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

Minutes: June 5, 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 (via telephone)
Deputy Mayor Metz
Mayor Napoliello

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

Mayor Napoliello led the Pledge of Allegiance.

PROCLAMATION—Israel at 60

The Mayor read the following proclamation:

WHEREAS, 2008 marks the 60th anniversary for the founding of the modern Jewish State of Israel; and

WHEREAS, on November 29, 1947, the United Nations Assembly voted to partition the British Mandate of Palestine, and through that vote, to create the State of Israel; and

WHEREAS, officially declared an independent nation on May 14, 1948, Israel plans a series of events, beginning on the 60th anniversary of the UN Partition Plan vote on November 29, 2007, to celebrate its diamond jubilee; and

WHEREAS, born in the ashes of the Holocaust, Israel has from its inception faced the hostility and, frequently, the armed aggression of its neighbors; and

WHEREAS, since its establishment sixty years ago, the modern State of Israel has rebuilt a nation, forged a new and dynamic society, and created and unique and vital economic, political, cultural, and intellectual life, despite the heavy costs of six wars, terrorism, international ostracism, and economic boycotts; and

WHEREAS, in its 60 years of existence, Israel has become the most successful democracy in the Middle East; and

WHEREAS, in its 60 years of existence, Israel has fostered many innovations which have benefited the world; and

WHEREAS, Israel continues to strive for peace with security and dignity for themselves and their neighbors; and

WHEREAS, with the anniversary observance taking place throughout the year, Israel will celebrate its anniversary with events marking the birth and development of the state, the struggle to find peace and security, and its hopes for the future.

NOW, THEREFORE, I, Allen Napoliello, Mayor of Randolph Township, Morris County, New Jersey, on behalf of the Randolph Township Council and our residents, do hereby recognize and celebrate the 60th anniversary of the State of Israel.

APPROVAL OF MINUTES: May 1, 2008, and May 29, 2008

Mayor Napoliello noted an error in the minutes of May 1 for a roll call vote

Deputy Mayor Metz made a motion to approve the minutes as amended. 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 (abstain from May 29, 2008)

NAYS: None

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier noted that this past weekend was very busy at Randolph’s parks with many sporting events packing the parks and utilizing the fields and playgrounds. He is pleased that Randolph offers these facilities and families can take full advantage of them, and he believes Randolph’s park system to be among the best in New Jersey. It was estimated by the Parks and Recreation Department that up to 5,000 people may have been using the various park facilities. This is made possible to a large extent because of the turf field and its ability to withstand heavy use on concurrent days.

Councilman Alpert commented on the wonderful artwork that has been hung along the walls in Town Hall.

Manager Lovell commented on three separate newspaper articles appearing during the week about Randolph, all of which allude to underage drinking by our young residents. The Manager expressed frustration that in every instance, it appears that parents and adults often make irresponsible choices when it comes to alcohol and teenagers. The Manager supports the actions of Police Chief Kazaba in alerting the Vermont police to the post-prom parties taking place there.

Councilwoman Price stated that the Parade Committee is moving forward with their plans for the Freedom Festival. This year will recognize the Randolph Rescue Squad for their service to the community. Cablevision will be broadcasting the parade through the month of July.

SELF-EXAMINATION OF BUDGET RESOLUTION

Manager Lovell noted that this program has been put together by the Local Finance Board allowing municipalities in sound fiscal condition to perform a self-examination two years in a row followed by a year when the state performs the examination.

R-164-08

WHEREAS, N.J.S.A. 40A-4-78b has authorized the Local Finance board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2008 budget year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that in accordance with N.J.A.C. 5:30-7.6a and 7.6b, and based upon the Chief Financial Officers’ certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes

2. That the provisions relating to limitations on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4.45.3 et seq. are fully met (complies with CAP law).

3. That the budget is in such form arrangement and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate, and correctly stated
b. Items of appropriation are properly set forth
c. In itemization form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

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

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

NAYS: Councilwoman Price

PUBLIC HEARING AND ADOPTION OF THE 2008 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

R-165-08

Manager Lovell read the following resolution into the record:

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization in the amount of:

(a) $16,297,698.00 for municipal purposes, and
(d) $291,030.00 for Municipal Recreation Trust Fund Levy
(e) $582,061.00 for Open Space, Farmland and Historic Preservation Trust Fund Levy

Manager Lovell noted that a public hearing on the budget will be held, followed by a motion to adopt from the council and a vote. The Manager made several comments regarding the budget, including:

• The budget document is a compromise document
• It was a very difficult document to prepare where nobody came away completely happy
• The state imposed revenue reductions and pension increases, both greatly impacting the budget
• The municipal budget, including the capital improvement program, comes to $26,387,113.00
• The budget for water and sewer comes to $8,096,571.00
• Staff levels are being reduced where possible and shifted to other areas when necessary to provide services
• The Engineering Department has undergone tremendous change
• The combination of the increase for police pensions and other municipal employee pensions comes to $486,780.00
• Health insurance costs continue to rise, notably in the area of prescription drug
• Energy rates continue to rise and causes the Manager great concern
• Also great concern with possible tax appeals by commercial properties, which may cancel out new development ratables for next year
• The state eliminated aid for the road overlay program
• The Water and Sewer budgets both remain healthy at this point, which will enable Randolph to complete some capital improvement projects without having to go into any additional debt
• There have been two increases in the purchase of water, which will most likely necessitate an increase in water usage fees this summer, impacting mostly on the heaviest water consumers

The tax rate for this year comes to a 3 cent tax increase, impacting citizens on average about $101.00 for a home that assessed at $335,000.00, or a market value of approximately $575,000.00. The Manager asked that the council support the budget.

The Mayor opened the meeting for a public hearing on the budget.

Lee Whilden, 82 Radtke Road, reiterated her belief that the proposed increase in the Mayor’s salary changes the structure of the government formed under the Faulkner Act and urged the council to reconsider their support of it.

Mayor Napoliello asked the Township Attorney for his opinion as to whether a raise in salary would be contrary to the Faulkner Act.

Attorney Buzak responded that he has rendered an opinion in writing to the Manager noting that there is nothing in the statutes, including those of the Faulkner Act, that requires townships to establish salaries at the same level for all members of the council. In many other communities, even those chartered under the Faulkner Act, it is not unusual for the mayor’s salary to be different based upon the functions that are performed by the mayor, and it is at the council’s discretion to establish a salary.

Mayor Napoliello noted for the record that the salary increase took effect in 2007.

JoAnn Napoliello commented that Mayor Napoliello is always very busy with his responsibilities.

Mrs. Whilden stated for the record that when she was mayor, she never received any payment for performing weddings.

Mr. Buzak responded that two years ago the Local Finance Board made a determination that prohibits mayors from being paid for performing weddings.

Seeing no one further, the public hearing was closed.

