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: November 2, 2006

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Algeier. 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 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilman Manning
Councilwoman Mitsch (arrived 9:00)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance.

COUNCIL AND MANAGER REPORTS

Councilwoman Price reported that she attended a Community Forum at St. Clare’s hospital where they are looking at ways to partner with surrounding communities and provided an update on the services they provide. One of their programs is a mobile health van, and Councilwoman Price would like to see if Randolph can take advantage of this service. She is also interested in exploring whether one of their health care nurses could present a program at the Senior Center on wellness or dietary information. The Councilwoman raised the issue of potential cost savings to the township by doing legal advertising through the web site.

Mayor Algeier noted that he has heard about possible legislation that would permit towns to do their legal advertising on the web as opposed to newspapers. If such a bill is pending, he would suggest obtaining a copy of the bill and preparing a letter to the legislators indicating that it might be something the Council would support.

Councilman Huston suggested tempering a move to advertise on the web with using the newspapers to print a summary of the ordinance information.

Manager Lovell reported that he received a call from the New Jersey DEP regarding the parking of the school bus fleet and notifying him that diesel fumes going off premise constitute a violation of state regulations. The Manager indicated that the buses will be moved to their permanent parking location at the Public Works yard within the week. He noted that the bus fleet has been substantially modernized over the years.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that since the Council was going to be discussing the Manager review she wanted to stress that the Manager has run he township efficiently and in a more organized manner. She expressed disappointment that the republican candidates for Town Council did not show strong support for the new library at the candidate forum and she hopes they will reconsider their position.

Jim McConnell, 45 Carrell Road, suggested that the problem with diesel fumes while the school buses idle could be improved by plugging the buses in to keep them warm and the air pressure up.

Manager Lovell responded that he recommended to the school administrator that they invest in block warmers and electrical improvements at Public Works.

Jeff Braverman, 24 Chestnut Hill Road, expressed concern over a policy made by the School Superintendent creating a peanut-free zone at the Shongum School.

Mayor Algeier commented that he is aware of the situation at Shongum School but the Board of Education does not fall under the Council’s jurisdiction. He recommended that Mr. Braverman attend a Board of Education meeting or contact the President of the Board of Education directly to discuss the matter.

Manager Lovell explained for the Council’s information that this policy was put in place at Shongum because a student there suffers from a severe allergy to peanuts and peanut products.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #25-06—Regulations Governing the Keeping of Horses

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-13.1, PERMITTED USES, OF THE LAND DEVELOPMENT ORDINANCE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH IN CONNECTION WITH KEEPING OF HORSES” be read by title on second reading and a hearing held thereon.

The meeting was opened to the public for comment. Seeing no one from the public, the public portion was closed.

Township Attorney Buzak touched on the topic of using the internet to do legal advertising. Cost savings could be realized by advertising information in summary form in newspapers, which townships currently have a legal right to do. The attorney will use this summary statement more often if the Council desires, however his concern is how detailed to make summary statements. There has been opposition to the proposed bill to allow advertising on web sites by newspapers, with the argument being that not everyone has access to a computer and newspapers have traditionally been used throughout history.

Manager Lovell would like to explore using the township web site to post ordinances as they are introduced.

Mayor Algeier asked if the Township Attorney could estimate cost savings by printing summary information of ordinances.

Township Attorney Buzak estimated that the costs could be cut by at least 50 percent.

Mayor Algeier suggested giving this issue some thought after reviewing the proposed legislation.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-13.1, PERMITTED USES, OF THE LAND DEVELOPMENT ORDINANCE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH IN CONNECTION WITH KEEPING OF HORSES” 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 Manning made a motion to adopt the ordinance. Councilwoman Price seconded the motion.

Councilman Huston congratulated Manager Lovell for putting this ordinance into an understandable and comprehensible form.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

B. Introduction

(1) Amending Fee Schedule to Increase License Fees for Legalized Games of Chance

Manager Lovell explained that this ordinance will bring Randolph’s fees for raffle and bingo licenses in line with fees currently being charged by the state.

