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

Minutes: September 1, 2022

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 6:00 p.m. by Mayor Potter. 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 November 19, 2021, by emailing them the annual resolution adopted by the Council on November 18, 2021. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph and the Daily Record on November 24, 2021.

2. Roll Call

PRESENT:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

ABSENT: Councilmember Carey

Also present: Township Manager Greg Poff, Township Planning and Zoning Administrator Darren Carney, Township Attorney Edward J. Buzak (via phone) and Attorney Keli Gallo (via phone)

3. Pledge of Allegiance

Mayor Potter asked for a moment of silence to remember Jim Grimshaw, a longtime Randolph volunteer who recently passed.

Mayor Potter read a brief statement on the collection of affordable housing items on this meeting's agenda:

As mayor I am making it clear, that as a council, we are not reviewing these items in haste nor have we accepted these items without legal dispute. For the full history on our Housing Element and Fair Share Housing Plan, I ask the public to reference our full Housing Element and Fair Share Housing Plan on our website under the government tab, and then click affordable housing. Tonight, we have copies of the first few pages of this plan, which outlines Randolph's history in this matter for your reference.

Due to the diligent efforts of our professionals over the last several years, Randolph's affordable housing imposition to our community has been reduced. Not all of the developments will occur in the near term and a fourth round of our affordable housing obligation will begin in 2025. We are not alone; all municipalities have a state constitutional obligation to provide a realistic opportunity for development to satisfy their regional fair share of affordable housing.

The township is required by law to provide a realistic opportunity through its zoning laws for the construction of its regional fair share of affordable housing. In accordance with the June 3, 2022 Order entered by the Court approving the Settlement Agreement "In the Matter of the Township of Randolph for Declaratory Judgement, Docket no. MRS-L1640-15," an updated Housing Element and Fair Plan sets forth the manner in which the township will satisfy its affordable housing obligations in accordance with current regulations and the Court approved Settlement Agreement.

Could there be an alternate location for these affordable housing units? Please keep in mind that there are four major criteria upon which the township must focus: the site must be (1) Available, (2) Approvable, (3) Developable, (4) and Suitable. In many cases where a property is already being developed by a developer there is no choice. If an alternate location could be found in Randolph that could meet the density requirements, the township could have substituted the areas, but given the number of affordable housing units that the township is required to accommodate - almost every piece of vacant property is being used.

Can the township push back further or stall? If the township stalls, the judge could lift the immunity that the township has from builder remedy lawsuits. This immunity protects the township from builders and developers suing to install developments of their choice to satisfy the township's affordable housing obligations, bypassing our land use boards. This immunity was granted under the Mount Laurel litigation.

Our final compliance hearing is scheduled for September 29, 2022. The Township Council today is called upon to adopt a number of affordable housing ordinances, affirmative marketing and spending plan resolutions, and rezoning ordinances to comply with the June 3rd approved settlement agreement.

Has the Board of Education been informed? Yes. Township officials have been informing the BOE and their professionals for years at quarterly joint meetings and on as needed basis on the projected growth of housing units.

Today's agenda will have public hearings on two soil movement permit applications related to approved development projects. There will be public hearings during the dedicated section of our agenda. The public will be guided to ask their questions, in regards to these soil movement permit applications only during those open public hearings.

In regards to the Ordinances that will be introduced today, the public hearings will be at our next meeting on Thursday, September 22. The public is guided to ask questions through the Township Manager's Office during normal business hours prior to September 22. At the second reading of these ordinances, there will be dedicated public hearings for each of these ordinances. The purpose of introducing these ordinances today is to begin the process of notifying property owners within 200 feet of these properties, as well as the general public, so that they can attend the public hearings dedicated to these ordinances on September 22.

B. OPEN TO THE PUBLIC

Roy Squillario of 9 Musiker Avenue explained that he was concerned about the potential traffic issues that could result from the Mt. Freedom housing development. He understood that the township's actions were a result of judicial determination, but he believed that the development's location did not make sense for the township or the area it is being placed in. He asked the council to consider finding a different approach and obtain a second opinion from a different lawyer. He stated that he was disappointed with the decision. He cited a 1983 NJ Supreme Court ruling that he felt was being infringed on. He thanked the council for their time and concluded his comments by urging the council to make changes and reconsider their decision.

Kathy Stoakes of 9 Clover Lane stated that the affordable housing development should not be concentrated in the Mt. Freedom area. She explained that the area was a watershed area that had many stream/spring systems. She stated that she was concerned about impacts on the township's water reserves, and water pressure system, fire department response to the four-story development, and overcrowding in schools. She stated that there were more suitable areas for development along Route 10. She proposed that the units be split up amongst different areas in town to prevent the need for a four-story development. She asked if the township was planning to create a four-lane highway on Sussex Turnpike and Hanover Avenue. She referred to the criteria for affordable housing and stated that the township did not meet the criteria. She concluded her comments by sharing concern over large trucks and wheelers coming through the township and crowding out residents.

Lane Broyles of 115 Carrol Road shared that she had previously spoken with Township Planning and Zoning Administrator Darren Carney and Township Emergency Services Coordinator Bill Wagner. She shared her family's experience from eight years prior which entailed a delayed ambulance response to her home due to local traffic. She stated that the township did not have the resources or emergency services to accommodate or support the incoming developments. She stated that she was concerned about school enrollment projections and that no traffic plan had been developed. She stressed that the additional unmandated housing units require infrastructure issues to be assessed.

Constance Mitchko of 32 Albert Court shared that the township held meetings on the COAH obligation on July 2, 2015, and June 12, 2019. She was concerned that between that time and now, the council was presently deciding on a dramatically impactful development in the town, and she had only recently received notice about it. She informed the council that she was an adjacent property owner, within 200 ft of the development, and she had received no notice about the ordinances. She inquired about the application process and how it could proceed without any notification being given to the adjacent property owners.

Mayor Potter and Darren Carney explained that the introduction of the ordinances would mark the first step in the process. Mayor Potter explained that residents would be notified of the public hearings scheduled for September 22, 2022. She explained that the Planning Board and Environmental Landmarks Advisory Committee would then begin their process. Mayor Potter clarified that the vote during this meeting would be to only introduce the items.