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

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

NAYS: Councilwoman Price

SOIL MOVEMENT HEARING—Envision Properties

Manager Lovell stated that this property is located at 350 Route 10 East. Last March, the Planning Board approved an application for commercial development at that site, which will require removing approximately 24,500 cubic yards of soil. The soil movement permit will include the following conditions:

• Removal of soil shall be limited to 60 days from the date the permit is issued
• Soil movement activities will take place between 9:00 a.m. and 5:00 p.m., or darkness, whichever comes first, Monday through Friday and excluding public holidays
• Top soil should be retained on the site and no top soil shall be removed
• Vehicles used to remove soil shall follow state and/or county roadways
• Loading and unloading of construction equipment and/or earthmovers shall take place on-site only
• Soil that has been removed shall be transported beyond the limits of the township and disposed of beyond the limits of the township
• Applicant shall comply with all traffic control recommendations established by the Chief of Police or his designee
• A cash bond of $20,000.00 must be posted with the township
• Due to contamination issues at the site, the applicant must provide to the township a Letter of No Further Action from the NJ DEP prior to the commencement of any on-site work

The Manager suggested amending the language in the permit to allow only Route 10 to be used to transport the soil from the site.

Michael Shivetz, the attorney representing the developer, and Steven Smith, the consulting engineer from Jaman Engineering, were in attendance.

Mr. Smith requested the time frame for removal of the soil be extended to three or four months due to the magnitude of earth that has to be moved.

Manager Lovell asked if the developer was ready to begin working at the site immediately.

Mr. Smith responded that there will be some delay while the developer awaits further permitting from the NJ DOT and NJ DEP. Although he can not say for sure when those permits will be received, it is likely that work at the site will not begin this summer.

Councilman Algeier had several comments, including:

• The Letter of No Further Action from the DEP is essential regarding the contamination at the site.
• He believes a three to four month time period for moving the soil is reasonable, especially if the work is done during the winter months during shorter daylight hours.
• Regarding the start time of 9:00 a.m., he believes in past applications loading of the trucks was allowed to start at 8:30 a.m. so they are ready to roll off the site at 9:00, which should be made clear in the resolution.
• Regarding the restriction to limiting trucks to Route 10 and it’s east/west direction, depending on where they are transporting the soil, he would favor allowing them to use South Salem Street if the soil was going north, however he would not favor the use of Dover Chester Road if the soil is moving southbound unless there was no other choice.

The Mayor opened the hearing to the public.

Lisa Going, 97 High Street, expressed several concerns, including:

• Was the site now going to be developed as a gas station
• A request that soil movement not take place during the summer months when she and her neighbors use and enjoy their back yards
• Limit soil removal to 60 days unless work takes place in the winter months
• Given the fact that the approval is valid for three years, can the township restrict soil movement to other times of the year when it would not be so intrusive to the neighbors
• A concern that clearing of the site would occur and then the site left dormant for an extended period of time

Mr. Shivetz’s responses included:

• The approved plans call for a retail space
• Imposing additional restrictions concerning times of the year to move soil would cause hardship to the developer
• Once the developer is ready to proceed, the township vigorously monitors the initial construction to protect the surrounding property owners

Mr. Smith’s responses included:

• Site plan approval is good for three years
• Before construction begins, soil erosion and sediment control measures will be installed
• There are no ordinances in town that restrict soil movement from the summer months

Manager Lovell’s responses included:

• He understands her concerns about the project being started and then abandoned, and although he doesn’t see that happening in this case because of the money already invested by the developer, he knows there are no guarantees
• Controls are put into the movement of soil to minimize the impact on neighbors, however this project is in her back yard and she will be impacted to some degree
• It would appear that work will not be done this summer and the developer is aggressively seeking his other permits, so work may be started in the fall
• Mr. Smith has worked on many projects in town, all of which are well designed with safety mechanisms built in to protect the neighbors
• If the residents experience problems during construction or soil movement, contact Town Hall and speak to him or his staff directly about their concerns

Howard Schoenberger, 12 Rickland Drive, suggested language that allows 60 days for soil movement if it takes place during summer months and 120 days if work takes place from September to May.

Mr. Shivetz responded that those restrictions would cause unnecessary hardship and handicap in conjunction with the developer’s right to proceed.

Seeing no one else, the public hearing was closed.

Councilman Obremski noted that he does not recall ever approving a soil permit resolution with a three year window and can not support this resolution as it is. He would prefer issuing the permit when the developer has obtained all of his permits and is ready to begin.

Councilman Algeier asked the Township Attorney if the resolution could be tabled, and if so, for how long.

Mr. Buzak responded that it could be tabled. He suggested as an alternative it would be reasonable for the council to put a time limit on the permit they are applying for now and give them the right to reapply for an extension if they are not ready to begin during that time.

Mr. Shivetz and Mr. Smith both agreed that a time limit with the right to request an extension would be acceptable.

Councilman Algeier cautioned that, if an extension is sought, appropriate notice must be given to the impacted neighboring properties. He suggesting this permit run until January 31, 2009, at which time the developer can apply for an extension if he is not ready to proceed by then.

Janice Rosamilia, 95 High Street, asked if work at the site can begin earlier than 8:30 when they are allowed to begin loading the trucks.

Manager Lovell responded that other phases of construction can begin at 7:00 a.m., but the loading of the trucks must not begin before 8:30 a.m.

Councilman Algeier made a motion to authorize the soil movement permit as per the Manager’s memo with the changes that have been amended tonight and with an expiration date of January 31, 2009, for the permit to be drawn and a 90 day soil removal time once the permit is issued. If the permit is not issued by January 1, the applicant must request an extension for the permit approval and that extension must be done with appropriate notice to the residents and any other public notice that’s required by the statute per the ordinance. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

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

NAYS:
Councilman Obremski
Mayor Napoliello

Resolution Approving the Soil Movement Permit for Envision Properties, LLC

R-166-08

WHEREAS, Envision Properties, LLC (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 145, Lot 2, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 353 Route 10 East in the Township of Randolph; and

WHEREAS, said application reflects the approximately twenty-four thousand (24,000) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for Preliminary and Final Major Site Plan approval, certain “C” variances, a tree removal and tree protection permit, soil erosion and sediment control permit, and certain design waivers relating to the Property; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on March 17, 2008, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4(C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on June 5, 2008, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on June 5, 2008, provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious development of 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 Council has reviewed the application and recommendations of the Planning Board and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants soil movement permit application of Envision Properties, LLC, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

(a) The removal of soil on the Property shall be limited to a 90 day time period. The soil permit shall expire on January 31, 2009. If the permit is not issued by January 1, 2009, the applicant must request an extension with appropriate notice to the residents and public notice as required by statue.

(b) Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays. Phases of construction may begin at 7:00 a.m. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.

(c) Top soil shall be retained on the site and no top soil is to be removed from the site.

(d) The Applicant shall insure that the vehicles used to remove soil follow State and/or County roadways, for example, Route 10 and South Salem Street. A map depicting the vehicle route should be provided to the Township Engineer prior to commencement of soil movement activity.

(e) The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County, or State roadway. The Applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.

(f) The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

(g) The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

(h) A cash bond in the amount of twenty thousand dollars ($20,000.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the permit approved hereunder, to cover the repairs of any damage done to Route 10 as a result of the soil movement operation.

(i) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their resolution of March 17, 2008, as well as all ordinances including, but not limited to, Section 15-47, et seq.

(j) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on March 17, 2008.

(k) The Applicant shall provide to the Township a letter of No Further Action from the DEP prior to the commencement of any on-site work.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this resolution.

