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 30, 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 (arrived 8:10 p.m.)
Councilwoman Mitsch (arrived 8:45 p.m.)
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

ABSENT: Councilman Napoliello

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

Mayor Algeier led the Pledge of Allegiance.

PRESENTATION—Donation Check to Randolph Animal

Assistant Health Officer Mark Caputo announced that students from Randolph High School raised $4,000.00 through their Spirit Week activities that they wished to donate to the Randolph Pound.

COUNCIL AND MANAGER REPORTS

Councilwoman Price obtained a list of community services offered by St. Clare’s Hospital and believes some would be a nice fit for our senior programs. The list will be forwarded to Mark Caputo and our senior program coordinator.

Councilman Huston noted that the Manager evaluation is underway. Forms have been distributed and they should be filled out and returned as soon as possible. The Councilman attended the dedication for the third Habitat for Humanity House in Randolph and spoke briefly on behalf of the town and welcomed the new owners. Councilman Huston attended a MAC Committee meeting and noted that Officer Ed Shivas, who works with the Community RAP Program, showed a lot of initiative by arranging to have a hockey player from the New Jersey Devils attend one of their get-togethers. It was such a successful event that he is now trying to get members of the Rutgers football team to attend an event. The MAC Committee reported that the state has disallowed one of their programs, called Specter, which helps children deal with traumatic events in their lives. Immediately after hearing the news from the state, two people in charge of MAC did some additional work and got the program reinstated as an expansion of the STEP Parenting program. He also reported that the MAC program is still looking for volunteers. The Councilman recognized Lee Whilden in the audience and noted that she was the first woman Mayor in Randolph. Mrs. Whilden has requested the Council recognize a volunteer at the Historical Society.

Mayor Algeier recognized and welcomed Ed Metz, one of the new Councilman-elects, to the meeting and table.

Deputy Mayor Obremski attended a Traffic Advisory Committee meeting where the results of Traffic Safety Month were discussed. He also noted that Randolph’s Traffic Safety Bureau was awarded the Education Award in recognition of contributions to traffic safety education.

Mayor Algeier announced that Township Attorney Ed Buzak and our professional planner Robert Michaels were chosen to be panelists at a discussion among municipal professionals on COAH and he thanked them for their services to Randolph. He also announced that Randolph has again been successful in a funding application before the Morris County Open Space Committee.

Manager Lovell reminded the Council of the Volunteer Recognition Ceremony on December 7 at 5:30 p.m. He also announced that on December 14 at 8:00 a.m. the Raritans Highland Compact will be meeting in Town Hall with a group from the Highlands Council to present their Master Plan. There will be a budget meeting on December 14 at 10:00 a.m. where a few staff members will be on hand to give an update on where we are. Randolph has received a grant to repave a major portion of Morris Turnpike. Manager Lovell has been in regular contact with the Department of Transportation regarding the improvements to Sussex Turnpike and has learned that the project will concentrate on intersection improvements.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, is requesting the Council issue a proclamation in honor of a volunteer on the Historical Society.

Manager Lovell stated that he contacted two active members of the Historical Society to seek their input.

Judith Stewart, 114 Everdale Road, commended the work of Randolph’s Animal Control Officer, Norma Jacobs. She also reported on some of the on-going work the Community Services Committee is performing for residents. Mrs. Stewart also reported that the Earth Sciences class at the high school debated the issues concerning the Highlands legislation.

Deputy Mayor Obremski noted that he was not going to be participating in the following discussion due to a conflict of interest.

Residents from 53 Mac Spar Drive, 11 Dover Chester Road, 30 Mac Spar Drive, and 51 Mac Spar Drive spoke to the Council of their concerns regarding construction at the Mt. Fern Methodist Church, which included insufficient and unsatisfactory buffers and increased noise and light pollution. The residents expressed the opinion that their land values have decreased and their quality of life in their homes has decreased as well.

