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 6, 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 (via telephone)
Deputy Mayor Mitsch
Mayor Obremski

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

Mayor Obremski led the Pledge of Allegiance.

APPROVAL OF MINUTES OF JULY 12, 2007 AND AUGUST 7, 2007

Councilman Metz noted that the minutes of July 12 should reflect his attendance and vote via telephone from the beginning of the meeting until the Council broke for recess.

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

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello (abstained from August 7)
Councilwoman Price
Deputy Mayor Mitsch (abstained from August 7)
Mayor Obremski

NAYS: None

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she believed it would be best for the Council to order the referendum on the proposed pool and not wait for a judge to order it. As an alternative, she suggested the Council reconsider her proposal to bond pool memberships.

Julie Hooper, 74 Everdale Road, asked if the water line extensions along Everdale Road are going to be hooked up to the houses.

Manager Lovell responded that the water line will be stubbed to the curb line.

Mrs. Hooper asked if the town could ask the developer for Randolph Mountain to put in sewer and water lines while he’s laying the roads.

Manager Lovell stated that the water line going in on Everdale Road is being done to reinforce the system service to the Shongum section of the township as was recommended in the 2002 Water Master Plan. Planning Board approval for the Kaplan development requires the developer to reimburse the township for half the cost of that line. However, the state has issued a moratorium for all towns serviced by the MCMUA and the developer has gone back to the Planning Board where no determination has yet been made. That area was removed from the sewer service area several years ago to justify lower density in the Millbrook Valley.

Maria Martorana, 1 Wilkeshire Boulevard, asked if the Recycling Center accepted co-mingled paper, cardboard and newspaper.

Manager Lovell responded that it will be accepted curbside co-mingled, however those items were still being separated at the Recycling Center to keep costs down.

Mrs. Martorana noted that there had been a tie vote at a previous council meeting regarding a proposed development by Baker Residential and asked how Councilwoman Price, who was absent for that meeting, voted upon her return.

Mayor Obremski responded that the Councilwoman voted no to the proposed development.

Tim Freeman, 10 Lookout Road, addressed a couple of points the Mayor had made to the Randolph Reporter concerning a possible special election for the pool referendum, including the deadline for placing the referendum on the ballot.

Mayor Obremski responded that, in the article, he was referring to the deadline the council faced for voting to put this issue to referendum. He agreed with Mr. Freeman that the judge is not bound to the same deadline as the council.

Mr. Freeman stated that it is the objective of the petition committee to act expeditiously so as to avoid a special election and the subsequent extra cost, and he hopes the council shares that objective.

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

COUNCIL AND MANAGER REPORTS

Councilman Metz attended a Traffic Advisory Committee meeting where it was noted that the driver safety programs at the high school have been well attended and well received. October is Traffic Safety Month, and in that regard John Herold Jewelers has donated billboard space to assist in getting their message out to the public. State Farm Insurance has also donated funds for this purpose. Councilman Metz toured the completed expansion to the high school and was impressed. There is concern regarding traffic flow at the high school which will be a topic of discussion at a future meeting.

Councilwoman Price thanked everyone for their well wishes, cards and flowers as she recuperates from her diving accident.

Councilman Napoliello noted that he was also impressed by the expansion at the high school.

Deputy Mayor Mitsch, in echoing the Manager’s comments regarding the Kaplan development, noted that the Planning Board has asked for expert testimony to speak to the concerns of neighbors about potential impacts to their wells.

Mayor Obremski stated that he has invited all the mayors from Morris County to attend the driver safety programs at the high school. The Landmarks Committee has been approached by an eagle scout candidate who is planning to repair the front stone wall on Hanover Avenue at the cemetery. The Mayor noted that September is National Preparedness Month and provided a website, www.ready.gov, which offers hints in preparing against disaster. The council meeting on September 27 will begin at 7:00 p.m. in order to recognize the accomplishments of the championship little league team.

