502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: April 19, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

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

ABSENT:
Councilman Algeier
Councilwoman Price

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

Mayor Obremski led the Pledge of Allegiance.

APPROVAL OF MINUTES—Regular Minutes of February 22, March 1, March 15, March 29, April 2, and April 5, 2007; Executive Minutes of February 15, February 22, and March 1, 2007

Deputy Mayor Mitsch abstained from voting since she had not had a chance to review the minutes prior to the meeting.

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

AYES:
Councilman Alpert (abstain from April 2)
Councilman Metz
Councilman Napoliello
Mayor Obremski

NAYS: None

ABSTAIN: Deputy Mayor Mitsch

ABSENT: Councilman Algeier
Councilwoman Price

PROCLAMATIONS

A. Buddy Poppy Sale—Honor of Our Veterans

WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars, the Auxiliary and the American Legion Auxiliary Unit 391 of Mine Hill is eloquently reflected in the desire to “Honor the Dead by Helping the Living.”

NOW, THEREFORE, I, Michael Obremski, Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 31, 2007, which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

Jack Sassaman, on behalf of Randolph Memorial Post 7333, Veteran’s of Foreign Wars, thanked the Council for the proclamation and their support. He noted that the poppies are not sold, however they do welcome donations for the poppies.

B. Making Preservation Work!

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, “Make Preservation Work!” is the theme for National Preservation Month 2007, co-sponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

NOW, THEREFORE, I, Michael Obremski, Mayor of Randolph, do proclaim May 2007 as National Preservation Month and call upon the people of Randolph to join their fellow citizens across the United States in recognizing and participating in this special observance.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, expressed great concern that the proposed pool project was not being placed for referendum by the Council in light of the signatures obtained on a petition asking that it be done and feels strongly that the Council is ignoring the wishes of the residents who elected them. Mrs. Whilden is concerned that non-residents who show support for the pool are helping to determine how the township spends its money, and she indicated that she would consider legal action against the Council if these non-resident votes are accepted by the Council.

Mayor Obremski responded that Mrs. Whilden’s information is not completely accurate and explained that the Council has not decided whether or not to place this issue up for referendum. He also explained that the online survey is not an opinion poll but merely a necessary step Randolph must take to show the state that this can be a self-sustaining project in order to get the down payment waived.

Manager Lovell further explained that the people signing the online survey will be required to provide their name, address, telephone number and email information. With this information, the town can verify that there are no duplicate responses, and he reiterated the fact that this survey will either prove or disprove whether there will be adequate membership to make the pool self-sustaining.

Mrs. Whilden asked if the survey was limited to Randolph residents only.

Mr. Lovell responded that there are currently no limitations on who can respond, however the Council and the public will be provided with information on how many residents responded compared to non-residents.

Councilman Metz stated that a letter in the newpaper today regarding the pool was written by someone giving a fictitious name and address. He also noted that most of the information in that article was incorrect.

Linda Johnson, 41 Valley Road and chairperson of the Pool Committee, reiterated that the responses to the survey will be verified. She stated that she is tired of the inaccuracies that are circulating regarding the pool and is frustrated that those opposed to the pool are allowed to make up stories while those on the Pool Committee have never lied to the public about the project.

Mrs. Whilden stated that she knows Mrs. Johnson has done a good job on the various Pool Committees that she has been involved with. She believes the pool would have a better chance this year of passing on referendum than ever before.

Judith Stewart, 114 Everdale Road, asked when the budget hearing was scheduled to be held.

Manager Lovell responded that the hearing on the budget will be on May 3, 2007.

COUNCIL AND MANAGER REPORTS

Councilman Metz noted that Sgt. Yarzab presented the driver safety program at the Randolph Chamber of Commerce Luncheon where it was well received.

Councilman Alpert reported that the tour by the Open Space Committee will be on Sunday, April 22, 2007.

Councilman Napoliello passed along some material to the Manager from an architectural planning and design firm that might be considered for renovations on Town Hall. In light of past discussions pertaining to recycling at the schools, he also distributed material from a gentleman who presents recycling programs to school kids, which he will also bring to the MAC Committee and suggested discussing it with the Board of Education.