Manager Lovell responded that he has visited the site several times and noted three issues that have an impact: the testimony by the applicant’s landscape architect, the approved landscape plan, and the resolution approval which refers to the testimony. Clough Harbour, who approved the landscape plan, inspected the site and believes they can request additional evergreens, specifically Norway Spruce, be placed at the site. The Manager has also asked the attorney for the Board of Adjustment to determine Randolph’s position regarding arguing landscape issues beyond the additional evergreens. He will keep the Council informed of the situation as it unfolds.

Adam Zyto, 18 Alpine Drive, asked if the Pool Committee would be making available to the public all of their documents, findings, recommendations, studies, etc., at the December 7 presentation. He also asked what the procedure will be following the presentation for the public to ask questions regarding the pool.

Mayor Algeier responded that on December 7 the Pool Committee will present their full report and that the Council will be hearing and seeing the report for the first time as well as the public at that meeting. The consultant will be there and there will most likely be Council discussion of how Randolph will move forward at that point.

Manager Lovell noted that two copies of the entire report will be placed at the Library within 24 hours of the meeting.

Mayor Algeier asked Mr. Zyto if he still planned on videotaping the December 7 meeting.

Mr. Zyto responded that he was intending to do so.

Nancie Ludwig, 14 Lookout Road, requested the Council put the pool issue on a referendum.

Doug Bratman, 2 Winchester Terrace, stated that he shares Mr. Zyto’s and Mrs. Ludwig’s concerns regarding the pool being self-sustaining and also requested that it be placed on a referendum.

Julie Hooper, 71 Everdale Road, noted that the town of Alpha has a pool and they are $40,000.00 in debt this year and suggested the Manager speak to them.

Manager Lovell stated that the Council should not be expected to make any decision at the December 7 meeting since they will be seeing the information for the first time that evening. The report will be available at the Library for review, and a summary document will be placed on the town’s web site. He stated that the funding mechanism for the pool will be done by ordinance and that there will be opportunities for the public to come forward and give input at both the budget process of the capital improvement program or when the ordinance process starts. The Manager has been assured by John Van Brunt and several of the pool committee members that they will be available to answer questions from the public.

Hearing no further comments, the Mayor closed the public portion of the meeting.

SOIL MOVEMENT APPLICATION HEARING

John Hanson from Ferraro Engineering in Chester is requesting a soil movement permit in order to move 13,000 cubic yards of soil onto the site at Block 18.01, Lot 1.04. He reported that they expect to import 4,000 cubic yards from a site across the street from their site, and another 9,000 cubic yards will be brought in from Lake Hopatcong by Tilcon, who will be supervising the operation.

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

Manager Lovell stated that the standard resolution regarding soil movement activity is being used.

Mayor Algeier suggested adding a provision stating that at no time will traffic on Middlebury Boulevard be cut off from access.

Mr. Hansen was agreeable to the provision being included in the resolution.

Councilwoman Mitsch made a motion to adopt the resolution as amended. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

R _____

WHEREAS, SEA Middlebury, LLC, (the “Applicant”) has submitted to the Township of Randolph (the “Township”) an application for a soil movement permit involving the movement of soil of Lot 1.04, Block 18, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on 8 Middlebury Boulevard, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately thirteen thousand (13,000) cubic yards of soil will be imported to the site; and

WHEREAS, the soil movement application was submitted in conjunction with an application before the Planning Board of the Township of Randolph (the “Board”) for preliminary and final major site plan approval and certain “C” variances, and certain design waivers, along with other approvals related to the development of the property; and

WHEREAS, by resolution adopted by the Board on November 7, 2005, the Board approved said application for preliminary and final major site plan approval, and certain “C” variances, and Certain Design Waivers Approval, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by that same resolution, the Board recommended that the Township Council of the Township of Randolph (the “Township Council”) approve the soil movement application submitted by the Applicant; and

WHEREAS, this 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 property owners within 200 feet of the property of a public hearing to be held on November 30, 2006, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on November 30, 2006, as provided in the notice to appropriate property owners; and

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

WHEREAS, the Township has considered the 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 uses 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 as follows:

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

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

(a) The import 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 9:00 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 and no top soil is to be removed from the site.

(d) Ingress or egress for vehicles involved in the soil movement activity will be only through Middlebury Boulevard.

