All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: November 13, 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 emailed to the Randolph Reporter on September 30, 2008, and was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on October 9, 2008.
PRESENT:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price (via telephone)
Deputy Mayor Metz
Mayor Napoliello
Also Present: Township Manager John Lovell and Township Attorney Edward Buzak
Mayor Napoliello led the Pledge of Allegiance.
ANNUAL POLICE AWARDS CEREMONY
Manager Lovell introduced Police Chief Dean Kazaba to present the police awards. Chief Kazaba is Randolph’s longest serving municipal employee, having been with the Township for 34 years, and is scheduled to retire February 1, 2009. The Manager thanked Chief Kazaba for his years of service to Randolph.
Chief Kazaba presented the following awards:
Life Saving Award:
At 11:30 a.m. on March 22, 2008, a 911 call was received from the YMCA indicating a man was having a heart attack. Officer Richard Biase arrived on the scene in less than five minutes and advised that CPR was in progress. The CPR was initiated by Harold Katchen, a 20 year member of the Randolph Rescue Squad, and Craig Hutchison, an employee of the YMCA, who is certified in CPR.
Officer Biase immediately attached the defibrillator to the victim. Officer McGaughran immediately began to assist with the CPR by doing chest compressions. Officer Caufield assisted upon his arrival. The victim was shocked three times during the course of the CPR the rescuers were providing. After the third shock, the victim had a detectable pulse and was breathing. The victim was treated in the field by paramedics and transported by the Randolph Rescue Squad. He was admitted to the hospital and successfully underwent surgery to implant a pacemaker.
The successful outcome was started with the quick actions of Harold Katchen and Craig Hutchison, whose timely initiation of CPR made it possible for the responding officers to introduce the AED into the rescue and bring the victim’s heartbeat back.
For their call to duty and quick actions, the 2008 Awards Committee presents Officers Richard Biase, Brian McGaughran, Neil Caufield, EMT Harold Kutchen, and YMCA employee Craig Hutchison the Department’s Life Saving Award.
This is Officer Biase’s second Life Saving Award and Officer Caufield’s third Life Saving Award.
Congratulations.
Chief’s Achievement Award:
Chief Kazaba awarded the Chief’s Award to Lt. Donald Smith for his work in the development and implementation of the current police awards program. This program promotes good morale and places the department in a positive light in the community.
Chief’s Achievement Award:
Detective Sergeant David Stokoe has been directly responsible for the implementation of advanced technologies that have put the Randolph Police Department in the forefront of law enforcement.
* In June of 2007, the department began to use the B.E.A.S.T. evidence management system. Det. Sgt. Stokoe was directly responsible for researching this system which uses a bar coding system to track evidence. The system is also fully integrated with the New Jersey State Police Forensics Lab as well as the Morris County Crime Lab. This computer based evidence tracking system made the formerly man-hour intensive job of property management much more efficient.
* In July of 2007, Randolph Township Police became the first municipal police agency in the county to use digital photography for crime scene evidence collection. Det. Sgt. Stokoe again took the lead in researching digital cameras and presented a proposal for the purchase of the equipment.
* In September of 2008, this department began to take fingerprints digitally using the Crossmatch 1000P Finger and Palm Print Scanner. This system is again directly interfaced with the New Jersey State Police and, as such, allows access to the Automatic Fingerprint Identification System, or AFIS. Det. Sgt. Stokoe was again directly responsible for the research of this system and once again Randolph Police Department, through Dave’s efforts, was one of the first municipal police departments in the state to go online with digital fingerprinting.
In recognition of Det. Sgt. Stokoe’s aggressive pursuit of technology and his drive to make Randolph Police a leader in law enforcement services, I gladly present Det. Sgt. Stokoe with the Chief’s Achievement Award.
Congratulations.
Honorable Service Award:
On February 15, 2008, at 12:21 a.m., Officer Brian McGaughran observed a male waiving his arms and acting suspiciously on South Salem Street near the Shell Gas Station. After initially engaging the subject in conversation, Officer McGaughran advised the suspect that for the safety of both he and the suspect, he was going to pat him down. The suspect then stated he had a BB gun in his waistband. The suspect was arrested and the weapon seized. Upon closer inspection, the weapon was found to be a CO2 powered BB pistol. The suspect had used a black marker to blacken out the orange safety tip placed on the gun by the manufacturer, making it appear to be a true handgun.
