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: January 17, 2008

A regular meeting of the Randolph Township Council was called to order at 7:00 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 (arrived 8:00 p.m.)
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

ABSENT: Councilman Alpert

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

Mayor Napoliello led the Pledge of Allegiance.

PRESENTATION: Winners of “Fitzy the Recycling Mascot” Contest—Samantha Querques and Kevin Lushar

Mark Caputo, Randolph’s Recycling Coordinator, and Mayor Napoliello presented a $250.00 check to the winners of the “Fitzy the Recycling Mascot” Contest, Samantha Querques and Kevin Lushar. Mr. Caputo stated his hopes that advertising featuring “Fitzy” will educate the public of the important of recycling.

Mayor Napoliello stated that the Council is concerned about recycling and thanked Ms. Querques and Mr. Lushar for their efforts.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her concern that many public agencies in town do not recycle sufficiently and will be sharing information with Mr. Caputo in an effort to enforce the recycling regulations. She also noted that some packaging materials, such as boxes containing tangerines bought at local grocery stores, can be neither recycled nor disposed of in the garbage and suggested a container be placed at the Recycling Center to accommodate such items.

Jim McConnell, 45 Carrell Road, requested the Council speak more loudly during the meetings, especially those that do not face the audience.

Patrick Esposito, 18 Stonehill Road, representing the Randolph Senior Citizens Club, asked the Council to consider providing financial assistance and support for recreational activities sponsored by the club, which would enable those seniors who currently can not afford the cost of the trips to be able to participate.

Pat Hogan, 91 Morris Turnpike, the trip coordinator for the Randolph Senior Citizens Club, described the drastic increase in prices for bus trips to events, making it difficult for many seniors to afford the events. She requested the Council’s assistance and support to enable seniors to participate in recreational activities. She suggested a subsidy of perhaps $200.00 per month from the Township.

Judith Stewart, 114 Everdale Road, noted that if the Council were to subsidize the Randolph Senior Citizens Club, it should be done on an as-needed basis since many seniors can afford to pay the full price. However, as a member of the Community Services Advisory Committee which has been requesting additional transportation services from the Council, she believes it is more important to fund transportation to local activities.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski stated that the Traffic Committee will be keeping their focus on the teen driving safety program in 2008. The Committee is looking for someone at the high school to take ownership of the parental program presented during the evenings. The Traffic Committee is continuing efforts to purchase a driving simulator for the high school.

Councilwoman Price stated that the Board of Health conducted a survey for adult and adolescent immunizations in town. There is a need to provide a venue for vaccinations to help with some of the state mandates. They will most likely be asking that some money be allocated in the budget to start such a program at Town Hall, however they expect it would become a self-sustaining program in the future.

Deputy Mayor Metz noted that the Landmarks Committee is requesting that any application for the proposed Grecco development coming before the Planning Board contain provisions protecting the Liberty Tree. The Committee is trying to develop a map for the township web site that would show all of the historical landmarks in Randolph.

Mayor Napoliello attended Governor Corzine’s Town Hall Meeting at Morris County College. The Governor presented his plan to increase highway tolls and addressed many questions from the audience. The Mayor thought the evening was well run and was glad that it took place in Randolph.

Manager Lovell noted that negotiations with the teamsters is going into mediation at this time in the hopes of resolving some outstanding issues. Negotiations with the Fraternal Order of Police are progressing.

COMBINED ACTION ITEMS

Deputy Mayor Metz made a motion to approve the Combined Action items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Algeier
Councilman Alpert

A. Refunds/Adjustments Resolutions

(1) Refund 2006 Tax Overpayment for Block 111, Lot 24, to Sovereign Bank—$12,050.14

R-09-08

WHEREAS, Sovereign Bank has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 111, Lot 24, known as 430 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $12,050.14; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $12,050.14 to Sovereign Bank.

(2) Refund 2007 Tax Overpayment for Block 111, Lot 24, to Sovereign Bank—$16,605.12

R-10-08

WHEREAS, Sovereign Bank has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 111, Lot 24, known as 430 Route #10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $16,605.12; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $16,605.12 to Sovereign Bank.

(3) Refund 2007 Tax Overpayment for Block 21, Lot 61, to Buonaventure/Geertuida Saso—$61.74

R-11-08

WHEREAS, Buonaventure and Geertruida Saso have overpaid 2007 taxes in the amount of $61.74 on Block 21, Lot 61, 52 Sanford Drive, due to judgment from the County Board of Taxation; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $61.74 to Buonaventure and Geertruida Saso.

(4) Refund Water Service Overpayment for 55 Logan Road to David Beck—$1,458.97

R-12-08

WHEREAS, David Beck, 55 Logan Road, Block 21, Lot 143.01, was estimated for his water service for several quarters; and

WHEREAS, the Township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. Beck overpaid his water account for several quarters which resulted in an overpayment of $1,458.97; and

WHEREAS, Mr. Beck has requested a refund of his overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $1,458.97 to Mr. David Beck, 55 Logan Road, Randolph, NJ 07869.

(5) Refund Ice Hockey Recreation Registration Due to Conflicting Schedule to John Carroll—$775.00

R-13-08

WHEREAS, John Carroll registered his child for the 2007 Ice Hockey Recreation Program and paid the fee of $875.00; and

WHEREAS, the child is having a conflict due to being on a travel program.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that less the township processing fee of $100.00, $775.00 be refunded to John Carroll, 13 Hawser Way, Randolph, NJ 07869.

(6) Refund 2007 Fall Artworks Program Session Due to Conflicting Schedule to Mr. and Mrs. Ravin—$155.00

R-14-08

WHEREAS, Mr. and Mrs. Ravin registered their child for the 2007 Fall Artworks Program and paid the fee of $180.00; and

WHEREAS, the child will not be participating due a conflict with kindergarten classes.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that a $25.00 processing fee be deducted and $155.00 be refunded to Mr. and Mrs. Ravin, 15 Rustic Ridge Road, Randolph, NJ 07869.

