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: February 21, 2019

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on November 29, 2018 by emailing them the annual resolution adopted by the Council on November 1, 2018. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 6, 2018.

2. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

Also present: Township Manager Mountain and Keli Gallo from the Buzak Law Group

3. Pledge of Allegiance

Mayor Loveys led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Presentation—Liberty Tree Memorialization Project—Environmental & Landmarks Committee

Larry Appel, a member of a subcommittee of the Advisory Environmental & Landmarks Committee, presented the following overview:

  • The Liberty Tree dated back to 1720, and was designated a Historic Landmark in 1980. It was the oldest tree in Randolph until its removal on August 31, 2018.
  • The objective is to create a number of memorials utilizing the wood from this tree. The memorials will continue to symbolize Randolph’s commitment to the preservation of history.
  • A group of Randolph residents: Chris Dzerovych, Ella Ravin, and Rich Miller, along with Gail Hari and Janet Lorey from the Historical Society of Old Randolph (HSOR) gave a presentation at the Advisory Environmental & Landmarks Committee on preserving the remains of the tree and developing a plan for the memorials. This group did a lot of work and put a lot of thought into their ideas for memorializing the tree.
  • The plan was divided into a number of phases. The initial phase is to develop an overall plan, confirming project direction, defining priorities, and funding. With direction, the plan will move to phase 2.
  • The objective of phase 2 is to show details of the project design. The committee helped to prioritize the projects as funding is made available.
  • Once the designs are determined, the committee will continue to solicit artists to create a design that will be brought before the Council for approval. Once approved, and funding is secured, artist and contractor will be engaged.
  • If there are excess funds available after the four initial projects are complete, they would be utilized for additional projects or to fund future maintenance of the four projects.
  • For each of the projects, they have to develop final site, the donation of a finished work product to the township, and develop and confirm the maintenance requirements.
  • The project proposals are:
    • Large cross section of tree with key dates & milestones in Randolph history to be located indoors at the Municipal Building.
    • Large cross section of tree with key dates & milestones in Randolph history outdoors under a timber roof in close proximity to the Randolph Museum.
    • Sculpture of a lion, as represented in the Randolph Township logo, outside in front of the Municipal Building.
    • Bench carved from a section of the tree, placed in the Randolph Public Library.
  • Other discussion items:
    • Remains of the Liberty Tree are currently stored on township property; they are requesting the storage of the tree to continue for 18 months.
    • Request guidance if the stored wood would remain property of the township or will be donated to the HSOR or other non-profit entity.
    • Funding—request guidance and endorsement in creating proper solicitation and collection of donations from residents, businesses, and clubs to fund the projects.
    • Would like the ability to recognize volunteers and donors on the projects.
    • Would like advice as to an appropriate time/event in the future for an unveiling/dedication.
    • The Advisory Environmental & Landmarks Committee and the HSOR to be consulted and provide guidance on all projects and will provide a recommendation to the Council for final approval of all proposed projects.
    • Request guidance on how to allow contractors hired by the HSOR or other non-profit entity to perform cutting, sculpting, or wood treatment work on township property under the condition that the contractor is insured and will hold the township harmless.

Larry noted that Ella Ravin was also in attendance, and they could address any questions.

Mayor Loveys summarized the information for clarity:

  • The wood is currently being stored at the Recycling Center.
  • There is no issue with the timing of storage.
  • There are four proposals for designs.

Councilwoman Veech asked what it was that the committee was asking for from the Council at this time. Larry explained that his presentation was the official introduction to the projects; in order to move to the next step, physically planning and engaging an artist would be required to create work and encumber costs. They are working toward fully funding the projects through donations. At this time they are requesting the endorsement of the Council to move forward with the projects. They want to verify that they have the correct process in place for the projects, as well as a confirmation of the locations to allow artists to prepare a suitable monument for the location.

Mayor Loveys commended the committee for their work to date. He explained that it might be beneficial for the Council to create a subcommittee of three members to work with the committee. Given the scope of the projects and the guidance requested by the committee, it would be difficult for the Council to make decisions in one night.

Manager Mountain felt that these projects and the collaboration would work best with the facilities workgroup, instead of creating a new group. They will be meeting in March and this could be added to the agenda. The Mayor agreed with the Manager and explained what the facilities workgroup encompasses.

