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: September 20, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

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

Also Present: Township Manager John Lovell and Keli Bowden from the Township Attorney’s Office

Mayor Obremski led the Pledge of Allegiance.

PRESENTATIONS

A. Swearing In—Lieutenant Donald Smith, Sergeant Scott Arentowicz

There was a performance from Police Pipes and Drums of Morris County.

Manager Lovell introduced the two officers and gave a summary of their backgrounds.

Randolph Police Chief Dean Kazaba administered the Oath of Office to Lt. Smith.

Hopatcong Borough Police Chief John Swanson administered the Oath of Office to Sgt. Arentowicz.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if it was mandatory for commercial properties to recycle and whether recycling was collected from commercial properties.

Manager Lovell stated that recycling was not collected from commercial properties. In regard to commercial properties being required to recycle, he would research the law and get back to Mrs. Stewart.

Hearing no other comments, the public portion was closed.

COUNCIL AND MANAGER REPORTS

Councilman Alpert reported that several items were discussed at the Open Space meeting, including installing markers on the perimeters of acquired open space and a dedication service when the Tucker Avenue project is completed. He believes it is important for the public to be aware of the success of the Open Space Committee in preserving Randolph Township.

Councilman Algeier noted that the Planning Board has given approval to a project that will include installing sidewalks and a small stone retaining wall. In light of problems maintaining some of the other retaining walls in the township, the Councilman asked if that provision might be added to the responsibilities of the homeowners’ association that will be created for this new small subdivision.

Councilwoman Price reported that the Economic Development Committee will be holding their annual Business Awards Appreciation Night on October 25, 2007, at the Skylands. She also reported that the Board of Health would like to distribute “vials of life” to the public at Health Fair in October and asked for the council’s guidance on how to finance this operation.

Mayor Obremski noted that St. Clare’s has been a long-time participant in the Health Fair and should be approached for input and possible donation.

Councilman Metz reported that John Herold Jewelers will be donating the billboard on Sussex Turnpike for the Traffic Committee’s use during October, which is Traffic Safety Month. The MAC Committee and State Farm Insurance Company are also donating funds to be used for this purpose. The Councilman also reported that he attended a well done presentation by the Morris County Economic Development Committee at the Randolph Chamber of Commerce.

Councilman Napoliello noted that the billboard referenced by Councilman Metz is partially covered by tree branches.

Councilman Metz responded that the owner of the property was approached and asked to trim the branches but has refused.

Deputy Mayor Mitsch expressed her thanks and appreciation to the Randolph Police Department, St. Clare’s Mobile Cardiac Unit, and the Randolph Rescue Squad for their professional and courteous response and demeanor while on an emergency call to her home recently.

Mayor Obremski reported that there were several representatives from surrounding towns attending the driver safety program. The Division of Highway Traffic Safety began a review of the graduated driver’s license program and a report is expected in March. Mayor Obremski nominated Catherine Laudone to serve as a student member for two years on the Landmarks Committee.

Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Manager Lovell reported that he received some troubling news regarding Heritage 55. He summarized the history of the project for the council, touching on the following issues:

  • Zoning initiatives for the project
  • Septic concerns and alternatives
  • Review by the DEP
  • Review by the Highlands Commission
  • Possible Highlands suggestion that the DEP not grant approval

It is the Manager’s belief that the developer will need the support of the township in the form of a letter and he will be working with the developer’s attorney. The Manager noted that this project has enjoyed bi-partisan support for many years and is an integral part of Randolph’s open space planning.

The Manager reported that the Morris County Municipal Joint Insurance Fund is celebrating their 20th year and Randolph has saved almost $3 million through the use of this fund.

ORDINANCES

A. Introduction

(1) Ordinance #25-07: Rezone Block 79, Lot 5, PO/R to R/PO

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 79, LOT 5, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 2nd of October, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

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

NAYS: None

(2) Ordinance #28-07: Amending Chapter 15, Land Development Ordinance, Definition of Outdoor Storage

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE 1, GENERAL PROVISIONS, SECTION 15-2, DEFINITION OF TERMS, AND ARTICLE IV, SUPPLEMENTARY ZONING REGULATIONS, SECTION 15-42, OUTDOOR STORAGE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 2nd of October, 2007, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

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

NAYS: None

COMBINED ACTION RESOLUTION

Councilman Metz made a motion to approve the combined action items. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of 2007 Taxes for Block 62, Lot 1, to Wells Fargo Home Mortgage—$677.84

R-238-07

WHEREAS, Wells Fargo Home Mortgage has overpaid 2007 taxes in the amount of $677.84 on Block 62, Lot 1, known as 27 Dogwood Trail, assessed to Gary and Michele Popeck; 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 $677.84 to Wells Fargo Home Mortgage.