Manager Lovell noted the meeting with the Board of Education was fruitful and dealt with a lot of issues, including the development of an environmental education center, sharing a fleet maintenance facility, washing of vehicles, and shared services for technology. He was also impressed by the expansion at the high school. The Manager also noted that there has been substantial headway made this summer on renovations to the animal shelter and the VFW building. The Manager asked whether the council would like a presentation to the entire council or a subcommittee regarding the architects’ plans for these buildings. There is also a planning study proposal regarding renovations to the property on Calais Road. Water line work on Everdale Road will begin next week. The Manager emphasized that the wording for the referendum litigation on the agenda was not meant as an affront to Mr. Freeman, it was simply a means of identification.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #04-07: Ratifying a Revised Agreement Between the Township of Randolph and Morris County Municipal Utilities Authority for the Provision of Water (Carried From August 7)

Councilman Metz made a motion to table the ordinance to October 2, 2007. 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

(2) Ordinance #25-07: Rezone Block 79, Lot 5, PO/R to R/PO (Carried From August 7)

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 read by title on second reading and a hearing held thereon.

Manager Lovell noted that the Planning Board has given a positive recommendation for this ordinance.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

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 OFICE AND RESIDENTIAL DISTRICT TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

3) Ordinance #26-07: Specify the Buffer Dimensional Requirements Applicable to the R/PO and B-2ENV Zones (Carried from August 7)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO SPECIFY THE BUFFER DIMENSIONAL REQUIREMENTS APPLICABLE TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT AND THE B-2ENV REGIONAL BUSINESS DISTRICT B ENVIRONMENTAL RESTRICTIONS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will establish the proper requirements and standards for these zones. He stated that the Planning Board recommends adoption of this ordinance.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if this ordinance will affect the proposed Grecco development along Route 10.

Manager Lovell responded that this ordinance deals with properties close to the Allamatong Wellfield near the old Westinghouse property and is being done to protect the water supply. It will not affect the proposed Grecco development.

Mrs. Whilden stated that the people involved with the Friends Meeting House are very concerned about the proposed Grecco development.

Manager Lovell noted that an application for the Grecco site has been received and will start staff review in a couple of weeks. He advised Mrs. Whilden to keep in touch with the Planning Board so that she is aware of the hearing date.

Hearing no further comments, the public hearing was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO SPECIFY THE BUFFER DIMENSIONAL REQUIREMENTS APPLICABLE TO THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT AND THE B-2ENV REGIONAL BUSINESS DISTRICT B ENVIRONMENTAL RESTRICTIONS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(4) Ordinance #27-07: Accepting the Dedication of Block 21, Lot 32.08, as Open Space From Rolling Hill Company (See Council Letter 28-07)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 21, LOT 32.08, AS OPEN SPACE FROM ROLLING HILL COMPANY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will help create a significant buffer to further protect the Allamatong Wellfield and that the Planning Board recommended adoption of this ordinance.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 21, LOT 32.08, AS OPEN SPACE FROM ROLLING HILL COMPANY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(5) 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 I, 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 read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance, which was requested by the Zoning Officer, will tighten the language and improve enforceability.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE I, 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 passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Alpert made a motion to adopt the ordinance. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

B. Ordinance Introduction

(1) Amending Chapter 2 Administration—Emergency Report Coordinator

Manager Lovell noted that, with the retirement of Lt. Michael Pisano, there is a need to appoint a new Emergency Management Coordinator. This ordinance will modify current requirements.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 2-323(b) OF CHAPTER 2, ADMINISTRATION, DIVISION 10, DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 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 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 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

COMBINED ACTION RESOLUTIONS

Manager Lovell stated that he is a member of the Board of Directors for the YMCA and he recused himself from negotiations concerning the Community Rap Program at the YMCA.

Councilman Metz noted that he will abstain from voting on that issue since his brother is an employee of the YMCA.

Councilman Algeier asked if the street sweeper that is being purchased could be rented out to other towns.

The Manager responded that it makes sense to offer that service to surrounding towns, although he would like to contract with smaller towns so as not to spread Randolph too thin.

Councilman Algeier stated that he commends the Manager’s office and staff for taking up the challenge of shared services since it was established as a goal a couple of years ago.

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

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz (abstained on Item L)
Councilman Napoliello
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

ABSENT: Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Road Opening Cash Bond for Block 56, Lot 37, to Florence Guest—$300.00

R-209-07

WHEREAS, on June 26, 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 installing a granite block curb at 77 Ridge Road, Block 56, Lot 37; 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 Florence Guest, 77 Ridge Road, Randolph, NJ 07869.

