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 7, 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, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

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

ABSENT: Councilwoman Price

Also Present: Township Manager John Lovell and Attorney Keli Gallo from The Buzak Law Group

Mayor Napoliello led the Pledge of Allegiance.

COUNCIL AND MANAGER REPORTS

Deputy Mayor Metz reported that he and the Township Manager met with the School Board, who expressed initial interest in sharing costs in the proposed DPW project. Other areas of potential cost sharing were discussed as well. The School Board noted that they are looking to enhance security at the schools.

Manager Lovell noted that he has provided, as requested by the Council, a summary document prepared by the Tax Assessor on where the township stands regarding tax appeals. The Manager will make this document available as part of the budget process as well.

OPEN TO PUBLIC

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

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #1-08: Designating Two New Areas for Stop Signs—End of Matthew Court That Intersects with Mostyn Road and The End of Hilltop Drive that Intersects with Mostyn Road

Manager Lovell stated that this ordinance establishes stop signs on Mostyn Road at Matthew Court and Hilltop Drive. This ordinance comes about as a result of an accident that occurred there over the holidays.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTIONS 31-51 AND 31-52 OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ONE STREET TO BE DESIGNATED AS A THROUGH STREET AND TWO INTERSECTIONS TO BE DESIGNATED AS STOP INTERSECTIONS” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Lee Whilden, 82 Radtke Road, stated that she believes adoption of this ordinance is a good move on the part of the Council.

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

Councilman Obremski made a motion to adopt the ordinance. Councilman Alpert seconded the motion.

Councilman Algeier asked if the residents is this area have been notified of the ordinance.

Manager Lovell responded that a letter has been sent to the residents explaining the ordinance and alerting them that the signs will appear during February.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTIONS 31-51 AND 31-52 OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ONE STREET TO BE DESIGNATED AS A THROUGH STREET AND TWO INTERSECTIONS TO BE DESIGNATED AS STOP INTERSECTIONS” 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.

B. Introduction

(1) Ordinance to Exceed the Municipal Budget Appropriation Limits And Establish a Cap Bank

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2008 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 6th of March, 2008, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that the Township has been adopting this ordinance for several years. This ordinance creates budget flexibility for future years.

Councilman Alpert made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

(2) An Ordinance Re-Establishing Chapter 39—Property Maintenance Code

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 6th of March 2008, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that this ordinance puts back into play the property maintenance code that the township had for several years which was utilized by the Board of Health. There are no changes to this ordinance, which has a sunset clause and will expire on December 31, 2012.

Councilman Algeier made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION RESOLUTIONS

Councilwoman Mitsch made a motion to approve the Combined Action items.

Councilman Algeier noted that, after reviewing the list of Professional Service Agreements for legal services, he believes Randolph has a terrific legal team representing the town’s interests.

Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Tax Sale Certificate #1809 for 239 Dover Chester Road To Lien Times, LLC—$17,812.51

R-43-08

WHEREAS, Outside Tax Sale Certificate #1809, held by Lien Times, LLC, assessed to Dover-Chester Assoc., Block 47, Lot 51, 239 Dover-Chester Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $17,812.51.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $17,812.51 to Lien Times, LLC, holder of Tax Sale Certificate #1809.

(2) Credit Account for Third and Fourth Quarter 2006 Taxes on Block 86, Lot 75, to Leopold Mishkin—$2,370.06

R-44-08

WHEREAS, Block 86, Lot 75, was dedicated to Randolph Township by deed dated June 22, 2006, from Leopold Mishkin; and

WHEREAS, this lot should have been tax exempt for the third and fourth quarter in 2006.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 86, Lot 75, for the third and fourth quarter taxes of 2006 in the amount of $2,370.06.

(3) Credit Account for Second, Third, and Fourth Quarter 2006 Taxes on Block 93.02, Lot 1, to SJC Builders—$215.75

R-45-08

WHEREAS, Block 93.02, Lot 1, was dedicated to Randolph Township by deed dated February 22, 2006, from SJC Builders; and

WHEREAS, this lot should have been tax exempt for the second, third and fourth quarter in 2006.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 93.02, Lot 1, for the fourth quarter taxes in the amount of $215.75.

