All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: August 6, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Deputy Mayor Alpert. 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 Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price (arrived 8:05 p.m.)
Deputy Mayor Alpert

ABSENT:
Councilman Obremski
Mayor Metz

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

Deputy Mayor Alpert led the Pledge of Allegiance.

INTRODUCTION OF ST. CLARE’S AMBULANCE SERVICE—Stephen Nicholl, Vice President, Public Affairs

Manager Lovell stated that Randolph has entered into a contract for daytime ambulance service with St. Clare’s and noted that the transition has been seamless.

Mr. Nicholl introduced himself to the Council and members of the public and stated that he appreciates the opportunity to work with Randolph for the next several years in this and in many other partnering endeavors.

OPEN TO PUBLIC

Gerard Cardillo, 23 Winchester Terrace, addressed the Council regarding an exorbitant water bill that has accumulated over the last several years. Since moving to his current home, the water bill has been based on estimated usage. Mr. Cardillo believed his bills were based on actual water usage and was unaware of the estimated readings. Mr. Cardillo is disputing the bill and brought his concerns to the Council for their consideration.

Manager Lovell responded that there have been problems town-wide with the meter reading system that had been managed by Verizon several years ago. The town recently completed the installation of a new radio read system for reading water meters. Mr. Cardillo’s bill was adjusted to take advantage of the lowest water rate in the block rate structure, however no payments have been made to date. While acknowledging that Mr. Cardillo could have chosen to conserve water and reduce his usage had he been aware of the problem, Manager Lovell indicated that the township has handled many cases like this and he does not feel that the bill could be reduced beyond what it already has been or waived. The Manager will contact Mr. Cardillo to discuss a timeframe for resolving this issue, and in the meantime Mr. Cardillo’s name will be removed from the tax sale list and his water will not be shut off.

Judith Stewart, 114 Everdale Road, noted that there are still a lot of deer in the area creating a hazard and supports another deer hunt. Mrs. Stewart commented that the proposed referendum question for the November ballot is a difficult proposition because while she wants more open space in Randolph, she does not want to pay more in taxes for it.

Jim McConnell, 45 Carrell Road, asked if hunters can chase wounded deer onto private property.

Manager Lovell responded that hunters first need to obtain the property owner’s permission to come on to the property.

Meryl Zweig, 12 Ridge Road, noted that she has expressed concern in the past on the issue of cell towers and is distressed that no one from the township notified her that the cell tower issue was on this agenda.

Deputy Mayor Alpert responded that the town web site contains the agendas for the Council meetings.

Manager Lovell suggested Ms. Zweig provide her email address to him so that he can notify her of future discussions on cell towers.

Ms. Zweig expressed her concerns over a cell tower the council is considering placing on property within 800 feet of the middle school.

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

APPROVAL OF COUNCIL MEETING MINUTES:

A. Regular Minutes:

(1) May 28, 2009

Councilman Algeier made a motion to approve the minutes as presented. Councilwoman Price seconded the motion and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilman Napoliello

ABSENT:
Councilman Obremski
Mayor Metz

(2) June 4, 2009

Councilman Algeier made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

ABSTAIN: Councilman Napoliello

ABSENT:
Councilman Obremski
Mayor Metz

(3) June 25, 2009

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

AYES:
Councilman Algeier
Councilman Napoliello

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

ABSENT:
Councilman Obremski
Mayor Metz

(4) July 2, 2009

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

AYES:
Councilman Algeier
Councilman Napoliello
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

ABSTAIN: Councilwoman Mitsch

ABSENT:
Councilman Obremski
Mayor Metz

B. Executive Minutes

(1) July 2, 2009

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

AYES:
Councilman Algeier
Councilman Napoliello
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

ABSTAIN: Councilwoman Mitsch

ABSENT:
Councilman Obremski
Mayor Metz

COUNCIL AND MANAGER REPORTS

Councilman Algeier reported that he attended a seminar sponsored by New Jersey Natural Gas concerning energy conservation and alternative sources of energy. He noted that there are many opportunities for partnering with utilities and provided the Manager with some materials he received at the seminar for further consideration. The Councilman reported that the MAC Committee held a special meeting in July where there were worthwhile discussions as to what programs would foster the goals of MAC dealing with drug and alcohol prevention, awareness, and abuse. He complimented Kim Garnett and Janet Polio from the MAC Committee on their handling of the meeting.

Councilwoman Price reported that plans are underway for coordinating H1N1 vaccination clinics in the fall with the school district. She noted that the clinics are voluntary.

Councilman Napoliello reported that the Planning Board approved a hotel that will be built at the Skylands property.

Manager Lovell noted that the Planning Board members and Council members who sat on the Master Plan Study Committee deserve credit for this improvement. During the review process for the master plan, a decision was made to change the zoning to make it compatible for the development of a hotel on that site because of concern that a high-density residential development could have been built at that location.

Deputy Mayor Alpert reported that he, Mayor Metz, Township Manager Lovell, and Assistant Manager Giaimis met recently with the new Superintendent of Schools. The township and the school district are partnering in many different areas that will result in tax savings for the town’s taxpayers.

Manager Lovell reported on Randolph’s contract with East Coast Sanitation, the company that collects garbage for all apartment complexes and dumpsters at various sites throughout the town. Manager Lovell was concerned when he learned that East Coast Sanitation did receive a Superior Court judgment against them. He contacted East Coast Sanitation and their bond company and is satisfied that there will be very little or no interruption of service while this issue is fully resolved.

HEARING—2009 Morris County Open Space Grant Application

Assistant Manager Giaimis noted that tonight will be the public hearing for the proposed application for this year’s Open Space Committee grant application for 232 South Salem Street which is adjacent to the proposed Habitat for Humanity site at 42 Bennett Avenue. The acquisition of this property would enable the construction of a tree-lined walkway for residents to access the shopping center in that area. The plan is consistent with the Master Plan and the State Redevelopment Plan. Mr. Giaimis asked for the Council’s support of a resolution attached to this item and noted that the Randolph Open Space Committee is in support of it as well.

Manager Lovell noted that he has been in contact with the current owners of the property who have indicated they would like to discuss the issue.

Councilman Algeier noted that the County Open Space Committee prefers to have a willing seller before approving grants and he cautioned Mr. Giaimis to pursue that aspect before presentation to the committee.

The Deputy Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, asked what the current zoning is for that property.

Mr. Giaimis responded that it is currently zoned office/residential.

Mrs. Stewart noted that she supports the application but would like to ensure that residents living behind this area have access to South Salem Street. Mrs. Stewart asked if the town will be providing a cross-walk or light for people to get across the street.

Mr. Giaimis responded that he has talked to the Township Engineer about that issue.

Lee Whilden, 82 Radtke Road, expressed her support of the application.

