Lovell asked the Council members to review material regarding a soil movement permit and a zone change request for the next meeting. The Manager also referenced a memo from the Township Attorney regarding COAH and a court decision appointing a monitor for two towns in New Jersey to oversee their COAH compliance. He noted that this points to the fact that Randolph is facing some very tough times regarding COAH. There has been an offer from a developer to donate artificial turf that is no longer being used to the township. The turf is in very good shape and John Van Brunt has suggested that the donation be accepted and placed at the roller hockey rink at Stony Brook Park. The various booster clubs who use the park are willing to pay for the installation of the material. The Manager asked Mr. Van Brunt to check into the lead content of the turf since there was an issue during the year about turf fields in New Jersey, which he will do. The Manager asked the Council for their guidance on whether or not to proceed with this donation.

The Council, after a brief discussion, agreed to accept the donation of the artificial turf.

Councilman Algeier noted that the offer from the booster clubs to pay for the installation is another example of how the volunteers in Randolph step up to the plate and assist the town in every way they can.

ORDINANCES

A. Introduction

(1) Amending Ordinance #23-08: “Range of Compensation” Section 10—Police Officers

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 23-08 ENTITLED ‘AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’” 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 of the Township of Randolph on the 7th of October, 2008, at 8:00 in the evening, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that a mediator was able to bring both sides to an agreement. The agreement will be ready to ratify shortly. The companion document to the ratification resolution is this ordinance which amends the salary and wage ordinance and puts into place the pay increases for police officers. The Manager summarized the changes agreed to in the new contract. He asked the Council to introduce the ordinance this evening. There will be a public hearing on the ordinance, after which the Township will issue retroactive checks to the officers for 2008.

Councilman Alpert made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilwoman Mitsch made a motion to approve the combined action resolutions. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier (abstained on Item 9 pertaining to Dusenbury, Inc.)
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Sewer Bill for Block 184, Lot 10.09, to Jamie Tang—$642.00

R-305-08

WHEREAS, Jamie Tang, 1009 Wendover Court, Block 184, Lot 10.09, purchased her home in 2001; and

WHEREAS, the property was billed for sewer from 2001 to the second quarter 2008 as a two-bedroom condominium unit and should have been billed as a one-bedroom unit; and

WHEREAS, based on the correct billing, Ms. Tang has overpaid her sewer account by $756.00; and

WHEREAS, Ms. Tang has requested that she be refunded the $756.00 less the 3rd quarter 2008 billing of $114.00.

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 $642.00 to Jamie Tang, 1009 Wendover Court, Randolph, NJ 07869.

(2) Refund Registration for Ice Hockey Program to Young Woo Lee—$850.00

R-306-08

WHEREAS, Young Woo Lee registered her child for the 2008 Ice Hockey Program and paid the fee of $875.00; and

WHEREAS, this child will not be participating in the program.

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 $850.00 be refunded to Young Woo Lee, 100 Center Grove Road, Apt. 5-9, Randolph, NJ 07869.

(3) Refund Registration for Ice Hockey Program Due to Lack of Enrollment to Susan Schneider—$875.00

R-307-08

WHEREAS, Susan Schneider registered her child for the 2008 Ice Hockey Program and paid the fee of $875.00; and

WHEREAS, her child will not be participating in the program due to lack of enrollment.

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 $875.00 be refunded to Susan Schneider, 1 Trout Brook Lane, Mendham, NJ 07945.

(4) Refund Registration for Ice Hockey Program Due to Lack of Enrollment to Robert Steindler—$875.00

R-308-08

WHEREAS, Robert Steindler registered his child for the 2008 Ice Hockey Program and paid the fee of $875.00; and

WHEREAS, his child will not be participating in the program due to lack of enrollment.

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 $875.00 be refunded to Robert Steindler, 19 Olde York Road, Randolph, NJ 07869.

(5) Release Maintenance Guarantee for Block 21, Lots 32 and 32.01—Rolling Hill Subdivision to Valley National Bank—$31,321.46

R-309-08

WHEREAS, the Engineering Department has received a request from the Rolling Hill Company for the release of the maintenance guarantee for the public improvements constructed in conjunction with the Rolling Hill subdivision; and

WHEREAS, the maintenance guarantee consisted of a Letter of Credit No. 3332, issued by Valley National Bank in the amount of $31,321.46; and

WHEREAS, the Developer was required to post this maintenance guarantee in the amount of $31,321.46 for a period of two years following the date of completion of public improvements; and

WHEREAS, the two year maintenance period has expired and the public improvements have been inspected and found to be satisfactory.