(7) Release Escrow for Block 221, Lot 20, to Steven Kovacs—$757.00

R-15-08

WHEREAS, the Planning and Zoning Department received escrow funds from Steven Kovacs for Block 221, Lot 20, 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 Admnistrator, that the remaining escrow funds in the amount of $757.00 be refunded to Steven Kovacs, 126 Shady Lane, Randolph, NJ 07869.

(8) Release Escrow for Block 168, Lot 10, to Joseph Truncale—$797.50

R-16-08

WHEREAS, the Planning and Zoning Department received escrow funds from Joseph Truncale for Block 168, Lot 10, 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 $797.50 be refunded to Joseph Truncale, 3 Misty Mountain Road, Randolph, NJ 07869.

(9) Release Escrow for Block 179, Lot 2, to Robert DiCostanzo—$811.00

R-17-08

WHEREAS, the Planning and Zoning Department received escrow funds from Robert DiCostanzo for Block 179, Lot 2, 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 $811.00 be refunded to Robert DiCostanzo, 4 Mt. Pleasant Road, Randolph, NJ 07869.

(10) Release Escrow for Block 87, Lot 8, to William Lamia—$797.50

R-18-08

WHEREAS, the Planning and Zoning Department received escrow funds from William Lamia for Block 87, Lot 8, 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 $797.50 be refunded to William Lamia, 5 Cypress Place, Randolph, NJ 07869.

(11) Release Escrow for Block 201, Lot 16, to Andrew Bogie and Kathleen Ketch—$770.50

R-19-08

WHEREAS, the Planning and Zoning Department received escrow funds from Andrew Bogie and Kathleen Ketch for Block 201, Lot 16, 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 $770.50 be refunded to Andrew Bogie and Kathleen Ketch, 30 Everdale Road, Randolph, NJ 07869.

(12) Release Escrow for Block 92, Lot 10, to Darlene Costa—$689.50

R-20-08

WHEREAS, the Planning and Zoning Department received escrow funds from Darlene Costa for Block 92, Lot 10, 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 $689.50 be refunded to Darlene Costa, 7 Kings Lane, Succasunna, NJ 07876.

(13) Release Escrow for Block 119, Lot 114.04, to Randolph Chemical Engine #3, 670 Millbrook Avenue—$1,000.00

R-21-08

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Chemical Engine #3 for Block 119, Lot 114.04, 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, the escrow funds in the amount of $1,000.00 be refunded to Randolph Chemical Engine #3, 670 Millbrook Avenue, Randolph, NJ 07869.

(14) Refund Registration for 2007/2008 Wrestling Program Due to Medical Injury to Albert W. McKee—$100.00

R-22-08

WHEREAS, Albert Wesley McKee registered his child for the 2007/2008 Wrestling Program and paid the fee of $100.00; and

WHEREAS, the child will not be participating due to a medical injury.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $100.00 be refunded to Albert Wesley McKee, 11 James Road, Randolph, NJ 07869.

(15) Release of Performance Guarantee for Public Improvements in the Amount of $80,888.54 and Retaining Maintenance Guarantee in the Amount of $8,987.62, Heritage Village XVII, Block 53, Lot 56, to SJC Builders

R-23-08

WHEREAS, the Randolph Township Engineering Department received a request from SJC Builders for the release of a performance guarantee posted for public improvements constructed in conjunction with the Heritage Village XVII subdivision, Block 53, Lot 56; and

WHEREAS, the performance guarantee consisted of Performance Bond. No. 999001127 in the amount of $80,888.54 and a cash bond in the amount of $8,987.62 which was received and deposited with the Finance Department on December 12, 2003; and

WHEREAS, the developer has posted the required two year maintenance guarantee in the amount of $11,235.52 by requesting the township retain the cash portion of the performance guarantee and posting an additional $2,247.90 to equal the required $11,235.52; and

WHEREAS, the Engineering Department has inspected the subdivision and found that all public improvements have been satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the township release Performance Bond No. 999001127 in the amount of $80,888.54 and retain the cash portion of a performance guarantee in the amount of $8,987.62 to serve as the maintenance guarantee.

(16) Release of Performance Bond and Cash Bond in the Amount of $13,453.57 (Plus Accrued Interest) and Accept Maintenance Bond in the Amount of $9,556.67 for Block 85, Lot 58.01, To Yorkshire Estates, LLC

R-24-08

WHEREAS, the Randolph Township Engineering Department has received a request from Yorkshire Estates, LLC, for the release of a performance guarantee posted for public improvements constructed in conjunction with the Yorkshire Estates subdivision, Block 85, Lot 58.01; and

WHEREAS, the performance guarantee consisted of Performance Bond No. 195480 in the amount of $121,082.15 and a cash bond in the amount of $13,453.57 which was received and deposited with the Finance Department on September 26, 2002; and

WHEREAS, the Developer has posted the required two year Maintenance Guarantee in the amount of $9,556.97 by the form of a Maintenance Bond issued by the North American Specialty Insurance Company, Bond No. 2077391; and

WHEREAS, the Engineering Department has inspected the subdivision and found that all public improvements have 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 Performance Bond and cash bond in the amount of $13,453.57 (plus accrued interest) and accept Maintenance Bond No. 2077391 in the amount of $9,556.67 to Yorkshire Estates, LLC, PO Box 224, Kenvil, NJ 07847.

