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: October 18, 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 Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

ABSENT: Councilman Metz

Manager Lovell noted that Councilman Metz is on a business trip in Phoenix.

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

Mayor Obremski led the Pledge of Allegiance.

Mayor Obremski welcomed several boy scouts working toward a merit badge in the audience.

APPROVAL OF MINUTES OF THE TOWNSHIP COUNCIL

(1) Regular Minutes of September 27 and October 2, 2007

(2) Executive Minutes of June 28, August 7, September 6, and September 20, 2007

Councilman Alpert made a motion to approve the minutes as presented. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Napoliello reported that there will be a presentation sponsored by the Municipal Alliance Committee focusing on the prevention of substance abuse at the Meadow Wood Manor on November 1, 2007, at 6:00 p.m.

Councilman Alpert attended an Open Space Committee meeting where there was discussion on the positive impact of the Tucker Avenue project to Randolph Township. Councilman Alpert will be attending a meeting with the Assistant Manager to make Randolph’s presentation for the open space grant.

Councilwoman Price reported that the Economic Development Committee met and that Manager Lovell provided an update to them on some of the projects in town. The Committee is finalizing plans for their annual awards banquet on October 25 at the Skylands. The councilwoman invited everyone to attend the Morristown Craft Market, sponsored by the Randolph Kiwanis Club. Councilwoman Price attended a Board of Health meeting where there was discussion focusing on the planned revisions to the animal shelter. She noted that Community Clean-Up will be held on Saturday, October 20, 2007. Also on Saturday, October 20, a shredder will be available in Town Hall for use by residents.

Councilman Algeier noted that he will be participating in Community Clean-Up as a member of the Kiwanis group. The councilman was present when the Morris County Open Space Trust Fund Committee viewed the Tucker Avenue property and believes it was viewed favorably for Randolph. Councilman Algeier was attending a Kiwanis meeting when members of the Board of Health approached Kiwanis with a request for a donation for the “vials of health”. The councilman expressed concern that the Board of Health would reject the offer of a donation from St. Clare’s and instead ask a service organization like Kiwanis, who believes the cause to be worthwhile for seniors and other members of the community. He and other members of the council believe that St. Clare’s, who actively participates in health programs that support Randolph, is the logical choice to fund this program, especially since they are willing to do so. Councilman Algeier stated that he doesn’t believe the Board of Health has the authority to approach organizations for donations without the Council’s endorsement and that he would not endorse such an endeavor unless the Board of Health had a very convincing reason not to allow St. Clare’s to participate.

Councilwoman Price noted that some members of the Board of Health preferred not to have St. Clare’s logo on the vials of life. They believe that Randolph’s logo should be on the vials and that’s why they are seeking funding from service organizations. The councilwoman stated that she will follow up on this issue with the Board of Health.

Mayor Obremski thanked the members of the Friends Meeting House for the wonderful tour they provided. The mayor noted that the eagle scout who was going to do the cemetery repair for the Landmarks Committee has reconsidered this project, and that the committee may be looking to undertake the project themselves. The committee is seeking the Council’s guidance for approaching masons to take on the project.

The Manager responded that he will speak to the Finance Director to determine the process necessary. The Manager congratulated Mayor Obremski on the success of the Stroll, Roll and Run event and also thanked the members who conducted tours of the Friends Meeting House and Museum. Manager Lovell noted that grants have been received for both the Traffic Advisory Committee dealing with youth driving for $22,000.00 from State Farm Insurance and the Doby Road Trail for $25,000.00 from the DEP. The Manager reported that the Highlands Commission has postponed action on the Heritage 55 application based upon a request of the owner. Manager Lovell will be composing a letter to the Highlands Commission, which he will distribute to the Council, regarding the project and stating why Randolph supports Heritage 55.

Mayor Obremski noted that the Council will try to hold a meeting at the Friends Meeting House in October of 2008 in honor of the 250th birthday of the building.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #25-07: Amending the Land Development Ordinance to Rezone Block 79, Lot 5, from PO/R Professional Office and Residential District to the R/PO Residential and Professional Office District

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 79, LOT 5, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT” be read by title on second reading and a hearing held thereon.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 79, LOT 5, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT” be 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 asked if this ordinance was referred to the Planning Board.

