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, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by 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 December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 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 December 17, 2009.

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

ABSENT: Councilman Algeier

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

Mayor Alpert led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed concern with a proposed ordinance regarding putting leaves to the curb and bagging leaves. Mrs. Stewart cautioned the Council to consider what will happen with the residents who are provided assistance through the help of community services arrangements.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that the Freedom Festival opened this evening and will run through Saturday. For the parade on Saturday, Council members need to be in the parking lot of the Mt. Fern Methodist Church by 11:15 a.m. Cablevision will be conducting interviews at 11:30 a.m.

Councilman Obremski reported that Morris County has received a grant to create an energy master plan. The County plans to put together a toolbox for municipalities whereby resources for energy efficient projects will be available to them in one central location.

Manager Lovell reported that the Carrell Road resurfacing project has been stopped due to a determination that the asphalt is not meeting the contract standard as it is rolled out. The Manager is dealing with the contractor and supplier and hopes to have the issue resolved very shortly so that work can be completed. The Manager credited Richard Lindsey from the Engineering Department for his foresight in adding this specification to the contract. At a recent staff meeting, three departments—court, code enforcement, and recreation—all reported increased activity. Regarding Councilman Obremski’s report on the county’s energy master plan, it has been determined that the library roof will not be able to support solar panels as originally hoped.

Councilman Napoliello asked whether or not the new water feature at Randolph Lake was operational.

Manager Lovell responded that a replacement part is needed for the system and has been ordered.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #10-10: Bond Ordinance Appropriation—$1,985,000.00 Funding 2010 Road Overlays, Police Equipment, and Building Improvements, Fire Ladder Truck and Rescue Squad Vehicle

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,985,000.00 HEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,540,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell’s comments included the following:

The bond ordinance will provide funding for a number of improvements in the township
It includes the 2010 road overlay program
It provides money for equipment and building improvements to the police department
It provides for the replacement of a ladder truck for the fire department
It provides for the purchase of a rescue squad vehicle
The Township is appropriating $1,985,000.00 and authorizing the issuance of debt for $1,540,000.00
The Manager expects the debt to be retired in approximately five years
The Manager, Councilman Metz, and Mayor Alpert met with representatives from the fire department to learn about the ladder truck proposed in the ordinance
The ladder truck currently being used is a 1982 cab chassis which was refurbished in 1997 when a new pump, outbox, and riggers were added
The ladder is 85 feet high
It has very low power when going up hills, is difficult to use in different fire scenes, and was probably under-designed when adding certain features
Ladder trucks are used for structure fires
The proposed ladder truck will be 100 feet high
It contains a platform ladder where several firefighters can be on the platform at one time for fire fighting purposes and can be delivered to a rooftop or second and third story windows, which is essential when dealing with commercial properties
Safety of the volunteer firefighters is of major concern
Randolph enjoys a high ISO rating
ISO ratings are based on a town’s equipment, water system, training, and other criteria
The ladder truck is the first vehicle to leave Company 4, where it is housed, for all fires except fires in their assigned district
There are many volunteers as well as DPW employees who are qualified to drive and operate the ladder truck
The point was made that a township buys equipment for the “what-if” scenarios
The vehicle should last approximately 40 years
A trade-in of the current truck should lower the purchase price

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

Lee Whilden, 82 Radtke Road, asked what the rate of interest is that Randolph pays on bonds.

Manager Lovell responded that the interest rates fluctuate, and currently one year notes are at about a 1 1/2 percent rate. Randolph enjoys a AAA bond rating and gets the best interest rates possible.

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,985,000.00 HEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,540,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 Obremski made a motion to adopt the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(2) Ordinance #11-10: Capital Ordinance Appropriations—$1,704,800.00 Funding Police, Public Works, Parks and Sewer Equipment/Improvements as Listed in 2010 Capital Improvement Program

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS APPROPRIATING $1,704,800.00, THEREFORE, INCLUDING $1,176,800.00 FROM THE CAPITAL IMPROVEMENT FUND, $225,000.00 FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, $20,000.00 FROM THE RECYCLING TONNAGE GRANT, $99,000.00 FROM THE RESERVE IN LIEU OF SEWERS, $98,500.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND, AND $85,500.00 FROM CAPITAL SURPLUS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a cash ordinance. There will be no bonding or long term financing. All money was raised in the 2010 budget. The Manager summarized the projects that will be included in this ordinance, including:

The replacement of mobile data terminals for police
South Road reconstruction
Purchase of Public Works equipment
Purchase of parks equipment
The Mt. Freedom Sussex Turnpike sewer project
A stormwater outfall repair project in several locations
Various park improvements
Purchase of sewer pump station back-up equipment
An infiltration inflow study for the sanitary sewer system

The 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 OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS APPROPRIATING $1,704,800.00, THEREFORE, INCLUDING $1,176,800.00 FROM THE CAPITAL IMPROVEMENT FUND, $225,000.00 FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, $20,000.00 FROM THE RECYCLING TONNAGE GRANT, $99,000.00 FROM THE RESERVE IN LIEU OF SEWERS, $98,500.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND, AND $85,500.00 FROM CAPITAL SURPLUS” 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 Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(3) Ordinance #12-10: Amending Setting Fees—Electrical Inspections, Recycling Containers and Vaccinations

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING PORTIONS OF THE ADMINISTRATIVE FEES, BUILDINGS, AND HEALTH SECTIONS OF APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will increase the cost of recycling containers to cover the township’s costs, administrative fees for electrical inspections, and health clinic fees.

The 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 PORTIONS OF THE ADMINISTRATIVE FEES, BUILDINGS, AND HEALTH SECTIONS OF APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Algeier

(4) Ordinance #13-10: Retrofitting of Storm Drain Inlets in Accordance With State Mandated Stormwater General Permitting Requirements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE VIII, MAINTENANCE AND PRESERVATION OF PARKING AREAS, OF CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that Randolph is licensed to operate a municipal stormwater system by the NJ DEP. Every year Randolph must certify to the state that we are meeting certain obligations as an operator of a stormwater system. This year there is a new mandate from the DEP that requires all towns to adopt certain ordinances. This ordinance will require commercial properties undergoing resurfacing of existing parking areas to bring their storm basin inlets into compliance with the new standards. Randolph will purchase a supply of these drains and commercial property owners can buy them from Randolph at cost.

The 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 VIII, MAINTENANCE AND PRESERVATION OF PARKING AREAS, OF CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Algeier

B. Introduction

(1) Amending and Setting Fees for the Curbside Collection of Branches and Leaves

Manager Lovell noted that Randolph must seek out additional revenue sources for the future and the leaf and branch collection can potentially generate significant revenue. The Manager summarized the proposed programs for the Council and noted that there will be an aggressive educational process for the residents in advance of these programs.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 42-69 OF CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of August, 2010, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: Councilwoman Price

ABSENT: Councilman Algeier

(2) Amending Parking Rules and Regulations Ordinance on Streets Near Shongum School

Manager Lovell noted that the Township received a petition from residents with children attending Shongum School. The Township implemented an ordinance that enhanced safety but inadvertently impacted residents near the school and the Council was asked to revisit the issue. Sgt. Moore developed very reasonable recommendations to amend the current ordinance which were discussed at a previous meeting. Again residents expressed concerns. A sub-committee was formed to examine the issue once again.

Councilman Obremski reported that the sub-committee contacted two bus drivers who drive to Shongum School every day for an independent assessment of the situation. Sgt. Moore’s recommendations were reviewed and, while not perfected yet, they feel it is a fair compromise which will help residents and eliminate the all day parking restrictions that are there at this time. This ordinance can be revisited in the fall once school begins again and the Council will continue to monitor the situation.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 31-75, NO PARKING CERTAIN HOURS, OF CHAPTER 31, TRAFFIC AND VEHICLES, 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.

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

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

NAYS: None

ABSENT: Councilman Algeier

(3) Amending Land Development Ordinance—COAH Unit Resale Controls

Manager Lovell noted that the first generation of COAH housing with deed restrictions will be coming up for resale shortly. This proposed ordinance will require that the Township be notified prior to an agreement for sale and given an opportunity to purchase the unit. If the Township does not purchase the unit, 95 percent of the difference between fair market value at the time of closing and the price at which the unit can be sold subject to resale controls shall be paid to the township at closing. That money shall be used solely for the purposes of low and moderate income housing. Randolph’s COAH substantive certification plan shows that Randolph will purchase these units when they come on the market and resell them as controlled units for the next thirty years.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-20.7.J. OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Councilman Algeier

(4) Amending Ordinance #13-09 Providing for Various 2009 Capital Improvements and Providing a Supplemental Appropriation of $4,200.00 From the Capital Improvement Fund for the Morris Turnpike Milling and Resurfacing Project