4. This resolution shall take effect immediately.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #14-08: Ordinance Authorizing Acceptance of a Sanitary Sewer Easement From RIC Associates—Randolph Business Campus, Block 44, Lot 3—Grant

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A SANITARY SEWER EASEMENT FROM RIC ASSOCIATES, LLC, ACROSS A PORTION OF LOT 3 IN BLOCK 44 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a sanitary sewer easement dedicated to the township. The project is located on Route 10 eastbound between Canfield Road and Dover Chester Road.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A SANITARY SEWER EASEMENT FROM RIC ASSOCIATES, LLC, ACROSS A PORTION OF LOT 3 IN BLOCK 44 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, 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.

Councilwoman Mitsch made a motion to adopt the ordinance. 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

(2) Ordinance #15-08: Prohibiting Right Turns on Red For Pleasant Hill Road Traffic Entering Dover Chester Road (County 513)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE PROHIBITING RIGHT TURNS ON RED TRAFFIC LIGHTS AT CERTAIN INTERSECTIONS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will prohibit right turns from Pleasant Hill Road onto Dover Chester Road during a red light.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE PROHIBITING RIGHT TURNS ON RED TRAFFIC LIGHTS AT CERTAIN INTERSECTIONS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Alpert made a motion to adopt the ordinance. Councilman 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

(3) Ordinance #16-08: Bond Ordinance in the Amount of $489,000.00 Funding the Acquisition of Public Works and Park Maintenance Equipment

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 $489,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $441,000.00 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 noted that this ordinance appropriates monies for equipment purchases for Public Works and the Parks Department.

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $489,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $441,000.00 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.

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

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

NAYS: None

(4) Ordinance #17-08: Capital Ordinance in the Amount of $1,100,000.00 Funding the 2008 Road Overlay Program, Painting of the Old Brookside Road Water Tank, Acquisition of Park Playground Equipment and Upgrades to Fuel System to Comply with NJ DEP Standards

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $1,100,000.00 THEREFOR, INCLUDING $970,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $70,000.00 FROM CAPITAL SURPLUS; $10,000.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $50,000.00 DUE FROM THE BOARD OF EDUCATION” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will fund a number of projects in the township, including the 2008 road overlay program, re-conditioning and repainting the water tank at Old Brookside Road, replacement of the Randolph Park playground equipment, and a fuel system upgrade at the DPW site that will be shared with the Board of Education.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $1,100,000.00 THEREFOR, INCLUDING $970,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $70,000.00 FROM CAPITAL SURPLUS; $10,000.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $50,000.00 DUE FROM THE BOARD OF EDUCATION” 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. 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

(5) Ordinance #18-08: Increase the Maximum Fine That Can Be Imposed for the Violation of an Ordinance to $2,000.00

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 1-7(a), GENERAL PENALTY, OF CHAPTER 1, GENERAL PROVISIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE MAXIMUM FINE THAT CAN BE IMPOSED FOR THE VIOLATION OF AN ORDINANCE TO $2,000.00” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that the fines currently in place have existed for several decades. This ordinance will allow the judge to use his discretion to fine offenders up to $2,000.00.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 1-7(a), GENERAL PENALTY, OF CHAPTER 1, GENERAL PROVISIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE MAXIMUM FINE THAT CAN BE IMPOSED FOR THE VIOLATION OF AN ORDINANCE TO $2,000.00” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier made a motion to adopt the ordinance. 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

B. Introduction

(1) Ordinance 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 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 1st of July, 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 this ordinance will be enforceable by the police department. It allows up to 90 days for a property owner to remove graffiti, or 120 days if it’s a state agency.

Councilwoman Price made a motion to introduce the ordinance. Councilwoman Mitsch seconded the ordinance, 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

Manager Lovell reported that he is very close to reaching final language for the interlocal services agreement with the Board of Education for sharing the fuel system. He expects to have a final document in a week or so. However, this project needs to get underway quickly so as to minimize the impact on the bus fleet and asks the council to authorize the mayor to sign the document. If any substantive changes to the document occur that alter the terms of the agreement, the Manager will bring that back to the council.

Attorney Buzak noted that the resolution authorizing the settlement for The Learning Experience authorizes the council to sign the settlement agreement which will dismiss that portion of the action that involved the township, which was the challenge to the zoning ordinance.

Manager Lovell noted the resolution concerning the rejection of bids for the Randolph Township Public Library interior is due to the fact that all the construction companies had errors in their bids, and there was an error on the part of the architect in regards to the way the change had been mailed out and advertised. Randolph is rejecting the bids and will re-take bids, likely delaying the start of the project to the fall.

Councilwoman Mitsch made a motion to approve the combined action items with the exception of the soil movement permit for Envision Properties. 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

A. Refunds/Adjustments Resolutions

(1) Refund Cash Bond for 5 Middlebury Boulevard to Dickerson & Dickerson—$42,240.00

R-167-08

WHEREAS, the Engineering Department has received a request from Dickerson & Dickerson, Inc. for the release of their cash bond posted for the completion of the top course pavement onsite at 5 Middlebury Bouvelard, and;

WHEREAS, the Cash Bond consisted of a $44,740.00 was received and deposited with the Finance Department on February 29, 2008, and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the completion of the top course pavement onsite, and;

WHEREAS, the pavement work has been completed, however the stabilization work is not yet completed at this time, and;

WHEREAS, it is recommended by the Engineering Department that a portion of the cash bond in the amount of $42,240.00 plus accrued interest be refunded to the applicant and $2,500.00 be retained for the completion of the stabilization work.

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 a portion of the Cash Bond in the amount of $42,240.00, plus accrued interest, be refunded to Dickerson & Dickerson, 25-27 Dickerson Street, Dover, NJ 07801.

(2) Refund Outside Tax Sale Certificate #1871 for Block 44, Lot 3.04, to Stuart Lasher—$12,183.20

R-168-08

WHEREAS, Outside Tax Sale Certificate #1871 held by Stuart Lasher, assessed to Neil Okun, Block 44 , Lot 3.04, 961 Route #10, Unit E; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $10,183.20 and premium in the amount of $2,000.00.

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 $12,183.20 to Stuart Lasher, holder of Tax Sale Certificate #1871.

(3) Refund Overpayment of 2008 Taxes for 17 Castle Court to Vincent and Madelyn Nuzzi—$3,816.85

R-169-08

WHEREAS, Vincent and Madelyn Nuzzi have overpaid 2008 taxes in the amount of $3,816.85 on Block 81.03, Lot 33, 17 Castle Court; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,816.85 to Vincent and Madelyn Nuzzi.

(4) Refund 50% of Application Fee for Block 111, Lots 10-16, for a B Variance to Grecco Realty, LLC—$150.00

R-170-08

WHEREAS, the Board of Adjustment received an application for a B variance from Grecco Realty, LLC for Block 111, Lots 10-16, in the amount of $300.00; and

WHEREAS, the project has been withdrawn and no hearing was held on the application.

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 50% of the application fee in the amount of $150.00 be refunded to Grecco Realty LLC, 3164 Route 10, Denville, NJ 07834.

(5) Release Escrow Funds for Block 111, Lots 10-16, to Grecco Realty, LLC—$1,000.00

R-171-08

WHEREAS, the Planning and Zoning Department received escrow funds from Grecco Realty, LLC for Block 111, Lots 10-16, in the amount of $1,000.00; and

WHEREAS, the project has been withdrawn 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, the escrow funds in the amount of $1,000.00 be refunded to Grecco Realty LLC, 3164 Route 10, Denville, NJ 07834.

