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

Minutes: December 4, 2008

A regular meeting of the Randolph Township Council was called to order at 7:30 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 (arrived 8:10 p.m.)
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

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

Mayor Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES

(1) Regular Meeting—October 30, 2008

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

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

NAYS: None

ABSTAIN: Councilwoman Price

ABSENT: Councilwoman Mitsch

(2) Regular Meeting—November 13, 2008

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

(3) Executive Minutes—October 30, 2008

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

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

NAYS: None

ABSTAIN: Councilwoman Price

ABSENT: Councilwoman Mitsch

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested an ordinance be drafted banning the disposal of coffee grounds in the garbage and establishing a place to collect them at the Recycling Center.

That they’re there because they’re dark. Obviously, unless we have a composting facility, you won’t want filters, in the compost even the filters disintegrate. Especially since coffee grounds are wet, they weigh a lot, and we’re paying tipping fees based on weight. This is one of my ideas, and I present it to you for your diligence.

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

PRESENTATION—Health Officer Mark Caputo

Health Officer Mark Caputo introduced Joann Strunk-Walsh from Sanofi-Pasteur.

Ms. Strunk-Walsh recognized the Township nursing staff for their efforts and work within the community protecting the residents against various diseases through the immunization clinics offered in Randolph.

Mayor Napoliello agreed that the nurses do a wonderful job for the Township.

COUNCIL AND MANAGER REPORTS

Councilwoman Price added her congratulations to the Health Department for the outstanding work they do for the community. She reported that the Economic Development Committee is currently comparing the current sign ordinance with those of other towns and will report their findings to the Council. The Parade Committee is asking that the annual parade and fireworks display be held on Friday, July 3, instead of Saturday, July 4. The cost of both would be considerably less and there would be better availability of participants in the parade.

Councilman Obremski noted that the 4th Annual Safety Forum was held at Rutgers University and that Randolph was well represented. Joann Veech and Sgt. Yarzab presented copies of brochures featuring the teen driver safety program held in Randolph containing information on bringing the program to other interested municipalities. The Councilman stated that the Traffic Safety Advisory Committee continues to do great things and that it is a pleasure to serve as their council liaison.

Councilman Algeier asked if the two resolutions concerning Highlands and COAH could be removed from the consent agenda for individual discussion.

Mayor Napoliello noted that the Randolph Education Association announced the creation of the Judy Stewart Service Scholarship, a $1,500.00 award to be given annually to a graduating senior who is a child of an REA member. He offered his congratulations to Mrs. Stewart.

SWEARING IN—Police Officer Brian Brenckman

Manager Lovell provided background on Officer Brenckman.

Township Clerk Donna Luciani issued the Oath of Office to Officer Brenckman.

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. Litigation Settlement

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.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Obremski made a motion to move back into Public Session. Councilman Alpert 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 with the exception of Items G and H. Councilwoman Price 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

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Water Charges—Mike Berns—$354.73

R-387-08

WHEREAS, Mike Berns, 3 Harmony Lane, Mendham, was estimated for his water service for several quarters; and

WHEREAS, the Township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. Berns was overestimated for several quarters which resulted in an overpayment of $354.73; and

WHEREAS, Mr. Berns has requested a refund in the amount of $354.73.

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 $354.73 to Mr. Mike Berns, P.O. Box 96, Brookside, New Jersey 07869.

(2) Release Bonds for a Right-of-Way—Block 44, Lot 51, to RIC Associates—$14,051.71

R-388-08

WHEREAS, the Engineering Department has received a request from Chet Moscow for the release of a $252,912.78 performance bond, as well as a cash bond in the amount of $28,101.42 posted for the construction of a sanitary sewer at 961 Route 10 East, Block 44, Lot 51; and

WHEREAS, the applicant is required to post a maintenance guarantee in the amount of $28,101.42, which was received and deposited with the Finance Department on September 18, 2006; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the construction of a sanitary sewer within the Township right-of-way; and

WHEREAS, the applicant has submitted a maintenance bond in the amount of $14,051.71 to serve as fifty percent of the required maintenance guarantee; and

WHEREAS, the Engineering Department has inspected the sewer installation 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 Raffaele Carchia, Township Engineering Administrator, that the cash bond in the amount of $14,051.71 be refunded to R.I.C. Associates, 1140 Globe Avenue, Mountainside, NJ 07092.

