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: March 1, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. 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 January 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

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

Also present: Township Manager John Lovell and Township Attorney Edward Buzak

Mayor Obremski led the Pledge of Allegiance.

PRESENTATION—BOARD OF EDUCATION BUDGET

Dr. Max Riley, Michael Neves, and Christine Carey presented the proposed budget for the Board of Education for 2007.

Mrs. Carey noted that a tentative budget has been adopted and it will be sent to the County Superintendent for review. The Board of Education will be holding public meetings on the budget, there will be an official hearing on March 28, and the vote on the budget will be on April 17. Mrs. Carey listed the following accomplishments and achievements:

  • A new roof at the Center Grove School
  • New roof and windows at Ironia School
  • Electrical upgrades at the four elementary schools
  • Replacement of boiler system at Middle School
  • Major reconstruction program at High School
  • Completion of new Administration Building attached to Center Grove School
  • Hiring of Assistant Superintendent
  • Hiring of new Personnel Director
  • Addition of Language Arts Supervisor, World Language Supervisor, Science and Technology Supervisor
  • Combination Art/Music Supervisor
  • Implementation of Automated Substitute Teacher Calling System
  • Implementation of Substitute Teacher Training Program
  • Updated automated personnel payroll data base
  • Expansion of web based parent/teacher/student communication link at the High School (Teacher Ease) and piloting program at Middle School
  • SAT scores in top 15 percent of New Jersey high schools
  • Recognitions through the Edward Bloustein scholarship, the Governor school, National Merit Scholars commendations
  • Ranked 32 in New Jersey Monthly's top 75 schools
  • Ranked in top 5 percent for high schools in America by Newsweek
  • Numerous student awards for arts and music
  • Ranked one of the top 100 communities for music education
  • Numerous athletic championships

Dr. Riley noted that Randolph faces a continuing problem of costs rising faster than revenue, most notably the teacher labor market and health care costs. A goal is to try to reduce costs while not affecting services that directly affect the children. Some of these strategies include:

  • Downsizing of staff in central office
  • Increase technological competence of existing staff and systems
  • New management information system
  • Expansion of student data base with enhanced capabilities
  • Further reduction of two senior administrative positions in the district

Improvements in the district focus on the following areas:

  • Opening of new facilities at the high school
  • Addition of four new teachers to the staff
  • Addition of web based language labs in high school and middle school
  • Extend world languages program to encompass kindergarten through 12th grade
  • Replacement of classroom computers purchased prior to 2000
  • Enhancement of science equipment at the high school
  • Purchase of new musical instruments

Another aspect of this budget will focus on a preventive maintenance program for the schools and equipment.

Mr. Neves reviewed the specific financial aspects of the proposed budget, which included:

  • Receipt of additional state aid
  • Limit for maximum amount of tax levy increase
  • Use of a full cap budget
  • Labor contracts
  • Benefits costs
  • Addition of four new teachers at the high school
  • Cost for world language labs
  • Infusion of Spanish into the K-2 grades
  • Determining ways to combine positions of existing personnel in various departments in order to maximize efficencies
  • Savings derived from substitute program

Councilman Alpert asked if there have been any cuts to programs at the schools.

Dr. Riley noted that no changes have been made at the classroom level, however there will be changes to the designated substitute teacher system and the three-day 6th grade orientation program will be eliminated.

Deputy Mayor Mitsch asked for an explanation of the fund balance being returned to the taxpayers.

Mr. Neves responded that present statute stipulates that if the fund balance of the district exceeds two percent, the excess has to be budgeted back to the taxpayer.

APPROVAL OF COUNCIL MEETING MINUTES—FEBRUARY 1, 10, AND 15, 2007

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

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski (abstain on February 1 minutes)

NAYS: None

COUNCIL AND MANAGER REPORTS

Deputy Mayor Mitsch reported that she attended the new Community Services Advisory Committee meeting. Members felt that outdoor lighting at the Senior Center was inadequate and would like the issue to be addressed. The Senior Picnic will be held on June 3, the Senior Olympics will be held on June 7 with a rainout date of June 8, the Freedom Festival will take place from June 28 through July 1, and the Rompers Spaghetti Dinner will be held on March 24.

