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: October 30, 2008

A work session of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

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

ABSENT: Councilwoman Price

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

Mayor Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES: Regular Meeting Minutes for September 25, 2008 and October 7, 2008; Executive Minutes for September 25, 2008

Approval of Council Meeting minutes was tabled to November 13, 2008.

OPEN TO PUBLIC

Connie Stroh, 19 Dogwood Trail, expressed concern about the intersection of Dover-Chester Road and Route 10. She has also brought this issue to the Traffic Safety Advisory Committee.

Councilman Obremski responded that the problems with the intersection are well known to the Traffic Advisory Committee. The intersection is a state intersection and so Randolph is unable to make changes from either a local or county standpoint. A sub-committee has been formed in an effort to develop some alternatives that could be presented to the state.

Judith Stewart, 114 Everdale Road, asked the Council to try to get a drive-up mailbox at the new Mt. Freedom Post Office. She also expressed concern about drivers entering the parking lot at the new post office through the exit only driveway.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that the software program for the traffic simulator under consideration for purchase by the Traffic Advisory Committee was presented at their meeting. The Committee will be submitting comments over the next couple of weeks and discussing the issue at their next meeting.

Councilman Algeier reported that he attended a Safety Committee Meeting. He distributed to the Council a CD dealing with defensive driving and urged them to take a look at them. The CD will be distributed to township employees who operate township vehicles. The Committee reviewed a positive report from a consultant who inspects all of the township facilities. The Councilman attended the 7th annual Preparedness Conference where a new program was unveiled dealing with a private/public partnership to establish and locate resources within the private sector for homeland security-type emergencies. Morris County will be the pilot county for this new program. The Councilman distributed information concerning this new program to attendees of the EDC annual awards dinner, and he also plans to work with the Township Manager to develop a system whereby information can be disbursed to local businesses to encourage their participation in the program.

Deputy Mayor Metz attended a communications meeting for the Quarterly Newsletter which will highlight the recent Country Fair and inform residents of garbage collection dates after holidays. The Landmarks Committee is pleased with the way the Liberty Tree has been trimmed. The MAC Committee is very busy and has sponsored several successful programs during the year.

Mayor Napoliello congratulated the Township Manager and road staff for a job well done clearing the roads after the recent snowstorm. Early in the year, the Mayor had asked the Environmental Commission for assistance regarding the leaf collection program. Although the Commission was unable to develop a better system for the collection of leaves, they did recommend the township assist residents who are unable to rake leaves and can not afford to hire a landscaper to do the job. In that effort, the Health Department will be working with residents who contact the township to see if they meet eligibility requirements for assistance.

Manager Lovell stated that the recent snowstorm caught the town by surprise, however the roads were cleared by 3:30 p.m. Unfortunately, many trees were damaged by the storm and crews are out cleaning up the debris. The Manager reported on a notice from the DEP concerning a restoration project at Brundage Park that has a deadline of November 15, 2008, and a cost of $120,000.00. This project is the result of a neighboring property owner impacting township wetlands. The funds must be raised in next year’s budget, and the Manager is requesting an extension to get the project completed.

Councilman Algeier asked whether any action is being taken against the neighboring property owner.

Manager Lovell responded that Randolph has begun a suit to cover the cost of cleaning up the site. The state is taking action against Randolph because Randolph owns the property that has been damaged. He asked the Council to grant permission to request the extension from the DEP.

Council expressed approval of the Manager requesting an extension from the DEP for the remediation of the impacted wetlands at Brundage Park.

STUDENT LIASION APPOINTMENT TO COMMITTEE

Councilman Algeier nominated Cameron Yeh to serve as a Student Member on the Community Services Advisory Committee. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

ABSENT: Councilwoman Price

A. Authorizing Rescission of a Portion of MCCPC Contract From SynaTek Due to Their Inability to Provide Fertilizers According to Contract Specifications

R-358-08

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on June 26, 2008, with SynaTek of Souderton, Pennsylvania, for Item #3 (25-3-8, 30% UFLODX, 1% FE, 50 lb. bag) in Category C (Fertilizers) of MCCPC Contract #42 (Landscaping Materials); and

WHEREAS, SynaTek notified the MCCPC that they are unable to provide Item #3 according to the contract specifications due to the materials being unavailable in the fertilizer; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind this portion of SynaTek’s initial contract award.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that SynaTek’s contract for Item #3 in Category C (Fertilizers) of MCCPC Contract #42 (Landscaping Materials) be rescinded as noted.

