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: February 16, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. 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 Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

PRESENT:
Councilman Loveys
Councilwoman Mitsch (left at 7:45 p.m.)
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

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

Mayor Guadagno led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that she has been involved as an adult in the Girl Scouting program for 47 years and is proud to see that the Council will be recognizing Gold Award recipients.

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

MANAGER’S REPORT

Manager Lovell noted that the agenda for the next Township Council meeting is very light and asked if the Council would prefer to hold a budget session that evening.

The Council indicated they would prefer to hold a budget session meeting that evening.

Manager Lovell stated that he will invite staff from Stormwater and Public Works to hold their presentations that evening.

Manager Lovell reported that clean up at Cohn Farm is progressing. All of the metal and debris have been removed from the site. A contractor was brought in to restore the fields so that they can be maintained in the future. Tucker Avenue sites are also undergoing clean-up activities as well.

APPOINTMENTS—Volunteer to Landmarks Committee

Deputy Mayor MacArthur asked if any of the Council members knows the individual seeking appointment to the Landmarks Committee.

Mrs. Luciani responded that the individual was recommended by Joan Brembs and Meg Sullivan, members of the Landmarks Committee.

Councilman Obremski nominated Carla Bortnick to serve as a member of the Landmarks Committee. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

Mayor Guadagno created a sub-committee to deal with roads in the Shongum area that have been reported as problematic and to bring issues to the attention of the Freeholders since many of them are county roads.

Councilwoman Veech will chair the sub-committee and Deputy Mayor MacArthur and Councilwoman Mitsch volunteered to serve with her.

GOLD AWARD RECIPIENTS FOR THE GIRL SCOUTS

Plaques were presented to several Girl Scouts in recognition of achieving their Gold Award. The young women receiving plaques were:

  • Patricia Mygas, Troop 1835 (constructed and installed bat boxes to raise awareness about bats in the area).
  • Amelia Whiting, Troop 1167 (recycled containers to create kitchen gardens for food pantry clients and provided seed packets)
  • Marli Horwitz, Troop 1167 (raising awareness and helping to solve hunger in the community)
  • Samantha Messer, Troop 1167, was not present. Mayor Guadagno will present her plaque to her at the next Economic Development Committee meeting on which she serves as a student member.

APPROVAL OF COUNCIL MINUTES:

(1) January 10, 2012

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

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

(2) February 2, 2012

Councilwoman Veech made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

(3) January 26, 2012

Councilwoman Veech made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSTAIN: Councilman Obremski

COMBINED ACTION ITEMS

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

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

A. Supporting the Employment Initiative Program of the New Jersey Employer Supporting the National Guard and Military Reserve

R-69-12

WHEREAS, on Tuesday, January 24, the Commander-in-Chief of our Armed Forces reminded all Americans that, “Above all, our freedom endures because of the men and women in uniform who defend it,” and that “... this generation of heroes has made the United States safer and more respected around the world”; and

WHEREAS, the President further promised, “As they come home, we must serve them as well as they’ve served us. That includes giving them the care and the benefits they have earned ... and it means enlisting our veterans in the work of rebuilding our nation.”; and

WHEREAS, National Guard and Reserve forces today total over one million service members and represent 48 percent of our total military force, while every day around the globe thousands of men and women in uniform, including dedicated members of the National Guard and Reserves, risk their lives and make great sacrifices to defend our national interests, serving extended tours away from their homes, families and jobs; and

WHEREAS, at the same time, we are now seeing unprecedented levels of unemployment and underemployment among members of the Guard and Reserve, as up to 22 percent of Guard and Reserve members face unemployment; and

WHEREAS, in this time of economic uncertainty, the Employer Support Guard and Reserve (ESGR) is focusing on connecting employers with the talented pool of service members and their spouses with the intent of facilitating meaningful employment opportunities; and

WHEREAS, to further this goal, the New Jersey ESGR has launched an Employment Initiative Program (EIP), which is a collaborative effort with federal agencies including the Department of Labor (Veterans Affairs), the Department of Veterans, the Small Business Administration, and the Office of Personnel Management; and

WHEREAS, the goal is to enhance the employment process and serve as an effective resource for service members and employers. ESGR is also partnering with Employer Partnership of the Armed Forces (EPAF) through EIP with a high-tech and high-touch approach; and

WHEREAS, for almost a year now, the United States Chamber of Commerce has also endeavored to find employment for our returning veterans and the spouses of those who continue to serve at home and abroad with its Hiring Our Heroes Program; and

