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Township Council » Meetings » Minutes: October 25, 2012

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

Minutes: October 25, 2012

A work session of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within town hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by e-mailing them the annual resolution adopted by the council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT:
Councilman Napoliello
Councilman Obremski

Also Present: Township Manager John Lovell and Keli Gallo from the Law Office of Edward Buzak.

Mayor Guadagno led the Pledge of Allegiance.

3. EAGLE SCOUT RECOGNITION

Mayor Guadagno presented Eagle Scout Seth Abbott with a plaque from Randolph Township and a Randolph Township “Where Life is Worth Living” pin. The Mayor commended Seth on his project benefitting the Randolph Rescue Squad. Freeholder Tom Mastrangelo congratulated Seth and presented him an award on behalf of the Morris County Board of Freeholders.

4. OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road commended Seth Abbott on his achievement.

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

5. MANAGER’S REPORT

Manager Lovell reported that the tentative meeting schedule was created and asked that the Council members review it for discussion at the next meeting.

The Manager reported that the following preparations were initiated for the anticipated hurricane:

  • All catch basins in town were being cleaned.
  • Public Works was given authorization to begin leaf pick up ahead of schedule.
  • A meeting is planned for Oct. 26th at 2 p.m. in the Council Chambers with all those involved with storm preparations and storm emergencies. The Mayor and Deputy Mayor are also invited to attend.
  • Manager Lovell was in contact with the Shongum Lake Association. They are awaiting advice from the DEP regarding lowering the lake since a permit is required.
  • The Reverse 911 test across Randolph was run.

The Manager reported that the issues below have been addressed since the storm last year:

  • The staff has brand new phones. The supplier has been changed to Verizon due to the lack of functioning phones during last year’s storm.
  • Improvement of the Township’s communications and emergency readiness.
  • The Public Works Center has a generator and a generator is being installed in the Municipal complex, but will not be functional for 2 to 3 weeks.
  • A project is underway to install a generator in the Library and Community Center since that will be a future warming station and charging center.
  • Web-based communications have been established with the Council and key department heads to facilitate effective communication during the storm.
  • A new web host has been established which seems to have infinite capacity.
  • A protocol for emergency communication has been established, including a township Facebook page. The website and Facebook page will be regularly updated throughout the storm including information on the timing of the next update.
  • A contract has been established with Swift911 as there was no control over the County 911 system. The County 911 system took about 8 or 9 hours to notify everyone in the township, and the Swift911 takes about 35 minutes.

6. APPROVAL OF COUNCIL MEETING MINUTES:

(1) Regular Meeting Minutes

a. August 2, 2012

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

AYES:
Councilman Loveys
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSTAIN: Councilwoman Mitsch

ABSENT:
Councilman Napoliello
Councilman Obremski

b. September 6, 2012

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

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

7. COMBINED ACTION RESOLUTIONS

(7.1) Councilwoman Mitsch made a motion to approve the Combined Action Items. Deputy Mayor MacArthur seconded the motion and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

(7.2) Endorsing Application for Waiver of EPA Grant Restrictions- Ray Valle- 7 Ashwood Ave.

R-311-12

WHEREAS, Ray Valle, proposes to connect his existing home at the premises known and designated as Block 77, Lot 13 on the Tax Map of the Township of Randolph to the Randolph Township Sewer System for ultimate discharge to the Rockaway Valley Regional Sewerage Authority (“RVRSA”) System and;

WHEREAS, a portion of the property to be connected to the system contains wetlands as defined and delineated by the United States Fish & Wildlife Service; and

WHEREAS, one of the conditions imposed by the United States Environmental Protection Agency (“EPA”) upon the grant for the construction of the RVRSA facilities prohibits the connection of any sewerage generating structure located within any parcel of land containing a wetland area to the system for a period of 50 years after November 29, 1983; and

WHEREAS, said grant conditions provide for exceptions to the prohibition if approved, in writing, by the Regional Administrator of EPA; and

WHEREAS, the procedures for mapping revisions and waiver requests established by EPA, the New Jersey Department of Environmental Protection (“DEP”) and the RVRSA require that Randolph Township endorse the submission of such waiver request or mapping revision; and