B. Authorizing an Award of MCCPC Contracts for the Purchase of Model Year 2009 Vehicles as Needed

R-359-08

WHEREAS, the Township of Randolph authorizes an award of five (5) contracts on behalf of the Morris County Cooperative Pricing Council (MCCPC); and

WHEREAS, bids have been advertised and received on September 18, 2008, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the following contracts:

Contract #15-A: Police Pursuit Vehicles (4 Categories)
Contract #15-B: Administrative Passenger Vehicles (5 Categories)
Contract #15-C: Utility Vehicles (14 Categories)
Contract #15-D: Dump Bodies (Categories 3, 4, 5, and 6 only)
Contract #15-E: Hybrid Vehicles (2 Categories)

*Note: Categories #1 and 2 of Contract #15-D (Dump Bodies) is excluded from the awards due to additional follow-up based upon A&K Equipment Company’s objections to the award of the low bidders. The award of Items #1 and #2 will be postponed until a later date.

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets dated October 2, 2008, are the lowest responsible bidders meeting the specifications for each contract and should be awarded as noted.

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

C. Reserve for Preliminary Expenses—DPW Facility Design—$100,000.00

R-360-08

WHEREAS, the Township Council of the Township of Randolph hereby acknowledges the requirement of preliminary costs to determine the scope and cost of a proposed undertaking. The purpose of these preliminary costs are for the Department of Public Work Facility Design and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the amount appropriated for preliminary costs shall not exceed $100,000.00 and the Finance Director is authorized to set up a reserve for preliminary expenses out of the Capital Improvement Fund.

D. Authorizing Award for Professional Services Agreement to Environmental Technology, Inc., to Provide the Environmental Services For Wetland Delineations for the DPW Yard—Not to Exceed $8,150.00

R-361-08

WHEREAS, the Township of Randolph has a need to acquire Environmental Technology, Inc., Chester, New Jersey, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, Environmental Technology, Inc., has indicated they will provide the environmental services for wetland delineations for the DPW yard for an amount not to exceed $8,150.00; and

WHEREAS, Environmental Technology, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Environmental Technology, Inc., has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Environmental Technology, Inc., from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Environmental Technology, Inc., as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILTY OF FUNDS

Dated: October 30, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in The Reserve for Preliminary Expenses—DPW Facility, to award a contract to Environmental Technology, Inc., for the Wetland Delineations for the DPW Facility not to exceed $8,150.00.

___________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Award for Professional Services Agreement to Jaman Engineering Associates to Provide the Property Survey and Minor Subdivision Work for the DPW Yard—Not to Exceed $17,700.00

R-362-08

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

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

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

WHEREAS, Jaman Engineering Associates has indicated they will provide the property survey and minor subdivision work for the DPW yard for an amount not to exceed $17,700.00; and

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Jaman Engineering Associates from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Jaman Engineering Associates as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 30, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in The Reserve for Preliminary Expenses—DPW Facility, to award a contract to Jaman Engineering Associates for Property Survey and Minor Subdivision Work at the DPW Facility in the amount not to exceed $17,700.00.