Madeline McAveney of 14 Memory Lane shared a brief history of the Towne Center and the ACME Grocery Store. She stated that she was disappointed that there was no central area designated in the community. She referred to a plan from several years ago that called for the development of shops and walking promenades. She stated that she was concerned with how fire departments would be able to service a four-story building. She stated that the Mt. Freedom area was not right for the development and suggested Route 10 as an alternative. She concluded her comments by stating that she supported affordable housing, but stressed that the location needed to better accommodate community needs.

Chuck Fegly of 36 Tammy Hill Trail asked if the council would be willing to vote no on the ordinances. Mayor Potter explained that a public hearing is required as it would not be fair to hold a preliminary vote. She suggested that Mr. Fegly visit the municipal building to speak with the township's staff.

Joseph Amaral of 14 Poppy Drive stated that he noticed that a member serving on a township committee was benefitting from his relationship with the town. He shared that he had been attending Board of Adjustment meetings and has seen members of the board advising in settlements. He asked about the vested interest of these individuals in the township. He asked the township to take a step back and examine conflicts of interest within the Board of Adjustment. He explained that he followed Manager Poff's previous recommendation to read the Master Plan. He asked why the plan was not always cited. He concluded his comments by stating that he had applied to get involved with the township. He stated that he cared about having a Towne Center developed.

Karina Bernard of 1051 Sussex Turnpike stated that she and her family liked that Randolph was a suburban area; she added that she would like to see the development of a downtown center. She stated that Sussex Turnpike already had traffic flow issues and she was concerned that the housing development would contribute to the congestion.

Josie Scanlon of 5 Knights Bridge stated that she was concerned about the wetlands in the area and the potential impact the development would have on wildlife and the environment. She was concerned about traffic flow and commented that many people wanted the community to remain rural. She asked that another solution be found that could provide the required affordable housing, allow the township to comply with the court case, and keep the township as it is.

Tim Potter of 11 High View Terrace shared concerns about the location of a drug rehab facility within his neighborhood as there are special needs children residing in the area. He did not understand how the township could allow the facility to be placed near the neighborhood.

Mayor Potter suggested that Mr. Potter visit the municipal building to speak with the township staff. Mr. Potter shared his frustrations about nothing being resolved. Mayor Potter stated that the town was working with NJ Legislatures to get the state rule changed.

David Heller of 3 Forest Hill Lane stated that he was concerned with the lack of communication about the affordable housing developments. He asked if the current zoning options could be further explored.

Ms. Broyles shared that she had been told that the area had already been zoned from commercial use to residential and that these ordinances would further zone the area. Mayor Potter informed Ms. Broyles that Manager Poff would clarify the purposes of each ordinance during the meeting. Ms. Broyles and others requested that more communication be shared. Mr. Heller and others requested that the housing information be posted on the township website. Mayor Potter informed the public that the information was available on the website.

Mark Shortino of 32 Barbara Drive referred to resolution 181-22 explaining that the resolution states that all the township has done was approve the settlement. Mayor Potter informed Mr. Shortino that public hearings would be held for resolutions 179-22 and 180-22.

Mr. Shortino stated that resolutions R-181-22 and R-182-22 discussed the Housing Development and Fair Share plan created by the township's planning consultants and referred to the August 29, 2022, Planning Board meeting. He was concerned that residents did not receive communication about the four-story rezoning and other information about affordable housing.

Mayor Potter informed him that the public hearing for the ordinances would be held at the end of September. She invited him to visit townhall, and attend the public hearing. She clarified that the ordinance introductions would start the process of notifying the public.

Ms. Scanlon shared that she was concerned with rumors about the Mt. Freedom Golf Complex being sold to a private company that would host soccer tournaments. She wanted to make sure that if that were the case, the traffic impacts would be addressed.

Mayor Potter asked Township Attorney Buzak to provide some clarification to the public on their affordable housing questions and concerns.

Attorney Buzak explained that this process started with the township filing a Declaratory Judgement Action in 2015 to have the court make a determination that a plan posed by the township satisfied our constitutional obligation to provide for its fair share of the region's low-and moderate-income housing needs.

He explained that the Declaratory Judgment Action proceeded through several years and several discussions. Early in May 2022, the township had a hearing before the presiding judge on a settlement agreement that the township had considered and approved back in August of 2021. That settlement agreement set forth the manner in which the township agreed that it would proceed to satisfy the constitutional obligation.

The settlement agreement hearing held in May 2022 had notice given to the public via publication, individual notice to interested parties, and publication on the township website. The notice gave members of the public the opportunity to submit comments on the agreement and participate in the fairness hearing which was held virtually. He explained that the hearing took place and the township put forth its plan based on the settlement agreement. The ruling was that the agreement was fair and reasonable and if implemented it would satisfy the township's constitutional obligation. It was also ruled that the agreement was fair and reasonable for the protected low- and moderate-income households that the housing is intended for.

He explained that as a part of the order the township was directed to implement the settlement agreement, this involves a variety of actions that the municipal government and Planning Board must do. He added that the ordinances up for introduction this evening were among those actions. He also stated that the Planning Board's consideration and public hearing for the Housing Element and Fair Share Plan were a part of the necessary actions.

He explained that the court order from June 2022 set forth a compliance hearing date for September 29, 2022. He explained that the hearing would be held virtually via Zoom. During the hearing, the township will present the various actions it has taken in accordance with the settlement agreement to conclude its implementation of the settlement agreement. He explained that the ordinances and their introduction and public hearing were among these actions. He stated that if the court finds that the township has appropriately and fully implemented the settlement agreement, a judgment of compliance would be sought for the purpose of having the court make a final determination that the township has complied with its constitutional obligation. The compliance judgment would grant the township protection through July 1, 2025, from having anyone bring forth a lawsuit against the town contending that the zoning ordinances are unconstitutional and do not satisfy the township's obligation.

Attorney Gallo explained that if the court finds that the township did not comply with the settlement agreement, it would allow developers or any property owner to come into town and seek the development of a property without the township having any input over the development. She commented that not complying could lead to devastating consequences. She stated that the township was taking action and trying to protect the community while satisfying its affordable housing obligation.

Seeing and hearing no one further, the public session was closed.

