502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: March 26, 2009

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Metz. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter on February 3, 2009, by emailing them the time change of this meeting. This meeting date and time change was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on February 5, 2009.

PRESENT:
Councilman Algeier (arrived 7:35 p.m.)
Councilwoman Mitsch (arrived 7:40 p.m.)
Councilman Napoliello
Councilman Obremski
Councilwoman Price (arrived 7:05 p.m.)
Deputy Mayor Alpert
Mayor Metz

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

Mayor Metz led the Pledge of Allegiance.

PRESENTATION: Board of Education Budget

Christine Carey, the current Finance Chairperson, provided a summary of the budget, including the following comments:

  • The power point presentation of the proposed budget is available online at the school website
  • The district received a $700,000.00 increase in state aid over last year
  • 21 positions are due to be cut in the proposed budget
  • A full cap budget with a four percent increase in the tax levy is proposed, which translates to a $234.00 tax increase for the average assessed homeowner in Randolph Township
  • The schools receive 80 percent of their revenue from the local tax levy and the other 20 percent from state aid
  • Class size will increase in each grade except kindergarten
  • Kindergarten aides will be decreased
  • Next year stipends will be capped at 28 for teachers at the high school teaching a sixth class, a reduction from 60 this year
  • Summer stipends for maintenance work has been cut
  • Some co-curricular activities and clubs have been cut or merged with others sharing the same mission
  • Music stipends are being reduced
  • Athletic fees are being instituted
  • 84 percent of the total budget is salaries and benefits
  • Randolph spends less per pupil than all the districts in Morris County except for Dover

Gregory Marks, the President of the Randolph Board of Education, provided the following comments:

  • They have provided multiple presentations of the proposed budget for various groups and organizations
  • Most questions from the public have dealt with administrative spending, the number of vice-principals allocated to the elementary schools, foreign language instruction in the elementary schools, enrichment programs, and cutting faculty

James Sheerin, the Interim School Superintendent, provided the following comments:

  • The state appears to be cognizant of the fact that mandates drive costs in the districts and has been asking superintendents and boards of education for recommendations
  • He senses that many mandates will become guidelines, giving school districts much more latitude to make choices
  • Randolph is very aggressive in hiring the best teachers possible

Manager Lovell stated that residents will be voting for the proposed budget on April 21 from 2:00 p.m. to 9:00 p.m.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked how much it will cost to have the elections held outside of the schools in the future.

Mr. Marks responded that each firehouse used for the elections will receive $1,600.00.

Judith Stewart, 114 Everdale Road, made the following comments:

  • She encouraged the public to approve the proposed school budget
  • She expressed concern over the four percent cap on the budget
  • House values depend on the quality of the local schools
  • Concerning the municipal budget, she expressed disappointment over the decrease for the celebration of public event
  • The amount of the tax increase originally proposed by the Township Manager is minimal and residents receive a lot of services for their tax dollar

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski attended the championship hockey game in which Randolph High School played and stated that the fans were well behaved and it was a good day for Randolph.

Councilwoman Price congratulated the hockey team on their victory.

Councilman Napoliello stated that while attending a meeting in Trenton, several mayors from other towns were envious of the way Randolph is able to maintain a low tax increase.

Councilman Algeier represented Randolph Township at a meeting at the Morris County Visitors’ Center, renamed the Morris County Tourism Board, in Morristown. He noted that there are many wonderful opportunities available for citizens to learn more about Morris County through this organization and urged everyone to contact them for more information.

Councilwoman Mitsch apologized for missing the school budget presentation. She explained that she got delayed at work.

Deputy Mayor Alpert congratulated the high school hockey team on their championship and noted that Randolph often makes the paper for their athletic accomplishments.

Mayor Metz reported that the luncheon he attended hosted by the Devils honoring the six high school hockey teams who made it to the final was a very nice affair. He also enjoyed watching the Randolph hockey team play at Prudential Center.

Manager Lovell noted that the staff had a meeting with the Motor Vehicle Commission regarding the proposed super center on Canfield Avenue. The new structure will have a 1950’s diner style look, although that is not in accord with the recommendations of the Master Plan. The state will locate approximately twenty employees at the building. COAH has stated that no additional housing obligations will be incurred due to staffing this facility, however the Manager will work on getting that statement in writing from the state.

