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: July 12, 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 (via telephone)
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.

SWEARING IN OF NEW POLICE OFFICERS: MICHAEL GOMEZ AND BRETT SOMMER

Mayor Obremski issued the Oath of Office to Officers Gomez and Sommer.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, cited a newspaper article that reported on declining recycling tonnage. She feels Randolph should do more to encourage recycling in the township and hopes to see this issue on future Council meeting agendas.

Hearing no further comments, the Mayor closed the public portion of the meeting.

COUNCIL AND MANAGER REPORTS

Councilwoman Price reported that the Board of Health is concerned about recycling and has been looking at different educational efforts to encourage residents to recycle. She announced that the Freedom Festival Parade is being aired on Cablevision during July. The Councilwoman noted that the Economic Development Committee is in the process of developing a business plan for Randolph that they hope to present to the Council this fall, and they are also working on the annual business awards dinner which will be held on October 25, 2007, at the Skylands.

Councilman Napoliello stated that he was among those attending the meeting before the Local Finance Board in Trenton where the Board agreed to waive the five percent downpayment required for any bond issued for the proposed pool. The Councilman believes that, by waiving this downpayment, that state has endorsed the idea that the pool would be self-sustaining.

Councilman Metz commented that the parade was successful.

Councilman Algeier congratulated the Parade Committee for all their hard work and for putting together a great parade.

Councilman Alpert stated that the parade is a great example of what happens when a whole community comes together to enjoy the idea of freedom.

PUBLIC HEARING: 2007 MORRIS COUNTY OPEN SPACE GRANT APPLICATION—ACQUISTION OF “TUCKER AVENUE PROPERTIES”

Manager Lovell stated to the Council that Tom Russo, Assistant Township Manager, would be presenting the application with the public hearing and public comment to immediately follow.

2007 OPEN SPACE PRESENTATION

The Township of Randolph is looking to acquire approximately 20 acres of property on Tucker Avenue. The site is partially wooded and accessible from both Sussex Turnpike and Morris Turnpike via Leslie Avenue and Tucker Avenue. Specifically there are four tracts that the Township is dealing with:

TRACT 1:
Block 88, Lot 12
1.0 acreR-2 zone
TRACT 2:
Block 91, Lots 2 and 3
2.75 acresR-2 zone
TRACT 3:
Block 92, Lots 3, 4, 24, 25, 26 & 27
15.28 acresR-1/R-2
TRACT 4:
Block 92, Lot 22
.92 acresR-2 zone

On the properties are located:
House—45' x 35'
Barn1—20' x 20'
Barn2—30' x 60'
Pool—60' x 30'

All structures will be demolished after acquisition.

These properties were part of an old bungalow colony during the middle-part of the 20th century. The site is contiguous to existing open space and it contains an existing paper street with part of the Township trail system. This site received final subdivision approval from the Randolph Township Planning Board on December 15, 2003 for five new building lots and a remainder lot.

The site contains a Category-1 stream with trout production and associated wetlands. Clearly this site is environmentally sensitive. The proximity strongly suggests that shallow groundwater beneath the site discharges to the wetlands and stream. Site-specific data indicate the possible presence of perched water and/or slow-draining soils on some of the approved development properties.

Tree Specimens Found on the Property:
Upland species—red oak, white oak, black oak.
Upland valley species—tulip poplar, sugar maple, American beech and white ash.
Bottomland species—red maple, pin oak.

Endangered/Threatened Wildlife Habitat:
In terms of endangered or threatened wildlife habitat there has been no observation of State endangered species forest habitat, State threatened species wetlands habitat and there is a wood turtle habitat according to the NJDEP Landscape Project.

Unique or Exceptional Ecosystems:
Property contains Tributary to the India Brook, Category I stream and associated exceptional value resource wetlands.

The Township believes this acquisition would be of tremendous environmental value to the community and provide upwards of 20 acres of picturesque passive recreation on lands already traversed by Randolph trails on Tucker Avenue.

The Township has had preliminary discussions with Mr. Bernard Elbaum and he is a willing seller. Mr. Elbaum has also given permission to the County of Morris to view and tour the site and take photographs. Mr. Elbaum was in this morning to meet with the township manager, planning/zoning administrator and myself to discuss our appraisal and we anticipate receiving an appraisal from Mr. Elbaum by the end of August.

Preliminary numbers from our appraiser, Matt Krauser of Integra Realty Resources of Northern New Jersey, estimate the value for the acquisition to be $1,100,000. This is based on:

5 potential lots @ $200,000 per lot:$1,000,000
1 potential lot @ $150,000:$150,000
 $1,150,000
Less ancillary costs:- $55,000
(COAH AND DEMOLITION)$1,100,000 (rounded)

The reason one lot is substantially less is because the costs factor in the lot with the existing structure either requiring a new dwelling to be constructed within the existing building envelope or requiring some relief from the NJDEP to expand the building envelope.

At an acquisition cost of $1.1 million, the Township of Randolph will be seeking $550,000 in grant funding from the Morris County Open Space Trust Fund, and will utilize approximately $275,000 in New Jersey Green Acres grant funds along with $275,000 from the Township of Randolph Open Space Trust Account.

Please note that these numbers are purely estimates and will ultimately vary based upon the actual dollars received from the Morris County Open Space Trust Fund when this application is successful. Also, if negotiations with Mr. Elbaum result in a higher price for the properties, additional dollars will be paid out of the Township of Randolph Open Space Trust Account.