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

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

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

R-232-09

Resolution of Support for the Acquisition of 232 South Salem Street for Pedestrian Access to the Regional Shopping Center

WHEREAS, the Township of Randolph has considered several properties for the Morris County Open Space and Farmland Preservation Trust Fund Grant Program; and

WHEREAS, the Township has determined that the vacant property located at 232 South Salem Street is the most appropriate and competitive among those considered for recommendation to the Randolph Township Council; and

WHEREAS, the above referenced property will be adjacent to the EA Porter site and will provide a linear, tree-lined pedestrian connection to shopping areas for the residents of the proposed Habitat for Humanity affordable housing project; and

WHEREAS, we will explore the possibility of constructing a small playground adjacent to the proposed units; and

WHEREAS, the grant application requires a public hearing on the proposed properties including advertisement of same and the Township Council’s authorization to proceed with the grant applications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a public hearing on the 2009 Morris County Open Space and Farmland Preservation Trust Fund grant application was held on August 6, 2009, as advertised, and that the Mayor and Township Manager and Assistant Township Manager are hereby authorized to complete and execute all forms associated with this grant application.

DISCUSSION ITEMS

(1) Open Space Referendum Question

Manager Lovell introduced Jay Thompson, a resident who is a member of the Morris County Agricultural Development Board and a member of the Morris County Open Space Committee. He asked Mr. Thompson to talk about how the County has been looking at this issue over the last several years.

Mr. Thompson’s discussion included the following comments:

The County Open Space Trust Fund was approved by referendum in the early 1990s and the first funding round came in 1994
Each year the County Freeholders meet to set the tax rate
The County Committee is comprised of 15 members with term limitations
There have been 352 grant applications to date and 229 grants have been awarded
The County Open Space Tax Fund is divided up as follows: 25 percent to the Park Commission, 25 percent to farmland preservation, 25 percent to municipalities, 25 percent is discretionary, and 5 percent goes to ancillary costs
Historical preservation is first in line for the County Open Space Tax Fund
The County Park Commission has created a dedicated tax for the development of parks
Randolph’s open space tax fund dates back to 1992 and has been very successful, among the top five in the county.
The County is looking at applications now for smaller tracts of land as open space becomes less available, a situation not unique to Randolph
Towns are now wrestling with the issue of stewardship for the land they have preserved
The maintenance aspect has always been a hot topic of discussion at the county and is usually defeated as a county proposition
It is his recommendation that the Council not modify the present tax but to present the new idea to the voter in a separate question.

Manager Lovell’s comments included the following:

This started as a very simple concept that has gotten more complex because state statutes weigh in
The Township has two existing taxes in place at this time—an open space tax trust and a parks development fund
The proposal is to eliminate both of those taxes and to create, under statute, a tax entitled “Municipal Open Space Recreation, Farmland, and Historic Preservation Trust Fund”
The Manager believes that government is good at building things but not good at maintaining things
Some of Randolph’s parks are getting older and are in need of improvement and repair
The trails that were built on open space require maintenance
Some residents with properties abutting open space have encroached on those properties and those lands must be protected
This proposed tax would allow for the maintenance of our parks and open space into the future
Randolph will still look to acquire open space in the future
If this referendum does not pass, the existing trusts will remain in place

Manager Lovell noted there will be a resolution authorizing this referendum for the November ballot.

(2) White Tail Deer Hunt on Park and Open Space Lands

Manager Lovell noted that the designated dates for the deer hunt in James Andrews County Park this season will be on Mondays through Fridays from November 2 to December 4 and December 28 to February 19. The Manager asked if the Council would be interested in extending the hunt in James Andrews Park to Saturdays as well. The Council had asked the Manager to look into the use of county trails during the county hunts. The Manager has determined that in almost all county parks with few exceptions trails are open to hikers and bikers during hunting season. Typically warning signs are posted that a bow hunt is in progress. In the past, Randolph has closed their trails during the hunt, however the Manager is aware that the trails were used despite posted signs prohibiting entering the trail system. Manager Lovell noted that Randolph has partnered with Mendham Township and added contiguous open space to the Clyde Potts Watershed for their shot gun hunt. A resident, Russ Nee living at 65 Knickerbocker Avenue, will serve on Mendham’s committee as Randolph’s representative. Mendham will notify the Manager once they have designated the dates of that hunt so that signs can be posted and the trail system in Clyde Potts will be closed. There are other municipal properties, approximately 411 acres of open space that would benefit from a culling of the deer herd. The Manager suggested allowing Mr. Van Brunt to coordinate a bow hunt in this area, designating certain Fridays and Saturdays during the season. He would advertise for licensed hunters, require all hunters to review a safety video, require hunters to carry a map of the open space, and require all hunters to have a local and state license. At the end of the hunt, a completed questionnaire would be required for input. A local resident, Paul Rusik living at 22 South Road, has volunteered his services to help create this hunt.

Deputy Mayor Alpert asked if the Clyde Potts shot gun hunt is done from tree stands or on the ground.

Manager Lovell responded that the hunters shoot from tree stands after the deer are driven down to the lower part of the property.

Councilman Algeier supports the trails remaining open as they do in the county parks with proper postings and warnings. The Councilman would also support opening the 411 acres of municipal open space for a hunt this year.

Deputy Mayor Alpert asked if last season’s hunt at James Andrews was successful.

Manager Lovell responded that approximately 25 deer were killed. Many were does which will impact the population in subsequent years. The Manager reiterated the fact that it took several years for Morris County parks to begin to see any rejuvenation in the understory.

Lee Whilden, 82 Radtke Road, noted that the deer population seems even greater than in the past and stated that the trails are used heavily on weekends.

William Grassmyer, 22 Forrest Road, stated there is a heavy deer population in his area and asked what can be done to improve the situation.

Manager Lovell responded that adding Saturdays to the hunt will most likely improve the numbers of deer killed. However, hunting in residential areas is not possible since state statutes prohibit hunting within a certain distance from dwellings or buildings. Some towns have brought in snipers to cull the herd, however this is a very expensive undertaking. The Manager asked residents to be patient to allow the hunt a few more years to effectively cull the herds.

Council indicated approval for adding Saturdays to the hunt at James Andrews Park as well as conducting a hunt this year on the 411 acres of open space described by the Manager.

(3) Update on Architectural Services for Calais—SCC and Library

Manager Lovell summarized the progress being made on plans for the renovation to the Senior Community Center. His comments included the following:

The architect has come up with an attractive project that makes sense for the building
The senior citizens seem to like the proposed plans
There will be an addition to the building to house the office functions
There will be a renovation to the existing building
There is a proposal to tie in the Library into the Senior Community Center with a shared site plan
The design work will be done in-house
The Library is in need of a new roof and new siding at this time
It may be possible to install solar panels on the new roofs of both the Library and the Senior Community Center
The Manager hopes to have a proposed budget and drawings ready for Council review in November
If Council approves the plans, the Manager will present a bond ordinance in 2010 and construction will begin in 2010

(4) Cell Tower Study

Assistant Manager Giaimis updated the Council on this issue. His comments included:

The project entails replacing the existing tower behind Town Hall with a bigger tower that would include the communications equipment on there now and provide space for potential cell carriers
Two proposals from three companies have been received
The proposal Randolph sent out was broken down in a couple of different phases
The first phase would be a site assessment feasibility study looking at different options (i.e., owning versus leasing), carrier interest, and height of a new tower
Safety is always a concern
Phase one will address every issue of safety, based on sound science and will comply with all federal regulations regarding cell towers
Phase one will be presented to the Council in September for approval
Phase two will get into the technical aspects of design, construction, bidding, leasing negotiations, etc.
There is the potential of partnering with the County for a 911 and communications center
The staff has been diligently focusing on the issue of a cell tower for a long time

Councilman Algeier stated that he believes it’s a good plan in that it is a phased process where the idea can be pulled if Council decides it’s not worthwhile to pursue. He asked if the RFP could be made available to the public.