WHEREAS, the Hiring our Heroes Program is a nationwide effort to help veterans and military spouses find meaningful employment, in partnership with the Department of Labor Veterans Employment and Training Service (DOL VETS) to improve public-private sector coordination in local communities where veterans and their families are returning every day; and

WHEREAS, despite those efforts, the unemployment rate for veterans of our Armed Forces in our Nation and in our State continues to exceed the over-all rate; and

WHEREAS, in order to take the lead on advancing the EIP to the next level, the New Jersey ESGR has enlisted strong and positive support from corporate leaders, the New Jersey State Chamber of Commerce, US Department of Labor/VETS, and the New Jersey League of Municipalities; and

WHEREAS, it is incumbent on all of us to prove that New Jersey cares for the men and women in uniform who risk their lives and make great sacrifices to defend our national interests; and

WHEREAS, this employment initiative can be New Jersey’s way of saying thank you to the men and women who made great sacrifices to protect our nation’s freedom; and

WHEREAS, local officials throughout the State of New Jersey, working together through the League of Municipalities and with the New Jersey ESGR, their local State Chambers of Commerce, and local business leaders can help to advance basic fairness to our vets and their families by pursuing one simple goal: to allow America’s over one million unemployed veterans and military spouses to follow their dreams instead of spending their lives just trying to catch up.

NOW, THEREFORE, BE IT RESOLVED on this 16th day of February, 2012, that the Governing Body of the Township of Randolph recognizes that we will never be able to repay the debt we owe to all members of our armed forces.

BE IT FURTHER RESOLVED that in gratitude, the Township of Randolph pledges its enthusiastic and unqualified support for the Employment Initiative Program of the New Jersey Employer Support Guard and Reserves.

BE IT FURTHE RESOLVED that certified copies of this Resolution be forwarded to the New Jersey State League of Municipalities and to our neighboring municipalities.

B. Authorize Mayor to Sign Agreement with Sims Recycling Solutions, Inc., to Provide a Container for the Storage, Pick-Up, and Disposal of Collected Electronics

R-70-12

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to sign an agreement between Randolph Township and Sims Recycling Solutions, Inc.; and

WHEREAS, Sims Recycling Solutions (SRS) agrees to provide Randolph with a container for the storage, pick-up, and disposal of collected electronics.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for Mayor Michael Guadagno to execute the Agreement.

C. Authorizing Randolph to Apply for the 2011 Recycling Tonnage Grant

R-71-12

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for the 2011 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the Recycling Tonnage Grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed.

BE IT FURTHER RESOLVED that the monies from the Recycling Tonnage Grant be deposited in a dedicated recycling trust fund to be used solely for the purpose of recycling.

D. Authorizing Professional Services Agreement to Arthur Thibault, Esq., for 2012 Police IA Investigation/Disciplinary Matters—Not to Exceed $5,000.00

R-72-12

WHEREAS, the Township of Randolph has a need to acquire Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

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

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has indicated he will provide legal services for Police IA Investigation/ Disciplinary Matters at a rate of $145.00 per hour for an amount not to exceed $5,000.00; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has completed and submitted a Business Entity Disclosure Certification which certifies that Apruzzese, McDermott, Mastro & Murphy has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Apruzzese, McDermott, Mastro & Murphy from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 2012

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 2012 Budget, Police, Other Expense, to award a contract to Arthur R. Thibault, Jr. of Apruzzese, McDermott, Mastro and Murphy for Police IA Investigation/Disciplinary Matters for the Police Department in the amount not to exceed $5,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-306

E. Authorizing Professional Services Agreement to Strunk-Albert for Design and Specifications for an Emergency Back-Up Generator Serving the Community Center and Library—Not to Exceed $16,850.00

R-73-12

WHEREAS, the Township of Randolph solicited proposals from firms for professional engineering services required for the design of a generator system for the Library/Community Center; and

WHEREAS, two firms submitted proposals; and

WHEREAS, the Township of Randolph desires to retain Strunk-Albert Engineering as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is for not more than one year from February 16, 2012; and

WHEREAS, Strunk-Albert Engineering will be paid a fee not to exceed $16,850.00 per their proposal; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Strunk-Albert Engineering as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #2-10, Community Center/Library Renovations, to award a contract to Strunk-Albert Engineering for Professional Engineering Services for the Design of a Generator System at the Community Center/Library in the amount of not to exceed $16,850.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Release of Performance Guarantee for Public Improvements—The Ridge at Randolph (Harvey Caplan)—Block 146, Lot 2