___________________________
Michael J. Soccio
Chief Financial Officer

DISCUSSION

A. Presentation of COAH Compliance—Robert Michaels

  • Impacts of Plan Conformance with the Highlands Regional Master Plan
  • Development Projection Adjustments for COAH Obligations

Mr. Michaels delivered a presentation to the Council, which included the following points:

  • He attempted to determine whether employing a vacant land adjustment for COAH regulations can result in lowering the low and moderate income housing obligation for the township
  • COAH obligations consist of three parts: a rehabilitation component, prior round obligation, and third round growth share obligation
  • The rehabilitation component consists of 34 units
  • The prior round obligation is 261 units
  • COAH published projections for new housing and new jobs in Randolph between 2004 and 2018 are 1,175 new homes and 2,170 new jobs
  • COAH ratio is one affordable house for every five residential houses and one affordable house for every 16 jobs produced in the community
  • Using those ratios and applying credits for rental units, Randolph’s obligation is 296 affordable units
  • He looked at various factors in the community to see whether those numbers could be adjusted downward to a more manageable level
  • He looked at the development activity that has taken place from 2004 to the present, which shows 80 COs issued
  • Reviewed vacant land in the community and determined the developability of them pursuant to COAH regulations
  • It is his determination that a vacant land adjustment will not yield any reduction in the affordable housing obligation pursuant to COAH regulations

Mr. Michaels also presented an analysis on the impacts of conformance to the Highlands Regional Master Plan to Randolph. His comments included:

  • Randolph is totally located within the Highlands (ten percent is in the preservation area and 90 percent is in the planning area)
  • Conformance with the Master Plan is required for the land within the preservation area
  • Conformance with the Master Plan is voluntary for land within the planning area
  • If the township submits an Intent to File for plan conformance, according to COAH regulations and other publications, that is a non-binding intent (a municipality can change their mind and rescind at a later date)
  • Once a community files the Intent to File, there is a 9-15 month timeframe required in order to go through the steps to establish plan conformance
  • He looked at the impacts of the land use capabilities map for the community
  • Existing Community Zone are areas that are already developed
  • Protection Zones are areas of critical habitat having limited or no capacity to support human development without adversely affecting the overall ecological function of the Highlands region
  • Existing Community Constrained Zones have high resource value and limited or no capacity for on-site human development without adversely affecting ecological value in the Highlands region
  • Protection zones and existing community constrained zones offer little opportunity for development
  • Existing community zone is an area where concentration of development is encouraged, especially where sewer service is available
  • Governor Corzine signed an Executive Order in September which adopted the Highlands Regional Master Plan and calling for COAH and the Highlands to develop a Memorandum of Understanding
  • That MOU was published, endorsed and adopted by COAH, and adoption by the Highlands is expected shortly
  • The MOU states that the Highlands Council shall review COAH’s third round growth projections for consistency with the Highlands Regional Master Plan and assist COAH in developing adjusted growth projections within the Highlands region consistent with the Regional Master Plan to be utilized by municipalities conforming to the Regional Master Plan
  • The MOU states that the Highlands Council shall prepare adjusted growth projections for the fair share period from 2004 to 2018 to the development of a build-out analysis at a municipal scale for conforming municipalities consistent with the Regional Master Plan
  • The MOU states that COAH shall ensure that any of the 88 municipalities in the Highlands region under COAH’s jurisdiction that choose to conform to the Regional Maser Plan utilize the adjusted growth projection prepared by the Highlands in the development of the housing elements and fair share plans
  • The MOU states that COAH shall ensure that municipalities that choose not to conform to the Regional Master Plan for the planning area may not utilize the adjusted growth projections prepared by the Highlands in the development of housing and fair share plans
  • Communities that intend to conform will have the deadline for preparing their housing elements extended to December 8, 2009, rather than December 31, 2008

Councilman Algeier asked about the scarce resource order.

Mr. Michaels responded that the MOU states that if a community intends to comply, any development has to be examined and priority is given to development that would include low and moderate income housing. It is his understanding that this will apply to both those communities conforming or not.