B. Authorizing an Award of 26 Contracts and Rejection and Re-Bid of Three Contracts on Behalf of MCCPC for Purchases and Services on an As-Needed Basis

R-25-08

WHEREAS, the Township of Randolph authorizes an award of twenty-six (26) contracts for the year 2008 on behalf of the Morris County Cooperative Pricing Council (MCCPC) as noted:

Contract #5:Paving Materials
Contract #6:Road Resurfacing
Contract #7:Drainage Pipe (Delivered)
Contract #8:Anti-Freeze
Contract #11:Motor Oils
Contract #14:Catch Basins & Manhole Castings (Award Categories A, B, & C,
Hold Up Category D Pending Further Review)
Contract #16:Office Supplies
Contract #17:Water Treatment Chemicals
Contract #18:Tree Removal, Trimming and Stump Grinding
Contract #19:Cinder & Concrete Blocks
Contract #20-A:Sporting Goods
Contract #21:Oil and Stone Treatment
Contract #22:DPW Uniforms/Work Shoes & Boots
Contract #23:Police Uniforms & Equipment
Contract #24:Bagged Cement & Poured Concrete
Contract #27:Traffic Paint
Contract #28:Sign Materials
Contract #30:Office Paper Supplies (Award a Portion of Contract,
Re-Bid a Portion)
Contract #31:Calcium Chloride Bags
Contract #32:First Aid Supplies
Contract #33:Clay for Athletic Fields
Contract #36:Traffic Striping on Roadways
Contract #39:Furnishing Trophies and Plaques
Contract #41:Purchase of Communications Equipment
Contract #49:Disposal/Recycling of Municipal Road Clean-Up Materials
Contract #52:Fire Alarms, Sprinklers, Standpipe Systems & Fire
Pumps (Maintenance & Repair Contract)

and

WHEREAS, the Township of Randolph authorizes the rejection and re-bid of three (3) contracts and a portion of one (1) contract on behalf of the Morris County Cooperative Pricing Council (MCCPC) as noted:

Contract #9:Crushed Stone, Gravel & Sand (Entire Contract)
Contract #26:Beam Guide Rail & Safety Ends (Entire Contract)
Contract #30:Office Paper Supplies (Portion of Contract)
Contract #53:Fencing Materials & Installation (Entire Contract)

and

WHEREAS, bids have been advertised and received on October 23 and 25 and December 6, 2007 on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the contracts noted above; and

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each contract and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract as noted.

C. Authorizing and Endorsing the Submission of the Recycling Tonnage Grant Application to the NJDEP

R-26-08

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 such tonnage grants 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 received from the Recycling Tonnage Grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

D. Authorize PARIS Grant Resolution—Records Infrastructure Support

R-27-08

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (PARIS) Grant Program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, a top priority of the PARIS Grant Program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

WHEREAS, in the 2008-2009 grant cycle, priority funding will be given to county projects to perform shared services with their municipalities; and

WHEREAS, the Township of Randolph desires to collaborate with the County of Morris in the performance Records Purging and Taxonomy Study; and

WHEREAS, the Township of Randolph is acknowledging that their eligible funding of $50,000.00 will be leveraged with the County of Morris; and

WHEREAS, the Township of Randolph is acknowledging that the County of Morris would be both the lead agency and the applicant for such a proposal.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph does support and commit to cooperation and participation in the PARIS Grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

ADOPTED by the Mayor and Council of the Township of Randolph at a meeting held on January 17, 2008.

E. Authorizing Township to Join Morris County Adaptive Recreational Program (McARP) as Described Above and Contribute Thereto an Amount Not in Excess of Fair Share Assessment for One Year—$3,259.00

R-28-08

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McArp); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $3,259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of Randolph Township as follows:

That Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McArp) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

F. Authorizing Resolution for Professional Services Agreement with St. Clare’s Hospital for Various Professional Outreach Programs—Not to Exceed $6,050.00

R-29-08

WHEREAS, the Township of Randolph has a need to acquire St. Clare’s Hospitals as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, St. Clare’s Hospitals has indicated they will provide the Community Health Services for an amount not to exceed $6,050.00 in accordance with their agreement on file with this resolution; 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 St. Clare’s Hospitals as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 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 will be available in the 2008 Budget, Health, Other Expense, to award a contract to Saint Clare’s Hospital to provide Community Health Services in the amount not to exceed $6,050.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Resolution for Professional Services Agreement with Garden State Labs for Testing of Food and Water Samples—$3,788.00

R-30-08

WHEREAS, the Township of Randolph has a need to acquire Garden State Laboratories, Inc., 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, Garden State Laboratories, Inc., has indicated they will provide the water and food testing and consultation for an amount not to exceed $3,788.00; and

WHEREAS, Garden State Laboratories, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Garden State Laboratories, Inc., 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 Garden State Laboratories, Inc., 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 Garden State Laboratories, Inc., 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: January 17, 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 will be available in the 2008 Budget, Health, Other Expense, to award a contract to Garden State Laboratories, Inc. to provide water and food testing and consultation in the amount not to exceed $3,788.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorize Resolutions for Professional Services Agreements for the Purpose of Providing Professional Environmental Engineering Services:

(1) PK Environmental—Not to Exceed $15,000.00

R-31-08

WHEREAS, the Township of Randolph has a need to acquire professional engineering services 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 year and may be extended as approved by this governing body; and

WHEREAS, Peel, Kehrley, Inc., dba PK Environmental, has indicated they will provide the professional engineering services in an amount not to exceed $15,000.00; and

WHEREAS, Peel, Kehrley, Inc., dba PK Environmental, has completed and submitted a Business Entity Disclosure Certification which certifies that Peel, Kehrley, Inc., dba PK Environmental, 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 Peel, Kehrley, Inc., dba PK Environmental, 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 Peel, Kehrley, Inc., dba PK Environmental, 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Peel Kehrley, Inc., dba PK Environmental, to provide professional Environmental Engineering Services for the Acquisition of Open Space in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(2) Viridian Environmental Consultants, Inc.—Not to Exceed $7,500.00

R-32-08

WHEREAS, the Township of Randolph has a need to acquire professional environmental services 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 year and may be extended as approved by this governing body; and