Councilman Metz reported that he, along with the Assistant Manager and Finance Director, met with bond counsel to discuss financing options for the pool project. He found the meeting to be very informative.

Councilwoman Price stated that the Parade Committee has voted on the theme for the upcoming parade on June 30, which will be a salute to Randolph's volunteer firefighters on their 75th anniversary. The fire department was named Grand Marshall for the parade.

Councilman Algeier attended the Environmental Commission meeting. They have selected Connie Stroh to be Randolph's representative to the Rockaway River Water Cabinet. One issue they will be emphasizing this year is the use of non-phosphorus fertilizers, and they would like information on this to appear in the spring edition of the Randolph Quarterly Newsletter.

Mayor Obremski, along with Sgt. Yarzab, appeared before the School Board to discuss the teen driving safety program that the police department and the Traffic Advisory Committee has been developing. The Board's reaction was positive and the program will be referred to the Policy Committee at the Board of Education to determine how it can be incorporated into the curriculum.

Manager Lovell reported that the fire department is the recipient of a federal grant for $230,000.00 to be used for the purchase of breathing apparatus. The owner of the former Obsessions nightclub has informed the Manager that they are no longer running a teen club business and are now a catering facility for small functions. The owner is seeking a zone change in order to add commercial development to the site, and the Manager will encourage him to submit a zone change application and make a formal presentation to the Council.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, thanked the Mayor for attending the School Board meeting. She thought the teen driver safety program presented by Sgt. Yarzab was very good, and she liked that the School Board could see that the town supports the program by the Mayor's attendance.

Julie Hooper, 71 Everdale Road, asked why the budget increase can't coincide with the cost of living increase and also how much employees contribute to their health care plans.

Manager Lovell explained the various reasons for the increase in the budget and noted that he will mail a copy of the proposed budget to Mrs. Hooper for her review. He then explained the health benefit program for public employees to Mrs. Hooper.

Mrs. Hooper also asked if the pool was a done deal since it is listed on the capital improvement program.

The Manager responded that the capital improvement program simply lays out a framework from which decisions are made during the course of the year. The pool project needed to be included in the budget, however it is not a done deal at this time. If and when the Council decides to move forward on the pool, a bond ordinance will be introduced and a public hearing held regarding funding the project. An operating budget is being prepared and further investigation is being done before any decisions are made.

SOIL MOVEMENT HEARING—CAMPUS PLAZA (Carried from January 4)

Manager Lovell summarized that a hearing on the soil movement permit for Gordon Randolph Associates was held in January, however a decision was tabled due to concerns about the time frame for the three-phase project. Since then, the Manager has recommended that each phase of the project apply for a soil movement permit to allow for staging. The resolution has been modified to deal with the construction of the medical arts building located behind CVS. Approximately 3,500 cubic yards of soil will be imported for the project. The following conditions are outlined in the resolution:

  • Work will be completed within a 60-day timeframe
  • Work will occur between 8:00 a.m. and 5:00 p.m., or dark, whichever comes first
  • Top soil will be retained on site
  • Soil movement on Route 10 only
  • Construction equipment or earth movers shall be loaded or unloaded on-site only
  • Compliance with any traffic control recommendations by the Chief of Police or his staff
  • Requirement of a $20,000.00 cash bond

Township Attorney Buzak recommended holding another public hearing since the resolution differs slightly from the original resolution.

The meeting was opened to the public for comment. Hearing no comments, the public portion was closed.

