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: May 17, 2007

A regular meeting of the Randolph Township Council was called to order at 7:30 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 (arrived 7:35 p.m.)
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price (arrived 8:00 p.m.)
Deputy Mayor Mitsch (arrived 8:00 p.m.)
Mayor Obremski

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

Mayor Obremski led the Pledge of Allegiance.

The meeting moved out to the main foyer for the presentation of several proclamations honoring various Randolph High School sports teams.

PROCLAMATIONS

(a) Boys’ Winter Track Team—2007 Morris County and Iron Hills Conference Champions

WHEREAS, the Randolph High School Boys’ Winter Track Team completed a highly successful season; and

WHEREAS, the Randolph High School Boys’ Winter Track Team was 2007 Morris County and Iron Hills Conference Champions; and

WHEREAS, the coaches and members of the Randolph High School Boys’ Winter Track Team have brought recognition to themselves, their school, and their community.

NOW, THEREFORE, IT IS RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Randolph High School Boys’ Winter Track Team be congratulated for its outstanding athletic achievement.

(b) Ice Hockey Team—2007 Public School State Champions

WHEREAS, the Randolph High School Ice Hockey Team completed a highly successful season; and

WHEREAS, the Randolph High School Ice Hockey Team was 2007 Public School State Champions; and

WHEREAS, the coaches and members of the Randolph High School Ice Hockey Team have brought recognition to themselves, their school, and their community.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Randolph High School Ice Hockey Team be congratulated for its outstanding athletic achievement.

(c) Girls’ Swim Team—2007 North Sectional State Champions

WHEREAS, the Randolph High School Girls’ Swim Team completed a highly successful season; and

WHEREAS, the Randolph High School Girls’ Swim Team was 2007 North Sectional State Champions; and

WHEREAS, the coaches and members of the Randolph High School Girls’ Swim Team have brought recognition to themselves, their school, and their community.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Randolph High School Girls’ Swim Team be congratulated for its outstanding athletic achievement.

(d) Competition Cheerleading Team—2007 National Champions

WHEREAS, the Randolph High School Competition Cheerleading Team completed a highly successful season; and

WHEREAS, the Randolph High School Competition Cheerleading Team was 2007 National Champions; and

WHEREAS, the coaches and members of the Randolph High School Competition Cheerleading Team have brought recognition to themselves, their school, and their community.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Randolph High School Competition Cheerleading Team be congratulated for its outstanding athletic achievement.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that she attended the Traffic Safety Committee’s program on driver safety at the high school and thanked the Council for supporting this initiative. She asked when the Council vote on the pool was expected to take place as she would like to be present if possible, and again asked the Council to consider her suggestion that members post bonds to fund the pool.

Manager Lovell responded that later in the meeting he will be discussing the schedule for the next several steps regarding the pool, and that at the May 31 meeting the Council will probably be in a position to discuss the bond ordinance.

Lee Whilden, 82 Radtke Road, reiterated her belief that Council should follow the correct protocol and put the pool issue up for referendum.

A resident asked why the Council would not put this issue on a referendum.

Jason Traum presented a project he undertook as part of an enrichment program at his school where he compiled data from a survey taken at the Acme Supermarket asking residents how they feel about the pool.

Annette Steele, 10 Nuko Terrace, noted that she is a member of the Pool Committee. She and other volunteers went to local playgrounds and parks in an effort to inform more people about the possibility of a pool and obtain signatures of those interested in joining as a supplement to the online petition.

Alice Pilla, 5 Eagle Court, thanked Linda Johnson and the Pool Committee for all the work they have done regarding the pool. She stated that she doesn’t believe a referendum is legally required, and noted that the number of signatures required on the petition have been received and now it is time to move forward.

David Glasser, 19 Tulip Lane, noted that the Pool Committee has done a very good job. He favors a pool, believes that it will create an area that will unify the town, and would like to see the township move forward.

