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: June 7, 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

Julie Hooper, 71 Everdale Road, asked what Mayor Obremski was referring to in a newspaper article where he said that Randolph must compete with other towns.

Mayor Obremski explained that Randolph competes with surrounding towns such as Mendham and Roxbury when people are looking for a place to live, and therefore Randolph should make itself as desirable as possible through the various services and attractions we offer.

Mrs. Hooper asked that, since she guarantees the pool will not be self-sustaining, wording be placed in the proposed bonding for the pool that would restrict the town from going to the taxpayers if the pool is not able to support itself through memberships.

Mayor Obremski responded that it is Mrs. Hooper’s opinion that the pool will not be self-sustaining and that no one can guarantee that the pool would not be self-sustaining.

Mrs. Hooper responded that the Mayor and Council has guaranteed that a pool would be self-sustaining.

The Mayor stressed that he has never guaranteed whether or not a pool would be self-sustaining, however the information provided over the past two years has shown that it can be self-sustaining.

George Szatkowski, 68 Fords Road, recalled when he was running for Council in the 1980’s and a popular candidate lost the election because he did not consider the will of the people. He believes that the pool issue should be placed on a referendum.

Lee Whilden, 82 Radtke Road, stated that she is for citizens’ rights and is looking for a democracy that considers the will of the majority with protection for the minority.

Rich Trezza, 20 Mt. Freedom Avenue, noted that he lives next door to the Randolph Garden Center and asked the Council for assistance with a continuing noise, truck traffic and dirt problem emanating from the garden center. He provided the Township Manager with a petition signed by residents in his local neighborhood concerned about the noise issue.

Manager Lovell noted that he has discussed this issue with the Township Attorney on several occasions. He has also spoken with the owner of the garden center who acknowledges that there is a problem, however he only has a limited time to generate his income. Most towns have the noise ordinance as part of their health statutes, but Randolph does not.

Mayor Obremski asked if there was any way to put the noise ordinance in the health statutes.

The Manager responded that it would be possible, however, by fixing this one problem other problems would be created, so this would not be easily resolved.

The Mayor stated that the Council will review the petition and asked the Manager for an update in the near future.

David Glasser, 19 Tulip Lane, provided an equation that showed if the pool generated zero membership and could not support itself, the taxpayers would need to pay $61.00 per year. Zero membership is highly unlikely in a town that supports four elementary schools with roughly 500 students in each. He believes property values will increase if a pool is built and would like to know how many of the people who have signed the petition opposing the pool either have pools of their own, are members of Shongum Lake, have access to shore homes, or have no young children in the home. He challenged the Randolph Reporter to print an article about the $61.00 in an effort to educate the residents and show them what all the fighting is about.

Jodi Federico, 9 Country Lane, is in favor of a pool and believes that the Pool Committee has proven beyond a reasonable doubt that it can be self-sustaining. She believes her rights to have a community pool will be denied if the committee opposing the pool places this issue on a referendum. She stated that some of the people signing the petition opposing the pool are being given fraudulent information by the committee chaired by Mrs. Ludwig. This pool would be a tremendous advantage to elderly and handicapped members who would benefit from having access to the exercise afforded by a pool.

Nancie Ludwig, 14 Lookout Road, reiterated her belief that the people signing her committee’s petition simply want the issue placed on a referendum so that everyone can vote and asked for the Council to support their petition calling for a referendum on the bond ordinance. She offered a web site, randolphpoolpetition.com, where residents can go for more information.

Barbara Waldron, doesn’t believe that a pool can be self-sustaining, is concerned for seniors paying additional taxes, and would like to see the issue placed on a referendum.

Sandra Brinker, 25 Bedminster Road, stated that, as a Faulkner town, Randolph residents have the right to initiative, referendum and recall. While she does not want to punish those residents in favor of a pool, she would like this issue to go to referendum so that all residents can have a vote on something as important as this.

Tim Freeman, 10 Lookout Road, stated that he is on the committee petitioning for a referendum and noted that when the committee was formed, the primary issue was whether or not the pool issue deserved to be put before the public and whether or not a majority of taxpayers should decide how they want their tax dollars spent. He is concerned about the bond issue where taxpayers would have to pay should the pool default.

Bob Sandberg, 7 Iron Forge Lane, noted that he supports a pool in Randolph and pointed to the online petition signed by 1100 families indicating they would pursue membership, as well as all the other residents interested in joining a pool who did not know such a petition was in place.

Edward Dorsey, 137 High Street, believes this issue should be in front of the people and favors a referendum and stated that the Council is comprised of elected officials who are supposed to do what is in the best interests of the majority of the people they serve.

Mr. Crupi, 25 Birchwood Road, stated that $5.5 million could be better spent on a paid fire department, paid rescue workers, or improved sewer systems in town instead of a pool.

Linda Johnson, 41 Valley Road and chair of the Pool Committee, stated that the Pool Committee was asked by the Council to determine whether a site existed in town for a pool and whether or not a pool could be self-sustaining. Over the past 2 1/2 years the committee has worked very carefully and conservatively to provide information showing a site existed and that a pool could be self-sustaining. All the members are taxpayers. The idea expressed that pool members will deplete themselves over the years is not realistic as people move in and out of town all the time and families will be interested in membership. In case of an economic downturn, people forego summer vacations but would likely be willing to pay membership fees for a pool they could use everyday during the summer. Mrs. Johnson is happy that the Council has gotten to the point where the bond issue has been raised. She has confidence in the information her committee has provided, noting that it is a modest pool costing approximately $5.5 million and requiring membership of only 8 to 9 percent of the town’s residents to make it self-sustaining.

Lee Whilden, 82 Radtke Road, commended Mrs. Johnson on all of her hard work on behalf of the pool. Mrs. Whilden has long been a child advocate, she does extensive work with the League of Women Voters, and she does not think that the pool issue should polarize the town. She was offended this evening when she offered a copy of an article to Mrs. Johnson, who proceeded to tear up the article in front of Mrs. Whilden.

David Glasser, 19 Tulip Lane, noted that the Council will be voting this evening on other issues costing approximately $4 million and nobody is expressing any concern about that. He thanked the Council for doing what he believes is the right thing.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price updated the Council on the Freedom Festival and parade.

Councilman Napoliello presented Mayor Obremski with a plaque in honor of Randolph’s senior citizens winning the Senior Olympics.

Manager Lovell stated that Items N, O, and P on tonight’s consent agenda are being pulled.

ORDINANCES

A. Introduction

(1) Bond Ordinance Providing for the Installation of a Swimming Pool—$5.5 Million and Resolution Amending Capital Budget for Swimming Pool

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 introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 12th of July, 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.

Manager Lovell reiterated relevant points concerning this ordinance, including:

  • This ordinance is in the amount of $5.5 million
  • Randolph will meet with the Department of Community Affairs to request a five percent down payment be waived on July 11
  • These are general obligation bonds
  • The debt schedule as presented as part of the study may not be the actual debt schedule used for these bonds
  • If construction goes forward, Randolph will borrow short term and make a determination in a few years as to long term financing
  • These bonds will be carried for a 20 year period

The Manager is asking the Council to introduce the ordinance and set a public hearing date where the ordinance will be open for debate by the general public.

Councilman Algeier stated that he is a senior citizen, has lived in Randolph for thirty years, and he shares a lot of the concern that was expressed tonight by the public. He reiterated his position that if public funds are to be used for the pool, he would not vote in favor of it.

Councilman Alpert expressed strong feelings that taxpayer dollars not be used to fund a pool utility. He believes the consultant that performed the study and provided expertise should be given a certain amount of credibility rather than that given to people who may not be experienced in this field. The Councilman is concerned that this issue has polarized Randolph residents through misinformation and believes a pool would have a positive impact on the community.