Mr. Giaimis responded that the RFP is a public record and interested parties could email him for a copy.

Councilman Algeier suggested including a brief outline of Mr. Giaimis’s presentation on the plan and the anticipated time table. The Councilman also suggested Ms. Zweig be notified of further discussions and given an opportunity to participate.

Meryl Zweig, 12 Ridge Road, noted her concerns regarding safety and the lack of research and health information available regarding children since the proposed tower will be so close to the high school and middle school.

Manager Lovell responded that the location for the proposed cell tower has not been determined. At this point, it is not known if a tower will even be built. The Manager would not be in favor of placing a dangerous structure near the schools or anyplace else in town and will ensure that whatever is done will be done using the best science available. He noted that he is open to all of Ms. Zweig’s concerns, however he can not close his eyes to the opportunity without first taking the first step outlined as phase one.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #18-09: Amending Fee Schedule to Increase the Sewer Connection Fees

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE SEWER CONNECTION FEE” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance deals with connection fees for people connecting into the sewer system. Randolph is following the state formula in place with this ordinance.

The Deputy Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE SEWER CONNECTION FEE” 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 Algeier made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

NAYS: None

NOT PRESENT: Councilman Napoliello

ABSENT:
Councilman Obremski
Mayor Metz

(2) Ordinance #19-09: Article IX, Fertilizers, of Chapter 24—Health and Sanitation

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE IX, FERTILIZERS, OF CHAPTER 24, HEALTH AND SANITATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that the Township is required to adopt this fertilizer ordinance by the state as part of our storm water license requirements. This ordinance will require homeowners to use lake friendly fertilizers in the future.

The Deputy Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE IX, FERTILIZERS, OF CHAPTER 24, HEALTH AND SANITATION, 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 Algeier reluctantly made a motion to adopt the ordinance.

Councilman Algeier noted that he does not support this ordinance as a matter of philosophy. The state is requiring the adoption of the ordinance. The Councilman believes that if the state wants to mandate it, the state should be the one to adopt and enforce it. Councilman Algeier doesn’t see how Randolph will be able to realistically enforce this ordinance and believes it would be better to educate the residents instead of passing a law.

Councilman Napoliello expressed his displeasure with the state mandating municipalities adopt such an ordinance.

Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

(3) Ordinance #20-09: Amending Land Development Chapter—Return of Application Fees for Withdrawal Applications

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.11, REFUND OF FEES, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated this ordinance will allow for greater discretion in the return of fees if someone withdraws an application in front of one of the boards.

The Deputy Mayor opened the meeting to the public for a hearing on the ordinance.

Judith Stewart, 114 Everdale Road, noted her concern that every applicant who withdraws an application will want the maximum fee returned and may begin litigation.

Manager Lovell responded that very few applications are actually withdrawn and of those, Randolph will provide a detailed accounting of how the fees are drawn on.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.11, REFUND OF FEES, OF THE LAND DEVELOPMENT ORDINANCE 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 Napoliello made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

(4) Ordinance #21-09: Chapter 31, Traffic and Vehicles—Stop Sign at Mohawk Place and Cushing Court

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-52 OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF AN INTERSECTION TO BE DESIGNATED AS A STOP INTERSECTION” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance comes about as a recommendation from a resident. The Township Engineer has provided a Memorandum of Justification.

The Deputy Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-52 OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF AN INTERSECTION TO BE DESIGNATED AS A STOP INTERSECTION” 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 Napoliello made a motion to adopt the ordinance. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

B. Introduction

(1) Amend Fee Schedule: Creating a Uniform Health Fee Schedule Between Roxbury and Randolph

Manager Lovell noted that Randolph is moving forward with plans to merge our health department with Roxbury. This ordinance will align the fee schedules between the two towns for the provision of services.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A, FEE SCHEDULE, AND CHAPTER 24, HEALTH AND SANITATION, ARTICLE VIII, MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS, 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 3rd of September, 2009, 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.

Manager Lovell noted that Randolph has been serving Rockaway Borough for a number of years and will continue doing in the future. Roxbury has had a relationship with Mine Hill and Wharton and will continue working with them as well. Manager Lovell and the Manager of Roxbury are meeting with the various towns and are committed to making this process of shared services a success.

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

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

(2) Regulating Donation of Clothing Bins

Manager Lovell noted that the ordinance presented is based upon a state model developed several months ago and distributed to municipalities. The Manager thinks it would be a good idea for Randolph for the following reasons:

There are organizations that place these bins in towns and the contents never go to a non-profit organization
This ordinance will ensure we know who is placing bins in town
Some of the bins currently in town are not well maintained
This ordinance will ensure we know who to contact for proper maintenance

Councilman Algeier made the following suggestions:

Have the application determine whether the property owner is receiving compensation for the placement of a bin
Stipulate that no organization can be listed on the bin that is not participating in revenue from the donations
Randolph should have the discretion of revoking a permit immediately if there is a change in the compensation aspect that is not reported in a timely manner
Randolph should have the ability to revoke the permit if there is spillage that is not addressed in a timely fashion

Manager Lovell stated that he will pull the proposed ordinance and have it back before the Council at the next work session.

(3) Mid-Block Crossing Certification—Quaker Church Road

Manager Lovell noted that this ordinance will allow improved enforcement for drivers who ignore walkers in a cross-walk.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT AND SUPPLEMENT TO CHAPTER 31, TRAFFIC AND VEHICLES, ARTICLE III, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, 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 3rd of September 2009, 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.

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

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

COMBINED ACTION ITEMS

Councilman Algeier asked that Item O be pulled for discussion.

Councilwoman Mitsch made a motion to approve the Combined Action Items with the exception of Item O. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

A. Refund/Adjustment Resolutions

(1) Refund Day Camp Registration to James and Angela Donnelly—$507.17

R-233-09

WHEREAS, James and Angela Donnelly registered their child for Day Camp and paid the fee of $745.00; and

WHEREAS, their son will not be attending the Day Camp due to circumstances and/or concerns regarding their son’s disability.

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 $507.14 be refunded to James and Angela Donnelly, 26 Red Barn Lane, Randolph, NJ 07869.

(2) Refund Registration for Junior American Legion Baseball Team to Jenny Puzia—$340.00

R-234-09

WHEREAS, Jenny Puzia registered her child for the Junior American Legion Baseball Team and paid the fee of $340.00; and

WHEREAS, her son will not be participating in the Junior American Legion Baseball Team due to a conflict.