As far as where we go from here, in September, members of the Morris County Open Space and Farmland Preservation Trust committee will visit the site with Randolph staff. In October, I will present the application in-person to the same committee and answer any of their questions. Though there are certainly no guarantees, I expect we will receive a positive notification on our application sometime in November.

Tonight, I ask that the Council pass the resolution in support of this application. Once authorized, I will hand-deliver the final application to the County of Morris on July 26th for its review.

Now I would like to introduce Randolph Township Open Space Committee Chairman Richard Thomas for comments.

Open Space Committee Chairman Thomas thanked Assistant Township Manager Russo and added that the Open Space Committee supports this resolution. The property meets all of the parameters:

Proximity to Existing Properties
Capability to Extend and Support the Trail System
Environmental Sensitive
Excellent Opportunities for Passive/Active Recreation

The Open Space Committee unanimously supports the application to acquire this property.

The Mayor opened the meeting to public for comments or questions.

Sandra Brinker, 25 Bedminster Road, thanked the Council for the property acquisition. Ms. Brinker is very impressed with the conversation that she had with Assistant Manager Russo and that it would be used for passive recreation.

Judith Stewart, 114 Everdale Road, the Township has done a very good time job of putting land aside and is especially pleased with the idea that the Township is acquiring property with a lot of trees. Ms. Stewart thanked the Council and informed them that she supports this acquisition.

Mayor Obremski asked if there were any other questions or comments. Seeing no one, the public hearing was closed.

Councilman Algeier asked that the resolution for the Morris County Open Space Grant, Tucker Avenue Property, be changed by deleting the word passive.

Manager Lovell responded that there is no problem in striking the word passive.

R-169-07

A RESOLUTION AUTHORIZING MORRIS COUNTY OPEN SPACE GRANT APPLICATION FOR THE PROJECT KNOWN AS THE TUCKER AVENUE PROJECT

WHEREAS, the Township of Randolph has considered several properties for the Morris County Open Space and Farmland Preservation Trust Fund grant program; and

WHEREAS, the Township has determined the Tucker Avenue project to be the most appropriate and competitive among those considered for recommendation to the Randolph Township Council; and

WHEREAS, the grant application requires a public hearing on the proposed properties including advertisement of same and the Township Council’s authorization to proceed with the grant application.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that a public hearing on the 2007 Morris County Open Space and Farmland Preservation Trust Fund grant application was held on July 12, 2007, as advertised, and that the Mayor, Township Manager, and Assistant Township Manager are hereby authorized to complete and execute all forms associated with this grant application.

Councilman Algeier made a motion to approve Combined Action Item B with the modification. Councilwoman Price 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 and Public Hearing

(1) Ordinance #21-07: Bond Ordinance Providing for the Installation of a Swimming Pool—$5.5 Million and a Resolution Amending Capital Budget for Swim Pool and Resolutions

BE IT RESOLVED that an Ordinance 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 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,500,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that there will be a public hearing on the bond ordinance this evening, and two resolutions will be considered as companion documents to the ordinance. He stated that the proposed pool has undergone two years of study and review by the township and that the township has taken a very conservative approach in measuring the financial challenges associated with debt retirement, construction, and operation of the pool so as to avoid any and all surprises. Randolph also enjoys a AA+ bond rating, indicating strong and sound financial management. The New Jersey Local Finance Board approved Randolph’s application and determined the project would have the income sufficient to make it a self-liquidating utility. The Manager also stressed the importance of residents acknowledging that while they can disagree on the issue, after the vote is taken they are all still neighbors and should respect each other during the public hearing.

The Mayor opened the meeting to the public for hearing.

Connie Stroh, 19 Dogwood Trail, and President of the League of Women Voters, read the following statement into the record:

Mr. Mayor and Members of the Council: I am speaking tonight on behalf of the League of Women Voters of Randolph Township. The League believes that democracy is not a spectator sport and that citizens are obligated to participate in the decisions that affect them. The League also strives to educate voters about the issues before them and believes that an educated electorate is essential to democracy. The League never supports or opposes candidates and only takes positions on issues after thorough study and consensus of its members.

I assure you that the League has no position for or against the pool proposal. In an attempt to bring clarity to the discussion about the referendum, I will begin with some history of Randolph government.

About 40 years ago, during the late 1960s, a bi-partisan citizens’ committee for a change of government was organized. The League of Women Voters was a member. The studied and diligent efforts of this committee led to a referendum, and our prior form of government, a five-man Township Committee, was replaced with the Council-Manager form under New Jersey’s Optional Municipal Charter Law (Faulkner Act) of 1950. With this form, the council is the legislative body of the municipality and it appoints a qualified professional manager to serve as the chief executive. Also, this form provides for initiative, referendum, and recall. Referendum is the power of the voters to require, by petition, a binding vote on any ordinance introduced or passed by the governing body.

Regarding the pool issue, the League believes that the current community climate is not conducive to the rational discussion of pros and cons, and does real harm to the reputation of Randolph. Of course, there are differences of opinion. However, when a significant number of voters believe that they must be empowered to register their opinions about an ordinance enacted by the council, a public referendum provides the mechanism to do this. It is the best and only way to learn the will of the people.

If the effort to obtain a referendum about the pool is successful, it will be incumbent for all sides to make their positions understood and encourage voters to vote. Any voter unable to go to the polls on Election Day may obtain an absentee ballot.

The League fervently hopes that this municipal pool controversy will be resolved amicably and that our friendly community atmosphere will prevail.