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 Ralph Carchia, Engineering Administrator, that the maintenance guarantee consisting of Letter of Credit No. 3332 in the amount of $31,321.46 be released to Valley National Bank, Attention Ron Niewiadowski, 924 Broadway, 4th Floor, New York, NY 10013.

(6) Refund Escrow Funds for Block 18, Lot 10.02, From Randolph Dance Center, Inc., to Lynette Selk—$797.50

R-310-08

WHEREAS, the Planning and Zoning Department received escrow funds from The Randolph Dance Arts Center, Inc., for Block 18, Lot 10.02, in the amount of $1,000.00; 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 $797.50 be refunded to The Randolph Dance Arts Center, Inc., Lynette Selk, 7 Monroe Place, Rockaway, NJ 07866.

(7) Refund Escrow Funds for Block 44, Lot 25, to Toll Brothers—$721.25

R-311-08

WHEREAS, the Planning and Zoning Department received escrow funds from Toll Brothers for Block 44, Lot 25, in the amount of $2,000.00; 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 $721.25 be refunded to Toll Brothers, 3103 Pilmont Avenue, Huntington Valley, PA 19006.

(8) Refund Escrow Funds for Block 195, Lot 12, to John Dusenbery, Co., Inc.—$627.00

R-312-08

WHEREAS, the Planning and Zoning Department received escrow funds from John Dusenbery Co., Inc., for Block 195, Lot 12, in the amount of $2,500.00; 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 $627.00 be refunded to John Dusenbery Co., Inc., 220 Franklin Road, Randolph, NJ 07869.

(9) Refund Escrow Funds for Block 112, Lot 13, to The Island Group, Inc.—Kimberly Frazier, Roberts Design—$2,519.25

R-313-08

WHEREAS, the Planning and Zoning Department received escrow funds from The Island Group, Inc., Kimberly Frazier, for Block 112, Lot 13, 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 $2,519.25 be refunded to The Island Group, Inc., Kimberly Frazier, Roberts Design, 22 Franklin Road, Mendham, NJ 07945.

(10) Refund Escrow Funds for Block 198, Lot 3, to Oceanview Realty, Ltd.—$483.00

R-314-08

WHEREAS, the Planning and Zoning Department received escrow funds from Oceanview Realty, Ltd., for Block 198, Lot 3, in the amount of $1,000.00; 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 $483.00 be refunded to Oceanview Realty, Ltd., PO Box 855, Whitehall, PA 18052.

(11) Refund Escrow Funds for Block 18, Lot 10, to BAS Properties, Barry Segal—$1,047.75

R-315-08

WHEREAS, the Planning and Zoning Department received escrow funds from BAS Properties for Block 18, Lot 10, in the amount of $6,000.00; 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 $1,047.75 be refunded to BAS Properties, Barry Segal, Bradco Supply Corp., 13 Production Way, Avenel, NJ 07001.

(12) Refund Escrow Funds for Block 176, Lot 42-44, to Andrew Millward, c/o Mr. Richard Sweeney—$205.87

R-316-08

WHEREAS, the Planning and Zoning Department received escrow funds from Andrew Millward for Block 176, Lot 42-44, in the amount of $1,000.00; 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 $205.87 be refunded to Andrew Millward, c/o Mr. Richard Sweeney, Esq., 76 Broadway, Suite 100, Denville, NJ 07834.

(13) Refund Escrow Funds for Block 112, Lot 1, to Randolph Diner—$113.25

R-317-08

WHEREAS, the Planning and Zoning Department received escrow funds from the Randolph Diner for Block 112, Lot 1, in the amount of $6,000.00; 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 $113.25 be refunded to the Randolph Diner, 117 Route 10 East, Randolph, NJ 07869.