(4) Release Escrow Funds for Block 184, Lots 8 and 9, to Aashirwad Palace, Inc.—$621.61

R-46-08

WHEREAS, the Planning and Zoning Department received escrow funds from Aashirwad Palace, Inc., for Block 184, Lots 8 and 9, in the amount of $19,000.00; 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 $621.61 be refunded to Aashirwad Palace, Inc., 169 South Salem Street, Randolph, NJ 07869.

(5) Release Escrow Funds for Block 184, Lots 8 and 9, to Aashirwad Palace, Inc.—$878.50

R-47-08

WHEREAS, the Planning and Zoning Department received escrow funds from Aashirwad Palace, Inc., for Block 184, Lots 8 and 9, 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 $878.50 be refunded to Aashirwad Palace, Inc., 169 South Salem Street, Randolph, NJ 07869.

(6) Release Escrow Funds for Block 21, Lot 32, to Rolling Hill Company—$674.13

R-48-08

WHEREAS, the Planning and Zoning Department received escrow funds from Rolling Hill Company for Block 21, Lot 32, in the amount of $19,760.50; 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 $285.35 plus interest earned be refunded to Rolling Hill Company, 466 Southern Boulevard, Chatham, NJ 07928.

(7) Release Escrow Funds for Block 42.06, Lot 66, to West Morris YMCA—$317.50

R-49-08

WHEREAS, the Planning and Zoning Department received escrow funds from West Morris YMCA for Block 42.06, Lot 66, in the amount of $317.50; 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 $317.50 be refunded to West Morris YMCA, 14 Dover Chester Road, Randolph, NJ 07869.

(8) Release Police Detail Escrow for Randolph BOE Athletic Fund for $22.50 and Air 2, LLC for $558.00

R-50-08

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Randolph Board of Education Athletic Fund $ 22.50
Air 2, LLC $558.00

B. Authorizing Township Manager’s Signature on Agreement With Raritan Highlands Compact for the Black River Watershed Study and Restoration Project

R-51-08

WHEREAS, the Raritan Highlands Compact, on behalf of the Environmental Commissions of the Townships of Randolph and Chester and the Borough of Mine Hill, presented a proposal to the Association of New Jersey Environmental Commissions for “The Black River Watershed Study and Restoration Project”; and

WHEREAS, the project was selected for matching reimbursement grants of $10,000.00 for each of the three municipalities totaling $30,000.00; and

WHEREAS, the Township of Randolph wishes to enter into an agreement with the Raritan Highlands Compact to enable the completion of this project; and

WHEREAS, both parties agree to the terms and conditions set forth in the Memorandum of Agreement between the Township of Randolph and the Raritan Highlands Compact, effective January 30, 2008.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Township Manager shall be authorized to sign the Memorandum of Agreement on behalf of the Township.

C. Authorizing Execution of Agreement Between Randolph Township and Quaker Village Apartments for Disposal of Building Waste Materials

R-52-08

WHEREAS, the Township of Randolph (“Township”) provides solid waste collection and disposal services to the residents of the Township; and

WHEREAS, pursuant to Section 42-34 of the Revised Ordinances of the Township of Randolph, building waste materials are not collected as part of the solid waste collection and disposal services provided to the residents of the Township; and

WHEREAS, Quaker Village Limited Partnership (“Quaker Village”), the owner of Quaker Village Apartments (“Apartment Complex”), acknowledges that in October of 2007 it improperly placed approximately ten (10) tons of building waste materials into dumpsters with the solid waste of the residents of the Apartment Complex; and

WHEREAS, the Township pays approximately $103.00 per ton for the collection and disposal of solid waste from the Apartment Complex; and

WHEREAS, Quaker Village has offered to reimburse the Township $1,030.00 for the ten (10) tons of building waste materials that it improperly placed into dumpsters with the solid waste of the residents of the Apartment Complex; and

WHEREAS, Quaker Village agrees not to dispose of any building waste materials in the same dumpsters as solid waste collected from the residents of the Apartment Complex and agrees to obtain a separate dumpster for the disposal of building waste materials.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

1. All the terms and conditions of a certain Agreement dated January 28, 2008, by and between the Township of Randolph and Quaker Village Limited Partnership are hereby approved, ratified and confirmed by the Township of Randolph.

