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

Minutes: July 1, 2008

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

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

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Mayor Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES: June 5, 2008

Deputy Mayor Metz made a motion to approve the minutes as presented. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, commented that the library programs are well done. She suggested creating an ordinance prohibiting smoking in parks when there are people, especially children, closer than 25 feet to a smoker’s location.

Geoffrey Price, 13 Mariner Drive, distributed the potential line-up for the Freedom Festival Parade to the Council and discussed some of the logistics for that day.

Deputy Mayor Metz thanked Mr. Price for all of the time and effort he puts into organizing the Freedom Festival Parade.

Mr. Price responded that the parade is coordinated by an army of volunteers throughout the year and they all do a good job.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price stated that the Economic Development Committee is planning to hold a cocktail reception in lieu of the annual awards banquet in October. The EDC is recommending that the ordinance pertaining to signage be reviewed as they have received comments from several local businesses who feel their signs are not adequate.

Councilman Algeier stated that the Economic Development Committee should obtain copies of sign ordinances from other local municipalities and determine specifications they would like to see in an ordinance for Randolph rather than the Council drafting an ordinance that does not meet local business’s needs.

Councilwoman Price commended the Parade Committee for the work they have done organizing the Freedom Festival Parade.

Councilwoman Mitsch stated that the Environmental Commission met and discussed the leaf ordinance. They have suggested language in the ordinance be changed to allow relatives or local children to sweep, blow, rake or dump leaves to the curbside without running afoul of the ordinance as it is currently configured.

Manager Lovell asked for a copy of the Environmental Commission’s recommendation and he will get the process started.

Councilwoman Mitsch attended a joint meeting with the Parks and Recreation Committees where they toured several of the town’s facilities. The Councilwoman summarized several changes or upgrades that have taken place at these facilities. There is concern about alcohol consumption at the parks during sporting events. Coaches and program directors will be reinforcing the message that drinking alcohol at these events is not acceptable. Councilwoman Mitsch related a personal incident regarding a call to 911 and thanked the Randolph Police, the Randolph Rescue Squad, and St. Clare’s Cardiac Unit for their assistance and comfort during a stressful time.

Mayor Napoliello thanked Mr. Price for his work on the parade and noted that he is looking forward to participating in the parade.

Manager Lovell responded to comments made at the last meeting by a resident regarding visits to her home by several inspectors. An investigation was done, the inspectors and the homeowner were interviewed, and the New Jersey Department of Community Affairs was asked to provide guidance. The property owner indicated that his wife was mistaken in her comments and all of the inspectors satisfactorily completed their inspections. However, the employee who made an unprofessional comment about leaving his vehicle idling while completing his inspection will be subject to disciplinary action. Several weeks before this incident the Manager issued a directive that, in an effort to save on fuel prices, unnecessary trips and idling vehicles were no longer permitted. Manager Lovell noted that the 2007 audit has been completed. He reviewed several of the documents with the Council pertaining to the audit and highlighted several comments, including:

The auditors performed the audit according to plan
The Township has followed the rules and regulations of the State of New Jersey
The Governing Body provided authorizations when needed
The Township’s estimates for liabilities are reasonable
Disclosures from financial statements are neutral, consistent and clear
They encountered no significant difficulties dealing with management while performing the audit
No disagreements arose during the course of the audit

There were two findings, neither of which are substantial. One recommends going to a fixed asset accounting and recording system, which would be expensive to undertake. The other recommendation deals with the municipal court and the Manager has been assured that the issue will be corrected. The auditor will be asked to attend a Council meeting in September discussing the audit.

Deputy Mayor Metz commented that the audit results are good. He asked why two of the fund balance figures don’t match and if more money was going to be needed for the pension system next year.

Manager Lovell responded that he will find out about the fund balance numbers. Regarding pension, he believes Randolph will see another significant bump in the PERS pension, but hopefully not to the magnitude of last year.

2008 MORRIS COUNTY OPEN SPACE TRUST GRANT HEARING

Assistant Township Manager Thomas Russo discussed the proposed 2008 county open space grant application. The two properties being proposed are the Mt. Freedom Golf property on Sussex Turnpike and the Rose of Sharon property on Dover Chester Road.