(14) Refund Escrow Funds for Block 145, Lot 2, to Y&S Associates, Safia Yamin—$1,981.50

R-318-08

WHEREAS, the Planning and Zoning Department received escrow funds from Y&S Associates for Block 145, Lot 2, in the amount of $6,000.00; 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 $1,981.50 be refunded to Y&S Associates, Safia Yamin, 11 Middlebury Boulevard, Unit 7, Randolph, NJ 07869.

(15) Refund Escrow Funds for Block 145, Lot 59, to Dunkin Donuts—$1,844.50

R-319-08

WHEREAS, the Planning and Zoning Department received escrow funds from Dunkin Donuts for Block 145, Lot 59, in the amount of $2,500.00; 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 $1,844.50 be refunded to Dunkin Donuts, 375 Route 10 East, Randolph, NJ 07869.

(16) Refund Escrow Funds for Block 112, Lot 6, to Randolph Realty, LLC—$1,825.25

R-320-08

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Realty LLC, Growth Restaurant, for Block 112, Lot 6, in the amount of $6,000.00; 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 $1,825.25 be refunded to Randolph Realty, LLC, Growth Restaurant, 55 South Finley Avenue, Basking Ridge, NJ 07920.

(17) Refund Escrow Funds for Block 18.01, Lot 1.09, to Aspen Ice Rink, Carco Development—$3,967.50

R-321-08

WHEREAS, the Planning and Zoning Department received escrow funds from Aspen Ice Rink, Carco Development, for Block 18.01, Lot 1.09, in the amount of $6,000.00; 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 $3,967.50 be refunded to Aspen Ice Rink, Carco Development, 477 Route 10 at College Park, Randolph, NJ 07869.

(18) Refund Escrow Funds for Block 18.01, Lot 1.05, to Carco Development Corp.—$2,953.10

R-322-08

WHEREAS, the Planning and Zoning Department received escrow funds from Carco Development Corp. for Block 18.01, Lot 1.05, in the amount of $6,000.00; 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 $2,953.10 be refunded to Carco Development Corp., 477 Route 10, Randolph, NJ 07869.

(19) Refund Escrow Funds for Block 44, Lot 31.01, to Hanover Hills Assoc.—$1,694.49

R-323-08

WHEREAS, the Planning and Zoning Department received escrow funds from Hanover Hills Assoc. for Block 44, Lot 31.01, totaling $3,000.00; 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 $1,694.49 be refunded to Hanover Hills Assoc., College Park L.P., 26 Columbia Turnpike, Florham Park, NJ 07932.

(20) Refund Escrow Funds for Block 44, Lot 31, to Hebrew Academy of Morris County—$1,000.00

R-324-08

WHEREAS, the Planning and Zoning Department received escrow funds from the Hebrew Academy of Morris County for Block 44, Lot 31, in the amount of $1,000.00; 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 $1,000.00 be refunded to the Hebrew Academy of Morris County, 146 Dover Chester Road, Randolph, NJ 07869.

(21) Refund Escrow Funds for Block 103, Lot 2, to Tri-Co Federal Credit Union—$70.00

R-325-08

WHEREAS, the Planning and Zoning Department received escrow funds from Tri-Co Federal Credit Union for Block 103, Lot 2, in the amount of $1,000.00; 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 $70.00 be refunded to Tri-Co Federal Credit Union, 222 Madison Avenue, Morristown, NJ 07960.

(22) Refund Escrow Funds for Block 97, Lots 7 and 8, to Hillcrest at Randolph—$245.25

R-326-08

WHEREAS, the Planning and Zoning Department received escrow funds from Hillcrest at Randolph for Block 97, Lots 7 and 8, 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 $245.25 be refunded to Hillcrest at Randolph, Suite A, 16 Microlab Road, Livingston, NJ 07039.

(23) Refund Escrow Funds for Block 18, Lot 1.01, to Roseland Contractors—$1,434.00

R-327-08

WHEREAS, the Planning and Zoning Department received escrow funds from Starbare II Partners, L.P., Roseland Contractors, for Block 18, Lot 1.01, in the amount of $3,000.00; 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 $1,434.00 be refunded to Roseland Contractors, Randolph Commerce Center, 233 Canoe Brook Road, Short Hills, NJ 07078.

