502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: December 18, 2008

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. 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 December 11, 2008, by emailing them the meeting date and time change approved by the Council on December 4, 2008. The meeting date and time change were advertised in the Morris County Daily Record on December 15, 2008.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

ABSENT: Councilwoman Mitsch

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward J. Buzak

Mayor Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES

(1) Regular Council Meeting—November 25, 2008

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

AYES:
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSTAIN:
Councilman Algeier
Councilwoman Price

ABSENT: Councilwoman Mitsch

(2) Regular Council Meeting—December 4, 2008

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

(3) Executive Session Meeting—November 25, 2008

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

AYES:
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSTAIN:
Councilman Algeier
Councilwoman Price

ABSENT: Councilwoman Mitsch

(4) Executive Session Meeting—December 4, 2008

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she would support the Freedom Festival Parade being held on a Friday night, however she would not support the fireworks being held on a Friday night since a portion of the population would be unable to attend. Mrs. Stewart requested a change be made to the parking lot situation at the new post office since drivers are still entering the lot using the wrong driveway and creating a hazardous situation.

Geoff Price, 13 Mariner Drive, requested confirmation by the Council for the date of the Freedom Festival Parade and also requested the Council commit to provide the same level of funding as they did last year, which would amount to $15,000.00. He noted that the Parade Committee needs to start finalizing contracts for parade participants.

Manager Lovell responded that Friday, July 3, has been discussed for the parade to occur and that Saturday, July 4, will likely be the day for the fireworks. At this time he is not prepared to pledge or commit any funds since the budget process has not begun for 2009 as yet and Randolph is facing a very difficult budget year. However, he would honor any commitment that the Council chooses to make.

Councilman Algeier suggested the Council commit to a lesser amount, perhaps $12,000.00. This would allow the Parade Committee to begin signing contracts. When the budget process is complete later in 2009, the issue of the remaining $3,000.00 can be revisited.

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

COUNCIL AND MANAGER REPORTS

Councilman Alpert stated that he attended the Employee Recognition Awards celebration recognizing the many longtime employees.

Councilman Algeier noted that requests for a six-month extension for communities committing to COAH have been denied by the New Jersey Department of Community Services. He stated that one unelected official makes the final decision, controlling the freedom of 566 towns in New Jersey with the exception of the 88 which fall within the Highlands area, and noted that unelected bureaucrats have more power than elected officials. The Councilman stated that a resident contacted him regarding the traffic situation at the Shongum Elementary School. He relayed the information to Councilman Obremski and Manager Lovell, and the situation is being reviewed by the School Board. A comprehensive traffic plan was implemented, however while it is working well on school grounds, it has impacted local neighborhood roads around the school and created safety issues. Councilman Algeier noted that the Housing Partnership of Morris County is facing budget cuts. He had asked the Manager and Mayor to provide support to maintain the budget and he thanked them for their efforts, which seem to have been successful.

Councilwoman Price attended the recent Senior Holiday Dinner and Recreation Awards Luncheon. Both were well attended and she thanked the staff volunteers for making both events successful.

Deputy Mayor Metz stated that he met with the Board of Education recently. The traffic issue at Shongum School was discussed and they will be working on how to best address the situation. Also discussed at the meeting was moving forward with shared services for bus maintenance.

Mayor Napoliello reported that he traveled to Trenton recently with other Morris County officials to testify in opposition to the possible sale to developers of land at Greystone Park. Final decision on the sale of the property has been deferred, and the Commission will hold its next meeting in March 2009. The Mayor noted that Morris County Sheriff Ed Roche congratulated the Randolph police for the job they did in 2005 during the murder investigation of Jennifer Parks.

Manager Lovell reported that a retired police officer recently passed away and that a memorial service will be held at the Municipal Building on January 7 in his honor. A Memorandum of Understanding between Randolph and Allies, Inc. will be drafted in an effort to develop housing for the disabled in Randolph which would allow access to COAH funds that have been set aside in developers’ accounts. A meeting was also held with Morris Habitat for Humanity to discuss the EA Porter site. The web site will be used to communicate curbside recycling schedules when inclement weather exists. New sidewalks have been installed on Quaker Church and Center Grove using a Community Development Block Grant. A second grant application is in the works for sidewalks down Center Grove to the last driveway to Gateway Apartments. The Manager thanked Mayor Napoliello for his time and efforts as Mayor this past year and for a job well done.