(2) Refund Road Opening Cash Bond for Block 17, Lot 19, to K. Mark Wedemyer—$300.00

R-210-07

WHEREAS, on July 30, 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 installing a new driveway at 5 Main Street, Block 17, Lot 19; 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 K. Mark Wedemeyer, 5 Main Street, Randolph, NJ 07869.

(3) Refund Road Opening Cash Bond for Block 51, Lot 16, to Peak Development—$250.00

R-211-07

WHEREAS, on April 4, 2007, Engineering received and deposited with the Finance Department a check in the amount of $250.00 covering a road opening cash bond for the purpose of connecting to the Township water system at 33 Combs Avenue, Block 51, Lot 16; 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 $250.00 be refunded to Peak Development, 62 Railroad Avenue, Paterson, NJ 07510.

(4) Refund Temporary Stabilization Bond for Block 51, Lot 16, to Peak Development

R-212-07

WHEREAS, on December 28, 2004, the Engineering Department received and deposited with the Finance Department a check totaling $1,000.00 covering a temporary stabilization bond for Block 51, Lot 16; and

WHEREAS, the property has been inspected and found to be properly stabilized.

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 Bressan, Township Engineer, that $1,000.00 be refunded to Peak Development, 62 Railroad Avenue, Paterson, NJ 07510.

(5) Release Remaining Developer’s Escrow for Block 128, Lot 4, to Philomena Milano—$581.50

R-213-07

WHEREAS, the Planning and Zoning Department received escrow funds from Philomena Milano for Block 128, Lot 4, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no 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 $581.50 be returned to Philomena Milano, 42 Baker Avenue, Dover, NJ 07801.

(6) Release Remaining Developer’s Escrow Funds for Block 133, Lot 2, to George Szatkowski—$341.75

R-214-07

WHEREAS, the Planning and Zoning Department received escrow funds from George Szatkowski for Block 133, Lot 2, in the amount of $3,000.00; 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 $341.75 be refunded to George Szatkowski, 68 Fords Road, Randolph, NJ 07869.

(7) Release Remaining Balance on Banner Permit to Ronald and Ann Gresko, Soccer Evolution—$100.00

R-215-07

WHEREAS, Ronald and Ann Gresko applied for a banner permit on August 14, 2006, and paid the fee of $150.00; and

WHEREAS, Mr. and Mrs. Gresko removed the banner within the 10-day limit and have requested that the balance of $100.00 be refunded to them.

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 balance in the amount of $100.00 be refunded to Ronald and Ann Gresko, Soccer Evolution, 500 Route 10, Randolph, NJ 07869.

(8) Release Remaining Developer’s Escrow Funds for Block 154, Lot 16, to Ava and Gary Marks—$743.50

R-216-07

WHEREAS, the Planning and Zoning Department received escrow funds from Ava and Gary Marks for Block 154, Lot 16, 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 Ava and Gary Marks, 23 Meadowbrook Road, Randolph, NJ 07869.

(9) Release Deposit for Fire Hydrant to Fernbrook Landscaping—$100.00

R-217-07

WHEREAS, on August 1, 2007, the Engineering Department received and deposited with the Finance Department a check totaling $100.00 for the use of a fire hydrant meter for 47 Peace Road; and

WHEREAS, the fire hydrant has been returned in good working condition.

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 Bressan, Township Engineer, that $100.00 be refunded to Fernbrook Landscaping, 47 Peace Road, Randolph, NJ 07869.

(10) Release Remaining Day Camp Balance to Michael Kral—$208.57

R-218-07

WHEREAS, Michael Kral registered his child for Day Camp and paid the fee of $595.00; and

WHEREAS, Mr. Kral is requesting a refund for three weeks his child was not able to attend and it is recommended that the difference be refunded. The refund will be $208.57 after calculating the weeks attended and the processing fee.

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 John Van Brunt, Director of Parks, Recreation and Community Services, that $208.57 be refunded to Michael Kral, 256 West Chrystal Street, Randolph, NJ 07869.

(11) Refund Tax Sale Certificate #1847 to Norman and Luba, LLC—$244,257.07

R-219-07

WHEREAS, Outside Tax Sale Certificate #1847 held by Norman & Luba, LLC, assessed to B & B Associates, Block 101, Lot 4, 1204 Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $134,157.07 and premium in the amount of $110,100.00.

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 $244,257.07 to Norman & Luba, LLC, holder of Tax Sale Certificate #1847.

