All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: April 17, 2008

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Deputy 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 on March 7, 2008, by emailing them the meeting notice. The meeting notice, which included this meeting date and time change, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on March 13, 2008.

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

ABSENT: Councilwoman Price

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

Mayor Napoliello led the Pledge of Allegiance.

PRESENTATION—COAH REGULATIONS (Edward Buzak, Esq., and Robert Michaels, Planner)

Manager Lovell presented a COAH map showing areas they believe to be developable to assist in calculating the land capacity analysis which would determine how many COAH units could be accommodated by Randolph Township. Those areas include the County College of Morris campus, the Clyde Potts Reservoir, several Randolph schools and parks, portions of the Town Hall site and police shooting range, rear yards and built-out subdivisions, many open space sites, portions of Hedden Park, Aspen Corporate Park, the Westinghouse site on Sussex Turnpike, lawn areas at the garden apartments and commercial shopping centers, Sun High Orchard, and cemeteries.

The Manager commended the council on several zoning changes they have undertaken that would have otherwise placed those areas as ripe for COAH development, such as the Skylands, Nitti Mountain, Heritage 55, and the Grecco property. He believes areas of liability to the township include the south side of the Route 10 corridor as well as Randolph Mountain. Although he views the COAH map as only five or ten percent viable, it is what COAH uses to formulate their analysis in locating housing numbers for municipalities and this map could have a very real impact for Randolph.

Township Attorney Buzak and Planner Robert Michaels provided the Council with a presentation on COAH issues, touching on the following topics:

Summary of the COAH obligation concept that has been established, first on a state-wide basis, then a local basis
Components of the COAH obligation, including rehabilitation, prior round obligation, and growth share
Prior round obligation is from 1987 through 1999
Growth share obligation is from 1999 through 2018
The first rehabilitation share was essentially based upon the 2000 census data and determined that there were 52,000 substandard units within New Jersey, and 15,500 of those belonged to Region 2, which includes Randolph
COAH imposed their prior round obligation numbers to the third round to the municipalities
The Growth Share component is based upon the number of COs issued within a municipality from 2004 to 2018, where one of every five residential units constructed should be an affordable unit and one unit of affordable housing created for every sixteen jobs created by non-residential development
Summarized how COAH established those numbers using the New Jersey Labor and Work Force Development data
The concept of filtering, where market housing units lose value and become available to low and moderate income families, and how filtering reduced the initial COAH number for building affordable housing units
The court’s question on whether or not filtering exists in New Jersey and the subsequent raising of the number of affordable units that have to be constructed
When all the adjustments had been made, the number of affordable housing units needed in New Jersey through 2018 was determined to be 115,000, which happens to coincide with the number Governor Corzine had set
Triggering factors, which include population growth and employment growth
Population growth will account for 60 percent of the affordable housing built, and employment growth will account for 40 percent of affordable housing built
Low income families are defined as those making less than 50 percent of the median income in the region
Moderate income families are defined as those making between 50 percent and 80 percent of the median income of the region
A comparison of the 2004 regulations that were adopted and invalidated, the 2008 regulations, and how they relate to Randolph
In 2004, Randolph had a rehabilitation share of zero; 2008 regulations show 34 units
In 2004, Randolph had 158 units under prior round obligation; 2008 regulations show 261 units
In 2004, Randolph had a credit of 224 units of affordable housing; 2008 the credit drops to 124 units
In 2004, the ratio was one affordable unit for every eight units of market housing; it has now been reduced to one affordable unit for every five units, which doubles the number of affordable units that have to be built
Based on projected residential and non-residential growth and the new ratio in place at COAH, Randolph, instead of having a surplus of affordable housing, now must produce 341 units of affordable housing
Under COAH regulations, in order to obtain substantive certification, a town must provide a plan which includes rezoning of tracts to produce the units of affordable housing and then implement that plan
Under the 2008 plan, Randolph is in a deficit situation and must therefore rezone properties, which will ultimately produce the growth that COAH projected
Of the growth share obligation, a minimum of 25 percent must be rental units; if you have more than 25 percent, COAH will give a bonus of two credits for every one unit of rental housing beyond the 25 percent obligation
COAH will give you a credit of two units for every one unit of very low income housing
There is a maximum of 25 percent affordable housing being age-restricted
The Regional Contribution Agreement, a voluntary agreement whereby a municipality has the ability to transfer a portion of its obligation to a receiving municipality, has remained at 50 percent, however there is proposed legislation to eliminate RCAs completely
New regulations allow a developer to build one additional unit for every low or moderate income unit in an inclusionary development and associated impacts
The figure established by COAH for payment in lieu of construction by developers and how that impacts Randolph
An increase in the amount a municipality must pay per unit for RCAs
An increase in developers’ fees for residential and non-residential development
A proposed regulation to spend the money in your developer trust fund within a four year period or risk losing it
If these proposed regulations are adopted on June 2, Randolph will have to submit a revised application for substantive certification addressing the remaining obligation by November 14.