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, TO INCREASE THE LICENSE FEES FOR LEGALIZED GAMES OF CHANCE” 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 December, 2006, 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 with the Notice of Introduction thereof in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

COMBINED ACTION RESOLUTIONS

Manager Lovell noted a resolution regarding the RVRSA review to amend the sewer service boundary which includes language stating that the Township is unwilling to fund the cost of any studies associated with the undertaking.

Mayor Algeier suggesting amending the resolution to remove the word “possibly” in the fourth paragraph and including the title on the resolution.

Deputy Mayor Obremski made a motion to approve the Combined Action items as amended. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

A. Refunds/Adjustments Resolutions

(1) Cancel 2006 Delinquent Taxes, Water/Sewer Tax, Water/Sewer Overpayments of $10.00 and Under

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WHEREAS, it is recommended by the Tax Collector that the 2006 delinquent taxes, water/sewer and tax, water/sewer overpayments of $10.00 and under be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel the 2006 delinquent taxes, water/sewer and 2006 tax, water/sewer overpayments of $10.00 and under.

(2) Refund Overpayment Due to Reduction in Assessed Valuation for Tax Year 2004 to Church Alive—$4,690.44

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WHEREAS, Church Alive, Inc., has been granted a reduction in assessed valuation for the tax year 2004 by the Tax Court of New Jersey on Block 44, Lot 13.01, known as 791 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2004 in the amount of $4,690.44; 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 $4,690.44 to Church Alive, Inc.

(3) Refund Remaining Escrow for Block 86, Lot 38, to Robert and Karen Novotny—$770.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Robert and Karen Novotny for Block 86, Lot 38, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $229.50 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 Robert and Karen Novotny, 4 Cypress Place, Randolph, NJ 07869.

(4) Refund Remaining Escrow for Block 78, Lot 5, to Candido Orama—$757.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Candido Orama for Block 78, Lot 5, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $243.00 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 $757.00 be refunded to Candido Orama, 305 Quaker Church Road, Randolph, NJ 07869.

(5) Refund Remaining Escrow for Block 86, Lot 49, to Dennis and Linda Zeglin—$797.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Dennis and Linda Zeglin for Block 86, Lot 49, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $202.50 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 Dennis and Linda Zeglin, 8 Birchwood Road, Randolph, NJ 07869.

(6) Refund Remaining Escrow for Block 81, Lot 29, to Scott Ramirez—$811.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Scott Ramirez for Block 81, Lot 29, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $189.00 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 Scott Ramirez, 28 Wilkeshire Boulevard, Randolph, NJ 07869.

(7) Refund Remaining Escrow Funds for Block 116, Lot 39, to Renita Holtz—$757.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Renita Holtz for Block 116, Lot 39, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $243.00 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 $757.00 be refunded to Renita Holtz, 10 Oak Lane, Randolph, NJ 07869.

(8) Refund Escrow for Block 83, Lot 21, to Raymond Blanchfield—$784.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Raymond Blanchfield for Block 83, Lot 21, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $216.00 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 Raymond Blanchfield, 124 Millbrook Avenue, Randolph, NJ 07869.

(9) Refund Escrow Funds for Block 116, Lot 14, to Robert Bracken—$406.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Robert Bracken (Wynfield Corp.) for Block 116, Lot 14, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $594.00 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 $406.00 be refunded to Robert Bracken, P.O. Box 188, Hamburg, NJ 07419.

(10) Refund Escrow Funds for Block 215, Lot 49, to David Glasser—$797.50

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WHEREAS, the Planning and Zoning Department received escrow funds from David Glasser for Block 215, Lot 49, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $202.50 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 Glasser, 19 Tulip Lane, Randolph, NJ 07869.

(11) Refund Water Overpayment for 16 Twin Park Drive—$460.59

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WHEREAS, Bernard and Carol Jerris, 16 Twin Park Drive, Mendham, paid an estimated third quarter water bill; and

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

WHEREAS, based on the actual reading, Mr. and Mrs. Jerris overpaid their third quarter water bill in the amount of $460.59; and

WHEREAS, Mr. and Mrs. Jerris have requested a refund in the amount of $460.59.