Deputy Mayor Mitsch made a motion to approve the soil movement permit for Gordon Associates. Councilman Alpert seconded the motion and the following roll call vote was taken:

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

NAYS: None

R _____

WHEREAS, Gordon Randolph MAB Associates, LLC (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit involving the movement of soil on Block 44, Lot 14, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 765 Route 10 in the Township of Randolph; and

WHEREAS, said application reflects the approximately three thousand five hundred (3,500) cubic yards of soil will be imported to the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for Preliminary and Final Major Site Plan Approval, “C” Variance Relief, Approval for Soil Removal, and Tree Removal/Tree Protection Permit; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on July 24, 2006, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant's soil movement application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on January 4, 2007, which was carried to January 18, 2007, and again carried to March 1, 2007, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on March 1, 2007, provided in the notice to appropriate property owners; and

WHEREAS, the subdivision plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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 Township Council has reviewed the application and recommendations of the Planning and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants the soil movement permit application of Gordon Randolph MAB Associates, LLC, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

a) The importation of soil on the Property shall be limited to a 60 day time period.

b) Soil movement activities will take place between the hours of 8:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays.

c) Top soil shall be retained on the site sufficient to cover all disturbed areas with 6" of top soil.

d) The Applicant shall insure that the vehicles used to import soil be limited to Route 10 only.

e) The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.

f) The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

g) A cash bond in the amount of twenty thousand dollars ($20,000.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder to guarantee the completion of the soil removal operation.

h) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of July 24, 2006, as well as all ordinances including, but not limited to, Section 15-47, et seq.

i) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on July 24, 2006.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.

4. This Resolution shall take effect immediately.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #04-07—Ratifying a Revised Agreement Between the Township of Randolph and the Morris County Municipal Utilities Authority for the Provision of Water

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

Manager Lovell requested that a public hearing on this ordinance occur, however he recommends tabling the ordinance until later this month after meetings have taken place with representatives of the Kushner Corporation, the Township Engineer, MUA staff, Mr. Buzak and himself.

The meeting was opened to the public for comment. Hearing no comments, the public portion was closed.

Deputy Mayor Mitsch made a motion to table the ordinance until April 5, 2007. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #05-07—To Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank in Calendar Year 2007

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2007 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell suggested the ordinance be adopted in order to create flexibility in the budget, both for this year and future years.

The meeting was opened to the public for comment.

Judith Stewart, 114 Everdale Road, noted there was a typo in the title of the ordinance.

The public portion of the hearing was closed.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2007 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

B. Introduction

(1) Amending Chapter 8, Animals, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 8, ANIMALS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANOLPH, 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 5th of April, 2007, 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell explained that this ordinance will allow the Health Officer to make a determination as to when animals need to be tested for rabies.

Councilwoman Price made a motion to introduce the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Amending Ordinance #32-05 Fee Schedule

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE, 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 5th of April, 2007, 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell explained that this ordinance will increase dog and cat licensing fees, set a fee for burial permits, and establish marriage and civil union ceremony fees.

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

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Algeier requested Items E and F be pulled for further discussion.

Councilman Algeier made a motion to approve the combined action items excluding items C, E and F. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Taxes for Block 188, Lot 3, for Tax Year 2006 to Mal Brothers—$6,121.29

R _____

WHEREAS, Mal Brothers has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 188, Lot 3, known as 29 Reed Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $6,121.29; 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 $6,121.29 to Mal Brothers.

(2) Refund Overpayment of Taxes for Tax Year 2005 for Block 42, Lot 1, to Canfield Mews Association—$52,699.79

R _____

WHEREAS, Canfield Mews Association has been granted a reduction in assessed valuation for the tax year 2005 by the Tax Court of New Jersey on Block 42, Lot 1, known as 184 Canfield Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2005 in the amount of $52,699.79; 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 $52,699.79 to Canfield Mews Association.

(3) Refund Overpayment of 2007 Taxes for Block 40, Lot 4.18, to Gregory and Nancy Krannich—$5,295.64

R _____

WHEREAS, Gregory and Nancy Krannich have overpaid 2007 taxes on Block 40, Lot 4.18, 25 Shadowbrook Way; 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 $5,295.64 to Gregory and Nancy Krannich.

