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 29, 2005

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 on the Municipal Bulletin Board in the Municipal Building and by filing notice of the meeting with the Township Clerk and providing notice of the meeting to those persons or entities requesting notification and also by notifying the Morris County Daily Record and the Randolph Reporter on January 3, 2005 by faxing them the annual resolution adopted by the Council on January 1, 2005. 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 the Randolph Reporter on January 6, 2005.

PRESENT:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Algeier
Mayor Napoliello

Also present: Township Attorney Edward Buzak and Township Manager Lovell

Mayor Napoliello led the Pledge of Allegiance.

A moment of silence was observed in honor of Alex Detore, a 10 year old Randolph resident, who passed away after a long illness.

COUNCIL AND MANAGER REPORTS

Councilwoman Price thanked the Council and Township staff for their kind wishes after her surgery.

Deputy Mayor Algeier reported that on December 22 the Star Ledger carried a picture of the Kozemchak property.

Mayor Napoliello noted that Randolph resident Sheila Bruzer wishes to thank Steve Widuta, a Township employee, for returning her wallet to her and noted he was a fine citizen. He also commented on the extended hours of certain post offices in Morris County.

Manager Lovell thanked Mayor Napoliello for his services as Mayor of Randolph in 2005.

OPEN TO PUBLIC

Hearing no comments from the public, the public portion was closed.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance - Special Assessment for Shongum Lake Dam Restoration Project Pursuant to the Dam, Lake Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003

Manager Lovell commented that a public hearing for a proposed special assessment for the Shongum Lake Dam Restoration Project would follow the reading of the ordinance. In preparation for the hearing, a notice was sent to all affected property owners along with a letter describing the project. Representatives of the Shongum Lake Property Owners’ Association were invited to make a brief presentation to the general public.

BE IT RESOLVED that an Ordinance entitled “AUTHORIZING SPECIAL ASSESSMENT FOR THE SHONGUM LAKE DAM RESTORATION PROJECT PURSUANT TO THE DAM, LAKE, STREAM, FLOOD CONTROL, WATER RESOURCES, AND WASTEWATER TREATMENT PROJECT BOND ACT OF 2003” be read by title on second reading and a hearing held thereon.

Mayor Napoliello invited the representatives from the Shongum Lake Property Owners’ Association to give their presentation.

Tim Knierim, 7 Ripplewood Drive and current President of the Shongum Lake Property Owners’ Association, introduced other elected members of their Council in attendance. He gave a brief history of the loan process involved. He stated that the loan would be paid by the property owners who have lake rights, not the general Randolph taxpayer, and that any additional costs would be covered through the Association. He stressed that an overwhelming majority of property owners with lake rights were in favor of this project and that it was in the town’s best interests to proceed.

Richard Marcickiewicz, an attorney representing the Shongum Lake Property Owners’ Association, gave an overview of the Association, the mechanics of how it works, lake rights, and other related issues.

John Ragan, an engineer representing the project, spoke about the project as well as provided an overview of the estimated costs for the project.

Township Attorney Buzak emphasized the fact that this ordinance only authorizes the imposition of an assessment. It does not make the assessment nor does it establish the value, increased benefit, or impose an actual lien to be paid off during the tenure of the assessment. He then went into detail describing the process the Board of Assessors takes to establish the assessment.

A few residents of Beech Road and Lake Shore Drive South voiced several concerns over the assessment. They asked if their deeded lake rights could be sold.

They were advised to contact the Shongum Lake Property Owners’ Association and their attorney regarding several of their concerns.

Barry Buckner, 13 Meadowbrook Road, asked if there was an advantage to paying off the assessment early or taking the entire 20 years to pay it off.

Manager Lovell stated that from a money management perspective, it would make sense to pay it on an annual basis.

Lee Whilden, 82 Radtke Road, thanked Manager Lovell and the Council for sending a copy of the ordinance to the members and residents of Shongum Lake. She then presented an historical perspective of the lake and the advantages of lake rights.

Monica Wardle, 6 Bayberry Lane, shared her experiences since her recent move to the Shongum Lake area.