Councilman Metz summarized steps taken by the Pool Committee to complete their study on whether a pool could be self-sustaining. During the 2 1/2 year process, some complaints were made that the Pool Committee was taking too long to complete their report, and now that the reports and further studies have been done, those complaints have turned around to the Pool Committee is trying to rush the pool through. Water Technology, Inc. completed their study which noted that a pool in Randolph could be self-sustaining. Further studies were done independently by the Recreation Director, the Finance Director, and the Township Manager which came to the same conclusion. Reviews were also done by the State of New Jersey, Randolph’s Bond Counsel, and the Town Council, also reaching the same conclusion. The Councilman offered a list of twenty towns where pools have been running as self-sustaining entities for years, and believes that a pool in Randolph would operate just as those do. He doesn’t understand where the people who insist that it would not be self-sustaining get their information from when all of the data presented points to a pool that would be self-sustaining. The Councilman reiterated the fact that Randolph operates very fiscally responsibly, enjoys a AA+ bond rating, and maintains one of the lowest property tax increases in Morris County over a ten year period. He is in favor of a pool and believes it will add to the value of the community and may possibly generate revenue for Randolph.

Councilwoman Price commended the Pool Committee for all of the hard work and research that went into their report and echoed Councilman Metz’s comments that Randolph is run very efficiently. She made it clear that she believes a pool would be self-sustaining and would be a valuable asset to the town. Should the pool begin to lose money years down the road, the business plan could be changed to return it to the point that it would again be self-sustaining. However, she appreciates the public’s right to have a say in the democratic process. Because the pool would be built on public land paid for by tax dollars where only members would be allowed access, she would agree to a referendum where all taxpayers can have a say in the matter.

Councilman Napoliello noted that the current pool process began when he took office as Mayor in 2005 and asked that a Pool Committee be formed and gave them their directive. This was done because he saw a renewed interest by residents to build a community pool. At the time he asked the Pool Committee to prepare a report, he said that he would not support a pool if it could not be self-sustaining and taxpayer dollars were needed to fund it. The Pool Committee submitted their findings that there was a suitable location for a pool, cost estimates for the pool, and that there was enough interest to make the pool self-sustaining. Further studies and reviews were done, all coming to the same conclusion as the Pool Committee. An online petition of people who intend to join the pool was undertaken, and those results will be presented to the Department of Community Affairs as a show of good faith that interest exists to satisfy their requirements in granting a waiver of a five percent downpayment. The Councilman is convinced that this pool will not add to the property taxes and intends to vote yes for a community pool in Randolph.

Deputy Mayor Mitsch noted that this current pool process has been on-going for almost two years, during which time there has been multiple layers of research and due diligence. She believes that, by virtue of the bond rating that Randolph maintains, the township is in competent financial hands and that there is no reason to think that a pool would not be run efficiently and judiciously. The Deputy Mayor senses that there is a vast number of people who do not understand how the pool would function. This $5.5 million bond would not become a line item in the budget, but will be financed by the pool utility which membership will finance and pay the bond down. She doesn’t understand why some people in the community are trying to derail the project when they are operating on misinformation. Deputy Mayor Mitsch feels that all of the exercises that have been gone through during this process show that membership in support of this facility is in place and it should not be voted down by those residents who have no intention or desire to join the pool. She plans to support the bond ordinance.

Mayor Obremski asked if language could be inserted into the bond ordinance stating that if the pool was operating on a shortfall, then money could be used from the Parks Development and Redevelopment Trust Fund as a loan to the utility as a way to assure the public that it will not be placed on taxpayers’ shoulders.

Manager Lovell responded that that would be a policy decision of the Council but would not recommend modifying the language at this time. Should a shortfall in the utility occur, future councils would have options to address the shortfall.

Mayor Obremski asked if his suggestion was a viable option.

The Manager replied that it was.

Mayor Obremski stated that he had submitted a letter to the Daily Record, which was edited and cropped. In the interest of setting the record straight, the Mayor read the letter in its entirety into the record, as follows:

On June 7, the Township Council introduced a bond ordinance, which, upon adoption, will appropriate $5.5 million. The money will be used to construct a “state of the art” community pool on Millbrook Avenue next to Town Hall. The bond obligations and operating costs for the community pool will be met through a “utility” supported by annual memberships and, to a lesser degree, miscellaneous revenues generated through the use of the pool facilities.

A public hearing on the bond ordinance is tentatively scheduled for 8 pm on Thursday, July 12, 2007. The timing of the hearing is contingent upon the state of New Jersey providing a favorable response to a pending application on the proposed bonding which seeks to waive a cash appropriation equaling five percent of the total. The process, to this point, has been a thoughtful and careful exercise for the community. Work on the concept began in February 2005 when a Pool Committee was organized and charged with the task of studying whether a self-sustaining, self-liquidating pool was possible in Randolph. Now almost two and one half years later, Randolph has arrived at a point where an informed decision can be made. I am of the opinion that the community pool makes sense for Randolph and I offer the following in support of this position:

Make no mistake about it; Randolph is a “family” community. We pride ourselves on a quality of life, linked to a variety of facilities and services. Many of these attributes make Randolph an ideal community in which to live and raise a family. We pride ourselves on the beautiful parks, trail system and many acres of preserved open space. A community pool will add still another feature to Randolph enhancing our town’s reputation as a place for families to grow and play.

I ask residents to recognize that our town must compete as a desirable community in a region replete with impressive zip codes. I reiterate, the town must compete, not only today, but in the years to come. For many of us, our home represents our single largest asset. The growth in residential values, especially in a fluctuating market, is linked to a community’s reputation and “livability”. In turn, a town’s reputation is defined by a variety of attributes, including the quality of life afforded through public amenities. A family-based residential community can only benefit from a community pool providing summer recreational opportunities and a gathering place for its residents that does not currently exist within our borders.

In the last several months, I have heard suggestions that the population in support of a pool will not materialize when it is time to sell memberships. I have also heard comments from opponents that an economic downturn will hurt memberships. I do not agree with, and reject, both premises. In recent weeks, the Township collected the names of over eleven hundred families willing to purchase memberships. I further believe that the pool will be a critical recreation resource for families who cannot afford a shore home or an extended vacation. The fact of the matter is that a $550 membership fee, combined with a one-time deposit of $100, will provide families with the opportunity to enjoy a state-of-the-art pool complex from the Memorial Day weekend to Labor Day, ten minutes or less from their front door. I also have confidence that our pool will be well maintained and updated over the coming years to keep it attractive ensuring a consistent membership base.

The Township employed a nationally recognized consulting firm specializing in pool planning and design. Water Technology, Inc, in conjunction with Randolph’s Pool Committee volunteers and the township’s Director of Parks, Recreation and Community Services, developed a report detailing a design layout, capital improvement costs, and operational budget. Water Technology further reviewed Randolph’s demographic data against similar towns with community pools, concluding that the proposed project would be both viable and sustainable as a financially independent utility.

In January of this year, the Township Manager was charged with the task of reviewing the financial data. The Manager reported back to the Council several findings. John Lovell, based on his review, concurred with the findings of Water Technology, Inc, and the Pool Committee that a pool in Randolph could be built without reliance on tax support. Most significantly, he reported that the proposed financing plan would require an approval from the NJ Department of Community Affairs. Such an approval would be contingent upon providing tangible evidence that an adequate membership base exists to support a utility. A goal was set to collect 1000 membership names via a petition. This was accomplished in a matter of weeks. Further, the Pool Committee statistically verified petitions to ensure the integrity of the signers. I believe that this exercise was invaluable and provides the needed evidence to not only the NJ Department of Community Affairs, but to the township council as we prepare for the bond vote.

Last fall the public considered a “non-binding” referendum for the development of a new library. I supported placing the question in front of the voters as our Township Manager had advised that the project would increase property taxes by $140 on the average home assessment. This increase would have been in place for the next twenty years. I, along with my fellow Council members, understood that the tax increase for a new library would be on top of the tax increases necessary to support school, municipal and county government functions.

We felt an obligation to ask voters how they felt about an additional tax increase so as to avoid a situation where a new library was built, but service cutbacks result to minimize the tax impact. While I thought that a new library would be of value to our quality of life in Randolph, the public rejection, as evidenced by the referendum results, demonstrated residents’ concerns over taxes.