Manager Lovell noted that he will have the Health Officer contact the gentleman and suggested that some of the recycling grant money could possibly be used for this program.

Councilman Napoliello reported that there will be a ribbon cutting ceremony at the Brundage Playhouse on April 26 and invited all the Council members to attend before their meeting that evening.

Deputy Mayor Mitsch reported that the application for The Learning Experience was denied by the Planning Board last week. She also noted that there will be a letter forthcoming from the Planning Board asking the Council to rezone certain parcels in town. The Deputy Mayor also noted that the Planning Board supports the recent ordinance dealing with rezoning in certain areas of Randolph.

Mayor Obremski reported that the Historical Society’s Yard Sale will be on Saturday, April 21, 2007 at Freedom Park. The Board of Education has put forth final approval for the Alive at 25 Program with only one modification and the program will be offered to juniors and sophomores beginning this spring.

Manager Lovell stated that there is a May 11 deadline to present comments to the Highlands Council on their plan. He will be distributing a copy of a letter he wrote containing an attachment from the Morris County Planning Board that he feels is very insightful to the project as a whole, whereas his letter pertains to issues specific to Randolph, and he welcomes comments and suggestions from the Council. He would like to finalize these comments quickly, discuss the issue at the next meeting, and send the letter off to the state.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #04-07: Ratifying a Revised Agreement Between the Township of Randolph and the Morris County Municipal Utilities Authority for the Provision of Water—Carried From April 5, 2007 (Carry to May 3)

Manager Lovell stated that he would like this ordinance carried to May 3 as he is still in the process of setting up a meeting with a Deputy Commissioner at the DEP.

Councilman Metz made a motion to carry the ordinance to May 3, 2007. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

(2) Ordinance #07-07: Amending Ordinance #32-05—Fee Schedule—Carried From April 5

Manager Lovell noted that this is the first increase for licensing fees since the 1980s and the increase falls below state maximum allowance. Several towns in the area are undertaking a similar ordinance. Fees from this program support the animal control program and the animal shelter in Randolph.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE 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.

The meeting was opened to the public for comment. Hearing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE 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.

Councilman Metz made a motion to adopt the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

B. Introduction

(1) Amending Ordinance #09-96: Creating an Aquatic/Recreation Center Utility—Eliminates Membership Deposit Fees

Manager Lovell noted that the ordinance will eliminate wording requiring membership deposits for a 1996 pool utility.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 09-96 ADOPTED BY THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, ON MARCH 19, 1996” 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 3rd of May, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilman Alpert made a motion to introduce the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

(2) Authorizing the Acceptance of a Conservation Easement Deed, Shade Tree Easement Deed and Stormwater Maintenance Agreement—Collinson Brothers, Davis Avenue Subdivision

Manager Lovell noted that the Planning Board negotiated the various documents on behalf of Randolph Township.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A CONSERVATION EASEMENT DEED, SHADE TREE EASEMENT DEED AND STORMWATER MAINTENANCE AGREEMENT FOR LOTS 9 AND 10, BLOCK 71, IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” 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 17th of May, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

(3) Requiring Water Conservation Measures for all Properties Served by Public Water Systems

Manager Lovell stated that this ordinance will institute lawn watering on odd/even days. He suggested moving forward on this ordinance so that it can be adopted as soon as possible before the lawn watering season begins. Notice will be sent to all water customers in Randolph.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING CHAPTER 50, WATER AND SEWERS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, REQUIRING WATER CONSERVATION MEASURES FOR ALL PROPERTIES SERVED BY PUBLIC WATER SYSTEMS” 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 3rd of May, at 8:00 in the evening, prevailing time, at the Municipal Building 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilman Algeier
Councilwoman Price

A. Authorizing Professional Services Agreement Awarding a Contract for General Consulting Engineering Services to Suburban Consulting Engineers—Not to Exceed $15,000.00

R-112-07

WHEREAS, the Township of Randolph has a need to acquire general consulting engineering services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, the anticipated term of this contract is one (1) year; and

WHEREAS, Suburban Consulting Engineers, Inc., has submitted a proposal on March 21, 2007, indicating they will provide the general consulting engineering services for the Township of Randolph, not to exceed $15,000.00; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Suburban Consulting Engineers, Inc., as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 19, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2007 Budget, Water and Sewer, Other Expense, to award a contract to Suburban Consulting Engineers, Inc. for general consulting engineering services in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