A resident from 57 Beech Road stated that when the homeowners signed the petition asking for support for the project, the estimated assessment for the project was about $1,000 per property owner. However, they are now estimating the assessment to be approximately $2,000 per property owner. He doesn’t know if this new estimate would have affected the number of property owners originally in favor of the project. Also, the petition stated that the assessments would possibly be varied depending on benefits conferred upon each individual property owner, however the proposal going forward stated that each property owner will be assessed equally. He wanted it stated for the record that the petition people supported initially is somewhat different from the current proposal.

Mark Faber, 19 Indian Trail Road, stated that having lake rights was a primary reason for buying his house and all who have lake rights, whether they choose to enjoy them or not, should be responsible for paying this assessment and fixing the dam.

Ken Betz, 40 Beaver Dam Road, spoke of the intrinsic value of lake rights.

Scott MacKay, 10 Bayberry Lane, stated that the dam poses a health and safety threat and should be fixed and paid for by all property owners who have lake rights.

Amy Swaak, 10 Old Chimney Road, stated that if the dam is not fixed and the lake drains, home values in Shongum Lake will certainly go down more than the $2,000.00 being paid for the assessment.

Mayor Napoliello closed the public portion of the hearing.

BE IT RESOLVED that an Ordinance entitled “AUTHORIZING SPECIAL ASSESSMENT FOR THE SHONGUM LAKE DAM RESTORATION PROJECT PURSUANT TO THE DAM, LAKE, STREAM, FLOOD CONTROL, WATER RESOURCES, AND WASTEWATER TREATMENT PROJECT BOND ACT OF 2003” 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 Algeier moved approval of the Ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Algeier
Mayor Napoliello

NAYS: None

COMBINED ACTION

Councilman Huston moved the Combined Action items. Councilman Obremski seconded the motion.

Deputy Mayor Algeier asked about the resolution concerning trees being planted near a new trail and where the money for that was coming from.

Manager Lovell stated that the money is coming from the Tree Trust Fund and not taxpayer funds.

A. Refund/Adjustment Resolutions

(1) Refund Summer Stages Registration to Lori Quann - $275.00

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WHEREAS, Lori Quann registered her daughters for Summer Stages Theatre Camp (Week #8) and paid the fee of $150.00 per child, totaling $300.00; and

WHEREAS, due to a conflicting family engagement, Ms. Quann submitted a letter on August 5, 2005, requesting a refund.

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 the amount of $275.00 (less $25.00 processing fee) be refunded to Lori Quann, 8 Tanglewood Court, Randolph, NJ 07869.

B. Authorizing in Rem Foreclosure of the Tax Sale Certificate (E.A. Porter Property)

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WHEREAS, the Township of Randolph (“Township”) holds the tax sale certificate as shown on the attached tax foreclosure list; and

WHEREAS, the Township desires to institute an in rem foreclosure proceeding to foreclose on the tax sale certificate.

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 tax sale certificate as shown on the attached foreclosure list now held by the Township of Randolph be foreclosed by the summary proceedings IN REM, and as described by New Jersey Statutes N.J.S.A. 54:5-104.29 to N.J.S.A. 54:5-104.71, as amended, and pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

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

3. This Resolution shall take effect immediately.

C. Authorizing Professional Services Agreement with Michael Cresitello, Esq., to Determine Action Regarding Cerilli’s Restaurant’s Liquor License - Not to Exceed $1,300.00

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WHEREAS, there exists a need to enter into a Professional Services Agreement with Michael Cresitello, Esq., for the purposes of investigating the events surrounding alleged drug trafficking at Cerilli’s Restaurant on Old Brookside Road to determine if an action can be brought to either suspend or revoke the establishment’s liquor license; and

WHEREAS, the cost of providing ten (10) hours of service at $130.00 per hour service shall not exceed one-thousand and three hundred dollars ($1,300.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 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:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Michael Cresitello, Esq., for the purpose of investigating Cerilli’s Restaurant to determine if action can be brought to suspend or revoke the establishment’s liquor license.