C. MANAGER'S REPORT

Manager Poff reported the following:

New Jersey Natural Gas (NJNG) Installation Update - NJNG Contractor Gray Supply expects to start installation of a plastic main along Everdale Road and Mountainside Road mid-September. Township staff met with Gas Company representatives and to review the job, traffic control, etc. Representatives from the Transportation Office of the Board of Education were also in attendance. Additional information, including a formal project notice, will be forthcoming.

Township Tree Removal Program - The township's tree service company, Tree King., will be working on tree removal from 9:00 a.m. to 2:00 p.m. on Friday, September 2 on Combs Avenue (from Combs Hollow to Shadowbrook Way). Work will begin after school starts and will conclude before school ends so buses will not be impacted.

Fall 2022 Large Item Clean Up Week - The township-wide collection of large household garbage items will take place the week of September 19. All residents must place bulk clean up items on the curbside no later than 6:00 a.m. on Monday, September 19.

Domestic Violence Crisis Response Team - Volunteers are being sought for the Domestic Violence Crisis Response Team (CRT) in the area. The program's mission is to respond to the needs of victims of domestic violence. For information about CRT volunteer requirements, contact JBWS Crisis Response Team Manager Robin Hughes at 973-267-7520, ext. 229.

D. APPROVAL OF MEETING MINUTES

Councilmember Veech made a motion to approve the June 23, 2022, July 7, 2022, and the July 21, 2022 meeting minutes. Councilmember Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

E. PUBLIC HEARING - SOIL MOVEMENT HEARING - CANOE BROOK

1. Conduct Hearing - 134 Dover Chester Road Developer LLC

Mayor Potter explained that the township received an application for a soil movement permit from 134 Dover Chester Road Developer, LLC, for Block 44, Lots 12 & 25 on the tax map. She explained that the applicant received a preliminary and final major site plan and C variance approvals from the Planning Board for a new multi-family residential development referenced as Canoe Brook. The applicant seeks to import approximately 4,001 cubic yards of soil. Pursuant to Ordinance 15-47.4C of the Land Development Ordinances, the Council has jurisdiction over the matter because the applicant seeks to import more than 2,001 cubic yards of soil from the site. The purpose of the hearing is for the Township Council to review and act on the application. Particular consideration will be given to the following factors: soil erosion by water and wind, drainage, soil fertility, lateral support slopes, grades of budding streets and lands, land values and uses, and any other factors bearing upon or relating to the physical development of the township.

Township Clerk Donna Luciani confirmed receipt of the applicant's proof of notice of the property owners within 200 feet, as well as the proof of publication.

Project Engineer Eric Keller of Global Consulting Group was sworn in.

Manager Poff explained that the township has a soil movement application process as prescribed by local ordinances. This hearing gives the public the opportunity to understand what the applicant has proposed by way of soil movement. The particular factors deal specifically with soil erosion and drainage, as well as any other factors that may be relevant to the physical development of the property as approved by the Planning Board.

Richard Hoff of Bisgaier Hoff, LLC, Attorneys at Law, explained that he is the attorney for 143 Dover Chester Road Developer, LLC. He provided background information on the soil movement project and shared that the Planning Board had already reviewed and approved the project. This hearing is required as soil movements exceeding 2,001 cubic sq. yards can only be granted by the Township Council.

Mr. Keller provided an overview of the site plan. He explained that the site has access to Route 10 through the existing office building. There are eight buildings on the property and 12 or 13 catch basins that deal with stormwater. He went on to describe to property further. He stated that NJDOT approval for site access through the parking lot and boulevard to Route 10 has been granted. They are working on all other approvals. He shared information about the site's slope, earthwork plans, and plans for cutting and filling areas. He stated that the site was in the R-6 Inclusionary Zone. The site will feature 199 housing units; 40 of which will be allocated to affordable housing. He explained that a portion of topsoil needs to be removed because it can affect structural integrity. He stated that the project will allow for retaining 6,000 cubic yards of topsoil, which exceeds the minimum requirement. He explained that all soil erosion measures would be followed and that truck traffic would be directed through Route 10.

Councilmember Loveys asked how the retaining wall on the south side of the site would be staged. Mr. Keller explained that because of the wall's height a building permit would be required. He stated that it had not been designed at this point. He explained that it would be designed as a cut wall so the Gottesman Academy and other adjacent property owners would not see it. He stated that the wall was likely to be constructed during the earlier stages of the project because the soil needs to be removed to create building pads.

Councilmember Loveys asked if there was a way to ensure that the building material being brought in was clean. Mr. Keller stated that the project developers would not bring anything in that was not certified.

Deputy Mayor Nisivoccia asked how soil could be certified as clean. Mr. Keller explained that soil coming from a quarry is issued a certificate by the quarry vendor. If the soil is brought from some other site, the soil has to be tested. Councilmember Hathaway inquired about the importing and exporting process for a large amount of material. Mr. Keller stated that neighboring properties would be protected. He explained how topsoil would be stocked, the excavation process, and utility site improvements. He stated that the first step would be to address soil-erosion measures.

Councilmember Forstenhausler inquired about the hours of operation for the soil movement. He asked how many truckloads would be needed and about the time frame of the project.

Attorney Hoff stated that the township ordinance dictates the time of operations. Mr. Keller explained that the number of truckloads depended on the size of the trucks. He estimated that 4,000 cubic yards of material would correlate to 200 truckloads. He estimated that the soil removal process would occur over a month, but there were many factors that contribute to the process. Attorney Hoff explained that the hours of operation would be 9 am to 5 pm, Monday through Friday.

Mayor Potter asked which roads the trucks would be using. Mr. Keller confirmed that the trucks would use state and county roads.

OPEN TO THE PUBLIC

Steve Levy of 4 Kensington Court, Morristown, shared that he was a member of the Board of Trustees for the Gottesman RTW Academy. He asked if this was the last step of approval before the project could start. He stated that the school was sensitive to the number of trees that would be removed for the project. Mr. Carney explained that there were a series of state and local approvals that had to be completed from outside agencies before ground could be broken on the site.

John Torres of 22 Prince Henry Drive asked about the traffic impact on the surrounding community. He asked if detours would be implemented. Mr. Keller explained that the site itself was significantly distanced back from Route 10. He stated that detours would not be needed as a driveway exists. He explained that they would coordinate with the police as necessary.

