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: December 20, 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
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

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

COUNCIL AND MANAGER REPORTS

Councilman Metz attended a Traffic Advisory Committee meeting and noted that they are shopping around for a driving simulator to purchase with the $22,000.00 grant from State Farm Insurance. The Councilman asked the Manager if a meeting with the School Board has been scheduled since there has not been a meeting since August.

Manager Lovell responded that he indicated to the Superintendent that a meeting should be scheduled for January.

Councilman Metz noted that the Traffic Advisory Committee will be changing their meetings beginning with January 2008 to the second Tuesday of each month.

DISCUSSION

(1) Escrow Appeal—NOHAB, LLC (Randolph Dental Care)—#41-07

Manager Lovell stated that he has received correspondence from Dr. Glen Goldstein indicating a desire to appeal escrow fees for the development of a project that currently houses his office. This project site was purchased by Dr. Goldstein at a sheriff’s sale. Dr. Goldstein is attempting to appeal legal costs by the township associated with reviewing easements and other problems associated with the site at the time of the sale. It is the Manager’s opinion that when purchasing property at a sheriff’s sale, the purchaser accepts all liabilities associated with the property and suggested that the Council not grant any waivers to Dr. Goldstein. If the Council agrees, he will advise Dr. Goldstein that this matter has not been settled and that he should pursue an appeal to the County Board of Construction.

Councilman Algeier asked if the Township would have any role in responding to an appeal and addressing his claims.

Township Attorney Buzak responded that the County Construction Board of Appeals will hold a hearing on this issue and that Randolph will have the opportunity to present evidence before making a determination.

Councilman Alpert made a motion to deny the requested refunds with regard to this escrow appeal on NOHAB, LLC. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ORDINANCES

A. Second Reading

(1) Ordinance #39-07: Authorizing the Acquisition of a Portion of Block 146, Lots 79 and 79Q, From Raymond and Elke Rebernik

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 146, LOTS 79 AND 79Q, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM RAYMOND AND ELKE REBERNIK FOR MUNICIPAL PUBLIC PURPOSES” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will protect the preservation of the Nitti tract open space.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 146, LOTS 79 AND 79Q, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM RAYMOND AND ELKE REBERNIK FOR MUNICIPAL PUBLIC PURPOSES” 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 Algeier made a motion to approve the ordinance. Councilman Alpert seconded the motion,

Councilman Algeier noted that these negotiations with Mr. Rebernik began a number of years ago with then-Assistant Manager Greg Poff. The Councilman thanked Mr. Rebernik for his cooperation and willingness to provide a nice piece of property to improve the community.

The following roll call vote was taken:

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

NAYS: None

COMMUNITY DEVELOPMENT GRANT REVIEW COMMITTEE APPOINTMENTS

1. Representative (Appointed by Mayor): Barbara Gothie
2. Representative (Appointed by Governing Body): John Van Brunt
3. Alternate (Appointed by Mayor): Steve Bury

Manager Lovell noted that this committee reviews Morris County grant applications for municipalities for projects that fall under the Community Development Block Grant Program.

Deputy Mayor Mitsch made a motion to approve the appointments. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Algeier asked if there had been any feedback following last year’s triathlon and the restrictions placed in the resolution at that time.

Manager Lovell responded that, during last year’s triathlon, the public bathrooms were closed to the participants, which worked out very well.

Councilman Algeier noted that he would be in favor of a professional services agreement with Hatch Mott McDonald for the Butterworth Interceptor project based on a possible $30,000.00 savings to the Randolph.

Manager Lovell stated that he spoke with the Administrator for Morris Township and reported that they are very pleased that Randolph is hiring Hatch Mott McDonald for this project. Morris Township has full faith in Hatch Mott McDonald and does not plan to hire another company to monitor their work on this project.