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 $340.00 be refunded to Jenny Puzia, 11 Diane Court, Randolph, NJ 07869.

(3) Refund Registration for 2009 Fall Artworks Program to Lauren Blutig—$360.00

R-235-09

WHEREAS, Lauren Blutig registered her child for the 2009 Fall Artworks Program and paid the fee of $360.00; and

WHEREAS, the child will not be participating due to parent signing the child up incorrectly using the online services; and

WHEREAS, the child is now registered for the correct class.

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 $360.00 be refunded to Lauren Blutig, 45 Musiker Avenue, Randolph, NJ 07869.

(4) Release Escrow Funds to Sunrise Development—$71.44

R-236-09

WHEREAS, the Planning and Zoning Department received escrow funds from Sunrise Development, Inc; 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 for the following amount, $71.44 plus interest, be refunded to Sunrise Development, Inc., 711 E. Lancaster Street, Villanova, Pennsylvania 19055.

(5) Release Escrow Funds to Rand Homes Corporation—$750.50

R-237-09

WHEREAS, the Planning and Zoning Department received escrow funds from Rand Homes, Inc.; 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 $750.50 be refunded to Rand Homes Corporation, P.O. Box 419, 219 Main Street, Ledgewood, NJ 07852.

(6) Release Escrow Funds to Niki Tsekouras for Block 108, Lot 23—$2,637.50 and Giuseppe Giangelo of Marcella’s Pizzeria, Block 35, Lot 4—$1,571.00 and Frances Bertrand—$811.00

R-238-09

WHEREAS, the Planning and Zoning Department received escrow funds from:

Giuseppe Giangelo, Marcell’s Pizzeria	Block 35, Lot 4
Frances Bertrand	Block 201, Lot 20
Niki Tsekouras	Block 108, Lot 23

And

WHEREAS, the projects have been completed and closed out and there are no outstanding payments due.

Acct. #294792	Name: Giuseppe Giangelo	Amt. $2,637.50
Acct. #294806	Name: Frances Bertrand	Amt. $811.00
Acct #155776	Name: Niki Tsekouras	Amt. $1,571.00

(7) Release Escrow Funds for Mt. Ventures, LLC, for Mt. Freedom Golf—$1,883.50

R-239-09

WHEREAS, the Planning and Zoning Department received escrow funds from Mt. Ventures, LLC, Block 86, Lot 63; 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 $1,883.50 be refunded to Account #294787, Mt. Ventures, LLC, t/a Mt. Freedom Golf.

(8) Refund Portion of Teen Travel Camp Registration to Albert Medina—$685.00

R-240-09

WHEREAS, Albert Medina registered his child for Teen Travel Camp and paid the fee of $885.00; and

WHEREAS, his son will not be attending the Teen Travel Camp due to conflicts in school schedules.

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 $685.00 be refunded to Albert Medina, 19 Rose Way, Randolph, NJ 07869.

(9) Refund Overpayment of 2009 Taxes to Hebrew Congregation of Mt. Freedom—$635.85

R-241-09

WHEREAS, the Hebrew Congregation of Mt. Freedom has overpaid 2009 taxes in the amount of $635.85 on Block 224, Lot 19, 7 Phyllis Place; 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 $635.85 to the Hebrew Congregation of Mt. Freedom.

(10) Refund Overpayment of Taxes for 2009 to Janak and Katki Patel—$1,216.15

R-242-09

WHEREAS, Janak and Katki Patel have been granted a reduction in assessed valuation for the tax year 2009 by the Morris County Board of Taxation on Block 176, Lot 48, known as 270A Washington Valley Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $1,216.15.

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 $1,216.15 to Janak and Katki Patel.

(11) Refund Overpayment of 2009 Taxes Due to County Judgment To Church Alive—$6,576.73

R-243-09

WHEREAS, Church Alive, Inc., has overpaid 2009 taxes in the amount of $6,576.73 due to County Judgment exemption on Block 51, Lot 9.29, 14 Kingsbrook Court; 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 $6,576.73 to Church Alive, Inc..

(12) Refund Overpayment of 2009 Taxes Due to Tax Exempt Veteran Status—Stephen and Anna Vandling—$2,920.95

R-244-09

WHEREAS, Stephen and Anna Vandling have overpaid 2009 taxes by reason of tax exempt veteran in the amount of $2,920.95 on Block 46.01, Lot 38, 106 Morris Turnpike; 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 $2,920.95 to Stephen and Anna Vandling..

(13) Refund Overpayment of 2009 Taxes Due to Tax Exempt Veteran Status—Emerson and Karen Crooks

R-245-09

WHEREAS, Emerson and Karen Crooks have overpaid 2009 taxes by reason of tax exempt veteran in the amount of $2,028.25 on Block 86, Lot 10, 40 Carrell Road; 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 $2,028.25 to Emerson and Karen Crooks.

(14) Release Tree Bond Posted to Judith Schiller—$1,000.00

R-246-09

WHEREAS, the Planning and Zoning Department received a tree bond posted by Judith Schiller for Block 217, Lot 7, in the amount of $1,000.00; and

WHEREAS, all of the requirements have been met and completed.

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 tree bond in the amount of $1,000.00 be refunded to Judith Schiller, 12 Chestnut Hill Road, Randolph, NJ 07869.

(15) Release of Police Detail Escrow to Randolph Soccer Club—$450.00 and Randolph Restaurants, LLC—$50.00

R-247-09

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Randolph Soccer Club $450.00
Randolph Restaurants, LLC $50.00

(16) Release of Police Detail Escrow to Pace, Inc.—$284.00

R-248-09

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

PACE, Inc. $284.00

(17) Release Road Opening Cash Bond for 20 Georgian Road to Philip Sporn—$500.00

R-249-09

WHEREAS, the Engineering Department has received a request from Philip Sporn for the release of a $500.00 cash road opening bond posted for a curb cut; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on June 3, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the curb cut within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Philip Sporn, 20 Georgian Road, Randolph, NJ 07869.

(18) Release Road Opening Cash Bond for 2 Quail Run to Karen Tynan—$500.00

R-250-09

WHEREAS, the Engineering Department has received a request from Glenn Tynan for the release of a $500.00 cash road opening bond posted for the installation of pavers; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 29, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of pavers within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

(19) Release Road Opening Cash Bond for 22 Shongum Road to Kenneth French—$500.00

R-251-09

WHEREAS, the Engineering Department has received a request from Kenneth French for the release of a $500.00 cash road opening bond posted for driveway repair; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 24, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway repair within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Kenneth French, 22 Shongum Road, Randolph, NJ 07869.

(20) Release Road Opening Cash Bond for 5 Berry Lane to Jennifer Golub—$500.00

R-252-09

WHEREAS, the Engineering Department has received a request from Jennifer Golub for the release of a $500.00 cash road opening bond posted for the installation of a walkway; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 24, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of a walkway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Jennifer Golub, 5 Berry Lane, Randolph, NJ 07869.