2. The Township agrees to accept $1,030.00 from Quaker Village as reimbursement in full of the costs incurred by the Township in collecting and disposing of the building waste materials generated by Quaker Village and agrees not to take any further action against Quaker Village as a result of the violations that occurred in October of 2007.

3. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to execute the Agreement dated January 28, 2008, by and between the Township of Randolph and Quaker Village Limited Partnership subsequent to its execution by Quaker Village Limited Partnership and further to take all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.

D. Authorizing a Change Order to the Contract with Atlantic Ambulance Corp. for Emergency Medical Services

R-53-08

WHEREAS, the Township of Randolph entered into a five-year contract with Atlantic Ambulance Corp. on July 10, 2004, to provide emergency medical services; and

WHEREAS, the hours of service on the original contract were from 6:00 a.m. to 6:00 p.m., and the Township has a need to extend the hours until 7:00 p.m.; and

WHEREAS, Atlantic Ambulance Corp. has agreed to extend the hours; and

WHEREAS, no other aspects of the existing contract will change.

NOW, THEREFORE, BE IT RESOLVED that a change order be awarded to Atlantic Ambulance Corp. for the contract dated July 10, 2004, to extend the existing service hours from 6:00 a.m. to 6:00 p.m. to 6:00 a.m. to 7:00 p.m. for the remainder of the contract expiring July 9, 2009. No other aspects of the existing contract will change.

E. Authorizing Execution of an Amendment to MCCPC Contract #12, #2 Diesel Fuel, to Provide for Delivery of #2 Ultra Low Sulfur Diesel Fuel

R-54-08

WHEREAS, on December 7, 2006, Resolution No. 300-06 was adopted by the Township of Randolph awarding the Morris County Cooperative Pricing Council Contract #12, #2 Diesel Fuel, to Finch Fuel Oil Company for the contract period January 1, 2007, through December 31, 2008; and

WHEREAS, Contract #12 includes delivery of #2 Diesel Fuel for a specified delivery cost as provided in the bid submitted by Finch Fuel Oil Company with each member of the MCCPC also paying for the actual costs of the fuel; and

WHEREAS, since the award of Contract #12, the state regulations have changed and now only #2 ultra low sulfur diesel fuel can be used for municipal vehicles, thereby virtually eliminating the need for delivery of #2 diesel fuel; and

WHEREAS, due to the change in state regulations and the fact that Contract #12 involves pricing for the delivery of fuel and not the cost for the fuel itself, the Township proposes, on behalf of the MCCPC, an Amendment to Contract #12 to specifically provide for the delivery of #2 ultra low sulfur diesel fuel instead of #2 diesel fuel for the same delivery price.

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

1. The terms and conditions of the Amendment to MCCPC Contract #12, #2 Diesel Fuel, by and between the Township of Randolph, on behalf of the MCCPC, and Finch Fuel Oil Company for the contract period of January 1, 2007, through December 31, 2008, to provide for the delivery of #2 Ultra Low Sulfur Diesel Fuel are hereby approved.

2. The Mayor and Township Clerk are hereby authorized and directed to execute said Amendment after execution of the same by Finch Fuel Oil Company, and together with all other officials and employees of the Township 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.

F. Authorizing the Rejection of All Bids Received for MCCPC Contract #14, Catch Basins and Manhole Castings

R-55-08

WHEREAS, on October 23, 2007, the Township of Randolph (“Township”), on behalf of the Morris County Cooperative Pricing Council (“MCCPC”), received bids for Contract #14, Catch Basins and Manhole Castings; and

WHEREAS, the award of Contract #14, Category D, Phase II Echo-Safe Catch Basin Curb Box Cover Retrofit or Equivalent, was postponed so that the bids could be reviewed further in response to issues raised by two of the bidders; and

WHEREAS, after review of the various correspondence and product samples submitted by LMT Mercer Group, Inc. (“LMT”) and Environmental Retrofit Solutions (“ERS”), the lowest and second lowest bidders, it was determined that LMT’s product does not comply with the bid specifications because the specifications require that a stainless steel badge be welded to the back of the unit and the sample product provided by LMT for review by the Township has the stainless steel badge bolted to the front of the unit, making the badge and the unit itself susceptible to damage by snow plows, and the specifications also require the marking to contain the text “Made in the USA”, however this was not included on the sample product provided by LMT; and

WHEREAS, it was recently discovered that the comprehensive review of the correspondence and sample products submitted by LMT and ERS resulted in the Township, on behalf of the MCCPC, inadvertently missing the deadline within which to award the contract pursuant to N.J.S.A. 40A:11-24a and the extension time provided by ERS; and

WHEREAS, the Township, on behalf of the MCCPC, desires to reject all bids received for Contract #14, Category D, and not award the contract at this time due to the fact that the time within which to award the contract expired.