(4) Refund Escrow Funds for Block 18, Lot 1.04, to NJDG Aspen, LLC—$484.71

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from NJDG Aspen, LLC, for Block 18, Lot 1.04, in the amount of $8,500.00; 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 $484.71 plus interest be refunded to NJDG Aspen, LLC, c/o North Jersey Real Estate, 101 Roundhill Drive, Rockaway, NJ 07866.

(5) Refund Escrow Funds for Block 146, Lot 63.01, to Tomo Hajsok—$811.00

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Tomo Hajsok for Block 146, Lot 63.01, 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 Tomo Hajsok, 61 Everdale Road, Randolph, NJ 07869.

(6) Refund Escrow Funds for Block 42.05, Lot 7, to Philip Sporn—$797.50

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Philip and Lori Sporn for Block 42.05, Lot 7, 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 Philip Sporn, 20 Georgian Road, Randolph, NJ 07869.

(7) Refund Escrow Funds for Block 72, Lot 17, to William O'Rourke—$784.00

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from William O'Rourke for Block 72, Lot 17, 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 $784.00 be refunded to William O'Rourke, 225 Reservoir Avenue, Randolph, NJ 07869.

(8) Refund Escrow Funds for Block 166, Lot 2, to David Cameron—$797.50

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from David Cameron for Block 166, 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 $797.50 be refunded to David Cameron, 46 West Hanover Avenue, Randolph, NJ 07869.

(9) Refund Escrow Funds for Block 18, Lot 1.05, to NJ Development Group, Inc.—$2,223.08

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from NJDG Aspen, LLC, for Block 18, Lot 1.05, in the amount of $6,000.00; 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 $2,223.08 be refunded to NJ Development Group, Inc., 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046.

(10) Refund Escrow Funds for Block 18, Lots 1.02 and 1.03, to NJ Development Group, Inc.—$638.00

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Canfield Business Park for Block 18, Lots 1.02 and 1.03, in the amount of $5,000.00; 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 $638.00 be refunded to NJ Development Group, Inc., 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046.

(11) Refund Escrow Funds for Police Detail Work to the Board of Education—$228.00

R _____

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 Township Board of Education: $228.00

(12) Refund Developer's Fee for Block 71, Lot 10, to Collinson Brothers—$1,500.00

R _____

WHEREAS, the Planning and Zoning Department received and deposited with the Finance Department a check, No. 2338, from Collinson Brothers in the amount of $1,500.00 covering a developer's fee for Block 71, Lot 10; and

WHEREAS, the developer's fee should not have been applied due to the fact that the construction on this lot is a knockdown-rebuild, with no net increase in the number of dwelling units on the lot.

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 developer's fee in the amount of $1,500.00 be refunded to Collinson Brothers, 183 West Dewey Avenue, Wharton, NJ 07885.

B. Reject a “Re-Bid” of MCCPC Contract #32 (First Aid Supplies), Category B (Miscellaneous Items) Submitted by Moore Medical LLC

R _____

WHEREAS, a re-bid of MCCPC Contract #32 (First Aid Supplies), Category B (Miscellaneous Items) was held for the second time on February 14, 2007; and

WHEREAS, only one (1) bid was received from Moore Medical, LLC, out of the eight (8) bid proposals sent out; and

WHEREAS, Moore Medical's bid failed to contain a copy of their catalog noted in the bid proposal which is a requirement of the bid specifications; and

WHEREAS, it is determined that Moore Medical's bid be rejected for their non-compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the re-bid of February 14, 2007, for Category B (Miscellaneous Items) of Contract #32 (First Aid Supplies) received from Moore Medical, LLC, be rejected due to non-compliance with the bid specifications.

C. Approve/Deny Soil Movement Permit—Campus Plaza

Acted on separately.