(3) Release Escrow for Block 137, Lot 17, to Ben Horten Architecture & Design—$789.25

R-389-08

WHEREAS, the Planning and Zoning Department received escrow funds from Ben Horten Architecture & Design for Block 137, Lot 17, 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 $789.25 be refunded to Ben Horten Architecture & Design, 312 Route 10, Randolph, NJ 07869.

(4) Refund Overpayment of Taxes to Jon Flanders—$3,692.99

R-390-08

WHEREAS, Jon Flanders has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 199, Lot 46.15, known as 106 Mountainside Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $3,692.99; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,692.99 to Jon Flanders.

(5) Refund Overpayments to Various Property Owners

R-391-08

WHEREAS, the following listed property owners have overpaid their 2008 taxes by reason of duplicate tax payment or veteran/senior citizen deduction; and

WHEREAS, it is recommended by the Tax Collector that these overpayments be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the following overpayments:

(6) Release of Surcharge Fee for Guarantee of the Construction of Gas Service Within Township Right-of-Way to Donald Updike—$750.00

R-392-08

WHEREAS, the Engineering Department has received a request from Donald Updike for the release of a $750.00 surcharge fee; and

WHEREAS, the surcharge fee consisted of a $750.00 cash deposit, which was received and deposited with the Finance Department on September 18, 2008; and

WHEREAS, the applicant was required to post this surcharge fee to guarantee the construction of a gas service within the Township right-of-way; and

WHEREAS, the Engineering Department has found all construction work was performed behind the curb.

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 Raffaele Carchia, Engineering Administrator, that the surcharge fee in the amount of $750.00 be refunded to Donald Updike, 83 Ridge Road, Randolph, NJ 07869.

(7) Release of Surcharge Fee for Guarantee of the Construction of Gas Service Within Township Right-of-Way to Robert Forte—$750.00

R-393-08

WHEREAS, the Engineering Department has received a request from Robert Forte for the release of a $750.00 surcharge fee; and

WHEREAS, the surcharge fee consisted of a $750.00 cash deposit, which was received and deposited with the Finance Department on October 24, 2008; and

WHEREAS, the applicant was required to post this surcharge fee to guarantee the construction of a gas service within the Township right-of-way; and

WHEREAS, the Engineering Department has found all construction work was performed behind the curb.

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 Raffaele Carchia, Engineering Administrator, that the surcharge fee in the amount of $750.00 be refunded to Robert Forte, 48 Peace Road, Randolph, NJ 07869.

(8) 2008 Budget Amendment—State of New Jersey 2008 Body Armor Replacement Fund Program—$3,976.90

R-394-08

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 $3,976.90, 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—Body Armor Replacement Fund Program

SECTION II

BE IT FURTHER RESOLVED that a like sum of $3,976.90 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—Body Armor Replacement Fund Program

(9) Release Road Opening Cash Bond for 77 Everdale Road to Joe and Paula Scali—$500.00

R-395-08

WHEREAS, the Engineering Department has received a request from Joe and Paula Scali for the release of a $500.00 cash road opening bond posted for the installation of a sewer connection at 77 Everdale Road; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 15, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sewer 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 $500.00 be refunded to Joe and Paula Scali, 77 Everdale Road, Randolph, NJ 07869.

(10) Release Road Opening Cash Bond for 11 Morey Lane to Linda Olejar—$500.00

R-396-08

WHEREAS, the Engineering Department has received a request from Linda Olejar for the release of a $500.00 cash road opening bond posted for the installation of driveway pavers at 11 Morey Lane; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 17, 2008; 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 $500.00 be refunded to Linda Olejar, 11 Morey Lane, Randolph, NJ 07869.

(11) Cancellation of Outstanding Checks

R-397-08

WHEREAS, there are various checks issued in 2007 from the Township’s General Account and Payroll Account that are currently outstanding; and

WHEREAS, the Finance Department has sent letters to the various vendors with no response; and

WHEREAS, it is recommended by the Finance Director that the checks outstanding from the following accounts be cancelled:

General Account:
48326—Bethlehem Church $100.00
48327—Randolph H.S. Key Club $100.00
48365—Passaic County Police Academy $250.00

Payroll Account:
4818—Michael Cleffi $12.42

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 cancel the outstanding checks listed above.