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

1. The bids received for Morris County Cooperative Pricing Council Contract #14, Catch Basins and Manhole Castings, Category D, Phase II Echo-Safe Catch Basin Curb Box Cover Retrofit or Equivalent, are hereby rejected and the contract will not be awarded at this time due to the fact that the time within which to award the contract has expired.

2. The Mayor and Township Clerk together with all other officials and employees of the Township 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.

G. Award Printing Contracts to Various Vendors From February 1, 2008, To January 31, 2009

R-56-08

WHEREAS, the Township of Randolph wishes to award a contract for Printing Services for a contract period of one (1) year (February 1, 2008—January 31, 2009); and

WHEREAS, bids have been advertised and received on January 29, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Ridgewood Press, Ridgewood, New Jersey, was the low bidder for Item 1; Pinnacle Graphic Communications, Morris Plains, New Jersey, was the low bidder for Items 8, 10, 13, and 23; Hawk Graphics, Randolph, New Jersey, was the low bidder for Items 3, 5, 6, and 9; BP Services, Elmwood Park, New Jersey, was the low bidder on Items 21 and 22; Harvard Graphics was the low bidder on Items 14, 15, 16, 17, and 18. Items 2, 4, and 7 will be determined by coin toss and Items 11, 12, 19, and 20 will be re-bid.

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, 2008, to January 31, 2009.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 7, 2008

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 2008 Budget to award a contract to Ridgewood Press for Printing Services per contract on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Award Supplying of Waterworks Specialties to Various Vendors Contract Period February 1, 2008, to January 31, 2009

R-57-08

WHEREAS, the Township of Randolph wishes to award a contract for Supplying Waterworks Specialties on an as-needed basis for the Water and Sewer Department; and

WHEREAS, bids have been advertised and received in accordance with the Local Public Contracts Law on January 29, 2008; and

WHEREAS, the Township has determined that the Lee Company of Denville, New Jersey, is the low bidder on 142 items; Atlantic States, Phillipsburg, New Jersey, is the low bidder on 7 items; and HD Supply Waterworks, Berlin, New Jersey, is the low bidder for 39 items. Four items were tied and will be decided by coin toss at a later date.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for the Supplying of Waterworks Specialties to the Lee Company, Atlantic States, and HD Supply Waterworks as attached for a contract term of February 1, 2008, to January 31, 2010.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 7, 2008

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 2008 Budget to award a contract to The Lee Company, Atlantic States, and HD Supply Waterworks for the Supplying of Waterworks Specialties per contracts on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Professional Services Agreement with Tiina Vaska, AIA, For the Purpose of Schematic Design and Design Development Services With Regard to the Randolph Animal Pound—Not to Exceed $4,100.00

R-58-08

WHEREAS, the Township of Randolph entered into a contract with Tiina T. Vaska, AIA, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 in 2007 for architectural services with regard to the animal pound at a total contract price of $16,800.00; and

WHEREAS, a total of $5,659.62 was paid for services provides when the needs of the Township changed; and

WHEREAS, purchase order and agreement were closed out and a new proposal submitted; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to other services may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, Tiina T. Vaska, AIA, has indicated they will provide the Architectural Services with regard to the revised Animal Pound plans for an amount not to exceed $4,100.00; and

WHEREAS, Tiina T. Vaska, AIA, has completed and submitted a Business Entity Disclosure Certification which certifies that Tiina T. Vaska, AIA, 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 Tiina T. Vaska, AIA, from making any reportable contributions through the term of this 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 Tiina T. Vaska, AIA, 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 7, 2008