WHEREAS, Viridian Inc. Environmental Consultants has indicated they will provide the professional environmental services for an amount not to exceed $7,500.00; and

WHEREAS, Viridian Inc., Environmental Consultants has completed and submitted a Business Entity Disclosure Certification which certifies that Viridian Inc., Environmental Consultants 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 Viridian Inc. Environmental Consultants 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 Viridian Inc. Environmental Consultants 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Viridian Inc. to provide professional Environmental Engineering Services for the Acquisition of Open Space in the amount not to exceed $$7,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(3) Ecolsciences, Inc.—Not to Exceed $15,000.00

R-33-08

WHEREAS, the Township of Randolph has a need to acquire Ecolsciences, Inc., 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 year and may be extended as approved by this governing body; and

WHEREAS, Ecolsciences, Inc., has indicated they will provide the environmental engineering services for an amount not to exceed $15,000.00; and

WHEREAS, Ecolsciences, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Ecolsciences, Inc., 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 Ecolsciences, Inc., 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 Ecolsciences, Inc., 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Ecolsciences, Inc. to provide professional Environmental Engineering Services for the Acquisition of Open Space in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorize Resolutions for Professional Services Agreements for the Purpose of Providing Professional Surveying Services:

(1) Paulus, Sokolowski & Sartor, LLC—Not to Exceed $10,000.00

R-34-08

WHEREAS, the Township of Randolph has a need to acquire professional surveying services 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 year and may be extended as approved by this governing body; and

WHEREAS, Paulus, Sokolowski & Sartor, LLC indicates they will provide the professional surveying services in an amount not to exceed $10,000.00; and

WHEREAS, Paulus, Sokolowski & Sartor, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Paulus, Sokolowski & Sartor, 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 the Paulus, Sokolowski & Sartor, LLC 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 Paulus, Sokolowski & Sartor, 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Paulus, Sokolowski & Sartor, LLC to provide professional Surveying Services for the Acquisition of Open Space in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(2) Clough Harbour Associates—Not to Exceed $10,000.00

R-35-08

WHEREAS, the Township of Randolph has a need to retain Clough Harbour & Associates, 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 year and may be extended as approved by this governing body; and

WHEREAS, Clough Harbour & Associates, LLP has indicated they will provide the professional surveying services for an amount not to exceed $10,000.00; and

WHEREAS, Clough Harbour & Associates, LLP has completed and submitted a Business Entity Disclosure Certification which certifies that Clough Harbour & Associates, LLP 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 Clough Harbour & Associates, LLP 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 Clough Harbour & Associates, LLP 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Clough Harbour & Associates, LLP to provide professional Surveying Services for the Acquisition of Open Space in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Resolution for Professional Service Agreement for the Purpose of Providing Professional Appraisal Services

(1) Landmark I Appraisals—Not to Exceed $10,000.00

R-36-08

WHEREAS, the Township of Randolph has a need to acquire professional appraisal services 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 year and may be extended as approved by this governing body; and

WHEREAS, Landmark I Appraisal has indicated they will provide the professional appraisal services for an amount not exceeding $10,000.00; and

WHEREAS, Landmark I Appraisal has completed and submitted a Business Entity Disclosure Certification which certifies that Landmark I Appraisal 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 Landmark I Appraisal Services 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 Landmark I Appraisal 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: January 17, 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 Ordinance #23-00, Acquisition of Property for Open Space, to award a contract to Landmark I Appraisal to provide professional Appraisal Services for the Acquisition of Open Space in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. 2008 Temporary Budget

R-37-08

WHEREAS, 40A:4-19 Local Budget Act provides that (where any contracts, commitments or payments are to be made prior to the final adoption of the 2008 budget) temporary appropriations be made for purposes and amount required in the manner and time therein provided; and

WHEREAS, the date of this resolution is within the first thirty days of January, 2008; and

WHEREAS, the total general appropriations in the 2007 Budget, exclusive of any appropriations made for Interest and Principal of Debt, Capital Improvements and Public Assistance is the sum of $29,085,298.00; and

WHEREAS, 26.25 percent of this total is the sum of $7,634.891.00.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph, County of Morris, State of New Jersey, that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his record:

GENERAL ADMINISTRATION
Salaries and Wages$81,935.00
Other Expenses$9,294.00
 
MAYOR AND COUNCIL
Salaries and Wages$9,375.00
 
MUNICIPAL CLERK
Salaries and Wages$38,564.00
Other Expenses$12,886.00
 
FINANCIAL ADMINISTRATION (Treasury)
Salaries and Wages$39,626.00
Other Expenses$4,044.00
 
AUDIT SERVICES
Other Expenses$20,855.00
 
COMPUTER PROCESSING
Other Expenses$11,742.00
 
REVENUE ADMINISTRATION (Tax Collection)
Salaries and Wages$27,398.00
Other Expenses$2,739.00
 
TAX ASSESSMENT ADMINISTRATION
Salaries and Wages$32,708.00
Other Expenses$6,458.00
 
LEGAL SERVICES
Other Expenses$75,000.00
 
ENGINEERING SERVICES
Salaries and Wages$59,153.00
Other Expenses$2,533.00
 
PLANNING BOARD
Salaries and Wages$34,887.00
Other Expenses$7,870.00
 
ZONING BOARD OF ADJUSTMENT
Salaries and Wages$9,205.00
Other Expenses$5,959.00
 
LIABILITY INSURANCE
Other Expense$130,000.00
 
WORKERS COMPENSATION INSURANCE
Other Expenses$156,000.00
 
EMPLOYEE GROUP INSURANCE
Other Expenses$886,000.00
 
POLICE DEPARTMENT
Salaries and Wages$946,324.00
Other Expenses$19,626.00
 
POLICE DISPATCH/911
Salaries and Wages$81,431.00
 
FIRE DEPARTMENT
Salaries and Wages$29,740.00
Other Expenses$15,758.00
 
AID TO VOLUNTEER COMPANIES
Other Expenses$14,750.00
 
STREET AND ROAD MAINTENANCE
Salaries and Wages$235,822.00
Other Expenses$24,204.00
 