(21) Release Road Opening Cash Bond for 268 Center Grove Road to Claudia Casson—$500.00

R-253-09

WHEREAS, the Engineering Department has received a request from Claudia Casson for the release of a $500.00 cash road opening bond posted for the installation of a water service; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 22, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of a water service within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Claudia Casson, 268 Center Grove Road, Randolph, NJ 07869.

(22) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 52, Lot 2.08—$6,003.48

R-254-09

WHEREAS, Block 52, Lot 2.08, was dedicated to Randolph Township by deed from Hertz Homes; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 52, Lot 2.08, for the 2009 assessment of $193,100.00 and 2009 taxes in the amount of $6,003.48.

(23) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 92, Lot 25—$5,297.74

R-255-09

WHEREAS, Block 92, Lot 25, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 92, Lot 25, for the assessment of $170,400.00 resulting in a tax amount of $5,297.74.

(24) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 147, Lot 14—$6,830.71

R-256-09

WHEREAS, Block 147, Lot 14, was purchased by Randolph Township by deed from the Wright Estate; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 147, Lot 14, for the assessment of $252,300.00 resulting in a tax amount of $6,830.71.

(25) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 92, Lot 24—$628.02

R-257-09

WHEREAS, Block 92, Lot 24, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 92, Lot 24, for the assessment of $20,200.00 resulting in a tax amount of $628.02.

(26) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 92, Lot 4—$1,215.62

R-258-09

WHEREAS, Block 92, Lot 4, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 92, Lot 4, for the assessment of $39,100.00 resulting in a tax amount of $1,215.62.

(27) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 91, Lot 3—$581.38

R-259-09

WHEREAS, Block 91, Lot 3, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 91, Lot 3, for the assessment of $18,700.00 resulting in a tax amount of $581.38.

(28) Credit Account for Property Deeded to Randolph Township For 2009 Taxes on Block 91, Lot 2—$1,632.23

R-260-09

WHEREAS, Block 91, Lot 2, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 91, Lot 2, for the assessment of $52,500.00 resulting in a tax amount of $1,632.23.

(29) Credit Account for Property Deeded to Randolph Township on Block 146, Lot 79Q—$37.45

R-261-09

WHEREAS, Block 146, Lot 79Q, was purchased by Randolph Township by deed from Ray Rebernick; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 146, Lot 79Q, for the assessment of $800.00 resulting in a tax amount of $37.45.

(30) Credit Account for Property Deeded to Randolph Township on Block 88, Lot 12—$1,299.56

R-262-09

WHEREAS, Block 88, Lot 12, was purchased by Randolph Township by deed from W.E.W. Assoc.; and

WHEREAS, this lot should be tax exempt in 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 88, Lot 12, for the assessment of $41,800.00 resulting in a tax amount of $1,299.56.

(31) Credit Account for Block 77, Lot 31, for Overpayment of Property Taxes—$15,545.00

R-263-09

WHEREAS, Block 77, Lot 31, known as Center Grove Assoc., was assessed in the 2009 Tax List for a total of $6,888,200.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $6,388,200.00 for 2009 and the judgment was not received until after the close of the 2009 book, which will result in an overpayment of $15,545.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 77, Lot 31, in the amount of $15,545.00 to adjust for the over-assessment of $500,000.00.

(32) Credit Account for Block 77, Lot 30, for Overpayment of Property Taxes—$55,393.05

R-264-09

WHEREAS, Block 77, Lot 30, known as Center Grove Assoc., was assessed in the 2009 Tax List for a total of $26,830,700.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $25,049,000.00 for 2009 and the judgment was not received until after the close of the 2009 book, which will result in an overpayment of $55,393.05.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 77, Lot 30, in the amount of $55,393.05 to adjust for the over-assessment of $1,781,700.00.

(33) Credit Account for Block 77, Lot 25, for Overpayment of Property Taxes—$31,090.00

R-265-09

WHEREAS, Block 77, Lot 25, known as Center Grove Assoc., was assessed in the 2009 Tax List for a total of $16,442,800.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $15,442,800.00 for 2009 and the judgment was not received until after the close of the 2009 book, which will result in an overpayment of $31,090.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 77, Lot 25, in the amount of $31,090.00 to adjust for the over-assessment of $1,000,000.00.

B. Awarding Contract for the Mt. Freedom Water Tank Rehabilitation Project to US Tank Painting—$301,000.00

R-266-09

WHEREAS, the Township wishes to award a contract for the Rehabilitation of the Mount Freedom Water Tank; and

WHEREAS, thirteen bid packets were picked up at Hatch Mott MacDonald, Millburn, New Jersey, and eight bids were received on July 23, 2009; and

WHEREAS, the evaluation of bids is based upon the total amount of the Base Bid plus Supplemental Bid Items up to the limit of available funding in the order of the supplemental bid items; and

WHEREAS, funds are available to complete base bid plus all supplemental items; and

WHEREAS, U.S. Tank Painting, Inc., Millstone, New Jersey, is the lowest bidder for the total base bid of $201,000.00, plus all supplemental items totaling $100,000.00, for a total contract price of $301,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to U.S. Tank Painting, Inc., Millstone, New Jersey, at a total contract price of $301,000.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 6, 2009

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 Ordinances #17-08 and #12-09 to award a contract to U.S. Tank Painting, Inc., for the Rehabilitation of the Mount Freedom Water Tank in the amount not to exceed $301,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Rescission of MCCPC Contract #46 From EMR Power Systems and Re-Awarding to Performance Plus

R-267-09

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a contract on June 25, 2009, to EMR Power Systems LLC for submitting the overall low bid for Contract #46 (Preventive Maintenance/Repair of Emergency Generators) for contract period (3 years—July 1, 2009, to June 30, 2012); and

WHEREAS, due to the protest of the initial award to EMR Power Systems LLC by another bidder (Performance Plus) of Southampton, New Jersey, a re-calculation of the bids received was initiated and it was found that Performance Plus was the actual overall low bidder for the contract; and

WHEREAS, it is in the MCCPC’s interest to rescind the initial contract award from EMR Power Systems LLC and re-award Contract #46 (Preventive Maintenance/Repair of Emergency Generators) to the actual overall low bidder (Performance Plus) for the contract period (3 years—July 1, 2009, to June 30, 2012).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that MCCPC Contract #46 (Preventive Maintenance/Repair of Emergency Generators) be rescinded from EMR Power Systems LLC and re-awarded to Performance Plus of Southampton, New Jersey, for 3 years—July 1, 2009, to June 30, 2012.