(6) Release Escrow for 419 Route 10 East to Greg Potere—$817.75

R-172-08

WHEREAS, the Planning and Zoning Department received escrow funds from 419 Route 10 East, LLC, for Block 112, Lot 13, in the amount of $817.75; 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, the remaining escrow funds in the amount of $817.75 be refunded to 419 Route 10 East, LLC, c/o Greg Potere,10 Julianne Way, Randolph, NJ 07869.

(7) Release Escrow Funds for Block 99, Lot 4, to Morris and Christina Cirlincione—$581.50

R-173-08

WHEREAS, the Planning and Zoning Department received escrow funds from Morris and Christina Cirlincione for Block 99, Lot 4, 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, the remaining escrow funds in the amount of $581.50 be refunded to Morris and Christina Cirlincione, 122 Arrowgate Drive, Randolph, NJ 07869.

(8) Refund Registration Fee for 2008 Summer Art Camp to Deborah McConnell—$145.00

R-174-08

WHEREAS, Deborah McConnell registered her child for 2008 Summer Art Camp and paid the fee of $170.00; and

WHEREAS, her child will not be attending the 2008 Summer Art 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 $145.00 be refunded to Deborah McConnell, 37 East Logan Rd., Randolph, NJ 07869.

(9) Refund Registration Fee for 2008 Summer Stages to Heman Kodapully—$315.00

R-175-08

WHEREAS, Heman Kodapully registered her child for 2008 Summer Stages and paid the fee of $340.00; and

WHEREAS, her daughter will not be attending the 2008 Summer Stages 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 $315.00 be refunded to Heman Kodapully, 40 Hilltop Drive, Randolph, NJ 07869.

(10) Refund Registration Fee for 2008 Summer Stages to Wendy Schramm—$315.00

R-176-08

WHEREAS, Wendy Schramm registered her child for 2008 Summer Stages and paid the fee of $340.00; and

WHEREAS, her son will not be attending the 2008 Summer Stages 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 $315.00 be refunded to Wendy Schramm, 24 Beaver Dam Rd., Randolph, NJ 07869.

(11) Refund Registration Fee for 2008 Summer Stages to Denise Geary—$115.00

R-177-08

WHEREAS, Denise Geary registered her child for 2008 Summer Sports Clinics and paid the fee of $140.00; and

WHEREAS, her son will not be attending some specific 2008 Summer Sports Clinics 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 $115.00 be refunded to Denise Geary, 113 Meadowbrook Rd., Randolph, NJ 07869.

(12) Refund Registration Fee for Day Camp to Mariellen Scoopo—$760.00

R-178-08

WHEREAS, Mariellen Scoopo registered her child for Day Camp and paid the fee of $860.00; and

WHEREAS, her daughter will not be attending the Day 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 $760.00 be refunded to Mariellen Scoopo, 5 Floral Drive, Randolph, NJ 07869.

(13) Refund Registration Fee for Day Camp to Suzanne Cimbal—$635.00

R-179-08

WHEREAS, Suzanne Cimbal registered her child for Day Camp and paid the fee of $735.00; and

WHEREAS, her son will not be attending the Day 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 $635.00 be refunded to Suzanne Cimbal, 6108 Wynbrook Drive, Randolph, NJ 07869.

(14) Refund Registration Fee for Day Camp to Sonia Hernandez—$100.00

R-180-08

WHEREAS, Sonia Hernandez registered her child for Day Camp and paid the fee of $100.00; and

WHEREAS, her child will not be attending the Day Camp due to not being able to afford the balance of the camp.

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 $100.00 be refunded to Sonia Hernandez, 312 Quaker Church Rd., Apt. A-15, Randolph, NJ 07869.

(15) Refund Registration Fee for Day Camp to Yury Verduga—$100.00

R-181-08

WHEREAS, Yury Verduga registered her child for Day Camp and paid the fee of $100.00; and

WHEREAS, her child will not be attending the Day Camp due to not being able to afford the balance of the camp.

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 $100.00 be refunded to Yury Verduga, 4 Hemlock Place, Randolph, NJ 07869.

(16) Refund Registration Fee for Day Camp to Marie Hartzel—$510.00

R-182-08

WHEREAS, Marie Hartzel registered her child for 2008 Day Camp Program and paid the fee of $610.00; and

WHEREAS, her child will not be attending the Day 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 $510.00 be refunded to Marie Hartzel, 10 Chidester Rd., Randolph, NJ 07869.

(17) Refund Registration Fee for Day Camp to Maria Vasquez—$200.00

R-183-08

WHEREAS, Maria Vasquez registered her child for Day Camp and paid the fee of $200.00; and

WHEREAS, her child will not be attending the Day Camp due to not being able to afford the balance of the camp.

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 $200.00 be refunded to Maria Vasquez, 342 Quaker Church Rd., Apt. # 255, Randolph, NJ 07869.

(18) Refund Registration for 2008 Brundage Park Spring Acting Class Which Was Canceled to Barbara Jones—$150.00

R-184-08

WHEREAS, Barbara Jones registered her child for 2008 Brundage Park Spring Acting Class and paid the fee of $150.00; and

WHEREAS, her child will not be attending the 2008 Brundage Park Spring Acting Class due to class being canceled.

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 $150.00 be refunded to Barbara Jones, 9 Red Barn Lane, Randolph, NJ 07869.

(19) Refund Registration Fee for 2008 Summer Teen Camp to Rosemarie Cassie—$725.00

R-185-08

WHEREAS, Rosemarie Cassie registered her child for 2008 Summer Teen Camp and paid the fee of $825.00; and

WHEREAS, her child will not be attending the 2008 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 $725.00 be refunded to Rosemarie Cassie, 50 Oak Lane, Randolph, NJ 07869.

(20) Release of Tree Replacement Bond Posted for 22 Trout Brook Lane, Block 49, Lot 3.01, to Heritage Village, Inc.—$2,000.00

R-186-08

WHEREAS, the Engineering Department has received a request from Heritage Village, Inc., for the release of a $2,000.00 tree replacement bond posted for replacement trees to be planted at a new home constructed at 22 Trout Brook Lane, Block 49, Lot 3.01; and

WHEREAS, the cash bond was received and deposited with the Finance Department on January 26, 2005, to ensure the replacement of ten trees to be replaced at 22 Trout Brook Lane, Block 49, Lot 3.01; and

WHEREAS, the Engineering Department has inspected the property and found that all ten 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 $2,000.00 tree replacement bond posted for the replanting of ten trees at 22 Trout Brook Lane, Block 49, Lot 3.01, be released to Heritage Village, Inc., 1360 Sussex Turnpike, Randolph, NJ 07869.

(21) Release of Tree Replacement Bond Posted for 25 Heritage Court, Block 92, Lot 38.16, to Cheryl Glory—$2,400.00

R-187-08

WHEREAS, the Engineering Department has received a request from Cheryl Glory for the release of a $2,400.00 tree replacement bond posted for replacement trees to be planted at 25 Heritage Court, Block 93, Lot 38.16; and

WHEREAS, the cash bond was received and deposited with the Finance Department on August 13, 2007, to ensure the replacement of twelve trees to be replaced at 25 Heritage Court, Block 93, Lot 38.16; and

WHEREAS, the Engineering Department has inspected the property and found that all twelve 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 $2,400.00 tree replacement bond posted for the replanting of twelve trees at 25 Heritage Court, Block 93, Lot 38.16, be released to Cheryl Glory, 25 Heritage Court, Randolph, NJ 07869.