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 Reserve for Preliminary Expenses—Municipal Improvements to award a contract to Tiina T. Vaska for the purpose of providing Architectural Services with regard to the revised Randolph Animal Pound in the amount not to exceed $4,100.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Release Soil Movement Bond for Block 18, Lot 1.04, to Aspen Suburban, LLC, North Jersey Development Group—$20,000.00

R-59-08

WHEREAS, the Randolph Township Engineering Department has received a request from Aspen Suburban Realty, LLC, requesting the release of a Soil Movement Bond posted for soil movement in conjunction with the Aspen Suburban site plan, Block 18, Lot 1.04; and

WHEREAS, the Soil Movement Bond consisted of a cash bond in the amount of $20,000.00 which was received and deposited with the Finance Department on December 14, 2005; and

WHEREAS, the Developer was required to post a Soil Movement Bond to guarantee the completion of the soil movement associated with the site plan; and

WHEREAS, all soil movement and construction associated with this site plan has been satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the Township release the cash Soil Movement Bond in the amount of $20,000.00 plus accrued interest to Aspen Suburban, LLC, c/o North Jersey Development Group, 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046.

K. Professional Services Agreements for Legal Services:

(a) Edward Buzak—Township Attorney

R-60-08

WHEREAS, the Township of Randolph has a need to acquire The Buzak Law Group as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, The Buzak Law Group has indicated they will provide the Legal Services for an amount not to exceed $280,140.00; and

WHEREAS, The Buzak Law Group has completed and submitted a Business Entity Disclosure Certification which certifies that The Buzak Law Group has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit The Buzak Law Group from making any reportable contributions through the term of this 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 The Buzak Law Group 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 7, 2008

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 2008 Budget to award a contract to The Buzak Law Group for Legal Services in the amount not to exceed $280,140.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(b) Jack Kraft—Bond Counsel

R-61-08

WHEREAS, the Township of Randolph has a need to acquire Lomurro, Davison, Eastman & Munoz, PA, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, Lomurro, Davison, Eastman & Munoz, PA, has indicated they will provide the Bond Counsel Services for an amount not to exceed $10,000.00; and

WHEREAS, Lomurro, Davison, Eastman & Munoz, PA, has completed and submitted a Business Entity Disclosure Certification which certifies that Lomurro, Davison, Eastman & Munoz, PA, 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 Lomurro, Davison, Eastman & Munoz, PA, from making any reportable contributions through the term of this 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 Lomurro, Davison, Eastman & Munoz, PA, 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 7, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Various Capital Ordinances to award a contract to Lomurro, Davison, Eastman & Munoz, PA, for Bond Counsel Services per the agreement on file in the Township Clerk’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

(c) Michael Cresitello—Prosecutor

R-62-08

WHEREAS, the Township of Randolph has a need to acquire DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, has indicated they will provide the services of Township Prosecutor for an amount not to exceed $25,000.00 plus special DWI sessions to be billed at $500.00 per session plus $135.00 per hour for court sessions in excess of four hours not exceeding $4,000.00; and

WHEREAS, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, has completed and submitted a Business Entity Disclosure Certification which certifies that DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, 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 DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, from making any reportable contributions through the term of this 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 DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, 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 7, 2008

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 2008 Budget to award a contract to DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, as Township Prosecutor in the amount not to exceed $29,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(d) Allen Iskra—Public Defender

R-63-08

WHEREAS, the Township of Randolph has a need to acquire Allen J. Iskra of Schonwold & Iskra as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, Allen J. Iskra of Schonwold & Iskra has indicated they will provide the services of Public Defender for an amount not to exceed $14,000.00; and

WHEREAS, Allen J. Iskra of Schonwold & Iskra has completed and submitted a Business Entity Disclosure Certification which certifies that Allen J. Iskra of Schonwold & Iskra 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 Allen J. Iskra of Schonwold & Iskra from making any reportable contributions through the term of this 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 Allen J. Iskra of Schonwold & Iskra 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 7, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the General Trust Account to award a contract to Allen J. Iskra of Schonwold & Iskra as Public Defender in the amount not to exceed $14,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(e) Nisivoccia & Company—Auditing Services

R-64-08

WHEREAS, the Township of Randolph has a need to acquire Nisivoccia & Company, LLP, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, Nisivoccia & Company, LLP, has indicated they will provide the Professional Auditing Services for an amount not to exceed $44,500.00; and