(12) Refund Outside Tax Sale Certificate #1828 for Block 44, Lot 7, to Lien Times, LLC

R-220-07

WHEREAS, Outside Tax Sale Certificate #1828 held by Lien Times, LLC, assessed to G.J.P. Realty, Inc., Block 44, Lot 7, 891 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $38,382.65 and premium in the amount of $15,200.00.

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 $53,582.65 to Lien Times, LLC, holder of Tax Sale Certificate #1828.

B. Supporting Designation of the National Incident Management System (NIMS)

R-221-07

WHEREAS, the President in Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and

WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and

WHEREAS, it is necessary and desirable that all Randolph Township departments and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve Randolph Township’s ability to utilize federal funding to enhance local readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout Randolph Township.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, in the State of New Jersey, that we hereby establish the National Incident Management System (NIMS) as Randolph Township’s standard for incident management on this 6th day of September 2007.

C. Amending Professional Services Agreement with Bond Counsel John L. Kraft Who is Joining a New Legal Team

R-222-07

WHEREAS, a Professional Services Agreement was awarded to John L. Kraft, Esq., LLC, 70 South Orange Avenue, Livingston, New Jersey, on January 18, 2007; and

WHEREAS, beginning September 1, 2007, John L. Kraft, Esq., will be joining the firm of Lomurro, Davison, Eastman & Munoz, PA, Freehold, New Jersey; and

WHEREAS, the Township of Randolph will continue to utilize John L. Kraft, Esq., as part of the firm of Lomurro, Davison, Eastman and Munoz, PA.

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 amend the existing Professional Services Agreement.

D. Authorizing Award of MCCPC Contract #13B to Absolute Fire Protection Company

R-223-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of Contract #13-B (Maintenance/Repair Contract for Fire Water Pumps on Motorized Fire Apparatus) for a two (2) year contract period (August 1, 2007 - June 30, 2009); and

WHEREAS, bids have been advertised and received on August 8, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, has determined that Absolute Fire Protection Company of South Plainfield, New Jersey, be awarded the contract for providing the low bid for the service contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to Absolute Fire Protection Company of South Plainfield, New Jersey, for MCCPC Contract #13-B (Maintenance/Repair Contract for Fire Water Pumps on Motorized Fire Apparatus) for a two (2) year contract period (August 1, 2007 - June 30, 2009).

E. Authorizing Rescission of 2007 MCCPC Contract #25 with Allen Paper and Re-Awarding to Mooney General Paper Company and Bio-Shine

R-224-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of Contract #25 (Janitorial Supplies) on June 28, 2007, to Allen Paper & Supply Company which included Items #5 and #22 in Category A (Cleaners, Deodorants & Special Purpose Items); and

WHEREAS, the award for Items #5 and #22 were erroneously awarded to Allen Paper & Supply Company as they were not the true low bidder in compliance with the bid specifications; and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of Allen Paper & Supply Company’s initial contract award and re-award Items #5 and #22 to the actual low bidders in compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of Allen Paper & Supply Company’s award for Items #5 and #22 in Category A (Cleaners, Deodorants & Special Purpose Items) of Contract #25 (Janitorial Supplies) be rescinded due to non-compliance with the bid specifications.

WHEREAS, Item #5 in Category A (Cleaners, Deodorants & Special Purpose Items) of Contract #25 (Janitorial Supplies) to be re-awarded to Mooney General Paper Company who provided the low bid in compliance with the bid specifications; and

WHEREAS, Item #22 in Category A (Cleaners, Deodorants & Special Purpose Items) of Contract #25 (Janitorial Supplies) to be re-awarded to Bio-Shine who provided the low bid in compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #5 in Category A (Cleaners, Deodorants & Special Purpose Items) of Contract #25 (Janitorial Supplies) to be re-awarded to Mooney General and Item #22 to be re-awarded to Bio-Shine.