2. The fee for providing this service shall not exceed $1,300.00.

3. A notice of this Resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 29, 2005

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 2005 Budget, Legal, Other Expense, to award a contract to Michael Cresitello, Esq., to provide legal action regarding the Cerilli’s Restaurant’s liquor license in the amount not to exceed $1,300.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorization of Change Order #1 in the Amount of $4,629.20 for Andy-Matt Inc., Mountain Ridge Trail Connection

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WHEREAS, the Township awarded a contract to Andy Matt, Inc., Mine Hill, New Jersey, for the construction of a Bikeway Route Extension - Mountain Ridge Bikeway; and

WHEREAS, the contract and amendments are presented below:

Original Contract$88,985.00
Change Order #1$4,629.20
New Contract Total$93,614.20

WHEREAS, there are sufficient funds to cover this change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that change order #1 in the amount of $4,629.20 is hereby approved.

E. Authorize Mayor to Sign Corrected FOP Contracts

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WHEREAS, the Township of Randolph has received a notice from the Department of Treasury, Division of Pensions, with regard to the current FOP contracts; and

WHEREAS, the notice requires the elimination of language in two sections of the contract; and

WHEREAS, the offending language has been removed so as to resolve the concerns of the PFRS/Pension Division.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor be authorized to sign the corrected contracts with the Fraternal Order of Police.

F. Dedication by Rider for Katrina Relief Fund

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WHEREAS, the State of New Jersey Department of Community Affairs promulgation regulations under N.J.S.A. 40A:5-29 for donations to the Katrina Relief Fund; and

WHEREAS, the funds received in this account are to be used strictly for the Katrina Relief Fund; and

WHEREAS, such donations for the Katrina Relief Fund are to be accounted for in the General Trust Fund of the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, County of Morris, State of New Jersey, that the donations for the Katrina Relief Fund be placed in the Township of Randolph’s General Trust Fund and be considered a “Dedication by Rider” to the 2005 Budget of the Township of Randolph, per N.J.S.A. 40:5-29, for the sole purpose stated above.

G. Cancellation of Unexpended Grant Funds

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WHEREAS, receivable and reserve balances exist in the Township’s Grant Fund for the following State Grants:

GRANT CANCEL
RECEIVABLE
BALANCE
CANCEL
RESERVE
BALANCE
CANCEL TO
TOWNSHIP
OPERATION
2004 Municipal Alliance $8.01 $8.01  
2004 Stormwater Regulation $2,500.00 $2,500.00 $8,500.00
2004 Child Passenger Safety $131.69 $131.69  
2005 Child Passenger Safety $5,000.00 $5,000.00  

WHEREAS, it is recommended by the Finance Director that the above grant receivables and reserves be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

H. Authorizing Change Order #2 to Amend Resolution for Purchase and Installation of Trees

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WHEREAS, the Township of Randolph wishes to authorize a change order to amend a resolution passed on June 2, 2005, for the purchase and installation of trees; and

WHEREAS, a resolution was passed on June 2, 2005, to purchase and install trees throughout the Township at a total contract price of $31,900.00; and

WHEREAS, the Township amended this on November 3, 2005, to include the replacement of street trees throughout the Township at a total cost of $3,295.00; and

WHEREAS, the Township would like to add five (5) Norway Spruce Trees for the new trail at Sussex Turnpike and Devonshire Drive at a total cost of $1,050.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a change order be granted to Parker Landscaping and Construction in the amount of $1,050.00 to purchase and install street trees for a new grand total of $36,245.00.

I. Appointing Employees to CDRS Committee: Mayoral Appointments - Barbara Gothie and Carl Bressan and Council Appointment John Van Brunt

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WHEREAS, Randolph Township wishes to make appointments to the CDRS Committee for the Program Year 2006.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Carl J. Bressan, Township Engineer, is the representative appointed by the Mayor; John Van Brunt, Director of Parks, Recreation and Community Services, is the representative appointed by the Governing Body; and Barbara Gothie, Tax Assessor, is the alternate appointed by the Mayor.