In contrast, the community pool will be supported by a utility entitled the Aquatic/Recreation Center Utility. As noted earlier, memberships and miscellaneous fees will provide the revenues. Again, I must reiterate that the Town, on relatively short notice, eclipsed 1,100 membership petitions. Clearly, this level of support is indicative that a utility for a community pool can enjoy financial independence as opposed to relying upon property taxes. The state only allows utilities to be created in the case of water, sewer and community pools. The creation of utilities and their incumbent improvements are not customarily submitted to the voters for approval because they will be self-funded. I am confident that the pool meets this criterion based on the various reports and reviews presented to the council.

The Township Council, Manager and Staff are guided by our mission statement:

“THE RANDOLPH TOWNSHIP MUNICIPAL ORGANIZATION STRIVES TO MAKE THE TOWNSHIP OF RANDOLPH THE BEST IT CAN BE BY PROVIDING EFFECTIVE GOVERNANCE, ENHANCED CUSTOMER SERVICES, AND EXCELLENT COMMUNITY FACILITIES.”

Of more than 550 municipalities in New Jersey, only seven towns enjoy a Standard and Poors bond rating equal to Randolph. Our parks, open space assets, and trail system are often referenced as some of the best in the region. Randolph enjoys a wonderful school system and one of the top high schools in the nation. These observations are not coincidences, but reflect the thoughtful efforts of our Township Council, Board of Education, professional staffs, and selfless volunteers both past and present.

We make decisions based upon what we believe will strengthen our town and ensure a prosperous future for citizens. A community pool is the right choice for the town and I will vote ‘Yes’ on the bond ordinance.

Deputy Mayor Mitsch made a motion to introduce the bond ordinance and approve the resolution amending the Capital Budget. Councilman Metz 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 Algeier stated that he thinks the suggestion concerning the Parks Trust Fund is a good one and agrees with the Manager about not changing the ordinance at this time due to legal issues that would need to be addressed. However, there is nothing that prevents the Council from drafting a resolution indicating money be taken from the Parks Development and Redevelopment Trust Fund should a shortfall occur with the pool. He senses it would add a layer of protection and help to alleviate people’s fears that tax money would be used. Councilman Algeier asked the Manager to draft such a resolution to be adopted at the next Council meeting. Additionally, he would ask that the people circulating the petition requesting a referendum make it clear to those signing the petition that this resolution will add an extra layer of protection as an indication of their good faith and assurances that they are getting the correct information out to the public.

Councilman Napoliello stated that he agrees and thinks the Council ought to adopt such a resolution.

R-143-07

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.

(2) 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 introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 12th of July, 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.

Manager Lovell stated that in the early 1970’s the Town Council entered into an agreement with the Board of Education to lease land for the development of tennis courts. That land is no longer used for that purpose and he would like to vacate that agreement and lease so that the Board of Education can use that land for educational needs.

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

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

NAYS: None

B. Second Reading and Public Hearing

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

Manager Lovell stated that this issue should be tabled to the July 12, 2007 meeting.

Councilman Alpert made a motion to table the ordinance until July 12, 2007. Councilman Algeier 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) Ordinance #13-07: Amending Salary and Wage Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, stated that some of the salaries seem to be unfair. She asked if salaries were indicative of longevity in the organization and if percentage or merit increases were used.

Manager Lovell responded that they are used. He also stated that there are five bargaining units which negotiate increases.

Mrs. Whilden asked about the salary increase for the Mayor and if that was a new concept this year.

Manager Lovell responded that it is a new concept and explained that the salary for the Mayor is increasing $2,500.00 as a result of comparisons to other mayors’ salaries in other communities as well as a change in state law stating that mayors can no longer receive compensation for performing weddings.

Mrs. Whilden asked if this would create friction among the council members.

The Manager stated that is not likely due to the fact that the Mayor has significantly more duties than council members, as well as having to put money out of pocket for expenses associated with those duties.

Mrs. Whilden suggested the Mayor abstain from voting on the salary increase.

Mayor Obremski responded that he intended to abstain.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” 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 Alpert made a motion to adopt the ordinance. Councilman Metz 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

NAYS: None

ABSTAIN: Mayor Obremski

Councilman Algeier stated that his vote to increase the mayor’s salary reflected his personal experience of how much time and personal expense is expended performing the duties of mayor. The job has changed exponentially over the years since the concept of the Faulkner Act when all the council members would do the same job except that the mayor would run the meetings. In reality today, that is not the way it works.

(3) Ordinance #14-07: 2007 Capital Ordinance Appropriating $791,000.00 Road Overlay, Heistein Park Trail, Park Improvements, Mobile Data Terminals

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2007 CAPITAL IMPROVEMENTS APPROPRIATING $791,000.00, THEREFORE, INCLUDING $566,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $135,000.00 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION; $10,000.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; $30,000.00 FROM THE RESERVE FOR IN LIEU OF TRAILS/SIDEWALKS AND $50,000.00 FROM CAPITAL SURPLUS” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting for public hearing. Seeing no one, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHP OF RANDOLPH PROVIDING FOR VARIOUS 2007 CAPITAL IMPROVEMENTS APPROPRIATING $791,000.00, THEREFORE, INCLUDING $566,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $135,000.00 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION; $10,000.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; $30,000.00 FROM THE RESERVE FOR IN LIEU OF TRAIL/SIDEWALKS AND $50,000.00 FROM CAPITAL SURPLUS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Metz made a motion to adopt the ordinance. 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

(4) Ordinance #15-07: 2007 Bond Ordinance Appropriating $580,000.00 Fire Equipment, DPW Equipment, Park Equipment, Network Data Center Improvement

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $580,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $350,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a bond ordinance to purchase equipment and this debt will probably be retired in five to ten years depending on the market. One important aspect of this is Randolph’s share of the self-contained breathing apparatus for the fire department, for which a federal grant of $225,000 was received thanks to the efforts of former Fire Chief Mark Forstenhausler.

The Mayor opened the meeting for public hearing. Seeing no one, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $580,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $350,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF 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.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilman Algeier 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 Algeier asked that a letter be sent to Congressman Frelinghuysen’s office thanking him for his efforts.

(5) Ordinance #16-07: Amending Chapter 48, Traffic and Vehicles to Conform With NJDOT Reference Requirements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CHANGING THE CHAPTER AND SECTION NUMBERS OF, AND AMENDING SECTIONS 48-51, 48-52, 48-72, 48-73, 48-132, 48-371 AND 48-476 OF CHAPTER 48, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that his ordinance was required by the NJDOT.

The Mayor opened the meeting for public hearing. Seeing no one, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CHANGING THE CHAPTER AND SECTION NUMBERS OF, AND AMENDING SECTIONS 48-51, 48-52, 48-72, 48-73, 48-132, 48-371 AND 48-476 OF CHAPTER 48, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Metz made a motion to adopt 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

(6) Ordinance #17-07: Amendment to Article IX, Emergency Towing and Road Service to Conform With Public Bidding Contract Award

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO ARTICLE IX, EMERGENCY TOWING AND ROAD SERVICE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO DELETE ALL OF ARTICLE IX DUE TO AN EXISTING CONTRACT FOR TOWING SERVICES” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that towing services for Randolph Township is now put out to public bid.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if the bids have been received for towing.

Manager Lovell responded that a contract is in place.

Mrs. Whilden asked if bidding was competitive.

Manager Lovell responded that our towing vendor charges a marginal rate with hopes that he will get the repair work associated with the tow. Automobile owners can choose to use their own services as long as the towing can be done in a reasonable time frame.

Hearing no further comments, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO ARTICLE IX, EMERGENCY TOWING AND ROAD SERVICE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO DELETE ALL OF ARTICLE IX DUE TO AN EXISTING CONTRACT FOR TOWING SERVICES” 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 Alpert made a motion to adopt the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Mitsch

(7) Ordinance #18-07: Amending Chapter 2—Re-Establishing the Police Matron Position

BE IT RESOLVED that an Ordinance entitled “AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 10, DEPARTMENT OF POLICIES AND EMERGENCY MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF SECTION 2-332, POLICE MATRONS” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the police matron title will be bestowed upon some of the clerical employees as well as crossing guards and some other part time individuals who serve the township. Police matrons were inadvertently dropped in an ordinance amendment in 1999, so they are being reinserted with this language.