Officer McGaughran’s attention to officer safety and his tactical awareness took a weapon off the street that could have been easily used to commit a crime.
For his tactically aware actions, the 2008 Awards Committee presents Officer Brian McGaughran the Department’s Honorable Service Award.
This is Officer McGaughran’s second Honorable Service Award.
Congratulations.
Honorable Service Award:
In the early morning of March 17, 2008, a call was received regarding an assault and attempted robbery of a Chinese food delivery man who was making a delivery in the Quaker Village Apartment complex. As the delivery man approached an apartment, he was approached from the rear by two male actors. The victim was knocked to the ground and physically assaulted as the actors demanded his money. This assault lasted several minutes and the attackers fled without obtaining the victim’s money.
Detective John Fichter was the on-call detective the night of the incident. After interviewing the victim at the hospital, Detective Fichter had only one lead in the case, a prepaid cell phone number that was used to place the order. In most instances, the lack of evidence would have ended the investigation and left this as a “cold case.”
Detective Fichter extensively reviewed the phone call logs for the cell phone number used to place the order. The review revealed that the phone number in question had contacted a business establishment in Dover. Detective Fichter obtained a court subpoena for the business. The phone number was in fact known to the business to belong to a female. Further investigation led Detective Fichter to identify the female as one of the actors involved in this case.
Detective Fichter, with the assistance of Detective Harzula, continued to vigorously work the case over the next several months by following up on every bit of information. They were able to identify all six persons who were involved in this crime.
Detective Fichter’s willingness to leave no stone unturned, combined with his dedication to the profession and to this Department, is without a doubt the sole reason this case ended in a successful outcome with the arrest of four actors and arrest warrants being issued for the remaining two.
For their call to duty and commitment to this investigation, the 2008 Awards Committee presents Detective John Fichter and Detective William Harzula the Department’s Honorable Service Award.
This is the second Honorable Service Award for both Detective Fichter and Detective Harzula.
Congratulations.
Honorable Service Award:
On September 27, 2008, Officer James Cacciabeve responded to Marty’s Reliable Cycle Shop on Route 10 on a theft of a bicycle. The bicycle that was stolen was valued at $7,699.00. The manager of the store contacted Officer Cacciabeve later that day and advised him that the same bicycle as the one that was stolen was being offered for sale on E-Bay as a “Buy It Now” item for $6,500.00. Officer Cacciabeve advised the Morris County Prosecutor’s Office of the case and made contact with the seller on E-Bay. Officer Cacciabeve was able to develop suspect information based on the E-Bay listing. The seller stated he would forego the E-Bay process and sell the bicycle to a local buyer for cash. Det. Sgt. David Stokoe, working with the Prosecutor’s Office, arranged to work with the Montville P.D. Detective Bureau to set up a purchase of the stolen bicycle in a parking lot in Montville.
On October 5, Officer Cacciabeve, Det. Keith Donovan, Det. Sgt. David Stokoe, and Det. Lt. Robert Mason and the Montville officers set up in the parking lot in Montville. The individual in possession of the stolen bicycle presented the bicycle for sale. He was taken into custody and charged with possession of stolen property.
The victim’s $7,699.00 bicycle was returned to them.
For their call to duty and quick actions on this case, the 2008 Awards Committee presents Officer James Cacciabeve, Detective Keith Donovan, and Det. Sgt. David Stokoe the Department’s Honorable Service Award.
This is Det. Donovan’s third Honorable Service Award.
Congratulations.
Honorable Service Award:
On August 14, 2008, at 12:10 p.m., the Dover Police Department sent out a radio broadcast for a possible suspect vehicle that fled the scene of a shooting. Officer Jason Gould took a position to observe traffic at the intersection of Franklin Road and South Salem Street. Within minutes Officer Gould observed a vehicle fitting the description pull into a driveway on Coolidge Avenue in Victory Gardens and two individuals exited the vehicle and went into the residence. Officer Gould maintained a visual surveillance on the house and vehicle until Dover PD arrived and took over the surveillance. Officer Gould left the location to take up a perimeter location when he observed one of the suspects he saw enter the home on Coolidge Avenue walking on South Salem Street. Officer Gould radioed Sgt. Scott Arentowicz who had arrived on the scene that the subject passing Sgt. Arentowicz on foot was one of the suspects he had observed earlier. Sgt. Arentowicz confronted the individual and took him into custody. It was later learned that the suspect was involved in the shooting and his apprehension led to multiple arrests later that night by the Morris County Prosecutor’s Office for drug and weapons charges.