Questions and comments from the Council included:

  • Even if Randolph is not a part of the Highlands, all development applications are reviewed by the Highlands (yes)
  • Highlands can stop development if they decree that it might use up resources that would otherwise go to COAH (yes)
  • If a developer has approvals already granted, they can’t start building until the Highlands determine there are enough resources available for non-COAH projects (the answer is not clear at this point)
  • Is there any formula in place for lowering the COAH numbers if a community conforms to the Highlands Regional Master Plan (not at this time)
  • If Randolph decides not to conform, the housing element plan must be ready to go immediately and a no-build scarce resource order that applies until substantive certification is approved (yes)
  • Does the scarce resource order impact non-Highlands towns (not automatically)
  • Given the economy, COAH will probably not be increasing staff so their review process will most likely not increase
  • Will COAH tell Randolph how to zone its property (yes, there are presumptive densities)
  • Is Randolph one of the 200 towns that have filed suit against the state (yes)
  • Close to 60 percent of the municipalities in the state have supported or are challenging COAH regulations, however the court has not agreed to any delays
  • If a property is protected, at some point could COAH decide that low income housing can go there (yes, if a town has not opted in)
  • An Executive Order is not an act of the legislature and is not law, however it has the force of a law (correct)
  • Not only did the Governor establish the Executive Order, the Highlands Council and COAH have been given inordinate power to act without public scrutiny or any kind of public process
  • Does an Executive Order last forever (yes, however a future Governor can repeal it)
  • Does Randolph have any power to go to COAH and negotiate the numbers (no)
  • How do you define vacant land (identified in tax records as vacant with no physical improvements on the property
  • What is the status of the various lawsuits by municipalities and other groups (they are being managed on a case-by-case basis with the suit by the League of Municipalities scheduled for April 2009)
  • In prior dealings with COAH, there seemed to be a sense of reasonableness where numbers were based on actual growth, not on projected growth, and Randolph enjoyed a surplus number of COAH units, however now the numbers are unreasonable
  • Members of the Council support low and moderate income housing at a reasonable level, however the new COAH obligation numbers are unreasonable
  • Under the housing plan, Randolph would have to create new zoning which would actually encourage the development of high density housing to accomplish these numbers (yes)
  • If COAH doesn’t like the zoning, can they send it back and say we have to make it more favorable (yes)

The Mayor opened the meeting to the public for comment.

Howard Schoenberger, Rickland Drive, suggested three options based on what he heard from the presentation. One option would be to do nothing, in which case developers would likely sue. Another option is to opt in to COAH, which is not desirable. The final option would be to opt in to the Highlands. This option would make it more difficult to build and it would protect Randolph’s infrastructure. Randolph would also not be locked in and could decide to opt out in a year.

Councilman Algeier responded that opting in to the Highlands might increase property values because development would cease, however taxes would increase because no new commercial development could take place. The Councilman gave several examples of recent commercial development that would not have been allowed had the Highlands issues existed in the last several years, including Aspen Ice, recreation businesses in Canfield Park, College Plaza, Meadow Wood Manor, the former Westinghouse facility, CVS, the new medical arts building, Marty’s Cycle Shop, Acme, Sunrise Assisted Living, and the new post office.

Mrs. Lee Whilden called for a Point of Order stating that she didn’t think it was appropriate for the Councilman to give a political speech.

Mayor Napoliello responded that Mrs. Whilden was out of order and that Councilman Algeier was responding to a comment from a member of the public.

Councilman Algeier continued that some of these commercial developments employ Randolph residents, are owned by Randolph residents, and a lot of them were built by people who live in Randolph. They add value to the community and will continue to add value in the future. If Randolph opts in to the Highlands Master Plan, development similar to those he listed would not be possible. In response to Mrs. Whilden’s comments, the Councilman noted that Mr. Schoenberger asked for comments regarding his comments.

Lee Whilden, 82 Radtke Road, stated that she is here to protect public health laws. The Highlands were set up to protect water. If a community doesn’t have clean water and sewers, it will not be a healthy community. Randolph has met their low income housing obligations very well and we have a good community.

Jim McConnell, 45 Carrell Road, doesn’t like either the Highlands or COAH, however he would opt to join COAH because there is a chance it could be repealed in the future.

John Ragan, Radtke Road and member of the Economic Development Committee, stated that Randolph’s remaining vacant properties are vital to the economic vitality of the community. Local businesses are already stressed by existing regulations. Placing additional regulations on these businesses may drive some to close. He urged the Council to keep local businesses in mind when making their decision.