The Mayor opened the meeting for public hearing. Seeing no one, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 10, DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF SECTION 2-332, POLICE MATRONS” 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 Alpert made a motion to adopt the ordinance. Councilman Algeier 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

(8) Ordinance #19-07: Amending the Land Development Ordinance—Rezoning Block 18, Lot 16, From I-1 to B-2

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 18, LOT 16, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE I-1 INDUSTRIAL DISTRICT ZONE TO THE B-2 REGIONAL BUSINESS DISTRICT ZONE” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting for public hearing.

Sandra Brinker, 25 Bedminster Road, stated that she went on the web site to look at this ordinance and was very impressed with how easy it was to navigate through and thanked the people responsible.

Hearing no further comments, the public hearing was closed.

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 18, LOT 16, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE I-1 INDUSTRIAL DISTRICT ZONE TO THE B-2 REGIONAL BUSINESS DISTRICT ZONE” 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.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilwoman Price seconded the motion.

Township Attorney Buzak noted that the record should reflect that this ordinance was referred to the Planning Board of the township as required by law. The Planning Board considered the ordinance at their May 31, 2007, meeting, it was found to be consistent with the Master Plan, and it has the consensus of the Planning Board.

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

(9) Ordinance #20-07: Amending the Land Development Ordinance—Changing a Portion of the PO/R Zone to R/PO

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO ADD A NEW ZONE ENTITLED THE ‘R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT’ AND TO REZONE CERTAIN PROPERTIES” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that one property was missed in the advertising of this ordinance, Block 79, Lot 5. That lot will not be considered with this ordinance this evening. A separate ordinance will be introduced dealing with that lot.

Township Attorney Buzak stated that the ordinance will be considered as is. The ordinance will not be amended, but since it was not shown in the text of the ordinance, it will not be effective as to that property, Block 79, Lot 5. Zoning changes on that property will be done by separate ordinance.

The Mayor opened the meeting for public hearing.

An attorney representing The Learning Experience spoke regarding Block 76, Lots 7 and 8. The Learning Experience has had an application pending before the Planning Board for close to two years. A prior attempt to rezone this property was denied due to a split vote by the Council in January of 2007. The Planning Board denied their application due to traffic concerns. It is his opinion that rezoning this property is unnecessary and inappropriate since it does not comply with requirements for the municipal land use law or the Master Plan, and he summarized why he believes this to be true and why the ordinance should be defeated.

John Smallwood, 3 Johnson Place, stated that he lives directly across from the proposed development and residences surround key parts of it. He asked if this area was originally zoned as residential but was changed for some reason a few years ago to P/OR. Traffic in that area is often a serious problem.

Howard Brennan, 8 Birch Street, asked if going from P/OR to R/PO will hurt him as a resident or if a business close to him wishes to expand, will that hinder his property.

Councilman Algeier responded that this ordinance would protect residential areas in the community and make it more difficult for a business to expand closer to surrounding residences.

Hearing no further comments, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO ADD A NEW ZONE ENTITLED THE ‘R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT’ AND TO REZONE CERTAIN PROPERTIES” 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.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilman Alpert seconded the motion.

Township Attorney Buzak noted that the record should reflect that the Planning Board reviewed this ordinance for consistency with the Master Plan and their consensus was in favor of the ordinance.

Councilwoman Price noted that when this ordinance was first reviewed in January, several applications were before the Planning Board or Board of Adjustment and it was thought to be unfair to change the rules midstream. She asked if a decision had been rendered for The Learning Experience.

Manager Lovell responded that the application for The Learning Experience had been denied by the Planning Board.

Councilwoman Price asked if grandfathering applications currently before the Board of Adjustment or Planning Board would take place if this ordinance is passed.

Deputy Mayor Mitsch stated that the Planning Board’s decision to deny The Learning Experience’s application was not based solely on traffic concerns, but also safety concerns for the children and employees using that facility.

The following roll call vote was taken:

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

NAYS: Councilwoman Price

COMBINED ACTION RESOLUTIONS

Manager Lovell noted that Items N, O, and P have been removed from the agenda.

Deputy Mayor Mitsch made a motion to approve the Combined Action Items. Mayor Obremski 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 2007 Taxes for 102 Pleasant Hill Road to Signature Closing Services, LLC—$1,538.10

R-144-07

WHEREAS, Signature Closing Services, LLC, has overpaid 2007 taxes by duplicate payment in the amount of $1,538.10 on Block 27.01, Lot 13, known as 102 Pleasant Hill Road, assessed to Ralph Fucci; 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 $1,538.10 to Signature Closing Services, LLC.

(2) Refund Tree Bond for Block 225, Lot 4, to Susan and Jay Holiday—$600.00

R-145-07

WHEREAS, a tree bond in the amount of $600.00 was previously posted by Susan and Jay Holiday for Block 225, Lot 4, 77 Musiker Avenue; and

WHEREAS, the requirements have been met and 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 that the tree bond in the amount of $600.00 be refunded to Susan and Jay Holiday, 77 Musiker Avenue, Randolph, NJ 07869.

(3) Refund Escrow Funds for Police Detail to Randolph Township Board of Education—High School Athletic Fund—$304.00

R-146-07

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:

Randolph Township Board of Education—High School Athletic Fund: $304.00

(4) Refund Road Opening Cash Bond for 5 Glen Road, Block 153.01, Lot 11, to Linda Matula—$300.00

R-147-07

WHEREAS, on April 4, 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 storm drain at 5 Glen Road, Block 153.01 and Lot 11; 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 Linda G. Matula, 5 Glen Road, Randolph, NJ 07869.

(5) Refund Registration for 2 Children to Summer Stages to Mrs. Sevola—$875.00

R-148-07

WHEREAS, Mrs. Sevola registered her two (2) children for SummerStages and paid the fee of $900.00 in total; and

WHEREAS, Mrs. Sevola is requesting a refund because their two (2) children will not be attending the SummerStages due to her one child getting accepted for a role at NJPAC/WYACT. The required practices will not allow her children to attend as planned.

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 $875.00 ($900.00 less $25.00 processing fee) be refunded to Mrs. Sevola, 6 Roberts Road, Randolph, NJ 07869.

(6) Release Road Opening Cash Bond for 307 Millbrook Avenue, Block 50, Lot 112.01, to Gail Catania—$300.00

R-149-07

WHEREAS, on August 7, 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 307 Millbrook Avenue, Block 50 and Lot 112.01; 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 Gail Catania, 307 Millbrook Avenue, Randolph, NJ 07869

B. Professional Services Agreement with Robert Michaels—OL Zoning Study—Sporn/Dover Handbag Site (Baker Residential)—$3,500.00

R-150-07

WHEREAS, the Township of Randolph has a need to acquire professional planning services for rezoning of Sporn/Dover Handbag site, Block 44, Lot 4, 931 Route 10, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to prior awards will exceed $17,500.00; and

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

WHEREAS, Robert Michaels & Associates has submitted a proposal indicating they will provide the professional planning services for $3,500.00; and

WHEREAS, Robert Michaels & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels & Associates 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 Robert Michaels & Associates 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 Robert Michaels & Associates as described herein.