J. Award MCCPC Contract #6 (Road Resurfacing) As-Needed for 2006

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WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of Contract #6 (Road Resurfacing) on an “as needed” basis for a one (1) year contract period (January 1, 2006 to December 31, 2006); and

WHEREAS, bids have been advertised and received for the second time on December 8, 2005, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, has determined that the following companies are the low bidders for the specific districts (#1, #2, and #3) and should be awarded the categories as noted:

CAT. I: BITUMINOUS CONCRETE IN PLACE
District #1: Schifano Construction Corporation
District #2: Tilcon New York
District #3: Tilcon New York

CAT. II: MILLING
District #1: Schifano Construction Corporation
District #2: Tilcon New York
District #3: Tilcon New York

CAT. III: CRACK SEALENT
Districts #1, #2, and #3: K & K Paving

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to Schifano Construction Corporation, Tilcon New York, and K & K Paving for Contract #6 (Road Resurfacing) beginning January 1, 2006 to December 31, 2006.

K. Rescind MCCPC Contract from Tree Tech and Re-Award to Peterson & Sons Tree Service

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WHEREAS, the Morris County Cooperative Pricing Council has entered into a contract dated December 1, 2005, with Tree Tech, Incorporated (Mt. Freedom, NJ) for Category C (Stump Grinding Services) of Contract #18 (Tree Removal, Trimming & Stump Grinding Services) for a two (2) year contract period (January 1, 2006 - December 31, 2007); and

WHEREAS, Tree Tech, Incorporated notified the MCCPC that they are unable to execute the contract due to unusual business circumstances for Category C (Stump Grinding Services); and

WHEREAS, it is in the public’s interest to rescind Tree Tech’s contract and re-award the contract to the second low bidder (Peterson & Sons Tree Service of Stanhope, NJ) for a two (2) year contract period (January 1, 2006 - December 31, 2007) at their bid prices submitted on October 24, 2005.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris and State of New Jersey, that the contract with Tree Tech, Incorporated be rescinded and re-awarded to the second low bidder (Peterson & Sons Tree Service of Stanhope, NJ) for Category C (Stump Grinding) of Contract #18 (Tree Removal, Trimming & Stump Grinding Services) for a two (2) year contract period (January 1, 2006 - December 31, 2007).

The following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Algeier
Mayor Napoliello

NAYS: None

REVIEW 2006 MEETING DATES

Councilman Huston requested that this be rescheduled for the January 5th to give him a chance to coordinate the dates with his schedule.

Deputy Mayor Algeier suggested adding additional meeting dates in December to be used as necessary.

Attorney Buzak is going to check to determine if the annual schedule of meetings is statutorily required to be done at the Reorganization Meeting and will let Council know as soon as he gets an answer.

IMPLEMENTATION OF ANTI-PAY TO PLAY

Manager Lovell stated that he held a staff meeting, also attended by the Township Attorney, and the pay-to-play law was reviewed. There is a good understanding of it at the staff level and a questionnaire will be included in all of our contracts to make sure we are in compliance with the new statute.

Township Attorney Buzak reviewed the pay-to-play law and what is required from vendors for 2006 and into the future. He also made suggestions on how contracts can be awarded at the Reorganization Meeting. Mr. Buzak clarified how the Council should be listing contributions to their political committees.

REVIEW AND SET PROPOSED AGENDA FOR JANUARY 1, 2006 REORGANIZATION AND REGULAR MEETING

Manager Lovell stated that the setting of meeting dates will be removed.

COUNCIL AND MANAGER COMMENTS

Councilman Manning related stories about German law regarding environmental issues.

Mayor Napoliello stated that it has been his pleasure to serve as Mayor in 2005 and thanked the Council for their cooperation and help.

Manager Lovell extended his best wishes for the New Year to the Council.

Councilman Huston excused himself from the Executive Session.

OPEN TO PUBLIC

Hearing no comments from the public, the public portion was closed.

EXECUTIVE SESSION

Councilwoman Mitsch made a motion to move into Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Manning

ABSENT: Councilman Huston

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 this meeting.

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

A. 2005 Tax Appeal Owned by Beta Property Block 5, Lot 8 - Units C0002, C0003, and C0004
B. 2004 and 2005 Tax Appeals Owned by Planet Randolph on Block 81, Lot 6
C. Randolph Mountain Litigation

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.