(e) The Applicant shall insure that the vehicles used to import soil shall follow Middlebury Boulevard to Canfield Avenue to Route 10 or Route 46.

(f) 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. No truck vehicles on public roads.

(g) 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.

(h) At no point shall traffic on Middlebury Boulevard be prohibited access to Middlebury Boulevard.

(i) A cash bond in the amount of twenty-five thousand ($25,000.00) 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 cover the repairs of any damage done to Middlebury Boulevard as a result of the soil movement operation.

(j) The applicant shall comply with all conditions imposed by the Planning Board as stated in their resolution of November 7, 2005, as well as all ordinances including, but not limited to, Section 15-47, et. seq.

(k) 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 November 7, 2005.

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.

COMBINED ACTION ITEMS

Manager Lovell explained Item B and gave a brief history of activity at the property.

Councilman Huston stated that he is not going to vote for Item B and would like that item to be separated out. It is his opinion that this is a misuse of the program.

Deputy Mayor Obremski made a motion to approve Combined Action Item B. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Manning
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Huston

ABSENT: Councilman Napoliello

Deputy Mayor Obremski made a motion to approve Combined Action Items C and D. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

A. Approve Soil Movement Application—SEA Middlebury, LLC

R _____

Acted on separately.

B. Request to Subordinate CDBG Lien/New Mortgage at 65 Everdale Road

R _____

WHEREAS, the Morris County Community Development Office had funded improvements at 65 Everdale Road, Block 146, Lot 64, belonging to John and Angela Conklin, with certain provisions, bringing about a lien; and

WHEREAS, the Township of Randolph agrees to enter into a subordination agreement with Agency Mortgage Corporation whereby the loan granted to the Conklins by Agency Mortgage Corporation will supersede the mortgage and debt owed by them to Randolph Township; and

WHEREAS, after reviewing the information provided by Universal Real Estate Services, located at 201 Maple Avenue, Clifton, New Jersey, it has been determined by the Township that the Conklins will retain more than sufficient equity in their home and the subordination will not threaten the integrity of the grant; and

WHEREAS, by executing this Agreement, the Township will not be reduced to less than a second mortgage position.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the Subordination Agreement with Agency Mortgage Corporation.

C. Authorizing a Contract with Advanced Recovery, Inc., for the Disposal of Old Computer Equipment Owned by the Township of Randolph

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WHEREAS, pursuant to N.J.S.A. 40A:11-4, every contract awarded by a municipality for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold ($21,000.00) shall be awarded only by resolution of the governing body to the lowest responsible bidder after public advertising for bids and bidding therefor; and

WHEREAS, the Township of Randolph (“Township”) owns old computer equipment that is no longer of use to the Township and therefore must be discarded; and

WHEREAS, the Township obtained a quote from Gordon F. Scott of Advanced Recovery, Inc., located at 223 Verona Avenue, Newark, New Jersey, 07104, for the proper disposal, including appropriate recycling, of the old computer equipment in the estimated total amount of six hundred dollars ($600.00); and

WHEREAS, the estimated total cost of the contract is not anticipated to exceed the bid threshold and therefore the Township may award the contract without advertising for bids; and

WHEREAS, the Township desires to authorize a contract with Advanced Recovery, Inc., for the proper disposal of old computer equipment owned by 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 hereby authorizes the contract with Advanced Recovery, Inc., located at 223 Verona Avenue, Newark, New Jersey, 07104, for the estimated total amount of six hundred dollars ($600.00), in any event not to exceed two thousand dollars ($2,000.00) for the proper disposal of old computer equipment owned by the Township.

2. The proper Township officials, its attorney and Manager are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This resolution shall take effect immediately.

D. Raffle, Tricky Tray and Off-Premise 50/50, Aspen Ice Figure Skating Club, December 30, 2006, 16 Aspen Drive, Randolph, NJ, 8:30 a.m. to 5:30 p.m.