Mayor Napoliello responded that he enjoyed this past year and wishes his successor the best.

DISCUSSION

(1) Morris County Improvement Authority—Solar Energy Initiative

Manager Lovell noted that he attended a meeting sponsored by the Morris County Improvement Authority and the Freeholders in Morristown on the solar energy initative. The use of solar energy options had been discussed in the past, however available programs and options were not in Randolph’s best interests. However, the County Improvement Authority has developed a concept where they could pool the buying power of all of the municipalities and boards of education in the county, as well as fire houses, utility authority buildings, sewer plants, etc., to use them for the placement of solar panels. They also presented the issue of AAA financing for the project, which is enticing in today’s market. The county has hired an energy consultant to provide evaluations with a budget of $500,000.00. Randolph responded to and submitted a survey listing those facilities making sense for solar initiatives, and the Board of Education is doing the same. The properties he has listed on the survey are:

  • The Municipal Building
  • The Public Works complex
  • Several sewer pumping stations
  • Freedom Park
  • Heistein’s Park

The Manager believes this will be a good program for the Township and will keep the Council apprised of any new developments.

Councilman Obremski noted that he believes this proposed concept is a good opportunity for Randolph and that it also includes other renewable energy sources, not strictly solar.

(2) Set 2009 Meeting Calendar

Councilman Algeier asked to move three meetings, February 19, March 19, and September 17, to a Tuesday evening.

Manager Lovell noted that the Council had asked for dates to discuss the Highlands conformance issue. However, the Manager is not certain that those dates can be assigned at this time and would like to get further into the process before scheduling the meetings. He suggested the possibility of some Saturday meetings and will try to balance the meeting dates so that the community can be involved.

COMBINED ACTION RESOLUTIONS

Deputy Mayor Metz made a motion to approve the combined action resolutions. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

A. Refunds/Adjustments Resolutions

(1) Release Road Opening Cash Bond for 1 Lookout Road to David Solomon—$500.00

R-406-08

WHEREAS, the Engineering Department has received a request from David Solomon for the release of a $500.00 cash road opening bon posted for the installation of gutter drains; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on September 23, 2008; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to David Solomon, 1 Lookout Road, Randolph, NJ 07869.

(2) Release Road Opening Cash Bond for 6 Laurel Hill Road to Jeffrey Halpern—$500.00

R-407-08

WHEREAS, the Engineering Department has received a request from Jeffrey Halpern for the release of a $500.00 cash road opening bond posted for the roof drain repair; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 17, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the roof drain repair within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Jeffrey Halpern, 6 Laurel Hill Road, Randolph, NJ 07869.

(3) Cancel 2008 Delinquent Taxes, Water/Sewer Tax and Water/Sewer Overpayments of $10.00 and Under

R-408-08

WHEREAS, it is recommended by the Tax Collector that the 2008 delinquent taxes, water/sewer and tax, water/sewer overpayments of $10.00 and under be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel the 2008 delinquent taxes, water/sewer and 2008 tax, water/sewer overpayments of $10.00 and under.

(4) Refund Escrow for Block 86, Lot 14, to Charles Robinson—$703.00

R-409-08

WHEREAS, the Planning and Zoning Department received escrow funds from Charles Robinson for Block 86, Lot 14, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $703.00 be refunded to Charles Robinson, 5 Birchwood Road, Randolph, NJ 07869.

(5) Refund Escrow Payments for Block 86, Lot 13, to Robert Reynolds—$838.00

R-410-08

WHEREAS, the Planning and Zoning Department received escrow funds from Robert Reynolds for Block 86, Lot 13, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $838.00 be refunded to Robert Reynolds, 3 Birchwood Road, Randolph, NJ 07869.