WATER AND SEWER
Salaries and Wages$264,364.00
Other Expenses$45,672.00
Electricity$19,500.00
Telephone$5,675.00
 
SOLID WASTE COLLECTION
Other Expenses$121,000.00
 
RECYCLING
Salaries and Wages$83,882.00
Other Expenses$10,019.00
 
BUILDING AND GROUNDS
Salaries and Wages$13,154.00
Other Expenses$25,306.00
 
VEHICLE MAINTENANCE
Salaries and Wages$50,710.00
Other Expenses$48,250.00
 
SNOW REMOVAL
Salaries and Wages$88,600.00
Other Expenses$100,200.00
 
PUBLIC HEALTH SERVICES
Salaries and Wages$130,997.00
Other Expenses$9,399.00
 
ENVIRONMENTAL HEALTH SERVICES
Other Expenses$3,500.00
 
ANIMAL CONTROL SERVICES
Salaries and Wages$11,711.00
 
RECREATION SERVICES AND PROGRAMS
Salaries and Wages$171,906.00
Other Expenses$134,161.00
 
MAINTENANCE OF PARKS
Salaries and Wages$105,325.00
Other Expenses$40,000.00
 
UTILITY EXPENSES
Electricity$60,400.00
Street Lighting$22,750.00
Telephone$32,167.00
Gas (Natural or Propane)$21,667.00
Fuel Oil$700.00
Gasoline$94,833.00
 
LANDFILL/SOLID WASTE DISPOSAL COSTS
Other Expenses$267,000.00
 
UNIFORM CONSTRUCTION CODE
Salaries and Wages$67,269.00
Other Expenses$2,832.00
Electrical Inspection$11,667.00
 
ACCUMULATED LEAVE COMPENSATION
Salaries and Wages$100,000.00
 
MUNICIPAL ALLIANCE
Salaries and Wages$2,835.00
Other Expenses$2,000.00
 
STATUTORY EXPENDITURES
PERS$379,929.00
Social Security$141,619.00
PFRS$851,160.00
 
MUNICIPAL COURT
Salaries and Wages$64,164.00
Other Expenses$5,505.00
 
ROCKAWAY VALLEY REGIONAL SEWAGE AUTHORITY
Other Expenses$535,500.00
 
MORRIS TOWNSHIP—SEWER TREATMENT
Other Expenses$100,000.00
 
MORRIS COUNTY MUA—WATER SERVICES
Other Expenses$200,000.00
 
TOWNSHIP—CAPITAL OUTLAY
Police—Patrol Vehicles$125,000.00
 
WATER AND SEWER—CAPITAL OUTLAY
Water Meters$30,000.00
 $7,634,215.00
  
DEBT SERVICE
Waste Water Trust Program—Principal$755,823.00
Waste Water Trust Program—Interest$58,544.00
Interest on Bonds$179,261.00

L. Raffles

(1) Off-Premise 50/50, Dawn Center for Independent Living, Inc. on July 26, 2008, at Hedden Park, 124 Reservoir Avenue, Randolph, NJ, at 3:00 p.m.

(2) On-Premise 50/50 at Skylands, April 6, 2008, 1:00 p.m. to 4:00 p.m. for Domestic Abuse and Sexual Assault Crisis Center

(3) Casino Night, St. Joseph Home-School Association, April 5, 2008, 6:30 p.m. to 11:30 p.m. at Meadow Wood Manor, 461 Route 10, Randolph, NJ

(4) Social Affair Permit, Saturday, March 15, 2008, St. Matthew the Apostle Parish, 335 Dover Chester Road, 7:00 p.m. to 12:00 a.m.

(5) Off-Premise Merchandise Raffle, St. Andrew’s Greek Orthodox Church, June 29, 2008, 1:00 p.m. at St. Andrew Hall, 1447 Sussex Turnpike, Randolph

DISCUSSION

A. Board of Education Presentation—March 27 Meeting at 7:00 p.m.

Manager Lovell noted that the Council is scheduled to meet on March 27, 2008, at 8:00 p.m. The Board of Education would like to present their annual budget to the Council that evening. The Manager suggested moving the start time of the meeting to 7:00 p.m. to accommodate that request.

Deputy Mayor Metz made a motion to amend the Council meeting date resolution to begin the March 27, 2008, meeting at 7:00 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Algeier
Councilman Alpert

B. COAH/Highlands

Manager Lovell noted that the staff and consultants are beginning to obtain information on new COAH regulations under consideration. The information is complex and at this time the Manager is not prepared to present the information to the Council, but will schedule a presentation to the Council on how the new regulations will impact Randolph Township in the near future. The Highlands Regional Master Plan is being commented on at the state level. Mr. Lovell, Darren Carney, and Steve Bury are scheduled to meet with staff from the Highlands on January 23, 2008, and the Manager extended an invitation to any Council member wishing to attend.

Mayor Napoliello stated that he will attend. The Mayor noted that the Planning Board has a subcommittee dealing with Highlands issues and asked that those members be extended an invitation to the Highlands meeting as well.

C. Brundage Park—Fresh Water/Wetlands Violation

Manager Lovell discussed a notice from the NJ DEP regarding a property adjacent to Brundage Park on Sussex Turnpike citing violations of regulated wetlands areas, which also impacts township property. The Township has also received correspondence from an attorney representing the property owners stating that they will develop and undertake a restoration plan to correct the violations. Manager Lovell noted that the property owners have a long history of various violations with the township and recommended that the township undertake the restoration to assure DEP guidelines are met and seek restitution from the property owners.

Councilman Obremski recused himself from further discussions as there may be a potential conflict of interest.