For their call to duty, the 2008 Awards Committee presents Officer Jason Gould and Sgt. Scott Arentowicz the Department’s Honorable Service Award.
Congratulations.
APPROVAL OF MINUTES
(1) Regular Meeting Minutes—September 25, 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
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello
NAYS: None
The telephone connection with Councilwoman Price was temporarily lost.
(2) Regular Meeting Minutes—October 7, 2008
Councilman Obremski 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
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello
NAYS: None
ABSTAIN: Deputy Mayor Metz
The telephone connection with Councilwoman Price was temporarily lost.
(3) Executive Meeting Minutes—September 25, 2008
Councilman Algeier 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
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello
NAYS: None
The telephone connection with Councilwoman Price was temporarily lost.
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, commented that, although there are sometimes complaints about the noise from the police firing range, she feels safe and lucky to live in Randolph where there is such a professional police department. Mrs. Stewart reiterated her desire to see an ordinance that would limit smoking in public parks that would protect citizens who are allergic to smoke and also would aid in keeping public grounds cleaner.
Howard Schoenberger, Rickland Drive, congratulated Councilman Algeier, Councilwoman Mitsch, and Councilman Obremski on their recent re-election. He wished the entire Council well for the coming year. Mr. Schoenberger would like to see more residents involved in community organizations. To that end, he recommended forming a sub-committee to work toward putting council meetings on the web as well as a committee to work on getting a community-wide texting system, similar to the one used by the schools for weather emergencies, up and running in Randolph. Mr. Schoenberg also suggested developing a virtual web community whereby residents could communicate easily and gather information on things happening in the township. He volunteered his services for these proposed projects.
Seeing no one further from the public, the public portion was closed.
COUNCIL AND MANAGER REPORTS
Councilman Algeier noted that he visited the Randolph Library, which is currently undergoing renovations, and was given a tour. He described what the renovations included and recommended other council members stop by and see the library. The Councilman had asked the staff to prepare a list of the commercial developments that have occurred in town within the last ten years. The list provides insight as to what Randolph would have lost out on had the Highlands been in effect ten years ago and tax revenue that has been generated because these commercial developments were allowed to move forward. Councilman Algeier expressed concern about the COAH and Highlands issues and noted that the Council has a lot to consider as to whether or not Randolph conforms to the Highlands Regional Master Plan and believes the list can serve as a tool while considering options available to Randolph.
Deputy Mayor Metz stated that, as we move toward budget season, he noticed an article dealing with other communities that have gone to a four-day work week. The Deputy Mayor also stated that the Randolph girls’ varsity soccer team will be competing for the state championship in a game to be played on November 14 at 2:00 p.m. at the high school.
Mayor Napoliello congratulated Councilman Algeier, Councilwoman Mitsch, and Councilman Obremski on their recent re-election. The Mayor attended a meeting in Morris Plains concerning Greystone. Parsippany has expressed an interest in purchasing the property from the state for $1 because they are concerned that the area could be used for COAH housing and will be drafting a resolution asking for municipalities’ support.
Manager Lovell reported that the shared animal shelter concept under consideration by the County has ended and Morris County will not be getting into the animal control business. Therefore, plans for Randolph’s animal shelter will have to move forward. Previous design concepts had a price tag of approximately $1 million, and given the economic pressures faced by the municipality at this time, the Manager is suggesting investing in a trailer to house the feline population. He has directed that specifications be prepared at this time and has been advised that there are adequate funds in the animal licensing trust to pay for the trailer.
ORDINANCES
A. Second Reading and Public Hearing
(1) Ordinance #27-08: Economic Committee—Alternate Members
BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 11-84 ENTITLED ‘AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, BOARDS AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY’” be read by title on second reading and a hearing held thereon.
Manager Lovell stated that this ordinance will create two Alternate positions for the Economic Development Committee. This came about from a suggestion from the EDC to resolve problems meeting quorum.
The meeting was opened to the public for comment. Seeing no one from the public, the public portion was closed.
BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 11-84 ENTITLED ‘AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, BOARDS AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY’” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Deputy Mayor Metz made a motion to adopt the ordinance. 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
COMBINED ACTION RESOLUTIONS
Councilman Algeier 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
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello
NAYS: None
A. Refunds/Adjustment Resolutions
(1) Release Road Opening Cash Bond Posted for Installation of Brick Pavers at 2 Nuko Terrace—Tim Geraghty—$500.00
R-364-08
WHEREAS, the Engineering Department has received a request from Tim Geraghty for the release of a $500.00 cash road opening bond posted for the installation of brick pavers at 2 Nuko Terrace; and
WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on October 2, 2008; and
WHEREAS, the applicant was required to post this cash bond to guarantee the installation of brick pavers 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 Tim Geraghty, 2 Nuko Terrace, Randolph, NJ 07869.
(2) Release Road Opening Cash Bond Posted for the Connection to Water Services at 134 South Road to Edwin Kennedy—$300.00
R-365-08
WHEREAS, the Engineering Department has received a request from Edwin Kennedy for the release of a $300.00 cash road opening bond posted for the connection to water service at 134 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 May 10, 2007; and
WHEREAS, the applicant was required to post this cash bond to guarantee the water connection 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 Edwin Kennedy, 134 South Road, Mendham, NJ 07945.
(3) Release an Overpayment of Taxes on Block 196, Lot 5, to Pal-Pike Associates—$111,273.12
R-366-08
WHEREAS, Pal-Pike Associates has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 196, Lot 5, known as 140 Route #10; and
WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $111,273.12; 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 $111,273.12 to Pal-Pike Associates.
(4) Release Overpayment of Taxes on Block 188, Lot 3, to Mal Brothers—$20,580.00
R-367-08
WHEREAS, Mal Brothers has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 188, Lot 3, known as 29 Reed Street; and
WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $20,580.00; 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 $20,580.00 to Mal Brothers.
(5) Release Escrow Funds for Block 18.01, Lot 1.09, to AspenIce, Inc.—$196.25
R-368-08
WHEREAS, the Planning and Zoning Department received escrow funds from Aspen Ice, Inc. for Block 18.01, Lot 1.09, in the amount of $196.25; 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 $196.25 be refunded to Aspen Ice, Inc., 477 Route 10, Randolph, NJ 07869.
(6) Release Escrow Funds for Block 210, Lot 28, to Shongum Developers, LLC—$185.06
R-369-08
WHEREAS, the Planning and Zoning Department received escrow funds from Shongum Developers, LLC for Block 210, Lot 28, in the amount of $4,000.00; 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 $185.06 be refunded to Shongum Developers, LLC, 820 Morris Turnpike, Suite 301, Short Hills, NJ 07078.
(7) Release Escrow Funds to Dr. Glen Goldstein for Block 97, Lot 31—$640.00
R-370-08
WHEREAS, the Planning and Zoning Department received escrow funds from Dr. Glen Goldstein for Block 97, Lot 31, in the amount of $8,613.46; 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 $640.00 be refunded to Dr. Glen Goldstein, 1243 Sussex Turnpike, Randolph, NJ 07869.
(8) Release Cash Maintenance Bond for the Water System Improvements for the Preserve at Randolph to K. Hovnanian Homes—$14,470.00
R-371-08
WHEREAS, the water system improvements for the Preserve at Randolph subdivision are substantially completed; and
WHEREAS, the developer posted a Cash Maintenance Bond in the amount of $14,740.00.
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 cash bond in the amount of $14,470.00 plus accrued interest be refunded to K. Hovnanian Homes, 110 Fieldcrest Avenue, CN 7824, Edison, NJ 08818.
(9) Release Performance Bond for Pond Dredging at Randolph Business Campus Site Plan to R.I.C. Associates, LLC—$42,000.00
R-372-08
WHEREAS, R.I.C. Associates was required to post a performance bond in the amount of $42,000.00 to guarantee the completion of the dredging of a detention pond on site; and
WHEREAS, the pond dredging for the Randolph Business Campus Site Plan has been substantially completed; and
WHEREAS, the developer originally posted Performance Bond No. 638-46-17 issued by Safeco Insurance Company of America in the amount of $42,000.00.
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 Administrator, that the Performance Bond in the amount of $42,000.00 be returned to R.I.C. Associates, LLC, 1140 Global Avenue, Mountainside, NJ 07092.