DISCUSSION ITEMS

2006 Leaf Collection Program

Manager Lovell invited Bill Kerwick, Mark Caputo, and Police Chief Kazaba to provide Council with an update on how the leaf program is going this year. It seems there has been compliance from many landscapers, although there are exceptions in the Shongum area and areas north of Route 10. One point that residents bring up is that they feel this is a dual standard and this is causing anger and frustration. Another issue is that Randolph is still not in compliance with the DEP regulations for storm water. Should the DEP decide to select Randolph as a model town, it is possible that hefty fines could be levied.

Bill Kerwick provided a history of the leaf collection over the last several years and how those numbers relate to this year’s numbers. He noted that they are ahead of schedule regarding leaf pick-up. Mr. Kerwick believes the ratio of compliance of homeowners and landscapers is about 50/50. He has noticed that more homeowners are bagging their leaves. He agrees with the Manager that Randolph is not in compliance with storm water regulations and that could create problems.

Manager Lovell expressed to the Council that they have not been issuing summonses to homeowners, but rather using this year as an education year.

Councilman Huston suggested additional signage, especially in areas that are not complying with the new regulations.

Manager Lovell stated that once the final numbers are in, he will come back to the Council and talk about the program again. Better compliance will probably mean issuing more summonses, which he would not like to see happen. The ordinance is well written and is as clear as possible.

Request to Videotape December 7 Pool Presentation

Mayor Algeier asked Mr. Zyto if he had a chance to look over the proposed guidelines for videotaping the December 7 meeting.

Mr. Zyto responded that he had.

Mayor Algeier noted that when the Manager mentioned Mr. Zyto was interested in taping the meeting, he asked the Township Attorney to give an opinion letter as to how that should occur and some guidelines for videotaping a meeting. The list provided are some guidelines the Mayor proposed as a first step, and he provided a summary of the proposed guidelines and requirements.

There was quite a bit of Council discussion on the guidelines focusing on the use of a single camera, not taping any member of the audience, what constitutes an official record of the meeting, proper storage and showing of the videotape, and first amendment issues.

Mayor Algeier stressed that it was his intent to establish guidelines for videotaping. If the Council is not comfortable with the guidelines he offered, he suggests not adopting them and then deciding on whether or not to allow videotaping.

Township Attorney stated for the record that these guidelines were not unconstitutional.

The Mayor opened the meeting to the public for comment.

Mr. Zyto provided his background as emigrating from Poland in 1961 where they did not have the benefit of attending Council meetings and decisions were made behind closed doors. It is his opinion that the guidelines are too restrictive, they don’t make sense, and he is disappointed. He wants to make a copy of the meeting for personal reasons and has no intention of using it as a official document.

Judith Stewart, 114 Everdale Road, suggested having all meetings videotaped under Council’s control and making copies available to the public.

Lee Whilden, 82 Radtke Road, noted that she sympathizes with Mr. Zyto and feels he was very open in coming and asking permission to videotape the meeting. She agrees with Mrs. Stewart’s suggestion.

The public portion of the meeting was closed.

It was decided to not adopt the guidelines and deal with a videotaping issue at the December 7 meeting if it should occur.

Cell Tower/Wireless Communication Ordinance

Manager Lovell updated the Council that the ordinance is in final draft form, it will be distributed to them next week, and be on a January agenda for discussion and introduction. It has incorporated the concerns of the Council as well as the Board of Adjustment.

Facilitating the Provision on Affordable Housing

Manager Lovell noted his goal is to get this growth share ordinance ready for introduction in January.

COAH Petition for Substantive Certification

Manager Lovell noted there will be a meeting at Mr. Buzak’s office on December 7 between him, Mr. Buzak, Robert Michaels, Darren Carney, and Councilman Napoliello.

Upgrades to Facilities

Manager Lovell stated that improvements need to be made to a number of facilities and it is his sense that an architect will need to be hired to assist with the evaluations of these facilities and how to best achieve the improvements. The facilities needing improvements or repairs include the VFW building, the Senior Citizens Center/Recreation Center, the animal shelter, and the court room in Town Hall. He would like to create a committee of Council members to work with his staff on determining priorities.