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 $460.59 to Mr. and Mrs. Jerris, P.O. Box 388, Brookside, NJ 07926.

(12) Cancellation of Unexpended Capital Improvement Project Balances

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WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances.

Ord. #ProjectAmountCancelled To
22-99Denbrook Pump Station$ 7,660.01Capital Surplus
37-01AMR—Phase II$ 6,923.33Capital Improvement Fund
24-02Acq. of Land for Municipal Purposes$68,293.12Res. to Pay Debt Service
42-02Repair/Renovations to Town Hall$ 65.84Capital Improvement Fund
46-02Shongum Road Water Line Extension$10,729.50Capital Improvement Fund
11-03Fire Chief’s Vehicle$ 5,392.00Capital Improvement Fund
19-04Various Capital Improvements$47,363.30Capital Improvement Fund
30-04Various Capital Improvements$ 610.00Capital Improvement Fund
28-05Various Capital Improvements$ 6,431.17Res. To Pay Debt Service

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the unexpended and dedicated balances of the above mentioned General Capital Projects be cancelled.

(13) Cancellation of Unexpended Grant Funds for 2005 for Municipal Alliance and Child Passenger Safety

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

GRANTCANCEL
RECEIVABLE
BALANCE
CANCEL
RESERVE
BALANCE
2005 Municipal Alliance$2.80$2.80
2005 Child Passenger Safety$1,219.04$1,219.04

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

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

(14) Release Escrow Funds for Block 103, Lot 16, to Gail Fatum—$682.75

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WHEREAS, the Planning and Zoning Department received escrow funds from Gail Fatum for Escrow Account #16878, Block 103, Lot 16, in the amount of $1000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $317.25 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 $682.75 be refunded to Gail Fatum, 24 Wantage School Road, Wantage, NJ 07461.

(15) Release Escrow Funds for Block 103, Lot 15, to Gail Fatum—$682.75

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WHEREAS, the Planning and Zoning Department received escrow funds from Gail Fatum for Escrow Account #16877, Block 103, Lot 15, in the amount of $1000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $317.25 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 $682.75 be refunded to Gail Fatum, 24 Wantage School Road, Wantage, NJ 07461.

(16) Release Escrow Funds for Block 103, Lot 14, to Gail Fatum—$682.75

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WHEREAS, the Planning and Zoning Department received escrow funds from Gail Fatum for Escrow Account #16876, Block 103, Lot 14, in the amount of $1000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $317.25 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 $682.75 be refunded to Gail Fatum, 24 Wantage School Road, Wantage, NJ 07461.

(17) Release Escrow Funds for Block 103, Lot 13, to Gail Fatum—$862.75

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WHEREAS, the Planning and Zoning Department received escrow funds from Gail Fatum for Escrow Account #16875, Block 103, Lot 13, in the amount of $1000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $317.25 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 $682.75 be refunded to Gail Fatum, 24 Wantage School Road, Wantage, NJ 07461.

(18) Refund Pool Filling Fee and Hydrant Meter Deposit to Brian Abrams—$450.00

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WHEREAS, on October 6, 2006, the Engineering Department received and deposited with the Finance Department two checks totaling the amount of $475.00 representing $375.00 for a pool filling fee and $100.00 hydrant meter deposit for 7 Champlain Court, Block 42.04, Lot 8; and

WHEREAS, the homeowner is requesting a refund because he was unable to use the service.

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 $475.00 be refunded to Brian S. Abrams, 7 Champlain Court, Randolph, NJ 07869.

(19) Credit Overpayment of 2006 Taxes for Block 42, Lot 118, to Demarco/High Grade Beverage—$9,358.81

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WHEREAS, Block 42, Lot 118, known as Demarco/High Grade Beverage, was assessed in the 2006 Tax List for a total of $3,848,200.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $3,517,500.00 from $3,848,200.00 for 2006 and the judgment was not received until after the close of the 2006 book, which will result in an overpayment of $9,358.81.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 42, Lot 118, in the amount of $9,358.81 to adjust for the over-assessment of $330,700.00.