Manager Lovell noted that Morris Turnpike was resurfaced with a combination of Township funds and an NJ DOT grant. At the completion of the project, the grant reimbursement was not in the full amount. This ordinance reflects the $4,200.00 difference.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE #13-09 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2009 CAPITAL IMPROVEMENTS AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $4,200.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE MORRIS TURNPIKE MILLING AND RESURFACING PROJECT” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Councilman Algeier

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilman Algeier

A. Refund/Adjustment Resolutions

(1) Refund Registration of 2010 Summer Teen Camp to Richard Ravin—$850.00

R-168-10

WHEREAS, Richard Ravin registered his child for 2010 Summer Teen Camp and paid the fee of $950.00; and

WHEREAS, his child will not be attending the 2010 Summer Teen Camp 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 $850.00 be refunded to Richard Ravin, 15 Rustic Ridge Road, Randolph, NJ 07869.

(2) Refund Registration of 2010 Summer Teen Camp to Peter and Donna Traum—$800.00

R-169-10

WHEREAS, Peter and Donna Traum registered their child for 2010 Summer Teen Camp and paid the fee of $900.00; and

WHEREAS, their child will not be attending the 2010 Summer Teen Camp due to personal issues.

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 $800.00 be refunded to Peter and Donna Traum, 4 Forest Glen Way, Randolph, NJ 07869.

(3) Refund Outside Tax Sale Certificate to Carlos Cerrato—$10,436.68

R-170-10

WHEREAS, Outside Tax Sale Certificate #1885 held by Plymouth Park Tax Services, assessed to Carlos Cerrato, Block 135, Lot 18, 14 Willow Avenue; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $10,436.68.

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 $10,436.68 to Plymouth Park Tax Services, holder of Tax Sale Certificate #1885.

(4) Release Road Opening Cash Bond for Water Connection at 3 Lawrence Road to Erin Smith—$500.00

R-171-10

WHEREAS, the Engineering Department has received a request from Erin Smith for the release of a $500.00 cash road opening bond posted for the water connection at 3 Lawrence Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on February 18, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the water connection 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Erin Smith, 3 Lawrence Road, Randolph, NJ 07869.

(5) Release Road Opening Cash Bond for Replacement of Curb Box at 19 Meadowbrook Road to Star Roxanne Hiltz—$500.00

R-172-10

WHEREAS, the Engineering Department has received a request from Star Roxanne Hiltz for the release of a $500.00 cash road opening bond posted for the replacement of a curb box at 19 Meadowbrook Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on December 14, 2009; and

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

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

(6) Refund Day Camp Registration to Nancy Cepeda—$665.00

R-173-10

WHEREAS, Nancy Cepeda registered her child for Day Camp and paid the fee of $765.00; and

WHEREAS, her child will not be attending the Day Camp due to personal financial issues.

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 $665.00 be refunded to Nancy Cepeda, 4 Nuko Terrace, Randolph, NJ 07869.

(7) Overpayment of 2010 Taxes to Richard DiTomaso, Esq., for Block 81.03, Lot 30—$3,758.00

R-174-10

WHEREAS, Richard DiTomaso, Esq., has overpaid 2010 taxes in the amount of $3,758.00 on Block 81.03, Lot 30, known as 23 Castle Court, assessed to Michael and Joy Kauffman; 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 $3,758.00 to Richard DiTomaso, Esq.

(8) Refund Escrow Fees to Various Businesses

R-175-10

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

Wayne Weisenbach, Block 55, Lot 22
Nature’s Creations, Inc, Block 20, Lot 1
292 Route 10, Randolph, LLC—Daniel Vigilante, Block 137, Lot 24

WHEREAS, the projects have 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 amounts be refunded:

Account #294829, Wayne Weisenbach—$730.00
Account #294825, Nature’s Creations, Inc.—$5,950.00 plus interest
Account #155800, 292 Route 10, Randolph, LLC—Daniel Vigilante—$273.25 plus interest

(9) Release Escrow Funds for Police Detail to Randolph Soccer Club—$1575.00 and Fletcher Creamer, Inc.—$426.00

R-176-10

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, Inc. $1,575.00
Fletcher Creamer, Inc. $426.00
Randolph Education Foundation $598.24

(10) Refund Registration for 2010 Summer Stages to Karen Bachrach—$265.00

R-177-10

WHEREAS, Karen Bachrach registered her child for 2010 Summer Stages (Session 4) and paid the fee of $340.00; and

WHEREAS, her daughter will not be attending the 2010 Summer Stages (Session 4) program 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 $265.00 be refunded to Karen Bachrach, 14 Chelsea Drive, Randolph, NJ 07869.