Councilman Napoliello made a motion to approve the combined action items with the noted recusals. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz (recused from Item M)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski (recused from Item H)

NAYS: None

A. 2007 Budget Transfer From Accounts With a Surplus to Accounts With a Deficit—$10,000.00

R-328-07

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demand for the balance of the current year; viz:

Police, Other Expense

WHEREAS, there appears to be a surplus in the following accounts over and above the demand to be necessary for the balance of the current year:

Police, Salary and Wages

WHEREAS, in accordance with the provision of N.J.S.A. 40A:4-58, part of the surplus in the amount heretofore mentioned be and the same are hereby transferred to the accounts mentioned as being insufficient to meet the current demands.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers:

FromAmountToAmount
Police, S&W$10,000.00Police, Other Expense$10,000.00
TOTAL$10,000.00TOTAL$10,000.00

B. Authorizing Paramount Adventure Club to Hold Triathlon Competition To be Held in Randolph

R-329-07

WHEREAS, Mike Nusbaum, President of the Paramount Adventure Club and Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their Sixth Annual Triathlon competition on Sunday, July 13, 2008, in Randolph; and

WHEREAS, this event raises money for the Lakeland Youth Track and Field League as well as several other community organizations; and

WHEREAS, the bicycle race segment will primarily be held in Randolph and will require police assistance in making the roads safe.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council lends its support for the Sixth Annual Triathlon competition.

C. Release Escrow for Block 84, Lot 16, to Robert and Linda Sharp—$743.50

R-330-07

WHEREAS, the Planning and Zoning Department received escrow funds from Robert and Linda Sharp for Block 84, Lot 16, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $743.50 be refunded to Robert and Linda Sharp, 17 Farview Avenue, Randolph, NJ 07869.

D. Release Escrow for Block 42, Lot 116, to Seidner Dentistry—$680.00

R-331-07

WHEREAS, the Planning and Zoning Department received escrow funds from Seidner Dentistry for Block 42, Lot 116, in the amount of $2,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $680.00 be refunded to Seidner Dentistry, 924 Route 10 West, Randolph, NJ 07869.

E. Refund Registration for Ice Hockey Recreation Program to William Greulich—$775.00

R-332-07

WHEREAS, William Gruelich registered his child for the 2007 Ice Hockey Recreation Program and paid the fee of $875.00; and

WHEREAS, the child is having a conflict due to being on a travel program.

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, less the Township processing fee of $100.00, $775.00 be refunded to William Gruelich, 11 Blue Bird Court, Randolph, NJ 07869.

F. Release Cash Maintenance Bond for Onsite Water System at Heritage XII, Block 93, Lots 47.01 and 57, to SJC Builders—$6,978.50

R-333-07

WHEREAS, the Randolph Township Engineering Department has received a request from SJC Builders for the release of the cash Maintenance Guarantee posted for the onsite water system constructed in conjunction with the Heritage Village XII subdivision located on Block 93, Lots 47.01 and 57; and

WHEREAS, the Maintenance Guarantee consisted of a cash bond in the required amount of $6,978.50 which was received and deposited with the Finance Department on October 5, 2005; and

WHEREAS, the developer was required to post a maintenance guarantee in the amount of $6,978.50 for a period of two years; and

WHEREAS, the Engineering Department has inspected the subdivision and found that the onsite water system has been satisfactorily completed.

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 Steve Bury, Township Engineer, that the Township release the cash Maintenance Guarantee in the amount of $6,978.50 plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

G. Release Cash Maintenance Guarantee for Public Improvements at Heritage Village XII, Block 93, Lots 47.01 and 57, to SJC Builders—$94,309.38

R-334-07

WHEREAS, the Randolph Township Engineering Department has received a request from SJC Builders for the release of the cash Maintenance Guarantee posted for public improvements constructed in conjunction with the Heritage Village XII Subdivision located on Block 93, Lots 47.01 and 57; and

WHEREAS, the Maintenance Guarantee consisted of a cash bond in the required amount of $94,309.38 which was received and deposited with the Finance Department on October 5, 2005; and

WHEREAS, the developer must post a Maintenance Guarantee for a period of two years following the completion of the public improvements for the subdivision; and

WHEREAS, the Engineering Department has inspected the subdivision and found that all public improvements have been satisfactorily completed.

