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 5, 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 Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price (arrived 8:40 p.m.)
Deputy Mayor Mitsch
Mayor Obremski

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

Mayor Obremski led the Pledge of Allegiance.

OPEN TO PUBLIC

Julie Hooper, 71 Everdale Road, expressed concern that the pool will not have enough members to be self-sustaining after the newness wanes. She doesn’t believe people using Shongum Lake or those with their own pools will join, and asks that the Council consider other options before moving ahead with the pool.

COUNCIL AND MANAGER REPORTS

Councilman Algeier wished everyone a Happy Easter. Members of the Board of Education have informed him that they would like to move the School Board Elections out of the elementary schools and would like the town to consider using alternate locations.

Manager Lovell stated that he would cooperate with the School Board. He has also heard talk about getting the general elections out of the elementary schools, but he doesn’t see how that is possible at this time.

Mayor Obremski reported that he received a check for $1,000.00 from the Area Manager for Jersey Central Power and Light to be used for the Freedom Festival.

Manager Lovell apologized for the oversight in scheduling the special meeting on April 2 which coincided with the Passover holiday. He reported that the Health Department is following up on treatment for the resident bitten by the rabid fox last week and he is busily getting word out of the rabid animal in the area.

INTRODUCE 2007 MUNICIPAL BUDGET WITH PUBLIC HEARING MAY 3, 2007

Manager Lovell read the following resolution into the public record:

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Municipal Budget of the Township of Randolph, County of Morris, for the Fiscal Year 2007.

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2007; and

BE IT FURTHER RESOLVED that said Budget be published in the Daily Record in the issue of April 23, 2007.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the Fiscal year SFY 2007:

Notice is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the Township of Randolph, County of Morris, on April 5, 2007. A hearing on the Budget and Tax Resolution will be held at the Municipal Building on May 3, 2007, at 8:00 p.m., at which time and place objections to said Budget and Tax Resolution for the year 2007 may be presented by taxpayers or other interested persons.

Explanatory Statement
Summary of Current Fund Section of Approved Budget
General Appropriations for:
1. Appropriations within “CAPS”
(a) Municipal Purposes
$20,510,830.87
2. Appropriations Excluded from “CAPS”
(a) Municipal Purposes
$9,762,768.13
Total General Appropriations Excluded from “CAPS” $9,762,768.13
3. Reserve for Uncollected Taxes Based on
Estimated 96.86 Percent of Tax Collections
$2,613,146.00
4. Total General Appropriations $32,886,745.00
5. Less: Anticipated Revenues Other
Than Current Property Tax
$17,499,332.00
6. Difference: Amounts to be Raised by
Taxes for Support of Municipal Budget
(a) Local Tax for Municipal Purposes Including
Reserve for Uncollected Taxes
$15,387,413.00

The Manager noted that this budget is well below the cap placed on municipalities. He thanked the Council for their support and efforts on behalf of the budget. He believes it is one of the most important policy statements this council undertakes each year and the township will operate successfully as a result of the budget.

Councilman Algeier made a motion to introduce the 2007 municipal budget. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

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 March 1, 2007

Manager Lovell noted that a public hearing on this ordinance was already conducted and this ordinance will be carried to April 19 after he meets with officials from the DEP and representatives of the Kushner organization on this issue.

Township Attorney Buzak suggested that, because it is a pending ordinance, a motion be made to carry the ordinance to April 19, 2007.

Councilman Algeier made a motion to carry the ordinance to April 19, 2007. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

(2) Ordinance #06-07: Amending Chapter 8, Animals, of the Revised Ordinances of the Township of Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 8, ANIMALS, 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 Lovell pointed out the timeliness of this ordinance in light of the rabid animal attack this past week. This ordinance will allow the Health Director to make a determination to have an animal head sent to Trenton for testing in suspected cases.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 8, ANIMALS, 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 Napoliello made a motion to adopt the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

(3) Ordinance #07-07: Amending Ordinance #32-05 Fee Schedule

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.

Manager Lovell noted that this is the first time the State has moved licensing fees for cats and dogs since 1983. Randolph’s fees are below the maximum amounts allowed. The Manager suggested opening the meeting for public hearing on this issue, however he would like to carry the ordinance to April 19, 2007, so that the Board of Health can review and provide recommendations on this ordinance.