Significant aspects of the Mt. Freedom Golf property include:

34.48 acre site located at 1275 Sussex Turnpike.
Property currently contains a practice driving range, a 9-hole pitch and putt, a miniature golf course, batting cages, and two buildings.
The project has been highly ranked by the Randolph Open Space Committee.
The project satisfies a number of key criteria defined by the Morris County Open Space Department of Preservation Trust Fund Committee (it is adjacent to existing acquired land, contains environmentally sensitive features, and limits additional development).
This is the third attempt by Randolph to obtain funding for this project.
An analysis by the Planning and Zoning Administrator indicates this parcel would accommodate approximately eight single family homes.
This project fulfills the goals of the Randolph Master Plan by providing an additional 17 acres of woodlands to Brundage Park, by restricting the property to its current use as a regional recreational center in perpetuity, and by protecting the headwaters of the India Brook.
Total project cost estimated at $1,040,000.00. The application seeks $840,000.00 from Morris County.

Significant aspects of the Rose of Sharon property include:

A 4.3 acre tract
Currently this property is slated for a three lot subdivision
The property owner is amenable to the Township acquiring the back 2.6 acre portion which is contiguous to the Del Ben property
The homeowner will build a single family residence at the front of the property
A 20-foot wide section on the left side of the property will allow the township access to the Del Ben property if needed
Acquisition of this property allows for the elimination of two potential building lots and preserves additional open space
Preliminary estimates place the value of the two buildable lots on 2.6 acres at around $600,000.00 (final acquisition costs may vary)
The Township is seeking $500,000.00 from Morris County

In September, members of the Morris County Open Space Committee will visit the sites in Randolph with members of the staff. In October, the Assistant Township Manager will present the applications and answer any questions. Notification of grant awards will be in mid-November. If the Council passes the resolution supporting these application, the Assistant Manager will hand-deliver the final applications to Morris County on July 23 for their review.

Bill Hughes, the Vice-Chair for the Randolph Open Space Committee, stated that the Committee unanimously supports both applications.

Councilman Algeier asked if the golf course property had a willing seller.

Assistant Manager Russo responded that there are lease holders to the property currently in negotiations with the property owners for purchase. Should the property become available, it is vital that the application is in the works so that Randolph doesn’t miss out on the timing. However, if the property does not become available by the time of our presentation, Randolph will withdraw the application. Mr. Russo noted that the county is aware of the situation with the golf course.

Councilman Algeier asked if the Rose of Sharon property could be further sub-divided by the property owner for the remaining 1.7 acres.

Assistant Manager Russo responded that it could not be sub-divided in the future.

Councilman Algeier noted that he has worked on the Morris County Open Space Committee in the past and made several recommendations and observations for the applications, including:

Members of the Open Space Committee walk the proposed properties so that they can be very descriptive for the County
Connecting to currently owned property is important to the county
Obtain a map demonstrating the connection to Del Ben and Park Avenue, as well as the Allamatong Well Field
The Morris County Open Space Committee should look favorably upon protecting open space as well as a prime water resource

Judith Stewart, 114 Everdale Road, asked if these applications would affect COAH requirements for Randolph.

Manager Lovell responded these properties would not have any implications with regard to COAH, however there is value in taking the land out of play so that a developer does not develop housing where there would be COAH obligations.

Mrs. Stewart stated that she supports the applications.

Assistant Manager Russo provided an update of on-going 2008 open space projects, which are 20 acres at the Tucker property, 8.3 acres at the Powers property, and 13.5 acres at the Wright property.

Councilman Algeier congratulated the Manager and Assistant Manager, as well as past Assistant Managers, for their work on open space acquisition. He believes Randolph is unmatched in its success of obtaining grants from Morris County for open space because Randolph consistently puts the grant money to good use.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #19-08: Governing the Timely Removal of Graffiti

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF CHAPTER 23, GRAFFITI” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the police department recommended considering a graffiti ordinance. The Township Attorney provided an opinion that an ordinance could be drafted, however language in the state statute is very clear in how the ordinance should be structured. Private property owners are allowed 90 days to remove graffiti, and state-owned property is allowed 120 days to remove graffiti. This ordinance provides a tool the police can use in getting property owners to cooperate in removing graffiti.