Sandra Brinker, 25 Bedminster Road, acknowledged that the Pool Committee has worked very hard, however, Randolph is one of the towns organized under the Faulkner Act which says that the community has a right to have initiative, referendum and recall. It is her understanding that the property proposed for the pool was bought by the town several years ago and is being paid for by tax dollars, and as such she feels the citizens of the town should have a right to voice an opinion.

Lee Whilden, 82 Radtke Road, stated that she will work to make sure provisions are made so that families who are not able to afford membership fees for the pool can still belong.

Bob Sandberg, 7 Iron Forge Lane, noted that he has been a member of a pool located outside of town for a number of years and believes there are more than enough families who would like to see a pool built in this community.

Jim Loveys, 6 Fieldcrest Court, that it is not anyone’s intention to make the proposed pool exclusionary. As a member of the Pool Committee, a diverse group of volunteers, it was never the intention to force a pool project on the town. Rather, their task was to research the feasibility of a pool in Randolph, which is what the Pool Committee did, and those facts have been presented to the Town Council and to the public. Randolph should be proud of their many amenities, and this pool will enhance those amenities as well as increase property values.

Jane Winget, 53 High Avenue, stated that she is not against a pool, however she is against tax payers having to pay for it. She presented a letter to the Council and Manager which she challenged them to all sign stating that, should tax money be necessary to maintain the pool, her property will remain exempt from that tax amount.

Colleen Meyer, 123 Dover Chester Road, belongs to a pool in another town where the membership rates are higher than what is being proposed for a pool in Randolph. She feels there is a need for a pool in town, even if there is no guarantee that it will not be self-sustaining.

Adam Zyto, 18 Alpine Drive, urged the Council to consider pool members be required to post a personal bond, thereby guaranteeing the self-sustainability of the pool.

Linda Johnson, 41 Valley Road and chair of the Pool Committee, responded that requiring members to post personal bonds will indeed make a pool exclusionary. The goal of the Pool Committee was to find a reasonable level of membership that Randolph’s socio-economic community could afford. She is disappointed that so much negative energy has gone into opposing the pool while the Pool Community has put so much positive energy into their work. She urged to Council to move forward with the pool process.

COUNCIL AND MANAGER REPORTS

Councilman Algeier noted that he will be away for the May 31 meeting and would use this opportunity to make his comments regarding the pool, which included:

  • he has considered the issue of requiring personal bonds for members, however he feels that it would make the pool more exclusionary in nature
  • the Pool Committee was open to any and all members when it was first formed; those who objected to the pool could have joined and expressed their concerns during the whole process as opposed to challenging the process at this late date
  • concerning the land that is suggested for the proposed pool, it was bought several years ago with no distinct purpose in mind, the land has to be paid for regardless of what goes there, and he would prefer to see the land used for a worthwhile purpose rather than just lay empty
  • a referendum would be a non-binding referendum, and regardless of the outcome the Council would still be charged with deciding whether or not to move forward with the pool and if it would be in the best interests of the community
  • a referendum would push the opening of the pool from 2009 to 2010
  • he would have preferred to see the project begin as a true community pool where it may have cost the tax payers a few extra dollars a year and people could be charged by the day for using the pool
  • people arguing that the pool must be self-sustaining can’t counter-argue that the pool must also offer discounted membership for various groups

In summary, the Councilman stated that he does not support a referendum because it would not change the process by which he has to make a decision on this issue, either for or against.

Councilman Napoliello stated that this current pool process began when he was appointed mayor in 2005 and asked that a Pool Committee be formed to assess the feasibility of a pool in town, however also noting at that time that if a pool would cost tax payers money, he would not support one. He is disappointed that it has turned into such an unpleasant issue over the last two years. He agreed with Councilman Algeier that it is his job as a Councilman to look at all of the facts presented and make a sound decision on Randolph’s behalf based on those facts. He praised the work done by John Van Brunt as the Director of Parks, Recreation and Community Services, and he expressed his opposing view to a letter written to a local newspaper from a resident that inferred Mr. Van Brunt was unethical in his actions regarding the pool.