RE-0PEN TO PUBLIC

Deputy Mayor Algeier made a motion to re-open the meeting to the public for the purpose of adopting the resolutions for the tax appeals settlements as proposed. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Huston

a. 2005 Tax Appeal Owned by Beta Property Block 5, Lot 8 - Units C0002, C0003, and C0004

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WHEREAS, Beta Realty Company, LLC, the owner of the property located at Block 5, Lot 8, Units C0002, C0003 and C0004 on the official tax maps of the Township of Randolph, also known as 1578 Sussex Turnpike, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax year 2005; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 8, Unit C0002 for tax year 2005 from a total assessment of $2,665,900.00 to a total assessment of $2,379,200.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 8, Unit C0003 for the tax year 2005 from a total assessment of $6,028,000.00 to a total assessment of $4,758,400.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to an increase in the assessment for Lot 8, Unit C0004 for tax year 2005 from a total assessment of $3,098,200.00 to a total assessment of $4,046,200.00; and

WHEREAS, the property owner has further agreed to waive pre-judgment interest due on any refunds due as a result of the proposed settlement for tax year 2005; and

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township Assessor and the Township’s 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; and

WHEREAS, the Township Tax Assessor has agreed to adjust the assessed valuation on Block 5, Lot 8, Units C0002, C0003 and C0004 for the tax year 2005 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement for Block 8, Lot 5, Units C0002, C0003 and C0004 results in a total tax refund for tax year 2005 of $16,094.27.

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 5, Lot 8, Unit C0002 on the official tax maps of the Township of Randolph shall be reduced for tax year 2005 from a total assessment of $2,665,900.00 to a total assessment of $2,379,200.00; and

2. The tax assessment on the subject property, located at Block 5, Lot 8, Unit C0003 on the official tax maps of the Township of Randolph shall be reduced for tax year 2005 from a total assessment of $6,018,000.00 to a total assessment of $4,758,400.00; and

3. The tax assessment on the subject property, located at Block 5, Lot 8, Unit C0004 on the official tax maps of the Township of Randolph shall be increased for tax year 2005 from a total assessment of $3,098,200.00 to a total assessment of $4,046,200.00; and

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $16,094.27 to the property owner, said refund being attributable to the reduction in the assessment for Block 5, Lot 8, Units C0002 and C0003 and the increase in the assessment for Block 5, Lot 8, Unit C0004 for the 2005 tax year.

5. This Resolution shall take effect immediately or as otherwise provided by law.

b. 2004 and 2005 Tax Appeals Owned by Planet Randolph on Block 81, Lot 6

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WHEREAS, Planet Randolph, LLC, the owner of the property located at Block 81, Lot 6, on the official tax maps of the Township of Randolph, also known as 675 Route 10, 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 2004 and 2005; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2004 from a total assessment of $1,824,900.00 to a total assessment of $1,445,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2005 from a total assessment of $1,824,900.00 to a total assessment of $1,445,000.00; and

WHEREAS, the property owner has further agreed to waiver pre-judgment interest due on any refunds due as a result of the proposed settlement for tax years 2004 and 2005; and

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township Assessor and the 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; and

WHEREAS, the Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax years 2004 and 2005 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2004 of $9,801.42 and for tax year 2005 a total tax refund of $10,219.31.

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 81, Lot 6, on the official tax maps of the Township of Randolph shall be reduced for tax year 2004 from a total assessment of $1,824,900.00 to a total assessment of $1,445,000.00; and

2. The tax assessment on the subject property, located at Block 81, Lot 6, on the official tax maps of the Township of Randolph shall be reduced for tax year 2005 from a total assessment of $1,824,900.00 to a total assessment of $1,445,000.00; and

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $20,020.73 to the property owner, said refund being attributable to the reduction in the assessment for the 2004 and 2005 tax years; and

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

ADJOURNMENT

Mayor Napoliello adjourned the meeting at 10:50 p.m.

Donna Marie Luciani
Acting Township Clerk