B. Amend Professional Services Agreement—Paul Ferriero, Township Engineering Services

R-398-08

WHEREAS, the Township of Randolph has a need to amend the contract with Ferriero Engineering, Inc., which was awarded on May 19, 2008; 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, the fee for these services will remain $120.00 per hour and this amendment will not exceed $11,000.00; and

WHEREAS, the original contract was for $23,000.00 and Amendment #1 was $23,000.00, with this amendment of $11,000.00 bringing the total contract to $57,000.00; and

WHEREAS, Ferriero Engineering, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Ferriero Engineering, Inc., 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 Ferriero Engineering, Inc., 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 amend the contract with Ferriero Engineering, Inc., as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with the original resolution of May 29, 2008.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 4, 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 are available in 2008 Budget, Water and Sewer, Other Expense, to amend the contract with Ferriero Engineering, Inc. for Consulting Engineer to Provide Staff Support in the amount not to exceed $11,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Amendment for Professional Services Agreement Awarded to Richard DeAngelis

R-399-08

WHEREAS, the Township awarded a Professional Services Agreement to Richard P. DeAngelis, Jr., with Stryker, Tams, & Dill, LLP, on March 6, 2008; and

WHEREAS, Richard P. DeAngelis, Jr., has changed firms as of November 30, 2008, joining McKirdy & Riskin, P.A., Morristown, New Jersey; and

WHEREAS, the Township wishes to continue using Richard P. DeAngelis, Jr., and therefore is amending the agreement to McKirdy & Riskin, P.A.

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 amend the contract with Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tams, and Dill, LLP, as described herein.

D. 2008 Budget Transfers

R-400-08

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demand for the balance of the current year; vis:

Utilities—Telephone, Other Expense; Utilities—Fuel Oil, Other Expense; Revenue Administration, Other Expense; Economic Development, Other Expense; Building and Grounds, Other Expense; Engineering, Salary and Wages

WHEREAS, there appears to be a surplus in the following accounts over and above the demand to be necessary for the balance of the current year; viz:

Liability Insurance, Other Expense; Engineering, Other Expense; Planning, Salary and Wages

WHEREAS, in accordance with the provision of N.J.S.A. 40A:4-58, part of the surplus in the amount heretofore mentioned be and the same are hereby transferred to the accounts mentioned as being insufficient to meet the current demands.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Chief Financial Officer is hereby authorized and directed to make the following transfers:

E. Cancellation of 2008 Budget Appropriations

R-401-08

WHEREAS, the following Current Fund 2008 Budget Appropriation balances remain unexpended:

Water and Sewer, Other Expense (Arrowgate Generator) $75,000.00
Water and Sewer, Other Expense (Chap Hill Improvements) $17,000.00
Morris County MUA—Water Supply Services, Other Expense $80,000.00

WHEREAS, it is necessary to formally cancel said balances so that Surplus can be credited.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the above mentioned 2008 Budget Appropriations be canceled to Surplus.

F. 2008 Budget Amendment—New Jersey Highlands Council—Planning Assistance Grant—$15,000.00

R-402-08

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 $15,000.00, 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: New Jersey Highlands Council—Planning Assistance Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $15,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: New Jersey Highlands Council—Planning Assistance Grant

G. Notice of Intent to Petition the Highlands Council for Plan Conformance

R-403-08

Acted on separately.

H. Seeking an Extension of the Deadline to Petition for Substantive Certification—Executive Order 114 and the Memorandum of Understanding Between Highlands Council and COAH

R-404-08

Acted on separately.