Councilwoman Mitsch made a motion to allow the Manager to hire a consultant to begin the process of remediation for this property to bring it in line with DEP guidelines. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT:
Councilman Algeier
Councilman Alpert

ABSTAIN: Councilman Obremski

D. Authorize Township to Sign 2008 CDBG Application—VFW Improvements

Manager Lovell stated that this will authorize the township to sign an application for a Community Development Block Grant for improvements to the VFW building. The improvements proposed include a lift and bathroom enhancements to comply with guidelines of the American With Disabilities Act. The amount of the grant would be approximately $80,000.00.

Councilman Obremski made a motion to support the grant application. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Algeier
Councilman Alpert

Mayor Napoliello requested delaying the discussion on the energy audit until Councilman Algeier arrives.

Manager Lovell noted that the Council should not move forward with the public hearings on the ordinances until 8:00 p.m., as they were advertised, and suggested a ten minute recess.

RE-CONVENE

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #35-07: Amending Land Development Ordinance, KAB Mt. Freedom Re-Zoning

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE A PORTION OF BLOCK 224, LOT 5, ON THE OFFICIALTAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE LVC LIMITED VILLAGE COMMERCIAL DISTRICT AND TO REZONE BLOCK 224, LOTS 6 AND 7, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE R-2 RESIDENTIAL—SINGLE FAMILY DISTRICT” be read by title on second reading and a hearing held thereon.

Councilman Algeier recused himself from discussions on this ordinance.

Manager Lovell stated that this ordinance came about as a result of an application for a zoning modification from the property owner. The Planning Board recommends the zoning change and finds it to be consistent with the Master Plan.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE A PORTION OF BLOCK 224, LOT 5, ON THE OFFICIALTAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE LVC LIMITED VILLAGE COMMERCIAL DISTRICT AND TO REZONE BLOCK 224, LOTS 6 AND 7, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE R-2 RESIDENTIAL—SINGLE FAMILY DISTRICT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Obremski made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

RECUSED: Councilman Algeier

(2) Ordinance #36-07: Amending Land Development Ordinance, Rezoning Block 199, Lot 9 (Randolph Mountain) From R-1 To R-2 So As To Accommodate an Affordable Housing Project In Accordance with NJ Superior Court Orders

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING UNDER PROTEST THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, ARTICLE III, ZONING, SECTION 15-12.1, ZONE MAP, AND SECTION 15-17.1, PERMITTED USES, TO CHANGE LOT 9, BLOCK 199, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM R-1 TO R-2 ZONING” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that the Planning Board has found this ordinance to be inconsistent with the Master Plan. The area is to be rezoned in accordance with orders from the Superior Court.

Ms. Gallo reiterated for the record the fact that this ordinance is being adopted in accordance with the orders of the Superior Court.

The Mayor opened the meeting for public hearing.

Daniel Corrigan, an attorney representing Randolph Mountain Partnership, spoke at length expressing his concerns with the words “under protest” in the ordinance and possible future litigation arising from a misunderstanding of the ordinance as presented this evening. It is his belief that the Appellate Division decision can not be appealed and the zoning must be returned what it was in 1989. Mr. Corrigan stated that, if the Council adopts the ordinance as drafted, he will be compelled to start a declaratory judgment action against the township. He asked that the ordinance be tabled and the words “under protest” be stricken from the ordinance.

Judith Stewart, 114 Everdale Road, cited a typo in the ordinance.

Manager Lovell responded that the typo was merely a computer glitch and the ordinance was advertised correctly.

Ms. Gallo reiterated that Mr. Buzak, Randolph’s Township Attorney, drafted the ordinance, he feels it is appropriate as it is written, and recommends it be adopted in the form presented. One of the reasons it is being adopted under protest is because the Planning Board has found it to be inconsistent with the Master Plan.

Councilman Algeier questioned Mr. Corrigan on his comments regarding the COAH component, his concerns regarding Section 1 and Paragraph C of the proposed ordinance, whether he felt the language went beyond returning the property to 1989 zoning, and whether he thought the ordinance was designed and intended to somehow not comply with the orders of the Superior Court.

Mr. Corrigan provided no definitive answers to the Councilman’s questions.

Councilman Algeier stated that, since Mr. Corrigan was unable to provide any substantive problems with the ordinance, he sees no reason to table the ordinance for further discussion.

Councilwoman Mitsch commented that Randolph Mountain has been a long-standing issue for the township. The multiple “WHEREAS” clauses in the ordinance, referred to by Mr. Corrigan as confusing, provide a timeline of events leading to this point. The ordinance was drafted to comply with the orders of the Superior Court and she resents the implication that the Council is doing something untoward with this ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING UNDER PROTEST THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, ARTICLE III, ZONING, SECTION 15-12.1, ZONE MAP, AND SECTION 15-17.1, PERMITTED USES, TO CHANGE LOT 9, BLOCK 199, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM R-1 TO R-2 ZONING” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Obremski made a motion to approve the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

(3) Ordinance #37-07: Amending Land Development Ordinance, Confirming the R-5 Zoning for Block 199, Lot 6, (Randolph Mountain) and Rezoning as Necessary the Portion of Block 199, Lot 9 (Also Randolph Mountain) Appended to Lot 6 in 1988, From R-1 to R-5 in Accordance with NJ Superior Court Orders

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CONFIRMING THE R-5 ZONING DESIGNATION ON BLOCK 199, LOT 6, AS DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH IN EXISTENCE IN 1988 AND REZONING, AS NECESSARY, THAT PORTION OF BLOCK 199, LOT 9, AS DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH IN EXISTENCE IN 1988 THAT WAS SUBSEQUENTLY APPENDED TO BLOCK 199, LOT 6, FROM THE R-1 ZONE DISTRICT TO THE R-5 ZONE DISTRICT” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance fulfills an order of the Superior Court to return the zoning to what was in place in 1988.