Councilman Metz noted that he chose to be a volunteer on the Pool Committee when he was a member of the Recreation Committee. The Pool Committee was made up from a diverse group of people, and he summarized the steps taken by the Committee from acquiring a consultant to the completion of their final report and the varying levels of review following the report. He believes there is a lot of misinformation circulating around, to the extent that a fictitious letter in opposition of the pool was submitted to the local newspaper and was printed. He echoed Councilman Napoliello’s assessment of the fine work done by John Van Brunt, noted that he has worked closely with him for many years.

Councilman Metz went on to report that he was unable to attend the Traffic Advisory Committee meeting but did ask for a summary of what was discussed. He noted that State Farm Insurance Company is contributing a lot of money to help showcase the driver safety program at the Freedom Festival Parade and other public events. The Councilman also noted that the Board of Education hasn’t met with him in a long time.

Manager Lovell responded that he will try to coordinate a meeting with the Board of Education.

Councilman Alpert stated that the personal nature of the accusations being leveled on both sides of the pool project has brought the whole issue to a new level. He not only disagrees with the charge that Mr. Van Brunt behaved unethically, he emphasized that he believes Mr. Van Brunt operated well within his job function and description. He thanked Mr. Van Brunt for all he has done for Randolph.

Mrs. Whilden called for a Point of Order at this time and felt that since she was being accused of calling Mr. Van Brunt unethical, she has the right to respond. She emphasized that she did not call Mr. Van Brunt unethical, however she felt that his actions regarding the pool and the online petition were unethical.

Councilwoman Price reported that there is still a rabies warning in Randolph stemming from a bite received from a fox infected with a strain of rabies found in raccoons. The Board of Health advises anybody seeing suspicious behavior in animals to contact the Animal Control Officer and the police department. The Councilwoman reported to the Board of Health the Council’s comments and concerns regarding certification for food handlers in Randolph, and they have agreed to do further investigation to ensure that local businesses will not endure unnecessary hardships as a result of this measure. The Parade Committee has begun their fundraising effort by asking for donations from local businesses to help finance the Freedom Festival.

Deputy Mayor Mitsch made several observations regarding the pool issue, including:

  • the elected council members are charged with exploring options where there could be a betterment to the community as a whole
  • the pool process, which has always been conducted openly and publicly, is almost at the two year mark and there has been ample opportunity for people on all sides of the issue to come forward and state their views
  • John Van Brunt plays a huge role in the success of the recreational opportunities this town offers and for the fine reputation Randolph enjoys on that level
  • Mr. Van Brunt should act as an advocate for any type of recreational facility or program when there is a demand placed for it and did not act unethically
  • a very negative energy has taken hold on the part of some residents opposed to the pool
  • a final decision has not been made regarding the pool but it is the Council’s obligation to explore the issue and discuss whether or not it will be an enhancement to Randolph

Mayor Obremski received a request from the Landmarks Committee to reactivate their trust so that they can start fundraising for stonework to be done at the cemetery.

Manager Lovell responded that he will look into their request. He also complimented the Mayor on his initiative recognizing the high school athletes this evening.

DISCUSSION

A. Policy for Videotaping Public Meetings—Council Letter #18-07

Manager Lovell reported that Township Attorney Buzak has provided suggestions to modify the policy discussed last year by the Council.

Attorney Buzak reviewed the suggested amendments for the Council, the most notable of which is where the camera should face during a meeting.

Councilman Algeier made a motion to approve the guideline as recommended and presented. 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. Results of the Petition—Pool Membership

Manager Lovell stated that the purpose of having the online petition was simply to determine whether or not there would be enough support for pool membership to make it self-sustaining. This evidence was required by the New Jersey Department of Community Affairs before they consider a request to waive a five percent cash down payment. The Manager charged Tom Russo, Linda Johnson, and John Van Brunt with gathering and sorting the required information, and it is his opinion that the job was well done.