(2) Release Escrow Funds for Block 195, Lot 17, to Thomas Spagnuolo—$156.39

R-239-07

WHEREAS, the Planning and Zoning Department received escrow funds from Thomas Spagnuolo for Block 195, Lot 17, in the amount of $8,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $156.39 be refunded to Thomas Spagnuolo, 14 Mountainside Drive, Randolph, NJ 07869.

(3) Release Escrow Funds for Block 123, Lot 2.02, to Nicholas Romagnoli—$797.50

R-240-07

WHEREAS, the Planning and Zoning Department received escrow funds from Nicholas Romagnoli for Block 123, Lot 2.02, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $797.50 be refunded to Nicholas Romagnoli, 10 Phyllis Place, Randolph, NJ 07869.

(4) Release Escrow Funds for Block 21, Lot 26, to William Gold—$743.50

R-241-07

WHEREAS, the Planning and Zoning Department received escrow funds from the Estate of Madeline Knothe for Block 21, Lot 26, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $743.50 be refunded to the Estate of Madeline Knothe, c/o Mr. William Gold, Esq., 21 Hardwick Road, Hardwick, NJ 07825.

(5) Release Escrow for Block 86, Lot 38, to Patricia Carlson—$811.00

R-242-07

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

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $811.00 be refunded to Patricia Carlson, 10 Elm Place, Randolph, NJ 07869.

(6) Refund Building Department Permit Fee for 41 Windsor Avenue to Nicola and Diane Gangemi—$481.00

R-243-07

WHEREAS, the Building Department received and deposited with the Finance Department the fee of $644.00 for Permit No. 07-0655 for an addition at 41 Windsor Avenue; and

WHEREAS, the homeowner has decided not to do the work at this time and requests a refund.

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 Frank Howard, Construction Official, that $481.00 for Permit No. 07-0655 (minus Review Fee) be refunded to Nicola P. and Diane Gangemi, 41 Windsor Avenue, Randolph, NJ 07869.

(7) Refund Overestimated Payment of Water at 15 Jay Drive to Mr. and Mrs. Gerald Clendenny—$332.51

R-244-07

WHEREAS, Gerald and Mary Jo Clendenny, 15 Jay Drive, Block 103, Lot 46, were estimated for water service for several quarters; and

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

WHEREAS, based on the actual reading, Mr. and Mrs. Clendenny overpaid their water account for several quarters which resulted in an overpayment of $332.51; and

WHEREAS, Mr. and Mrs. Clendenny have requested a refund of their overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $332.51 to Mr. and Mrs. Gerald Clendenny, 15 Jay Drive, Randolph, NJ 07869.

(8) Release Road Opening Cash Bond for 8 Farview Avenue to Nick Katsanos—$300.00

R-245-07

WHEREAS, on May 31, 2007, 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 constructing a new driveway, Block 85, Lot 4; 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 and the inspection fee in the amount of $300.00 be refunded to Nick Katsanos, 8 Farview Avenue, Randolph, NJ 07869.

(9) Canceling Randolph Fire Company #2 August 25, 2007, Sewer Bill—$939.33

R-246-07

WHEREAS, Randolph Fire Company No. 2, Block 137, Lot 7, received a quarterly sewer bill on August 25, 2007, in the amount of $1,127.33; and

WHEREAS, the large sewer bill resulted from a leak which has subsequently been repaired; and

WHEREAS, Randolph Fire Company No. 2’s normal sewer bills are $188.00; and

WHEREAS, Randolph Fire Company No. 2 has requested that the Township adjust their sewer bill accordingly; and

WHEREAS, it is recommended by the Township Manager that the Township adjust the August 25, 2007, sewer bill to $188.00.

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 cancel $939.33 of the Randolph Fire Company No.2’s sewer bill for August 25, 2007.

(10) Refund Mulch Delivery Charge at 2 Clarks Lane to Pat Slattery—$160.00

R-247-07

WHEREAS, on May 14, 2007, Engineering received and deposited with the Finance Department a check in the amount of $160.00 covering a mulch delivery at 2 Clarks Lane in Randolph; and

WHEREAS, due to unforeseeable circumstances, the Engineering Department was unable to deliver the mulch.

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 charge for mulch be refunded in the amount of $160.00 to Pat Slattery, 2 Clarks Lane, Randolph, NJ 07869.