WHEREAS, those procedures provide that projects which do not adversely impact wetlands may be approved by way of a mapping revision or waiver request; and

WHEREAS, Ray Valle, has submitted to the Township an application for sewer gallonage and indicated that no sewerage generating structures are to be located within the wetlands; and

WHEREAS, the Township Engineer finds that the project, as proposed by Ray Valle, will not involve the construction of sewerage generating structures within a delineated wetland and is designed so as to minimize any adverse impacts on such delineated wetlands; and

NOW, THEREFORE, be it resolved that the application of Ray Valle to the RVRSA for a waiver of the EPA grant condition, related to servicing the property with wetlands for Block 77, Lots 3, on the Tax Maps of the Township of Randolph, is hereby endorsed.

(7.3) Raffles

1. Raffle License, Off-premise Merchandise Raffle, Randolph Engine Company #5, Shongum, 118 West Hanover Ave., Randolph, NJ, on January 31, 2013, at 7:30 p.m.

2. Raffle License, On-premise 50/50, St. Andrew Philoptochos, 1447 Sussex Turnpike, Randolph, NJ on December 7 from 10:00 a.m. to 9:00 p.m. and December 8, from 9:00 a.m. to 3:00 p.m.

(7.4) Rescinding Item #28 in Category A in MCCPC Contract #25 from WB Mason and Re-Awarding to Summit Paper Co. for Janitorial Supplies

R-312-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #25 (Janitorial Supplies) to various vendors; and

WHEREAS, Item #28 in Category A was awarded to WB Mason as the apparent low bidder; and

WHEREAS, it has recently come to our attention that the Summit Paper Company was the actual low bidder for Item #28 in Category A; and

WHEREAS, the Summit Paper Company has agreed to hold the pricing submitted in their bid proposal for Item #28 in Category A for the remainder of the term of the contract; and

WHEREAS, it is in the best interests of the MCCPC to rescind the award of Item #28 in Category A of Contract #25 (Janitorial Supplies) from W. B. Mason and re-award Item #28 in Category A of Contract #25 (Janitorial Supplies) to the Summit Paper Company as they are the low bidder for that item.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the award of Item #28 in Category A of Contract #25 (Janitorial Supplies) be rescinded from W. B. Mason and re-awarded to the Summit Paper Company.

9. DISCUSSION ITEMS

(9.1) November 1, 2012 Agenda

(9.2) Presentation by Pleasant Ridge Estates Homeowners—Kensington Square Rezoning Proposal

Manager Lovell reported that on September 27th he met with several residents of Randolph Township to discuss the concerns of the Pleasant Ridge Estates homeowners regarding the Kushner Project, also known as Kensington Square and Westminster. The front part of the project included 66 townhomes to be developed on 12.4 acres, the rear part of the project included 50 age restricted units to be developed in 2-three story buildings on 5.1 acres. The rear part of the project has ingress/egress off of Old Shunpike, the front part of the project has ingress/egress off of Brookside. The project was approved in 2000; however, the project did not move forward due to the lack of available sewers and a permit moratorium by DEP issued with regard to water connections and water extensions. Those issues have been worked through over the years. In addition, over the course of years, the economy has changed, age restricted housing isn’t the prospect it was in 2000, and a conversion statute has come about. The Manager reported that as a result of that conversion statute, an application from the Kushner Corporation is currently in front of the Planning Board to convert the 50 age restricted units to 50 apartment units. With that, Kushner Corporation picks up a COAH obligation for several of those apartments. The homeowners would like you to consider rezoning this tract, their hope is that an agreement can be reached through which the rear of the property can be addressed in order to end access to Old Shunpike.

Attorney Heymann stated that his firm was retained to represent what is known as the objectors to the Kushner project. Their biggest concern is of safety related to Old Shunpike Road. If the project converts to the proposal before the Planning Board, there will be a significant amount of traffic. Mr. Heymann addressed this issue with Kushner, and the current proposal is to have additional townhomes and to reroute the traffic to exit onto Old Brookside Road. Mr. Heymann introduced Mr. Zimmerman, a professional planner who was obtained to represent the residents of Pleasant Ridge Estates.