R-74-12

WHEREAS, the Clerk’s Office has received a request from Craig Alexander, Esq, of Mandelbaum, Salsburg, Lazris and Discenza, P.C., who represent Mr. Harvey Caplan, for the release of the performance guarantees for the on/off-site water improvements and public improvements associated with The Ridge at Randolph, Block 146, Lot 72; and

WHEREAS, the performance guarantees were received by the Engineering Department and filed with the Clerk’s Office on January 27, 2009, and consisted of the following:

On-Off Site Water Improvements
Performance Surety Bond No. 0490473
Amount: $379,620.00
Issued by International Fidelity Insurance Company

Public Improvements
Performance Surety Bond No. 0490473
Amount: $664,546.41
Issued by International Fidelity Insurance Company

WHEREAS, the party purchasing the site from Harvey Caplan, Toll Brothers, have since posted the mandatory Performance Guarantees which were issued by Liberty Mutual Insurance Companies and have met all bonding requirements outlined by the Randolph Township Engineering Department.

1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Performance Bonds, Nos. 0490472 and 0490473, issued by International Fidelity Insurance Company, be released to Mr. Craig Alexander of Mandelbaum, Salsburg, Lazris and Discenza, P.C. on behalf of Mr. Harvey Caplan.

G. Authorizing Award of Contract for Printing Services to Various Companies

R-75-12

WHEREAS, the Township of Randolph wishes to award a contract for Printing Services for a contract period of one (1) year, February 1, 2012 - January 31, 2013; and

WHEREAS, bids have been advertised and received on February 1, 2012, in accordance with Local Public Contracts Law; and

WHEREAS, Graphic Image, Inc., of Milford, CT, was the low bidder for Items 16, 17b, 17d, 17f, 17h, 17j, 18b, 18d, 18f, 18h, 18i, 18j; Postal Envelope Company, Inc., of Long Island City, NY was the low bidder for Items 19, 20; Premier Printing Solutions, LLC, of Sayreville, NJ was the low bidder for Items 6, 6A, 6B, 7, 7A, 7B, 8, 9A, 9B, 10A, 10B, 11, 17a, 21, 22, 23; United Forms Finishing Company, Inc., of Hillside, NJ, was the low bidder for Items 2A, 2B, 3, 3A, 3B, 4, 4A, 4B, 5, 5A, 5B, 8A, 8B, 13, 14, 18a, 18c, 18e, 18g; ABH Graphics, LLC, of Bloomfield, NJ, as the low bidder for Items 1, 2, 9, 10, 17c, 17e, 17g; GraphiColor Corporation of Vineland, NJ, was the low bidder for Items 12, 15, 17i, and 24.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for Printing Services for the Township of Randolph for the contract term February 1, 2012 to January 31, 2013.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 2012

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 2012 Budget, Various Budget Accounts, to award contracts to Graphic image, Inc., Postal Envelope Co., Inc., Premier Printing Solutions, LLC, United Forms Finishing Co. Inc., ABH Graphics LLC and GraphiColor Corporation for Printing Services for the Township of Randolph in accordance with the bids submitted and on file with the Registered Public Purchasing Official/Qualified Purchasing Agent.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Amending Professional Services Agreement Awarded to Jaman Engineering for DPW Property to Retroactively Begin Being Effective August 1, 2011, and Expiring on July 31, 2012

R-76-12

WHEREAS, the Township of Randolph awarded a Professional Services Agreement to Jaman Engineering for Professional Surveying Services via Resolution R-26-12 on January 10, 2012, for a one-year period beginning in 2012 not to exceed $8,000.00; and

WHEREAS, the proposal submitted on August 1, 2011, was for additional services needed effective immediately, not beginning in 2012; and

WHEREAS, the Township of Randolph wishes to amend the Professional Services Agreement to accomplish the additional services; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend the Professional Services Agreement to Jaman Engineering to retroactively begin effective August 1, 2011, for a one-year period, expiring July 31, 2012.