(24) Refund Escrow Funds for Block 184, Lots 1 and 1.02, to Baker Residential—$1,188.85

R-328-08

WHEREAS, the Planning and Zoning Department received escrow funds from Baker Residential, Stone Ridge, for Block 184, Lots 1 and 1.02, in the amount of $1,439.70; 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 $1,188.85 be refunded to Baker Residential, 485 Washington Avenue, Pleasantville, NY 10570.

(25) Refund Escrow Funds for Block 35, Lots 46 and 47, to The Woods at South Road, LLC—$2,000.00

R-329-08

WHEREAS, the Planning and Zoning Department received escrow funds from The Woods at South Road, LLC, for Block 35, Lots 46 and 47, in the amount of $2,000.00; 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 $2,000.00 be refunded to The Woods at South Road, P.O. Box 745, 5 Tulip Street, Summit, NJ 07902.

(26) Refund Escrow Funds for Blocks 103, 103.04, and 103.03, Lots 1-5, 13-19, 28 and 28.25, to Elbaum Homes—$1,246.60

R-330-08

WHEREAS, the Planning and Zoning Department received escrow funds from Elbaum Homes, Pleasant Ridge 2, for Blocks 103, 103.04, and 103.03, Lots 1-5, 13-19, 28 and 28.25, in the amount of $8,720.79; 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 $1,246.60 be refunded to Elbaum Homes, P.O. Box 374, Mt. Freedom, NJ 07970.

(27) Refund Escrow Funds for Block 120, Lots 35-39, to Joy Estates, Bart McDermott, Inc.—$185.07

R-331-08

WHEREAS, the Planning and Zoning Department received escrow funds from Joy Estates for Block 120, Lots 35-39, in the amount of $3,000.00; 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 $185.07 be refunded to Joy Estates, Bart McDermott, Inc., 49 Arlington Avenue, Morris Plains, NJ 07950.

(28) Refund Escrow Funds for Block 40, Lot 4, to Carco Development Corp.—$1,000.00

R-332-08

WHEREAS, the Planning and Zoning Department received escrow funds from Carco, Wexford Chase South, for Block 40, Lot 4, in the amount of $1,005.34; 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 $1,000.00 be refunded to Carco Development Corp., 477 Route 10 East, Randolph, NJ 07869.

(29) Refund Escrow Funds for Block 199, Lots 1.01 and 33, to Rustic Woods—$263.00

R-333-08

WHEREAS, the Planning and Zoning Department received escrow funds from Rustic Woods for Block 199, Lots 1.01 and 33, in the amount of $3,000.00; 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 $263.00 be refunded to Rustic Woods, 26 Columbia Turnpike, Florham Park, NJ 07932.

(30) Release Road Opening Cash Bond for Installation of Water Service at 96 South Road to Doug Collinson—$300.00

R-334-08

WHEREAS, the Engineering Department has received a request from Doug Collinson for the release of a $300.00 cash road opening bond posted for the installation of water service at 96 South Road; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on December 1, 2006; and

WHEREAS, the applicant was required to post this cash bond to guarantee the water service installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Doug Collinson, 96 South Road, Mendham, NJ 07945.

B. 2008 Budget Amendment—Recycling Tonnage Grant

R-335-08

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2008 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2008 in the sum of $18,885.70 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Recycling Tonnage Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $18,885.70 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Recycling Tonnage Grant

C. Raffles

(1) Off-Premise 50/50, Fernbrook School PTA, November 1, 2008, 6:00 p.m. to 10:00 p.m., at the Randolph High School, Millbrook Avenue, Randolph

(2) Off-Premise 50/50, St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, on December 7, 2008, at 12:00 Noon

(3) Off-Premise 50/50, Randolph PTA Council, December 16, 2008, at 9:00 p.m. at the Randolph High School Commons

(4) On-Premise Merchandise Raffle, Randolph High School Girls’ Soccer Booster Club, December 8, 208, from 5:30 p.m. to 9:30 p.m. at the Meadow Wood Manor

(5) 50/50 Raffle, Randolph High School Girls’ Soccer Booster Club, October 7, 2008, From 5:30 p.m. to 9:00 p.m. at the Randolph High School Soccer Field

(6) 50/50 Raffle, Randolph High School Girls’ Soccer Booster Club, October 16, 2008, From 6:30 p.m. to 9:00 p.m. at the Randolph High School Soccer Field

DISCUSSION ITEMS

(1) Governor’s Executive Order #114—Highlands and COAH

Manager Lovell asked the Township Attorney to discuss the Executive Order issued by Governor Corzine.