Connie Stroh, 19 Dogwood Trail, asked about the Initial Assessment Grant, whether or not Randolph applied for it, and what the outcome of that was.

Manager Lovell responded that Randolph did apply for the Initial Assessment Grant but there has been no response yet from the Highlands.

Lou Pangaro, Chairman of Economic Development Committee, stated that recent zoning changes along Route 10 has enabled more viable businesses to come to Randolph. If the Highlands or COAH come into play, commercial property will be eliminated which would decrease ratables for the town.

Dan Lynn, Rolling Ridge Road, stated that if we opt in to the Highlands plan now, we protect environmentally sensitive areas, protect air and water, prevent development that might trigger more affordable housing units, and could possibly reduce affordable housing obligations. Additionally, not everyone in town is happy with commercial development, which is sometimes proven to be a drain on township services and does not always decrease property taxes. He asked for a clarification of growth share obligations.

Mr. Michaels responded that Randolph would have to have a housing plan that would accommodate and plan for the 296 affordable housing units. Areas would have to be rezoned for those units. Realistic zoning would have to be in place along with a zoning ordinance. This becomes a risk because now property is zoned for that use and those units might be constructed. If the market units are not built, affordable units do not have to be built.

Mr. Lynn asked what the goal of the lawsuit was that so many towns are joining in on.

Mr. Buzak responded that the goal is to have the Appellate Division invalidate the COAH rules, tell COAH their methodology is poor, and have the rules revamped.

Judith Stewart, 114 Everdale Road, asked if the tree ordinance could be improved and if that would prevent some of the construction that would result in more COAH obligations.

Mr. Buzak responded that COAH doesn’t look at what the zoning is or what the constraints are. COAH will look at what you have and if the effect of your regulatory system is such that you are deterring the construction of housing in any way, they require that those either be eliminated or waived with regard to these projects.

Rich Wohl, 25 Berry Lane, asked what the process is in terms of making a decision.

Mayor Napoliello responded that a decision has to be made sooner or later. At this point the Council has entered into a legal battle with the state and intends to fight.

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

Manager Lovell requested guidance on whether to prepare the housing element for the fair share plan for COAH.

Councilman Algeier made a motion to advise the Township Manager that it is the sense of the Township Council of Randolph Township that Randolph does not expend any additional funds or take any additional steps to apply for third round substantive certification until and unless we, the Council, direct otherwise, and further, that we continue to support the League of Municipalities litigation to establish a more reasonable and realistic approach to low and moderate income housing in the State of New Jersey. Councilman Alpert seconded the motion.

Councilman Algeier stated that Randolph is not closing the door on affordable housing. The Council would support COAH and the Governor if the numbers were realistic, as Randolph has done in the past and will do again in future, but not at this current level.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

B. Grecco Project—Tree Fund

Manager Lovell stated that the Grecco project is located between Route 10 and Quaker Church Road and consists of approximately 12 acres. It has been determined that the developer would have to provide 676 replacement trees. The developer has requested partial relief from the Planning Board. They plan to plant 197 trees on the site. The township has negotiated with developers in the past who had heavily treed sites. The Manager asked the Council to allow him to propose to the Board and Mr. Grecco that he pay the township $25,000.00 to the tree fund prior to the start of any site clearing and that they plant 120 trees at designated locations throughout the township prior to the issuance of the first CO.

Councilman Algeier clarified that the development will be well treed.

Councilman Alpert made a motion that the Council abide by the recommendations made by the Township Manager with regard to the $25,000.00 in the Tree Fund and the other stipulations for the Grecco site plan. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Schedule 2008 Volunteer Recognition Reception

The 2008 Volunteer Recognition Reception will be held on December 4, 2008, starting at 7:00 p.m. The Council Meeting will follow at 8:00 p.m., keeping the agenda light so that an 8:30 p.m. start time may be possible.

C. Development Fee Ordinance—COAH

This item will be carried to a future agenda.

REVIEW AND SET PROPOSED AGENDA FOR NOVEMBER 13, 2008 REGULAR MEETING

Manager Lovell noted that Council appears satisfied with the agenda and there were no questions.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked for clarification on the math used to determine the Grecco tree replacement numbers. She reiterated her belief that the tree ordinance needs to be changed.