I. Authoring Award of Professional Services Agreement to Kristine Wilsusen to Provide Health Education Services—Not to Exceed $18,000.00

R-77-12

WHEREAS, the Township of Randolph has a need to retain Kristine Wilsusen as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year from January 1, 2012, through December 31, 2012; and

WHEREAS, Kristine Wilsusen has indicated she will provide health education services at a rate of $50.00 per hour, in an amount not to exceed $18,000.00; and

WHEREAS, Kristine Wilsusen has completed and submitted a Business Entity Disclosure Certification which certifies that she has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit her from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Kristine Wilsusen as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 2012

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 2012 Budget, Health, Other Expense, to award contracts to Kristine Wilsusen for Master Certified Health Education Specialist in the amount not to exceed $18,000.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Amendment of Professional Services Agreement for Garden State Laboratories—Will Not Exceed $7,650.00—Not Required to Provide Business Entity Disclosure Certification

R-78-12

WHEREAS, the Township of Randolph has a need to acquire Garden State Laboratories, Inc., pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Garden State Laboratories, Inc., has indicated they will provide the testing in their proposal for an amount not to exceed $7,650.00; and

WHEREAS, Liz Crescibene, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00, and therefore Garden State Laboratories, Inc., is not required to provide the Township of Randolph with a Business Entity Disclosure Certification.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Garden State Laboratories, Inc. as described herein.

K. Refunding Site Plan Escrow Funds to Woods at South Road—Block 35, Lots 46 and 47

R-79-12

WHEREAS, the Engineering Department received and deposited with the Finance Department escrow funds in the amount of $15,318.53 on July 31, 1998, for Block 35, Lots 46 and 47, The Woods at South Road, LLC; and

WHEREAS, the site plan requirements have been satisfactorily completed and closed out.

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 escrow funds (File No. E20023169) in the amount of $15,318.53 plus accrued interest be refunded as requested t The Woods at South Road, c/o Andrew R. Bronsnick, Esq., Massood & Bronsnick, LLC, 50 Packanack Lake Road East, Wayne, New Jersey 07470-6663.

L. Raffle License, Off-Premise 50/50, Randolph Township Women’s Club, Inc., June 30, 2012, 8:00 p.m., County College of Morris, 214 Center Grove Road, Randolph

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #06-12: Ordinance Authorizing the Execution of Amendment for Potable Water Supply and Service Between Morris County MUA and Randolph Township

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR POTABLE WATER SUPPLY AND SERVICE BY AND BETWEEN THE MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY AND THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is an agreement with the Morris County MUA to provide Randolph with bulk water that is brought into the system and distributed to customers and will meet the needs of the Township for year to come. The agreement also calls for the MCMUA to proportionately restore water to Randolph in the future to the numbers that were negotiated in 2007. The MCMUA was amenable to changes in the language suggested by Deputy Mayor MacArthur at a recent Council meeting. The new language reads as follows:

“The MCMUA will endeavor to provide a regular uninterrupted supply of water through its facilities, but in case transmission is interrupted, irregular, defective, or it fails because of causes beyond the control of the MCMUA, the MCMUA will not be liable for damage or inconvenience resulting there from.”

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 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR POTABLE WATER SUPPLY AND SERVICE BY AND BETWEEN THE MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY AND 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.

Deputy Mayor MacArthur made a motion to adopt the ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

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. Potential 2012 Open Space Acquisition—Mountainside Properties and Stonybrook Camp
b. Pending Tax Appeals

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 Loveys made a motion to move into Executive Session at 7:25 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

Councilman Napoliello made a motion to return to Open Session at 9:30 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

Councilwoman Veech made a motion to approve the tax appeals discussed in Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

Tax Appeal—Mt. Freedom Golf Partners, Formerly Mt. Ventures, LLC, v. Township of Randolph—Block 86, Lot 63, 1275 Sussex Turnpike

R-80-12

WHEREAS, Mt. Freedom Golf Partners, formerly Mt. Ventures, LLC (the “property owner”), the owner of the property located at Block 86, Lot 63 on the official tax maps of the Township of Randolph, also known as 1275 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 2009 and 2011; and

WHEREAS, the current assessment for 2009 through 2011 is listed at $1,873,900. and remits annual taxes in the amount of $62,700.69; and

WHEREAS, the current property owner and the Township have agreed to a reduction of the 2009 through 2011 tax years, as such, the assessment will be $750,000. for 2009 and $750,000. for 2011; 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 (60) 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 payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, 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 86, Lot 63 on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $1,873,900. to a total assessment of $750,000.

2. The tax assessment on the subject property, located at Block 86, Lot 63 on the official tax maps of the Township of Randolph shall be reduced for tax year 2010 from a total assessment of $1,873,900 to a total assessment of $750,000.