Linda Johnson, Chair of the Pool Committee, summarized how the online petition was initiated and all of the steps taken to ensure accurate and reliable information was gathered. While the petition remains online and people can still express interest, a deadline of May 15 was determined at the onset to see if 1,000 signatures could be obtained. As of May 15, there were 1,107 verified and re-verified names on the petition. It is the opinion of the Pool Committee that the integrity of the petition will prove to be sound evidence for the Department of Community Affairs.

Mayor Obremski asked if there was a breakdown of types of membership in the survey.

Mrs. Johnson responded that they do have that information.

C. Summer Meeting Calendar

Manager Lovell reviewed the calendar of events regarding the pool as follows:

  • The Council Work Session on May 31 will set the agenda for the June 7 meeting
  • If Council is supportive, the Manager will ask for the introduction of the bond ordinance at the June 7 meeting
  • June 20 is the deadline from the Department of Community Affairs to submit the application to waive the five percent cash down payment
  • For meetings on June 28 and July 10 no action would be taken on the pool
  • July 11 is the date the Department of Community Affairs would be hearing the application
  • August 7 would be the next scheduled Council meeting

Assuming the pool is to move forward, and so as not to further delay the pool, the Manager has asked that the July 10 Council meeting be moved to July 12, the day after the Department of Community Affairs hears Randolph’s application, so that action can be taken should the DCA rule favorably.

Councilman Metz made a motion to change the council meeting date from July 10 to July 12, 2007. 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

Manager Lovell took this opportunity to comment that, as Township Manager, he expects his department heads to be advocates for their departments and the activities for which they are responsible. It is his belief that Mr. Van Brunt was acting in the role of advocate by alerting the public that a petition exists, and his use of township letterhead and email was appropriate for this endeavor.

D. 2007 Bond Sale

Manager Lovell noted that a review of Randolph’s debt has been taking place over the last several weeks. A good deal of that debt has been financed with temporary notes, which has been very effective in reducing the debt, and the township has benefited from low interest rates. However, temporary notes can only be used for a period of ten years and then you must go to permanent financing. A number of projects are nearing that ten year period, and in light of today’s market it makes sense to go out and sell ten year bonds, the sale of which would be conducted on August 21, 2007. The Manager stated that the Council will be asked tonight to approve a contract with Nisivoccia & Company to assist in the bond sale.

The Manager also noted that the Open Space Fund is generating a good deal of revenue and there is not much land left in the township suitable for open space acquisition. He believes an analysis should be undertaken that would eventually reduce the tax rate for open space acquisitions. A possible course of action would be to redirect the focus to the maintenance of the large park and trail systems that exist in the township.

Councilman Algeier asked Councilman Alpert, as liaison to the Open Space Committee, to discuss the Manager’s suggestion with them at their next meeting so that they can start considering protecting the facilities we have.

E. Overnight Storage of Vehicles

The Manager reported that he will prepare an amendment to the ordinance pertaining to the overnight storage of vehicles and present it to the Council in the near future. This amendment will enable Randolph to enforce the positions of the Planning Board and Board of Adjustment when there is a violation to a site plan.

F. Health Insurance Fund Performance

Manager Lovell reported that the health insurance fund is performing very well and the fund was able to provide member towns with dividends this past year. It is now possible to offer membership to Boards of Education, and the Manager will be asking our local Board of Education to consider joining as this could offer significant savings. He provided the Council with documentation on the performance of the fund for their perusal.

G. James Andrews County Park—2007 Deer Hunt

The Manager noted that the Executive Secretary of the Morris County Park Commission informed him that they have agreed to undertake a deer hunt at James Andrews Park. The Manager would like to form a committee to advise and work with the county on this issue, which would include John Van Brunt and a representative from the police department. A very important element will be to ensure both the park and the trail are closed off and well marked for the hunt.

Councilman Napoliello volunteered to be a part of the committee.