(10) Release Road Opening Bond for Installation of Pavers at 6 Pamela Drive to Dawn Kaltnecker—$500.00
R-373-08
WHEREAS, the Engineering Department has received a request from Dawn Kaltnecker for the release of a $500.00 cash road opening bond posted for the installation of pavers at 6 Pamela Drive; and
WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on September 24, 2008; and
WHEREAS, the Applicant was required to post this cash bond to guarantee the installation of pavers 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 Dawn Kaltnecker, 6 Pamela Drive, Randolph, NJ 07869.
B. 2008 Budget Amendment—Drunk Driving Enforcement Fund Grant—$7,232.86
R-374-08
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 $7,232.86, 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—Drunk Driving Enforcement Fund Grant
SECTION II
BE IT FURTHER RESOLVED that a like sum of $7,232.86 and the same is hereby appropriated under the caption:
General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Drunk Driving Enforcement Fund Grant
C. 2008 Budget Amendment: Tobacco Age of Sale Grant—$1,140.00
R-375-08
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 $1,140.00, 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: State of New Jersey—Tobacco Age-of-Sale Grant
SECTION II
BE IT FURTHER RESOLVED that a like sum of $1,140.00 and the same is hereby appropriated under the caption:
General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Tobacco Age-of-Sale Grant
D. Capital Improvement Authorization Cancelled
R-376-08
WHEREAS, the attached list of certain General Capital Improvement Authorization balances remain dedicated to projects now completed; and
WHEREAS, it is necessary to formally cancel these balances.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director is instructed to cancel the unexpended and dedicated balances of the attached list of Capital Improvement Authorizations.
E. Authorizing MCCPC 2009 Model Vehicle Rescissions, Awards and Re-Awards
R-377-08
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a portion of Contract #15-B (Administrative Passenger Vehicles), Item #1 (Full Size, 4 Door Sedan, 8 Cylinder) on October 30, 2008 to Mall Chevrolet; and
WHEREAS, Mall Chevrolet notified the MCCPC that their bid was in error and their vehicle (Chevrolet Impala LS) is not an eight (8) cylinder as noted in the bid specifications; and
WHEREAS, it is in the MCCPC’s interest to rescind Mall Chevrolet’s contract and re-award Item #1 of Contract #15-B to the second low bidder (Warnock Fleet) who meets the specifications and requirements of the MCCPC; and
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a portion of Contract #15-C (Utility Vehicles), Item #5-B (Full Sizes Pick-Up Truck) and Item #6 (Cab/Chassis, One Ton, 11,000 lb. GVW) on October 30, 2008, to Ditschman/Flemington Ford; and
WHEREAS, the awards of Contract #15-C (Utility Vehicles), Items #5-B and #6 were erroneously awarded to Ditschman/Flemington Ford as they were not the true low bidder due to miscalculations in the optional bid prices; and
WHEREAS, it is in the MCCPC’s interest to rescind Ditschman/Flemington Ford’s contracts and re-award Items #5-B and #6 to Warnock Fleet, the actual low bidder meeting the specifications and requirements of the MCCPC; and
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes the award of MCCPC Contract #15-D (Dump Bodies), Item #1 (Dump Body for 2 to 3 Yard, Body & Hoist Combination) to Sanitation Truck Repair; and
WHEREAS, it is in the MCCPC’s interest to award Sanitation Truck Repair Item #1 of Contract #15-D (Dump Bodies) for being the low bidder meeting the bid specifications; and
WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes the award of MCCPC Contract #15-D (Dump Bodies), Item #2 (Super Duty Dump Body for 3-4 Yard Model, Body & Hoist Combination) to Cliffside Body Corporation; and
WHEREAS, it is the MCCPC’s interest to award Cliffside Body Corporation Item #2 of Contract #15-D (Dump Bodies) for being the low bidder meeting the bid specifications.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-referenced items concerning the Morris County Cooperative Pricing Council 2008 bids for the 2009 Model Vehicle Contracts be formally acted upon accordingly.
F. Authorizing Purchases From State Contract Using Fire Fighters Equipment as an Authorized Vendor for Scott Heath and Safety Products
R-378-08
WHEREAS, the Township of Randolph utilizes contract #T0790 to purchase Firefighter Protective Clothing and Equipment; and
WHEREAS, the Fire Department would like to purchase their Breathing Apparatus from this contract; and
WHEREAS, this purchase will total 93,189.30; and
WHEREAS, funds are available for this purchase.