D. Authorize Award of MCCPC Spring Contracts by Coin-Toss for Contracts #20-B, #25, and #40

R-268-09

WHEREAS, on July 14, 2009, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council conducted a coin-toss lottery as a result of tie bids received on May 12, 2009, for portions of Contracts #20-B, #25, and #40 within contract period July 1, 2009, to June 30, 2010; and

WHEREAS, the winners of the above-mentioned coin-toss lottery appear in the summary below:

Contract #20-B—Sporting Goods

Category A: Football Equipment

Item #3 (Shoulder Pad Laces): Coin-toss between Metuchen Center and R&R Trophy & Sporting Goods.
R&R Trophy & Sporting Goods won the coin-toss at $.12/each

Contract #25—Janitorial Supplies

Category B: Utility Products

Item #18 (Plastic Trigger Hand Sprayers): Coin-toss between Bio-Shine and Eagle Maintenance Supply
Eagle Maintenance Supply won the coin-toss at $.54/each

Contract #40—Personal Protection Items & Equipment for Emergency Personnel

Category A: Personal Protection Items

Item #38 (Lacrosse Footwear): Coin-toss between Airgas East and Safeware, Inc.
Airgas East won the coin-toss at 15% discount

Item #44 (Tingley): Coin-toss between Safeware, Inc. and Gen-El Safety & Industrial Products, LLC
Safeware, Inc. won the coin-toss at 26.10% discount

Item #61 (Helly Hansen): Coin-toss between Firefighter One and Guard Line Fire & Safety
Guard Line Fire & Safety won the coin-toss at 25.1% discount

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-mentioned items in Contracts #20-B (Sporting Goods), #25 (Janitorial Supplies), and #40 (Personal Protection Items and Equipment for Emergency Personnel) be awarded to the vendors noted herein within contract period July 1, 2009, to June 30, 2010.

E. Authorize Rescission of a Portion of MCCPC Contract #40—Safeware, Inc.

R-269-09

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a portion of Contract #40 on June 25, 2009, to Safeware, Incorporated, for Item #44 (Tingley Brand) in Category A (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, Item #44 was erroneously awarded to Safeware, Inc., due to another vendor (Gen-El Safety & Industrial Products, LLC) bidding the identical highest discount for the Tingley brand product; and

WHEREAS, Safeware, Inc., submitted a high discount of 26.10% and Gen-El Safety & Industrial Products, LLC, submitted a high discount of 26.1%, which are identical for Item #44 in MCCPC Contract #40; and

WHEREAS, the procedure when vendors submit the identical same price or highest discount is the scheduling of a coin-toss lottery to determine the successful bidder; and

WHEREAS, it is in the best interest of the MCCPC to rescind a portion of Safeware, Inc.’s initial contract award for Item #44 and schedule a coin-toss between Gen-El Safety & Industrial Products, LLC, and Safeware, Inc.

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 #44 (Tingley Brand) in Category A (Personal Protection Items) of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) be rescinded from Safeware, Inc., and a coin-toss lottery to be scheduled to determine the successful bidder.

F. Authorizing Purchases From NJ State Contract #T0106 for the Replacement of Body Armor for Police Officers—Not to Exceed $70,000.00

R-270-09

WHEREAS, the Township of Randolph wishes to purchase replacement body armor for police officers; and

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0106 for Police and Homeland Security Equipment and Supplies from various vendors; and

WHEREAS, a previous resolution was approved for an amount not to exceed $40,000.00 for general purchases and needs to increase that amount by $30,000.00 for this special purchase; and

WHEREAS, the combined purchases from Contract #T0106 will not exceed $70,000.00 without further approval.

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 purchase body armor from New Jersey State Contract #T0106.

G. Awarding a Contract for the Shongum Road Sewer Construction Project to Matina & Sons, Inc.—$67,800.22

R-271-09

WHEREAS, the Township wishes to award a contract for the Shongum Road Sewer Construction Project; and

WHEREAS, bids were advertised and received on July 16, 2009, in accordance with the Local Public Contracts Law; and

WHEREAS, sixteen bid packets were picked up and fourteen bids were received; and

WHEREAS, Matina & Son, Inc., Hackensack, New Jersey, was the low bidder and meets all the specifications at a total contract price of $67,800.22.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Matina & Son, Inc., Hackensack, New Jersey, at a total contract price of $67,800.22.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 6, 2009

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 #10-09 to award a contract to Matina & Son, Inc., for the Shongum Road Sewer Construction Project in the amount not to exceed $67,800.22.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Cancellation of Outstanding Check Issued to Toll Brothers—$721.25

R-272-09

WHEREAS, Check #1707 issued to Toll Brothers in 2008 in the amount of $721.25 from the Developers’ Escrow Account is currently outstanding; and

WHEREAS, the Finance Department has sent numerous letters with no response; and

WHEREAS, it is recommended by the Finance Director that Check #1707 payable to Toll Brothers in the amount of $721.25 from the Developers’ Escrow Account be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to cancel Check #1707 issued to Toll Brothers from the Developers’ Escrow Account in the amount of $721.25 to the Randolph Township General Account - Fund Balance.

I. Authorize Municipal Alliance Committee to Apply for Grant From the Governor’s Council on Alcoholism and Drug Abuse in the Amount of $18,005.00

R-273-09

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of all ages; and

WHEREAS, the Township of Randolph further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township of Randolph has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, County of Morris, State of New Jersey, hereby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2010 in the amount of $18,005.00.

2. The Township of Randolph acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

J. Authorizing Mayor to Sign Contract Between West Morris YMCA and MAC for the RAP Program

R-274-09

WHEREAS, there is a need to enter into a contract between the West Morris YMCA and MAC for the Rap Program; and

WHEREAS, the contract becomes effective September 1, 2009; and

WHEREAS, both parties agree to the terms of this contract.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract between the West Morris YMCA and MAC.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

K. Authorize Approval of Developers’ Agreement for Greenview Mendham, Inc.

R-275-09

WHEREAS, Greenview Mendham, Inc., has previously obtained a lot line adjustment for a minor subdivision from the Township of Randolph Planning Board and a preliminary and final major subdivision approval from the Mendham Township Planning Board for the development located at Block 123, Lots 24, 25, 33, and 34, in the Township of Mendham and Block 227, Lot 72, in the Township of Randolph; and

WHEREAS, the Township of Randolph and Greenview Mendham, Inc., wish to enter into a Developer’s Agreement setting forth the rights, duties and obligations of the parties in connection with said development.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Mayor and Township Clerk are hereby authorized and directed to execute the Developer’s Agreement between the Township and Greenview Mendham, Inc., a copy of which is on file in the Township Clerk’s Office.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to provide the original fully executed Developer’s Agreement to the Special Township Counsel for recording in the Morris County Clerk’s Office.

This Resolution shall take effect immediately.

L. Awarding Professional Services Agreement to PK Environmental for Site Investigation and Additional Remedial Action Report—Carco Tract—Not to Exceed $6,950.00

R-276-09

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

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

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

WHEREAS, PK Environmental has indicated they will provide the Site Investigation and Additional Remedial Action Report for Block 93, Lots 21, 22, 24, 25, 34, 35, 41 (Carco Tract—59 Acres) at a cost of $750.00 for Task 1 and $6,200.00 for Task 2 for an amount not to exceed $6,950.00; and

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

WHEREAS, funds are available for this purpose.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 6, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2009 Budget, Building and Grounds, Other Expense, to award a contract to PK Environmental for the Site Investigation and Additional Remedial Action Report—Block 93, Lots 21, 22, 24, 25, 34, 35 and 41 (Carco Tract—59 Acres) in the amount not to exceed $6,950.00..