Ms. Gallo noted that word is missing from the ordinance and suggested the Council vote to approve an amendment. In Section 23.1, it should read “no person shall place graffiti on buildings, structures, or other exposed surfaces within the township.”

Councilwoman Mitsch made a motion to accept the amendment to the ordinance to include the word “shall” in Section 23.1. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

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

Howard Schoenberger, 12 Rickland Drive, noted several items he considers flaws to the ordinance, including:

A typo in Section 23-2 where it should read “painting or marking”
This ordinance allows graffiti to stay in place for 90 days
The ordinance is unclear if a property owner objects and goes to court
The penalty of jail time is unreasonable
He questions how this law will be applied and related a story of a girl in New York penalized for drawing a hopscotch board on the sidewalk
The ordinance doesn’t address a homeowner writing objectionable things on his own property
Can this issue be handled by other laws already on the books
Can this issue be considered zoning to get around the 90 day law
The ordinance was not provided to Lt. Smith, who originally requested the ordinance, for feedback to see if it met his needs

Manager Lovell stated that this last statement by Mr. Schoenberger was inaccurate. The document was shared with Lt. Smith and his input was received. The Manager has email from Lt. Smith proving his involvement in the process. Pertaining to some of Mr. Schoenberger’s other concerns, the Manager responses included:

Although Mr. Lovell and the Council would prefer a faster response time, the state statute is clear that towns must establish a 90-day law and there is no way around that
The Manager does not want to make this a zoning issue and prefers that it be enforceable by the police
While this ordinance is not a cure-all to the graffiti problem, it does become a tool the police can use and generally property owners are responsive to the police
Township employees will use good judgment and discretion when applying the law

Judith Stewart, 114 Everdale Road, commented that it adds insult to injury when a person is confronted by graffiti on their property and then are required to pay to have that graffiti removed. She believes it is incumbent upon the public to clean it up, not the property owner.

Lee Whilden, 82 Radtke Road, commented that this ordinance has some built-in confusion.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF CHAPTER 23, GRAFFITI” 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.

Councilwoman Mitsch made a motion to adopt the ordinance. Councilman Alpert seconded the motion.

Councilman Algeier reiterated that the Council was 100 percent in favor of Lt. Smith’s proposal and were all surprised that the state statute stipulates 90 days for private property and 120 days for state property for the removal of graffiti. Certainly any graffiti found in town will be brought to the owner’s attention and the officers will ask that it be removed as quickly as possible. Graffiti is not desirable for commercial owners and it is in their best self-interest to get it removed as quickly as possible. The ordinance is intended for those property owners who don’t care what their property looks like, and prior to this ordinance there was no way to enforce the removal of graffiti. The Councilman believes that if anyone thinks this ordinance will include chalk drawings on the sidewalk, they don’t understand the Manager, the Council, or the police officers.

Councilman Alpert reiterated that we are bound by the state 90 day requirement for property owners. This ordinance does not cover people who are posting the graffiti. That is a criminal offense and is handled separately.

The following roll call vote was taken:

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

NAYS: None

B. Introduction

(1) Reducing the Speed Limit of Fords Road

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REDUCING THE SPEED LIMIT OF FORDS ROAD WITHIN 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 7th of August, 2008, 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 there was a request from the Traffic Advisory Committee to reduce the speed limit on Fords Road. The standards used by the DOT does not support this reduction, however Paul Ferriero has written a letter of support for this change which will be affixed to the documentation sent to the DOT for review and the Manager senses that the strength of that letter will carry the request forward for approval.

Councilman Algeier supports the ordinance but recommended that Mr. Ferriero’s letter by revised to have an additional 25 mph sign going westbound about 200 yards or so from Millbrook Avenue due to the awkward turn onto Fords Road.