Mr. Buzak stated the council needs to begin considering the following:

Whether or not Randolph should continue the participate in the COAH program
If Randolph does not participate, council must establish criteria for affordable housing and run the risk of litigation and higher density development

Mr. Michaels suggested preparing a vacant land analysis of Randolph to show the number of units suggested by COAH can not be accommodated. However, COAH does not recognize current zoning when looking at vacant land.

Questions and concerns from the council included:

If Randolph doesn’t provide a vacant land analysis, are we stuck with the COAH numbers? (The analysis would be part of the housing plan that has to be done by November 14.)
Would submission of the housing plan mean we’re complying with COAH’s numbers? (Yes, with a caveat.)
Regarding the incentives to builders who can then appeal, where does that go? (Mr. Buzak will research that, however it is administrative.)
Councilman Algeier asked for a comprehensive list of the benefits and detractions of going with COAH
Mayor Napoliello stated that Clinton Township announced through the Morris County League of Municipalities that they plan to sue COAH
Mr. Buzak, as Chairman of the League of Municipalities’ Committee on Affordable Housing, is developing a response to the COAH regulations and it is likely that the League will be soliciting support from the municipalities challenging the regulations
If a map showing real buildable open space in Randolph, regardless of zoning, were ten percent of what COAH maps show, would that reduce the number from 465 to 46.5? (Theoretically, yes.)
If other towns were to provide the court with maps showing similar errors to the one provided by COAH for Randolph, would that be proof that COAH acted arbitrarily and with gross incompetence? (Good point.)
COAH’s job projections for the entire state and those attributable to Randolph were based on what? If these jobs aren’t created but we join with COAH, are we still responsible to build the units? (Yes, and you have to produce a plan that results in the number of jobs, i.e., rezoning for non-residential purposes.)
What if we make an application to COAH based on ten percent of their number, and COAH rejects that application. Could Randolph withdraw the application at that point? (Yes, because it is a voluntary program. However there is case law that says once you go down that road, you shouldn’t be able to withdraw at the last minute, so the question becomes how far along in the process you go.)
Why would it be difficult to prepare a vacant land study? (COAH calls for a pure parcel analysis, parcel by parcel. While there are some lands in town that are developable that may not be zoned residential, COAH may say that you can achieve your numbers by increasing the density on development on those properties. Randolph has to justify why they are removing properties like the county college and steep slopes and show what is left that is potentially developable.)
Are the numbers then calculated on what’s left? (No, we just have to show we can’t accommodate the numbers they say we have.)
Councilman Algeier stated that providing affordable housing is the right thing to do, a social obligation; however, it shouldn’t be dictated in a communistic fashion. He will still support affordable housing initiatives if Randolph were to not go with COAH. COAH’s numbers don’t take into account the impact on traffic, schools, sewers, or water.
Councilman Alpert stated that the infrastructure can’t support the COAH numbers. Trenton should not be dictating the identity and fabric of a community.
Concerning a risk analysis of becoming involved with COAH, the Manager will begin compiling one. The Manager noted that, since the beginning of Mt. Laurel housing in 1975, for the first time he is taking the attitude that there is just no way to accommodate the numbers. Randolph is not alone in their concerns. Not going with COAH creates risk of litigation.
Mr. Buzak stated that if a town claims to not have the infrastructure to support COAH numbers, a town must provide a plan for generating that infrastructure.