____________________________
Michael J. Soccio
Chief Financial Officer

M. Professional Services Agreement with Thomas Benedetti, Esq., to Represent Sgt. Gomez in the Matter of Bailey v. Randolph et al—$130.00 Per Hour—Not to Exceed $2,500.00

R-277-09

WHEREAS, the Township of Randolph has a need to acquire Thomas J. Benedetti of Azzolini & Benedetti, LLC, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, Thomas J. Benedetti of Azzolini & Benedetti, LLC, has indicated they will provide the Legal Services with regard to Defense of Civil Actions Against Public Employees for an amount not to exceed $2,500.00; and

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

WHEREAS, funds are available for this purpose.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 6, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2009 Budget, Legal, Other Expense, to award a contract to Thomas J. Benedetti of Azzolini & Benedetti, LLC, for Legal Services with Regard to Defense of Civil Actions Against Public Employees in the amount not to exceed $2,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

N. Professional Services Agreement with Arthur Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as Special Legal Counsel for the Police Department—Revised Rules, Regs/Policies And Procedures and Disciplinary Matter—$145.00 Per Hour—Not to Exceed $12,000.00

R-278-09

WHEREAS, the Township of Randolph has a need to acquire Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has indicated they will provide the Special Police Counsel Services at a rate of $145.00 per hour for an amount not to exceed $12,000.00; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has completed and submitted a Business Entity Disclosure Certification which certifies that Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 6, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2009 Budget, Police, Other Expense, to award a contract to Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy for Special Counsel for the Police Department in the amount not to exceed $12,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

O. Morris March for Military Families

Acted on separately.

P. Open Space Referendum Question

R-279-09

WHEREAS, N.J.S.A. 40:12-15.7 et seq. permits the governing body of any municipality to submit to the voters of the municipality in a general or special election a proposition authorizing the imposition of an annual tax levy for an amount or at a rate deemed appropriate for the acquisition, development or maintenance of lands for recreation and conservation purposes or the payment of debt service on indebtedness issued or incurred by the municipality for the above purposes; and

WHEREAS, the Township of Randolph desires to authorize the submission of such a proposition to the voters as set forth hereinafter.

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

1. Pursuant to N.J.S.A. 40:12-15.7 et seq., the Township of Randolph hereby determines to submit the following proposition to the voters at the next General Election on November 10, 2009:

PROPOSITION

Shall the Township of Randolph, County of Morris, adopt an Ordinance Establishing a “Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund” which shall have, without limitation, the following provisions:

1. The Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund shall be funded through the imposition and collection of a tax not to exceed THREE CENTS ($0.03) per ONE HUNDRED DOLLARS ($100.00) of assessed valuation for any or all of the following purposes:

(a) Acquisition of lands for recreation and conservation purposes;

(b) Development of lands acquired for recreation and conservation purposes;

(d) The development and redevelopment of parks and recreation areas;

(e) Payment of debt service on indebtedness issued or incurred by the Township of Randolph for any of the purposes set forth above.

2. The amount or rate of the annual levy will be subdivided into the various respective purposes specified above by the governing body of the Township of Randolph after the conducting of at least one public hearing thereon, subsequent to the approval of this proposition by the voters.

3. Lands acquired by the Township of Randolph using revenue raised pursuant to this tax authorization shall be held in trust and shall be used exclusively for the purposes authorized under N.J.S.A. 40:12-15.1 et seq.

4. The Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund created by the Township of Randolph shall be administered in accordance with the applicable statutory provisions including, without limitation, N.J.S.A. 40:12-15.1 et seq.

EXPLANATORY STATEMENT

A yes vote will not raise your taxes, and a no vote will not lower your taxes.

History: In the 1990s, voters in Randolph approved two cutting-edge referendums. The Open Space Trust Fund dedicates $0.02 per $100.00 of assessed value to support the purchase of open space. The Parks Trust Fund dedicates $0.01 per $100.00 of assessed value to support the building and on-going maintenance and improvements to our park system. These two trust funds enabled Randolph to acquire 1,362 acres of open space, build our trail system, and develop Freedom Park.

Present Day: Open space property, our trails and parks require maintenance and upkeep. Some of the open space purchased requires clean-up to allow for passive recreational use. Trails require maintenance from erosion and tree damage. Bridges also require regular maintenance in order to ensure their safety. In addition, encroachment from neighboring properties has damaged sensitive lands that must be returned to a healthy state. Most of our parks are more than 30 years old and require repairs and replacement of some supporting buildings, playgrounds, and athletic fields.

The Township would have preferred a very simple amendment to current ordinances, but New Jersey mandates the added and complex language you seen in the above referendum question. Most of the best open space lands has been bought. Now Randolph must be good stewards of what we own.

Future: The new Fund being created by the referendum will be called the Municipal Open Space, Recreation, Farmland and Historic Preservation Trust Fund. The funding will remain at $0.03 per $100.00 of assessed value, the same amount at the $0.02 and $0.01 assessments from the Open Space and Parks Trust Funds combined. We will be able to purchase additional open space, but the new trust fund will allow for the emphasis to shift to protection, improvements, maintenance and rehabilitation, which is currently not permitted under the current two trust funds. Any further change to the intent and spirit of the new referendum would need voter approval.

2. The Morris County Clerk is hereby requested to print the above Proposition and Explanatory Statement on the Official Ballots for the General Election to be held on November 10, 2009.

3. The Township Clerk, with the advice of the Township Attorney, is hereby authorized and directed to make any minor and insubstantial changes in the form of the Proposition or Explanatory Statement, provided that any such changes shall not modify any of the substantive provisions of the Proposition or Explanatory Statement.

4. This Resolution shall take effect immediately.

Q. Raffles

(1) Special Permit for Social Affair, Resurrection Parish (Social Committee), September 20, 2009 From 1:00 p.m. to 6:00 p.m., 651 Millbrook Avenue, Randolph

(2) Off-Premise 50/50, Randolph PTA Council, December 5, 2009 At 8:00 p.m., Randolph High School Library, 511 Millbrook Avenue, Randolph

(3) Off-Premise 50/50, Randolph High School Soccer Booster Club, October 15, 2009 at 7:00 p.m., Randolph Soccer Field

Councilman Algeier noted that the Morris County Chamber of Commerce was working with Leadership Morris and the United Way to raise money for families of Morris County soldiers serving in war zones. The Councilman is participating in a bike tour and would like to use this event as a way to raise money for the military families. This resolution indicates Randolph’s support for both the March for Morris Families as well as Councilman Algeier’s 30-mile bike tour.