F. 2007 Budget Amendments:

(1) Obey the Signs or Pay the Fines Grant—$4,000.00

R-225-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $4,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—“Obey the Signs or Pay the Fines” Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—“Obey the Signs or Pay the Fines” Grant

(2) 2007 Clean Communities Program—$2,975.07

R-226-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $2,975.07, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—2007 Clean Communities Program

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2,975.07 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—2007 Clean Communities Program

(3) Click It or Ticket 2007 Grant—$4,000.00

R-227-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $4,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Click It or Ticket 2007 Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Click It or Ticket 2007 Grant

(4) Alcohol Education Enforcement Fund Grant—$958.47

R-228-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $958.47, which item is now available as revenue from:

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

SECTION II

BE IT FURTHER RESOLVED that a like sum of $958.47 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Alcohol Education Enforcement Fund Grant

(5) Child Passenger Safety Education Grant—$2,712.00

R-229-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $2,712.00, which item is now available as revenue from:

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

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2,712.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Child Passenger Safety Education Grant

(6) Conservation/Preservation of Township Documents—$2,000.00

R-230-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget; and

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

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $2,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Conservation/Preservation of Township Documents

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Conservation/Preservation of Township Documents

G. Authorizing Award of Portion of MCCPC—Landscaping Materials to Grinnell Recycling, Inc.

R-231-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of a portion of Contract #42 (Landscaping Materials & Supplies) on an as-needed basis to Grinnell Recycling, Inc., of Sparta, New Jersey; and

WHEREAS, a re-bid of Item #2 (Wood Carpet Mulch) in Category E (Mulch) of Contract #42 (Landscaping Materials & Supplies) has been advertised and received on August 22, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Grinnell Recycling, Inc., provided the lowest bid (per cubic yard) for all items in the category.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Grinnell Recycling, Inc., of Sparta, New Jersey, on behalf of the Morris County Cooperative Pricing Council for Item #2 (Wood Carpet Mulch) in Category E (Mulch) of Contract #42 (Landscaping Materials & Supplies) on an as-needed basis.

H. Cancel Grant on Receivable and Reserve Balances

R-232-07

WHEREAS, state and federal grant receivable and reserve balances remain on the balance sheet of the State and Federal Grant Fund; and

WHEREAS, it is necessary to formally cancel these receivable balances and reserve balances on the balance sheet.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Director of Finance be directed to cancel the following receivables and reserves:

GRANT TITLERECEIVABLERESERVE
2006 Municipal Alliance Grant$2.88$2.88
2006 Clean Communities Grant $2.72
Hazardous Discharge Grant$500.00$500.00

I. Authorizing the Rescission of MCCPC Contract #51 (Deer Carcass Removal) with D & N Animal Recovery Services and Authorizing the Re-Awarding to Deer Carcass Removal Service LLC

R-233-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a contract on August 7, 2007 (Contract #51—Deer Carcass Removal & Disposal Services) for MCCPC members in Morris County to D & N Animal Recovery Service LLC of Long Valley, New Jersey; and

WHEREAS, an investigation led to contacting the New Jersey Department of Environmental Protection (NJDEP) concerning D & N’s credentials/licenses for the operation of a business for deer removal and disposal services; and

WHEREAS, according to the NJDEP, D & N Animal Recovery Service does not have the proper credentials/licenses needed to comply with their requirements to perform the services contracted for our MCCPC members in Morris County; and

WHEREAS, it is in the best interest of the MCCPC to rescind D & N Animal Recovery’s contract for non-compliance with the NJDEP regulations and the MCCPC requirements.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Contract #51 (Deer Carcass Removal & Disposal) for Morris County MCCPC members be rescinded from D &N Animal Recovery of Long Valley, New Jersey, for non-compliance with the NJDEP regulations and the MCCPC requirements.

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, recommends the re-award of MCCPC Contract #51 (Deer Carcass Removal & Disposal Services) for Morris County MCCPC members for a two (2) year contract to Deer Carcass Removal Service LLC of Cream Ridge, New Jersey, for providing the bid taken on July 27, 2007, in compliance with the NJDEP regulations and the MCCPC requirements.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Contract #51 (Deer Carcass Removal & Disposal) for Morris County MCCPC members be re-awarded to Deer Carcass Removal Service LLC of Cream Ridge, New Jersey, for compliance with the NJDEP regulations and the MCCPC requirements.

J. Raffles

(1) Off-Premise 50/50 Raffle, December 9, 2007, 4:00 p.m. at the Randolph High School, Millbrook Avenue, Randolph, NJ

(2) On-Premise Raffle, Employment Horizons, October 18, 2007, Meadow Wood Manor, 461 Route 10 East, Randolph, NJ, 6:00 p.m. to 10:00 p.m.