H. Set Facility Sub-Committee Meeting

The Manager reported that several quotes have been received from architects for three pending projects and they are expecting quotes on a couple more. He asked that a meeting be scheduled for the near future. Councilman Algeier, Councilman Alpert and Councilman Napoliello volunteered to be on the Facility Sub-Committee. A meeting was set for June 7, 2007, starting at 6:00 p.m.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #10-07: Amending Ordinance #09-96—Creating an Aquatic/Recreation Center Utility, Eliminates Membership Deposit

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 9-96, ADOPTED BY THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, ON MARCH 19, 1996” be read by title on second reading and a hearing held thereon.

The Manager noted that this ordinance eliminates language pertaining to a membership deposit fee that is no longer relevant.

The meeting was opened to the public for hearing.

Judith Stewart, 114 Everdale Road, asked if adoption of this ordinance would prevent future collection of money from pool members.

Manager Lovell responded that it would not prevent future collection of money from members.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 9-96, ADOPTED BY THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, ON MARCH 19, 1996” 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. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #11-07: Authorizing the Acceptance of a Conservation Easement Deed, Shade Tree Easement Deed and Stormwater Maintenance Agreement—Collinson Brothers, Davis Avenue Subdivision

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A CONSERVATION EASEMENT DEED, SHADE TREE EASEMENT DEED AND STORMWATER MAINTENANCE AGREEMENT FOR LOTS 9 AND 10, BLOCK 71, IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that this ordinance pertains to a subdivision on Davis Avenue where two homes were razed and six new homes constructed.

Mayor Obremski noted that a resident of Davis Avenue expressed concerns about the lack of communication on the part of the developer to the residents of the street, and also the road closures and parking of trucks that are inhibiting traffic in and out of the street.

The Manager responded that he would appreciate hearing from the resident so that he can have the specifics in hand when he speaks to the developer.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A CONSERVATION EASEMENT DEED, SHADE TREE EASEMENT DEED AND STORMWATER MAINTENANCE AGREEMENT FOR LOTS 9 AND 10, BLOCK 71, IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Price 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

COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Release Road Opening Cash Bond for 12 Middlebury to American Machine Tool Repair—$300.00

R-133-07

WHEREAS, on November 11, 2006, 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 installing a water service line for 12 Middlebury Boulevard, Block 18.01, Lot 1.06; 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 American Machine Tool Repair, 961 Route 10 East, Building 2M, Randolph, NJ 07869.

(2) Refund Teen Travel Camp Registration Fee to Marylou Rybicki, Minus $100.00 Processing Fee—$750.00

R-134-07

WHEREAS, Marylou Rybicki registered her child for Teen Travel Camp and paid the fee of $850.00; and

WHEREAS, her son will not be attending the Teen Camp due to a family conflict.

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 $750.00 ($850.00 minus $100.00 processing fee) be refunded to Marylou Rybicki, 250 Washington Valley Road, Randolph, NJ 07869.

(3) Refund Day Camp Registration Fee to Steve and Sue Adler, Minus $100.00 Processing Fee—$495.00

R-135-07

WHEREAS, Steve and Sue Adler registered their child for Day Camp and paid the fee of $595.00; and

WHEREAS, their son will not be attending the Day Camp due to a family conflict.

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 $495.00 ($595.00 minus $100.00 processing fee) be refunded to Steve and Sue Adler, 46 Wilkeshire Boulevard, Randolph, NJ 07869.

(4) Refund Teen Travel Camp Registration Fee to Mr. and Mrs. Krauze, Minus $100.00 Processing Fee—$750.00

R-136-07

WHEREAS, Mr. and Mrs. Krauze registered their child for Teen Travel Camp and paid the fee of $850.00; and

WHEREAS, their son will not be attending the Teen Travel Camp due to conflicts with school schedules.

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 $750.00 ($850.00 minus $100.00 processing fee) be refunded to Mr. and Mrs. Krauze, 15 Peace Road, Randolph, NJ 07869.