COMBINED ACTION ITEMS

Councilman Napoliello made a motion to approve the Combined Action Items A, B, and C. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Napoliello made a motion to approve Combined Action Item D. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Rescinding Printing Contracts—Postnet

R-108-09

WHEREAS, bids were received on March 5, 2009, for Printing Services; and

WHEREAS, Postnet, Vorhees, New Jersey, was low bidder on Items 2A, 2B, 7A, 7B, 14, 15, 16, 17, 18, 19a, 19c, 20a, 20c, 20e, 20g, 20i, 26, 27, 28; and

WHEREAS, upon receiving the contracts, Postnet sent a letter stating due to a downturn in business it is possible they will be unable to fulfill the contract; and

WHEREAS, the above items shall be rescinded and awarded to the next lowest bidders.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the above items be rescinded from Postnet and awarded to the next lowest bidders.

B. Awarding Rescinded Printing Contracts

R-109-09

WHEREAS, Items 2A, 2B, 7A, 7B, 14, 15, 16, 17, 18, 19a, 19c, 20a, 20c, 20e, 20g, 20i, 26, 27, and 28 were rescinded from Postnet, Vorhees, New Jersey, for the printing contract awarded on March 5, 2009; and

WHEREAS, next lowest bidders are Pinnacle Graphics Communications (J & E Business) for items 2A, 2B, 7A, 7B; Graphicolor Corporation for Items 14, 20i; Harvard Press for Items 15, 16, 17, 18; Hawk Graphics for Items 19a, 19c, 20a, 20c, 20e, 20g; Ridgewood Press for Item 26; and

WHEREAS, Items 27 and 28 will be quoted when needed due to paper quality problems in 2008.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for Printing Services for the Township of Randolph for the contract term February 1, 2009, to January 31, 2010.

C. Rejecting All Bids on Window Film Re-Bid

R-110-09

WHEREAS, bids were opened on January 27, 2009, for the second time for Installation of Window Film at the Municipal Building; and

WHEREAS, three bids were received but all vendors were not responsive; and

WHEREAS, Rochelle Contracting Company did not have a signed bid bond or Consent of Surety and the warranty provided was not for the item requested; VIP Special Services submitted specifications for various products but did not indicate which item was being bid for the dollar amount bid; and Glas-Tint, LLC, did not submit a Consent of Surety; and

WHEREAS, all bids must be rejected and the project rebid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids be rejected and the project be rebid.

D. Raffles

(1) On-Premise Merchandise Raffle, St. Andrew Greek Orthodox Center of Randolph, May 15, 2009, 6:30 p.m. to 10:30 p.m., at St. Andrew Hall, 1447 Sussex Turnpike, Randolph

DISCUSSION ITEMS

A. Budget (Continued From March 19, 2009)

Manager Lovell discussed potential actions that would be recommended to reduce the proposed 1.9 cent tax rate increase. His comments included the following:

  • $150,000.00 from reducing the open space tax from 2 cents to 1.5 cents
  • $10,000.00 reduction in the health department inoculation program
  • $40,000.00 reduction in salt budget
  • $4,000.00 reduction in salary for MAC part time position
  • $16,000.00 reduction in capital outlay to replace worn carpeting in Town Hall
  • $12,000.00 reduction in budget for Celebration of Public Events
  • $18,000.00 reduction in capital outlay to eliminate one police vehicle
  • $50,000.00 addition to budget from surplus

Manager Lovell stressed that both he and the Finance Director do not recommend decreasing surplus funds at this time. He feels that the open space tax can be cut by half a cent with no impact to Randolph Township. Additional cuts beyond what has been outlined will result in layoffs in various departments within the organization.

Mayor Metz stated that the Manager and Finance Director did a good job in putting together the budget containing a 1.9 cent increase. Regarding the items proposed this evening, the Mayor made the following comments:

  • The cut to the open space tax could be implemented
  • The inoculation program should remain intact
  • The salt budget should remain intact
  • The salary decrease for the MAC position could be implemented
  • The capital outlay to replace carpeting in Town Hall should remain intact
  • The capital outlay for the police vehicle should remain intact
  • The money in surplus should remain intact
  • These changes should bring the total from 1.9 cents to less than 1.5 cents, or approximately $48.00 per year for the average assessed household

Councilman Algeier noted that while it’s nice to be recognized as having a lower tax increase than many other towns, Randolph’s goal is not to be better than other towns but rather to be the best town Randolph can be and to provide the best possible services at the lowest possible cost. The Council has an obligation to run the town and to provide services, and he noted that the Council generally comes together on budget issues.