WHEREAS, Nisivoccia & Company, LLP, has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia & Company, LLC, 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 Nisivoccia & Company, LLC, from making any reportable contributions through the term of this contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Nisivoccia & Company, LLC, 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 7, 2008

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 2008 Budget to award a contract to Nisivoccia & Company as Township Auditors in the amount not to exceed $44,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(f) Fred Knapp—Labor

R-65-08

WHEREAS, the Township of Randolph has a need to acquire Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC,as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year and may be extended as approved by this governing body; and

WHEREAS, Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, has indicated they will provide services of Labor Counsel for an amount not to exceed $10,000.00; and

WHEREAS, Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, 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 Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, from making any reportable contributions through the term of this 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 Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, 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 7, 2008

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 2008 Budget to award a contract to Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, as Labor Counsel in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(g) Michael Cresitello—Construction Board of Appeals

R-66-08

WHEREAS, the Township of Randolph has a need for a contract to provide legal services with regard to Board of Construction Appeals as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition, in addition to existing contracts, may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year; and

WHEREAS, Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, has completed and submitted a Business Entity Disclosure Certification which certifies that DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, 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 Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, from making any reportable contributions through the term of this contract; and

WHEREAS, the cost for these services is $135.00 per hour not to exceed $4,000.00; 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 Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, 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 7, 2008

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 2008 Budget to award a contract to Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, for Legal Services pertaining to the Board of Construction Appeals in the amount not to exceed $4,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Raffles

(1) On-Premise Merchandise Raffle, Randolph PTA Council, Meadow Wood Manor, 461 Route 10 East, Randolph, March 7, 2008, 6:00 p.m. to 12:00 a.m.

(2) On-Premise 50/50, Randolph PTA Council, Meadow Wood Manor, 461 Route 10 East, Randolph, March 7, 2008, 6:00 p.m. to 12:00 a.m.

(3) On-Premise, Randolph PTA Council, Meadow Wood Manor, 461 Route 10 East, Randolph, March 7, 2008, 6:00 p.m. to 12:00 a.m.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her belief that the business conducted by the Town Council is remarkably efficient under the Township Manager. She voiced her opinion that Randolph has the best Manager in the state, possibly the best Manager in the country. She noted that she would not be able to attend the budget meeting on February 9, 2008.

Councilman Obremski responded that the budget meeting on February 9 has been changed to February 16, 2008.

Mayor Napoliello agreed that Randolph has a wonderful Township Manager.

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

COUNCIL AND MANAGER COMMENTS

Councilman Alpert asked if the Manager has received any report on the deer hunt taking place in James Andrew Park.

Manager Lovell responded that the deer hunt officially ends February 15 and he expects to get a summary from the Park Commission in March, which he will share with the Council. To date, there have been no hunting incidences that he is aware of, however he has no idea as to the number of deer that have been taken.

Councilman Algeier reminded Manager Lovell of developing a shared services policy.

Manager Lovell responded that he will be bringing a policy on shared services to the Council for discussion and review.

Councilman Algeier asked who from the Board of Education attended the meeting with Mr. Lovell and Deputy Mayor Metz.

Deputy Mayor Metz responded that Christine Carey, Gregg Marks, and Michael Neves attended.

Manager Lovell stated that the Board of Education is interested in sharing the DPW maintenance garage and he will be making a presentation to them in the next week. He noted that the Board accepts their responsibility for costs to upgrade the system.

Mayor Napoliello reminded the Manager that the budget sub-committee would like to hold a meeting.

Manager Lovell responded that the budget numbers are in place and he will be contacting the members of the sub-committee for a mid-week meeting.

EXECUTIVE

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:

1. Tax Appeals From Richard DeAngelis: South Salem Street, Franklin Road, Righter Road
2. Randolph v. Phil and Terry Rich—Environmental Damages—Brundage Park

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.