D. Authorizing the Settlement of 2006 Tax Appeal—Block 73, Lot 66—Emery Capital Partners

R _____

WHEREAS, Emery Capital Partners, LLC, the owner of the property located at Block 73, Lot 66, on the official tax maps of the Township of Randolph, also known as One Emery Avenue, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax year 2006; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2006 from a total assessment of $2,300,000.00 to a total assessment of $2,100,000.00; and

WHEREAS, the property owner has further agreed to waiver pre-judgment interest due on any refunds due as a result of the proposed settlement for tax year 2006; and

WHEREAS, the Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax year 2007 to reflect a total assessment of $1,600,000.00; and

WHEREAS, it is the recommendation of the Township's special counsel for property tax appeals, in consultation with the Township 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 Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax year 2006 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2006 of $5,660.00.

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 tax assessment on the subject property, located at Block 73, Lot 66, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $2,300,000.00 to a total assessment of $2,100,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $5,660.00 to the property owner, said refund being attributable to the reduction in the assessment for the 2006 tax year.

3. The tax assessment on the subject property for the tax year 2007 shall be $1,600,000.00.

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

E. Supporting Renewal of the Garden State Preservation Trust

Acted on separately.

F. Authorize Settlement Agreement with Gary Grey Trucking, Inc.

Acted on separately.

G. Raffles

(1) Tricky Tray, Mendham Township Home School Association, Meadow Wood Manor, April 27, 2007, 10:00 a.m. to 12:00 p.m.

(2) On-Premise 50/50, Mendham Township Home School Association, Meadow Wood Manor, April 27, 2007, 10:00 a.m. to 12:00 p.m.

(3) Tricky Tray, Lakeview School, Skylands at Randolph, April 27, 2007, 6:00 p.m. to 11:00 p.m.

(4) On-Premise 50/50, Lakeview School, Skylands at Randolph, April 27, 2007, 6:00 p.m. to 11:00 p.m.

(5) Off-Premise 50/50, Lakeview School, Skylands at Randolph, April 27, 2007, 6:00 p.m. to 11:00 p.m.

(6) On-Premise 50/50, Domestic Abuse and Rape Crisis Center, April 29, 2007, Skylands at Randolph, 1:00 p.m. to 4:00 p.m.

E. Supporting Renewal of the Garden State Preservation Trust

R _____

Councilman Algeier suggested adding the following language to the existing resolution: “The Governor and State Legislature are encouraged to recognize the need for immediacy of action in regard to open space preservation and to increase the percentage of the trust devoted to open space acquisition.” He also requested a copy of the revised resolution be forwarded to the Open Space Committee.

Councilman Algeier made a motion to approve the resolution as amended. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

WHEREAS, continued investment in open space and farmland preservation is vitally important to the state, as it enhances New Jersey's economy, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its character; and

WHEREAS, the Garden State Preservation Trust provides a match for open space taxes collected by all 21 counties and more than 225 municipalities; and

WHEREAS, since its creation in 1998, the Garden State Preservation Trust has enabled the State of New Jersey, its local governments, and nonprofits to acquire over 432,000 acres of parks, open space and farmland; and

WHEREAS, the Garden State Preservation Trust is essential not only to the State's conservation programs, but also to the work of counties, municipalities and nonprofit organizations by providing grants and low interest loans to help preserve land while protecting natural resources and farmland for future generations; and

WHEREAS, the Garden State Preservation Trust is virtually depleted, with funds to be completely exhausted in 2007 despite the continued need for the programs it makes possible; and

WHEREAS, the current proposal put forth, which considers renewal of the trust, should specifically emphasize the critical and immediate need for a higher percentage of funds to be allocated for open space acquisitions.

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

1. The municipality supports the renewal and strengthening of the Garden State Preservation Trust to continue to provide funds annually for New Jersey counties, municipalities and nonprofit organizations to acquire open space and farmland.

2. The Governor and State Legislature are encouraged to recognize the need for immediacy of action in regard to open space preservation and to increase the percentage of the Trust devoted to open space acquisition.

3. The municipality is appreciative and thankful for the financial support provided by the Garden State Preservation Trust to the residents of the Township of Randolph towards the acquisition of numerous open space parcels throughout the community, and looks forward to the continuation of this positive and important relationship.

4. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following:

Duly authenticated copies of this Resolution shall be transmitted to:

  • The Honorable Jon Corzine, Office of the Governor, PO Box 001, Trenton, NJ 08625
  • NJ State Senator Anthony Bucco
  • NJ State Assemblyman Richard Merkt and NJ State Assemblyman Michael Patrick Carroll
  • Morris Land Conservancy, 19 Boonton Avenue, Boonton, NJ 07005
  • New Jersey Conservation Foundation, Bamboo Brook, 170 Longview Road, Far Hills, NJ 07931
  • The Outdoor Recreation Alliance, c/o N.J. Audubon Society, 142 West State Street, Trenton, NJ 08608
  • Daily Record, Star-Ledger, and Randolph Reporter

F. Authorize Settlement Agreement with Gary Grey Trucking, Inc.

R _____

Councilman Algeier requested that the Manager and Township Attorney report on this issue publicly if it is going to be approved because it involved potential litigation which was discussed in closed session. The Councilman had also recommended a few modifications to the resolution.

Attorney Buzak responded that the changes suggested by the Councilman are already covered in the releases.

Councilman Algeier agreed to the resolution as originally presented.

Manager Lovell summarized the problems Randolph encountered with Gary Grey Trucking as well as the methods Randolph took to remedy the situation.

Attorney Buzak thanked Councilman Algeier for his tenacity on this issue in dealing with Gary Grey Trucking.

Councilman Napoliello made a motion to approve item F. Deputy Mayor Mitsch seconded the motion and the following roll call vote was taken:

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

NAYS: None

WHEREAS, the Township of Randolph (“Township”) and Gary W. Grey Trucking, Inc. (“Contractor”) have had an on-going contractual relationship for solid waste collection services and disposal as set forth in certain contracts; and

WHEREAS, the Contractor is currently fulfilling the terms and conditions of a solid waste collection and disposal contract which terminates on December 31, 2008; and

WHEREAS, as a result of a review of solid waste volumes, a discrepancy arose related to the aggregate solid waste collected for calendar year 2004; and

WHEREAS, the parties have negotiated with regard to the issue and have reached an amicable resolution thereof, as more specifically set forth in a certain Settlement Agreement by and between the Township of Randolph and Contractor dated February 13, 2007; and

WHEREAS, the Settlement Agreement calls for the aggregate reimbursement by the Contractor to the Township of $74,725.20 and the execution of mutual Releases by the parties.

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 a certain Settlement Agreement, dated February 13, 2007, by and between the Township of Randolph (“Township”) and Gary W. Grey Trucking, Inc., (“Contractor”) in connection with the discrepancy in certain solid waste collected and disposed of under the applicable contract for calendar year 2004 are hereby approved, ratified and confirmed by the Township.

2. The Mayor and Township Clerk are authorized and directed to execute said Settlement Agreement after the execution thereof by the Contractor and said officials, together with all other appropriate officials, employees and professionals are hereby authorized and directed to execute the appropriate Release and to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution shall take effect immediately.

COUNCIL COMMENTS

Councilman Alpert reported that he saw an article indicating personnel changes on the Highlands Commission.

Councilman Napoliello stated that the Mayor of Mt. Arlington thanks the Council for their support on the Lake Hopatcong funding situation.

Councilman Algeier commented that he noticed some of the ordinances had been advertised in a shorter form and asked what the savings amounted to from advertising in that manner.

Mrs. Luciani estimated that it saved approximately $550.00.

Manager Lovell commented that ordinances can now be found on Randolph's web site.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her desire to see the Council support the Board of Education budget.

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. Negotiations for open space acquisitions

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 Price made a motion to move into Executive Session. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Deputy Mayor Mitsch made a motion to reopen the meeting to the public. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

The Mayor adjourned the meeting at 10:00 p.m.

Donna Marie Luciani
Township Clerk