(11) Release Escrow Funds for Rosalie Tenseth, #294830, for $689.50 and CWS Associates, #28741, for $966.33

R-178-10

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

Rosalie Tenseth, Block 97, Lot 21
CWS Associates, Block 18, Lot 14

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

Rosalie Tenseth, #294830—$689.50
CWS Associates, #28741—$898.83 plus interest

(12) Refund Portion of #8-10 Application Fee to Grecco Realty, LLC Due to Project Being Withdrawn—$2,667.64

R-179-10

WHEREAS, the Planning and Zoning Department received an application fee from Grecco Realty, LLC in the amount of $3,167.64 for Application #8-10; and

WHEREAS, the project has been withdrawn by the applicant prior to a public hearing; and

WHEREAS, it is the opinion of staff that the cost to the Township for review and processing of the application was approximately $500.00.

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 $2,667.64 of the application fee be refunded to Grecco Realty, LLC, 3166 Route 10, Denville, NJ 07834.

(13) Release Road Opening Cash Bond Posted for the Driveway Reconstruction at 131 Shady Lane to Vivien Seyhan—$500.00

R-180-10

WHEREAS, the Engineering Department has received a request from Adam Seyhan for the release of a $500.00 cash road opening bond posted for driveway reconstruction at 131 Shady Lane, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 6, 2010; and

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

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

(14) Authorizing a Tax Credit Due to Property Owner of Block 38.01, Lot 21, Deemed Permanently Disabled by the Veteran’s Administration

R-181-10

WHEREAS, Block 38.01, Lot 21, is assessed in the 2010 Tax List for a total of $288,300.00; and

WHEREAS, the property owner was deemed permanently disabled by the Veteran’s Administration as of December 1, 2009; and

WHEREAS, the taxpayer made application to the Tax Assessor on June 28, 2010, resulting in a tax-exempt status for 2010.

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 38.01, Lot 21, for the 2010 tax year.

B. Authorizing Award of Contract for Janitorial Services for Five Buildings Belonging to Municipal Complex to Employment Horizons—$45,900.00

R-182-10

WHEREAS, the Township desires to award a bid for Janitorial Services (Five Buildings—Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW), and Randolph Artworks Studio) beginning July 1, 2010 through June 30, 2011; and

WHEREAS, NJSA 40A:11-5.1(n) states the doing of any work by handicapped persons employed by a sheltered workshop is an exception to the bidding process and may be negotiated and awarded by the governing body without public advertising for bids and bidding and therefore shall be awarded by resolution of the governing body; and

WHEREAS, Employment Horizons, Cedar Knolls, New Jersey, is a company who provides jobs for people with special needs and will provide this service according to our specifications for a total of $45,900.00.

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 Employment Horizons, Cedar Knolls, New Jersey, for a contract period July 1, 2010 through June 30, 2011.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2010

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 2010 Budget, Building and Grounds, Other Expense, and funds will be available in the 2011 Budget, Building and Grounds, Other Expense, to award a contract to Employment Horizons for Janitorial Services in the amount of $22,950.00 for 2010 and $22,950.00 for 2011.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Amending Professional Services Agreement with Fred Knapp for Labor and Negotiations for $4,000.00, Bringing New Total to an Amount Not to Exceed $10,000.00

R-183-10

WHEREAS, an agreement was awarded to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, on January 14, 2010, for Labor and Negotiations; and

WHEREAS, the original agreement was in the amount of $6,000.00 and an additional $4,000.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $10,000.00; 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 amend this contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2010

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 2010 Budget, Legal, Other Expenses, to amend the contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, for Legal Services for Labor and Negotiations in the amount of $4,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Amending Professional Services Agreement with Larry Cohen for Conflict Counsel for Tax Appeals for $3,000.00, Bringing New Total to an Amount Not to Exceed $8,000.00

R-184-10

WHEREAS, an agreement was awarded to Larry Cohen of Courter, Kobert & Cohen on March 4, 2010; and