B. Approve Joint Vehicle Auction with Township of Sparta

R-248-07

WHEREAS, the Township of Randolph is the owner of the following vehicles and miscellaneous items which are no longer needed for public use:

YEARMAKEMODELVIN #
1999ChevyLumina2G1WL52KXX9226634
1998FordCrown Victoria2FAFP71W7WX189702
2001FordCrown Victoria2FAFP71W61X182443
2004FordCrown Victoria2FAFP71W64X100229
2001FordCrown Victoria2FAFP71W41X182442
2000FordCrown Victoria2FAFP71WOYX111135
1995FordTaurus1FALP52U9SA294023

1 20" Huffy Bicycle with Pink Trim
1 Purple Gemini Pacific Bicycle
1 Huffy Purple 12-Speed Girl’s Mountain Bike
1 Black Schwinn 10-Speed Bicycle
1 Purple Dyno Nytro Bicycle

WHEREAS, the Township desires to authorize the sale of the above-described vehicles and miscellaneous items at public sale pursuant to NJSA 40A:11-36 to the highest bidder; and

WHEREAS, the Township authorizes the Township of Sparta to perform the auction on September 29, 2007, as a joint venture; and

WHEREAS, the Township agrees to pay an Auctioneer an administrative fee of twelve (12) percent based on total gross receipts and advertising costs of $1,500.00 to be divided among participants based on percentage of gross receipts.

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

1. The Township hereby declares the surplus equipment is no longer needed for public use.

2. The Township authorizes the transfer of the above vehicles to Sparta to be auctioned by a professional auctioneer on September 29, 2007.

3. The Township shall retain the right to reject all bids.

C. Authorize Purchase of Fire Department Breathing Apparatuses and Related Equipment—$309,527.40

R-249-07

WHEREAS, the Township of Randolph wishes to purchase 67 Scott Air-Pak Breathing Apparatuses and related equipment; and

WHEREAS, these products can be purchased utilizing the New Jersey State Contract #T-0790, vendor contract #A-64813, for a total purchase price of $309,527.40, therefore eliminating the need for formal bid; and

WHEREAS, Fire Fighters Equipment, Dover, New Jersey, is the authorized dealer for Scott Brand merchandise on the state contract; and

WHEREAS, funds are available for this purchase.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for the purchase of breathing apparatus using the state contract to Fire Fighters Equipment, Dover, New Jersey, at a total purchase order price of $309,527.40.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 20, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #15-07, Various Capital Improvements, and the Fire Equipment Grant to award a contract to Firefighters Equipment for the purchase of 67 Scott Air-Pak Breathing Apparatuses and related equipment in the amount of $309,527.40.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorize Contract with Advanced Recovery for Disposal of Old Computer and Electronic Equipment

R-250-07

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 therefore; and

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

WHEREAS, the Township obtained a quote from Robert Travers 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 one thousand dollars ($1,000.00); and

WHEREAS, the estimated 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 and electronic 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 one thousand dollars ($1,000.00), in any event not to exceed two thousand dollars ($2,000.00), for the proper disposal of old computer and electronic 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.

E. Raffles

(1) Off-Premise 50/50 Raffle, St. Matthew the Apostle Parish, 335 Dover-Chester Road, Randolph, December 9, 2007, at 12:00 noon

(2) Social Affair Permit, FOP Picnic, Mt. Freedom Park, September 29, 2007 - 12:00 p.m. to 7:00 p.m.

AUTHORIZE SETTLEMENT OF 2006 AND 2007 TAX APPEALS—540 RANDOLPH, LLC

Manager Lovell noted that this item will be carried until after the Executive Session this evening.

DISCUSSION ITEMS

A. Echo Lane (Carried from September 6)

Manager Lovell noted that several residents of Echo Lane, a privately owned road that has existed for several years, petitioned the Manager about a year ago to make repairs to the street. Several years ago property owners provided letters of agreement casting rights to the roadway to the township, however nothing was ever filed with the county. The Township Attorney completed a title search which determined that the residents who had signed those documents didn’t actually own the land they were signing over. The Manager informed the homeowners that since the road is privately held, the township can not undertake the extensive reconstruction project. The Manager also noted that he expected the homeowners to ask the council to rectify the situation. The Manager suggested forming a sub-committee to work with the attorney, to deal with strategies and ramifications, and to meet with their counterparts from Denville.

Councilman Algeier noted that, if the town were to take ownership of the road, the township would be obligated to bring the road up to current municipal engineering standards.

Councilman Metz, Deputy Mayor Mitsch and Mayor Obremski volunteered to be on the sub-committee.

James Grecco, a resident of Echo Lane, spoke to the Council of the dangers the street poses to the residents and the children who wait at the bottom of the sloping street for the school bus.

Councilman Algeier asked if a proposed development at the far end of Echo Lane, which is in Denville, will provide a cut-through.