I. Authorize CDBG Grant Review Representatives

R-405-08

WHEREAS, the Morris County CDRS oversees the distribution of the Community Development Block Grants; and

WHEREAS, the committee requires that the governing body appoint three individuals to sit on an advisory committee that oversees the distribution of available monies; and

WHEREAS, the representatives will include a representative appointed by the Mayor, a representative appointed by the Governing Body, and an alternate appointed by the Mayor.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the following individuals be appointed to serve on the Morris County CDRS:

Barbara Gothie—representative appointed by the Mayor
Gerald Giaimis—representative appointed by the Governing Body
John Van Brunt—alternate appointed by the Mayor

J. Raffles

a. Tricky Tray, Randolph PTA Council, March 6, 2009, 7:00 p.m. to 12:00 a.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

b. Off-Premise Merchandise Raffle, Randolph PTA Council, March 6, 2009, at the Meadow Wood Manor, 461 Route 10 East, Randolph

c. 50/50 Raffle, Ironia Elementary School PTA Winterfest, February 7, 2009, 10:00 a.m. to 3:45 p.m. at the Ironia Elementary School, 303 Dover Chester Road, Randolph (rain date is February 8, 2009)

d. Basket Raffle, Ironia Elementary School PTA Winterfest, February 7, 2009, 10:00 a.m. to 3:45 p.m. at the Ironia Elementary School, 303 Dover Chester Road, Randolph (rain date is February 8, 2009)

e. Basket Raffle, Ironia Elementary School PTA Winterfest, February 7, 2009, 10:00 a.m. to 3:45 p.m. at the Ironia Elementary School, 303 Dover Chester Road, Randolph (rain date is February 8, 2009)

f. Basket Raffle, Ironia Elementary School PTA Winterfest, February 7, 2009, 10:00 a.m. to 3:45 p.m. at the Ironia Elementary School, 303 Dover Chester Road, Randolph (rain date is February 8, 2009)

g. Basket Raffle, Ironia Elementary School PTA Winterfest, February 7, 2009, 10:00 a.m. to 3:45 p.m. at the Ironia Elementary School, 303 Dover Chester Road, Randolph (rain date is February 8, 2009)

Manager Lovell stated that Items G and H are companion resolutions. Randolph is facing a COAH obligation of more than 300 low and moderate income units to be built by 2014. That obligation necessitates that Randolph either file a housing plan that shows how we will conform with that order or to seek an extension. The only way to seek an extension to December 8, 2009, is to file and undertake an conformance analysis and study with COAH with the concept of potentially opting in.

The Manager further explained that the Highlands currently has substantial control extending over 88 communities in New Jersey. The Highlands identifies within the communities either preservation areas, which will be vigorously limited for future development, or planning areas. Currently Randolph has approximately ten percent in the preservation area and the remaining land is in the planning area. While land within preservation areas must conform to the Highlands, municipalities have the choice of opting their planning areas in to the Highlands. The resolution concerning the Highlands tonight would enable Randolph to move forward over the course of the next year to go through a conformance study and analysis.

The Manager advised the Council that sometime during the course of the next year, they will have to make a determination whether or not to opt in to the Highlands plan. During that time, the Highlands will be providing standards and methodology for undertaking the analysis. Highlands will also require that, at the end of the process, Randolph submit to COAH a housing plan based upon the land use capacity of the community.

The Manager believes that providing a housing plan at this point in time to COAH is not in the best interest of Randolph Township. The potential impact would be tremendous because 300 plus units of affordable housing would actually mean thousands of housing units would be built. That amount of new housing would require the construction of new schools, the hiring additional police officers, the hiring additional teachers, and many other items in the infrastructure. It would have a tremendous negative impact on local taxes. However, it is unclear at this point what the impact will be of conforming and opting in to the Highlands plan. One benefit of the proposed resolution is that it provides time to obtain the information necessary to make an educated decision.

The Manager summed up the two resolutions as one will extend the time period to file a housing plan with COAH until December 8, 2009, and the other will notify the Highlands, as well as COAH, that Randolph is undertaking a conformance study and will work with the Highlands to examine our land use capacity and their standards for development with the Highlands.

Mr. Buzak cautioned the Council to keep the following in mind:

• When making the final decision of whether or not to opt in to the Highlands Regional Master Plan, he suggests the decision not be driven by COAH. Although COAH is an important aspect of land development in the community, it is not the only aspect.
• He recommends the Council look to maximize their options. There is currently a tremendous amount of flux in both the COAH regulations and the Highlands application of the Regional Master Plan and how they will fit together. Adoption of the two proposed resolutions would maximize Council’s options. The extra time will allow for more information to be disseminated and this will allow the Council to be able to make a more educated and informed decision about opting in or not.