(6) Refund Escrow Funds for Block 199, Lot 60, to Felicia Spagnuolo—$622.00

R-411-08

WHEREAS, the Planning and Zoning Department received escrow funds from Felicia Spagnuolo for Block 199, Lot 60, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $622.00 be refunded to Felicia Spagnuolo, 14 Mountainside Road, Randolph, NJ 07869.

(7) Refund Road Opening Bond for 16 Heritage Court—Janice McInerney

R-412-08

WHEREAS, the Engineering Department has received a request from Janice McInerney for the release of a $500.00 cash road opening bond posted for the construction of an expansion to the driveway at 16 Heritage Court; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on November 5, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the expansion of the driveway within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Janice McInerney, 16 Heritage Court, Randolph, NJ 07869.

(8) Release Cash Road Opening Bond for the Installation of Cinder Blocks at 113 Meadowbrook Road to Denise Geary—$500.00

R-413-08

WHEREAS, the Engineering Department has received a request from Denise Geary for the release of a $500.00 cash road opening bond posted for the installation of cinder block border driveway at 113 Meadowbrook Road; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on September 19, 2008; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Denise Geary, 113 Meadowbrook Road, Randolph, NJ 07869.

(9) Credit Account for Block 86, Lot 10, Due to Disabled Veteran’s Tax Exemption Status

R-414-08

WHEREAS, Block 86, Lot 10, is assessed in the 2008 Tax List for a total of $266,700.00; and

WHEREAS, the property owner was deemed permanently disabled by the Veteran’s Administration as of April 30, 2008. The taxpayer made application on December 11, 2008, resulting in a tax-exempt status for 2008.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 86, Lot 10, for the 2008 tax year in the amount of $8,113.01.

B. Award of MCCPC—2008 Winter Bids for 2009 Contracts

R-415-08

WHEREAS, the Township of Randolph authorizes an award of twenty-eight (28) contracts and the rejection and re-bid of one (1), Contract #32 (First Aid Supplies), for the year 2009 on behalf of the Morris County Cooperative Pricing Council (MCCPC) as noted:

Contract #1: Motor Gasoline
Contract #2: #2 Fuel Oil (Heating)
Contract #5: Paving Materials
Contract #6: Road Resurfacing
Contract #7: Drainage Pipe (Delivered)
Contract #8: Anti-Freeze
Contract #9: Crushed Stone, Gravel & Sand
Contract #11: Motor Oils
Contract #12: #2 Ultra Low Sulfur Diesel Fuel
Contract #14: Catch Basins & Manhole Castings
Contract #16: Office Supplies
Contract #17: Water Treatment Chemicals
Contract #19: Cinder & Concrete Blocks
Contract #20A: Sporting Goods (spring/summer sports)
Contract #21: Oil & Stone Treatment
Contract #22: DPW Uniforms/Work Shoes & Boots
Contract #23: Police Uniforms & Equipment
Contract #24: Bagged Cement & Poured Concrete
Contract #26: Beam Guide Rail & Safety Ends
Contract #27: Traffic Paint
Contract #28: Sign Materials
Contract #30: Office Paper Supplies
Contract #31: Calcium Chloride Bags
Contract #32: First Aid Supplies (Reject Bids and Re-Bid Contract)
Contract #33: Clay for Athletic Fields
Contract #36: Traffic Striping on Roadways
Contract #39: Furnishing Trophies & Plaques
Contract #41: Purchase of Communications Equipment (No Installation)
Contract #53: Fencing Materials & Installation

and

WHEREAS, bids have been advertised and received on October 21 and October 23, 2008, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the contracts noted above; and

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets 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 contract as noted.

C. Authorizing an Award of Contract for HVAC Repair and Maintenance at the Municipal Building, Artworks Studio, Library, and Senior Community Center

R-416-08

WHEREAS, the Township of Randolph wishes to award a contract for the Preventive Maintenance/Repair of Heating, Ventilation and Air Conditioning (HVAC) Equipment in the Municipal Building, Artworks Studio, Township Library, and Senior Community Center; and

WHEREAS, bids have been advertised and received on November 25, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Carrier Corporation, Fairfield, New Jersey, submitted the low bid for a two-year contract period beginning January 1, 2009, to December 31, 2010, at a cost of $24,500.00 for year one and $26,950.00 for year two, for a total contract price of $51,450.00.