Judith Stewart, 114 Everdale Road, noted that in the past she has suggested the pool be bonded by the individuals who want to be members and respectfully asked the Council to discuss this possibility. If this option is not discussed, she intends to sign the petition calling for a referendum in November. Mrs. Stewart would like to see the ordinance tabled.

John Conway, 37 West Hanover Avenue, suggested having potential members pay the first year’s dues, which would be placed in an interest bearing account, and holding a non-binding referendum in November.

Jodi Federico, 9 Country Lane, believes that requiring members to post a $5,000.00 bond would make the pool eligible to only wealthy residents. This pool should be a community pool. She noted that Randolph has many amenities that she doesn’t necessarily use but pays taxes to maintain. Mrs. Federico believes that a referendum is not necessary in light of the fact that only eight or nine percent of the population is needed to make the pool self-sustaining and the Local Finance Board has endorsed the project. She believes there will be a waiting list of residents for membership to the pool.

Lee Schlatter, 505 Millbrook Avenue, stated that everyone should have a right to vote on the issue and the majority should rule.

Grace Amedeo, 7 Drum Hill Lane, stated that she is in favor of a pool, she believes the elected officials have the right to administrate for the town on behalf of the voters who elected them, and she thanked all those who put so much work into the pool project.

Ira Finkelstein, 14 Drum Hill Lane, recalled that East Brunswick built a water park for its residents several years ago that was not able to support itself so that it required out-of-town membership, and that it has fallen into disrepair and poor management in recent years. He is concerned that the proposed pool in Randolph will not be self-sustaining.

Manager Lovell responded that the pool study anticipates that most members will be Randolph residents; however there will be members from outside the community who will be required to pay a higher membership fee. The pool will also have an aggressive business plan that will be reviewed annually. This project is a community pool, not a water park, and management will not allow it to decline like the water park in East Brunswick.

Mrs. Federico commented that the proposed project is a community pool, so comparing the East Brunswick project to the Randolph project would not be accurate.

David Glasser, 19 Tulip Lane, believes that the residents have already voted in Randolph by electing the Council, whose guidance, along with the Township Manager, has helped maintain a AA+ bond rating.

Clora Seals, 8 Bragman Road, noted that if the pool was not able to support the debt service it would have to open to non-residents.

Manager Lovell responded that he had just stated that fact for the record a moment ago.

Judith Stewart, 114 Everdale Road, clarified that her suggestion for funding the pool would not cost members anything extra unless the pool fails. It is similar to the way sewer extensions are funded.

Sandra Brinker, 25 Bedminster Road, expressed her gratitude to the people who have been working on the pool study. However, she views this project as a “want”, not a “need”, and since the pool is proposed to be placed on public land for which taxpayers are still paying the debt service, the public should be allowed to vote on it.

Lee Whilden, 82 Radtke Road, noted that she is a part of the pro-referendum committee, however she is on record as being for a community pool in the past. She is concerned that this project will become a “Malibu on Millbrook”, excluding residents that can’t afford to join.

James Saso, 52 Sanford Drive, asked what the interest rate would be.

Manager Lovell responded that the interest rate varies all the time, however if the project went out to the market today, the tax exempt bond would likely be around four percent.

Mr. Sasso asked if there are plans that have been reviewed to see if a pool could work in the town and if the pool had a roof.

Mayor Obremski responded that there are plans, reports, and analyses that have been discussed for the last two years. It has also appeared on the web site and in the newspapers. Also, the pool would not have a roof.

Gail Kreitzer, 1 Revere Court and a member of the Pool Committee, stated that the committee has provided facts and proven beyond a reasonable doubt that the pool would be self-sustaining and self-liquidating, and that the pool would be a viable project for the community. She believes that those opposed to the pool are relying on gut feelings that the pool would fail, often not reading the reports or studies that have been done. She wonders where the opposition was for other projects involving tax dollars when they are so vocal for this project that will not rely on tax dollars. Her suggestion for those opposed to the pool would be for them to not join the pool.

Lee Schlatter, 505 Millbrook Avenue, stated that it’s not right for the people not to have any say for a private club which will be placed on public land.

Linda Johnson, 41 Valley Road, thanked all those who have worked toward bringing a pool to Randolph. She noted the vast experience of John Van Brunt in successfully running township amenities. Mrs. Johnson believes the independent study completed by Mr. Lovell contributed to the Local Finance Board waiving the five percent downpayment. She believes the pool plan to be conservative and designed to be affordable to the residents of Randolph. She also believes that in five or ten years it will be a thriving facility, enjoy a large capital reserve, will be constantly renovated to keep it state of the art, and looks forward to the Council adopting the bond ordinance and moving forward with the project.

Mrs. Stewart, 114 Everdale Road, asked if the pool could be used for events open to non-members.

Mayor Obremski responded that it could be.

Hearing no further comments, the Mayor closed the public portion of the hearing.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A SWIMMING POOL IN AND BY THE TOWNSHP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $5,500,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,500,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF” 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 adopt the ordinance. Deputy Mayor Mitsch seconded the motion.

The Mayor asked for comments from the Town Council.