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: June 7, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2007 Budget, Planning Board, Other Expense, to award a contract to Robert Michaels & Associates for professional planning services for the rezoning of the Sporn/Dover Handbag site in the amount not to exceed $3,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Professional Services Agreement with Amy S. Greene, Environmental Consultants, Inc., for Wetlands Delineation (LOI)—Heistein’s Park—Not to Exceed $11,000.00

R-151-07

WHEREAS, there exists a need to enter into a professional services agreement with Amy S. Greene Environmental Consultants, Inc., for professional environmental engineering services in connection with obtaining a wetlands delineation (L.O.I.) for Heistein’s Park; and

WHEREAS, quotes were received from three environmental consultants and the lowest was Amy S. Greene Environmental Consultants, Inc., Flemington, New Jersey; and

WHEREAS, the cost for such professional services will not exceed eleven thousand dollars ($11,000.00); and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that the Township of Randolph hereby authorizes the execution of a professional services agreement with Amy S. Greene Environmental Consultants, Inc., Flemington, New Jersey.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 7, 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 #5-03, Construction of Trails, to award a contract to Amy S. Greene Environmental Consultants, Inc., for professional environmental engineering services in connection with obtaining a wetlands delineation for Heistein’s Park in the amount not to exceed $11,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Professional Services Agreement—DPW Maintenance Yard with EcolSciences for Wetlands Delineation (LOI)—Public Works Complex on Sussex Turnpike—Not to Exceed $14,800.00

R-152-07

WHEREAS, there exists a need to enter into a Professional Services Agreement with EcolSciences, Inc., for professional environmental engineering services in connection with obtaining a wetlands delineation (L.O.I.) for Public Works Complex/Mishkin on Sussex Turnpike; and

WHEREAS, quotes were received from three environmental consultants and the lowest was EcolSciences, 75 Fleetwood Drive, Suite 25, Rockaway, New Jersey; and

WHEREAS, the cost for such professional services will not exceed fourteen thousand eight hundred dollars ($14,800.00); and

WHEREAS, Pay-to-Play requirements were met on the preceding Professional Services Agreement and are on file in the Township Clerk’s Office; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that the Township of Randolph hereby authorizes the execution of a Professional Services Agreement with EcolSciences, 75 Fleetwood Drive, Suite 25, Rockaway, New Jersey.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 7, 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 #26-05, Purchase of Property, to award a contract to EcolSciences, Inc., for professional environmental engineering services in connection with obtaining a wetlands delineation for Public Works Complex/Mishkin on Sussex Turnpike in the amount not to exceed $14,800.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorize 2007 Bond Sale—Form and Other Details of $6.6 Million Improvement Bond

R-153-07

BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY AS FOLLOWS:

Section 1. The $6,600,000 General Improvement Bonds of the Township of Randolph, New Jersey (the “Township”) referred to and described in the resolution adopted by the Township Council pursuant to the Local Bond Law of the State of New Jersey on June 7, 2007, and entitled, “Resolution Providing for the Combination of Certain Issues of General Improvement Bonds of the Township of Randolph, in the County of Morris, New Jersey into a Single Issue of Bonds Aggregating $6,600,000 in Principal Amount”, shall be issued as general improvement bonds (hereinafter referred to as the “General Improvement Bonds”). The General Improvement Bonds shall mature in the principal amounts on August 1 in each of the years as follows:

YearPrincipal Amount
2008$480,000
2009$480,000
2010$670,000
2011$670,000
2012$695,000
2013$695,000
2014$725,000
2015$725,000
2016$730,000
2017$730,000

The General Improvement Bonds are not subject to redemption prior to maturity. The General Improvement Bonds shall be ten in number, with one certificate being issued for each year of maturity, and shall be numbered GI-1 to GI-10, inclusive.

Section 2. The General Improvement Bonds are collectively are sometimes referred to hereinafter as the “Bonds”.

Section 3. The Bonds will be issued in fully registered form. Both principal of and interest on the Bonds will be payable in lawful money of the United States of America. Each certificate will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities depository (the “Securities Depository”). The certificates will be on deposit with The Depository Trust Company. The Depository Trust Company will be responsible for maintaining a book-entry system for recording the interests of its participants and the transfers of the interests among its participants. Individual purchases may be made in multiples of $1,000 (with a minimum purchase of $5,000 required) or any multiple thereof through book-entries made on the books and the records of The Depository Trust Company and its participants. The Bonds will bear interest payable on February 1, 2008 and semiannually thereafter on the first days of February and August in each year until maturity at the rate or rates per annum in accordance with the Notice of Sale authorized herein. The principal of and the interest on the Bonds will be paid by the Township to the Registered Owners as of January 15 and July 15 next preceding the date of such payments (the “Record Dates” for the Bonds). The Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under the official seal affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Clerk.

Section 4. The Bonds shall be substantially in the following form with such additions, deletions and omissions as may be necessary for the Township to conform with the requirements of the Depository Trust Company:

REGISTERED  REGISTERED
NUMBER GI-___  $___________
UNITED STATES OF AMERICA
STATE OF NEW JERSEY
TOWNSHIP OF RANDOLPH
GENERAL IMPROVEMENT BONDS
DATE OF
ORIGINAL ISSUE
MATURITY
DATE
INTEREST RATE
PER ANNUM
CUSIP
August 1, 2007August 1, ______________% _______

TOWNSHIP OF RANDOLPH, a municipal corporation of the State of New Jersey (the “Township”), hereby acknowledges itself indebted and for value received promises to pay to CEDE & CO. on the Maturity Date specified above, upon presentation and surrender of this bond, the principal sum of __________________ DOLLARS ($______), and to pay interest on such sum from the Date of Original Issue of this bond until it matures at the Interest Rate Per Annum specified above on February 1, 2008 and semiannually thereafter on the first days of February and August in each year until maturity. Interest on this Bond will be mailed by the Township to the Registered Owner as of January 15 and July 15 next preceding the date of such payments. Principal of this bond, when due, will be paid by the Township to the Registered Owner upon presentation and surrender of this bond to the Township.

No transfer of this bond shall be valid unless made on the registration books of the Township and by surrender of this bond (together with a written instrument of transfer satisfactory to the Township duly executed by the Registered Owner or by his or her duly authorized attorney) and the issuance of a new bond or bonds in the same form and tenor as the original bond except for the differences in the name of its Registered Owner and the denominations. The owner of any bond or bonds may surrender same (together with a written instrument of transfer satisfactory to the Township duly executed by the Registered Owner or by his or her duly authorized attorney), in exchange for an equal aggregate principal amount of bonds of any authorized denominations.

This Bond is not subject to redemption prior to maturity.

This bond is one of an authorized issue of bonds issued pursuant to the Local Bond Law of the State of New Jersey, and a resolution of the Township finally adopted June 7, 2007 and entitled, “Resolution Providing for the Combination of Certain Issues of General Improvement Bonds of the Township of Randolph, New Jersey Into a Single Issue of Bonds Aggregating $6,600,000 in Principal Amount” (the “Authorization Proceedings”).

The full faith and credit of the Township are hereby irrevocably pledged for the punctual payment of the principal of and the interest on this bond according to its terms.

It is hereby certified and recited that all conditions, acts and things required by the Constitution or the statutes of the State of New Jersey to exist, to have happened or to have been performed precedent to or in the issuance of this bond exist, have happened and have been performed and that the issue of bonds of which this is one, together with all other indebtedness of the Township, is within every debt and other limit prescribed by such Constitution or statutes.

IN WITNESS WHEREOF, THE TOWNSHIP OF RANDOLPH, New Jersey has caused this bond to be executed in its name by the manual or facsimile signatures of its Mayor and its Chief Financial Officer, its corporate seal to be hereunto imprinted or affixed, this bond and the seal to be attested by the manual signature of the Clerk, and this bond to be dated the Date of Original Issue as specified above.

TOWNSHIP OF RANDOLPH, NEW JERSEY

ATTEST

By: _____________________________
Mayor

By: _____________________________
Clerk

By: _____________________________
Chief Financial Officer

ASSIGNMENT

FOR VALUE RECEIVED ____________________________________ hereby assigns to
_____________________________________________________________________
_____________________________________________________________________

(Please Print or Type Name and Address of Assignee)

the within bond and irrevocably appoints ________________________, as Attorney, to transfer this bond on the registration books of the Township, with full power of substitution and revocation.

NOTICE: The signature of this assignment must correspond with the name as it appears on the face of the within bond in every particular.

Dated: _____________________________

Signature Guarantee: _____________________________

Section 5. The Bonds shall be sold by electronic bids via PARITY on July 25, 2007at 11:30 a.m. by the Chief Financial Officer in accordance with the Notice of Sale authorized herein. The Clerk is hereby directed to arrange for the publication of the Notice of Sale in the form provided herein in The Daily Record and to arrange for the publication of the Summary of Notice of Sale in the form provided herein in The Bond Buyer, a financial newspaper published and circulating in the City of New York, New York, such publications to be not less than seven days prior to the date of sale. Pursuant to N.J.S.A. 40A:2-34, the Township Council hereby designates the Chief Financial Officer as the financial officer to sell and to award the Bonds in accordance with the Notice of Sale authorized herein, and such financial officer shall report in writing the results of the sale to this Township Council as required by law.