The meeting was opened to the public for comment.

Sandra Brinker, 25 Bedminster Road, expressed support for the ordinance and thinks the fees for unaltered animals should be higher as an incentive for pet owners to neuter their pets.

Manager Lovell responded that the spread has been determined through the State and Randolph has no discretion in this area.

Hearing no further comments, the public portion was closed.

Councilman Napoliello made a motion to table the ordinance until April 19, 2007. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

B. Introduction

(1) Amending Fee Schedule—Skate Park

Manager Lovell noted that this ordinance amends the registration fee to a $15.00 lifetime registration fee.

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 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. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

(2) Amend Land Development Ordinance—OL Zone Standards and Zoning Map Changes

Manager Lovell stated that this ordinance deals with cleaning up the map to zone certain properties OSGU, some changes to the OL zone recommended by the Board of Adjustment attorney to strengthen it in the event a legal challenge arises, and minor changes in the commercial sector as recommended by the Master Plan.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO MODIFY THE MINIMUM TRACT SIZE AND CONTINUOUS FRONTAGE REQUIREMENTS IN THE OL OFFICE LABORATORY DISTRICT; TO REZONE CERTAIN PROPERTIES; AND TO MAKE VARIOUS OTHER AMENDMENTS TO MAKE THE ORDINANCE INTERNALLY CONSISTENT” 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 Algeier asked if the Manager and staff were comfortable that there was nothing controversial in this ordinance.

The Manager replied that he finds nothing controversial.

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

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

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Outside Tax Sale Certificate #1859 Held by Crusader Servicing Corp. for Block 81.06, Lot 16, to Crusader Servicing Corp.—$35,891.79

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WHEREAS, Outside Tax Sale Certificate #1859 held by Crusader Servicing Corp., assessed to Erickson/Carmona, Block 81.06, Lot 16, 324 Center Grove Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $15,891.79 and premium in the amount of $20,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $35,891.79 to Crusader Servicing Corp., holder of Tax Sale Certificate #1859.

(2) Refund Overpayment of Taxes for Block 73, Lot 66, to Emery Capital Partners—$5,660.00

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WHEREAS, Emery Capital Partners, LLC, has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 73, Lot 66, known as 1 Emery Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $5,660.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,660.00 to Emery Capital Partners, LLC.

B. Dedication-by-Rider for Collection of Sales and Use Tax

R-108-07

WHEREAS, N.J.S.A. 54:32B-3, et seq. provides for the collection of sales and use taxes on certain municipal services; and

WHEREAS, these funds are to be transmitted to the State of New Jersey, Division of Taxation; and

WHEREAS, the Township of Randolph will be collecting these funds under the provisions of this statute.

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

1. That such sales and use taxes received by the Township of Randolph for the purposes mentioned above, be placed in a specific trust fund account and such trust fund account shall be considered a “Dedication by Rider” to the Township of Randolph’s budget pursuant to N.J.S.A. 40A:4-39 for the sole purpose stated above.

2. The Municipal Clerk of the Township of Randolph is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

C. Dedication-by-Rider for Police Off-Duty

R-109-07

WHEREAS, Attorney General Formal Opinion No. 23 (1997) authorizes municipalities to establish a dedicated fund for: i) the receipt of fees paid by parties requesting officers of a municipal police department to perform police-related duties during their off-duty hours, and ii) the payment of wages to off-duty police officers for the performance of such duties; and

WHEREAS, pursuant to N.J.S.A. 40A:4-39, the consent of the Director of the Division of Local Government Services is required for a Dedication by Rider of revenue received by a municipality when the revenue is not subject to a reasonably accurate estimate in advance, and for the expenditure of such revenue.