WHEREAS, the original agreement was in the amount of $5,000.00 and an additional $3,000.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $8,000.00; 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 amend this contract with Larry Cohen of Courter, Kobert & Cohen as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2010

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 2010 Budget, Legal, Other Expenses, to amend the contract with Larry Cohen of Courter, Kobert & Cohen for Conflict Counsel for Tax Appeals in the amount of $3,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Fireworks Display at Randolph Lake on August 21

R-185-10

WHEREAS, the Randolph Township Council wishes to authorize the Township Manager to grant permission for David Albitz of D&M Fireworks, LLC, to conduct a fireworks display at the Black River Barn, located at 1178 Route 10, Randolph, NJ 07869; and

WHEREAS, the display will be held on August 21, 2010, with a rain date of August 28, 2010.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that authorization has been given for the fireworks display.

F. Authorizing Professional Services Agreement with Jaman Engineering for Professional Surveying Services for Block 195, Lot 10—Bennett Avenue—$1,200.00

R-186-10

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

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to others 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, a contract was awarded on April 2, 2009, for $7,650.00 and was amended by $544.50 on May 25, 2009, for a total contract of $8,194.50; and

WHEREAS, it was determined that there are additional wetlands delineated in the field and also flagging placed in the area of underground storage tanks; and

WHEREAS, Jaman Engineering Associates has indicated they will locate the additional wetlands and flagging for the tanks and revise the plans to include the additional for an amount not to exceed $850.00 plus copying; and

WHEREAS, the professional services will not exceed $1,200.00 in the event extra copying charges may apply; and

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

WHEREAS, funds are available for this purpose.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2010

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 Housing Trust Fund to amend the contract with Jaman Engineering Associates for Professional Surveying Services for Block 195, Lot 10, Bennett Avenue, in the amount of $850.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Award of MCCPC Spring Contracts, 2010 - 2011

R-187-10

WHEREAS, the Township of Randolph authorizes an award of various categories within fourteen (14) contracts beginning July 1, 2010, on behalf of the Morris County Cooperative Pricing Council as described below:

Contract #3: Rock Salt & Liquid Calcium Chloride
Contract #4: Snow Grits
Contract #10: Lumber, Insulation, Hardware & Paint Supplies
Contract #20-B: Sporting Goods (Fall & Winter Sports)
Contract #25: Janitorial Supplies
Contract #29: Pest Control Services
Contract #35: Light Bulbs
Contract #40: Personal Protection Items & Equipment for Emergency Personnel
Contract #42: Landscaping Materials & Supplies
Contract #44: Welding Supplies
Contract #45: Septic Pumping/Sludge Removal & Disposal Services
Contract #47: Water Meters, Data Recorders & Radio Frequency Meter Interface Units
Contract #48: Equipment Parts for Turf Care
Contract #50: Fire Department Uniforms (Purchase)

And

WHEREAS, bids have been advertised and received on May 12, 2010, in accordance with “Local Public Contracts Law”; and

WHEREAS, the Township has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each of the categories within the fourteen (14) contracts specified and should be awarded as noted.

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

H. Authorizing Execution of an Agreement for Township of Randolph and Randolph Township School District for Sharing Network Support Services—July 9, 2010 to July 10, 2011

R-188-10

WHEREAS, a need exists for the Township of Randolph (“Township”) to acquire computer network support services; and

WHEREAS, the Randolph Township School District (“District”) provides such services and has offered to provide them to the Township for a fee; and

WHEREAS, the District and the Township desire to enter into an agreement whereby the District provides computer network support services to the Township for a fee as set forth in the attached agreement; and

WHEREAS, the agreement is authorized by NJSA 40A:65-1 et seq.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that the Mayor and Township Clerk are hereby authorized and directed to execute an Interlocal Agreement with the Randolph Township School District, a copy of which is attached hereto as Exhibit A.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 1, 2010

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 2010 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses, and funds will be available in the 2011 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses, to award a contract with the Randolph Township Board of Education for Network Support Services in the amount of $9,984.00 for 2010 and $9,984.00 for 2011.

_____________________________
Michael J. Soccio
Chief Financial Officer

DISCUSSION ITEMS

(1) Susan G. Komen for the Cure—Tie a Ribbon Campaign

Manager Lovell noted that there is an ordinance in place prohibiting tying ribbons around trees. The Manager suggests the Council approve and authorize the ribbon campaign for the municipal complex.

Council indicated that the Tie a Ribbon Campaign at the municipal building is acceptable.