Manager Lovell responded that $67,000.00 divided by 117.4, which is 57 percent. That figure is in keeping with what has been done in past negotiations.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted for the record that the next meeting will be held on November 13, 2008.

EXECUTIVE SESSION

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. Personnel
B. Litigation
C. Tax Appeal

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

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

NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Price

Deputy Mayor Metz made a motion to move back into public session. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Councilwoman Mitsch made a motion to approve the tax appeal settlement with Center Road Associates. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Tax Appeal Settlement—Center Grove Associates v. Township of Randolph

R-363-08

WHEREAS, Center Grove Associates, the owner of the property located at Block 77, Lots 25, 30 and 31 on the official tax maps of the Township of Randolph, also known as 44, 46, and 66 Center Grove Road, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2006, 2007, and 2008; and

WHEREAS, the property owner and the Township of Randolph have agreed to no reduction in the assessment for Lots 25, 30, and 31 for the tax year 2006; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 25 for tax year 2007 from a total assessment of $16,442,800.00 to a total assessment of $15,442,800.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 30 for tax year 2007 from a total assessment of $26,830,700.00 to a total assessment of $25,049,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 31 for tax year 2007 from a total assessment of $6,888,200.00 to a total assessment of $6,388,200.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 25 for tax year 2008 from a total assessment of $16,442,800.00 to a total assessment of $15,442,800.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 30 for tax year 2008 from a total assessment of $26,830,700.00 to a total assessment of $25,049,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for Lot 31 for tax year 2008 from a total assessment of $6,888,200.00 to a total assessment of $6,388,200.00; and

WHEREAS, the proposed settlement results in a total tax refund of $96,481.98 for tax year 2007 and $99,829.31 for tax year 2008; and

WHEREAS, the property owner has agreed to accept the refund resulting from the settlement of the tax years 2007 and 2008 as a credit against the first tax installment due immediately following the issuance of the Tax Court Judgments; 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 2007 and 2008; 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.

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 77, Lot 25, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $16,442,800.00 to a total assessment of $15,442,800.00.

2. The tax assessment on the subject property, located at Block 77, Lot 30, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $26,830,700.00 to a total assessment of $25,049,000.00.

3. The tax assessment on the subject property, located at Block 77, Lot 31, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $6,888,200.00 to a total assessment of $6,388,200.00.

4. The tax assessment on the subject property, located at Block 77, Lot 25, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $16,442,800.00 to a total assessment of $15,442,800.00.

5. The tax assessment on the subject property, located at Block 77, Lot 30, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $26,830,700.00 to a total assessment of $25,049,000.00.

6. The tax assessment on the subject property, located at Block 77, Lot 31, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $6,888,200.00 to a total assessment of $6,388,200.00.

7. The proposed settlement results in a total tax refund of $96,481.98 for tax year 2007 and $99,829.31 for tax year 2008, which, upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to apply the appropriate credit toward the next due quarterly real estate taxes due after the issuance of the Judgments by the Tax Court of New Jersey.

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

ADJOURNMENT

The Mayor adjourned the meeting at 11:15 p.m.

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Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

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

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

ABSENT: Councilwoman Price

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

Personnel

Manager Lovell stated that what he read in the paper was not what he understood the settlement agreement would be. Mr. Yarzab received a written reprimand, it is in his file for 20 days, and he is signing a release against any and all claims against the township and employees and officers of the township. Mr. Yarzab requested a confidentiality agreement, however it has already been breached. The Council must honor that confidentiality agreement.

Center Grove Associates

Manager Lovell stated that Randolph did receive a judgment of the court, however we were in negotiations and were able to reach a settlement. Randolph’s exposure in 2007 was 7 percent and in 2008 was 9 percent of assessment. Both years were settled for a 7 percent adjustment. The Manager urged the Council to approve this resolution, which calls for a $200,000.00 rebate.

Bailey v. Randolph

Do not release.

_________________________
Donna Marie Luciani
Township Clerk