The Township Clerk stated that it had been.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

(2) Ordinance #28-07: Amending Chapter 15, Land Development Ordinance

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE I, GENERAL PROVISIONS, SECTION 15-2, DEFINITION OF TERMS AND ARTICLE IV, SUPPLEMENTARY ZONING REGULATIONS, SECTION 15-42, OUTDOOR STORAGE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

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

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE I, GENERAL PROVISIONS, SECTION 15-2, DEFINITION OF TERMS AND ARTICLE IV, SUPPLEMENTARY ZONING REGULATIONS, SECTION 15-42, OUTDOOR STORAGE, OF THE REVISED ORDINANCES OF 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 Algeier made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

DISCUSSION ITEMS

(A) Establish Policy for Alternate Public Defender

Manager Lovell stated that from time to time Randolph has to provide multiple public defenders for various reasons. He proposed creating the position of Alternate Public Defender, at the rate of $250.00 per session, which will run through the remainder of 2007, at which time the position will be placed on the annual Reorganization agenda.. Randolph has been using the services of Andrew Blair, who is amenable to the rate of $250.00 per session.

Councilman Algeier noted that this practice is becoming quite common in other communities.

Deputy Mayor Mitsch made a motion to approve Andrew Blair as the Alternate Public Defender for the balance of 2007. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

(B) Establish Billing Policy for Connections to Water and Sewer System Without Approvals

Manager Lovell discussed the issue of unauthorized consumers who hook into the water system and suggested a policy be put in place that would include the following:

  • The payment of the current connection fee.
  • The payment of the current stub fee.
  • The payment for meter installation.
  • The calculation of back-charges for water and sewer consumption dating from the date of water line installation or the issuance of a certificate of occupancy, whichever is later. In the event of a change of ownership, the date of possession of the property. Usage calculations will be based on the average for surrounding properties for that time period.
  • The inclusion of interest charges during the period of back-charges.
  • Payments made within 60 days.
  • If property owners deny an illegal hook-up exists, water will be turned off and the township will break the connection.
  • If payment is not made, water and sewer service will be terminated.

The Manager believes that these occurrences amount to a theft of services and should not be treated lightly. He seeks the Council’s acknowledgement of the proposed policy this evening. Upon Council approval, his memorandum will be in place for the staff to refer to as Randolph deals with some on-going issues with some Mendham consumers.

Councilman Algeier proposed the following amendments to the Manager’s proposal:

  • Immediate payment for current connection and stub fees
  • Property owner will be responsible for the cost of the crew turning off the water and then turning it back on again.
  • Property owner paying Township attorney fees
  • The township reserves the right in all cases to refer to the township attorney or prosecutor depending on the circumstances of the connection.

The councilman also suggested distributing the policy to the offenders.

Manager Lovell noted that he will make the suggested changes and get them distributed to the Council for review.

(C) Parks Advisory Committee Recommendation—Hunting—Revised Ordinance

Manager Lovell stated that the Parks Committee offered several very good recommendations in regard to the proposed ordinance, including:

  • Only allowing bows and arrows, no guns on municipal property.
  • No hunting permitted on Saturdays, Sundays, or holidays.

The Manager noted that the ordinance has been amended reflecting those changes and he plans to have it ready for introduction in November.

Councilman Algeier proposed an additional “WHEREAS” which would mention the diseases that these animals bring to the community and neighborhoods, and he would suggest mentioning Lyme disease specifically.

(D) MCMUA/Randolph—NJDEP Water System Permit Moratorium

Manager Lovell reported that he and Mr. Buzak, as well as other staff members, met with the Executive Director and Engineer for the Morris County MUA. The Manager provided an update on the MUA’s discussions with the DEP in regard to the peak demand limitations. The DEP has suggested the MUA revise one of the factors utilized in determining the equations, which would create some flexibility resulting in Randolph being allotted an additional 50,000 gallons and should allow for adequate capacity for the Kushner project, the Nitti project, and Heritage 55. He noted, however, that this is not a done deal until it is reviewed and approved by the DEP and that Randolph’s numbers will not improve until September of 2010. The Manager did state, however, that the odd/even sprinkling program, combined with aggressive enforcement, has been successful.