(2) Indoor Sports Pavilion—Council Memo #18-10

Councilman Metz recused himself from the discussion.

Manager Lovell’s comments included the following:

The Manager provided Council a copy of a May 10 letter from Jeff Walder regarding this issue
A copy of the Manager’s response to the Council regarding that letter was provided to Mr. Walder
Certain points made by Mr. Walder are not in dispute
ISP was required to obtain a variance for a project to enclose two porch areas on the front of the building
The issuance of the variance requires certain fees be paid by the developer
Mr. Walder was not notified of the developer fee requirements when he applied for his initial permits but rather at the time of obtaining his CO
It was not paid and Mr. Walder was issued a TCO and the matter was left unresolved, to the Manager’s displeasure
The TCO has since expired
The Manager’s only objection to Mr. Walder’s comments is that his site plan notes that a developers’ fee is required and is circled in pink and Mr. Walder should have been aware of the fee based upon his set of plans
Council should be aware that the developer fees are paid to the state and not to the Township of Randolph

Mr. Walder’s comments included the following:

ISP was initially granted a variance in 2001 when the facility opened
When the application was made to enclose the porches, he was told another variance was needed
Mr. Walder suggested to staff that the porches were already a part of the footprint and calculated as part of the variance initially granted
Staff determined that a variance was necessary and Mr. Walder applied
As any business owner would do, Mr. Walder took into account all the costs associated with the project to determine whether or not he would undertake the project
The developer’s fee was not brought to his attention at the time Mr. Walder went for his construction permit or when he was told he needed a variance
At the time the CO was to be issued, the Construction Official informed Mr. Walder that he owed an additional $3,000.00 for the developer’s fee
Mr. Walder suggested that Mr. Howard discuss this issue with an appropriate township official and asked how this figure was calculated
Mr. Howard did not respond and did not respond to a follow-up attempt from Mr. Walder
Two years passed and Mr. Walder assumed the matter had been resolved and continued to operate
This past spring Mr. Walder applied for a permit and was told he still owed $3,000.00
Mr. Walder paid the $3,000 with the reservation of the opportunity to appear before the Council
Mr. Walder stated that he understands the rationale for the fee and that it comes from the state and not Randolph, however he suggests that these added costs be addressed at the beginning of the process, not at the time of the issuance of a CO
Mr. Walder asserts that Mr. Howard was remiss in not following up on this issue and that the error should not be visited upon him as a business owner
To this day he still does not know what the calculation is based on, however Mr. Walder stressed that he did pay the $3,000.00 developer fee

Mr. Lovell’s comments included:

The oversight dealing with the initial payment and the initial notification of the fee came about because the Construction Official was under the impression patios were being enclosed an no variance was required
It was not until final review at the time of the CO issuance that the fee was picked up
Manager Lovell met with Mr. Howard who was unable to explain why the situation languished for two years and why the TCO was allowed to expire with no action being taken
Mr. Howard accepts his responsibility in this issue and all TCO’s are now being examined so that this does not happen again
In the end, however, the Manager believes the property owner is responsible for the payment of the developer’s fee as stated on his original plan

Councilman Obremski asked how the calculation is determined.

Manager Lovell responded that the figure is six percent of the assessed improvement value.

Deputy Mayor Mitsch suggested that if another assessment of the improvement were done, perhaps there would be some leeway. The Deputy Mayor expressed concern that the professionals Mr. Walder hired did not highlight the required fee that was stated on his site plan.

Councilman Napoliello agreed that a recalculation from the Tax Assessor would be in order.

Manager Lovell will instruct the Tax Assessor to take a look at the calculation and the assessment, however he cautioned the Council to recognize that the final determination is for Ms. Gothie to make and no one at the table can control or influence her final determination. Mr. Walder would be able to appeal before the Board of Taxation if he doesn’t agree with her assessment.

(3) Developer’s Agreements for Water and Site Improvements—Ridge at Randolph (Nitti Mountain)

Manager Lovell anticipates having the developer’s agreements for Nitti Mountain before the Council very shortly.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, expressed concerns over the proposed ordinance dealing with the resale of COAH housing as it relates to Habitat for Humanity.

Manager Lovell responded that he believes Habitat for Humanity will endorse the ordinance because the ordinance insures the ability to keep housing as low or moderate and sets aside dollars to create additional low and moderate housing.