(22) Release of Tree Replacement Bond Posted for 16 Devonshire Drive, Block 93, Lot 7.05, to Jonathan Seligson—$3,800.00

R-188-08

WHEREAS, the Engineering Department has received a request from Jonathan Seligson for the release of a $3,800.00 tree replacement bond posted for replacement trees to be planted at 16 Devonshire Drive, Block 93, Lot 7.05; and

WHEREAS, the cash bond was received and deposited with the Finance Department on August 31, 2007, to ensure the replacement of nineteen trees to be replaced at 16 Devonshire Drive, Block 93, Lot 7.05; and

WHEREAS, the Engineering Department has inspected the property and found that all nineteen 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 $3,800.00 tree replacement bond posted for the replanting of nineteen trees at 16 Devonshire Drive, Block 93, Lot 7.05, be released to Jonathan Seligson, 16 Devonshire Drive, Randolph, NJ 07869.

(23) Release Road Opening Cash Bond for Construction of Belgium Block Curb at 59 David Avenue—Paparao Kolli—$300.00

R-189-08

WHEREAS, the Engineering Department has received a request from Paparao Kolli for the release of a $300.00 cash road opening bond posted for the construction of a Belgium block curb at 59 Davis Avenue; and

WHEREAS, the Road Opening Bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 15, 2008; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the construction of the Belgium block curb with 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 $300.00 be refunded to Paparao Kolli, 59 Davis Avenue, Randolph, NJ 07869.

WHEREAS, the Engineering Department has received a request from Heritage Village, Inc., for the release of a $2,000.00 tree replacement bond posted for replacement trees to be planted at a new home constructed at 22 Trout Brook Lane, Block 49, Lot 3.01; and

WHEREAS, the cash bond was received and deposited with the Finance Department on January 26, 2005, to ensure the replacement of ten trees to be replaced at 22 Trout Brook Lane, Block 49, Lot 3.01; and

WHEREAS, the Engineering Department has inspected the property and found that all ten 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 $2,000.00 tree replacement bond posted for the replanting of ten trees at 22 Trout Brook Lane, Block 49, Lot 3.01, be released to Heritage Village, Inc., 1360 Sussex Turnpike, Randolph, NJ 07869.

B. Authorizing Rescission of MCCPC Contract #11 (Motor Oils) With NJ Lube Oil

R-190-08

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on March 6, 2008, with New Jersey Lube Oil LLC of Dover, New Jersey, for Categories I, K and M of Contract #11 (Motor Oils); and

Category I: (Grease)
Category K: (Engine Oil)
Category M: (Maxi-Lube & #2 Grease)

WHEREAS, New Jersey Lube notified the MCCPC that they are unable to execute their contract due to their inability to hold their contract pricing because of current market increases of crude oil which ripples down to distributors; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind New Jersey Lube Oil’s contract for Categories I, K and M of Contract #11 (Motor Oils).

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris and State of New Jersey, that New Jersey Lube Oil’s contract for Categories I, K and M of MCCPC Contract #11 (Motor Oils) be rescinded as noted.

C. Authorizing the Award of (Re-Bid May 21, 2008) MCCPC Contract #33 for Clay for Athletic Fields to George Schofield

R-191-08

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of Contract #33 (Clay for Athletic Fields) to George Schofield Company of Bound Brook, New Jersey, on an as-needed basis during the contract period of June 1, 2008, through December 31, 2008; and

WHEREAS, bids have been advertised and received on May 21, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that George Schofield Company of Bound Brook, New Jersey, is the low responsible bidder meeting the specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to George Schofield Company of Bound Brook, New Jersey, for Contract #33 (Clay for Athletic Fields) beginning June 1, 2008, through December 31, 2008.

D. Cancellation of Balances on the Grants, Receivables and Reserves

R-192-08

WHEREAS, receivable and reserve balances exist in the Township’s Grant Fund for the following State and Federal Grants:

WHEREAS, it is recommended by the Finance Director that the above grant receivable and reserves be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

E. Authorizing Award of Contract for Engineering Services with Regard to Energy Conservation Projects to Metro Energy Solutions—Not to Exceed $15,000.00

R-193-08

WHEREAS, the Township of Randolph has a need to acquire Metro Energy Solutions 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 may 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, Metro Energy Solutions has indicated they will provide the Engineering Services for an amount not to exceed $15,000.00; and

WHEREAS, Metro Energy Solutions has completed and submitted a Business Entity Disclosure Certification which certifies that Metro Energy Solutions 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 Metro Energy Solutions 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 Metro Energy Solutions 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: June 5, 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 9-08, Energy Audit Improvements, to award a contract to Metro Energy Solutions to provide engineering services with regard to energy conservation projects in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing Award of Leaf Loading and Hauling Services to Grinnell Recycling, Inc., of Sparta, New Jersey

R-194-08

WHEREAS, the Township of Randolph wishes to award a contract for Leaf Loading and Hauling Services for a two-year contract period October 2008 through February 2010; and

WHEREAS, bids have been advertised and received on April 22, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received three (3) bids and has determined that Grinnell Recycling, Inc., Sparta, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award of a two-year contract at $5.00 per cubic yard for year one and $5.15 for year two.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Grinnell Recycling, Inc., Sparta, New Jersey, for a two-year contract at $5.00 per cubic yard for year one and $5.15 for year two.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 5, 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 2008 Budget and will be availability in the 2009 Budget, Recycling, Other Expense, to award a contract to Grinnell Recycling, Inc. for Leaf Loading and Hauling at a rate of $5.00 per cubic yard from October 2008 to February 2009 and $5.15 per cubic yard from October 2009 to February 2010.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Award of Contract for On-Site Tub Grinding Services to JH Reid, South Plainfield, New Jersey

R-195-08

WHEREAS, the Township of Randolph wishes to award a contract for On-Site Tub Grinding Services for the contract period April 2008 through November 2008; and

WHEREAS, bids have been advertised and received on April 22, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received three (3) bids and has determined that JH Reid, South Plainfield, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award contract at $4,700.00 for a full day and $2,350.00 for a half day.

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 JH Reid, South Plainfield, New Jersey, for the award contract at $4,700.00 for a full day and $2,350.00 for a half day.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 5, 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 to JH Reid for on-site tub grinding services from April 2008 through November 2008 at a cost of $4,700.00 for a full day and $2,350.00 for a half day.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Award of Contract for the Purchase of Hardware From Vision Supply in Newton

R-196-08

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of hardware for the contract period June 1, 2008, through May 31, 2010; and

WHEREAS, bids have been advertised and received on May 6, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received two (2) bids and has determined that Vision Supply, Newton, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award contract at a 15% discount off all categories.

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 Vision Supply Inc., New Jersey for the award contract at a 15% discount off all categories.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 5, 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 2008 Budget to award a contract to Vision

Supply for the purchase of hardware as per the contract on file in the Township Manager’s Department.