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 Carrier Corporation, Fairfield, New Jersey, for the Preventive Maintenance/Repair of HVAC Equipment in the Municipal Building, Artworks Studio, Township Library, and Senior Community Center for a two year contract period beginning January 1, 2009, to December 31, 2010, at a total contract price of $51,450.00.

D. Authorizing Purchases From MCCPC Contract 15 for the Purpose of a Health Department Vehicle

R-417-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15C Utility Vehicles; and

WHEREAS, the Health Department wishes to purchase vehicles from this contract; and

WHEREAS, these purchases will not exceed $16,000.00; and

WHEREAS, two previous resolutions were approved at $31,000.00 for Police Vehicles and $143,000.00 for the Department of Public Works.

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 purchase vehicles from Morris County Cooperative Pricing Council Contract #15C in an amount not to exceed $16,000.00 for the Health Department, $31,000.00 for the Police Vehicles, and $143,000.00 for the Department of Public Works totaling $190,000.00.

E. Supporting the Paramount Adventure Club’s 7th Annual Triathlon Competition on Sunday, July 12, 2009

R-418-08

WHEREAS, Mike Nussbaum, President of the Paramount Adventure Club and Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their 7th Annual Triathlon competition on Sunday, July 12, 2009, in Randolph; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council lends its support for the 7th Annual Triathlon competition.

F. 2008 Budget Transfers

R-419-08

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

Recycling, Other Expense and Water, and Sewer Utilities—Telephone, Other Expense

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

Liability Insurance, Other Expense, and Water and Sewer, Salary and Wages

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

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

FROMAMOUNTTOAMOUNT
Liability Insurance, OE$15,000.00Recycling, OE$15,000.00
Water & Sewer, S&W$1,500.00Water/Sewer Utilities—Telephone$1,500.00
Total$16,500.00Total$16,500.00

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested putting money in the budget to improve the sound system in the Council Chambers. She thanked the township employees who volunteered their time to make the Senior Holiday Dinner run so successfully. She expressed gratitude for the form of government we have in Randolph and for the high level of professional staff. Mrs. Stewart plans to support the budget for 2009. She will not be present for the Reorganization Meeting and wished the Council and Manager happy holidays and a wonderful 2009.

Geoff Price reiterated his desire to see a resolution authorizing the same level of funding for the Freedom Festival Parade as last year, which was $15,000.00.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Price made a motion on behalf of the Parade Committee that a resolution be adopted authorizing funding for the parade and also to set the date for the parade so that the committee can begin finalizing plans for the coming year. She distributed a copy of a proposed resolution setting the date of July 3 and authorizing the parade be funded at a zero percent increase over 2008.

Councilman Algeier seconded the motion.

Deputy Mayor Metz noted that while he would like to be able to make that financial commitment, he believes Randolph is facing burdensome economic times and the preparation of the 2009 budget will be challenging.

There was lengthy Council discussion with the following options presented:

  • Council would agree to fund a good part of the parade at this time but not commit to any specific dollar amount.
  • Council would agree to a lesser amount at this time with any additional funds to come once the budget has been discussed
  • Council committing to a lesser amount at this time and, if administrative costs run lower than anticipated, additional funding being provided in July
  • Not committing any funds at this time until the Finance Director has provided a proposed budget
  • The possibility of shortening the parade slightly to offset some of the costs

The following roll call vote was taken:

AYES: Councilwoman Price

NAYS:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

ABSENT: Councilwoman Mitsch

Councilman Algeier made a motion to establish the parade date as July 3, 2009. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Algeier made a motion to direct the Manager to establish a $10,000.00 line item in the budget as the minimum for the parade and to discuss the possibility during budget sessions as to potentially raising it. Councilwoman Price seconded the motion.