Mr. Buzak recognized that there is concern about language in the COAH resolution, specifically the word “intend” when talking about filing for substantive certification. There is concern that if the resolution is adopted and Council later decides not to opt the planning area in to the Highlands Regional Master Plan, COAH would still require that a petition for substantive certification be filed. Mr. Buzak stressed that he felt this was a remote possibility. However, because the COAH process is voluntary, he believes that COAH would not prevail if they attempt to compel a municipality to file a housing plan by December 8, 2009.

Councilwoman Mitsch asked if Randolph opts in temporarily to the Highlands through this resolution, where we stand in terms of development in the interim.

Mr. Buzak responded that by adopting the resolution of intent to file a COAH plan by December 8, 2009, Randolph will remain under COAH’s jurisdiction, which will continue the scarce resource order freezing all new development in the municipality until substantive certification is achieved. He noted that there is the option of adopting only the Highlands resolution and not the COAH resolution. Not adopting the COAH resolution would mean that as of January 1, 2009, Randolph would not be under COAH’s jurisdiction, the scarce resource order would no longer apply and the freeze on development would go away. However, Randolph would also lose COAH’s protection and be subject to builders’ remedy lawsuits. Initially the scarce resource order was interpreted very broadly in such a way that it would effectively stop any development within a municipality. However, it now appears that COAH is not interpreting that scarce resource order as broadly as it could be read.

Manager Lovell stated that his first impression of the scarce resource order was that it would be very strict and development in Randolph would be virtually stopped. However, it appears that now the order is being refined. As such, it is unclear at this point what the impact of the scarce resource order will have on projects currently in development in the township. The Manager agrees with Mr. Buzak that issues relating to COAH and Highlands are still evolving in Trenton and that there is the possibility of bipartisan legislative action to be taken regarding COAH in an effort to fix apparent problems.

Councilman Algeier stated that it is his view that both resolutions should be adopted. At this point he is not a proponent of bringing Highlands to Randolph and believes that once Council has studied the issue, they may find many negative aspects of joining Highlands. He suggested inviting representatives from municipalities who have opted in to the Highlands to Randolph to provide commentary on their experiences. The Councilman agrees with the Township Attorney that Randolph’s options need to be maximized. Councilman Algeier noted that if the COAH resolution is not adopted, COAH will seize the $1.5 million currently in the developers’ trust fund because Randolph would no longer be under COAH’s jurisdiction as of January 1, 2009. He noted that this money is currently proposed to assist two projects currently underway that are earmarked for less fortunate citizens.

Mr. Buzak agreed with Councilman Algeier’s assessment that COAH would move to seize the $1.5 million from the developers’ trust fund if Randolph were no longer under COAH jurisdiction. He has already seen evidence of this in other municipalities.

Various Council members expressed an opinion that Randolph has no choice but to adopt the two proposed resolutions at this time and will wait to see what information the coming year brings on these two issues.

Councilman Algeier made a motion that the two resolutions be adopted. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

G. Notice of Intent to Petition Highlands Council for Plan Conformance

R-403-08

WHEREAS, the Highlands Water Protection and Planning Act (“Highlands Act”), N.J.S.A. 13:20-1 et seq., finds and declares that protection of the New Jersey Highlands is an issue of state level importance because of its vital link to the future of the state’s drinking water supplies and other key natural resources; and

WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (“Highlands Council”) to prepare and adopt a Regional Master Plan for the Highlands Region and requiring that within nine to fifteen months after September 8, 2008, each county and municipality located wholly or partially in the Preservation Area must submit a Petition for Plan Conformance (“Petition”) to the Highlands Council for that portion of its jurisdiction lying within the Preservation Area; and

WHEREAS, the Highlands Act specifies that conformance with the Regional Master Plan (“Plan Conformance”) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and

WHEREAS, the Highlands Council’s Plan Conformance Guidelines require that for jurisdictions with any lands in the Preservation Area, a Notice of Intent to conform to the Regional Master Plan must be submitted to the Highlands Council as soon as practicable, but not later than February 1, 2009, and that for any lands in the Planning Area, a Notice of Intent may be submitted at any time; and

WHEREAS, the Township of Randolph lies within the Highlands Region as defined by the Highlands Act; and

WHEREAS, the Township of Randolph recognizes the statutory obligation of the Township of Randolph to conform to the Regional Master Plan.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township of Randolph hereby provides the Highlands Council with this Notice of Intent to petition the Highlands Council for Plan Conformance for all lands lying within the Preservation Area.