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 purchase from New Jersey State Contract #T0790 using Fire Fighters Equipment for a total of $93,189.30; and,
G. Authorizing Auto Parts Purchase From Somerset County Cooperative Contract CC-6507 Using Hoffman Services for Hydraulic Lifting Jacks for DPW
R-379-08
WHEREAS, the Township of Randolph will utilize Somerset County Cooperative Contract #CC-6507 from Hoffman Services, Newark, New Jersey, for the DPW; and
WHEREAS, funds are available for this purchase; and
WHEREAS, these purchases will not exceed $23,000.00.
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 purchase from Somerset County Cooperative Contract #CC-6507 from Hoffman Services, Newark, New Jersey.
H. Authorize Mayor to Sign FOP Collective Bargaining Contract—2008 - 2011
R-380-08
WHEREAS, the Township of Randolph has reached a settlement with the Fraternal Order of Police in regards to their contract for the years 2008, 2009, 2010, and 2011; and
WHEREAS, both parties agree to all the terms and conditions of said contract.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the Contract with the Fraternal Order of Police.
I. Rescinding Three Liquor Licenses Until Further Review by ABC
(1) Heritage Golf Club
R-381-08
WHEREAS, Heritage Golf Club, LLC (“Applicant”), age twenty one (21) or greater, has submitted a Retail Liquor License Renewal Application (“Renewal Application”), as provided by the New Jersey Division of Alcoholic Beverage Control (“ABC”), to renew Plenary Liquor License No. 1432-33-007-010 to Applicant, including all appropriate supporting documents and affidavits of publication; and
WHEREAS, on June 5, 2008, the Township Council adopted Resolution No. R201-08 authorizing and approving Applicant’s Renewal Application for the 2008-2009 season (July 1, 2008, through June 30, 2009); and
WHEREAS, said Resolution was submitted to ABC as required by ABC regulations for ABC’s review; and
WHEREAS, by letter dated October 31, 2008, ABC informed the Township of Randolph that Plenary Liquor License No. 1432-33-007-010 is not yet renewed for the 2008-2009 season because ABC has determined that the renewal application and fee check submitted by Applicant is missing.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:
1. The renewal of the Plenary Liquor License No. 1432-33-007-010 approved and authorized by the Township Council via Resolution No. R201-08 on June 5, 2008, is hereby rescinded.
2. All appropriate Randolph Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effect the purpose of this Resolution.
3. This Resolution shall take effect immediately.
(2) Grecco
R-382-08
WHEREAS, Grecco James B (“Applicant”), age twenty one (21) or greater, has submitted a Retail Liquor License Renewal Application (“Renewal Application”), as provided by the New Jersey Division of Alcoholic Beverage Control (“ABC”), to renew Plenary Liquor License No. 1432-33-016-003 to Applicant, including all appropriate supporting documents and affidavits of publication; and
WHEREAS, on June 5, 2008, the Township Council adopted Resolution No. R201-08 authorizing and approving Applicant’s Renewal Application for the 2008-2009 season (July 1, 2008, through June 30, 2009); and
WHEREAS, said Resolution was submitted to ABC as required by ABC regulations for ABC’s review; and
WHEREAS, by letter dated October 31, 2008, ABC informed the Township of Randolph that Plenary Liquor License No. 1432-33-016-003 is not yet renewed for the 2008-2009 season because Applicant’s Special Ruling Petition is still pending before ABC.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:
1. The renewal of the Plenary Liquor License No. 1432-33-016-003 approved and authorized by the Township Council via Resolution No. R201-08 on June 5, 2008, is hereby rescinded.
2. All appropriate Randolph Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effect the purpose of this Resolution.
3. This Resolution shall take effect immediately.
(3) Westside
R-383-08
WHEREAS, Westside Grill, LLC (“Applicant”), age twenty one (21) or greater, has submitted a Retail Liquor License Renewal Application (“Renewal Application”), as provided by the New Jersey Division of Alcoholic Beverage Control (“ABC”), to renew Plenary Liquor License No. 1432-33-003-006 to Applicant, including all appropriate supporting documents and affidavits of publication; and
WHEREAS, on June 5, 2008, the Township Council adopted Resolution No. R201-08 authorizing and approving Applicant’s Renewal Application for the 2008-2009 season (July 1, 2008 through June 30, 2009); and
WHEREAS, said Resolution was submitted to ABC as required by ABC regulations for ABC’s review; and
WHEREAS, by letter dated October 31, 2008, ABC informed the Township of Randolph that Plenary Liquor License No. 1432-33-003-006 is not yet renewed for the 2008-2009 season because ABC has determined that the Tax Clearance Certificate submitted by Applicant is forged.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:
1. The renewal of the Plenary Liquor License No. 1432-33-003-006 approved and authorized by the Township Council via Resolution No. R201-08 on June 5, 2008, is hereby rescinded.