Manager Lovell noted that this brings up Randolph’s responsibility to begin the Butterworth Interceptor project and stated that he has a series of engineers to be interviewed to design the project. He asked that three Council members participate in the interview process.

Councilman Algeier, Councilwoman Price, and Deputy Mayor Mitsch offered to sit in on the interview process.

Township Attorney Buzak cautioned that the long range water conditions for the county MUA are not good and that the long range goals and plans of the county are going to be affected substantially by the limitation of water.

(E) Board of Health Recommendation—Youth Drinking Prevention

Manager Lovell reported that the Advisory Board of Health has asked that the Council consider a resolution supporting the concept of keg registration.

Councilman Napoliello noted that he is on a legislative committee in Trenton and this resolution was soundly rejected by the League of Municipalities Legislative Committee. Councilman Algeier and Councilman Alpert agreed that this resolution would not prevent youth drinking.

No action was taken on the resolution by the council.

Councilwoman Price will inform the Board of Health of the decision of the council.

(F) Annual Recognition of Volunteers and Staff Members

Manager Lovell suggested a program for December 6, 2007, at 6:30 p.m. recognizing the volunteers and staff.

(G) Council Memo 37-07—Request to Revise Soil Movement Cash Bond

Manager Lovell reported that a soil movement permit was approved in November 2006 for 8 Middlebury pending the posting of a cash bond in the amount of $25,000.00. Another soil movement permit was issued for 5 Middlebury, and Randolph is in possession of $10,000.00 cash bond. Both properties are owned by Scott Dickerson, who is asking for relief from the additional $25,000.00 cash bond payment. However, the ordinance in place clearly states that no permit will be granted until the owner or applicant files with the Township Manager a cash bond in such an amount as to be sufficient to ensure favorable performance of soil movement operations. The Manager is suggesting a compromise where Randolph will retain the $10,000.00 that has been posted for 5 Middlebury and require the posting of an additional $15,000.00 cash bond for 8 Middlebury, with neither bond being released until the soil movement is completed for both sites.

Councilman Algeier proposed revising the ordinance so that perhaps 60 percent of a bond be paid in cash and 40 percent be through insurance bonds.

Township Attorney Buzak suggested the possibility of letters of credit.

Deputy Mayor Mitsch made a motion to approve the settlement which will require an additional $15,000 cash bond for 8 Middlebury as set forth in the Manager’s memo. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

H. Cancel October 25, 2007 Council Meeting

Manager Lovell noted that the November 1 meeting has a light legislative agenda and sees no reason to hold a meeting on October 25.

In reviewing the agenda for November 1, Councilman Algeier asked that the press be notified of the presentation of flags to our police officers who served in the military.

Councilman Algeier made a motion to cancel the October 25, 2007 Council Meeting. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

COMBINED ACTION RESOLUTIONS

Deputy Mayor Mitsch made a motion to approve the Combined Action Resolutions. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

A. Release of Cash Performance Guarantees to Robert and Joseph Pallay for Casserta Farms—Cash Portion of Performance Guarantee—$9,240.19 and Performance Guarantee for Water Improvements—$9,952.51 Plus Accrued Interest

R-268-07

WHEREAS, on October 24, 1985, the Engineering Department received and deposited with the Finance Department a check in the amount of $6,539.61 to serve as the required 10% cash portion of the performance guarantee; and

WHEREAS, it has been recommended by the Engineering Department that the required maintenance bond for this project be waived and the cash performance bond be released, including accrued interest, which totals $9,240.19; and

WHEREAS, the Township is also holding a cash bond in the amount of $9,952.51. This was posted to serve as a cash portion of the performance guarantee for the water improvements on site.

WHEREAS, it is also recommended that the maintenance bond for water improvements be released to the developer—$9,952.51.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash bond in the amount of $9,240.19 and $9,952.51 plus accrued interest be refunded to Robert & Joseph Pallay, P.O. Box 10, Boonton, NJ 07005.