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 Steve Bury, Township Engineer, that the Township release the cash Maintenance Guarantee in the amount of $94,309.38 plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

H. Release Road Opening Cash Bond for Installation of Conduits Across Rose Way and Warren Road to First Energy Corporation—$425.00

R-335-07

WHEREAS, the Engineering Department has received a request from First Energy Corp. for the release of a $425.00 cash road opening bond posted for the installation of conduits across Rose Way and Warren Road; and

WHEREAS, the road opening bond consisted of a $425.00 cash bond, which was received and deposited with the Finance Department on August 2, 2007; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation of conduits within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash road opening bond in the amount of $425.00 be refunded to First Energy Corp, 300 Madison Avenue, Morristown, NJ 07962.

I. Cancellation of 2007 Budget Appropriation—Morris County MUA—Water Supply Services—$125,000.00

R-336-07

WHEREAS, the following Current Fund 2007 Budget Appropriation balance remains unexpended:

Morris County MUA—Water Supply Services, Other Expenses—$125,000.00

WHEREAS, it is necessary to formally cancel said balance so that the unexpended balance can be credited to Surplus.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the 2007 Budget Appropriation, Morris County MUA—Water Supply Services, Other Expenses, in the amount of $125,000.00 be canceled to Surplus.

J. Authorize Mayor to Sign Resolution for the Morris County Multi-Jurisdictional Hazard Mitigation Planning Project Grant

R-337-07

WHEREAS, the Township of Randolph, as a part of Morris County, wishes to participate in the Pre-Disaster Multi-Jurisdictional All-Hazard Mitigation Planning Project; and

WHEREAS, this agreement is between the State of New Jersey, Office of Emergency Management, and Morris County; and

WHEREAS, all parties agree to the terms and conditions of grant PDMC-PL-02-NJ-2007-001.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor shall be authorized to sign a grant application State-Local Grant Agreement Pre-Disaster Mitigation Grant Program (CFDA97,017) Multi-Jurisdictional Hazard Mitigation Plan PDMC-PL-02-NJ-2007-001.

K. Award Professional Services Agreement With Ben Horton Architect—Add $2,200.00 for VFW Design

R-338-07

WHEREAS, there exists a need to amend the Professional Services Agreement with Ben Horton Architecture & Design, dated June 28, 2007, for professional architectural services in connection with the planning and design of the VFW Building, Carrell Road; and

WHEREAS, the cost of such amendment will not exceed $2,200.00; and

WHEREAS, funds are available for this purpose; 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.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that Change Order #1 not to exceed $2,200.00 be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 20, 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 Reserve for Preliminary Expenses—Building Improvements, to amend the contract with Ben Horton Architecture & Design in connection with the planning and design of the VFW Building in the amount not to exceed $2,200.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Cancellation of 2007 Budget Appropriation—Planning, Other Expenses (Feasibility Study—Mt. Freedom Village)—$11,500.00

R-339-07

WHEREAS, the following Current Fund 2007 Budget Appropriation balance remains unexpended:

Planning, Other Expense (Feasibility Study—Mt. Freedom Village)

WHEREAS, it is necessary to formally cancel said balance so that the unexpended balance can be credited to Surplus.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the 2007 Budget Appropriation, Planning, Other Expense (Feasibility Study—Mt. Freedom Village), in the amount of $11,500.00 be cancelled to Surplus.

M. Amend Professional Services Agreement With Hatch Mott McDonald—Butterworth Interceptor—Not to Exceed $150,450.00

R-340-07

WHEREAS, the Township of Randolph has a need to retain Hatch Mott McDonald with regard to the Butterworth Interceptor Upgrade—Raynor Project, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Hatch Mott McDonald has submitted a proposal indicating they will provide the services stated in their proposal with regard to the Township’s Request for Proposals of March 2007 for $150,450.00; and

WHEREAS, Hatch Mott McDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Hatch Mott McDonald has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Hatch Mott McDonald from making any reportable contributions through the term of the contract; 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 Hatch Mott McDonald as described herein; and

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 20, 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 Ordinance #20-97, Butterworth Sewer, to award a contract to Hatch Mott McDonald with regard to the Butterworth Interceptor Upgrade—Raynor Project, in the amount not to exceed $150,450.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

N. Raffles

(1) On-Premise 50/50, Randolph High School Girls’ Basketball Booster Club, at Randolph High School, January 18, 2008, 7:00 p.m. to 9:00 p.m.