B. Rescinding Printing Contract From Hawk Graphics

R-113-07

WHEREAS, a contract was awarded at the meeting of February 15, 2007, to Hawk Graphics for Printing Services Items #19 Typesetting and #22 Posters with Black and Blue Ink; and

WHEREAS, Hawk Graphics has not returned signed contracts to date; and

WHEREAS, Hawk Graphics expressed concern about prices for typesetting documents they would not be printing; and

WHEREAS, the next low bidder is extremely high priced on Item #22 and Item #19 can be performed by the vendor contracted to print and both are seldom utilized.

NOW, THEREFORE, BE IT RESOLVED the contract to Hawk Graphics for Printing Services Items #19 and #22 be rescinded and quotes be obtained for these items.

C. Refund to Patricia Venable for Day Camp Registration—$595.00

R-114-07

WHEREAS, Patricia Venable registered her child for Day Camp and paid the fee of $595.00; and

WHEREAS, her child will not be attending the Day Camp program due to the child not being eligible for the program because of her grade.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $595.00 be refunded to Patricia Venable, 17 Aldebaran Drive, Randolph, NJ 07869.

D. Approval to Apply for Grant From NJ Department of Community Affairs for Overtime Expenses Incurred From State Mandated Domestic Violence Training

R-115-07

WHEREAS, the Randolph Township Police Department desires to apply for and obtain a grant from the New Jersey Department of Community Affairs (DCA) for approximately $3,202.00 to carry out a project to fund overtime expenses incurred from state mandated Domestic Violence training; and

WHEREAS, approval from the governing body is a requirement to enter into a grant agreement with the New Jersey Department of Community Affairs.

NOW, THEREFORE, BE IT RESOLVED:

(1) That the governing body of the Township of Randolph does hereby authorize the application for such a grant; and

(2) Further recognizes and accepts that the New Jersey Department of Community Affairs may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds to the terms of the agreement between the Township of Randolph and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED by the Township Council of the Township of Randolph that the Mayor be authorized to sign the Memorandum of Understanding.

E. Raffles

(1) Social Affair Permit, St. Andrew’s Greek Orthodox Church, 1447 Sussex Turnpike, Randolph, NJ, April 28, 2007, 5:00 p.m. to 11:00 p.m. at the St. Andrew Community Center

(2) Casino Night, Randolph Engine Company No. 5, October 6, 2007, 7:30 p.m. to 10:30 p.m., 118 West Hanover Avenue, Randolph

(3) Off-Premise Raffle, Randolph Rotary Club, June 30, 2007 (night of fireworks or rain date for fireworks), 9:00 p.m. at the County College of Morris, 214 Center Grove Road, Randolph

(4) On-Premise 50/50, Center Grove PTA, May 11, 2007, at the Center Grove School, 25 School House Road, Randolph, 5:00 p.m. to 9:00 p.m.

CREATE COMMITTEE TO UNDERTAKE REVIEW OF MANAGER AND CLERK

Councilman Napoliello, Councilman Alpert, and Deputy Mayor Mitsch will undertake this process.

Manager Lovell noted that he and the Clerk have briefly discussed her goals and asked that he be permitted to sit in on one meeting to bring the committee up to date as to what those goals are.

OPEN TO PUBLIC

Jim McConnell, Carrell Road, asked why the printing contract with Hawk Graphics was rescinded.

Manager Lovell responded that Hawk Graphics asked to withdraw their bid and this resolution released them from their contract.

Mr. McConnell also asked if the water conservation measures would be in effect for all the properties served by public water, specifically the schools and municipally owned properties. He noted that pools are notorious for not being conservative with water use.

COUNCIL COMMENTS

Manager Lovell commented that he is concerned that the debate over the pool issue has turned ugly and unseemly, which is not in the best interest of Randolph, and suggested the Council lead the debate back to the issues and away from personalities.

Mayor Obremski replied that the Manager’s point was well taken.

ADJOURNMENT

The Mayor adjourned the meeting at 8:40 p.m.

Donna Marie Luciani
Township Clerk