Mr. Buzak discussed several passages from the Executive Order. Items that are encouraging include:

  • Language from the press release that said “directing the Council on Affordable Housing to work with the Highlands Council to ensure that nothing, not even affordable housing needs, impedes the protection of Highlands’ water.” This language would indicate that the Highlands Regional Master Plan will trump COAH requirements.
  • Language from the Executive Order saying that the Highlands Council, the DEP, and COAH are directed to review COAH’s third round growth projections for consistency with the Highlands plan and assist COAH in developing “adjusted” growth projections within the Highlands region consistent with the Highlands plans to be utilized by municipalities that conform to the Highlands plan.
  • Language which stated that those three entities would coordinate the deadlines for revisions of municipal master plans and third round fair share plans to be in conformance with both the Highlands Act and the Fair Housing Act including reasonable extensions of the deadlines.
  • Language that states that, in accordance with the court’s recognition in the Mt. Laurel cases, the clear obligation to preserve open space and natural resources and that the relevant state agency shall give priority to the protection of the critical water resources in the Highlands region that provide drinking water to over 5,000,000 people in New Jersey.
  • Language that says the Highlands Council and COAH shall enter into a joint Memorandum of Understanding as soon as practicable but no later than 60 days from the effective date of the Executive Order.

Items that are not as encouraging include:

  • Language that says the Highlands, the DEP, and COAH are supposed to create realistic opportunities for municipalities to address the actual growth share obligations resulting from residential and non-residential construction between January 1, 2004, and December 31, 2018 in the Highlands region based upon a growth share methodology under which affordable housing must be built when growth occurs, including the actual obligation accrued to date of approximately 3,000 affordable units with consideration for innovative affordable housing mechanisms and further the resource protection and standards of the Highlands plan.
  • Language that says those three entities are to identify sites and opportunities for affordable housing within the Highlands region including the creation of a realistic opportunity for at least 20 percent affordable housing set-asides at all new residential developments with consideration for economic feasibility and the coordination of regional affordable housing opportunities in areas with convenient access to infrastructure, employment opportunities, and public transportation.
  • Language that says their mission is to preserve scarce land, water, and sewer resources and dedicate these resources on a priority basis for the production of affordable housing consistent with the Highlands plan and provide priority review for proposed affordable housing projects.

The Township Attorney sees good parts and bad parts of the Executive Order. It sounded as if the Highlands Regional Master Plan would trump other things and that there would be adjustments and extensions of time. However, there is also language that concerns him regarding how much a municipality within the region may be giving up if they opt in and how much control the municipality would have in regard to where affordable housing would be placed within the municipality. There also seems to be an indication of the possibility of a regional contribution agreement for areas within the Highlands region. He advised the Council to be very cautious and to continue doing what the Council and Manager is doing before making any decisions about opting in or not opting in.

Mayor Napoliello noted that several mayors have indicated to him their impression from the Governor that water will take precedence over housing. Also, several urban mayors have expressed disappointment with the fact that RCAs are no longer available for their cities. At this point in time, Mayor Napoliello is not in favor of opting in to the program.

Councilman Alpert stated that this Executive Order is very typical of what has been coming out of Trenton recently. It’s a contradictory document. He finds it offensive that a group of people appointed by the Governor will have the ability to come into Randolph and determine where affordable housing will go, without any consideration of the impact to schools and emergency services. He stated for the record that this is probably a disaster waiting to happen. The Governor is completely disregarding the needs and feelings of the municipalities that are affected by this.

Councilman Algeier stated that this is bad policy. Most of the water being saved is going to the cities, so Randolph and the other municipalities are being punished and inundated with regulations so that democratic constituencies in Essex and Hudson counties can do all of the development they want to do. He cited a quote from Assembly Speaker Joe Roberts who said that “right now all the poor people live in the cities ... we have to change that.” Another motive for this, which the Councilman doesn’t necessarily has merit, is that the democrats want to get more democrats into the suburbs. He noted that this is centralized planning and falls in line with communist models. He also stated that the Council in Randolph depend on the people who work for the town to generate good ideas for the community and then develop and work with them to separate good ideas from better ideas and better ideas from the best ideas. However, that doesn’t seem to be the way Trenton operates. Trenton believes they know everything and will tell everybody what to do.