Councilman Napoliello made a motion to approve Item O. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

Resolution—Morris March for Military Families

R-280-09

WHEREAS, on Sunday, September 27, 2009, the United Way of Morris County and the Morris County Chamber of Commerce’s Leadership Morris Program will co-host the Morris March for Military Families; and

WHEREAS, funds generated from the March will support Project Front Line Morris, a community partnership raising awareness and improving access to local resources for military families; and

WHEREAS, funding for the United Way of Morris County’s Front Line Fund is provided exclusively through the generous contributions of corporations, organizations, and individuals; and

WHEREAS, all proceeds raised by the Morris March for Military Families will go to the Front Line Fund to ensure resources are available to meet the needs of military families as they arise; and

WHEREAS, Councilman Gary Algeier is showing his support by participating in a 30-mile bike tour known as the Twin Lights Bike Tour on September 26 and using his ride as a fundraiser for the Morris March for Military Families.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that Randolph fully supports the efforts of Councilman Algeier and the Morris March for Military Families.

BE IT FURTHER RESOLVED by the Town Council that all Randolph businesses and residents are called upon to contribute and/or participate in the Morris March for Military Families as a sign of collective support for America’s military families.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted there were no maps available in the public packet regarding the open space grant application or the proposed hunt.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that the Star Ledger listed the communities who were awarded grants for hiring additional police officers. Randolph did not get a grant. The Councilman noted that New York City, ground zero, also did not receive any grant money for additional police. This article reinforced the difficulties communities are having with their budgets. Several years ago there was a push from members of the community to add six additional police officers in Randolph. According to the newspaper article, many towns are having to lay off or re-assign members of their police force due to budget constraints. The Councilman believes that Randolph has done the best job possible given the finances and difficulty of the economy.

Councilwoman Price noted that the Pathmark in town will soon be closing. She asked if there have been any negotiations with the property owner to see if any renovations can be done to enhance the complex.

Manager Lovell responded that he has made contact with the owner twice over the last several years and will be calling him again in the next several days. However, the owner has made it clear that he has no interest in undertaking a study of the site to see if improvements could be made.

Councilman Algeier stated that he attended a summer concert at the Library recently. It was a very good program and was well attended. He noted, however, that the gazebo where the performers played was not well lit and it detracted considerably from the program. The Councilman noted that many of the concerts are professional and there should be a better venue for them in which to perform. He suggested including a portion of the budget that will be spent renovating the library be used to improve the concert facility.

The Manager agreed and will look into an upgrade.

Councilman Algeier also noted that the playground in the area is distracting as well. Although the playground is closed during performances, children often are playing on the equipment. The Councilman would like to have a better system in place whereby the playground would remain closed during concert performances. Councilman Algeier noted that there were two smokers at the concert and no one seemed to complain.

Manager Lovell thanked everyone at the table for their well wishes for his wife.

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. Chabad
B. Tax Appeals

(1) Verizon Communications, Inc.
(2) Heritage Village, Inc.

C. Harbor Hills Day Camp

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 Napoliello made a motion to move to Executive Session at 10:50 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

Councilwoman Price made a motion to return to Open Session at 11:25 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Obremski
Mayor Metz

Councilwoman Price made a motion to approve the two tax appeals as recommended by the attorney and Assessor. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price

NAYS: None

ABSENT:
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

Tax Appeal—Verizon Communications, Inc.

R-281-09

WHEREAS, Verizon Communications, Inc., the owner of the property located at Block 195, Lot 23, on the official tax maps of the Township of Randolph, also known as 246 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 2007, 2008, and 2009; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2007 from a total assessment of $1,170,700.00 to a total assessment of $1,093,800.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2008 from a total assessment of $1,170,700.00 to a total assessment of $1,065,800.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2009 from a total assessment of $1,170,700.00 to a total assessment of $1,079,500.00; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $2,260.86; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $3,191.06; and

WHEREAS, the proposed settlement for the subject property for the 2009 tax year results in a total reduced tax liability of at least $2,835.41; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the total refund resulting from the settlement shall be made within sixty 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; 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.

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 195, Lot 23, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $1,170,700.00 to a total assessment of $1,093,800.00.

2. The tax assessment on the subject property, located at Block 195, Lot 23, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $1,170,700.00 to a total assessment of $1,065,800.00

3. The tax assessment on the subject property, located at Block 195, Lot 23, on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $1,170,700.00 to a total assessment of $1,079,500.00.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $5,451.92 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2007 and 2008 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

5. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to apply the appropriate credit resulting from the refund due for the 2009 tax year toward the next quarterly real estate taxes due after the issuance of the Judgment by the Tax Court of New Jersey.

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

Tax Appeal—Heritage Village, Inc.

R-282-09

WHEREAS, Heritage Village, Inc., the owner of the property located at Block 49, Lots6.66, 6.52, 6.37, 6.82, 6.62, 6.33, 6.53, 6.71, 6.75, 6.55, 6.64, 6.79, 6.11, 6.13, 6.54, 6.77, 6.27, 6.12, 6.15, 6.43, 6.35, 6.25, 6.51, 6.31, 6.88, 6.81, 6.29, 6.41, 6.84, 6.14, and 6.21, on the official tax maps of the Township of Randolph, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of each of the subject lots for tax year 2009; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of each of the subject lots for tax year 2009 from a total assessment of $125,000.00 to a total assessment of $90,000.00; and

WHEREAS, the proposed settlement for each subject lot for the 2009 tax year results in a total tax refund of $1,088.15; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty 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 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, that the settlement of this matter as set forth herein is in the best interest of the Township of Randolph and that this matter be settled pursuant to the terms set forth herein.

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

1. The tax assessment on each of the subject lots, located at Block 49, Lots 6.66, 6.52, 6.37, 6.82, 6.62, 6.33, 6.53, 6.71, 6.75, 6.55, 6.64, 6.79, 6.11, 6.13, 6.54, 6.77, 6.27, 6.12, 6.15, 6.43, 6.35, 6.25, 6.51, 6.31, 6.88, 6.81, 6.29, 6.41, 6.84, 6.14, and 6.21 on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $125,000.00 to a total assessment of $90,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $33,735.65 to Heritage Village, Inc., said refund being attributable to the reduction in the assessment of the subject property for the 2009 tax year and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

ADJOURNMENT

The meeting was adjourned at 11:35 p.m.

_____________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E S E S S I O N

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

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price (arrived 8:05 p.m.)
Deputy Mayor Alpert

ABSENT:
Councilman Obremski
Mayor Metz

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

Harbor Hills

Do not release.

Tax Appeals

Manager Lovell noted that there are two tax appeal settlements this evening. He summarized the settlements as follows:

Verizon has challenged an assessment of $2,000,000.00. They have an expert appraisal of $1.7 million and have settled at $1.875 million. Their refund over a three year period comes to a little over $8,000.00.
Heritage 55 is in trouble and will most likely not be able to obtain permits necessary to build. The developer has asked for relief at the 8.9 acre site. The assessment under appeal has a market value of $211,600.00 per lot. The Tax Assessor and our consultant have reviewed the matter and felt that the lots had a value of $101,000.00 to $102,000.00 and recommended accepting the settlement. This will result in a tax refund of $33,732.00.

The Manager recommended approving the two tax appeals and adopting a resolution in open session and the end of the Executive Session.

Chabad

Do not release.

_________________________
Donna Marie Luciani
Township Clerk