OPEN TO PUBLIC

Questions from the public included:

What if the county college were to build dormitories? Would that satisfy COAH housing requirements? (COAH would not count dormitories as affordable housing. They want housing that is available to families, which is why they put a limit on senior housing.)
How did COAH arrive at the data shown on the map since they haven’t looked at the actual topography or geography? (The council agrees with that statement.)
If a builder decides he doesn’t want to build the affordable housing unit, does he give the town the property to build on? (No. Just the money if you allow him to do that.)
Is this a politically motivated? (The underpinning of Mt. Laurel is a constitutional obligation.)

RECESS

PROCLAMATION—National Infant Immunization Week

WHEREAS, vaccines are among the 20th century’s most successful and cost-effective public health tools available for preventing disease and death; and

WHEREAS, state and national immunization coverage levels are at or near record highs for most vaccines and most vaccine-preventable diseases have been reduced by 99 percent or more since the introduction of vaccines; and

WHEREAS, children need a series of vaccinations, starting at birth, to be fully protected against 14 potentially serious diseases; and

WHEREAS, immunizations are one of the most important ways parents can protect their children against serious diseases; and

WHEREAS, National Infant Immunization Week (NIIW) focuses local, state, and national attention on the importance of proper immunization for infants and toddlers 24 months and under; and

WHEREAS, in the twelve years since its inception, National Infant Immunization Week (NIIW) has served as a call to parents, caregivers, and healthcare providers to participate in activities and recognition events to increase the awareness of immunizing children before their second birthday; and

WHEREAS, the week of April 19-26, 2008, has been declared National Infant Immunization Week to help promote that children have all their vaccinations by the age of two.

NOW, THEREFORE, BE IT RESOLVED that I, Mayor Allen M. Napoliello, of Randolph Township, Morris County, do hereby proclaim the week of April 19-26, 2008, as Infant Immunization Awareness Week in Randolph Township, New Jersey, and encourage businesses, government agencies, community-based organizations, and service groups to spread the immunization message throughout the community. I also encourage public and private health care providers, parents, and children’s caregivers in Randolph Township, Morris County, to advance the health of children by ensuring early and on-time immunization against vaccine preventable childhood diseases.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested the penalties for violating local ordinances be much higher than what is being proposed in a discussion item on the agenda.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier attended the luncheon for the Morris County Cooperative Pricing Council, for which Randolph is the lead agency. During the luncheon, the Councilman stressed the importance of shared services and shared purchases. The Councilman addressed an issue regarding concerns with artificial turf fields. After doing some research, he found that the concerns were with nylon fibers used in some older artificial turf fields. The turf field purchased by Randolph is totally safe.

Councilman Obremski noted that Sgt. Yarzab and Joann Veech, the Chairwoman of the Traffic Advisory Committee, will be receiving awards from the New Jersey State Division of Highway Traffic Safety for their efforts in the “Alive at 25” teen driving program at the high school.

Councilman Alpert attended the open space tour, which was very informative and well run.

Mayor Napoliello will be attending a presentation at the County College of Morris on April 18 from a member of NASA. Coincidentally, the President of CCM is asking Randolph to contribute towards the refurbishment of the planetarium. The Mayor informed him that Randolph could probably not provide money this year, however he suggested contacting several of the service organizations. The Mayor has also agreed to be a part of a committee made up of various mayors and freeholders to see about other ways to raise the money.

Manager Lovell provided budget data to the council and asked that they study it before discussion next week. The Manager reported that retired Lt. Pisano was involved in an accident on Route 80 and is in critical condition.