3. The tax assessment on the subject property, located at Block 86, Lot 63 on the official tax maps of the Township of Randolph shall be reduced for tax year 2011 from a total assessment of $1,873,900. to a total assessment of $750,000.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due which is approximately $108,782.27 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2009 and 2011 tax years and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

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

Tax Appeal—Plaza Ten East, LLC v. Township of Randolph—Block 198, Lot 4—81 Route 10

R-81-12

WHEREAS, Plaza Ten East, LLC (the “property owner”), the owner of the property located at Block 198, Lot 4, on the official tax maps of the Township of Randolph, also known as 81 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 year 2008, 2009, 2010, and 2011; and

WHEREAS, the current assessment for 2008 through 2011 is listed at $1,616,600.00 and remits annual taxes in the amount of $54,091.44, totaling approximately $205,647.68 for the four years in question; and

WHEREAS, the current property owner and the Township have agreed to a reduction of the 2008 through 2011 tax years, as such, the assessment will be $1,150,000.00 for 2008, $1,125,000.00 for 2009, $1,000,000.00 for 2010, and $1,000,000.00 for 2011; 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 (60) 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 payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of the matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, 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 198, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $1,616,600.00 to a total assessment of $1,150,000.00.

2. The tax assessment on the subject property, located at Block 198, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $1,616,600.00 to a total assessment of $1,125,000.00.

3. The tax assessment on the subject property, located at Block 198, Lot 4,, on the official tax maps of the Township of Randolph shall be reduced for tax year 2010 from a total assessment of $1,616,600.00 to a total assessment of $1,000,000.00.

4. The tax assessment on the subject property, located at Block 198, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2011 from a total assessment of $1,616,600.00 to a total assessment of $1,000,000.00.

5. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due which is approximately $68,988.42 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2008, 2009, 2010, and 2011 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

Tax Appeal—Planet Randolph, LLC v. Township of Randolph—Block 81, Lot 6—675 Route 10

R-82-12

WHEREAS, Planet Randolph, LLC (the “property owner”), 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 2009, 2010 and 2011; and

WHEREAS, the current assessment for 2009 through 2011 is listed at $1,445,000 and remits annual taxes in the amount of $48,349.70.totaling approximately $139,861.55 for the three years in question; and

WHEREAS, the current property owner and the Township have agreed to a reduction of the 2009 through 2011 tax years, as such, the assessment will be $1,122,300 for 2009; $1,122,300 for 2010 and $1,1,122,300 for 2011; 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 (60) 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 payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, 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 81, Lot 6, on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $1,445,000. to a total assessment of $1,122,300.

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 2010 from a total assessment of $1,445,000. to a total assessment of $1,122,300.

3. 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 2011 from a total assessment of $1,445,000. to a total assessment of $1,122,300.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due which is approximately $31,234.13 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2009, 2010 and 2011 tax years and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

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

Tax Appeal—Resolution Authorizing Settlement of Certain Residential Tax Appeals

R-84-12

WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey:

PROPERTY OWNERBLOCKLOT
Oppenheimer, Melvin and Penny93.0113
O’Neill, Peter J. & Janet K.8658.03
Cecala, Stanley93.036
Rodrigues, Armindo and Carr, Pat15498
Kundu, Nirmal1991.18

; and

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; 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 (60) 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 payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, 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 settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

PROPERTY OWNERYEARORIGINAL
ASSESSMENT
PROPOSED
SETTLEMENT
Oppenheimer, Melvin and Penny2009$486,400$460,000
O’Neill, Peter J. and Janet K.2010$822,300$722,300
Cecala, Stanley2010$575,700$504,000
Rodrigues, Armindo and Carr, Pat2009$405,800$375,000
Nirmal Kundu2010$584,400$515,000

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

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

OPEN TO PUBLIC

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

COUNCIL COMMENTS

Councilman Loveys reported that Randolph’s deer hunt will end on Saturday, February 18. A representative from New Jersey Fish and Game will be driving around Randolph in about a week during the evening to conduct a deer survey to get a sense of the number of deer in town in an effort to base if the hunts are successful.

Manager Lovell stated that information regarding the deer survey has been posted on the web site and has been included in the weekly email alerts.

Councilman Loveys noted that a neighborhood group in the Shongum area coordinated a deer hunt on private properties and culled 19 deer. There will be another tree and bench dedication in May and October.

ADJOURNMENT

Mayor Guadagno adjourned the meeting at 9:35 p.m.

____________________________
Donna Marie Luciani
Township Clerk