(2) Casino Night, Randolph PTA Council, March 7, 2008, 7:00 p.m. to 11:00 p.m., Meadow Wood Manor, 461 Route 10, Randolph

(3) Off-Premise Merchandise Raffle, Randolph PTA Council, March 7, 2008, Meadow Wood Manor, 6:00 p.m. to 12:00 a.m.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, wished the council a happy holiday and noted that she will be traveling and will miss the next few meetings.

Tim Freeman, 10 Lookout Road, noted that the resolution regarding the approval of a special election for the bond referendum has been omitted from tonight’s agenda and asked about the significance of that omission.

Township Attorney Buzak responded that there will be discussion on the litigation during tonight’s Executive Session. He will advise the Council and expects the Council will deal with the issue after re-convening in public session. Mr. Buzak noted that the Council, at the December 6 meeting, established the special election to take place on February 26, 2008. That issue will not be discussed this evening, however the Council will be dealing with the question of the interpretive statement.

Mr. Freeman asked for clarification on whether or not the Council has approved the special election.

Mayor Obremski responded that the special election was approved at the last meeting for February 26, 2008.

Lee Whilden, 82 Radtke Road, asked when the hours and locations for the election will be determined.

Manager Lovell responded that conversations have been held between the Board of Elections and the County Clerk. The schools have been notified that the hours and locations for the special election will be identical to those used for the primary election to be held two weeks earlier.

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

COUNCIL COMMENTS

Councilman Algeier noted that the municipal judge is up for re-appointment this year. Since the judge can only be sworn in by a Superior Court judge, he asked if anyone on the Council had any inclination to not re-appoint Judge Cohen at the January Reorganization Meeting. If there were no such inclinations, Councilman Algeier will inform Judge Cohen that he may start scheduling a judge to issue the Oath of Office to him. The Councilman stated that it is his opinion that Judge Cohen, as well as the entire judicial staff, has done a tremendous job for Randolph.

Councilman Metz, Councilman Napoliello, and Mayor Obremski all voiced a similar opinion regarding Judge Cohen’s work with Randolph.

Councilman Algeier asked if discussions could take place on restructuring the Planning Board to seven regular members and two alternate members.

Councilman Napoliello asked about an article in the paper regarding a property located next to the DPW yard that had some Christmas decorations that have encroached onto township property.

Manager Lovell responded that he is aware of the problem and is also aware of ill will between the person complaining and the property owner. This situation ties in with other properties in Randolph that abut township property and private structures that have been built on township property. The Manager is looking at a process of re-surveying township properties to clearly define those properties with markers and such in the near future. It is his intention to erect a fence along this property as it is next to the DPW yard and bus parking area. He has not instructed the homeowner to remove their Christmas decorations as this situation will resolve itself after the holiday season.

Councilman Algeier asked for further detail about this issue.

Manager Lovell responded that he will send someone out to take pictures of the property and forward them to the Council.

Mayor Obremski thanked the Manager for a copy of an article he forwarded from the December 2007 issue of Public Management Magazine dealing with successful municipal swimming pools. He read the following excerpt from the article, asking Council to substitute “Randolph” for the name of the town it is written about:

“Derby’s status as a bedroom community and its rapid growth caused Derby to evolve without a downtown district, the heart of comparable communities. While the resilient business sectors thrived along Derby’s business retail corridors, the community is otherwise without one of the classic cornerstones of community identity and interaction. So community spaces in Derby, like the municipal swimming pool, become more important for creating a sense of community. Construction of a $7 million facility began on July 10, 2003, was officially completed in September 2005. More than 300,000 visitors have enjoyed Derby’s newest amenity and showpiece of engineering design. Most important, Black River Rapids, as it’s known, represents a sense of place for blossoming city and stands as an example of how municipal engineering can help create community.”

EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the following portion of the meeting.

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

a. Freeman v. Luciani, et. al.
b. Land Acquisition

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilwoman Price made a motion to move into Executive Session. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Alpert made a motion to come out of Executive Session. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

RE-CONVENE

Township Attorney Buzak suggested the interpretive statement be read into the record.