COMBINED ACTION RESOLUTIONS

Deputy Mayor Metz made a motion to approve the Combined Action items. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

A. Authorizing the Award of Contract for Professional Surveying Services To Jaman Engineering—Not to Exceed $40,000.00

R-136-08

WHEREAS, the Township of Randolph has a need to acquire Jaman Engineering Associates 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 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, Jaman Engineering Associates has indicated they will provide the Professional Surveying Services for an amount not to exceed $40,000.00; and

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering Associates has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Jaman Engineering Associates from making any reportable contributions through the term of the contract; 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 Jaman Engineering Associates as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 17, 2008

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 will be available in Ordinance #23-00 to award a contract to Jaman Engineering Associates for professional survey services for open space in the amount not to exceed $40,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

B. Authorizing the Award of a Contract for Professional Appraisal Services in Defense of Tax Appeals to Appraisal Consultants Corp.—Not to Exceed $28,000.00

R-137-08

WHEREAS, the Township of Randolph has a need to acquire Appraisal Consultants Corp., Livingston, New Jersey, 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 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, Appraisal Consultants Corp. has indicated they will provide the professional appraisal services for an amount not to exceed $28,000.00; and

WHEREAS, Appraisal Consultants Corp. has completed and submitted a Business Entity Disclosure Certification which certifies that Appraisal Consultants Corp. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Appraisal Consultants Corp. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 17, 2008

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 will be available in the 2008 Budget, Tax Assessing, Other Expense, to award a contract to Appraisal Consultants Corp. for professional appraisal services in defense of tax appeals in the amount not to exceed $28,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing an Award of Contract for Industrial and Commercial Equipment and Supplies to Denville Hardware and Paint

R-138-08

WHEREAS, the Township of Randolph wishes to award a contract for Industrial and Commercial Equipment and Supplies for a period of one (1) year from April 1, 2008 - March 31, 2009; and

WHEREAS, sixteen (16) bid packets were mailed and six (6) bids were received; and

WHEREAS, Denville Hardware and Paint, 20 First Avenue, Denville, New Jersey, had the most diverse catalog with the lowest pricing and highest discount.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Denville Hardware and Paint, Denville, New Jersey, for Industrial and Commercial Equipment and Supplies from April 1, 2008 - March 31, 2009 at a price of ten percent (10%) off the 2008 Do It Best Commercial Supply Catalog.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 17, 2008

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 will be available in the 2008 Budget to award a contract to Denville Hardware and Paint for industrial and commercial equipment and supplies as per contract on file in the Township Manager’s office.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Raffles

(1) Casino Night, Randolph Engine Company #5, October 4, 2008, 118 West Hanover Avenue, Randolph, NJ, From 7:30 p.m. to 10:30 p.m.

(2) On-Premise Tricky Tray, Greek Orthodox Community Center of Randolph, May 9, 2008, at St. Andrew Hall, 1447 Sussex Turnpike, Randolph, NJ, From 6:30 p.m. to 10:30 p.m.

DISCUSSION

(1) Engineering Division Transition

Manager Lovell reported that with the retirement of Carl Bressan last year and the resignation of Steve Bury, the Engineering Department will undergo another transition. He has contacted several engineering firms and is conducting interviews in an effort to obtain consulting services on a part time basis for the township. He will continue with the interview process and report to the Council.

(2) Penalties for Violating Local Ordinances

Manager Lovell asked the Council for direction in preparing an ordinance that would increase the maximum fines for violating local ordinances from $1,000.00 to $2,000.00 in line with an increase in state statutes.

Council gave direction to prepare an ordinance to increase the maximum penalty.

OPEN TO PUBLIC

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

COUNCIL COMMENTS

Councilman Algeier cited an April 8 letter from the Landmarks Committee pertaining to the proposed Grecco shopping center and suggesting there should be no sidewalks or curbs on Quaker Church Road in an effort to maintain the historic ambiance. The Councilman Algeier believes sidewalks would address a safety issue in the area and should override the historic ambiance issue.

EXECUTIVE

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 9:50 p.m.

Donna Marie Luciani
Township Clerk