Manager Lovell noted that Randolph does not have a goal of going up to the cap level. Randolph is one of a few towns below the levy cap and is well below the appropriations cap. The proposed budget is a conservative budget for these tough times. There are fewer employees in the organization today than were here when the Manager first started serving Randolph, however the people who are here are able to do more with less. The Manager believes that customer service has improved and noted that he gets very few complaints from residents about our customer service.

Councilwoman Price noted that in the current economic climate, donations for the Freedom Festival may be harder to obtain. The Councilwoman made a motion to reinstate $3,000.00 for the Freedom Festival Parade this year.

There was no second to the motion.

Mayor Metz conceded that it may be difficult for the parade volunteers to raise as much money as in prior years because of the economic climate. If that is the case, the parade will have to be a smaller parade this year.

There was no second.

B. Amending Chapter 31, Traffic and Vehicles—Addition of Certain Intersections to be Designated as Stop Intersections

Manager Lovell requested this item be pulled and put on a future agenda.

C. Allies, Inc—Draft Memorandum of Understanding

Manager Lovell stated that Allies, Inc. provides housing for people with mental disabilities. Allies, Inc. is interested in purchasing two townhome units in Randolph. Each would be a three bedroom unit to house two clients and one supervisor in each unit. Randolph should receive 7.5 credits under COAH for this program. The Council received the first draft of the Memorandum of Understanding and the Manager asked the Council to provide feedback so that he can get it back to Allies, Inc. for their input.

Councilman Algeier expressed the following concerns:

  • What percentage of the final purchase price for each unit will Randolph be paying
  • Since these units will be deed restricted for 30 years, could Allies, Inc., sell them at the end of that time at market rate
  • Is there a contingency plan in the Memorandum of Understanding if Allies, Inc. either ceases to exist of if they are unable to continue running the program

Mr. Buzak responded that new affordability controls would allow the municipality to automatically recapture the difference if the units are sold for market rate. The municipality also has the option of extending the controls. The affordability controls are deed restrictions that are on the property. If Allies, Inc. ceases to exist or can not run their program and the unit is transferred, those deed restrictions will be transferred with the property and whoever purchases the units will have to abide by those controls.

D. Habitat/EA Porter—Draft Memorandum of Understanding

Manager Lovell reported that Morris Habitat is very interested in being a partner on the EA Porter site. The site will require remediation to clean up some pollution issues, and Randolph is going to take responsibility for the remediation of the property using money in the developer trust fund. Randolph will undertake site design and site approvals as well. The Manager recommended providing a grant to Habitat equal to one credit, or $45,000.00, to undertake the architectural design of the building. Once the DEP issues a Letter of No Further Action for the site, it is the Manager’s hope to have an approved site plan to turn over to Habitat for development. The project has been reduced from four buildings to one building due to environmental problems at the site and the need to stay inside a certain footprint. The Manager requested the Council take time to read to Memorandum of Understanding, noting that it is complex, and asked them to provide input to him and the Township Attorney as soon as possible.

Mr. Buzak reiterated that the concept is that the site will be remediated using the trust fund money or grant money Randolph receives from the state for remediation, the project will be designed utilizing input from Habitat, and the project will proceed to the point where reviews and approvals from the municipality, the state, or the DEP will be completed. At that point the project will be turned over the Habitat. If Habitat is not at a point they can undertake the project, Randolph would still have a marketable project ready for some other non-profit to develop. Randolph has very little risk and is able to utilize the funds collected over the years through developer’s fees.

Manager Lovell noted that 25 units will be constructed and is proposing spending $45,000.00 per unit. These units will be owned by the people Habitat selects who qualify to purchase them. Habitat will retain control on some level over this site for the next thirty years. From the Manager’s perspective, he believes there are protections in this project that are good for Randolph.