Section 6. The Notice of Sale shall be substantially in the following form:

TOWNSHIP OF RANDOLPH, NEW JERSEY

NOTICE OF SALE OF $6,600,000 GENERAL IMPROVEMENT BONDS
NONCALLABLE
BOOK-ENTRY BONDS
PARITY BID
SURE-BID
BANK QUALIFIED

ELECTRONIC BIDS VIA PARITY will be received by the Chief Financial Officer of the TOWNSHIP OF RANDOLPH, New Jersey (the “Township”) at the offices of the Township’s Bond Counsel, John L. Kraft, Esq., L.L.C., 70 South Orange Avenue, Livingston, New Jersey 07039, on July 25, 2007 until 11:30 a.m., at which time they will be publicly announced for the purchase of the following Bonds of the Township due, on August 1 as follows:

YearPrincipal Amount
2008$480,000
2009$480,000
2010$670,000
2011$670,000
2012$695,000
2013$695,000
2014$725,000
2015$725,000
2016$730,000
2017$730,000

To the extent any instructions or directions set forth in PARITY conflict with this Notice of Sale, the terms of this Notice of Sale shall control. For further information about PARITY, potential bidders may contact i-Deal LLC at 40 West 23rd Street, 5th Floor, New York, NY 10010, telephone (212) 404-8102.

All bidders for the Bonds must be participants of The Depository Trust Company, New York, New York or affiliated with its participants. The Bonds will be issued in book-entry form only, in the form of one certificate for the aggregate principal amount of Bonds maturing in each year and will be payable as to both principal and interest in lawful money of the United States of America. Each Bond will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities depository. The Bonds will be on deposit with The Depository Trust Company.

The Bonds will be dated August 1, 2007 and will bear interest at the rate or rates specified by the successful bidder therefor in accordance herewith, payable on February 1, 2008 and semiannually thereafter on the first days of February and August in each year until maturity to the Registered Owner as of January 15 and July 15 next preceding each interest payment date. The principal of the Bonds, when due, will be payable by the Township upon surrender of the Bonds.

The Bonds are not subject to redemption prior to maturity.

Each proposal submitted must name the rate or rates of interest per annum to be borne by the Bonds and the rate or rates named must be multiples of one-eighth or one-twentieth of one per centum. Not more than one rate may be named for Bonds of the same maturity. There is no limitation on the number of rates that may be named. If more than one rate of interest is named, no interest rate named for any maturity may be less than the interest rate named for any earlier maturity. Each proposal submitted must be for all of the Bonds and the purchase price specified in the proposal must be not less than $6,600,000. The Bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost. Such net interest cost shall be computed as to each bid, by adding to the total principal amount of Bonds and the total interest cost to maturity in accordance with such bid and by deducting therefrom the amount of premium bid, if any. The purchaser must also pay an amount equal to the interest on the Bonds accrued to the date of payment of the purchase price.

The right is reserved to reject all bids, and any bid not complying with the terms of this notice will be rejected.

A Good Faith Deposit (the “Deposit”) in the form of a certified, treasurer’s or cashier’s check or a Financial Surety Bond in the amount of $132,000, payable to the order of the TOWNSHIP OF RANDOLPH is required for each bid to be considered. If a check is used, it must be received by the Township’s Bond Counsel, John L. Kraft, Esq., L.L.C., 70 South Orange Avenue, Livingston, New Jersey 07039 by 4:00 pm on July 24, 2007. If a Financial Surety Bond is used, it must be issued by Financial Security Assurance Inc., 350 Park Avenue, New York, NY 10022 (“FSA”) and notice of such bond must be received by Bond Counsel from FSA prior to the bond sale. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by the Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then that bidder (the “Purchaser”) is required to submit its Deposit to the Township by wire transfer as follows: $132,000 shall be wired to Provident Bank, ABA #221272303, for further credit to the Township of Randolph Capital Account, Account #564059093, not later than 1:00 p.m. (the Township’s local time) on the next business day following the award. If the Deposit is not received by that time, the Township may draw upon the Financial Surety Bond to satisfy the Deposit requirement. No interest on the Deposit will accrue to the Purchaser. The Deposit will be applied in part payment for the Bonds or to secure the Township from any loss resulting from the failure of the Purchaser to comply with the terms of its bid.

Award of the Bonds to the successful bidder or rejection of all bids is expected to be made within two hours after opening of the bids, but such successful bidder may not withdraw its proposal until after 2:00 p.m. of the day of such bid-opening and then only if such award has not been made prior to the withdrawal.

The Bonds will be delivered within 30 days of the date of sale at the offices of the Township’s Bond Counsel, John L. Kraft, Esq., L.L.C., 70 South Orange Avenue, Livingston, New Jersey 07039 or at such other place as may be agreed upon with the successful bidder. PAYMENT FOR THE BONDS AT THE TIME OF ORIGINAL ISSUANCE AND DELIVERY SHALL BE BY WIRE IN IMMEDIATELY AVAILABLE FUNDS.

The Purchaser at its option may refuse to accept the Bonds if prior to their delivery any change in the Internal Revenue Code of 1986, as amended (the “Code”) shall provide that the interest thereon is includable or shall be includable in gross income at a future date for federal income tax purposes. In such case the Deposit shall be returned and the Purchaser will be relieved of its contractual obligations arising from the acceptance of its proposal.

If the Bonds qualify for issuance of any policy of municipal bond insurance, the Purchaser may, at its sole option and expense, purchase such insurance. Any failure of the Bonds to be so insured shall not in any way relieve the Purchaser of its contractual obligations arising from the acceptance of its proposal for the purchase of the Bonds.

It is anticipated that CUSIP identification numbers will be printed on the Bonds. The CUSIP Service Bureau charge for the assignment of the numbers shall be the responsibility of and shall be paid for by the Purchaser.

The obligation hereunder to deliver and to accept the Bonds shall be conditioned on the availability and the delivery at the time of delivery of the Bonds of the approving opinion of the law office of John L. Kraft, Esq., L.L.C., Livingston, New Jersey, which will be furnished without cost to the successful bidder, such opinion to be substantially in the form set forth in the Official Statement distributed in preliminary form in connection with the sale of the Bonds and certificates in form satisfactory to that law firm evidencing the proper execution and delivery of the Bonds, the receipt of payment therefor, the compliance with the requirements of the Code necessary to preserve tax exemption, the completeness and accuracy of the information contained in the Preliminary Official Statement and the Official Statement, and the absence of litigation pending or (to the knowledge of the signer or signers thereof) threatened affecting the validity of the Bonds. A copy of the approving opinion will be attached to the Bonds.

The Bonds are subject to the requirements of SEC Rule 15c2-12 with respect to Secondary Market Disclosure. The obligation to accept delivery of the Bonds is conditioned upon delivery to the Purchaser of a written undertaking by the Township to provide Secondary Market Disclosure as set forth in SEC Rule 15c2-12, in form approved by Bond Counsel.

The Township has authorized the distribution of a Preliminary Official Statement deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission. The final Official Statement will be delivered to the Purchaser within seven business days following the sale of the Bonds.

The Purchaser will be required to certify the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of the Bonds of each maturity were sold.

The Bonds have been designated “qualified tax-exempt obligations” for the purposes of Section 265(b)(3)(B)(ii) of the Code.

/s/ MICHAEL SOCCIO
Chief Financial Officer

Section 7. The Summary of Notice of Sale for the Bonds shall be substantially in the following form:

SUMMARY OF NOTICE OF SALE
TOWNSHIP OF RANDOLPH, NEW JERSEY

$6,600,000 GENERAL IMPROVEMENT BONDS
NONCALLABLE
BOOK-ENTRY BONDS
PARITY BID
SURE-BID
BANK QUALIFIED

Dated Date: August 1, 2007

Bid Date: July 25, 2007 at 11:30 am. Award by 2:00 pm.