B. Release of Police Detail Escrow to Nancy White—$106.50

R-269-07

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:

Nancy White $106.50

C. Approving the Insertion of Revenue From Recycling Tonnage Grant Into 2007 Budget—$23,259.75

R-270-07

WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $23,259.75 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with prior written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Recycling Tonnage Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $23,259.75 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Recycling Tonnage Grant

D. Authorizing Award of MCCPC Contract for Purchase of Model Year 2008 Vehicles on an As-Needed Basis

R-271-07

WHEREAS, the Township of Randolph authorizes an award of four (4) contracts (38 categories) on behalf of the Morris County Cooperative Pricing Council (MCCPC); and

WHEREAS, bids have been advertised and received on September 12, 2007, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the following contracts:

Contract #15-A: Police Pursuit Vehicles (4 Categories)
Contract #15-B: Administrative Passenger Vehicles (7 Categories)
Contract #15-C: Utility Vehicles (14 Categories)
Contract #15-D: Dump Bodies (13 Categories)

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets dated October 3, 2007, are the lowest responsible bidders meeting the specifications for each contract 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 category above.

E. Amend Professional Services Agreement with Fred Knapp—Increase by $10,000.00 to a New total of $15,000.00

R-272-07

WHEREAS, there exists a need to amend the Professional Services Agreement with Fredric Knapp, Esq., of Laufer, Knapp, Torzewski & Dalena, LLC, dated January 1, 2007, for professional legal services as Special Labor Counsel; and

WHEREAS, the cost of such amendment will not exceed $10,000.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that Change Order #1 not to exceed $10,000.00 be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 18, 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 2007 Budget, Legal, Other Expense, to amend the contract to Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski & Dalena, LLC, for professional legal services as special labor counsel in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Approve Professional Services Agreement with Fox Architectural Design For Architectural Planning Services at the Calais Road Complex—Not to Exceed $13,700.00

R-273-07

WHEREAS, there exists a need to enter into a Professional Services Agreement with Fox Architectural Design PC, for professional architectural planning services in connection with the Calais Road Complex; and

WHEREAS, quotes were received from five architects and Fox Architectural Design PC was the most appropriate; and

WHEREAS, professional services will not exceed thirteen thousand seven hundred dollars ($13,700.00); 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 Fox Architectural Design PC, Randolph, New Jersey.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 18, 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 Capital Improvement Fund, Reserve for Preliminary Expenses, Calais Road Complex, to award a contract to Fox Architectural Design PC for professional architectural planning services in connection with the Calais Road Complex in the amount not to exceed $13,700.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Approve Professional Services Agreement with Andrew J. Blair, Esq., to Serve as an Alternate Public Defender—$250.00 Per Appearance—Not to Exceed $2,500.00

R-274-07

WHEREAS, there exists a need to enter into a professional services agreement with Andrew J. Blair, Esq., as Alternate Public Defender as needed for cases with multiple defendants; and

WHEREAS, the cost for this service will be at a rate of $250.00 per appearance not to exceed $2,500.00.

WHEREAS, funds are available for this service; and

WHEREAS, the Local Public Contracts law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW THEREFORE BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that the Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Andrew J. Blair, Esq.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 18, 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 General Trust Fund, Reserve for Public Defender, to award a contract to Andrew J. Blair, Esq., as Alternate Public Defender as needed for cases with multiple defendants in the amount not to exceed $2,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Township Manager to Sign TWA for Replacement of Septic System at 683 Millbrook Avenue

R-275-07

WHEREAS, Morris Cirlincione, the owner of 683 Millbrook Avenue, has a failing septic system; and

WHEREAS, he has retained a professional engineer who has prepared a design to replace the existing system; and

WHEREAS, because the system generates in excess of 2,000 gallons of wastewater per day, they must apply to the NJ Department of Environmental Protection for a Treatment Works Approval (TWA); and

WHEREAS, the TWA requires endorsement by the governing body and the Health Department; and

WHEREAS, the design has been reviewed and approved by the Health Department and its designee has signed the TWA application on behalf of the Department.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township Manager is authorized to sign the TWA.