____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing an Award of Maintenance Contract for the Township’s Fire Apparatus From Campbell Supply Company

R-197-08

WHEREAS, the Township wishes to award a maintenance contract for the Township’s Fire Apparatus for a two-year period from June 1, 2008 - May 31, 2010; and

WHEREAS, bids have been advertised and received on May 6, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, eight (8) bid packets were mailed and one (1) was received from Campbell Supply Company, Inc., Edison, New Jersey.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Campbell Supply Company, Inc., Edison, New Jersey, for the contract period June 1, 2008 - May 31, 2010.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 5, 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 2009 Budget, Vehicle Maintenance, Other Expense, to award a contract to Campbell Supply Company for the Maintenance of the Township’s Fire Apparatus for a two year period from June 1, 2008, to May 31, 2010, as per the contract on file in the Township Manager’s Department.

____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Increase in Mileage Reimbursement Rate for Employees Using Their Personal Vehicles for Township Business From .485 Cents Per Mile to Coincide With Current Federal Reimbursement Rate of .505 Cents Per Mile

R-198-08

WHEREAS, the Township of Randolph reimburses employees for mileage when their personal vehicle is used for Township business; and

WHEREAS, the Township is currently reimbursing the employees at a rate of .485 cents per mile; and

WHEREAS, the IRS periodically changes the mileage reimbursement rate; and

WHEREAS, it is recommended by the Director of Finance that the mileage reimbursement rate change with the IRS Mileage Reimbursements Rate.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the mileage reimbursement rate change with the IRS Mileage Reimbursement Rate.

K. Authorize Inter-Local Services Agreement with the Board of Education—Share in the Cost of Fuel System Upgrades and Maintenance

R-199-08

INTERLOCAL SERVICES AGREEMENT

This INTERLOCAL SERVICES AGREEMENT (this “Agreement”) between the Township of Randolph, in the County of Morris, New Jersey, a municipal corporation of the State of New Jersey (the “Township”), and the Board of Education of the Township of Randolph in the County of Morris, New Jersey, a school district and political subdivision of the State of New Jersey (the “Board”), dated June 5, 2008.

WITNESSETH:

WHEREAS, the Township and Board have worked in cooperative spirit to meet the short and long term needs of Randolph; and

WHEREAS, the Township and Board entered into an Interlocal Services Agreement in September of 2006 through which the Board stores its school bus fleet at the Township’s Department of Public Works Central Maintenance, Storage, and Recycling Center (the “DPW Center”) on Sussex Turnpike; and

WHEREAS, the Township provides fuel at the DPW Center for the Board’s fleet of buses, vans, and maintenance vehicles; and

WHEREAS, the Board reimburses the Township for all fuel costs; and

WHEREAS, the Township has determined that its fuel system no longer meets the regulatory standards as imposed by the NJ Department of Environmental Protection; and

WHEREAS, the Township must upgrade the DPW Center fuel system to meet current standards at an estimated cost of $150,000.00; and

WHEREAS, the Board agrees to reimburse the Township for one-third of the cost associated with the fuel system upgrade over a five year period beginning in 2009; and

WHEREAS, N.J.S.A 40:8A-1 et seq., authorizes and encourages a municipality and a board of education to enter into contracts for the joint provision within their jurisdictions of any service which either party to the Agreement is empowered to render within its own jurisdiction; and

WHEREAS, the purposes of the Township and the Board can be accomplished effectively through this Agreement: and

WHEREAS, the Township has approved the execution of this Agreement by resolution adopted on June 5, 2008, and the Board has approved the execution of this Agreement by resolution adopted on June 5, 2008.

NOW, THEREFORE, the parties hereto mutually agree as follows:

Section 1: The Township shall enter into a contract to upgrade the DPW Center’s fuel system in 2008, so as to bring the facility into full compliance with state and federal regulations governing the storage and dispensing of vehicle fuel. The township shall be responsible for complying with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and other applicable provisions of the statutes of the State of New Jersey including the development of specifications, solicitation of bids, review of bids, awarding and acting as the lead agency for contracting with the contractor for the DPW Center upgrades.

Section 2: The Township, upon completion of the upgrade to the DPW Center fuel system, shall advise the Board of the full cost of same, the one-third share to be assessed to the Board, and the annual one-fifth payment due and payable to the Township not later than September 30, 2008, and annually thereafter, ending with the fifth payment not later than September 30, 2011. Records of all costs shall be maintained by the Township. The Board and/or its designee shall have the right to audit all costs associated with the DPW Center upgrades.

Section 3: The Board shall share in one-third of the annual maintenance contract cost for the DPW Center fuel system as determined by the Township payable on a quarterly basis.

Section 4: The Board shall continue to reimburse the Township for fuel consumption, as recorded by the Public Works Center fuel system.

Section 5: Except as provided herein, the Board of Education agrees to assume responsibility for all injuries or damages to persons or property which relate to or arise out of the Board of Education’s failure to perform its obligations under this Agreement, or the negligence or wrongful acts of the Board of Education or its agents or employees. The Board of Education, to include its agents, servants, employees, assigns or independent contractors, shall defend, indemnify and hold harmless Township and its agents and employees, from and against (1) any and all claims, suits, losses, damages, judgments or expenses (including attorney’s fees incurred in responding to claims or suits) which relate to, arise out of, or are asserted or incurred as a result of the Board of Education’s failure to perform its obligations under the Agreement, or the negligence willful or wrongful acts of the Board of Education or its agents or employees. However, that the foregoing indemnity obligations shall not apply to injury, damage or loss caused by the sole negligence of Township. The obligations under this paragraph shall survive the termination of this Agreement.

Section 6: The rights and obligations under this Agreement shall not be assigned by either party without the written consent of the other.

Section 7: This Agreement shall be for a terms of five (5) years from the date hereof and may be extended by mutual agreement of the Township and the Board.

Section 8: The Township is entitled to recover reasonable attorney’s fees from the Board in the event the Township must institute litigation to enforce the obligations of the Board under this Agreement.

Section 9: The Board shall procure and maintain insurance throughout the life of this Agreement covering as Insured the Board with not less than $5,000,000.00 limit of liability for any one claim to insure the Board’s usage of the fuel system. The Board will provide the Township with a Certificate of Insurance naming the Township as an additional insured to the extent of the Township’s insurable interest.

Section 10: The Township and the Board concur that this Agreement is being undertaken on behalf of the general public of the Township of Randolph as the Agreement achieves economics and efficiencies beneficial to the constituency of the Township of Randolph.

Section 11: This Agreement is executed in the State of New Jersey, and all rights and liabilities under this Agreement shall be determined in accordance with the laws of the State of New Jersey.

Section 12: This document sets forth the entire agreement between the parties. This Agreement shall not be modified except in writing executed by the Township and the Board. If any provision is ruled invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions.

IN WITNESS WHEREOF, the Township has caused this Agreement to be executed in its corporate name by its duly Authorized Representative, and the Board has caused this Agreement to be executed in its name by its duly Authorized Representative as of the date first above written, but on the date set forth below.

L. Authorizing Change Order for Extension of a Water Main on Everdale Road to MSP Construction—$3,661.98

R-200-08

WHEREAS, the Mayor and Council of the Township of Randolph awarded a contract to MSP Construction for the extension of a water main on Everdale Road at a contract price of $399,775.08; and

WHEREAS, MSP Construction requested a change order due to the existing 12" water main on Everdale Road connecting to the new 8" line, necessitating additional materials, equipment, labor, and down-time at an extra cost to the contractor of $3,661.98; and

WHEREAS, after careful review and consideration, the Engineering Department approved the change order and the project was completed in late 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract with MSP Construction be so amended.