Mr. Buzak stated that there are restrictions in place that come with the land. At the end of the term if it is sold at market rate, Randolph will recapture the difference in price or can extend the controls for another thirty years and continue with low and moderate income housing. Mr. Buzak reiterated that this units will be owned and not used as rental properties.

Deputy Mayor Alpert asked if there is any figure on remediation cost for the property.

Manager Lovell responded that a number of studies have been completed and a consultant will be hired to assist Randolph in this process. It is believed the remediation can be completed in two to three years and the cost should fall between $300,000.00 and $500,000.00. Randolph qualifies for fifty percent funding from the state for the actual clean up of the property and one hundred percent funding for the studies that are required to get to that point.

Mr. Buzak noted that there is a provision in the Memorandum of Understanding that in the event the site can not be remediated or Randolph chooses not to remediate the site because of the cost, the Memorandum of Understanding will simply be terminated.

Councilwoman Mitsch noted that her in her prior dealings with Habitat, she was impressed with them. She believes that if this project works out, it would be a wonderful project and would benefit a lot of people.

Councilman Algeier asked about how the project will be affected by the wetlands.

Manager Lovell responded that a very large footprint exists at the site where a building could be placed, however it will not be the four buildings originally planned.

Councilman Algeier suggested adding language to any documents with Habitat that Randolph should have architectural approval for the project to ensure it conforms with the Master Plan. He also suggested language stating that, while Randolph is fully committed to this project, if for some reason in the future it turns out to be not in Randolph’s best interest, then Randolph would be able to pull out of the contract at any time without liability. The Councilman also noted that he would prefer to see more than one building on the site and encouraged the engineers and architects to consider that possibility.

Mr. Buzak noted that he will make it clear in the language that it is Randolph’s project to design with input from Habitat.

Mayor Metz advised the Council to forward any comments or suggestions they may have to the Manager and Township Attorney within the next couple of days.

REPORT FROM CHIEF FINANCIAL OFFICER—Bond Anticipation Note Sale

Manager Lovell noted that the Council was given a copy of the Finance Director’s memorandum regarding a bond sale for $2.7 million in bond anticipation notes. Five companies responded, which were TD Securities, JP Morgan Chase Bank, Sovereign Securities, Roosevelt & Cross, and Janney Montgomery Scott. The lowest bid was TD Securities with an interest rate of 1.508 percent, premium of $13,284.00, and coupon rate of 2 percent. The Mayor will be asked to sign off on this sale.

Councilman Algeier noted that few towns can borrow money at 1.5 percent and believes it is a tribute to the way Randolph is run and the work done by the Township Manager and Finance Director.

REVIEW AND SET PROPOSED AGENDA FOR APRIL 2, 2009

Manager Lovell made the following comments regarding the agenda, including:

  • The proposed 2009 Budget will be introduced
  • There is second reading and public hearing for an ordinance amending committee membership
  • Three ordinances will be introduced, one dealing with lot grading that has been discussed recently, one dealing with parking restrictions around Shongum School during school opening and school closing hours, and one dealing with a Shongum Road sewer line and the special assessment for that project
  • There will be professional service agreements for work to be undertaken on the 42 Bennett Avenue site
  • Two resolutions that will be used to recover funds for the Allies, Inc. and Habitat projects

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed disappointment that $3,000.00 will not be placed back into the Freedom Festival Parade. She is concerned about the quality of the parade and that the volunteers will become discouraged.

Lee Whilden, 82 Radtke Road, noted the new stop signs proposed for town and asked if Randolph makes their own stop signs.

Manager Lovell responded that Randolph does.

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

COUNCIL AND MANAGER COMMENTS

Councilman Obremski noted that he attended the First Annual Morris County Prosecutor’s St. Patrick’s Day Awards Ceremony honoring public servants of Irish-American descent.

Councilman Algeier stated that the County College of Morris is going to be undertaking some additions involving retail space and office space. It is his belief that these types of construction generate COAH obligations. He doesn’t think that Randolph should sustain COAH obligations for the college’s project. The Councilman is aware of several other towns proposing legislation that would create an exception when a governmental agency creates obligations and the town has no choice in the matter. He asked the Township Manager to find out more about this legislation and suggested Randolph consider supporting other communities in the hope of getting the legislation passed.

Councilman Algeier asked for a map of the town showing where each of the proposed stop signs will be placed.