Type of Sale: Electronic Bids via PARITY

Interest: Multiple Interest Rates in ascending order

Maturity Schedule: The Bonds shall mature on August 1 as set forth below:

YearPrincipal Amount
2008$480,000
2009$480,000
2010$670,000
2011$670,000
2012$695,000
2013$695,000
2014$725,000
2015$725,000
2016$730,000
2017$730,000

Legal Opinion: John L. Kraft, Esq., L.L.C., Livingston, New Jersey

Bid Security: Good Faith Check in the amount of $132,000 payable to the TOWNSHIP OF RANDOLPH must be received by the Township’s Bond Counsel by 4:00 pm on July 24, 2007 or Financial Surety Bond as provided in the Notice of Sale

Bank Qualification: The Bonds have been designated “qualified tax-exempt obligations” for the purposes of Section 265(b)(3)(B)(ii) of the Code.

The Preliminary Official Statement, Notice of Sale and other details are available at www.i-dealprospectus.com.

Section 8. The Bonds shall have attached thereto a copy of the written opinion with respect to the Bonds that is to be rendered by the law office of John L. Kraft, Esq., L.L.C.

Section 9. John L. Kraft, Esq., L.L.C., Bond Counsel, is authorized to arrange for the preparation of the Bonds and the printing of the Official Statement to be prepared by the Auditor and Township officials. John L. Kraft, Esq., L.L.C. is also authorized to arrange for the distribution of the Preliminary Official Statement on behalf of the Township to those financial institutions that customarily submit bids for such Bonds. The Mayor and the Chief Financial Officer are authorized to execute any certificates necessary in connection with the distribution of the Official Statement.

Section 10. The Township Auditor is authorized to apply for a rating on the Bonds from Moody’s Investors Service.

Section 11. The Township hereby covenants that it will comply with any conditions subsequent imposed by the Code in order to preserve the exemption from taxation of interest on the Bonds, including the requirement to rebate all net investment earnings on the gross proceeds above the yield on the Bonds.

Section 12. The Township is hereby authorized to make representations and warranties, to enter into agreements and to make all arrangements with The Depository Trust Company, New York, New York, as may be necessary in order to provide that the Bonds will be eligible for deposit with The Depository Trust Company and to satisfy any obligation undertaken in connection therewith.

Section 13. In the event that The Depository Trust Company determines to discontinue providing its service with respect to the Bonds or is removed by the Township and if no successor Securities Depository is appointed, the Bonds which were previously issued in book-entry form shall be registered in the names of the beneficial owners under the book-entry system. Upon such registration, the beneficial owners, will become the Registered Owners of the Bonds. The Township shall be obligated to provide for the execution and delivery of the new registered Bonds without charge to the beneficial owners.

Section 14. The Township shall enter into an undertaking to provide Secondary Market Disclosure as required by SEC Rule 15c2-12. The Chief Financial Officer and the Clerk are authorized to execute the undertaking on behalf of the Township.

Section 15. The Bonds have been designated “qualified tax-exempt obligations” for the purposes of Section 265(b)(3)(B)(ii) of the Code.

Section 16. This resolution shall take effect immediately.

The foregoing resolution was adopted by the following vote:

AYES:

NAYES:

F. Authorize Providing for the Combination of Certain Issues of General Improvement Bonds of the Township into a Single Issue of Bonds Aggregating $6.6 Million in Principal Amount

R-154-07

BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MORRIS, NEW JERSEY AS FOLLOWS:

Section 1. Pursuant to the provisions of N.J.S.A. 40A:2-26(f), the Bonds of the Township of Randolph, New Jersey (the “Township”) authorized pursuant to the bond ordinances of the Township heretofore adopted and described in Section 2 hereof, shall be combined into a single issue of bonds in the principal amount of $6,600,000 (the “Bonds”). The principal amount of the Bonds authorized by each ordinance to be combined into a single issue, the bond ordinances authorizing the Bonds described by reference to the number, the improvement description and the date of adoption, and the period or average period of usefulness determined in each of the bond ordinances are respectively as follows:

Principal Amount of BondsOrd. #Description of Improvement and Date of Adoption of OrdinanceUseful Life
$131,00027-99Providing for various capital improvements, finally adopted 6/29/997.31 years
$1,396,00055-99Providing for the design and construction of improvements to Freedom Park, finally adopted 12/7/9915 years
$143,00038-00Providing for various fire/rescue equipment, finally adopted 6/1/009.32 years
$418,00025-01Providing for various capital improvements, finally adopted 5/24/0111.64 years
$225,00016-02Providing for various capital improvements, finally adopted 3/21/027.39 years
$315,00031-02Providing for various capital improvements, finally adopted 5/2/028.70 years
$495,00024-02Providing for the purchase of land to be acquired for municipal purposes, finally adopted 5/2/0240 years
$230,0008-03Providing for various capital improvements, finally adopted 6/5/0312.55 years
$504,00015-04Providing for various capital improvements, finally adopted 6/3/0411.03 years
$325,00016-05Providing for the purchase of land to be acquired for school purposes, finally adopted 3/17/0540 years
$490,00026-05Providing for the purchase of property for governmental purposes, finally adopted 5/5/0540 years
$581,00028-05Providing for various capital improvements, finally adopted 6/2/057.69 years
$580,00030-05Providing for various capital improvements, finally adopted 7/7/0515 years
$767,00012-06Providing for various capital improvements, finally adopted 6/1/069.25 years
$6,600,000   

Section 2. The following matters are hereby determined with respect to the combined issue of Bonds:

(a) The average period of usefulness, computed on the basis of the respective amounts of Bonds presently authorized to be issued pursuant to each of the bond ordinances and the respective periods or average period of usefulness therein determined, is not less than 17.21 years.

(b) The Bonds shall be designated “General Improvement Bonds” and shall mature within the average period of usefulness herein determined.

(c) The Bonds shall be sold and issued in accordance with the provisions of the Local Bond Law applicable to the sale and the issuance of bonds authorized by a single bond ordinance.

Section 3. The following additional matters are hereby determined, declared, recited and stated:

(a) None of the Bonds described in Section 2 hereof has been sold or issued, and the bond ordinances described in Section 2 have not been rescinded heretofore and now remain in full force and effect as authorizations for the respective amounts of Bonds set opposite the descriptions of the bond ordinances in Section 2.

(b) The purposes or improvements authorized by the respective bond ordinances described in Section 2 hereof are purposes for which bonds may be issued lawfully pursuant to the Local Bond Law.

Section 4. This resolution shall take effect immediately.

G. Authorize Township to Submit an Application to the NJ Department of Community Affairs Local Finance Board to Waive 5% Down Payment for Pool Bond Ordinance

R-155-07

WHEREAS, the Township of Randolph, in the County of Morris, New Jersey, (the “Township”) desires to make application to the Local Finance Board for its approval of a bond ordinance authorizing the construction of a swimming pool by the Township deemed to be self-liquidating.

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

Section 1. The application to the Local Finance Board is hereby approved, and the Township’s Bond Counsel and Auditor, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.

Section 2. The Clerk of the Township is hereby directed to prepare and file a copy of the proposed bond ordinance with the Local Finance Board as part of such application.

Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote

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

NAYES: None

ABSENT: None

ABSTAIN: None

The foregoing is a true copy of a resolution adopted by the governing body of the Township on June 7, 2007.

_____________________________
Donna Marie Luciani, Clerk

H. Accept 2006 Municipal Audit

R-156-07

WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year (insert fiscal year) has been filed by a Registered Municipal Accountant with the (insert “Clerk of the Board of Freeholders” or “Municipal Clerk”) pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, That the (name of governing body) of the (name of local unit), hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I. Enabling the Township to Apply for $2,250,000.00 Loan and $4,250,000.00 Grant in Connection with Green Acres

R-157-07

WHEREAS, the New Jersey Department of Environmental Protection Green Acres Program (“State”) provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Randolph desires to further the public interest by obtaining a loan of $2,250,000.00 and a grant of $4,250,000.00 from the State to fund the Township’s Open Space Acquisition Program.

NOW, THEREFORE, the governing body resolves that John C. Lovell, or the successor to the office of Township Manager, is hereby authorized to:

(a) make application for such a loan and/or such a grant

(b) provide additional application information and furnish such documents as may be required

(c) act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph:

1. That the Township Manager of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as Township’s Open Space Acquisition Program.