Seeing and hearing no one further, the public portion was closed.

Mayor Potter explained that as the council is the issuing authority, they need determine if it is their opinion that the proposed soil movement would not create conditions that are harmful to the public's health, welfare and safety, and would not result in the creation of any pits or depressions, soil erosion or facility problems, depressed land values, nor create any drainage, sewage problems or any conditions of danger.

2. R-179-22 Approving the Soil Movement Permit for 134 Dover Chester Road Developer LLC, Block 44, Lot 12 and 25 located at 855 Dover Chester Road in the Township of Randolph

Deputy Mayor Nisivoccia made a motion to approve Resolution R-179-22. Councilmember Hathaway seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

R-179-22

WHEREAS, 134 Dover Chester Developer LLC, the "Applicant," has submitted to the Township of Randolph, the "Township," an application for a soil movement permit involving the movement of soil on Lots 12 and 25, Block 44, on the Official Tax Map of the Township of Randolph (the "Property") for premises more particularly described as being situated at 855 Route 10 and Dover Chester Road, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately four thousand and one (4001) cubic yards of soil will be imported to the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the for Preliminary and Final Site Plan and "C" Variance Approval; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on June 20, 2022, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Site Plan and Variance "C," subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, the Township has jurisdiction of the applicant's soil movement application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on September 1, 2022 by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on September 1, 2022 provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
The Township Council hereby approves and grants soil movement permit application for 134 Dover Chester Developer LLC which is consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
1. The import of soil on the property shall be limited to a 12-month time period.
2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall insure that the vehicles used to import soil use Route 10 and/or State and County roadways only. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
5. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.
6. The Applicant shall insure those vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.
7. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.
8. A Safety and Stabilization Bond is required. If the bonded improvements do NOT exceed $100,000, the amount of the Safety and Stabilization Bond shall be $5,000. If the bonded improvements DO exceed $100,000 the amount of the Safety and Stabilization Bond shall be $5,000 for the first $100,000 of bonded improvements plus two and a half percent (2.5%) of bonded improvements cost in excess of $100,000 up to $1,000,000, plus one percent (1%) of bonded improvements costs in excess of $1,000,000.
9. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of June 20, 2022, as well as all ordinances including, but not limited to, Section 15-47, et seq.
10. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on June 20, 2022.
All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
This Resolution shall take effect immediately.

F. PUBLIC HEARING - SOIL MOVEMENT HEARING - TOLL BROTHERS

1. Conduct Hearing - Toll Brothers

Mayor Potter explained that the township received an application for a soil movement permit from Toll Brothers, LLC, for Block 44, Lot 4, 931 Route 10, on the tax map. The applicant seeks to remove approximately 27,600 cubic yards of soil from the site.

Township Clerk, Donna Luciani confirmed receipt of the applicant's proof of notice of the property owners within 200 feet, as well as the proof of publication.

Richard Hoff of Bisgaier Hoff, LLC, Attorneys at Law, explained that he is also the attorney for Toll Brothers, LLC. He provided background information on the soil movement project and shared that the Planning Board had already reviewed and approved the project.

Project Engineer Daniel Jacobbi was sworn in. He provided a brief overview of the project. The site consists of 43 acres and is mainly a wooded area. The area includes freshwater wetlands that are regulated by the NJDEP. He reviewed the proposed site plan and explained that the development would consist of 28 townhouse buildings, 136 townhouse units, a community clubhouse, and a pool. He explained that site access would be via Route 10 and a boulevard entrance that leads to internal driveways. The site would also include six small-scale stormwater management systems and one large-scale stormwater detention system in accordance with NJDEP regulations. He explained that soil removal was needed due to the existing grading conditions, cut needs, slopes, and environmental constraints. He stated that further permissions and certifications for the project have been applied for with the Morris County Soil Conservation District.

Councilmember Forstenhausler asked if the soil movement operation would comply with the township's ordinance regulating hours of operation. Attorney Hoff confirmed the hours would be the same. Councilmember Forstenhausler asked for more information about the grading. Mr. Jacobbi briefly reviewed how the site's grade changes were calculated and how percentage increases and decreases affected accessibility and safety concerning buildings and wetlands.

Attorney Hoff explained that one of the conditions of the township's ordinance limits the soil movement operations to a 12-month period.

Councilmember Hathaway asked if there were significant grade differences on the site. Mr. Jacobbi explained that site grades were relatively consistent from Route 10 to the back of the area. He stated that the project site starts with a seven-ft burner; the existing grade consistently is steeper from there.

Councilmember Hathaway asked if the two soil movements were happening consecutively and if it would result in a traffic concern. Attorney Hoff was not sure which project would start before the other. He guessed that there may be a period of overlap, but he did not think they would both be on the same path at the same time.

Deputy Mayor Nisivoccia asked for clarification on the project having a granted period of 12 months. Attorney Hoff explained that the project has 12 months to complete import and export activities.

Councilmember Veech asked Mr. Carney if there was anything the township could do to stagger the two projects' truck loads. Mr. Carney informed her that it was likely out of the town's control. He explained that the best scenario was that the sites export to different sites. He did not anticipate it as an issue.

Councilmember Veech asked where the internal soil was being removed from and returned to. Mr. Jacobbi reviewed the site areas that would be cut and filled.

Councilmember Loveys asked if the bio detention basin would be part of the project's first phase as it would control water factors. Mr. Jacobbi explained that the basin is what is taking in most of the stormwater for the site. He confirmed that it would be a part of the initial phase.

Mayor Potter asked if a driver on Route 10 would see muddy streaks on the road. Mr. Keller explained that the project must comply with standards designed to keep the site clean. He stated that if debris is being tracked it would have to be cleaned.

OPEN TO THE PUBLIC

Marc Shortino of 32 Barbara Drive asked for clarification on if the track of land consisted of 43 buildable acres. Mr. Jacobbi explained that only half of the land is buildable. The development will consist of 28 building, 136 townhouse units, of which 28 affordable housing units would be designated.

Seeing and hearing no one further, the public portion was closed.

Councilmember Forstenhausler asked what the plan was for maintaining the developments catch water basins. Mr. Jacobbi explained that the developers would develop and set forth maintenance guidelines for the Home Owners Association to adopt and practice.