Judith Stewart, 114 Everdale Road, read the following into the minutes: “Ladies and Gentlemen: This letter has the purpose of offering you my resignation as a member of the Community Services Advisory Committee. I was re-appointed in January of this year to a three year term. It is not that I do not wish to serve, but considering my outspoken opinions recently regarding how you have chosen to staff the professional position that supports this committee, you may feel that you are better served by someone else. I would, of course, in my capacity with the local girl scouts continue to engage girls in the work of the township with regard to senior citizens and others who may need services they are able to provide. I will continue to serve on the committee until you appoint a replacement, should you decide to do this.”

Mrs. Whilden thanked Mrs. Stewart for her service to the community.

COUNCIL AND MANAGER COMMENTS

Councilman Metz thanked Mayor Alpert for his remarks in the Randolph Quarterly Newsletter. The Councilman was pleased to see the message on Page 1 supporting the local businesses.

Manager Lovell expressed his thanks to Mrs. Stewart for her many years of service and noted that he appreciates the interest Mrs. Stewart and Mrs. Whilden take in their community and believes them to be of value to Randolph Township.

Councilman Metz received a message from the incoming principal for the high school indicating her support for the High School Senior Career Day program.

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. Skylands—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 Mitsch made a motion to go into Executive Session at 9:15 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

Deputy Mayor Mitsch made a motion to go back into Open Session at 9:25 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Obremski

ABSENT: Councilman Algeier

Councilwoman Price made a motion to approve two Tax Appeal resolutions regarding the Skylands property. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

Tax Appeal—Skylands LLC v. Township of Randolph—Block 42, Lot 5, 792 Route 10

R-189-10

WHEREAS, Skylands RE, LLC (the “property owner”), the owner of the property located at Block 42, Lot 5, on the official tax maps of the Township of Randolph, also known as 792 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 2008, 2009, and 2010; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for the tax years under appeal that will result in a total assessment of $6,300,000.00 in 2008 and $6,500,000.00 in 2009 and $6,800,000.00 for 2010; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $15,210.00; and

WHEREAS, the proposed settlement for the subject property for the 2009 tax year results in a total tax refund of $9,327.00; 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 (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and should, therefore, 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 42, Lot 5, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $6,800,000.00 to a total assessment of $6,300,000.00.

2. The tax assessment on the subject property, located at Block 42, Lot 5, on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $6,800,000.00 to a total assessment of $6,500,000.00.

3. The tax assessment on the subject property, located at Block 42, Lot 5, on the official tax maps of the Township of Randolph shall remain $6,800,000.00 for tax year 2010.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $24,537.00 to the property owner, said refund being attributable to the reduction in the assessment on the subject property for the 2008 and 2009 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

Tax Appeal—Skylands LLC v. Township of Randolph—Block 42, Lot 2, 828 Route 10

R-190-10

WHEREAS, Skylands RE, LLC (the “property owner”), the owner of the property located at Block 42, Lot 2, on the official tax maps of the Township of Randolph, also known as 828 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 2008, 2009, and 2010; and

WHEREAS, the subject property was sold on or about November 23, 2007, for $240,000.00; and

WHEREAS, the former property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for the tax years 2006 and 2007 based upon the sale price; and

WHEREAS, the current assessment for 2008 through 2010 is listed at $1,608,000.00; and

WHEREAS, the current property owner and the Township have agreed to a reduction of the 2008 through 2010 tax years based on the subject sale price and consistent with the settlement of the prior tax years, and, as such, the assessment for 2008, 2009, and 2010 will be lowered to $140,000.00, $142,000.00, and $146,800.00 for the respective tax years; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $44,656.56; and

WHEREAS, the proposed settlement for the subject property for the 2009 tax year results in a total tax refund of $45,577.97; and

WHEREAS, the proposed settlement for the subject property for the 2010 tax year results in a total tax refund of $47,342.88; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and should, therefore, 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 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $1,608,000.00 to a total assessment of $140,000.00.

2. The tax assessment on the subject property, located at Block 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2009 from a total assessment of $1,608.000.00 to a total assessment of $142,000.00.

3. The tax assessment on the subject property, located at Block 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2010 from a total assessment of $1,608,000.00 to a total assessment of $146,800.00.

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $136,992.50 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2008, 2009, and 2010 tax years and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

ADJOURNMENT

Mayor Alpert adjourned the meeting at 9:29 p.m.

_______________________________
Donna Marie Luciani
Township Clerk