2. All appropriate Randolph Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effect the purpose of this Resolution.
3. This Resolution shall take effect immediately.
J. Refund Application Fees for 1319 Sussex Turnpike—$675.00
R-384-08
WHEREAS, the Planning and Zoning Department received application fees from Philip and Terri Lynn Rich for applications #8-08 in the amount of $300.00, #9-08 in the amount of $300.00, and #10-08 on the amount of $750.00; and
WHEREAS, the applicant has withdrawn its application prior to public hearing and is requesting a refund of the application fees in the amount of $675.00, fifty percent of the original application fee.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the application fee of $1,350.00 minus the fifty percent of original application fee be refunded to Philip and Terri Rich, 1319 Sussex Turnpike, Randolph, NJ 07869.
K. Raffles
(1) Social Affair Permit, St. Andrew’s Greek Orthodox Church, December 31, 2008, 8:00 p.m. to 1:00 a.m., at St. Andrew’s Community Center, 1447 Sussex Turnpike, Randolph, NJ
(2) Social Affair Permit, St. Andrew’s Greek Orthodox Church, November 22, 2008, from 6:00 p.m. to 10:00 p.m., at St. Andrew’s Greek Orthodox Church, 1447 Sussex Turnpike, Randolph, NJ
OPEN TO PUBLIC
Judith Stewart, 114 Everdale Road, reiterated her desire to have the current tree ordinance revised to protect the tree canopy in Randolph Township.
Seeing no one further from the public, the public portion was closed.
DISCUSSION
(1) COAH /Developer Fees in Randolph Trust
Manager Lovell reported that there is about $1.5 million currently in the trust. Towns that are not COAH compliant after the December 31, 2008, deadline will likely lose the money in their developer trust accounts. Two agencies have contacted him expressing an interest in developing projects. Allies, Inc. would like to develop a facility to house developmentally disabled residents, and Morris Habitat would like to develop the EA Porter site for low and moderate income units. The Manager identified Randolph’s vulnerability in regard to losing the money in the trust and asked to discuss publicly whether or not he should begin pursuing a relationship with these two agencies. However, he cautioned that working on these developments would not necessarily preclude COAH from trying to seize the money in the trust account.
The Council expressed support for pursuing a relationship with Allies, Inc. and Morris Habitat.
Councilman Alpert expressed frustration with the fact that, even if Randolph decides to move ahead with these developments, COAH can decide to seize the money if Randolph has not sought substantive certification.
Councilman Algeier noted that the Council has a lot to consider when weighing whether or not to join COAH or the Highlands.
(2) COAH Scarce Resources Order for Highlands Communities
Manager Lovell read the following passage from a resolution granting extension of time to file third round petition for substantive certification and imposing a scarce resource restraint upon Highlands region municipalities:
“BE IT FURTHER RESOLVED that the scope of this scarce resource restraint shall apply to any and all municipal actions associated with development approvals, water allocation and wastewater allocation but shall not apply to single-family or duplex units on existing lots, any residential development that includes at least a 20 percent set-aside on-site for affordable housing or any activity that is formally determined to be exempt from the Highlands Act or is formally granted a waiver under the Highlands Act or the RMP.”
The Manager noted that scarce resources are land, water and sewer, and he believes there will also be an interpretation of well water and septic included. He and the staff believe this language means development in Randolph is, for the most part, not going to take place. While many residents may feel that no future development is a good thing, the reality is that COAH is looking at these areas with scarce resources to be reserved for low and moderate income housing.
Township Attorney Buzak noted that the scarce resource order affects those municipalities in the Highlands region under COAH’s jurisdiction, which includes Randolph because we have a viable plan with them in effect until December 31, 2008.
Non-residential development that is either in the process of being approved or having obtained approvals for water or wastewater allocations will be stopped. Mr. Buzak stated that state legislators on both sides of the political aisle have expressed opposition to this issue. Mr. Buzak emphasized that there are many vital decisions to be made by the Council regarding COAH and Highlands, however there is no concrete information emanating from either agency by which to make the decisions.