Mayor Obremski read the following proposed public question and interpretive statement for the special election on February 26, 2008:

To vote on the public question printed below, if in favor thereof mark a cross (X) or plus (+) at the left of the word YES, and if opposed thereon, mark a cross (X) or plus (+) in the square to the left of the word NO.

Shall Ordinance No. 21-07 of the Township of Randolph entitled “Bond Ordinance Providing for the Construction of a Swimming Pool in and by the Township of Randolph, in the County of Morris, New Jersey, Appropriating $5,500,000.00, Therefore and Authorizing the Issuance of $5,500,000.00 Bonds or Notes of the Township for Financing the Cost Thereof” be ratified?

Interpretive statement is as follows:

“The Township proposes to issue bonds to finance the cost of construction of a municipal pool. The bonds will be paid out of revenue produced from pool operations, including membership fees and other ancillary services such as snack bar operation, swimming lessons, etc. On July 11, 2007, the New Jersey Local Finance Board determined that the revenue produced by the pool operation will be sufficient to pay all expenses of operation and to pay the debt service on the bonds for the pool. If there are insufficient revenues in any year, the township will advance funds to the utility and fees for the pool operation will be increased in succeeding years to produce enough revenue to pay all expenses and to pay debt service on the bonds.

A “YES” vote will allow the bonds to be issued. A “NO” vote will prevent the bonds from being issued.

Deputy Mayor Mitsch made a motion to approve the question and interpretive statement as read. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

The Mayor adjourned the meeting at 9:10 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Obremski.

Present for the executive session were:

Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski
Township Manager Lovell
Township Attorney Edward J. Buzak

Land Acquisition

Manager Lovell noted that he has been contacted regarding the possible purchase of a 13 acre tract of land that has long been desired by the Township located on Everdale Road. An appraisal for the site came in at $620,000.00. He is seeking permission from the Council to begin negotiations with the property owner. The Manager stated that he would prefer to not wait to apply for the next round of county grants for this purchase since that application will most likely be for another property, and this tract could be purchased from the money in the Green Acres fund.

Deputy Mayor Mitsch asked for an updated report on what monies are in the Open Space funds and how much of that is encumbered.

Council gave the Manager permission to begin the negotiation process for this property.

Freeman v. Luciani et al

Township Attorney Buzak briefed the Council on the proposed question and interpretive statement pertaining to the special election on the pool issue. An interpretive statement is not intended to be argumentative, nor is it intended to slant an issue one way or another. The intent is to bring to the voters a better understanding of what the ballot question means. The Township Attorney sought the advice of many others, including advice from the Bond Counsel, while drafting the interpretive statement. He outlined the specifics of the interpretive statement as follows:

  • The first sentence deals with the proposed issuance of the bonds
  • The second sentence how those bonds will be paid
  • The third sentence is factual and talks about the ruling of the Local Finance Board in determing a pool utility would be self-sufficient
  • The fourth sentence talks about what would happen if the pool utility should not be self-sufficient

The Township Attorney reiterated that he believes this interpretive statement does not slant the question, but rather puts critical information before the voters in language they can understand, and he feels confident that it is a reasonable interpretive statement and could be sustained if it should be challenged. He asked the Council for any comments or input.

Mr. Buzak then discussed the aspect of the plaintiffs’ review of the interpretive statement. He noted that the plaintiffs had asked for approval of the interpretive statement, however he did not agree to that stipulation because the plaintiffs have no right of approval. He did agree to the plaintiffs’ review in order to avoid further litigation should the plaintiffs challenge the statement. If the parties disagree as to the wording of the interpretive statement, they shall jointly present the matter to the court and have the court make the determination.

Councilman Algeier suggested that, since the amount of bonds to be issued is shown twice in the question, he sees no reason to have to appear again in the interpretive statement.

Deputy Mayor Mitsch and Mayor Obremski agreed that the amount could be left out of the interpretive statement.

Councilman Napoliello asked where funds would come from if the pool should ever fail to be self-sufficient.

Manager Lovell responded that several options are available and, depending on the year a shortfall should occur, you would take the money from wherever you have a surplus amount.

Mayor Obremski asked if everyone on the Council was agreeable to removing the dollar figure from the interpretive statement. The Council agreed, and closed the Executive Session to return to Open Session.

Donna Marie Luciani
Township Clerk