(20) Refund Payment Made in Error for 2006 Taxes for 22 Chestnut Hill Road to LSI Tax Services—$1,972.08

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WHEREAS, LSI Tax Services has paid 2006 taxes in error to the Township of Randolph in the amount of $1,972.08. The payment belongs to 22 Chestnut Hill Road in the Township of Dover; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,972.08 to LSI Tax Services.

(21) Refund Road Opening Cash Bond for Block 27, Lot 60, to Osvaldo Orama—$300.00

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WHEREAS, on September 21, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of connecting to the water system for 2 Seneca Trail, Block 27, Lot 60; and

WHEREAS, the road opening has been repaired, inspected, and found to be acceptable.

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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Mr. Osvaldo Orama of 2 Seneca Trail, Randolph, NJ 07869.

B. Approve Budget Amendment for Recycling Tonnage Grant—Added Revenue Item for 2006—$27,874.90

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WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget.

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $27,874.90 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Recycling Tonnage Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $27,874.90 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public and Private Programs Offset by Revenues:
State of New Jersey—Recycling Tonnage Grant

C. Recognizing September 2006 Trail Map as Being Reflective of Trail System in Accordance with Randolph Township Ordinance #63-00

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WHEREAS, Randolph Township Ordinance 63-00, adopted on November 2, 2000, governs the use of Randolph Township Trails; and

WHEREAS, Section 34-80 entitled Designated Trails states:

“The trails governed by this article are depicted on the Randolph Trail System Map ... The Township Council, by resolution, shall modify the trail system map at such times that trails are added to or removed from the system.”

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in Morris County, New Jersey, that the Trail map printed in September 2006 shall now reflect the trail system, as governed by the ordinance 63-00.

BE IT FURTHER RESOLVED that a copy of said map shall be maintained with this resolution in the office of the Township Clerk and transmitted with a certified copy of the resolution to the Chief of Police.

D. Approving the Bylaws of the North Jersey Municipal Employee Benefits Fund

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WHEREAS, the Township of Randolph, a member of the North Jersey Municipal Employees Benefits Fund, hereinafter the “FUND”; and

WHEREAS, recent changes in the state regulations and Fund practices require the FUND’s bylaws to be revised; and

WHEREAS, after a public hearing conducted on September 22, 2006, the Board of Commissioners of the FUND recommends revised bylaws to the membership; and

WHEREAS, these revised bylaws must be ratified by at least three fourths of the members before they can become effective.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Township of Randolph that the revised bylaws are hereby ratified.

E. Support Assembly Bill A-3563 Insurance Coverage for Police/Towns Serving on Task Force

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WHEREAS, Assembly Bill No. 3563 would provide a municipal or county law enforcement officer assigned to a task force under the auspices of a county prosecutor or the State of New Jersey with a defense or indemnification; and

WHEREAS, currently the State Attorney General does not provide for the defense of any action brought against a county or municipal law enforcement officer on account of an act or omission arising out of the officer’s lawful exercise of police powers while assigned to and acting under the supervision of the county prosecutor or the State law enforcement officer or agency; and

WHEREAS, Assembly No. 3563 would require the Attorney General to defend local law enforcement officers who are subject to a legal action arising out of the lawful exercise of their police powers; and

WHEREAS, the Township Council of the Township of Randolph feels that the adoption of Assembly No. 3563 is an appropriate action in view of the fact that the coordination of law enforcement activities is an important regional undertaking in which county, municipal and/or State law enforcement officers and agencies must cooperate and work together for the public good.

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

1. In support of Assembly No. 3563, which would provide municipal and county law enforcement officers with a defense and indemnification wherever they are subject to a legal action arising out of the lawful exercise of their police powers while assigned to a task force under the auspices of a county prosecutor or under the supervision of a State law enforcement officer or agency.