Ms. Gallo noted for the record that the Planning Board has found this ordinance to be inconsistent with the Master plan.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CONFIRMING THE R-5 ZONING DESIGNATION ON BLOCK 199, LOT 6, AS DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH IN EXISTENCE IN 1988 AND REZONING, AS NECESSARY, THAT PORTION OF BLOCK 199, LOT 9, AS DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH IN EXISTENCE IN 1988 THAT WAS SUBSEQUENTLY APPENDED TO BLOCK 199, LOT 6, FROM THE R-1 ZONE DISTRICT TO THE R-5 ZONE DISTRICT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

(4) Ordinance #38-07: Amending Land Development Ordinance—Walls and Fences

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS, SECTION 15-79, SITE AMENITIES, SUBSECTION 15-79.2, WALLS AND FENCES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance clarifies language regarding walls and fences. The Planning Board finds this ordinance to be consistent with the Master Plan and recommends the adoption of this ordinance.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS, SECTION 15-79, SITE AMENITIES, SUBSECTION 15-79.2, WALLS AND FENCES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Mitsch made a motion to adopt the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

B. Introduction

(1) 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

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 introduced and 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 7th of February, 2008, at 8:00 p.m. 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 this ordinance will provide for stop signs to be placed at intersections on Mostyn Road, Matthew Road, and Hilltop Road.

Councilman Obremski made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion.

Councilman Algeier requested the impacted neighborhood be specifically notified of the ordinance.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

APPOINTMENTS

Mayor Napoliello recommended the following appointments:

  • Ellen Gorman Forbes as a member of the Landmarks Committee expiring 12/31/08 (replacing Irini Barbounis)
  • Michael Guadagno as a member of the RVRSA expiring 12/31/12
  • Debra Sprung as a member of the Economic Development Committee expiring 12/31/08 (replacing Lisa Wagner)
  • Ira Bennett as a member of the Economic Development Committee expiring 12/31/08 (replacing Jerry Olivo)
  • Teresa Bohm as a member of the Community Services Advisory Committee expiring 12/31/09 (replacing Peggy DePaola)
  • Gayle Bowles as Alternate #1 on the Community Services Advisory Committee expiring 12/31/10
  • Elizabeth Jaeger as Alternate #2 on the Community Services Advisory Committee expiring 12/31/09
  • Robert Giarraffa as a member of the Open Space Committee expiring 12/31/10
  • Mindy Cohen as a member of the Open Space Committee expiring 12/31/10
  • Steve Shannon as Alternate #1 on the Open Space Committee expiring 12/31/08
  • Mark Casella as Alternate #2 on the Open Space Committee expiring 12/31/08

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

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

NAYS: None

ABSENT: Councilman Alpert

Councilwoman Price will be the Council Liaison to the Economic Development Committee, and Councilwoman Mitsch will be the Council Liaison to the Environmental Commission.

Councilman Algeier asked the Manager to compose a letter of thanks to Michael Babyak for his years of service on the RVRSA.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if a meeting date had been established for a discussion on capital improvement projects.

Manager Lovell responded that the date will be set after the discussion on the energy audit immediately following.

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

DISCUSSION ITEMS (Continued)

D. Presentation of the Energy Audit Conducted by Metro Energy Solutions

Manager Lovell stated that an extensive energy audit was conducted by Metro Energy Solutions. A booklet was developed and delivered and is available for review at Town Hall and portions have been put on the web site.

Two representatives from Metro Energy Solutions discussed the process of the audit and various findings and recommendations after reviewing 24 sites in the township.

Mr. Lovell noted that the staff has reviewed the report. Some of the recommendations are simple and provide quick payback to the township, and others are quite extensive. He noted that several buildings were going to be undergoing renovations in the foreseeable future and has passed portions of the energy audit to those architects in an effort to incorporate some of the recommendations. He suggested not undertaking any changes that would have to be ripped out during reconstruction. There are, however, some major systems that need to be replaced because they have come to the end of their shelf life. It is the Manager’s sense that the energy audit needs to be tied in with capital improvement and budget discussions to decide on the implementation of the major recommendations.

E. Capital Improvements—Set Meeting Date

A meeting to discuss capital improvements was set for Tuesday, January 29, 2008, at 7:00 p.m. The Manager set a tentative date of Saturday, February 9, 2008, at 9:00 a.m. for a budget work session.

Councilwoman Price noted that she will be unable to attend the January 29 meeting.

COUNCIL AND MANAGER COMMENTS

Councilman Algeier cited several publications he receives and offered the Manager articles from each to distribute to the Council regarding Highlands issues, COAH issues, and suits by billboard companies. The Councilman thanked the Mayor for delaying the energy audit discussion until his arrival at the meeting.

Councilwoman Price noted that the Economic Development Committee is requesting Council to review Randolph’s ordinance regarding signage. Local businesses, especially those off the main roads, expressed concern about the size of lettering allowed on signs.

Manager Lovell noted that he will start the process of reviewing the existing ordinance with Robert Michaels and Darren Carney.

Councilwoman Mitsch reported that John Van Brunt is going to be instituting a new program to facilitate rental of the pavilion at Freedom Park. The playground at Randolph Lake, which was closed last year because it failed to meet child safety standards, will be removed. The Parks Committee also reported trouble at the skate park with graffiti.

Manager Lovell responded that the skate park has been a habitual problem over the years and would not be averse to closing it.

Councilman Algeier suggested locking the skate park on weekends as a first step before shutting it down entirely.

Deputy Mayor Metz reiterated his desire to have a meeting with the Board of Education and his frustration that there has not been one for quite a while. Since the schools receive more than 60 percent of our taxes, he feels it is important to meet with them more regularly than they do currently.

The Manager responded that he will make his request for a meeting with them more aggressively.

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:

A. Tax Appeals with Richard DeAngelis, Esq.
B. 2008 Legal Services Including Court Personnel

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

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

Councilwoman Mitsch made a motion to go into Executive Session. Councilman Obremski seconded the motion. A voice vote was approved unanimously.