BE IT FURTHER RESOLVED that signed copies of this resolution shall serve as the contract amendment.

M. Liquor License Renewals for the 2008 - 2009 Season

R-201-08

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following applications for renewal of alcoholic beverage licenses for the respective premises hereinafter designated, for the 2008-2009 season commencing July 1, 2008 and ending June 30, 2009 be and the same are hereby granted. The fees being as hereinafter listed and the said applicants having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

N. Approving the Soil Movement Permit for Envision Properties, Block 145, Lot 2

Acted on separately.

O. Professional Services Agreement to Provide Environmental Services/Preparedness of Wetlands Restoration Plan—Brundage Park—$4,000.00—Amy S. Greene

R-202-08

WHEREAS, the Township of Randolph has a need to acquire Amy S. Greene Environmental Consultants, Inc., 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 may 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, Amy S. Greene Environmental Consultants, Inc., has indicated they will provide the Environmental Services for an amount not to exceed $4,000.00; and

WHEREAS, Amy S. Greene Environmental Consultants, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Amy S. Greene Environmental Consultants, Inc., 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 Amy S. Greene Environmental Consultants, Inc., 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 Amy S. Greene Environmental Consultants, Inc., 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: June 5, 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 2008 Budget, Parks, Other Expenses, to award a contract to Amy S. Greene Environmental Consultants, Inc., for professional environmental services with regard to preparation of wetlands restoration plan for Block 86, Lot 73, Brundage Park, in the amount not to exceed $4,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

P. Rejecting All Bids for the Randolph Township Public Library Interior Renovations Project

R-203-08

WHEREAS, bids were received on May 29, 2008, for the Free Public Library Interior Renovations Project; and

WHEREAS, the Alternate Bid was not clearly presented in the specifications or the Proposal Form; and

WHEREAS, an amendment should have been provided along with a postponement of the bid in order to properly clarify requirements; and

WHEREAS, failure to provide and advertise the amendment as an addendum is in violation the Local Public Contracts Law 40A:11-13.2(d) and (e); and

WHEREAS, the Township wishes to reject all bids and the contract be re-bid after revising the specifications and proposal form.

NOW THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the bids be rejected and the contract be re-bid after revising the specifications and the proposal form.

Q. Authorizing Purchases From NJ State Contract T1316 Using Phonextra as a Distributor for Avaya Equipment

R-204-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T1316 for Avaya Equipment from Phonextra, Fairfield, New Jersey; and

WHEREAS, these purchases will not exceed $150,000.00.

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from New Jersey State Contract #T1316 using Phonextra as a distributor for Avaya Equipment.

R. Resolution Authorizing Settlement—The Learning Experience v. Randolph Township

R-205-08

WHEREAS, the Planning Board of the Township of Randolph (“Planning Board”) and the Township Council of the Township of Randolph (“Township”) were named Defendants in litigation brought by TLE I, LLC, d/b/a The Learning Experience (“TLE”), challenging the denial of the application of TLE to construct and operate a 14,000 square foot, one story child care center on Block 76, Lots 7 and 8, on the Official Tax Map of the Township, and further challenging the enactment of Ordinance No. 20-07 rezoning the above designated property from PO/R District to R/PO District; and

WHEREAS, the Honorable B. Theodore Bozonelis bifurcated the litigation allowing the challenge to the Planning Board’s denial to go forth first to be followed by the challenge to Ordinance 20-07 against the Township if the Planning Board’s denial was sustained; and

WHEREAS, the parties have come to a resolution of the issues related to this litigation which will, among other things, permanently eliminate the utilization of the property for a child care facility; and

WHEREAS, the Planning Board has approved the settlement of this litigation; and

WHEREAS, the Township desires to also approve the terms and conditions of the Stipulation of Settlement to the extent that they are applicable to the Township, which includes the subsequent filing of a Stipulation of Dismissal of said litigation, with prejudice, under the terms and conditions as set forth therein; and

WHEREAS, the Township Attorney has recommended to the Township that they approve the Stipulation of Settlement and authorize its execution by the Township Attorney; and

WHEREAS, the Township desires to take such action as recommended by its attorney.

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

1. All the terms and conditions of a certain Stipulation of Settlement by and among TLE, the Planning Board, and the Township in litigation entitled TLE I, LLC, d/b/a The Learning Experience v. Planning Board of the Township of Randolph, et al., Docket No. MRS-L-1797-07 PW be and the same are hereby approved, ratified and confirmed, to the extent that they relate to actions involving the Township Council of the Township.

2. The Township Attorney is hereby authorized and directed to execute said Stipulation of Settlement on behalf of the Township as approved herein.

3. The Mayor and Township Clerk, along with all other appropriate Township officials, employees and professional independent contractors, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution.

4. This resolution shall take effect immediately.

S. Resolution Endorsing Approval to Submit Grant Application and Execute Grant Agreement for Radtke Road Project

R-206-08

WHEREAS, the Township of Randolph has determined that Radtke Road is in need of resurfacing; and

WHEREAS, NJDOT has grant funds available for projects of this nature.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, County of Morris, in the State of New Jersey, that it formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA 2009 - Randolph Township - 00374 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

T. Resolution Endorsing Approval to Submit Grant Application and Execute Grant Agreement for Carrell Road Project

R-207-08

WHEREAS, the Township of Randolph has determined that Carrell Road is in need of resurfacing; and

WHEREAS, NJDOT has grant funds available for projects of this nature.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, County of Morris, in the State of New Jersey, that it formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA 2009 - Randolph Township - 00373 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

Resolution—Approving the Soil Movement Permit for Envision Properties, Block 145, Lot 2

Attorney Buzak noted that the soil movement permit resolution was done twice because it’s on the combined action portion of the agenda and also after the public hearing for the permit.

Councilman Algeier made a motion to move the resolution with the same language and amendments as the motion he made earlier in the meeting. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

OPEN TO PUBLIC

Howard Schoenberger, 12 Rickland Drive, read the following letter:

“Last week I addressed the council seeking to get more input from town residents, and it seemed like most, if not everyone, was in favor of that general concept. Yesterday I heard John McCain echo a similar sentiment. Talking about DC, he said it’s very hard doing the Lord’s work in Satan’s city, thus the more we hear from you, the citizens, the better.

We need our local government to be less exclusionary and more inclusionary. All too often it seems that our elected officials try to do things under the cover of darkness by excluding the public. This is counter productive, and only serves to make the public even less trusting of government than they already are, and participate less.

In Randolph, members of the public want to video tape town meetings. Towards this end, the current town council passed guidelines for videotaping town meetings on May 17, 2007. This highly exclusionary 600 plus word set of regulations, which was passed by a unanimous 7-0 vote, may be seen on the town web site.

In my mind, there’s no reason for limiting the public’s access to or participation in local government. I urge you to repeal this anti-participation rule and in its place mandate that all town council meetings not only must be video taped, but be made available live over the Internet and downloadable after the fact. We have an excellent video and film making curriculum at the high school, and this could be made an independent study program for a couple of students to take on. By streaming this live over the Internet with a real-time text based chat dialog, like instant messaging, we could allow residents to participate in the public comment periods of these meetings without having to be here. We could also have council members participate without having to link over the phone.