2. That the Senators of the Morris County Legislative Delegation immediately introduce an identical measure in the State Senate to effectuate the same purpose and intent of Assembly No. 3563.

3. That a certified copy of this resolution shall be transmitted to the Governor, the Speaker of the General Assembly, the President of the State Senate, members of the Morris County Legislative Delegation, the Morris County Board of Chosen Freeholders, Michael M. Rubbinaccio, Morris County Prosecutor, the Executive Director and General Council to the Morris County Joint Insurance Fund and all Morris County municipalities.

F. Requesting the RVRSA to Review and Amend Sewer Service Boundary

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WHEREAS, the Township of Randolph established and approved a Sewer Service Area Map (map) on June 3, 1999; and

WHEREAS, one of the purposed of the map was to identify sewer service areas within the Rockaway River drainage basin served by the Rockaway Valley Regional Sewerage Authority (RVRSA); and

WHEREAS, as a result of establishing the map, it was recognized that the sewer service boundary in western Randolph followed Canfield Avenue, as opposed to the ridge line for the Rockaway River drainage basin; and

WHEREAS, in 1999 the Township of Randolph petitioned the RVRSA to amend the RVRSA’s Wastewater Management Plan so as to incorporate lots fronting Canfield Avenue, bisected by the ridge line so as to be included in the sewer service area; and

WHEREAS, this petition was not successful; and

WHEREAS, Jim Salerno, one of the Canfield Avenue property owners impacted by the boundary issue, has requested that the Township of Randolph enlist the efforts of the RVRSA to re-open and pursue this issue; and

WHEREAS, the Township Council discussed the matter at a public hearing on October 26, 2006.

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

1. The Township of Randolph petitions RVRSA to restudy the issue of incorporating Randolph Tax Map, Block 19 and Lot 2, also known as 1005 Route 10 East into the sewer service area for the RVRSA.

2. While the Township supports this initiative, no expenditure of Randolph municipal funds shall be authorized to undertake studies in furtherance of this issue.

3. Should the RVRSA successfully achieve an amendment to its Wastewater Management Plan on behalf of Block 19 and Lot 2, the Township of Randolph stands ready to modify its Sewer Service Area Map accordingly.

BE IT FINALLY RESOLVED that copies of this resolution shall be provided to the RVRSA Executive Director Ed Ho.

G. Raffles

(1) Casino Night—The Disabled Advocates Working for Northwest—December 2, 2006—7:00 p.m. to 11:00 p.m.—Skylands at Randolph, 792 Route 10, Randolph, NJ

COUNCIL COMMENTS

There were no Council comments.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that, in regards to legal advertising on the internet, residents have free access to computers and the internet at the library.

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 this meeting.

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

a. Arrowgate Village v. Randolph Township

b. Route 10 Realty

c. Township of Randolph v. Gary Grey Trucking

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.

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

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

NAYS: Councilman Manning

ABSENT: Councilwoman Mitsch

Councilwoman Price made a motion to move out of Executive Session. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

RECONVENE

Councilman Manning made a motion to adopt a resolution pertaining to a tax appeal by Arrowgate Village. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

WHEREAS, Arrowgate Village, the owner of the property located at Block 42, Lot 122.03 on the official tax maps of the Township of Randolph, also known as 950 Route 10, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2005 and 2006; and

WHEREAS, the property owner and the Township of Randolph have agreed to no reduction in the assessment for tax year 2005; 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 $2,052,000.00; and

WHEREAS, the property owner has further agreed to waiver pre-judgment interest due on any refunds due as a result of the proposed settlement for tax years 2005 and 2006; 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 $7,018.40.

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 of the subject property, located at Block 42, Lot 122.03, 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 $2,052,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $7,018.40 to the property owner, said refund being attributable to the reduction in the assessment for the 2006 tax year.

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

ADJOURNMENT

The Mayor adjourned the meeting at 9:05 p.m.

Donna Marie Luciani
Township Clerk