2. That the applicant has its matching share of the project, if a match is required, in the amount of $4,250,000.00.

3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project.

4. The applicant agrees to comply with all applicable federal, state, and local laws, rules and regulations in its performance of the project.

5. That this resolution shall take effect immediately.

J. Authorizing an Award of Behalf of MCCPC for Various Contracts

R-158-07

WHEREAS, the Township of Randolph authorizes an award of various categories within seventeen (17) contracts beginning July 1, 2007, on behalf of the Morris County Cooperative Pricing Council as described below:

Contract #3: Rock Salt & Liquid Calcium Chloride
Contract #4: Snow Grits
Contract #10: Lumber, Insulation, Hardware & Paint Supplies
Contract #13-A: Fire Equipment Services
Contract #13-B: Fire Water Pumps on Motorized Fire Apparatus (Repair and Rebuilding)
Contract #20-B: Sporting Goods (Fall and Winter Sports)
Contract #25: Janitorial Supplies
Contract #34: Tree Spraying Services
Contract #35: Light Bulbs
Contract #40: Personal Protection Items and Equipment for Emergency Personnel
Contract #42: Landscaping Materials and Supplies
Contract #43: Propane Gas
Contract #44: Welding Supplies
Contract #47: Water Meters, Data Recorders and Radio Frequency Meter Interface Units
Contract #48: Equipment Parts for Turf Care
Contract #50: Fire Department Uniforms (Purchase)
Contract #51: Deer Carcass Removal and Disposal

and

WHEREAS, bids have been advertised and received on April 26, 2007, in accordance with the “Local Public Contacts Law”; and

WHEREAS, the Township has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each of the categories within the seventeen (17) contracts specified and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract.

K. Authorizing Submission of an Application for the MAC Grant for $22,583.00

R-159-07

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of all ages; and

WHEREAS, the Township of Randolph further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township of Randolph has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, County of Morris, State of New of Jersey, hereby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2008 in the amount of $22,583.00.

2. The Township of Randolph acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

L. Authorizing Change of Contract Award—Printing of Envelopes

R-160-07

WHEREAS, the Township of Randolph wishes to change an award on a contract for Printing of Envelopes for the remainder of the contract period of one (1) year (February 1, 2007 - January 31, 2008); and

WHEREAS, bids have been advertised and received on January 30, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township awarded the printing of envelopes to J&E Business Services as the low bidder on February 15, 2007; and

WHEREAS, J&E Business Services supplied pricing for black ink and not blue and is unable to hold their price for blue ink; and

WHEREAS, Ridgewood Press, Ridgewood, New Jersey, is now the low bidder and has agreed to hold the bid price.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contract for printing of envelopes be awarded to Ridgewood Press, Ridgewood, New Jersey, for the Township of Randolph for the remaining contract term June 1, 2007, to January 31, 2008.

M. Appropriating $90,000.00 From the Capital Improvement Fund for Planning and Design—Various Municipal Facilities

R-161-07

WHEREAS, the Township Council of the Township of Randolph hereby acknowledges the requirement of additional preliminary costs to determine the scope and cost of a proposed undertaking. The purpose of these additional preliminary costs are for the improvements to the Township of Randolph Animal Shelter, VFW Building, Municipal Building and the Calais Road Building and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the amount appropriated for additional preliminary costs shall not exceed $90,000.00 and the Finance Director is authorized to set up a reserve for preliminary expenses out of the Capital Improvement Fund.

N. Professional Services Agreement for Planning and Design of Animal Shelter—Tiina Vaska—$16,800.00

Item pulled from agenda.

O. Professional Services Agreement for Planning and Design of VFW Building—Ben Horton Architecture and Design—$11,500.00

Item pulled from agenda.

P. Professional Services Agreement for Planning and Design of Municipal Building—Ben Horton—$14,400.00

Item pulled from agenda.

Q. Raffles

(1) Social Affair Permit, Randolph Engine Company No. 5, 118 West Hanover Avenue, Randolph, NJ, October 6, 2007, 7:30 p.m. to 10:30 p.m.

OPEN TO PUBLIC

Nancie Ludwig, 14 Lookout Road, asked about the resolution the Council referred to relating to the bond ordinance for the pool and how that will affect her efforts to petition the Council to put the pool issue to a referendum since there has already been a public hearing.

Mayor Obremski expressed that there has not been a public hearing regarding the bond ordinance for the pool. The public hearing will be held on July 12, 2007, and the ordinance will be considered for adoption that evening.

Councilman Algeier explained that the ordinance can still be amended until such time as the Council votes to adopt it on July 12, 2007. On July 12, 2007, there will also be a resolution that was proposed this evening pertaining to the Parks Development and Redevelopment Trust Fund that will be considered for approval. The Councilman suggested starting the petition drive for a referendum on July 13, 2007, so that the petition is worded correctly as it pertains to the final ordinance and resolution, should they be adopted by the Council.

Township Attorney Buzak clarified that, should the Council adopt the bond ordinance on July 12, 2007, the ordinance would not be effective for twenty days after that date, as specified under bond law to give the public the right to petition for a referendum.

Mrs. Ludwig stated that there has been an outpouring of public support for a referendum on the pool issue and that the Council should allow the public’s voice to be heard.

Mayor Obremski responded that there has also been an outpouring of public support for moving forward with the pool. The Council has considered both sides of the issue, it has not been an easy decision for any of them, and they will proceed in what they believe is the best interests of the community. He also stated that he supports Mrs. Ludwig’s right to petition for a referendum and will not attempt to get in her way to accomplish her goal.

Sandra Brinker, 25 Bedminster Road, questioned whether or not the money in the Parks Development and Redevelopment Trust Fund was taxpayer money, so if that fund were used for a possible pool utility shortfall, money would still be coming from the taxpayers.

Mayor Obremski responded that the trust fund is a dedicated tax. Concerns he has heard expressed regarding the pool issue are that nobody wants their taxes increased to pay for a pool. By using the dedicated tax, taxes would not be raised. The Mayor views this as a compromise to addresses the taxpayers’ concerns, not necessarily a perfect solution.

Mrs. Brinker stated that she believes the Council’s heads and hearts are in the right place, however she doesn’t think the Council sees where her group is coming from. She stressed that they simply want to have the option of being able to vote on the ordinance to create a pool and let the majority carry the day.

Deputy Mayor Mitsch commented that if this project had been one that would have meant an automatic tax increase, a referendum would certainly have been in order. However, this is a project that will be self-sustaining and taxpayers will not be getting billed for it.

Lee Whilden, 82 Radtke Road, reminded the Council that the public has recourse for the Council’s actions.

Hearing no further comments, the public portion was closed.

COUNCIL COMMENTS

Councilman Algeier requested adding a personnel item to the Executive Session. He also asked if it would be possible to add the newsletter to the web site. The Councilman congratulated Councilman Napoliello and the senior citizens competing in the Senior Olympics for their victory. Councilman Algeier asked if it was possible to keep running lists of conservation easements in town on the computers in the tax office so that when properties are sold, new buyers are aware of existing easements.

Manager Lovell responded that it could probably be done, and he would like to use the GIS system as a starting point in flagging those properties.

Councilman Algeier congratulated Congressman Frelinghuysen on his efforts to thwart a mugging.

Councilman Metz notified the Council that he would be on vacation the evening of July 12, 2007, but indicated that he could be available via telephone if necessary.

Township Attorney explained that five affirmative votes will be needed that evening to adopt the bond ordinance.

Councilwoman Price asked the outcome of the recent Mayors’ Cook-off, in which Mayor Obremski participated.

Mayor Obremski stated that it was a nice event which was well attended and amply covered by the press. He thanked Assistant Manager Russo for his efforts.

Manager Lovell complimented Mayor Obremski on his most recent Roll, Stroll or Run event.

EXECUTIVE SESSION

Councilman Alpert made a motion to move into Executive Session. 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

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, State of New Jersey, as follows:

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

2. The general nature of the subject matter to be discussed is as follows:
A. Randolph Mountain
B. Personnel

3. As nearly as can now 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 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

ADJOURNMENT

The Mayor adjourned the meeting at 11:40 p.m.

Donna Marie Luciani
Township Clerk