Geoff Price noted that a $10,000.00 commitment would negatively alter the parade.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Mayor Napoliello

NAYS:
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz

ABSENT: Councilwoman Mitsch

Councilwoman Price made a motion to authorize a minimum of $12,000.00 to the Parade Committee to work with to sign up bands and further discussions can be held during the budget sessions for any additional funding. Deputy Mayor Metz seconded the motion for discussion.

Deputy Mayor Metz commented that he would like to see numbers before committing to a budget. He also stated that he finds it difficult to buy into the fact that you can’t hold a parade for $10,000.00 but you can for $12,000.00.

The following roll call vote was taken:

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

NAYS: Councilman Obremski

ABSENT: Councilwoman Mitsch

Resolution Setting a Date and Authorizing Funding for the 30th Annual Randolph Township Freedom Festival Parade

R-420-08

WHEREAS, Randolph Township will be celebrating its 30th Annual Freedom Festival Parade in 2009. The Parade celebrates the freedom we cherish as Americans and honors the men and women in uniform who have served, and are serving, our great nation; and

WHEREAS, the Parade is organized by volunteers and requires many months of planning to put together. The Parade Committee now need to make financial commitments in planning for the Parade; and

WHEREAS, in recent years the volunteers who organize the Parade have raised on average about $10,000.00 a year in financial contributions from the Randolph community to offset the cost of the Parade; and

WHEREAS, the Parade Committee is willing and able to organize the Parade for $12,000.00, not including the cost of police for the Parade to be approved by the Township; and

WHEREAS, scheduling the Parade for Friday, July 3, 2009, rather than Saturday, July 4, 2009, would contain costs.

NOW, THEREFORE, BE IT RESOLVED that:

1. The Parade Committee is authorized to organize the Parade for $12,000.00, not including the cost of police for the Parade to be approved by the Township; and

2. Randolph Township’s 30th Annual Freedom Festival Parade is scheduled for Friday, July 3, 2009, with kickoff at 12:00 noon.

Deputy Mayor Metz stated that he is glad Council was able to come to a commitment for the parade, however he reiterated his preference for seeing numbers before being asked to vote on something.

Mayor Napoliello thanked everyone for helping him during his year as Mayor and he expressed his appreciation to the Manager, the Clerk, and their staffs.

Manager Lovell wished everyone present a Happy Hanukkah and Merry Christmas.

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. Litigation
b. Tax Appeal
c. 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 Algeier
Councilman Alpert
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Mitsch

Deputy Mayor Metz made a motion to return to Open Session. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Algeier made a motion to approve the tax appeal settlement. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

Tax Appeal Settlement—Emery Avenue Associates

R-421-08

WHEREAS, Emery Avenue Associates, the owner of property located at Block 73, Lot 65, on the official tax maps of the Township of Randolph, also known as 3 Emery Avenue, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2007 and 2008; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2007 from a total assessment of $991,900.00 to a total assessment of $723,300.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2008 from a total assessment of $991,900.00 to a total assessment of $723,300.00; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $7,896.84; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $8,170.81; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty days of the date of entry of Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds due as a result of the proposed settlement judgment as a result of the proposed settlement; and

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township’s Tax Assessor and appraisal consultant, that the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph, and that this matter be settled pursuant to the terms set forth herein.

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

1. The tax assessment on the subject property, located at Block 73, Lot 65, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $991,900.00 to a total assessment of $723,300.00.

2. The tax assessment on the subject property, located at Block 73, Lot 65, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $991,900.00 to a total assessment of $723,300.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $16,067.65 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2007 and 2008 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

4. This resolution shall take effect immediately or as otherwise provided by law.

ADJOURNMENT

The Mayor adjourned the meeting at 10:20 p.m.

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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 Napoliello.

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

ABSENT: NONE

Also Present: Township Manager John Lovell and Keli Gallo of The Buzak Law Group. Township Attorney Buzak arrived at 9:20 p.m.

Litigation

Do not release.

Emery Avenue Associates

Manager Lovell presented material from Richard DeAngelis concerning the tax appeal and recommended the Council approve the settlement. He also provided a document highlighting the status of current tax appeals.

Personnel

Council decided to carry this issue to another evening.

_________________________
Donna Marie Luciani
Township Clerk