2. R-180-22 Approving the Soil Movement Permit for Toll Brothers, Block 44, Lot 4 located at 931 Route 10 in the Township of Randolph

Councilmember Veech made a motion to approve Resolution R-180-22. Deputy Mayor Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

R-180-22

WHEREAS, Toll Brothers LLC, the "Applicant," has submitted to the Township of Randolph, the "Township," an application for a soil movement permit involving the movement of soil on Lot 4, Block 44, on the Official Tax Map of the Township of Randolph (the "Property") for premises more particularly described as being situated at 931 Route 10, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately twenty-seven thousand and six hundred (27,600) cubic yards of soil will be removed from the site; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on June 20, 2022, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan Approval, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, the Township has jurisdiction of the applicant's soil removal application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on September 1, 2022 by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on September 1, 2022 provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
The Township Council hereby approves and grants soil movement permit application for Toll Brothers LLC which is consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
1. The removal of soil on the Property shall be limited to a 12-month time period.
2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall insure that the vehicles used to remove soil take Route 10 exit the Township by County and/or State roadways. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
5. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.
6. The Applicant shall insure those vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.
7. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.
8. A Safety and Stabilization Bond is required. If the bonded improvements do NOT exceed $100,000, the amount of the Safety and Stabilization Bond shall be $5,000. If the bonded improvements DO exceed $100,000 the amount of the Safety and Stabilization Bond shall be $5,000 for the first $100,000 of bonded improvements plus two and a half percent (2.5%) of bonded improvements cost in excess of $100,000 up to $1,000,000, plus one percent (1%) of bonded improvements costs in excess of $1,000,000.
9. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of June 20, 2022, as well as all ordinances including, but not limited to, Section 15-47, et seq.
10. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on June 20, 2022.
All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
This Resolution shall take effect immediately.

G. COMBINED ACTION RESOLUTIONS

Item #8, R-181-22, Resolution Adopting and Affirmative Marketing Plan for the Township of Randolph - Manager Poff explained that this resolution adopts an Affirmative Marketing Plan that will ensure that all affordable housing units created within the township are affirmatively marketed to low- and moderate-income households and particularly marketed to individuals living or working within housing region number 2.

Item #9, R-182-22, A Resolution Endorsing the Amended Housing Element and Fair Share Plan (HEFSP) Adopted by the Township Planning Board on August 29, 2022 - Manager Poff explained that this resolution endorses the amended Housing Element and Fair Share Plan adopted by the Planning Board as pursuant to law. The township is seeking a declaration from the NJ Superior Court that its Affordable Housing Compliance Plan is constitutionally compliant.

Item #10, Resolution Adopting the Township of Randolph Affordable Housing Trust Fund Spending Plan and Requesting Review and Approval Thereof - Manager Poff explained that this resolution adopts the Housing Trust Fund Spending Plan and the requisite approval for the plan. This is apart of the township process for seeking a declaration from the NJ Superior Court that its Affordable Housing Compliance Plan is constitutionally complaint. He explained that by state statute and administrative regulation, the township is required to have an Affordable Housing Trust Fund to receive approval of the spending plan that this resolution will implement. The approval is required from the NJ Superior Court prior to spending any of the funds from the township's Affordable Housing Trust Fund. This resolution puts that spending plan into place.

1. R-172-22 Refund registration fee for child to attend Brundage Park Playhouse Summer Stages due to scheduling conflict to Francine Epstein - $400.00

2. R-173-22 Refund a portion of registration fee for child to attend Rompers Pre-School program due to child attending a different school to Laura Gallatin - $1,475.00

3. R-174-22 Release cash road opening bond posted for the purpose of connecting to the township water service at 25 Overlook Rd., Block 85, Lot 18 to Louis & Donna Sucich - $500.00

4. R-175-22 Refund a portion of registration fee for child Recreation Day Camp program to Jaclyn Greenberg - $333.00

5. R-176-22 Refund registration fee for child to attend Summer Stages Theater program due to Covid-19 to Francis Odisi- $400.00

6. R-177-22 Requesting the approval of items of Revenue and Appropriations for a Grant Award from the American Rescue Plan Act of 2021, United States Department of Treasury Coronavirus Local Fiscal Recovery Fund

7. R-178-22 Refund a portion of escrow funds for work done at 91 Mountainside Drive, Block 146, Lot 45.01 to Pablo Correa - $536.00

8. R-181-22 Resolution Adopting and Affirmative Marketing Plan for the Township of Randolph

9. R-182-22 A Resolution Endorsing the Amended Housing Element and Fair Share Plan (HEFSP) Adopted by the Township Planning Board on August 29, 2022

10. R-183-22 Resolution Adopting the Township of Randolph Affordable Housing Trust Fund Spending Plan and Requesting Review and Approval Thereof

11. R-184-22 Releasing a Performance Bond for a refurbished ambulance to SIV Ambulances - $101,500.00

12. R-185-22 Authorizing Change Order #1 in the amount of an additional $4,200 to the original Professional Services Agreement of $324,000 with the Buzak Law Group, LLC for Township Attorney Services for the 2022 bringing the new total to a not-to-exceed amount of $328,200.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 1, 2022

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds are available to amend the award of the professional service contract to The Buzak Law Group, LLC to include miscellaneous expenses while providing Township Attorney Services.

Deborah Bonanno
Chief Financial Officer
Budget Accounts: 01-201-20-155-010 2022 (not to exceed $4,200)

13. R-186-22 Authorizing the Award of a Contract for 2022 Leaf Loading, Hauling, and Proper Recycling for the period of October 1, 2022 through January 31, 2023 to S. Rotondi & Sons, Inc., not to exceed $216,600

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 1, 2022

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds are available to award a contract to S. Rotondi & Sons, Inc. for providing Leaf Loading, Hauling and Proper Recycling as detailed in the contractor's response provided to the Township's public bid solicitation.