Think about how many people in town travel on business and simply can’t make council or committee meetings. What about parents that cannot leave children unattended on school nights, or can’t get or don’t want to pay for a sitter to watch their kids while they go to a meeting. What about those that just have other things to do on Thursday evenings? This would be a great way to get much greater participation in town government.

We should all be striving to maximize participation of town residents and solicit their input. It is time that the town council embraces technology rather than fear it. One copy of an audio tape of meetings does not cut it in the 21st century. Yet the council claims that such does provide, in the words of the ordinance, “adequate, and appropriate recordings of the meetings”. It is time to move forward and use all the tools available to us to improve citizen’s knowledge and understanding of government while simultaneously making it easier for them to participate in the process.

If Congress through C-SPAN and other municipalities such as New York City, or even close by Morristown, can televise their meetings, then there is no valid reason for Randolph to force people to inconvenience themselves and drive down to Town Hall to see how their government operates and to participate in it.

Jim McConnell, 45 Carrell Road, asked if the tanks were removed from the property on Route 10 being developed by Envision Properties.

Manager Lovell responded that he believes the tanks have been removed.

Seeing no one further, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Manager Lovell noted that the council was likely to re-convene after the Executive Session to act on a couple of resolutions.

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. Personnel
B. Tax Appeals From Richard DeAngelis—Randolph Village and BAS Properties

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

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

Councilman Alpert made a motion to move into Executive Session. 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

The telephone connection to Councilwoman Price was lost.

Councilman Alpert made a motion to move out of Executive Session. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Councilman Algeier made a motion to approve the resolutions regarding the tax appeals for Randolph Village and BAS Properties to be settled in accordance with the recommendation of the Tax Appeal Attorney and Assessor. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Settlement of Tax Appeal—Randolph Village Corp. v. Township of Randolph

R-208-08

WHEREAS, Randolph Village Corp., the owner of the property located at Block 77, Lot 36, on the official tax maps of the Township of Randolph, also known as Quaker Church Road, 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 and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2006 from a total assessment of $13,000,000.00 to a total assessment of $11,700,000.00; 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 2007 from a total assessment of $13,000,000.00 to a total assessment of $10,540,000.00; 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 $13,000,000.00 to a total assessment of $10,540,000.00; and

WHEREAS, the property owner and the Township of Randolph have further agreed that a portion of the refund resulting from the settlement of the tax years 2006, 2007, and 2008 shall be credited against the first tax installment due immediately following the issuance of the Tax Court Judgments and the remaining amount shall be refunded to the property owner within sixty (60) days from the date of entry of judgment filing in the Tax Court of New Jersey; and

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

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, and in consultation with the Township’s Tax Assessor and appraisal consultant, that the settlement of this matter as set forth herein is in the best interest of the Township of Randolph, and that this matter be settled pursuant to the terms set forth herein.

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

1. The tax assessment on the subject property, located at Block 77, Lot 36, on the official tax maps of the Township of Randolph shall be reduced for the tax year 2006 from a total assessment of $13,000,000.00 to a total assessment of $11,700,000.00.

2. The tax assessment of the subject property shall be reduced for the tax year 2007 from a total assessment of $13,000,000.00 to a total assessment of $10,540,000.00.

3. The tax assessment of the subject property shall be reduced for the tax year 2008 from a total assessment of $13,000,000.00 to a total assessment of $10,540,000.00.

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

5. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund to the taxpayer the amount of $109,114.00 attributable to the overpayment for the 2006 and 2007 tax years and the amount of any overpayment for the 2008 tax year less the amount of the credit applied pursuant to paragraph 4 herein.

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

Settlement of Tax Appeal—BAS Properties, LLC

R-209-08

WHEREAS, BAS Properties, LLC, the owner of the property located at Block 18, Lot 10, on the official tax maps of the Township of Randolph, also known as 87-101 Canfield Avenue, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2007 and 2008; and

WHEREAS, the property owner has agreed that the assessment for tax year 2007 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 2008 from a total assessment of $1,011,700.00 to a total assessment of $861,700.00; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $4,590.00; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement for tax year 2008 shall be made within sixty (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

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

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township’s Tax Assessor and appraisal consultant, that the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph, and that this matter be settled pursuant to the terms set forth herein.

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 18, Lot 10, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $1,011,700.00 to a total assessment of $861,500.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $4,590.00 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2008 tax year and to be paid within sixty (60) days of the issuance of the Judgment by the Tax Court of New Jersey.

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

ADJOURNMENT

The Mayor adjourned the meeting at 10:55 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 (via telephone)
Deputy Mayor Metz
Mayor Napoliello

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

Personnel

(1) Judge Cohen

Manager Lovell reported that he met with Judge Cohen to discuss an acceptable salary for 2008. The Manager presented a salary of $46,750.00, or $623.00 per day. The Judge countered with a salary of $49,742.00, or $663.00 per day.

The Council was in agreement with the salary proposed by the judge.

Manager Lovell will present an amended salary and wage ordinance reflecting this change to the Council at the next meeting.

(2) Chief Kazaba

Manager Lovell stated that a hearing with Chief Kazaba has been scheduled. The Chief’s retirement package would include payment for 80 sick days and 70 vacation days. The Manager noted that the Chief’s salary will be affected because there is a financial penalty associated with the charges brought against him.

The Chief has countered that he wants his 3.75 percent increase for this year and he will retire on February 1, 13 months after that rate would be in place. Buying him out before that time would cost additional money to the township. The Chief has also requested several merits, however the Manager is not willing to open a discussion on those.

There are several on-going legal issues. Of the 55 charges brought against him, only a few merited action by the Manager’s office. Ultimately the Manager felt that the Chief was not working to the Manager’s expectations and he is not interested in any sort of buy-out. The Manager believes that a buy-out would place the township in a position where the public will complain.

Mr. Buzak stated that charges have been levied as a result of complaints that were made and as a result of the Manager’s independent investigation. The charges against the Chief are for violations to rules and regulations in the police department. The Chief has the right to appeal the determination made by the Manager and he has done so. The appeal process has not yet taken place but it will be done before a hearing officer. The Chief has indicated that the hearing may not be necessary and he would retire if a deal can be made. The Manager is confident that his charges would be sustained by the hearing officer and would carry monetary penalties for the Chief. If the charges are sustained in the hearing, the Chief would then have the right to appeal to Superior Court.

Manager Lovell stated that if he would be comfortable with a deal that would allow the Chief his 3.75 percent and have him retire at the end of the year. If the Chief does not accept that offer, then the township would move forward with the charges against him.

Tax Appeals:

Randolph Village
BAS Properties

The Manager stated that the Randolph Village Corporation, a 274 unit apartment complex, has agreed to our assessment of $17.6 million. The settlement will result in a refund of $36,790.00 for 2006, $72,030.00 for 2007, and $74,970.00 for 2008.

The BAS Properties, located on Canfield Avenue, have agreed to our appraisal of $1.5 million which will result in a refund of $4,590.00.

The Manager recommended the Council accept the tax appeals.

_________________________
Donna Marie Luciani
Township Clerk