(3) Application for Social Affair Permit, Randolph Chemical Engine Co. #2, 340 Route 10, Randolph, NJ, October 4, 2007, 3:00 p.m. to 8:00 p.m.

K. Award Contract to Purchase One 9.6 Cubic-Yard Regenerative Air Vacuum Street Sweeper and Catch Basin Cleaner

R-234-07

WHEREAS, the Township of Randolph wishes to award a contract to purchase one 9.6 cubic yard Regenerative Air Vacuum Street Sweeper and Catch Basin Cleaner; and

WHEREAS, bids have been advertised and received on August 16, 2007, in accordance with the Local Public Contracts Law; and

WHEREAS, nine bid packets were mailed and one bid was received from Jet-Vac, Inc., Wharton, New Jersey, at a total price of $200,680.00; and

WHEREAS, Jet-Vac, Inc., meets all the specifications.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Jet-Vac, Inc., Wharton, New Jersey, at a total contract price of $200,680.00.

L. Authorize Agreement with YMCA to Provide Program for MAC “Community Rap”

R-235-07

WHEREAS, the Township of Randolph wishes to enter into an agreement with the West Morris YMCA to consult and coordinate the Municipal Alliance Community Rap Program; and

WHEREAS, both parties agree to abide by all the terms and conditions of said agreement, dated September 1, 2007.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor be authorized to sign this agreement.

M. Authorizing the Award of Professional Services Contract to Richard Cushing, Esq., as a Hearing Officer for Personnel Matters—$155.00 Per Hour

R-236-07

WHEREAS, the Township requires the services of a Hearing Officer to preside over the hearing with regard to certain disciplinary charges filed against a member of the Police Department of the Township of Randolph; and

WHEREAS, Section 2-327(d) of the Revised Ordinances of the Township of Randolph requires hearing officers to be a member in good standing of the bar of the State of New Jersey; and

WHEREAS, in consideration of Richard Cushing’s experience serving as a Hearing Officer with regard to similar matters, and his status as a member in good standing of the bar of the State of New Jersey, the Township has agreed to appoint Richard Cushing, Esq., of Gebhardt & Kiefer as Hearing Officer with regard to said disciplinary charges; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, the contract with Richard Cushing, Esq., for said service as a Hearing Officer is not anticipated to exceed $17,500.00, therefore the requirements of N.J.S.A. 19:44A-20.5 (Pay to Play Legislation) do not apply.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof, as follows:

1. The Township hereby retains and appoints Richard Cushing, Esq., of Gebhardt & Kiefer having an office at 1318 Route 31, P.O. Box 4001, Clinton, New Jersey, 08809, as Hearing Officer with regard to certain disciplinary charges filed against a member of the Police Department of the Township of Randolph.

2. Richard Cushing shall be compensated at the rate of $155.00 per hour.

3. The contract with said law firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The foregoing award is subject to receipt of a New Jersey Business Registration Certificate pursuant to N.J.S.A. 52:32-44.

5. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. The contract with Richard Cushing, Esq., for said service as a Hearing Officer is not anticipated to exceed $17,500.00, therefore the requirements of N.J.S.A. 19:44A-20.5 (Pay to Play Legislation) do not apply.

7. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

8. It is hereby directed that Notice of Award of this Contract shall be published at least once in the official designated newspaper of the Township within ten (10) days of the date hereof.

9. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 6, 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 2007 Budget, Legal, Other Expense, to award a contract to Richard Cushing of the firm Gebhardt & Kiefer as Hearing Officer with regard to certain charges filed against a member of the Police Department of the Township of Randolph at an hourly rate of $155.00 not to exceed $5,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

DISCUSSION ITEMS

(a) Sussex Turnpike

Manager Lovell reported that a meeting was held with the staff and the county to discuss a response to the state regarding renovations to Sussex Turnpike. The county would like Randolph Township to partner with them in returning to the bargaining table. It is his sense that the Freeholders are prepared to sit down with the DOT and request guarantees of matched contributions from the state in light of the state’s $3 million obligation to the repay the federal government for past studies. The Manager believes that partnering with the county is reasonable and requests approval from the council.

The council gave the Manager, along with Councilman Algeier and Councilman Napoliello, approval to move forward with the county in their negotiations with the DOT.