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

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

NAYS: None

(2) Amending Ordinances, Section 2-138 and Section 2-139, Positions Eligible and Required to Participate in the Defined Contribution Retirement Program

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF SECTIONS 2-138 AND 2-139 TO IDENTIFY THE POSITIONS ELIGIBLE AND REQUIRED TO PARTICIPATE AND EXEMPT FROM PARTICIPATION IN THE DEFINED CONTRIBUTION RETIREMENT PROGRAM” be introduced, read by title by the Township Clerk and passed on first reading.

Manager Lovell noted that a statute was adopted requiring certain employees be enrolled in a combined contribution retirement program. This ordinance carries out the mandate from the state. This will capture employees not currently in the pension system.

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

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

NAYS: None

(3) Revision of Fee Schedule Ordinance—Fee Schedule

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REPLACING ORDINANCE NO. 32-05 AND AMENDING APPENDIX A, FEE SCHEDULE, 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.

Manager Lovell stated that this is an amendment to the fee schedule. The most significant change deals with water rates that will be effective January 1, 2009.

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

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

NAYS: None

(4) Salary and Wage Range of Compensation

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

COMBINED ACTION ITEMS

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

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

NAYS: None

A. Refunds/Adjustment Resolutions

(a) Refund Water Bill Overpayment for 42 Valley Road to Mr. and Mrs. Sergison—$159.63

R-223-08

WHEREAS, James and Sandra Sergison, 42 Valley Road, Block 97, Lot 30.12, have been estimated on their water bill for several quarters; and

WHEREAS, the estimated bills have resulted in an overpayment of $159.63; and

WHEREAS, Mr. and Mrs. Sergison have requested a refund of this overpayment.

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 refund $159.63 to James and Sandra Sergison, 42 Valley Road, Randolph, NJ 07869.

(b) Release Escrow Funds for Police Detail Totaling $580.00

R-224-08

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:

Atlantic Infrared $284.00
Bernanda, Inc. $ 71.00
Randolph Soccer Club $225.00

(c) Release Escrow Funds for 98 Quaker Church Road to John Jay Stank—$797.50

R-225-08

WHEREAS, the Planning and Zoning Department received escrow funds from John Jay Stank for Block 136, Lot 18, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $797.50 be refunded to John Jay Stank, 98 Quaker Church Road, Randolph, NJ 07869.

(d) Release Escrow Funds for Block 73, Lot 54, to Beck Real Estate, Manager, 2 Emery Avenue—$406.00

R-226-08

WHEREAS, the Planning and Zoning Department received escrow funds from Beck Real Estate for Block 73, Lot 54, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $406.00 be refunded to Beck Real Estate, David Beck, Manager, 2 Emery Avenue, Randolph, NJ 07869.

(e) Release Escrow Funds for Block 168, Lot 60, to Joseph Troiano—$649.00

R-227-08

WHEREAS, the Planning and Zoning Department received escrow funds from Joseph Troiano for Block 168, Lot 60, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $649.00 be refunded to Joseph Troiano, 12 Cushing Court, Randolph, NJ 07869.

(f) Release Escrow Funds for Block 55, Lots 1 and 2, to the Mt. Fern Methodist Church—$1.75

R-228-08

WHEREAS, the Planning and Zoning Department received escrow funds from the Mt. Fern Methodist Church for Block 55, Lots 1 and 2, in the amount of $5,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $1.75 be refunded to Mt. Fern Methodist Church, 443 Quaker Church Road, Randolph, NJ 07869.

(g) Release Escrow Funds for Block 51, Lot 25, to Andrea Chuk—$770.50

R-229-08

WHEREAS, the Planning and Zoning Department received escrow funds from Andrea Chuk for Block 51, Lot 25, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to Andrea Chuk, 2 Dawson Road, Mendham, NJ 07945.

(h) Release Escrow Funds for Block 93.01, Lot 20, to Janice McInerney—$770.50

R-230-08

WHEREAS, the Planning and Zoning Department received escrow funds from Janice McInerney for Block 93.01, Lot 20, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to Janice McInerney, 16 Heritage Court, Randolph, NJ 07869.