I. Endorsing the “Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007”

R-276-07

WHEREAS, continued investment in open space, farmland and historic preservation is vitally important to the State, as it enhances New Jersey’s economy, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its charter; and

WHEREAS, New Jersey continues to face incredible pressure from development, losing over 40 acres of open space daily to new development projects; and

WHEREAS, protecting open spaces and improving community parks throughout the State, including urban areas, supports New Jersey State and local economics by stabilizing local property taxes and revitalizing communities; and

WHEREAS, the Garden State Preservation Trust, the financing authority for the Green Acres, Farmland and Historic Preservation programs, is virtually depleted despite the continued need for the programs it makes possible; and

WHEREAS, on November 6, 2007, the voters of New Jersey will be asked to approve the Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007 which authorizes the State to issue $200 million in bonds to fund New Jersey’s preservation programs for one year and the Blue Acres program to purchase flood prone properties; and

WHEREAS, passage of the Bond Act is desperately needed to fund the continued protection of New Jersey’s natural areas and cultural sites while a long-term funding solution for the Garden State Preservation Trust is determined and secured.

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

1. The Township of Randolph encourages the voters of New Jersey to vote yes on the Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007 on November 6.

2. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following:

The Honorable Jon Corzine, Office of the Governor,
P.O. Box 001, Trenton, NJ 08625-001
State Senator Anthony Bucco
State Assemblyman Michael Patrick Carroll
State Assemblyman Richard Merkt
Keep It Green, c/o of NJ Audubon Society,
142 W. State St., 4th Floor, Trenton, NJ 08608
Daily Record, Star Ledger, Randolph Reporter

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, asked if hunters can chase wounded deer onto private property. He also asked if sharp shooters will be hired at some point in time.

Manager Lovell responded that the hunters will primarily be in tree stands in the woods and can not chase a wounded animal to private property. He also noted that sharp shooters are very expensive.

Judith Stewart, 114 Everdale Road, noted that, while she believes the hunt is a good thing, it needs to be well publicized before and during the hunt. She also suggested educating the schools and the children about the hunt. Mrs. Stewart agrees that hunting should not be permitted on Saturdays since it is already prohibited on Sundays in Morris County.

Mayor Obremski responded that the town will be well marked.

Mrs. Stewart cautioned the Council to consider additional transportation alternatives for senior citizens in light of the issue likely being raised again at the next Community Services Committee. She reiterated her desire to see closed meeting minutes made available to public as allowed by law.

Manager Lovell responded that he is planning to release closed meeting minutes beginning in November.

Sandra Brinker, 25 Bedminster Road, expressed concern that people who connect to the water system illegally are circumventing the approval processes by the Board of Adjustment or Planning Board and believes there should be a penalty for doing so. Mrs. Brinker stated that she is concerned that the bow and arrow hunt will result in injured deer coming on to private properties and finds this scenario upsetting. She would also like to know who to contact to get speed limit signs posted in her development.

Manager Lovell responded that the consumers who are connected illegally to the water system are not the developers of the subdivisions but are the homeowners who purchase those properties. It is not an issue of people building without permits or subdivision approval.

Lee Whilden, 82 Radtke Road, asked if these are Randolph residents with a Mendham address.

Manager Lovell responded that they are Mendham residents.

Hearing no further comments, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that he was speaking with a member of the Morris County Park Commission who advised him to suggest Randolph draft an ordinance dealing with gypsy moth infestation so as to be eligible for grant money. He asked the Manager to have a staff member get some information from the Park Commission and forward that information to the Environmental Commission so that they can begin to act on it quickly.

Deputy Mayor Mitsch agreed with Mrs. Stewart’s comment that senior transportation will continue to be a growing problem in the future and believes the council should look at areas to address that issue.

Manager Lovell responded that he will ask the attorney to research the idea of regulating services be provided by residential complexes, such as the Sunrise Assisted Living complex in Randolph, in order to alleviate some of the demand for transportation.

EXECUTIVE SESSION

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

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

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

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

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

A. Chabad v. Randolph
B. Personnel

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

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

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 Alpert
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

ABSENT:
Councilman Algeier
Councilman Metz

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

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

NAYS: None

ABSENT: Councilman Metz

RECONVENE IN PUBLIC SESSION

Councilwoman Price made a motion to authorize Richard D’Angelis to file a motion for reconsideration in the Chabad tax appeal trial. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

ADJOURNMENT

The Mayor adjourned the meeting at 10:05 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

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

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski
Township Manager Lovell
Township Attorney Edward J. Buzak

Absent for the executive session was: Councilman Metz

Chabad v. Randolph

Do not release.

Personnel

Mayor Obremski noted that the Manager’s evaluation is due in October. The Clerk will also be evaluated.

Donna Marie Luciani
Township Clerk