Councilman Algeier commented that he did discuss the suggestion made by Mrs. Stewart at a previous meeting and that he did not consider it a practical solution. His reasons include:

  • There are restrictions under which you can impose a lien on people’s property, and he doesn’t believe a pool utility would fall under those guidelines
  • He doesn’t believe it would be good policy to impose requiring a bond to join
  • Requiring $5,000.00 would limit membership to the wealthy

The Councilman stressed that he is a senior citizen pondering retirement in the near future and shares the concerns of being on a fixed income. He has historically stated that he would not support a pool that would become a burden to the taxpayers. This proposal had to clear several hurdles to gain his support, including:

  • A profession study showing financial sense performed by a reputable company
  • An internal study performed by Randolph’s financial group
  • Review by Randolph’s bond counsel
  • Sufficient interest in pool membership to make it self-sustaining
  • Approval by the Local Finance Board

It is Councilman Algeier’s opinion that a council member should vote on an issue based on whether Randolph will benefit as a community. The reports and studies have shown the pool can be self-sustaining and will not cost the taxpayers additional dollars. The Councilman feels that Randolph will be a better community if a pool is built and will vote in favor of the ordinance.

Councilman Alpert noted that he would not vote for a pool that would cost additional tax dollars. He is troubled that the misinformation generated on this issue had created a wedge in the community. With all of the information that has been presented, it is his opinion that the pool will be self-sustaining, it will have a very positive impact on Randolph acting as a community center, and he will support the ordinance.

Councilwoman Price reiterated that the proposed pool has cleared numerous hurdles showing that it can be self-sustaining. It was her promise as a councilwoman to look at all of the information presented and analyze the data. She believes it will improve the community and will support the ordinance.

Councilman Napoliello believes the pool will be an asset to the community and act as a town center for neighbors to meet. As he has stated in the past, he would not support a pool that was not self-sustaining. It is his belief that the staff in Randolph has an impeccable track record for constructing and completing projects, along with managing those projects once completed. The Councilman thanked Mrs. Johnson and those on the Pool Committee for all their hard work. He will support the pool ordinance.

Councilman Metz stated that he volunteered to be a part of the Pool Committee to see if it could be self-sustaining. He would not be in favor of a pool that would require tax dollars. The Councilman feels positive about the pool because he and the other council members have taken the time to review all of the reports and studies generated. He also commented that he was saddened to learn of a flyer placed on cars at the YMCA, without their permission, containing misinformation. He doesn’t believe a referendum is necessary, believes the pool will make money for the town, and will support the pool ordinance.

Deputy Mayor Mitsch believes council members are elected to make leadership decisions and to think strategically about what is important for the township, not just in the present but also for the future. In her travels, both privately and professionally, she has learned that Randolph enjoys a fine reputation for its various amenities and the way they are managed. After two years, countless hours of research, and due diligence by the council, there is no reason to believe that the pool can not be self-sustaining and she will support the ordinance.

Mayor Obremski thanked the Pool Committee and all those others for their hours spent working on this project. He noted the Oath of Office the council members swear to upon taking office and believes that they are performing their duties to the best of their abilities with the information that has been presented to them. He thanked the members of the audience for their respectful comments and composure during the meeting. He believes the pool will be a benefit to the community and will support the ordinance.

Manager Lovell noted that there will be three votes on this issue this evening, the bond ordinance and two resolutions. The Manager noted the Chief of Police provided him with a letter citing several concerns related to the proposed pool, including:

  • Due to the proximity of the pool, will the firing range be closed
  • Potential parking problems for municipal staff
  • Traffic on Millbrook Avenue

The Manager responded to those concerns in the following way:

  • The firing range will not be closed. There will be a need for scheduling, but the problem is not insurmountable
  • The design layout for the pool will ensure there is adequate parking, and there is the possibility of using the middle school complex for parking
  • Traffic on Millbrook Avenue, which is at its peak during the times school begins and dismissal, eases when school is not in session. The pool and the schools would operate on different schedules.

Mayor Obremski noted that there has been a motion and a second on the ordinance and asked for the roll call for a vote to be taken.

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

Manager Lovell read the following resolution into the record:

R-170-07

WHEREAS, the Township of Randolph, County of Morris, New Jersey, desires to amend the 2007 Capital Budget of said municipality by inserting thereon or correcting the items therein as shown in such budget for the following reasons:

Construction of a Swimming Pool

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

AMENDMENT NO. 2
CAPITAL BUDGET OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY
Projects Scheduled for 2007
Methods of Financing
PURPOSEESTIMATED COSTDEBT AUTHORIZED
Construction of a Swimming Pool$5,500,000.00$5,500,000.00

BE IT FURTHER RESOLVED that two certified copies of this Resolution be filed with the Division of Local Government Services.

Deputy Mayor Mitsch made a motion to approve the resolution. Councilman Alpert 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

Manager Lovell noted that the following resolution came about as a recommendation by Councilman Algeier and read the following into the record:

WHEREAS, the Township Council of the Township of Randolph has reviewed and considered a December 7, 2006 “Final Report” prepared by the Randolph Pool Committee in consultation with Water Technologies, Inc., a consultant specializing in the analysis and design of municipal pools; and

WHEREAS, the Township Council has reviewed and considered an evaluation dated March 7, 2007, prepared by Township Manager John Lovell in consultation with Chief Financial Officer Michael Soccio, Bond Counsel Jack Kraft, and Director of Parks and Recreation John Van Brunt; and

WHEREAS, the Township Council authorized the distribution of a petition to determine if support existed for the purchase of pool memberships, critical to generating revenue in support of a pool; and

WHEREAS, said petition amassed in excess of 1100 names that were statistically verified; and

WHEREAS, the Township Council is now prepared to adopt a $5.5 million bond ordinance to construct a community pool on Millbrook Avenue; and

WHEREAS, the retirement of the bond debt, as well as the annual operating costs associated with the pool, are to be funded through revenues generated by the Aquatic/Recreation Center Utility; and

WHEREAS, the report generated by the Pool Committee in consultation with Water Technologies reviewed demographic data for Randolph Township and favorably compared said data against New Jersey communities with successful community pools; and

WHEREAS, based upon this data, the final report states “a self-sustaining, self-liquidating pool is viable for the Randolph community”; and

WHEREAS, the Township Council is confident that the pool will be self-sustaining through the generation of memberships and related revenues; and

WHEREAS, the Township Council wishes to provide further assurances that a pool will not require an increase in local tax rates for the future.