Councilwoman Mitsch asked if Mr. Buzak was aware of what other municipalities were doing with respect to filing petitions by the December 31 deadline.
Mr. Buzak responded that many communities are going to opt into the Highlands plan on the basis that it is revocable and there is an opportunity to see how the final numbers play out. However, he cautioned that there are a number of ramifications to municipalities opting in which the municipalities have not been given enough time to study or have their experts study.
Manager Lovell noted that Bob Michaels attended a meeting recently with the Highlands and had a brief discussion. Mr. Michaels will be generating a memorandum summarizing his meeting and the Manager will forward the memo to the Council immediately. The Manager stated that in the beginning of the process, he believed that Highlands could have been relief from COAH regulations, however he is no longer under that impression. The Highlands has defined places to put units and have shown a lot of density coming from Randolph.
Attorney Buzak noted that he has heard that if a municipality applies for the second grant offered by the Highlands but subsequently decides to not opt in to the plan, the municipality is not under any obligation to repay the grant. He suggested getting something to this effect in writing if Randolph decides to apply for the grant. He also related a conversation he had with Tom Warden regarding the reallocation of COAH housing numbers, specifically relating to if a municipality does not opt in to the plan, will that municipality receive additional numbers to make up for other municipalities who have opted in to the plan. Mr. Warden indicated that the was not aware of any plans to do that, however Mr. Buzak believes that Highlands and COAH have not yet thought about how the numbers will be adjusted.
Mr. Buzak reiterated the fact that many decisions have to be made in a short amount of time involving a great deal of work. While none of the municipalities have concrete information and are unable to make educated decisions, opting in to the Highlands is revocable, the studies can be completed over the next several months, and then decisions made based upon the information available at that time.
Councilman Algeier clarified for the public and for the record that Randolph does not have to decide at this point to opt in to the Highlands. The Council has already decided not to opt in to COAH by December 31. The question before the Council now is will they adopt a Notice of Intent to conform to the Highlands Master Plan. After December 31, 2008, Randolph will no longer by under the jurisdiction of COAH, therefore the scarce resource order will not apply to Randolph. He asked Mr. Buzak for confirmation that if Randolph does not file a COAH plan and if there is a resolution adopted to conform to the Highlands Master Plan, will Randolph no longer be under COAH’s jurisdiction after December 31, 2008. Mr. Buzak responded that the Councilman was correct.
Councilman Algeier noted that there is the potential of passing two resolutions. One would be the Intent to Conform to the Highlands Master Plan. The other resolution would state that Randolph intends to stay in COAH and file a fair housing plan by December 8, 2009. Doing so would keep Randolph under the scarce resource order but it would also keep COAH from seizing the $1.5 million in the developers’ trust account.
Mr. Buzak responded that was correct. In addition, if the COAH obligations numbers are significantly reduced as a result of COAH and Highlands working together, Randolph would be able to take advantage of the lower numbers.
Councilman Algeier asked that if Randolph decides to go into Highlands and not to go with COAH as of December 8, 2009, the money in the developers’ trust would be at risk.
Mr. Buzak responded that was correct.
Mr. Algeier asked whether Mr. Buzak was confident that passing the second resolution, the intent to go into COAH, is clearly an “intent” resolution and that if Randolph decides later to not be under COAH’s jurisdiction, we would be excused.
Mr. Buzak responded that he was not as confident as he would like to be on that point. The language in the resolution for COAH states that Randolph “intends” to file a plan by December 8, 2009. It doesn’t say Randolph “must” file or “shall” file. That’s the language he must rely on.
Councilman Algeier expressed concern with the fact that Eileen Swan was quoted as saying COAH obligations won’t be shifted to municipalities not conforming to the Master Plan and he doesn’t believe she has the authority to make that decision.
Manager Lovell responded that he believes Ms. Swan is talking about development rights. Locations for low and moderate income housing is a different issue. In his meeting with the Highlands, Mr. Michaels came away with the impression that they will find areas that can take concentrations of low and moderate income units because they’ve got to come up with a number and place to assign them.
Mr. Buzak stated that the housing advocates from the state are taking the position that the units that are lost in the Highlands region as a result of the adjustment have to reallocated elsewhere.
COUNCIL AND MANAGER COMMENTS
No comments
ADJOURNMENT
The Mayor adjourned the meeting at 10:00 p.m.
_________________________________
Donna Marie Luciani
Township Clerk