Mr. Buzak noted for the record that the three entities discussed earlier have until November 5 to enter into a Memorandum of Understanding and apologized for his earlier statement that they had until September 17.

Councilman Algeier wished Mr. Buzak luck on his lawsuit on behalf of the League of Municipalities. Hundreds of municipalities have contributed to help support his lawsuit.

(2) Request to Allow Connection and Defer Sewer Connection Fees Until October 1, 2008—96 Mt. Pleasant Turnpike

Manager Lovell stated that a sales associate from Weichert Realtors has petitioned on behalf of her client to allow tie-in fees for connecting to the town sewer line be deferred until the closing on her property due to financial hardship. There is a contract pending on the home and currently the closing is set for October 1, 2008. The cost is approximately $6,000.00. The Manager’s sense is to allow this to occur in light of the current housing market and it won’t hurt the Township. If payment is not made at closing, the sewer line can be blocked.

Councilman Algeier noted he would have a greater comfort level with this if there was an agreement through the attorney for the seller and the Township Attorney.

Manager Lovell responded that he would take that next step if the Council is amenable to this situation.

Councilman Algeier cautioned that this could open the door to more hardship cases coming before the Council. He suggested having a policy in place for future requests.

The Council agreed to grant the extension.

Mr. Buzak assured the Council that he will make sure the Township is protected.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, referred to the earlier comment about parking at Heistein Park and noted that parking at the Brundage Preserve and near the Shongum Lake beach are also problematic.

Councilman Obremski responded that police often face a public backlash when they try to ticket cars parked illegally along the roadways. The Traffic Advisory Committee will be working during the winter to deal with enforcement issues regarding illegal parking and will enlist the aid of the booster clubs to communicate with their members.

A resident at 1388 Sussex Turnpike noted that she doesn’t care for the speed bumps at the Recycling Center. She asked exactly what affordable housing is and how people purchasing COAH houses are selected.

Mr. Buzak responded that the affordable housing they are talking about is housing that is affordable by persons making less than 80 percent of the median income of the region. It varies by region and varies by household size. A lottery system is used and residents from our region, which consists of Warren, Union, Morris and Essex counties, would be eligible to have the opportunity to move into affordable housing in any of the municipalities within that region.

Tim Freeman, 14 Lookout Road, expressed his disappointment that Councilman Algeier’s earlier comments seemed to be campaigning. He believes these meetings are to conduct the business of the town and not to secure re-election to the Town Council.

Councilman Algeier noted that one of the problems for a community such as Randolph is that money is spent to provide affordable housing and it doesn’t necessarily go to residents from town, such as teachers or emergency workers or people who have grown up in the community but can not afford to purchase a home here.

Mr. Buzak stated that Randolph has always participated in the COAH process, and not only satisfied its obligations but exceeded them in the past. Randolph has never been opposed to providing its fair share of low and moderate income housing. However, the program has been revised and it appears there are unrealistic goals and objectives. It is believed that COAH’s ambition has exceeded its judgment.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier asked if the Manager could look into the possibility of extending the Randolph trails in the area of the library and recreation center to create a walkway from the senior apartments to the next corner. Concerning the opinion that the Councilman was campaigning during his earlier comments, Councilman Algeier stated that he refuses to be misquoted and not have the opportunity to respond simply because he’s running for office. He believes he is entitled to defend himself and does not lose that right because he is seeking office.

Councilman Alpert made a motion to nominate Chelsea Obremski for a two year term as a student member on the Recreation Committee. Councilwoman Mitsch 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

ABSTAIN: Councilman Obremski

Mayor Napoliello asked if anything has been done regarding a commendation for a young man in town who assisted a woman having a heart attack.

Manager Lovell responded that he will look into the issue.

Mayor Napoliello urged the Council to support the Putts for Pups outing on September 20.

ADJOURNMENT

Councilman Alpert made a motion to adjourn the meeting. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

The Mayor adjourned the meeting at 9:45 p.m.

_________________________________
Donna Marie Luciani
Township Clerk