NOW, THEREFORE, BE IT RESOLVED by the Township Council as follows: The Township shall, at all times, persevere to ensure that an adequate balance is on hand in the Aquatic/Recreation Center Utility so as to manage any potential fluctuations in revenue collections.

FURTHER, should the Township at any time need to provide funds to the Aquatic/Recreation Center Utility, said monies shall be first assigned in the form of an “inter-fund loan” from the Randolph Parks Development and Redevelopment Trust.

FINALLY, BE IT RESOLVED that the Township Council, in adopting this resolution, fully expects the Aquatic/Recreation Center Utility to, at all times, be self-sustaining and will set and revise policies to further this expectation and avoid the need for inter-fund assistance.

Councilman Algeier stated that he does not want to move the resolution for the following reasons:

  • He fully believes the pool will be self-sustaining and self-liquidating and this resolution will not be necessary.
  • This resolution would have no binding effect on future councils should a budget issue arise. While it makes a statement, it has no real impact.
  • This resolution was offered as a compromise, or olive branch, to those opposing the project. However, the intent of the resolution has already been the subject of misrepresentation in the press.

Councilman Napoliello stated that he agrees with Councilman Algeier, particularly as it pertains to the misrepresentation in the press.

There was no motion on the resolution.

The Council took a five minute recess.

RECONVENE

Manager Lovell reminded the Council that there had been an open issue at the last meeting, the proposed development by Baker Residential, and it was indicated that Councilwoman Price, who was absent for that meeting, would be allowed to voice her position for the record during this meeting.

Councilman Napoliello expressed concern that Councilwoman Price was being asked to vote on a presentation that she was not present to hear or see.

Manager Lovell responded that there had been several presentations for which the Councilwoman was in attendance. At the previous meeting, Baker Residential was merely answering questions the Council had raised previously.

Mayor Obremski asked Councilwoman Price if she had had an opportunity to review the Manager’s email concerning the last presentation by Baker Residential.

Councilwoman Price responded that she had reviewed the email, and based upon the prior information that was presented by Baker and the information that was presented at the last meeting, she would vote no because of the traffic concerns and the desire to have more commercial development in that particular part of the Route 10 corridor.

Manager Lovell stated that he will advise Baker Residential of the Council’s decision.

(2) Ordinance #22-07: Vacating Township’s Interest in Block 116, Lot 34, Related to Municipal Tennis Courts and Roller Hockey Rink

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE VACATING ANY AND ALL INTEREST HELD BY THE TOWNSHIP OF RANDOLPH IN BLOCK 116, LOT 34, RELATED TO THE CONSTRUCTION AND OPERATION OF MUNICIPAL TENNIS COURTS AND THEN A MUNICIPAL ROLLER HOCKEY RINK” be read by title on second reading and a hearing held thereon.

Manager Lovell summarized the history of the Board of Education leasing the land to the township for use as a tennis court and then as a roller hockey rink. It was an agreement that served this township very well over the course of the years, but its purpose has come to an end and the Board of Education has asked for this land back so that they can use it for other purposes.

The Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, reported that the Board of Education is anxious to have this property back.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE VACATING ANY AND ALL INTEREST HELD BY THE TOWNSHIP OF RANDOLPH IN BLOCK 116, LOT 34, RELATED TO THE CONSTRUCTION AND OPERATION OF MUNICIPAL TENNIS COURTS AND THEN A MUNICIPAL ROLLER HOCKEY RINK” 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. Deputy Mayor Mitsch seconded the motion.

Councilman Algeier provided background on this issue and stated that he believes this is the right thing to do at this time.

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

(3) Ordinance #04-07: Ratifying a Revised Agreement Between the Township of Randolph and Morris County Municipal Utilities Authority for the Provision of Water

Manager Lovell suggested this issue be tabled to August 7, 2007.

Deputy Mayor Mitsch made a motion to table the ordinance to August 7, 2007. Councilman Alpert 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

B. Introduction

(1) Authorize Acquisition of Block 21, Lots 20 & 21, Known as the Del Ben Property Consisting of 33.92 Acres

Manager Lovell noted that this is a joint purchase with money coming from the County Open Space Trust Fund, Green Acres, and the lion’s share from the Morris County MUA, who wishes to protect this property.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 21, LOTS 20 AND 31, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (DEL BEN PROPERTY)” be introduced and 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 7th of August, 2007, at 8:00 p.m. 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 Napoliello made a motion to introduce the ordinance. 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

(2) Legal Defense and Indemnification

Manager Lovell stated that this ordinance will clarify the issue of representation when damages are sought against an employee.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE FOR THE DEFENSE OF CIVIL ACTIONS AGAINST AND THE INDEMNIFICATION OF PUBLIC EMPLOYEES OF THE TOWNSHIP OF RANDOLPH” be introduced and 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 7th of August, 2007, at 8:00 p.m. 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. Councilwoman Price 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