(b) Hunting—James Andrews County Park

Manager Lovell stated that a portion of James Andrews County Park will be open for deer hunting late this fall. The Parks Committee will be looking at an ordinance over the next two weeks dealing with this issue. There will be an extensive notification process for the affected property owners.

(c) E.A. Porter—42 Bennett Avenue

Manager Lovell noted that the township now owns the E.A. Porter property on Bennett Avenue. The council needs to discuss uses for this property so as to maximize its benefit to the Randolph taxpayers. He will discuss this issue further in Executive Session.

(d) Randolph Garden Center/Noise Ordinance

Manager Lovell noted that this issue has been around for quite some time and that he was asked by the council to look at what options exist. After extensive research and discussions, it was concluded that amending the noise ordinance creates potential difficulties for other businesses and residences in town and would require embracing a uniform noise ordinance promoted by the state. The garden center has grandfathered rights in this case, and at this time the Manager does not see an amicable solution to this issue.

(e) Council Legal Appointments in Compliance with Defense Indemnification Ordinance

The Manager noted that an advertisement for attorneys was done and a number of resumes have been returned. He and the Assistant Manager will pare down the list and provide those resumes to the council for review.

(f) Echo Lane

Hold until September 20

(g) Selection of Consulting Engineering—Design of Butterworth Interceptor Improvements

Hold until September 20

(h) Garden Apartment Escrows—Council Letter #31-07

Hold until September 20

(i) Litigation—Freeman, et al. v. Donna Marie Luciani, Clerk, et al.

Township Attorney Buzak stated that he wished to report publicly to the council regarding the litigation involving the referendum. The court has issued an injunction preventing the council from proceeding with the bond ordinance. The balance of the complaint remains unresolved and he has requested the court allow time for discovery. The remaining eight counts are directed toward the Township Clerk and her role in denying the petitions. He emphasized that the council has no power or authority to determine if a referendum is placed on the ballot. This determination lies with the Clerk.

He also stressed that Judge Bozonellis’ comments regarding the Clerk’s not granting certification were based on hearing one side of the argument and the township had not submitted its side at that time. While the council bears no role in determining the referendum, it does have an obligation to provide for the defense of the Clerk. There will be a meeting with the Clerk on Friday and they will see Judge Bozonellis on Monday.

Deputy Mayor Mitsch noted that members of the public have requested that the Council put this issue to referendum. In light of the attorney’s explanation, it is her belief that the Council is not authorized or legally capable of doing that.

Attorney Buzak stated that the Deputy Mayor is correct as it pertains to a binding referendum. He also noted that the council has been asked to repeal the bond ordinance, which does fall within their realm, however the same level of vote that adopted the ordinance would be needed to repeal the ordinance.

Councilman Metz noted that the bond ordinance authorizes $5.5 million for the construction of the pool, however the injunction will delay the construction for a year or so, and in the end $5.5 million may not be enough.

The Attorney noted that there is always the option of appealing the court’s decision by either side.

Councilman Algeier asked if it was a fair statement that that council is not authorized to instruct the Clerk as to what should or should not be done regarding certification of the petitions.

Mr. Buzak responded that he believes that to be a fair statement.

Councilman Algeier asked if he was correct in his understanding that the council did not have the power or ability to ask the judge to grant the relief and let the issue go to referendum.

Mr. Buzak stated that was correct.

Councilman Algeier asked if the members of the public who believe that the council could agree to a referendum are misinformed.

Mr. Buzak stated that was also correct. Mr. Buzak also noted that he has made it clear to the court that Randolph is interested in getting this matter resolved as quickly as possible, however he will not compromise the sense of the Clerk by short-circuiting the issues nor provide the Clerk with anything less than the adequate defense she deserves.

OPEN TO PUBLIC

Mrs. Trezza thanked the Manager and Council for considering situation regarding the garden center. While she understands the Council’s dilemma, she is still seeking guidance for a solution to her problems.

Councilman Algeier suggested the possibility of joining with other interested neighbors and seeking a solution in civil court.

Seeing no one else from the public, the public portion of the meeting was closed.

COUNCIL AND MANAGER COMMENTS

Councilwoman Price noted that, had the phone connection not been temporarily lost, she would have voted yes for the Combined Action Items.

Councilman Algeier reported that he will be participating in a 30 mile bike trip on September 23 and invited the other council members to join him.

Mayor Obremski noted that the final Stroll, Roll or Run event will be on October 14. There will be a wellness-themed festival with a country fair flavor to it at Freedom Park.