Mr. Grecco responded that he checked that out very carefully with the town engineer from Denville and was told that there will not be any cut-through.

B. Selection of Consulting Engineer—Design of Butterworth Interceptor Improvements (Carried from September 6)

Manager Lovell noted that this project has been on hold for some time awaiting a determination from the DEP regarding water extension necessary for Kensington Square. A number of proposals have been received, however, until approvals are granted the Manager believes the proposals should be put aside. He does not believe Mr. Kushner would be willing to share any of the expenses until this hurdle is cleared.

C. Garden Apartment Escrows—Council Letter #31-07 (Carried From September 6)

Manager Lovell provided a summary of the ordinance that dates back to 1973 and 1974. Escrow accounts were set up at that time, however these accounts have not been used and the Manager believes that the ordinance is no longer relevant considering the court’s propensity of dealing more strictly with landlords today. The Manager suggested either bringing the ordinance to a more modern standard or doing away with it and returning the money in the escrow account to the apartment complex owner.

Councilwoman Price made a motion to rescind the ordinance and refund the escrow to the apartments. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, cautioned the council to make sure the money in the escrow account is returned to the proper person since the original owners claimed bankruptcy.

Jim McConnell, 45 Carrell Road, stated that he knows both of the officers who were sworn in this evening personally and noted that they are both good police officers and good men. He also cautioned the council regarding the Echo Lane situation, and stated that ownership of the road will make no difference if an emergency vehicle can not get up the road during a response for assistance. A situation like that would put the council in a very bad light.

Hearing no further comments, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello noted that there was an opening on the Environmental Commission.

Councilman Napoliello made a motion to nominate John Scorsone to the Environmental Commission.

Councilman Alpert seconded the motion and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier asked the Township Clerk to contact Mr. Scorsone to let him know the next Environmental Commission meeting is October 25.

Mayor Obremski noted that he was trying to get used to the lap top computer this evening in preparation for going to a paperless council. He noted that he had some brief initial instruction and that it appears to be very user-friendly. The Mayor also asked that a link be provided on the lap top computer for the Opening Statement and the Executive Session Statement.

Manager Lovell stated that he will distribute lap tops to the Council this evening so that they could work with it during the week in preparation for the meeting on September 27.

Councilman Algeier asked that the motion appointing John Scorsone be amended to reflect Mr. Scorsone’s appointment as Alternate #2 and the subsequent movement of Mike Whiting to Alternate #1 and Paul O’Malley and a regular member of the Environmental Commission.

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

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

NAYS: None

Councilman Metz nominated Rich Catania to serve as a student member for a two year term on the Traffic Advisory Committee. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Mitsch

Mayor Obremski noted that the Council Meeting on September 27, 2007, will begin at 7:00 p.m. with the presentation of medals to the championship Little League team.

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. Open Space Acquisition
b. Tax Appeal Settlement—540 Randolph LLC

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

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

NAYS: None

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

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

NAYS: None

Councilman Alpert made a motion to authorize the Township Manager to conduct an appraisal on the property that was referenced in Executive Session. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to approve the tax settlement for 540 Randolph LLC. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Tax Appeal Settlement—540 Randolph LLC

R-251-07

WHEREAS, 540 Randolph LLC, the owner of the property located at Block 79, Lot 4, on the official tax maps of the Township of Randolph, also known as 540 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 2006 and 2007; 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 $3,051,000.00 to a total assessment of $2,669,400.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2007 from a total assessment of $3,051,000.00 to a total assessment of $2,414,000.00; and

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

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement for tax year 2007 shall be made within sixty (60) days of the date of entry of judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds due as a result of the proposed settlement judgment interest due on any refunds due as a result of the proposed settlement; and

WHEREAS, it is the recommendation of the Township’s Special Counsel for Property Tax Appeals, in consultation with the Township’s Tax Assessor and appraisal consultant, that the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph, and that this matter be settled pursuant to the terms set forth herein; and

WHEREAS, the proposed settlement for the 2006 tax year results in a total tax refund of $10,799.28; and

WHEREAS, the proposed settlement for the 2007 tax year results in a total tax refund of $18,727.80.

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 79, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $3,051,000.00 to a total assessment of $2,669,400.00.

2. The tax assessment on the subject property, located at Block 79, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $3,051,000.00 to a total assessment of $2,414,000.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to apply the appropriate credit toward the next quarterly real estate taxes due after the issuance of the Judgment by the Tax Court of New Jersey.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $18,727.80 to the property owner, said refund being attributable to the reduction in the assessment for the 2007 tax year and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

ADJOURNMENT

The Mayor adjourned the meeting at 9:45 p.m.

Donna Marie Luciani
Township Clerk