Mr. Zimmerman reviewed and explained the aerial photographs and drawings that were included in the Council packet. The consensus plan that both Kushner and the residents are promoting is as follows: on the 5 acres the apartments would be altered and the property redesigned, the 25 townhouses on the right side, on approximately 11 acres would be redesigned. In 2000 there were 116 units on the 16.7 acres, and the consensus plan has 115 units on the 16.7 acres. He stated that they are recommending that the entire parcel be a VCR 3, Village Center Residential, zone. In addition, they recommend some other minor changes, specifically the density and a few other items to control where the ingress/egress is, along with a draft zoning ordinance that was submitted Township approximately one week prior.

Attorney Heymann explained that if the Planning Board denies the current application, the approval from 2000 still applies to the project.

The following questions were raised and discussed:

Q.It went from 66 townhomes on the bottom of the design to 90?
A. Yes

Q.The townhomes are smaller now?
A. Yes

Q.There are 116 in total?
A. Yes

Q.How many bedrooms, are they all the same?
A. Most of them are 2 bedrooms, approximately two-thirds are 2 bedrooms and one-third is 3 bedrooms. A commitment was made as a function of the water application, there will be no increase in bedroom amount beyond a certain number.

Q.All entry and exit will be from Brookside?
A. Yes

Q.In the ordinance there are 6 units per acre, in order to get the 116, it would have to be 7 units per acre.
A. Correct, that is one of the recommended changes to the ordinance.

Q.Currently, the upper portion is zoned VCR 2 and the lower portion is zoned VCR 3. You want the whole parcel zoned VCR 3, why?
A. It offers a greater density. In order to build townhouses on the upper portion, some density is needed in the lower portion because 50 townhouses cannot fit on the upper portion. The ability to put density evenly spread throughout the entire development as well as have an internal roadway that goes onto Brookside is needed.

Q.The VCR 3 Zone will need to be redefined?
A. The zone will need some modification of the density.

Q.The increased density wouldn’t affect any other vacant tracts?
A. No

Q.What about the COAH component of this, the whole amount of 116 units?
A. Currently there is a 10 unit COAH obligation. However, to accommodate the additional cost of an internal road, the developer is asking for no COAH units to offset that cost. Mr. Zimmerman stated that when the project was approved in 2001, there were no COAH units to this project. In approximately 2008 or 2009, the municipality submitted its housing plan element to COAH; it did not include this property. This property was already approved and there were no COAH units in that approval. The reason that there are COAH units with the conversion, is because the conversion law requires COAH units. If it is converted from age restricted to market apartments, 20% has to be for COAH units. There was more discussion on the number of COAH units, if any, which would be included in this plan.

Q.How many more students would enter the school system? The breakdown of the number of bedrooms and the rental versus purchase components will affect the number of students.
A. A cost benefit analysis has not yet been done. Mr. Gemma stated that a physical impact analysis would be provided.

Q.Has the developer considered building single family homes on the property?
A. No. There is currently an approved plan into which they have put a lot of time and money getting approvals for over the past 10 years.

* There was more discussion on traffic related issues and the safety concerns of the residents.

Q.What prices do you anticipate these townhomes be sold?
A. In the four hundred to five hundred thousand dollar range. An opportunity to put in a clubhouse and pool is also requested.

Several questions regarding rental versus owner occupied units were discussed.

Attorney Buzak explained that the land use law, which is the State statute that delegates to municipalities the ability to zone and to adopt development regulations, has clear limitations as to what can or cannot be done. He further explained that if there are design standards that create the kind of development that is included in the packet, it is likely that these will be individually owned and not rental units. Mr. Gemma indicated that the design is that of townhouses; however, he wanted to leave open the option to have rentals if the market doesn’t work for sales.