(i) Release Road Opening Cash Bond for 12 Alcor Road to Greg Sperun—$300.00

R-231-08

WHEREAS, the Engineering Department has received a request from Greg Sperun for the release of a $300.00 cash road opening bond posted for a driveway replacement at 12 Alcor Road, Block 26, Lot 12; and

WHEREAS, the road opening cash bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 7, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway replacement 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 Greg Sperun, 12 Alcor Road, Randolph, NJ 07869.

(j) Release Road Opening Cash Bond for 10 Alcor Road to Eugene Campbell—$300.00

R-232-08

WHEREAS, the Engineering Department has received a request from Eugene Campbell for the release of a $300.00 cash road opening bond posted for a driveway replacement at 10 Alcor Road, Block 26, Lot 11; and

WHEREAS, the road opening cash bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 8, 2008; and

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

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

(k) Refund Outside Tax Sale Certificate #1864 for 6 Harvey Terrace to Crusader Lien Services—$17,910.03

R-233-08

WHEREAS, Outside Tax Sale Certificate #1864 held by Crusader Lien Services, assessed to Gail Fatum, Block 101, Lot 27, 6 Harvey Terrace; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $16,810.03 and premium in the amount of $1,100.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $17,910.63 to Crusader Lien Services, holder of Tax Sale Certificate #1864.

(l) Release Tree Replacement Bond for 73 Musiker Avenue to Susan Salisbury—$600.00

R-234-08

WHEREAS, the Engineering Department has received a request from Susan Salisbury for the release of a $600.00 tree replacement bond posted for replacement trees to be planted at 73 Musiker Avenue, Block 225, Lot 6; and

WHEREAS, the cash bond was received and deposited with the Finance Department on April 9, 2007, to ensure the replacement of three trees to be replaced at 73 Musiker Avenue, Block 225, Lot 6; and

WHEREAS, the Engineering Department has inspected the property and found that all three replacement trees have been planted.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph refund the $600.00 tree replacement bond posted for the replacement of three trees at 73 Musiker Avenue, Block 225, Lot 6, to Susan Salisbury, 73 Musiker Avenue, Randolph, NJ 07869.

(m) Refund 2008 Summer Sports Clinic Registration to Luanne Koskinen—$105.00

R-235-08

WHEREAS, Luanne Koskinen registered her child for 2008 Summer Sports Clinics and paid the fee of $130.00; and

WHEREAS, her child will not be attending the 2008 Summer Lacrosse Sports Clinic due to an injury.

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 $105.00 be refunded to Luanne Koskinen, 4 Shadowbrook Way, Mendham, NJ 07945.

B. Authorizing the Award and Rejection of Township Bids for the Purchase of Parks and Recreation Equipment

R-236-08

WHEREAS, the Township of Randolph wishes to award contracts and reject a bid for the purchase of various Parks and Recreation Equipment; and

WHEREAS, bids have been advertised and received on June 26, 2008 (per the attached tabulations) in accordance with the “Local Public Contracts Law”; and

WHEREAS, it is determined by the Director of Parks and Recreation that the bids be awarded to the low bidders as noted:

#1. Toro Model #74274 Z593D with a 25hp Kubota diesel engine, twin stick hydraulic drive system, 72" adjustable Turbo Force Deck (with standard equipment from manufacturer): Total Bid: $10,899.00 (Plus)

Optional Equipment for Item #1
i. Toro Z593 DFS bagging system: $1,565.00
ii. Second set of blades for the 72" deck: $69.00
iii. Striping kit, 72" deck: $115.00

Item #1: Contract Award to: Power Place, Rockaway, NJ - $12,648.00

#2. Groundmaster 4000-D 58hp Kubota turbo diesel engine with cutting deck, Model #30410.

Item #2: Contract Award to: Storr Tractor Company - $46,267.00

#3. Toro Infield Pro 5040 with 18hp, 2-cylinder engine w/a Donaldson 3-stage sealed air filtration, power steering, series/parallel hydraulic traction circuit, 11 mph transport speed, 3-wheel drive in forward & reverse, lift valve w/float position & rear quick attach mount.