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

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

NAYS: None

ABSENT: Councilman Alpert

RE-CONVENE

Councilwoman Mitsch made a motion to settle the tax appeal for Block 199, Lot 46.09. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Algeier

ABSENT: Councilman Alpert

Tax Appeal Settlement—Block 199, Lot 46.09—Ming-Yi Hu

R-38-08

WHEREAS, Ming-Yi Hu, the owner of the property located at Block 199, Lot 46.09, on the official tax maps of the Township of Randolph, also known as 1 Poplar Court, 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 2007; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2007 from a total assessment of $1,044,100.00 to a total assessment of $950,000.00; 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, 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 2007 tax year results in a total tax refund of $2,766.54.

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 199, Lot 46.09, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $1,044,100.00 to a total assessment of $950,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $2,766.54 to the property owner, said refund being attributable to the reduction in the assessment 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.

Councilwoman Mitsch made a motion to settle the tax appeal for Block 112, Lot 17.07. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Algeier

ABSENT: Councilman Alpert

Tax Appeal Settlement—Block 112, Lot 17.07—Gary Vega

R-39-08

WHEREAS, Gary Vega, the owner of the property located at Block 112, Lot 17.07, on the official tax maps of the Township of Randolph, also known as 12 Blue Bird Court, 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 2007; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2007 from a total assessment of $688,000.00 to a total assessment of $595,500.00; 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, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township’s Tax Assessor, 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 2007 tax year results in a total tax refund of $2,719.50.

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 112, Lot 17.07, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $688,000.00 to a total assessment of $595,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $2,719.50 to the property owner, said refund being attributable to the reduction in the assessment 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.

Councilwoman Mitsch made a motion to settle the tax appeal for the Canfield Business Park Association. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Alpert

Tax Appeal Settlement—Canfield Business Park Association

R-40-08

WHEREAS, Canfield Business Park Association, the owner of property located at Block 18, Lots 10.01 and 10.02, on the official tax maps of the Township of Randolph, also known as 111 and 117 Canfield Avenue, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2006 and 2007; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 10.01 for tax year 2006 from a total assessment of $3,719,700.00 to a total assessment of $3,375,300.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 10.02 for tax year 2006 from a total assessment of $5,480,300.00 to a total assessment of $4,963,700.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 10.01 for tax year 2007 from a total assessment of $3,719,700.00 to a total assessment of $3,055,700.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 10.02 for tax year 2007 from a total assessment of %4,480,300.00 to a total assessment of $4,484,300.00; and

WHEREAS, the property owner and the Township of Randolph have agreed that the property owner will take the refund resulting from the settlement for tax year 2006 as a credit to be applied to the property owner’s next quarterly real estate taxes due after the date of issuance of Judgment by the Tax Court of New Jersey; 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 Lot 10.01 for the 2006 tax year results in a total tax refund of $9,746.52; and

WHEREAS, the proposed settlement for Lot 10.02 for the 2006 tax year results in a total tax refund of $14,619.78; and

WHEREAS, the proposed settlement for Lot 10.01 for the 2007 tax year results in a total tax refund of $19,521.60; and

WHEREAS, the proposed settlement for Lot 10.02 for the 2007 tax year results in a total tax refund of $29,282.40.

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 18, Lot 10.01, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $3,719,700.00 to a total assessment of $3,375,300.00.

2. The tax assessment on the subject property, located at Block 18, Lot 10.02, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $5,480,300.00 to a total assessment of $4,963,700.00.

3. The tax assessment on the subject property, located at Block 18, Lot 10.01, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $3,719,700.00 to a total assessment of $3,055,700.00.

4. The tax assessment on the subject property, located at Block 18, Lot 10.02, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of %4,480,300.00 to a total assessment of $4,484,300.00.

5. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to apply the appropriate credit in the amount of $24,366.30, resulting from the refund due for the 2006 tax year, toward the next quarterly real estate taxes due after the issuance of the Judgment by the Tax Court of New Jersey.

6. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $48,804.00 to the property owner, said refund being attributable to the reduction in the assessment of Lots 10.01 and 10.02 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.

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

ADJOURNMENT

Mayor Napoliello adjourned the meeting at 10:45 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
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

Absent for the executive session was: Councilman Albert

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

Tax Appeals with Richard DeAngelis, Esq.

Chabad

Do not release.

Vega/Ming-Yi Hu

Manager Lovell noted that these are two residential properties that were purchased at the height of the housing market.

Councilman Algeier expressed concern that the appraisals for the properties were not given.

Barbara Gothie, the Tax Assessor, noted that the appraiser doesn’t get involved in residential properties. Ms. Gothie and Mr. DeAngelis discussed the various aspects of the properties considered before reducing the value.

Councilman Algeier expressed concern that other residents who bought their homes at the height of the market may start applying for tax appeals.

Canfield Business Park

Do not release.

Route 10 Realty

Do not release.

2008 Legal Services Including Court Personnel

Manager Lovell noted that there will be professional service agreements at the next Council meeting for the people who provide legal services to the town and summarized them as follows:

  • Edward Buzak
  • Allan Iskra
  • Mike Cresitello
  • Andrew Blair
  • Anthony Bucco, Jr.
  • Richard DeAngelis
  • Fred Knapp
  • Jack Kraft

Councilman Algeier noted that Mr. Buzak’s increase will be partially paid for by the Morris County Cooperative Pricing Council, for which he does a significant amount of work.

Mr. Lovell stated that Judge Cohen will be introducing a new system in March whereby he will hold plea sessions on a different night than his court sessions. It will increase the number of court nights from 51 sessions to 75 sessions.

Councilman Algeier noted that there are positive benefits to doing this, such as less overtime for police officers and court staff, as well as a more manageable court session.

Donna Marie Luciani
Township Clerk