Deborah Bonanno
Chief Financial Officer
Budget Accounts: 01-201-26-300-302 2022 (not to exceed $202,000)
01-201-26-290-309 2022 (not to exceed $14,600)

14. R-187-22 Release Road Opening Cash Bonds posted for various reasons at several locations within Randolph Township totaling $2,300.00

15. R-188-22 Release of Road Opening Cash Bonds posted for various reasons at several locations within the Township totaling $3,500

16. R-189-22 Refund pool fill fee as the fill could not be completed at 1 Carrell Road, Block 81, Lot 40 to Reg Edmonds - $400.00

17. R-190-22 Refund the duplicate payment made for the 1st, 2nd, and 3rd quarter 2022 taxes on Block 4, Lot 7.01, 1105 Route 10 to Hopewell Management - $31,831.84

18. R-191-22 Acknowledging the Redemption and Authorizing the Refund of Tax Sale Certificate #20-01 for Block 2, Lot 7.05, 4 Shaws Farm Ct. to Bala Partners, LLC - $157,115.45

19. R-192-22 Acknowledging the Redemption and Authorizing the Refund of Tax Sale Certificate #18-25 for Block 119, Lot 109.4, 4 Spruce Tree Lane to Jing Yang $3,203.12

20. R-193-22 Acknowledging the Redemption and Authorizing the Refund of Tax Sale Certificate #19-05 for Block 53, Lot 56.07, 2 Matthew Ct. to Trystone Capital Assets, LLC - $5,521.45

21. R-194-22 Acknowledging the Redemption and Authorizing the Refund of Tax Sale Certificate #19-14 for Block 146, Lot 67, 77 Everdale Rd. to Trystone Capital Assets, LLC - $3,674.10

22. R-195-22 Refund 1st and 2nd quarter tax payment made in error due to disabled veteran tax exemption on property located at Block 184, Lot 6.01, 601 Wendover Ct. to PennyMac Loan Services, LLC - $4,015.13

23. R-196-22 Authorizing that, due to a100% disabled veteran tax exemption at his property located at Block 27, Lot 5, 86 Pleasant Hill Road, Andrew Marcantonio owes $123.76 for 7 days of the 3rd quarter of 2022 taxes and the rest of the 3rd quarter 2022 taxes, in the amount of $1,467.05, are to be cancelled as are the first half of 2023 taxes in the amount of $3,156.82 for a total remittance amount of $4,623.87

24. R-197-22 Cancelling certain unused balances in Capital Ordinances for Water and Sewer Capital - $306,828.15

25. R-198-22 Cancelling Certain Unused Balances in Capital Ordinances for Recreation/Open Space - $14,873.75

26. R-199-22 Cancel Certain Unexpended and Dedicated Balances from the General Capital Improvement Fund - $102,280.57

27. R-200-22 Release Cash Road Opening Bond for Block 15, Lot 15, 58 Meadowbrook Road to Christina Contento - $500.00

28. Raffle License: Off-Premise 50/50 - Randolph Soccer Booster Inc at Freedom Park, 645 Millbrook Avenue, Randolph, NJ, November 6, 2022, 3:00 pm

Councilmember Forstenhausler made a motion to approve the Combined Action Resolutions. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

H. UPCOMING EVENTS

Patriot's Day Remembrance Ceremony at VFW, 103 Carrell Road, Randolph, Sunday, September 11, 2022, at 11:00 a.m.
9/11 Remembrance Ceremony and Candlelight Vigil - 21st Anniversary - Morris County 9/11 Memorial on West Hanover Avenue, Parsippany-Troy Hills, on Sunday, September 11, 2022, at 6:00 p.m.
Senior Picnic at Brundage Park on Tuesday, September 13, 2022, at 11:30 a.m. - 2:30 p.m.
Randolph Area Chamber of Commerce Members Invited to Mt. Olive Chamber of Commerce Networking Meeting for BBQ on September 13, 2022, at the Budd Lake Firehouse from 6:00 - 8:00 p.m.
Community Garden Potluck Dinner at Veteran's Park on Friday, September 16, 2022, 6:00 p.m. - 8:00 p.m.
Morris County League of Municipalities event: "Overview of Picatinny Arsenal," Lake Hopatcong Yacht Club, 79 North Bertrand Rd., Mt. Arlington, on Wednesday, September 21, 2022 at 5:15 p.m.
Clean Communities Day, Saturday, September 24, 2022 - participants will meet at their assigned site
Country Fair at Veterans Community Park, Saturday, September 24, 2022, from 10:00 a.m. - 5:00 p.m., Rain date, Sunday, September 25, 2022
Confidential Paper Shredding, Saturday, September 24, 2022, from 9:00 a.m. - 12 noon in the Municipal Building parking lot at 502 Millbrook Avenue, Randolph, NJ 07869
Mission Gratitude 2022: Recognizing First Responder Heroes - hosted by Pediatric Dental Associates of Randolph, 390 Rte. 10, Randolph on Sunday, October 2, 2022, from 10:00 a.m. - 12 noon - ceremony at 11:00 a.m.

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 19-22 Amending and Supplementing Section 31-431 of Chapter 31, Traffic and Vehicles of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending and Supplementing Section 31-431 of Chapter 31, Traffic and Vehicles, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, be read by title on second reading and a hearing held thereon. Manager Poff explained that the purpose of this Ordinance is to amend the township's local ordinance, Chapter 31, Traffic and Vehicles, that provides for the bike path on both sides of Morris Turnpike, from Calais Road to Dolly Bridge Road.

OPEN TO THE PUBLIC

Seeing and hearing no one further, the public session was closed.

Councilmember Loveys asked if the bike path would be on both sides of the road or just on one side. Manager Poff explained that the patrolling officers inquired about the No Bike Lane signage on Morris Turnpike between Calais Road and Dolly Bridge. He explained that there was no reference in the township's ordinance that was relative to the bike lane. The matter was referred to the Engineering Department; the Township Engineer recommended that the bike lane designation be kept and the ordinance be updated to reflect what is in the Master Plan. The engineer recommended that shared lane bikeway striping be used on both sides.

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending and Supplementing Section 31-431 of Chapter 31, Traffic and Vehicles, of the Revised Ordinances of the Township of Randolph, Morris County, 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. Councilmember Forstenhausler made a motion to adopt the ordinance. Deputy Mayor Nisivoccia seconded the motion. The following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

2. Ordinance No. 20-22 Amending Sections 15-2.2 and 15-28.2 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Permit Drive-In Restaurants in the B-3 Planned Business District

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending Sections 15-12.2 and 15-28.2 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Permit Drive-In Restaurants in the B-3 Planned Business District, be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

Marc Shortino of 32 Barbara Drive asked for clarification on where the B-3 District is located. Mr. Carney explained that the site is generally in the area of the Randolph Square and the old K-Mart site. Manager Poff stated that it was property adjacent to Route 10.