Front attachment w/Toro quick attach flex blade, includes front lift frame & hydraulic
Rear attachment quick attach tooth rake

Item #3: Contract Award to: Storr Tractor Company - $18,777.00

#4. Rotary Broom, 60" for a 300 Series Groundmaster

Item #4: Contract Award to: Storr Tractor Company - $6,757.00

#5. Kawasaki Mule 3010, 4x4 with OHV 2-cylinder liquid cooled gas engine, dual range automatic transmission, two person bench seat, rear differential lock, headlights, tail light, multi-all terrain tires, utility bed, seat belt and a 12 month warranty.

Item #5: Contract Award to: Storr Tractor Company - $7,990.00

#6. Barber Sand Man Model #850 Beach Sand Cleaner

Item #6: Reject the one (1) bid received from Davis Equipment Sales at $11,767.93 due to the cost of equipment being too high.

#7. American Hauler Falcon Cargo Trailer AF-8518TA2 (Plus Alternate Options)

Item #7: No award due to “no” bids received.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to the individual bidders for Items 1, 2, 3, 4, and 5 and Item 6 rejected as noted herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #16-08, Various Capital Improvements, to award a contract to Power Place for the Purchase of a Toro Model #74274 Z593D in the amount of $12,648.00; Storr Tractor Company for the purchase of a Groundmaster 4000-D in the amount of $46,267.00; Storr Tractor Company for the purchase of a Toro Pro 5040 in the amount of $18,777.00; Storr Tractor Company for the purchase of a Rotary Broom in the amount of $6,757.00; Storr Tractor Company for the purchase of a Kawasaki Mule 3010 in the amount of $7,990.00.

____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Morris County Open Space Grant Applications for Mt. Freedom Golf and Rose of Sharon

R-237-08

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

WHEREAS, the Township of Randolph has determined the Mt. Freedom Golf and Rose of Sharon projects to be the most appropriate and competitive among those considered for recommendation to the Randolph Township Council; and

WHEREAS, the grant applications require 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 2008 Morris County Open Space and Farmland Preservation Trust Fund grant applications was held on July 1, 2008, as advertised, and that the Mayor, Township Manager, and Assistant Township Manager are hereby authorized to complete and execute all forms and documents associated with these grant applications.

D. Authorizing the Approval of Minor Refunds and/or Cancellations by Department Heads

R-238-08

WHEREAS, there is a need for small refunds and/or cancellations for fees paid to the Township from time to time during the year; and

WHEREAS, these refunds and/or cancellations are provided based on reasons specified by residents and confirmed by department heads; and

WHEREAS, it is the best interest of efficiency and service to residents to act upon such refunds and/or cancellations promptly.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that refunds and/or cancellations of fees of $250.00 or less may be authorized upon receipt of written documentation indicating the basis for the refund and/or cancellation from the appropriate department of the Township.

BE IT FURTHER RESOLVED that the policy shall take effect July 1, 2008.

E. Authorizing a Contract with Advanced Recovery, Inc., for Disposal of Old Computer and Electronic Equipment

R-239-08

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

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

WHEREAS, the Township obtained a quote from Robert Travers of Advanced Recovery, Inc., located at 223 Verona Avenue, Newark, New Jersey, 07104, for the proper disposal, including appropriate recycling, of the old computer equipment in the estimated total amount of One Thousand Dollars ($1,000.00); and

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

WHEREAS, THE Township desires to authorize a contract with Advanced Recovery, Inc., for the proper disposal of old computer and electronic equipment owned by the Township.

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

1. The Township hereby authorizes the contract with Advanced Recovery, Inc., located at 223 Verona Avenue, Newark, New Jersey, 07104, for the estimated total amount of One Thousand Dollars ($1,000.00), in any event not to exceed Two Thousand Dollars ($2,000.00), for the proper disposal of old computer and electronic equipment owned by the Township.