(3) Rezone Block 79, Lot 5, PO/R to R/PO

Manager Lovell noted that this ordinance covers a property that was missed during prior rezoning.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 79, LOT 5, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT” be introduced and 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 7th of August, 2007, at 8:00 p.m. 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 Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(4) Specify the Buffer Dimensional Requirements Applicable to the R/PO and B-2ENV Zones

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO SPECIFY THE BUFFER DIMENSIONAL REQUIREMENTS APPLICABLE TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT AND THE B-2ENV REGIONAL BUSINESS DISTRICT B ENVIRONMENTAL RESTRICTIONS” be introduced and 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 7th of August, 2007, at 8:00 p.m. 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 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

(5) Accepting the Dedication of Block 21, Lot 32.08, as Open Space From Rolling Hill Company

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 21, LOT 32.08, AS OPEN SPACE FROM ROLLING HILL COMPANY” be introduced and 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 7th of August, 2007, at 8:00 p.m. 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.

Councilman Algeier asked about the specifics of this property.

Manager Lovell responded that it is approximately 5.42 acres near Park Avenue which is within reasonable distance to other township property and will tie in with the Del Ben area.

Councilman Algeier asked to table this ordinance so that he can look at it more closely.

Township Attorney Buzak recommended the motions introducing the ordinance be withdrawn.

Councilman Alpert and Deputy Mayor Mitsch withdrew their motions to introduce the ordinance.

COMBINED ACTION RESOLUTIONS

Councilman Algeier asked to pull Item B.

Deputy Mayor Mitsch made a motion to approve the Combined Action Items with the exception of Item B. Councilman Alpert 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

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Taxes for 11 Richter Street to Wells Fargo Home Mortgage—$2,226.50

R-171-07

WHEREAS, Wells Fargo Home Mortgage has overpaid 2007 taxes by duplicate payment in the amount of $2,226.50 on Block 201, Lot 15.01, known as 11 Richter Street, assessed to Robert and Deborah Poetsch; 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 $2,226.50 to Robert and Deborah Poetsch.

(2) Refund Road Opening Cash Bond for Block 51, Lot 34, to Jacqueline Jensen—$300.00

R-172-07

WHEREAS, on May 16, 2007, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of connecting to the Township water system at 138 South Road, Block 51, Lot 34; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Jacqueline Jensen, 138 South Road, Randolph, NJ 07869.

(3) Refund Application Fee of $1,098.75 and Remaining Escrow Funds of $2,374.00 Plus Interest to Morris County Housing Authority, Affordable Housing Corp., 99 Ketch Road, Morristown, NJ 07960

R-173-07

WHEREAS, the Planning and Zoning Department received an application fee and escrow funds from Morris County Affordable Housing Corporation for Block 188, Lot 12; and

WHEREAS, the applicant has withdrawn its application prior to public hearing and is requesting a refund of the application fee in the amount of $1,098.75 (fifty percent of the original application fee) and remaining escrow funds in the amount of $2,374.00 plus interest.

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 application fee of $1,098.75 (minus the fifty percent of original application fee) and remaining escrow funds in the amount of $2,374.00 plus interest be refunded to Morris County Housing Authority, Affordable Housing Corp., 99 Ketch Road, Morristown, NJ 07960.

(4) Refund Overpayment of Taxes for Block 27.01, Lot 13, to Ralph Fucci—$2,010.01

R-174-07

WHEREAS, Ralph Fucci has overpaid 2007 taxes on Block 27.01, Lot 13, 102 Pleasant Hill Road; 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 $2,010.01 to Ralph Fucci.

(5) Refund Overpayment of Water Bill for 26 Selma Boulevard To Mark Cregar—$667.11

R-175-07

WHEREAS, Mark Cregar, 26 Selma Boulevard, was estimated for his water service for several quarters; and

WHEREAS, the township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. Cregar was overestimated for several quarters which resulted in an overpayment of $667.11; and

WHEREAS, Mr. Cregar requested a refund in the amount of $667.11.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $667.11 to Mr. Mark Cregar, 26 Selma Boulevard, Randolph, NJ 07869.

(6) Refund Overpayment of Water Bill for 12 Spring Brook to Mr. and Mrs. Robert Finkelstein—$431.40

R-176-07

WHEREAS, Robert and Jill Finkelstein, 12 Spring Brook Drive, Block 27, Lot 87.03, were estimated for their water service for several quarters; and

WHEREAS, the township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. and Mrs. Finkelstein were overestimated for several quarters which resulted in an overpayment of $431.40; and

WHEREAS, Mr. and Mrs. Finkelstein requested a refund in the amount of $431.40.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $431.40 to Mr. and Mrs. Robert Finkelstein, 12 Spring Brook Drive, Randolph, NJ 07869.

(7) Release Escrow For Tree Replacement Bond at 4 Fox Run to Thomas MacArthur—$2,000.00

R-177-07

WHEREAS, on September 26, 2005, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $2,000.00 covering a tree replacement bond for Block 208.03, Lot 119.03; and

WHEREAS, the property has been inspected and all of the requirements have been met.

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 $2,000.00 be refunded to Thomas MacArthur, 4 Fox Run, Randolph, NJ 07869.

(8) Release Escrow Funds for Police Detail to American Animal Hospital for $71.00 and Fletcher Creamer, Inc. for $142.00

R-178-07

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

American Animal Hospital $71.00 Fletcher Creamer, Inc. $142.00

(9) Refund Registration for Teen Camp Due to Child Being in a Severe Accident—Full Refund to Barbara C. Riecker—$800.00

R-179-07

WHEREAS, Barbara Riecker registered her grandchild for Teen Camp and paid the fee of $800.00; and

WHEREAS, her grandson will not be attending the Day Camp due to a severe accident the child was involved in.