Seeing and hearing no one further, the public session was closed.

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending Sections 15-12.2 and 15-28.2 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Permit Drive-In Restaurants in the B-3 Planned Business District, 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.

Councilmember Loveys made a motion to adopt the ordinance. Councilmember Forstenhausler seconded the motion. The following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

J. ORDINANCES: INTRODUCTION

1. Ordinance No. 21-22 to Repeal Sections 15-20.5, 15-20.06 and 15-20.7, and Section 15-90.10 in Article III (Zoning) of the Chapter XV (Land Development Ordinances) of the Township of Randolph, and to Enact Section 15-54 (Affordable Housing) Under Article IV (Supplementary Zoning Regulations) in Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph

Manager Poff explained that the purpose of this Ordinance is to update the township's Affordable Housing Regulations that are currently set forth in the township's Land Development Ordinances. The ordinances are to be updated to be consistent with the Uniform Housing Affordability Control Rule as prescribed by state regulations and the Fair Housing Act, which provides assurances that low-and-moderate income units in the township have the appropriate controls on affordability so low-and-moderate income households can occupy those units.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance to Repeal Sections 15-20.5, 15-20.6, and 15-20.7, and Section 15-90.10 in Article III (Zoning) of Chapter XV (Land Development Ordinances) of the Township of Randolph, and to Enact Section 15-54 (Affordable Housing) under Article IV (Supplementary Zoning Regulations) in Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph," be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 22nd, of September, 2022 at 6 o'clock in the evening, prevailing time, at the Town Hall in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilmember Loveys made a motion to introduce the ordinance. Deputy Mayor Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

2. Ordinance No. 22-22 An Ordinance Repealing Section 15-91.3 (Development Fees for Low- and Moderate-Income Housing) of Article VII (Administration, Enforcement, and Fees) of the Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph, and to Enact Sections 15-55 (Affordable Housing Development Fees) Under Article IV (Supplementary Zoning Regulations) in Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph

Manager Poff explained that the purpose of this Ordinance is to update the township's regulations that govern the collection of both non-residential and residential development fees as set forth in the township's ordinances. He explained that the township has the obligation to maintain its Affordable Housing Trust Fund in accordance with the NJ Uniform Housing Affordability Control Rule and the administrative regulations found in the Fair Housing Act. The fees are to be used to assist the township in satisfying its affordable housing obligation. The ordinance is updated to be consistent with current regulations and statutes.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Repealing Section 15-91.3 (Development Fees for Low-and Moderate-Income Housing) of Article VII (Administration, Enforcement, And Fees) of the Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph, and to Enact Section 15-55 (Affordable Housing Development Fees) Under Article IV (Supplementary Zoning Regulations) in Chapter XV (Land Development Ordinances) of the Ordinances of the Township of Randolph," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Forstenhausler made a motion to introduce the ordinance. Councilmember Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

3. Ordinance No. 23-22 Amending Article III, Zoning of the Land Development Ordinance of the Township of Randolph, to Establish a New VCR-1 Multifamily Inclusionary Zone (VCR-1 Zone) - Avalon Bay-Berger Properties

Manager Poff explained that the purpose of this Ordinance is to establish a new VCR-1 Multifamily Inclusionary Zone that allows for the construction of inclusionary development and assists the township in satisfying a portion of the Affordable Housing Obligation. The ordinance is associated with properties that are otherwise referred to in the Housing Element as the AVB Berger Track, Block 224, Lots 83-86, and 1-4.

Mr. Carney explained that this was one of the sites in the Affordable Housing Plan the council endorsed. The site is on the corner of Sussex Turnpike and Brookside Road. It allows for two four-story buildings on the site and sets up accessories, principal structure setbacks from the roadways, requirements for minimum Open Space, amenities, sign requirements, and parking and design requirements.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish a New VCR-1 Multifamily Inclusionary Zone (VCR-1 Zone)," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Forstenhausler made a motion to introduce the ordinance. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

4. Ordinance No. 24-22 Amending Article III, Zoning of the Land Development Ordinance of the Township of Randolph, to Establish a New R-9 Multifamily Inclusionary Zone (R-9 Zone) for the Franklin Road Properties

Manager Poff explained that the purpose of this Ordinance is to establish the R-9 Multifamily Inclusionary Zone that allows for the construction of inclusionary development and assists the township in satisfying a portion of the Affordable Housing Obligation. The ordinance is associated with properties on Franklin Road, otherwise known as Block 196, Lots 2 - 4.

Mr. Carney explained that the lots are located between Randolph Square and the Braunstone site on the side of Route 10. He explained that currently there was no proposed application for the site. The purpose of rezoning was to encourage the possibility of affordable housing being placed there in the future.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-9 Multifamily Inclusionary Zone (R-9 Zone)," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Forstenhausler made a motion to introduce the ordinance. Deputy Mayor Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

5. Ordinance No. 25-22 Amending Article III, Zoning of the Land Development Ordinance of the Township of Randolph, to Establish a New VCR-7 Multifamily/Mixed Use Inclusionary Zone (VCR-7) for the Mt. Freedom Properties

Manager Poff explained that the purpose of this Ordinance is to establish a new VCR-7 Multifamily/Mixed Use Inclusionary Zone that allows for the construction of inclusionary development and assists the township in satisfying a portion of the Affordable Housing Obligation. This ordinance is associated with properties known as the Mt. Freedom Properties, otherwise known as Block 101, Lots 6,7,9, 10 & 11, and Block 100, Lots 1, 2, & 4.

Mr. Carney explained that this ordinance is unique in that the zoning that is being proposed is the zoning that exists in the area presently. The court required the township to rezone the property to require any housing to have an affordable housing component. He stated that the development regulations did not change for the area, the zoning district just had to be created to satisfy the court.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the VCR-7 Multifamily/Mixed Use Inclusionary Zone (VCR-7 Zone)," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Forstenhausler made a motion to introduce the ordinance. Councilmember Hathaway seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

6. Ordinance No. 26-22 Amending Article III, Zoning of the Land Development Ordinance of the Township of Randolph, to Establish a New VCR-6 Multifamily Inclusionary Zone (VCR-6) for the KAB Properties

Manager Poff explained that the purpose of this Ordinance is to establish the VCR-6 Multifamily Inclusionary Zone that allows for the construction of inclusionary development and assists the township in satisfying a portion of the Affordable Housing Obligation. This ordinance is associated with property known as the KAB Mt. Freedom, otherwise known as Block 224, Lot 5.