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

3. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Recycling Tonnage Grant to award a contract with Advanced Recovery, Inc., for the proper disposal of old computer and electronic equipment by the Township in the amount not to exceed $2,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing a Professional Services Agreement with Morris Regional Public Health Partnership—Not to Exceed $8,100.00

R-240-08

WHEREAS, the Township of Randolph has a need to acquire Morris Regional Public Health Partnership, Inc., (MRPHP) 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 that the value of the acquisition will not 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, Morris Regional Public Health Partnership, Inc. (MRPHP) has indicated they will provide the services as stated in the agreement for an amount not to exceed $8,100.00; 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 Morris Regional Public Health Partnership, Inc. (MRPHP) 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: July 1, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the NACCHO Grant to award a contract with the Morris Regional Public Health Partnership, Inc., for the Accreditation Preparation and Quality Improvement Demonstration Sites Project in the amount not to exceed $8,100.00.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Accept the 2007 Municipal Audit

R-241-08

WHEREAS. N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2007 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6 and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

H. Authorizing the Rescission of a Portion of 2008 MCCPC Contract #30 (Office Paper Supplies) Awarded to W. B. Mason Co.

R-242-08

WHEREAS, the Township of Randolph received bids on October 25, 2007, for Contract #30 (Office Paper Supplies) on behalf of the Morris County Cooperative Pricing Council and W.B. Mason Company, Inc., was awarded a portion of this contract on January 17, 2008; and

WHEREAS, W.B. Mason Company, Inc., of Brockton, Massachusetts, has notified the MCCPC that there was an error in their bid price for Item #9 (8 1/2" by 11" size colored paper, Mohawk brand) at $8.95 per case, which should have been $8.95 per ream; and

WHEREAS, due to substantial increases in the paper industry, W.B. Mason is unable to offer their paper at the bid price submitted and it is in the Morris County Cooperative Pricing Council’s interest to rescind this portion of W.B. Mason’s contract for Item #9 of Contract #30 (Office Paper Supplies).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a portion of W.B. Mason Company’s contract for Item #9 of Contract #30 (Office Paper Supplies) be rescinded on behalf of the MCCPC membership.

I. Authorizing the Township to Utilize the Randolph Fire Houses For Future Election Polling Places

R-243-08

WHEREAS, the Township of Randolph has historically relied upon the Randolph Board of Education to make schools available as public polling places; and

WHEREAS, the Board of Education and the Superintendent of Schools expressed a high level of concern over the compromised security for students and faculty when the schools are utilized as polling places; and

WHEREAS, the Township was apprised of the Board of Education’s safety concerns and was encouraged to make alternate arrangements for polling places so as to avoid disruption of the school calendar; and

WHEREAS, Township officials approached the fire companies of Randolph to discuss the utilization of fire houses to accommodate polling places; and

WHEREAS, the below stated fire houses have reached an agreement with the Township to host polling places beginning with the November 2008 Presidential election. Election districts are subject to change at the discretion of the County.

FIRE HOUSE	ELECTION DISTRICT
Millbrook	7 and 8
Mt. Freedom	1, 2, 4, and 9
Ironia	12, 13, and 14

NOW, THEREFORE, BE IT RESOLVED by the Township of Randolph that the following conditions shall govern the use of the fire houses for elections:

1. The Township shall provide each company with an insurance rider when in use as an election district.

2. Each fire company will provide on-site security for election days.

3. Each fire company shall be responsible for all costs associated with heat, lighting, and maintenance, including janitorial service.

4. The Township will pay to each fire company $1,600.00 per election for the use of the fire house as a polling place.

5. Each fire company will allow for storage and setup of voting machines.

J. Authorizing the Finance Director to Disburse $122.00 From the Housing Trust Fund to the General Fund to Cover the Cost of Employees Attending Module 1: COAH Training

R-244-08

WHEREAS, Randolph Township has incurred the cost of $122.00 for employee attendance at Module I: COAH Training—MHL Seminar; and

WHEREAS, this expenditure is consistent with the Amended Development Fee Spending Plan approved by COAH on August 27, 2003.

NOW, THEREFORE, BE IT RESOLVED that the Finance Director shall be authorized to disburse $122.00 from the Housing Trust Fund to the General Fund for the payment of this expenditure.

BE IT FURTHER RESOLVED that a copy of this resolution shall be provided to the Finance Director.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, once again urged the Council to reconsider increasing the mayor’s salary as she believes this is counter to the manager/council form of government.