(5) Refund Day Camp Registration Fee to Susan Eisenman, Minus $100.00 Processing Fee—$495.00

R-137-07

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

WHEREAS, her daughter will not be attending the Day Camp due to a conflict.

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 $495.00 ($595.00 minus $100.00 processing fee) be refunded to Susan Eisenman, 17 Winding Way, Randolph, NJ 07869.

B. Authorizing an Award of Contract for the 2007 Freedom Festival Fireworks to be Held on June 30, 2007 (Rain Date July 1, 2007)—$12,100.00

R-138-07

WHEREAS, the Township of Randolph wishes to award a contract for the 2007 Freedom Festival Fireworks to be held on June 30, 2007; and

WHEREAS, bids have been advertised and received on May 2, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Garden State Fireworks, Millington, New Jersey, submitted the low bid for the 2007 Freedom Festival Fireworks at a total contract price of $12,100.00 with the right to purchase additional shells if funds allow.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Garden State Fireworks, Millington, New Jersey, for the 2007 Freedom Festival Fireworks, at a total contract price of $12,100.00 with the right to purchase additional shells if funds allow.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 17, 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, Celebration of Public Events, to award a contract to Garden State Fireworks for the 2007 Freedom Festival fireworks in the amount not to exceed $12,100.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Professional Services Agreement with Nisivoccia & Co. for Issuance of General Obligation Bonds—$15,000.00

R-139-07

WHEREAS, the Township of Randolph has a need to acquire professional services in the issuance of general obligation bonds 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 plus previous agreements will exceed $17,500.00; and

WHEREAS, the services shall be provided for the year 2007; and

WHEREAS, Nisivoccia & Company, LLP, has submitted a proposal on May 2, 2007, indicating they will provide professional services in the issuance of general obligation bonds for $15,000.00; and

WHEREAS, Nisivoccia & Company has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia & Company 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 the township of Randolph 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 Nisivoccia & Company as described therein; and

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 17, 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 Various Capital Ordinances to award a contract to Nisivoccia & Company for the preparation of the Official Statement to the 2007 Bond Sale in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing the Extension of Current Network Computer Support Services with Link High Technologies, Inc. for an Additional Two Years—$53,760.00

R-140-07

WHEREAS, the Township of Randolph awarded a twelve-month contract with the option to extend for an additional twenty-four months to Link High Technologies, Inc., Denville, New Jersey, for network support services on June 29, 2006; and

WHEREAS, the Township is satisfied with the current vendor and would like to exercise the right extend the contract for an additional two years at a total cost of $53,760.00.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be extended to Link High Technologies, Inc., Denville, New Jersey, for an additional twenty-four months from July 1, 2007 through June 30, 2009 at a total contract price of $53,760.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 17, 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 and funds will be available in the 2008 and 2009 Budget, Data Processing, Other Expense, and Water and Sewer, Other Expense, to award a contract to Link High Technologies, Inc., for Network Computer Services in the amount not to exceed $53,760.00.

July 1, 2007, to December 31, 2007 = $13,440.00
January 1, 2008, to December 31, 2008 = $26,880.00
January 1, 2009, to December 31, 2009 = $13,440.00

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing the Rescission of 2007 MCCPC Contract From Iron Age Corp. for Work Shoes and Boots and Uniforms and Award of Same to Lehigh Valley Safety Supply Co.

R-141-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a contract on December 7, 2006, to Iron Age Corporation of Pittsburgh, Pennsylvania, for Category B (Work Shoes & Boots) of Contract #22 (DPW Uniforms); and

WHEREAS, the United States Bankruptcy Court has notified Randolph Township, being the lead agency in the MCCPC, that Iron Age has filed for Chapter 11 Bankruptcy; and

WHEREAS, due to complaints from the MCCPC membership and communication with representatives of Iron Age Corporation, Iron Age is no longer able to service the membership according to the original contract specifications through the duration of the contract period ending December 31, 2007; and

WHEREAS, it is in the public interest to rescind Iron Age Corporation’s contract for Category B (Work Shoes and Boots) of Contract #22 (DPW Uniforms) for non-compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Category B (Work Shoes & Boots) of Contract #22 (DPW Uniforms) be rescinded from Iron Age Corporation for non-compliance with the bid specifications.