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

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

NAYS: None

ABSENT: Councilwoman Price

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

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

NAYS: None

ABSENT: Councilwoman Price

RECONVENE

The Clerk took the following roll call:

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

ABSENT: Councilwoman Price

Councilman Algeier made a motion to approve the tax appeal settlements as proposed by Richard DeAngelis. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Tax Appeal Settlements

(1) South Salem Street

WHEREAS, YSI II LLC (PTA-US1 #592), the owner of the property located at Block 195, Lot 11, on the official tax maps of the Township of Randolph, also known as 242 South Salem Street, 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 2006 and 2007; and

WHEREAS, the property owner has agreed to withdraw the tax appeal for tax year 2006; 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 $4,200,000.00 to a total assessment of $3,800,000.00; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement for tax year 2007 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; 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; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $20,580.00.

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 24, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $4,200,000.00 to a total assessment of $3,800,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $20,580.00 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2007 tax year and to be paid within sixty (60) 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.

(2) Franklin Road

WHEREAS, John Dusenbury Co., Inc., the owner of the property located at Block 195, Lot 12, on the official tax maps of the Township of Randolph, also known as 220 Franklin Road, 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 2006 and 2007; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for the subject property for tax year 2006 from a total assessment of $3,000,000.00 to a total assessment of $2,750,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for the subject property for tax year 2007 from a total assessment of $3,000,000.00 to a total assessment of $2,550,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for the subject property for tax year 2008 from a total assessment of $3,000,000.00 to a total assessment of $2,375,000.00 to be effectuated upon the filing of a Complaint for the 2008 tax year by the property owner and the entering of a Stipulation of Settlement; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement for tax years 2006 and 2007 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; 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; and

WHEREAS, the proposed settlement for the subject property for the 2006 tax year results in a total tax refund of $7,075.00; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $13,230.00.

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 195, Lot 12, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $3,000,000.00 to a total assessment of $2,750,000.00.

2. The tax assessment on the subject property, located at Block 195, Lot 12, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $3,000,000.00 to a total assessment of $2,550,000.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $20,305.00 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2006 and 2007 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.

(3) Righter Road

WHEREAS, Tulfra Realty, the owner of the property located at Block 5, Lot 24, on the official tax maps of the Township of Randolph, also known as 35 Righter Road, 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 2006 and 2007; and

WHEREAS, the property owner has agreed to withdraw the tax appeal for tax year 2006; 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 $2,723,900.00 to a total assessment of $2,217,500.00; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement for tax year 2007 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; and

WHEREAS, the Township and property owner have agreed to a reduction of the assessment of the subject property for tax year 2008 from a total assessment of $2,723,900.00 to $2,161,000.00 to be effectuated upon the filing of a Complaint for the 2008 tax year by the property owner and the entering of a Stipulation of 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; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $14,876.40.

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 24, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $2,723,900.00 to a total assessment of $2,217,500.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $14,876.40 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2007 tax year and to be paid within sixty (60) 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.

ADJOURNMENT

The Mayor adjourned the meeting at 8:30 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

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

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

Absent for the executive session was: Councilwoman Price

Also Present: Township Manager John Lovell and Attorney Keli Gallo from The Buzak Law Group

South Salem Street, Dusenbury, and Righter Road

The Manager summarized each property, including what the assessment had been in prior years and the new assessment as per the proposed settlement agreements. He congratulated Mr. DeAngelis, the Special Counsel for Tax Appeals, on his work on behalf of the township and recommended the Council agree to the settlements.

Councilman Algeier noted that he has read through all three agreements and believe the settlements as proposed make great sense.

Randolph v. Phil and Terry Rich: Environmental Damages—Brundage Park

Councilman Obremski recused himself from the following discussion.

Mrs. Gallo stated that Mr. Rich has filled in wetlands and cut down trees and shrubs, not only on his own property but also on about 40,000 square feet of Brundage Park, which abuts his property. She is seeking authorization from the Council to begin drafting a complaint against Mr. and Mrs. Rich, which will include various courses of action including a trespass conversion and seeking punitive damages and other costs associated with restoring Brundage Park due to the willful actions of Mr. and Mrs. Rich.

Councilman Alpert asked if there has been any action taken by the DEP.

Manager Lovell responded that the DEP has sent Randolph a violation for the damage done to Brundage Park by Mr. and Mrs. Rich. There will be a meeting with officials from the DEP to discuss what has happened and Randolph’s proposed course of action.

The council gave the authorization to proceed with the drafting a complaint against Mr. and Mrs. Rich.

Donna Marie Luciani
Township Clerk