Judith Stewart, 114 Everdale Road, thanked Geoff Price for his work on the Freedom Festival Parade. Mrs. Stewart stated that she is opposed to the $5.00 flat fee on the water charges. Mrs. Stewart asked about COAH and whether or not Randolph still has an obligation to provide 726 new units and 34 rehabilitated units.

Manager Lovell responded that those numbers still apply. Randolph’s attorney and planning consultant are doing a risk analysis and Randolph is working on a housing plan because it is virtually impossible to meet this total.

Mrs. Stewart asked what the council and public can do about COAH.

Manager Lovell responded that he believes there is a disconnect in the Governor’s office and he doesn’t think the Governor or his staff has any understanding of the magnitude of the directive he has put in place. Around the state, council members, freeholders, managers and planners are frustrated and perplexed by the challenges given by the state.

Mrs. Stewart believes that Randolph going from having a surplus to now needing to build over 700 units is outrageous. She asked how the Council is going to get the residents of Randolph aware of the situation and involved in order to rectify the COAH issue.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that he has the highest regard for the members of the EDC, however he reiterated his belief that the members should come to the Council with recommendations for changes to the sign ordinance. The Councilman asked about the voting districts and how it is determined where the districts go to vote.

Mrs. Luciani responded that the county determines which districts go to which polling places based upon the size of the polling place versus the population of the district.

Councilman Algeier suggested contacting the old Eagles building about the possibility of becoming a polling place.

Deputy Mayor Metz again congratulated Mr. Price on his work for the parade. Echoing sentiments of Councilman Algeier, he noted that members of the Traffic Advisory Committee worked on the driver safety program to develop it and get it started in the schools, and if members of the EDC could create a sub-committee to get input from business owners about their signs, it would be helpful to the council.

Mayor Napoliello thanked Mr. Price for all the work he has done on the parade.

EXECUTIVE

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the following portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:

a. Pal Pike Tax Appeal

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

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

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

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

NAYS: None

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

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

NAYS: None

RE-CONVENE

RESOLUTION AUTHORIZING THE SETTLEMENT OF THE 2006, 2007 AND 2008 TAX APPEALS ON BLOCK 196, LOT 5—PAL PIKE ASSOCIATES

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

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

NAYS: None

R-245-08

WHEREAS, Pal Pike Associates, the owner of the property located at Block 196, Lot 5, on the official tax maps of the Township of Randolph, also known as 140 Route 10, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2006, 2007 and 2008; and

WHEREAS, the property owner has agreed that the assessment for tax year 2006 shall be affirmed; 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 $28,143,000.00 to a total assessment of $24,538,500.00; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $105,972.00; 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 $28,143,000.00 to a total assessment of $23,911,200.00; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $129,493.08; and

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

WHEREAS, the property owner and the Township of Randolph have agreed to apply the appropriate credit toward future taxes owed on the property representing the tax refund attributable to the reduction in the assessment for the 2008 tax year; and

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

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in conjunction 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 196, Lot 5, on the official tax maps of the Township of Randolph shall be reduced for tax year 2007 from a total assessment of $28,143,000.00 to a total assessment of $24,538,500.00.

2. The tax assessment on the subject property, located at Block 196, Lot 5, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $28,143,000.00 to a total assessment of $23,911,200.00.

3. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $105,972.00 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2007 tax year and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to apply the appropriate credit toward future taxes owed on the property representing the tax refund attributable to the reduction in the assessment for the 2008 tax year.

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

ADJOURNMENT

The Mayor adjourned the meeting at 10:20 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 Mayor Napoliello.

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Pal Pike Tax Appeal

Manager Lovell noted that this property is the K-Mart and Path Mark property on Route 10. They have appealed 2006, 2007 and 2008 taxes. Pal Pike agreed to drop 2006. The reduction for 2007 is 12.8 percent in assessed value and the reduction for 2008 is 15 percent in assessed value.

Of note, the lease for K-Mart and Path Mark are due to expire in 2011. At that time, the property could go through a major transition. The Manager suggested to Pal Pike that they start thinking about the future of this property and discuss it with him so that zoning can be in place.

Council agreed to the tax appeal settlement.

Donna Marie Luciani
Township Clerk