Manager Lovell thanked Councilwoman Price for her efforts in attending the meeting during her recuperation.

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) Randolph Industrial Park Complex Tax Appeal
(b) Personnel—Council Letter #29-07
(c) Unauthorized Consumption of Water—Claim—Council Letter #32-07
(d) Telecommunicators’ Contract
(e) Litigation—Randolph Mountain
(f) Litigation—Learning Experience
(g) E.A. Porter

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

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

Councilwoman Price made a motion to move into Executive Session. Councilman Metz seconded the motion

Attorney Buzak noted for the record that the litigation item regarding the pool referendum was deleted from the Executive Session as a result of his public comments to the council.

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 reopen to public session. Councilman Napoliello 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 approve the resolution regarding the tax appeal for the Randolph Industrial Park Complex. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

R-237-07

WHEREAS, Randolph Industrial Park Complex, the owner of the property located at Block 188, Lot 2, on the official tax maps of the Township of Randolph, also known as 166 South Salem 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 2006 and 2007; and

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

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2007 from a total assessment of $2,426,000.00 to a total assessment of $2,100,000.00; and

WHEREAS, the property owner has further agreed to waiver pre-judgment interest due on any refunds due as a result of the proposed settlement for tax year 2007; 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 Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax year 2007 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement for the 2007 tax year results in a total tax refund of $9,584.40.

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

1. The tax assessment on the subject property, located at Block 188, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $2,426,000.00 to a total assessment of $2,100,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $9,584.40 to the property owner, said refund being attributable to the reduction in the assessment for the 2007 tax year.

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

Councilman Algeier requested that Manager Lovell convey to Randolph’s Special Counsel for Tax Appeals the compliments of the Council for the fine work done in settling this in favorable terms for the township.

John Sharples was nominated to an unexpired term as Alternate #2 on the Board of Adjustment. Mr. Sharples will be resigning from the Environmental Committee.

Councilman Metz made a motion to approve the nomination of Mr. Sharples. Councilman Napoliello 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 authorize the Township Manager to sign a contract with the Telecommunicators of Randolph Township. 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

Manager Lovell reported that he met with Municipal Judge Ira Cohen and was advised that the judge is going to end the 3:00 p.m. court session effective in December. He will be scheduling court for an evening or two per month. The Manager senses that this may have a ripple effect on other boards and committees that meet at Town Hall during the week.

The Manager also reported that Randolph won their case against the Chabbad regarding the issue of parking.

Councilman Metz asked when the Council was going to be going paperless for their meetings.

Assistant Manager Russo responded that they expect to go paperless at either the September 20 or September 27 meeting.

ADJOURNMENT

The Mayor adjourned the meeting at 11:00 p.m.

Donna Marie Luciani
Acting 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 Obremski.

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price—via telephone
Deputy Mayor Mitsch
Mayor Obremski
Township Manager Lovell
Township Attorney Edward Buzak

Tax Appeal—Randolph Industrial Park Complex

Released May 1, 2008.

Personnel—Council Letter No. 29-07

Released May 1, 2008.

Unauthorized Consumption of Water—Claim—Council Letter No. 32-07

Manager Lovell explained to the Council the claim of unauthorized consumption of water by 3 Wilrich Glen Road located in Mendham Township. The property is currently owned by the Nolan-Carlucci family and was purchased in 2000. There was no attempt to deny a connection to the public water system and the owner stated that he believed the water was a part of his property tax bill which is in excess of $30,000.

Manager Lovell reviewed the staff’s calculations with the Council and recommended that the Township pursue the collection of $18,707.33

Telecommunicators’ Contract

Released May 1, 2008.

E.A. Porter

Manager Lovell informed the Council that the Township was now the owner of the E.A. Porter property located at 42 Bennet Avenue. Manager Lovell asked the Council to make a decision on how the property should be handled from this point forward.

Randolph Mountain

Do not release.

Litigation—Learning Experience

Manager Lovell informed the Council that a suit was filed by the Learning Experience against the Township Planning Board and the Township of Randolph in regards to the denial of the application by the Planning Board and the rezoning of the property located at the intersection of Dover Chester Road and Route 10. Manager Lovell stated that he will keep the Council updated on this matter.

_________________________
Donna Marie Luciani
Township Clerk