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

1. The governing body hereby requests the consent of the Director of the Division of Local Government Services to include in the municipal budget dedicated revenues anticipated from the performance of police-related duties during off-duty hours and to pay expenditures for such police-related duties in accordance with the provisions of Attorney General Formal Opinion No. 23 (1997); and

2. The Municipal Clerk of the Township of Randolph is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

D. Amending Banks Designated for the Purpose of Depositories in 2007

R-110-07

WHEREAS, on January 1, 2007, the Township of Randolph designated the following list of banks as depositories for the Township funds in the year 2007:

The Bank of New York
Chase Bank
PNC Bank
Bank of America
New Jersey Cash Management Fund
First Morris Bank
Commerce Bank
Lakeland Bank

and

WHEREAS, the Township of Randolph would like to amend the banks designated for the Township of Randolph for the year 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that the following list of banks be named as depositories for the Township funds for the year 2007:

Commerce Bank
First Morris Bank
Heritage Community Bank
New Jersey Cash Management Fund

E. Authorizing an Award on the Contract for the Purchase and Installation of Trees on an As-Needed Basis From April 15, 2007, to April 14, 2008

R-111-07

WHEREAS, the Township of Randolph wishes to award a contract for the purchase and installation of trees to be installed as needed from April 15, 2007, to April 14, 2008; and

WHEREAS, bids have been advertised and received on March 27, 2007, in accordance with the Local Public Contracts Law; and

WHEREAS, Parker Landscaping and Const. Inc., Wayne, New Jersey, submitted the low bid for the purchase and installation of trees to be installed from April 15, 2007, to April 14, 2008, as needed at prices attached.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Parker Landscaping & Const. Inc., Wayne, New Jersey, for the purchase and installation of trees to be installed from April 15, 2007, to April 14, 2008, as needed.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 5, 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, has ascertained that funds are available in the General Trust Fund—Tree Bank Reserve, to award a contract to Parker Landscaping for the purchase and installation of trees on a as needed basis.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Raffles

(1) On-Premise Tricky Tray, St. Andrew’s Greek Orthodox Church, May 18, 2007, 6:30 p.m. to 10:30 p.m. at The Greek Orthodox Community Center of Randolph, 1447 Sussex Turnpike, Randolph, NJ

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed disappointment that a meeting was held this past Monday on a night when a sizeable portion of the community was celebrating a religious holiday.

Mayor Obremski apologized for the oversight.

Sandra Brinker, 24 Bedminster Road, suggested providing a petition online for those opposed to the pool as well as the one being used by supporters of the pool.

Mayor Obremski responded that residents opposed to the pool have made their feelings known to the Council in many ways. The reason the petition is online is to fulfill a requirement by the Department of Community Affairs to determine a support base before moving forward with the project.

Hearing no further comments, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Algeier asked what the handout concerning the library was about.

Manager Lovell responded that every year the township is required to certify to the State of New Jersey the prior year’s expenditures to qualify for library aid, and this handout is that certification of 2006’s expenditures.

Councilman Algeier asked if the Library Director had provided a report detailing how the money the library receives has been utilized.

Manager Lovell replied that the Library Director has requested she and the Library Board be invited to the next Council facilities meeting. She has informed the Manager that the library will be seeking approval from the Council for some improvements to the their building, and has suggested they use the same architect that will be enhancing the exterior of the recreation building so as to achieve a similar look.

Councilman Algeier asked if there was a resolution in place dealing with developer donations for trails maintenance and inspections.

Manager Lovell responded that there is one dealing with the construction of trails.

Councilman Algeier suggested expanding the scope of the resolution to include maintenance and inspections.

Manager Lovell stated that he will review that document, see if it needs to be revised, and report back to the Council.

Councilman Algeier responded to Mrs. Brinker’s concerns over voicing opposition to the pool. Everyone is welcome to send in their thoughts and the Manager forwards every letter and email he receives to the Council for review. He reiterated the purpose of the online petition as a means to determine the support base before moving forward with the project, as well as the fact that the majority of the community doesn’t need to support the pool, merely 1,000 families joining will make it a self-sustaining pool.

Manager Lovell asked the Council to review a letter in their packets dealing with the issue of public water in the community. He has learned that many towns are creating ordinances requiring odd/even sprinkling of lawns, and recommended Council consider similar action to avoid a spike in water use. The Manager will be placing this issue as a discussion item on the next agenda.

ADJOURNMENT

The mayor adjourned the meeting at 8:45 p.m.

Donna Marie Luciani
Township Clerk