Councilman Obremski noted that the intersections where the stop signs are being proposed are stop streets and, by statute, drivers are required to stop whether or not a sign is there. The Traffic Safety Advisory Committee believes the placement of stop signs at these intersections will serve as reminders to the drivers and decrease the Township’s liability.

Councilman Algeier stated that he believes the residents will view the placement of these stop signs as a way to increase revenue.

Councilman Napoliello noted that he likes the Bennett Avenue project and hopes that it will move forward. He also congratulated the Township Manager and Finance Director on their work on the budget and he believes the Council has taken into consideration the residents, the economy, and the employees of Randolph.

Deputy Mayor Alpert asked if the Manager has received any response from Parsippany regarding the traffic light on West Hanover Avenue at Shongum Road.

Manager Lovell responded that he has not heard anything yet and will contact them again.

Mrs. Whilden remarked that the senior community is feeling the loss of two Randolph residents and employees, George Forberger and Frank Monti, who passed away in March and asked that they be remembered this evening.

Councilman Napoliello noted that Al Baran, who headed the Parks Committee for a number of years, passed away recently.

Mayor Metz congratulated the Township Manager and Finance Director for their work on the budget. The email alert system is running well. The fire department will be hosting a Comedy Night on April 25 and encouraged everyone to attend and support the fire department. The Mayor noted that several members of the fire departments have commented that they appreciate when Council members attend their events and show support. Over 100 high school students and 50 local businesses will be participating in Career Day on April 22.

Mrs. Stewart noted that the Ironia fire house will host a pancake breakfast on March 29.

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. Tax Appeal—Aspen One
b. Tax Appeal—Aspen Four
c. Personnel
d. Berger Tax Appeals

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

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

Deputy Mayor Alpert made a motion to move into Executive Session at 9:05 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Price made a motion to return to open session at 9:20 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Tax Appeal Settlement—Aspen One

R-111-09

WHEREAS, Aspen One LLC, the owner of the property located at Block 18, Lot 1.06, on the official tax maps of the Township of Randolph, also known as 1 Aspen Drive, 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 and the Township of Randolph have agreed to maintain the assessment of the subject property for tax year 2007 in the amount of $3,478,000.00; 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 $3,478,000.00 to a total assessment of $3,105,600.00; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $11,328.41; and

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

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

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township’s Tax Assessor 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 1.06, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $3,478,000.00 to a total assessment of $3,105,600.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $11,328.41 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.

Tax Appeal Settlement—Aspen Four

R-112-09

WHEREAS, Aspen Four LLC, the owner of the property located at Block 18.02, Lot 4, on the official tax maps of the Township of Randolph, also known as 4 Aspen Drive, 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 and the Township of Randolph have agreed to maintain the assessment of the subject property for tax year 2007 in the amount of $1,142,900.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for tax year 2008 from a total assessment of $1,142,900.00 to a total assessment of $985,000.00; and

WHEREAS, the proposed settlement for the subject property for the 2008 tax year results in a total tax refund of $4,803.32; and

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

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

WHEREAS, it is the recommendation of the Township’s special counsel for property tax appeals, in consultation with the Township’s Tax Assessor 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 18.02, Lot 4, on the official tax maps of the Township of Randolph shall be reduced for tax year 2008 from a total assessment of $1,142,900.00 to a total assessment of $985,000.00.

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund up to $4,803.32 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

Councilman Napoliello made a motion to adjourn the meeting. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

The Mayor adjourned the meeting at 9:25 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 Metz.

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

1.) Tax Appeal: Aspen One

Manager Lovell briefly explained the settlement of this Tax Appeal for Aspen One. The settlement amount was $11,328.41 for the years 2007 and 2008.

2.) Tax Appeal: Aspen Four

Manager Lovell briefly explained the settlement of this Tax Appeal for Aspen Four. The adjusted settlement amount was $4,803.32.

The above items 1 & 2 will be voted on when the Council goes back into regular session.

3.) Personnel

Do not release.

4.) Berger Tax Appeal

Councilman Algeier stated he spoke to Rich DeAngelis concerning this Tax Appeal and he feels that Rich DeAngelis’ firm can’t represent Randolph on this Tax Appeal because it is conflicting.

_________________________
Donna M. Brady
Deputy Clerk