Mr. Carney explained that this ordinance is similar to the ordinance that sets forth the VCR-1 District. It sets up the maximum number of units and requires a minimum of 15 affordable units. The ordinances setups building setbacks, track boundaries, screening/landscaping, open space amenities, and other requirements.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the VCR-6 Multifamily Inclusionary Zone (VCR-6 Zone)," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Loveys asked Mr. Carney to review to setbacks. Mr. Carney explained that the building wall for residential use or zone is 40ft, from any property to right away it is 30ft, from any track boundary it is also 30ft. The minimum building setback to all street parking spaces is 10ft.

Councilmember Veech made a motion to introduce the ordinance. Councilmember Hathaway seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

7. Ordinance No. 27-22 Amending Article III, Zoning of the Land Development Ordinance of the Township of Randolph, to Establish a New R-8 Multifamily Inclusionary Zone (R-8 Zone) for the Route 10 Properties

Manager Poff explained that the purpose of this Ordinance is to establish the R-8 Multifamily Inclusionary Zone that allows for the construction of inclusionary development and assists the township in satisfying a portion of the Affordable Housing Obligation. This ordinance is associated with properties known as the Route 10 Properties, otherwise known as Block 44, Lots 8-10, & 13.

Mr. Carney explained that this ordinance applies to four properties, three of the lots are east of the Toll Brothers location and lot 13 is just to the east of the Canoe Brook location. It sets up a minimum acreage, maximum density, building length configurations, distances between buildings, minimum open space, amenities, signage requirements, and more.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the Multifamily Inclusionary Zone R-8 (R-8 Zone)," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Forstenhausler made a motion to introduce the ordinance. Councilmember Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

8. Ordinance No. 28-22 Appropriating $150,000 from Sewer Capital Surplus for Additional Capital for CCM Pump Station Improvements

Manager Poff explained that the purpose of this Ordinance is to provide funding for the CCM Pump Station Improvements. Bids were received for the project; the lowest responsible bid received was $957,498. This bid was approx. $35,000 over the available appropriations for the project. He explained that the need for additional capital comes from appropriation available and the need to cover additional costs associated with the project.

BE IT RESOLVED, that an Ordinance entitled, "An Ordinance of the Township of Randolph Appropriating $150,000 from Sewer Capital Surplus for Additional Capital for CCM Pump Station Improvements," be introduced, read by title by the Township Clerk and passed on first reading.

Councilmember Veech asked if the project was in the CCM Pump Station area. Manager Poff confirmed it was. Councilmember Veech asked if the County College of Morris (CCM) helped pay for the project. Manager Poff informed her that CCM does not; he stated that the station is the township's sewer development.

Mr. Carney explained that the station was originally CCM's private pump station; this changed when the MCUA started having residential properties flow into the station. The station was turned over to the township for operations.

Councilmember Loveys asked if the generator element was always contemplated. Manager Poff confirmed it was.

Deputy Mayor Nisivoccia made a motion to introduce the ordinance. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

K. OPEN TO THE PUBLIC

Roy Squillario of 9 Musiker Avenue referred to portions of the legal notice for the affordable housing notice. He stated that he felt the passage of the first reading, the notification of the second reading, and the public hearing in the statement felt illegal. He referred to the setbacks for the KAB properties. He stated that it read that the curb was 10ft from the state route.

Attorney Buzak stated that the notice of introduction, second reading, and public hearing were all completed in proper form. He explained that ordinances are adopted in a two-step process and require two readings. The passage must be completed during both of those readings. He stated that the ordinance passed during this meeting was for the first reading and notice has been given for the upcoming public hearing. He stated that during the second reading of the ordinance a public hearing would be held before the ordinances are considered for passage. He explained that if the ordinance is approved at that point, it becomes in effect 20 days after adoption and publication.

Marc Shortino of 32 Barbara Drive asked if the zoning ordinances being codified included two R-6 VCR Districts. Mr. Carney stated that the ordinances included VCR-1, VCR-6, and VCR-7. Mr. Shortino acknowledged that the KAB Property had been rezoned to VCR-6, and asked if the Berger site was rezoned for VCR-6. Mr. Carney informed him that the Berger site is proposed for VCR-1 which allows for four-story construction. Mr. Shortino asked if that zoning was the only area zoned for four-story construction. Mr. Carney reviewed residential areas a part of affordable housing zoned for additional story construction. Mr. Shortino asked if the builders have proposed plans for these sites.

Mayor Potter informed Mr. Shortino that the public session is not used for the purposes of question-and-answer sessions; she suggested that Mr. Shortino visit the municipal building to learn more. Mr. Shortino stated that the zoning was being completed without seeing the plans. He guessed that the elements for the zoning considerations indicated that plans have been seen. He commented that the process should have been reversed and followed the order of approving what the builder wants and then amending the zoning ordinances if needed. He stated that the public had a right to know what was coming.

Tom Potter of 11 High View asked if any of the developers had to pay impact fees since the township will have to strengthen its infrastructure.

Seeing and hearing no one further, the public session was closed.

L. COUNCIL COMMENTS

There were no additional comments for this meeting.

M. 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 Executive portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:

a. Agreement Negotiation: Attorney-Client Privilege - Shongum Lake POA

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 Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilmember Forstenhausler made a motion to move into Executive Session at 8:55 p.m. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

ABSENT: Councilmember Carey

Councilmember Forstenhausler a motion to close Executive Session at 9:30 p.m. Deputy Mayor Nisivoccia seconded the motion and the following roll call vote was taken:

AYES:
Councilmember Carey
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None

N. ADJOURNMENT

Councilmember Forstenhausler made a motion to adjourn the meeting at 9:30 p.m. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Carey
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Loveys
Councilmember Veech
Deputy Mayor Nisivoccia
Mayor Potter

NAYS: None