WHEREAS, in order to have a contract in place for the MCCPC membership, the second low bidder (Lehigh Valley Safety Supply Company) of Allentown, Pennsylvania, was contacted and has agreed to take over the contract for Category B (Work Shoes & Boots) of Contract #22 (DPW Uniforms) for the duration of the contract period until December 31, 2007, at the identical “bid” prices submitted on October 26, 2006; and

WHEREAS, it is in the public interest to award a contract to the second low bidder, Lehigh Valley Safety Supply Company of Allentown, Pennsylvania, under the MCCPC Contract #22 (DPW Uniforms) for Category B (Work Shoes & Boots).

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Category B (Work Shoes & Boots) of Contract #22 (DPW Uniforms) be awarded to the second low bidder, (Lehigh Valley Safety Supply Company), for the duration of the contract period until December 31, 2007.

F. Authorizing the Township to Charge a Fee of $50.00 for Specifications on Water Main Extensions Contract C

R-142-07

WHEREAS, the Township will be bidding a contract for Water Main Extensions for Contract C; and

WHEREAS, due to the size of the bid packet and the time it will take to copy and bind, the Township would like to charge a fee of $50.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to charge a fee of $50.00 to those vendors/individuals requesting bid specifications.

G. Raffles

(1) Special Permit for Social Affair, St. Andrew’s Greek Orthodox Church, 1447 Sussex Turnpike, Randolph, NJ—June 8 and 9, 12:00 p.m. to 11:00 p.m., and June 10, 12:00 p.m. to 8:00 p.m.

(2) On-Premise Raffle, Kiwanis Club of Randolph, County College of Morris (Freedom Festival), Center Grove Road—June 28 from 7:00 p.m. to 11:00 p.m., June 29 from 7:00 p.m. to 11:00 p.m., June 30 from 2:00 p.m. to 11:00 p.m., July 1 from 1:00 p.m. to 11:00 p.m.

OPEN TO PUBLIC

Adam Zyto, 18 Alpine Drive, noted that he shares the Council’s opinion of Mr. Van Brunt and the work he does for the township. However, he stated that he was shocked by both the actions of the public in attendance tonight towards Mrs. Whilden and the fact that no one on the Council attempted to stop them. Mr. Zyto disagreed with Councilman Algeier’s comments that everyone was welcome to serve on the Pool Committee and that those who oppose the pool are pointing fingers and behaving negatively. He will check his notes, but it is his recollection that a call went out to the community to those persons interested in bringing a pool to Randolph, and since he had no interest in a pool, he didn’t join the committee. He has, however, attended every forum and reviewed all of the information pertaining to the pool, so he believes he and others are well informed and entitled to be heard and taken seriously.

Sandra Brinker, 25 Bedminster Road, agreed with Mr. Zyto’s comments concerning the inappropriate actions against Mrs. Whilden by the public and defended Mrs. Whilden’s belief that an ethical boundary may have been crossed by Mr. Van Brunt. It is her belief that staff members should remain unbiased on projects until all of the information has been gathered. Mrs. Brinker believes she is a positive person and that the citizens have the right to have a say in major decisions of the community. Concerning Councilman Algeier’s statements that a non-binding referendum on the pool would not end the process, she notes that the non-binding referendum for the library seems to have signaled the end for that project. Mrs. Brinker stated that she understood that Water Technologies, the firm hired as a consultant on the project, would be the builder.

Mayor Obremski noted that her information about Water Technologies was not correct.

Manager Lovell stated that, pertaining to the statement that staff members should not be proactive about proposed projects, several wonderful amenities that now exist would not have been built if staff members and council members had not been proponents or taken a leadership role. He expects his staff to express their opinions and be advocates for projects for which their departments are responsible. He reiterated his belief that Mr. Van Brunt did not act inappropriately and would have made it clear to him if he thought differently. Regarding Water Technologies, their service to the township is finished at this time, although nothing precludes them from submitting, at the appropriate time, a bid for the design and construction of the project along with any other interested parties, which is a very public process where the law is very clear on what a township may or may not do.