BE IT FURTHER RESOLVED that this Notice of Intent additionally specifies the Township of Randolph’s non-binding intent to include all lands lying within the Planning Area in the petition. In accordance with the Highlands Council’s Plan Conformance Guidelines, this Notice of Intent is not binding with respect to lands within the Planning Area.

BE IT FURTHER RESOLVED that this Notice of Intent provides notice to the Highlands Council that the Township of Randolph has set December 8, 2009, as the target date for submission of a Petition for Plan Conformance.

H. Seeking an Extension of the Deadline to Petition for Substantive Certification

R-404-08

WHEREAS, on September 5, 2008, Governor Corzine signed Executive Order 114 which requires the Council on Affordable Housing (COAH) and the New Jersey Highlands Council (Highlands) to enter into a Memorandum of Understanding (MOU) designed to coordinate the regulations of both agencies by maximizing affordable housing opportunities while preserving critical environmental resources; and

WHEREAS, COAH and the Highlands have prepared such an MOU, which was adopted by COAH on October 29, 2008, and by the Highlands Council on October 30, 2008; and

WHEREAS, conformance with the Highlands Regional Master Plan (Plan Conformance) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and

WHEREAS, COAH regulations established a December 31, 2008, deadline for municipalities currently under the jurisdiction of COAH to submit third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU establishes a procedure that municipalities under the jurisdiction of both COAH and the New Jersey Highlands Water Protection and Planning Act may follow to seek an extension to the December 31, 2008, deadline set by COAH for the submission of third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU provides for an extension of the December 31, 2008, deadline to December 8, 2009, for any Highlands municipality under COAH’s jurisdiction that, before December 31, 2008: 1) submits a duly adopted Notice of Intent to Petition in accordance with the Highlands Council’s Plan Conformance Guidelines; and 2) submits a duly adopted resolution notifying COAH of its intent to petition COAH no later than December 8, 2009; and

WHEREAS, on December 5, 2008, the Governing Body of the Township of Randolph adopted a resolution notifying the Highlands that the Township of Randolph has set December 8, 2009, as the target date for submission of a Petition for Plan Conformance.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph hereby agrees that its deadline for the submission of a Housing Element and Fair Share Plan pursuant to N.J.A.C. 5:96-16 is extended from December 31, 2008, to December 8, 2009.

BE IT FURTHER RESOLVED that the Governing Body of the Township of Randolph hereby directs its Township Clerk to immediately transmit a signed and sealed copy of this resolution to COAH.

BE IT FURTHER RESOLVED that the Governing Body of the Township of Randolph hereby directs its Township Clerk to immediately transmit a signed and sealed copy of the December 5, 2008, duly adopted Notice of Intent to Petition in accordance with the Highlands Council’s Plan Conformance Guidelines to COAH.

BE IT FURTHER RESOLVED that the Governing Body of the Township of Randolph intends to submit a petition for substantive certification of a third round Housing Element and Fair Share Plan to COAH not later than December 8, 2009.

DISCUSSION ITEMS

(1) Set 2009 Meeting Calendar

Manager Lovell and Township Clerk Donna Luciani prepared and presented the proposed calendar for 2009 Council Meetings. They consulted religious calendars and local advisors, as well as the Randolph Board of Education, when compiling the dates. He asked Council to check their calendars for conflict in order to adopt the resolution on January 1, 2009. It is likely more meetings will be added after September to allow for more discussion on COAH and Highlands, possibly in conjunction with members of the Planning Board. Additional budget sessions may be scheduled for the spring as well.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier reported that he has been doing quite a bit of research on both COAH and Highlands issues. His comments included the following:

• Regarding the impression that COAH obligations will be reduced if a municipality opts in to the Highlands plan, he has heard of a municipality considering opting in and having had calculations showing an approximate ten percent decrease of COAH obligations.
• However, he cautioned the Council to be wary of that number since he has not heard of any concrete criteria that determines the reduced number of units.
• A question was posed to a COAH representative that if COAH housing is built, and by building those required units it would require the construction of an additional school, which would in turn require the hiring of additional teachers and administrators, would those additional jobs count toward a possibly higher COAH obligation. The answer was yes. Therefore, additional low and moderate income housing would be required on top of what is already required.
• The Councilman asked Mr. Buzak and Manager Lovell if jobs move out of a municipality, does the COAH obligation decrease. Mr. Lovell responded that he has asked that same question in the past and he has the distinct impression that obligations would not decrease.
• Tax appeals are going to become a very important aspect because vacant land within the Highlands that will be restricted will lose value.
• Tax relief due to the potential tax appeals only applies to the municipal portion. Neither board of education or county taxes would apply for relief. Therefore, only approximately 15 percent of every tax dollar would apply. He further noted that when the township pays out a tax appeal, all of the money comes from the township and no money comes from the Board of Education or the County.
• Further, when a tax appeal is finalized, the property is down-assessed for years, however tax relief is not.
• As mentioned previously, the nitrate model being used by the Highlands is a different model than the one established by the DEP, therefore two arms of the state government are using totally different standards which govern the building of homes and the use of septics in our communities.
• He has heard from Robert Michaels that the Highlands is adding another round of requirements for municipalities to go through for acceptance into the Highlands plan.
• At the recent League of Municipalities Convention, many town officials were advising COAH officials that their towns were already built out. The Councilman heard from a very credible source that a COAH official, when confronted with this argument, replied that he can put up a 15-story high rise on one acre of land.

Councilman Alpert stated his frustration that these COAH dictates are coming from Trenton that will have huge negative impacts on communities in New Jersey simply because Governor Corzine has determined that 115,000 low and moderate income units must be built. He believes the complexion of suburban communities around the state will be destroyed based on those dictates. Further, referring to joining COAH as voluntary is insulting because there are penalties for not joining COAH. The Councilman expressed grave concern that a high-rise building for low income housing in Randolph would be catastrophic.

Mayor Napoliello agrees that he is not happy with COAH and Highlands and notes that the decisions the Council faces regarding these two issues will be very difficult. He believes it is vital for residents throughout the state to be educated on the impacts COAH regulations will have on them personally and on their communities. The Christmas Tree lighting at the Senior Center will take place on Saturday, December 6, at 7:00 p.m. The Mayor has invited members of the Randolph High School Girls’ Varsity Soccer Team to the December 18 Council Meeting to be honored that evening. Mayor Napoliello responded to Mrs. Stewart’s request for an ordinance banning smoking in the parks. After speaking with many individuals on this issue, he has come to the conclusion that such an ordinance would be impractical due to enforcement problems. He read a letter written by the Parks Committee several years ago pertaining to a similar request from a resident which noted that enforcement of such an ordinance would not be possible.

Mayor Napoliello asked Council members if there was any desire to send this issue back to the Parks Committee.

Manager Lovell responded that he lives near a park and enjoys the time he spends in the parks. He has found that most spectators are courteous individuals, however there are some who break the rules. It is impractical to have police officers at every game in every park, and it would not be his wish to have park personnel or any other individual attempt to enforce rules in the event the situation escalated to a heightened confrontation. While he personally would like to stop smoking, he believes it would be impossible to enforce and it would therefore be a mistake to put such an ordinance in place. He suggested that perhaps more programs educating the public about smoking near non-smokers would be appropriate.

Judith Stewart, 114 Everdale Road, commented that state law has prohibited all smoking on school grounds and it has been enforced. She doesn’t see a problem with enforcing a similar ban in the parks. If a police officer were not available, perhaps a staff member or even private citizen could at least take the offender’s name and report it to the authorities. She asked the Council still consider such an ordinance.

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:

1. Litigation Settlement

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.

Councilman Alpert made a motion to move into Executive Session. Deputy Mayor Metz 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

Councilman Alpert made a motion to move into Executive Session. Councilman Obremski 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

ADJOURNMENT

The Mayor adjourned the meeting at 10:00 p.m.

_________________________________
Donna Marie Luciani
Township Clerk