Manager Lovell asked whether or not the Council wished to explore the current design and have their staff of professionals give it a close examination. The Manager also stated that the following week the Council will be acting upon the resolution regarding water for this project. An important aspect of that document is an agreed bedroom count, and that count ties to the original approval. A great deal of effort was placed on that between the Township and the developer to make sure that number was correct based upon the 2000 approval. Manager Lovell reported that in the age restricted, there were twenty two 2 bedrooms and twenty eight 3 bedrooms for a total of 128. In the townhomes, there were forty 2 bedrooms, sixteen 3 bedrooms, and ten 4 bedrooms, for a total of 168.

Attorney Buzak stated that the numbers Manager Lovell are important, but that the developer retains the right to change the bedroom count in terms of the number of 2 bedrooms and 3 bedrooms as long as the total number of bedrooms is the same. So there will always be 128 bedrooms, but it may not be twenty two 2 bedrooms and twenty six 3 bedrooms. Attorney Buzak stated that the number of bedrooms will relate to the amount of water and the number of sewers that will be needed. There was more discussion related to the configuration of bedrooms per unit.

Mr. Gemma committed to providing a fiscal impact study by the end of November. This study will compare each of the three projects, the current proposal, the conversion project, and the original project.

Councilwoman Mitsch made a motion to have the process of obtaining an impact statement proceed. Councilwoman Veech seconded the motion and the following role call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

10. OPEN TO THE PUBLIC

Resident Bob Muller from Knight’s Bridge Drive asked for clarification from the Council that this project would not begin until the road alignments were complete or nearly complete. He asked for an update on the timing of the road alignment projects.

Manager Lovell explained that the project has been designed, permits have been received, and funding is falling into place. The first portion of funding is for acquisition of properties necessary to deal with realignments and widening of the road which Morris County will process during 2013. He reported that it is anticipated that this project will be constructed in 2014 and he provided details on what the project entailed.

Attorney Herb Strulowitz stated that he represents some of the residents in the area. He felt there were a lot of problems, the plan would change the neighborhood, and he felt it was negative for the neighbors and for the area. He felt that a compromise needed to be made that would work out for everyone.

Resident Karen Marks from Barbara Drive stated that her property abuts this Old Shunpike Road. She stated that there are several houses along Old Shunpike Road and many children play there as well as bike and run. She wanted to emphasize that the safety of the residents should be a main priority. Ms. Marks felt the concern in terms of COAH spreading of cost should not trump the safety and the welfare of the residents of Randolph.

Resident Chris Marr from 2 Helene Drive commented on the rental versus sale prospect of townhouses. He stated that they can all be sold as condos and the people who buy them can then rent them; however, he didn’t feel a large proportion of them would be rentals. If there are rentals, he felt they would be higher value rentals. Mr. Marr stated that his primary concern is safety since he feels that Old Shunpike Road is a tremendous danger, especially with the potential increase in traffic. He would like to see a positive resolution that the Council, the developer, and the neighbors are all happy with.

Resident Jerry Vichengrad from 20 Old Shunpike Road expressed his concern over the safety of Old Shunpike Road when there are landscaping trucks parked along the curb as well as the lack of visibility near the hill. He also stated that when there are icy conditions, there will be increased traffic on Barbara Drive.

Residents Darlene Lowe and Carlos Rodriguez from Center Grove Village reported that the apartment management has given their neighbor permission to advertise a production company from his apartment. This is against the conditions of the lease. Mr. Rodriguez stated that the neighbor has turned his apartment into a high profile studio. They have filed five complaints, spoken to Steve in the Department of Health, and have called the police, but are now being evicted. Manager Lovell took down the information, but stated that it is a civil matter.

Judith Stewart of 114 Everdale Road reported that she attended the last Community Services meeting. She stated that at a Council meeting there was intimation that the Community Services Committee might be eliminated. Mrs. Stewart expressed that she felt it would be a mistake given the wonderful services it provides for the senior citizens.

11. COUNCIL COMMENTS

There were no council comments

12. 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:

Litigation Settlement
Heritage 55 Open Space Acquisition
Collective Bargaining Contract Mediation—FOP

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.

(12.1) Councilwoman Mitsch made a motion to move into Executive Session at 9:10 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

Councilwoman Veech made a motion to return to Open Session at 9:40 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 9:40 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Obremski

___________________________
Donna Marie Luciani
Township Clerk

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