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 $800.00 be refunded to Barbara Riecker, 16 Patriots Way, Mendham, NJ 07945.

(10) Refund Road Opening Cash Bond and Inspection Fee for 17 Cromwell Drive to Dara Siegel—$400.00

R-180-07

WHEREAS, on May 9, 2007, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond and $100.00 covering the inspection fee for the purpose of connecting to the township storm drain system at 17 Cromwell Drive, Block 38.01, Lot 2; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond and the inspection fee in the amount of $400.00 be refunded to Dara Siegel, 17 Cromwell Drive, Mendham, NJ 07945.

(11) Refund Overpayment of Water Service Charges for Block 31, Lot 4, to Mr. and Mrs. Laurie—$81.23

R-181-07

WHEREAS, Robert and Genine Laurie, 20 John Court, Block 31, Lot 4, were estimated for their water service for several quarters; and

WHEREAS, the township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. and Mrs. Laurie were overestimated for several quarters which resulted in an overpayment of $81.23; and

WHEREAS, Mr. and Mrs. Laurie requested a refund in the amount of $81.23.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $81.23 to Mr. and Mrs. Robert Laurie, 20 John Court, Randolph, NJ 07869.

B. Authorizing Morris County Open Space Grant Application for the Tucker Avenue Project

Acted on separately

C. Authorize Execution of TWA for Sanitary Sewer Extension Project For Beardslee Engineering Assoc.—Stewart Court, Denville

R-182-07

BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, New Jersey that issuance of TWA-1 Form for Stewart Court, Block 40301, Lots 17, 17.1, 17.2, 17.3, 17.4 and 17.5, Sewer Extension Project, in accordance with plans prepared by Beardslee Engineering Associates, is hereby endorsed; and

BE IT FURTHER RESOLVED, that the Township Engineer is hereby authorized to execute the TWA-1 Form and transmit them to the appropriate agencies.

D. Authorizing Mayor to Sign Agreement to Receive Grant Monies from State for Domestic Violence Training Reimbursement 2007

R-183-07

WHEREAS, Randolph Township wishes to receive an award from the State of New Jersey - Department of Community Affairs for the purpose of assisting with overtime expenses incurred when an off-duty officer is required to attend state mandated domestic violence training; and

WHEREAS, a total of eighteen officers, including supervisors, detectives, and patrol officers will receive training as a result of this award; and

WHEREAS, both parties agree to adhere to the terms and conditions found in the agreement known as Grant/Loan Agreement: 2007-04575-2316-00 - Domestic Violence Training Reimbursement 2007.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor shall be authorized to sign the Domestic Violence Training Reimbursement Agreement.

E. Authorizing Execution of Agreement Between the MCMUA and Randolph Regarding Del Ben Property

R-184-07

WHEREAS, the Morris County Municipal Utilities Authority (“MCMUA”) is empowered to take such steps as it deems necessary and appropriate to protect and preserve the water resources of the County of Morris; and

WHEREAS, in keeping with the implementation of such goals, the MCMUA seeks to enter into partnerships with other public entities and non-profit organizations in order to acquire land for such conservation and preservation purposes; and

WHEREAS, the Township of Randolph (“Township”) desires to purchase Block 21, Lots 20 and 31, known as the Del Ben property, which comprises a total of approximately thirty-four (34) acres as specifically set forth in an ordinance authorizing said acquisition to be presented to the Township Council on July 12, 2007, for introduction and for final passage on August 7, 2007; and

WHEREAS, Randolph Township and the MCMUA desire to enter into a Conservation Partnership Agreement setting forth the terms and conditions of a partnership for the acquisition of Block 21, Lots 20 and 31.

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

1. The general terms and conditions of the Conservation Partnership Agreement by and between the Township of Randolph and the MCMUA dated July 12, 2007, setting forth the terms and conditions of a partnership for the acquisition of Block 21, Lots 20 and 31, are hereby approved.

2. The Township hereby authorizes and approves any non-substantive modifications to the Agreement as may be recommended and approved by the Township Attorney and Township Manager prior to execution.

3. The proper Township officials, its Attorney, and Manager are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.

F. Rescind, Re-Award and Re-Bid MCCPC Contracts #25 (Janitorial Supplies) and #51 (Deer Carcass Removal and Disposal)

R-185-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a contract on June 7, 2007, to T&B Specialties, Inc., of Jackson, New Jersey; and

WHEREAS, T&B Specialties notified the MCCPC that they made an error in their bid and quoted a price for Item #26 (Rubbermaid Recycling Boxes) at $21.25 per case of six, whereas it should have been $21.25 each; and

WHEREAS, it is in the public interest to rescind T&B Specialties’ contract for non-compliance with the bid specifications and re-award the contract to the actual low bidder (Allen Paper & Supply Company) for Item #26 at $76.70 per case of six.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Item #26 of Category B (Utility Products) in Contract #25 (Janitorial Supplies) be rescinded from T&B Specialties, Inc., for non-compliance with the bid specifications and be awarded to Allen Paper & Supply Company, the actual low bidder meeting the specifications; and

WHEREAS, Deer Carcass Removal and Service of Cream Ridge, New Jersey was awarded Contract #51 (Deer Carcass Removal and Disposal) on June 7, 2007, for all members in the MCCPC throughout Essex, Hunterdon, Morris, Passaic, Somerset, Sussex, Union and Warren counties; and

WHEREAS, an error was made in the evaluation of the bids received for “Morris County” only taking the average of the three categories (a, b & c) to determine the low bidder. It has been determined that averaging the three categories was not in the best interest of the MCCPC; and

WHEREAS, it is in the best interest of the MCCPC to rescind a portion of Deer Carcass Removal & Service of Cream Ridge, New Jersey, contract for the category referencing “Morris County” only and re-bid this category as soon as possible.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a portion of the contract with Deer Carcass Removal & Service be rescinded that references the category “Morris County” members only, and re-bid as soon as possible.