REVIEW OF DECEMBER 7 AGENDA

The Manager presented an overview of the proposed agenda.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, noted that as a single citizen and observer of the town, she does not need permission from the Historical Society to request a volunteer be recognized by proclamation.

Scott Dickerson, 25-27 Dickerson Street, Dover, asked if the SEA Middlebury soil movement permit was granted.

Manager Lovell noted that it was approved.

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. Mal Brothers v. Township of Randolph
b. Canfield Mews Associates v. Township of Randolph

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

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

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

AYES:
Councilman Huston
Councilwoman Mitsch
Councilwoman Price
Mayor Algeier

NAYS:
Councilman Manning
Deputy Mayor Obremski

ABSENT: Councilman Napoliello

RECONVENE

(A) Mal Brothers v. Township of Randolph

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Deputy Mayor Obremski made a motion to approve the first resolution. Councilman Manning seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

WHEREAS, Mal Brothers, the owner of the property located at Block 188, Lot 3, on the official tax maps of the Township of Randolph, also known as 29 Reed Street, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 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 $7,616,300.00 to a total assessment of $7,400,000.00; and

WHEREAS, the property owner has further agreed to waive 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 $6,700,000.00; 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 years 2006 and 2007 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2006 of $6,121.30.

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 188, Lot 3, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $7,616,300.00 to a total assessment of $7,400,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $6,121.30 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 $6,700,000.00.

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

(B) Canfield Mews Associates v. Township of Randolph

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Councilwoman Mitsch made a motion to approve the resolution. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Manning

ABSENT: Councilman Napoliello

WHEREAS, Canfield Mews Associates LLC, the owner of property located at Block 42, Lot 1, on the official tax maps of the Township of Randolph, also known as 184 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 2005 and 2006; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2005 from a total assessment of $13,400,000.00 to a total assessment of $11,480,900; 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 $13,440,00.00 to a total assessment of $9,942,000.00; and

WHEREAS, the property owner has further agreed to waive pre-judgment interest 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 years 2005 and 2006 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2005 of $52,699.00; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2006 of $98,993.40; and

WHEREAS, the property owner and the Township of Randolph have agreed to apply the appropriate credit toward future taxes owed on the property representing the tax refund attributable to the reduction in the assessment for the 2006 tax year.

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 42, Lot 1, on the official tax maps of the Township of Randolph shall be reduced for tax year 2005 from a total assessment of $13,440,000.00 to a total assessment of $11,480,900.00.

2. The tax assessment on the subject property located at Block 42, Lot 1, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $13,440,000.00 to a total assessment of $9,942,000.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $52,699.70 to the property owner, said refund being attributable to the reduction in the assessment for the 2005 tax year.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $98,993.40 to the property owner, said refund being attributable to the reduction in the assessment for the 2006 tax year and to be applied as a credit toward future taxes owed on the property.

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

Councilwoman Price offered to make a motion, pending review of Randolph’s videotaping policy, to allow Mr. Zyto to videotape the meeting on December 7 so long as it is not disruptive to the meeting, is not a substitute for the permanent record, there is no videotaping of the public, and the tape is restricted to his own personal use.

Councilman Manning seconded the motion.

Mayor Algeier asked for the Township Attorney’s comments.

Township Attorney Buzak suggested that consideration be given to modifying the motion to not name a particular person but to just allow a single individual.

Councilwoman Price amended her motion following the attorney’s suggestion and noting that it only applies to the meeting on December 7, 2006, and not to future meetings. Councilman Manning seconded the motion.

Mayor Algeier made a motion for an amendment that the Council be provided with a copy of the tape within 72 hours of the meeting. Councilwoman Mitsch seconded the motion.

Attorney Buzak noted that if Randolph is provided a copy of the tape, it becomes a public record under the Open Public Records Act, meaning there are no limitations on their ability to use that document however they choose.

Mayor Algeier withdrew his motion for an amendment.

The motion as stated by Councilwoman Price was voted on by the following roll call vote:

AYES:
Councilman Manning
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Huston

ABSENT: Councilman Napoliello

ADJOURNMENT

The Mayor adjourned the meeting at 10:45 p.m.

Donna Marie Luciani
Township Clerk