Judith Stewart, 114 Everdale Road, asked if the Manager received her information regarding recycling at the Motor Vehicle Inspection Station.

Manager Lovell responded that he did receive the information and an attempt was made to contact them and provide them with two recycling containers. However, his office has since been instructed to “stand down” until the Motor Vehicle Agency can get more information from the state on what they can and can not do about recycling.

Mrs. Stewart disagreed with Councilman Algeier’s statement about how members of a pool being required to post bonds would make the pool exclusive. She also disagreed that the pool could not be used for some public purposes and that the Council should have control over the way it would be run. Mrs. Stewart stated that if the pool is truly going to be private, then it shouldn’t be bonded with municipal bonds, which enjoy a lower tax rate, but rather bonded privately at a higher tax rate.

Adam Zyto, 18 Alpine Drive, asked when a discussion took place among the Council regarding the bonding proposal suggested by Mrs. Stewart.

Councilman Algeier responded that it is his understanding that a discussion on the bonding proposal put forward by Mrs. Stewart would be necessary only if a council member wanted to put it forward. There is no requirement or protocol that states the Council has to discuss something simply because a member from the public suggests it.

Sandra Brinker, 25 Bedminster Road, noted that the Rockaway River Watershed Cabinet discussed the goose problem at their last meeting, and it was noted that inroads have been made regarding the deer problem. It is her understanding that the proposed deer hunt in Randolph would be a one-day event, the hunters would cart away and use what they could, and the rest would be donated to a worthy cause.

Hearing no further comments, the public portion was closed.

COUNCIL COMMENTS

Deputy Mayor Mitsch reiterated her comments that Mr. Van Brunt acted within the realm of his job description, just as Mrs. Freeman was an advocate for a proposed new library. Comparing the referendum for the library to a referendum for the pool is inappropriate because a new library would have meant a tax increase for the residents, while a pool would not mean a tax increase. A suggestion that a pool be built big enough to support all the families in Randolph is unrealistic and would only work in a town that is handed money from the state for such projects, which Randolph is not.

Councilman Algeier reported that he received a phone call from the attorney representing The Learning Experience. This was a proposed project located in an area proposed for rezoning at the beginning of the year, which was defeated at the time but has since been reintroduced and is up for hearing and adoption in the near future. The application was recently denied by the Planning Board. The attorney stated that he feels that the town is picking on his client and relayed information he received stating that opponents of his application had an attorney paid for by a third party and that he was prepared to go public with this information. Councilman Algeier contacted the Township Attorney about this and was assured that it was not unusual for objectors of a project to hire an attorney. Mr. Buzak agreed that Councilman Algeier should bring the topic to the Council as well as the Planning Board, but there was really nothing to be concerned about and no action necessary. The Councilman also contacted the third party to inform him that he was going to bring this to the Council’s attention.

Manager Lovell reminded the Council that the attorney for The Learning Experience had asked, when the rezoning ordinance was first introduced, that adoption be delayed until his application was heard before the Planning Board. The Council went along with his request and defeated the ordinance at that time. The Planning Board has since denied the application, and a new rezoning ordinance is up for final hearing and adoption in June.

Councilman Metz stated that he will have further comments regarding the pool at the May 31 meeting, however he noted that the trail system and tennis courts were not decided by referendum, not everyone in town uses them, and tax dollars are used to maintain them. The Recreation Department and the Town Manager have proven themselves capable of running good programs, and should the pool start to lose money years down the road, there is always the possibility of selling it to a private entity.

EXECUTIVE SESSION

There was no Executive Session this evening.

ADJOURNMENT

The meeting was adjourned at 10:00 p.m.

Donna Marie Luciani
Township Clerk