G. Authorizing Rescission of MCCPC Contract for Fire Water Pumps Preventative Maintenance and Repairs Due to an Error Made by the Company

R-186-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a two (2) year contract on June 7, 2007, to Absolute Fire Protection Company, Inc., of South Plainfield, New Jersey, for Categories “A” and “B” of Contract #13-B (Fire Water Pumps—Maintenance & Repairs); and

WHEREAS, Absolute Fire Protection Company advised that an error was made in the preparation of their bid proposal in Category “A” (Maintenance Contract for Fire Water Pumps) which was bid as $75.00 each and it should have been $275.00 each for a two (2) year contract; and

WHEREAS, it is in the MCCPC’s interest to rescind the contract (Categories “A” and “B”) with Absolute Fire Protection Company and re-bid Contract #13-B (Fire Water Pumps—Maintenance & Repair) in its entirety since both categories must be awarded to one (1) vendor as a whole.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that MCCPC Contract #13-B (Fire Water Pumps—Maintenance & Repair), Categories “A” and “B” be rescinded from Absolute Fire Protection Company of South Plainfield, New Jersey.

H. Raffles

(1) Off-Premise Raffle, Randolph PTA Council, December 17, 2007, At the Randolph High School, 507 Millbrook Avenue, Randolph, NJ, 7:30 p.m. to 9:30 p.m.

Councilman Algeier expressed concern that language not restrict the property to solely passive recreation.

Manager Lovell responded that he will strike the word “passive”.

Councilman Algeier made a motion to approve Item B. Councilwoman Price 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

B. Authorizing Morris County Open Space Grant Application for the Tucker Avenue Project

R-187-07

WHEREAS, the Township of Randolph has considered several properties for the Morris County Open Space and Farmland Preservation Trust Fund grant program; and

WHEREAS, the Township has determined the Tucker Avenue project to be the most appropriate and competitive among those considered for recommendation to the Randolph Township Council; and

WHEREAS, the grant application requires a public hearing on the proposed properties including advertisement of same and the Township Council’s authorization to proceed with the grant application.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a public hearing on the 2007 Morris County Open Space and Farmland Preservation Trust Fund grant application was held on July 12, 2007, as advertised, and that the Mayor, Township Manager, and Assistant Township Manager are hereby authorized to complete and execute all forms associated with this grant application.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, stated that the Council did a nice job this evening and spoke about the good acoustics in the room.

Adam Zyto, 18 Alpine Drive, made several comments, including:

  • His desire that the Council be more balanced in their condemnation of inaccurate letters published in the newspaper, both for and against the pool.
  • His distaste for the Chairwoman of the Pool Committee calling those opposed to the pool project as negative or without vision for Randolph
  • His diligent pursuant of information from many sources regarding the pool project
  • The Council’s generalization that all those requesting a referendum have either not read the reports, are negative, or are without vision
  • The Council’s insufficient response to the first attempt to bring this issue to referendum, thereby bringing about the action under the Faulkner Act
  • Issues other than raised taxes, including traffic and affordability

Mr. Zyto concluded that his views, and those who share his view, are equally important as those who want a pool in Randolph.

Mayor Obremski asked for clarification whether the petition for a referendum was being circulated under the Faulkner Act.

Township Attorney Buzak responded that it is unclear at this time since they have not yet seen a petition.

Judith Stewart, 114 Everdale Road, reiterated her belief that the town needs to do more to encourage recycling and asked about the recycling efforts in Town Hall. She informed the Council that she has signed the petition calling for a referendum because the Council did not consider her suggestion for either bonding through memberships or tabling the ordinance and she expects the referendum to fail. Mrs. Stewart asked when the next Council meeting will be held.

Mayor Obremski responded that the next meeting is August 7, 2007.

Hearing no further comments, the public portion was closed.

COUNCIL COMMENTS

Councilwoman Price reported that Cablevision will be providing DVDs of the parade which can be forwarded to folks that don’t subscribe to Cablevision.

Councilman Napoliello commended Geoff and Arlene Price on the work they did on the Freedom Festival Parade. He reported that the Parks Committee and Recreation Committee toured Stonybrook Camp and was impressed by the renovations and improvements at the camp.

Mayor Obremski reported that John Van Brunt has been approached by a local business owner who is considering installing a turf field on township property near the Aspen Ice industrial park. Mr. Van Brunt will be asking the Council for guidance and direction for the Parks Committee on this issue. The Mayor reported that there was a vacancy on the Library Board of Trustees. He nominated Kathy Algeier as a member of the Library Board of Trustees.

Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Algeier

Manager Lovell responded to Mrs. Stewart that our custodian does recycling separation for us. Employees are encouraged to recycle, however, we don’t enforce that guests in the building recycle.

EXECUTIVE

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 10:34 p.m.

Donna Marie Luciani
Township Clerk