Councilman Forstenhausler suggested that the Council discuss the proposed projects to determine if there was a consensus for support. Mayor Loveys explained that he was going to ask for a general consensus from the Council as to whether the Liberty Tree should be memorialized, not specifically about each of the projects.

Larry Appel explained that the Power Point presentation was not meant for the Council to take action; it was the presentation that the Liberty Tree Committee made to the Parks Committee. It was to confirm direction and establish the potential locations for each of the projects. The committee was looking for direction and guidelines.

Mayor Loveys asked if there was a consensus from the Council for the facilities workgroup to meet with the Liberty Tree Committee to discuss the details and report back to the Council.

Councilwoman Veech reiterated that the three members of the facilities workgroup would meet with the Liberty Tree Committee and then report back to the full Council. Larry explained that they were looking for two things, direction to move forward and guidelines in order to solicit artists.

Mayor Loveys stated that the facilities workgroup will meet in March. He asked who to contact to coordinate a meeting. Advisory Environmental & Landmarks Committee chairperson, Walt Nickens replied that they can contact him. The Council members agreed to have the facilities workgroup coordinate with the Liberty Tree Committee.

Deputy Mayor Carey stated that she was impressed by the amount of work and dedication the Liberty Tree Committee members have shown.

Ella Ravin stated that the Liberty Tree, in order for it to cure and not to be destroyed, it needs proper ventilation. If it sits where it is for a long time, bugs will get in and fungus will grow. The committee was looking to get approval to move forward so they can preserve the tree and secure artists to do the work. Ella explained that the Liberty Tree Committee established a non-profit organization, Friends of Randolph Liberty Tree, Inc. (FRLT). They hoped to use the organization for fundraising. Mayor Loveys replied that it isn’t the intention of the Council to drag it out; however, they didn’t want to provide the committee with misinformation. The Council will need to come to a consensus on the locations and other details, and that would be best determined by having the facilities workgroup handle it. There was some discussion on the timeframe for the Council to meet again with the Liberty Tree Committee and provide direction.

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

  • DPW Personnel—two long-time Public Works Department Foremen are retiring over the next several weeks; Mark Montemarano is retiring at the end of March after a 36 plus year career with the township and Lou Pieper is retiring at the end of February after 31 years served as a township employee. He stated that they both would be missed and wished them well. He and Director Tom Sweeney completed a thorough process to identify candidates to fill the vacancies to be created by these retirements. They selected two very qualified individuals from within the department to be promoted to foreman, Robin Huff and Chuck DeCristoforo. Robin has been with the township for over 20 years; Chuck is close to 10 years. Both possess excellent leadership skills and a thorough knowledge of the job requirements.
  • Freedom Festival/4th of July Parade/Fireworks—the dates for the festival will be July 4th - 6th. The parade and fireworks will be on Saturday, July 6th. He and Russ Newman have been working with representatives from the Kiwanis Club to integrate a few changes to this year’s event in response to the feedback received from the community in a survey conducted after last year’s festival. The changes include a new look firework display, expanded and improved musical entertainment, the introduction of a beer garden for adult attendees, a partnership with a twilight 5K road race that will take place on Friday night, additional participatory activities for young and old, and expanded vendor options. The budget for the fireworks display has been increased and the display specifications have been revised which should make the display even grander than in prior years. It is hoped that these changes will enhance the experience for those attending as well as spur greater attendance at this year’s event. He asked Council members to share the information on the dates and to encourage greater community involvement. The Kiwanis will be advertising on the billboard on Route 10, as well as in the various township media.

Councilwoman Veech added that there would be a dunk tank featured at the Freedom Festival. She asked if there was a date for the Country Fair; Manager Mountain replied that it is the third Saturday in September.

E. COMBINED ACTION RESOLUTIONS

1. Refund a Portion of a Tree Bond for 101 High Street, Block 142, Lot 10 to Caterina Falcone—$1,000.00

R-56-19

WHEREAS, the Planning and Zoning Department received a tree bond posted by Caterina Falcone, 101 High Street, for Block 142, Lot 10 in the amount of $2,000.00; and

WHEREAS, a portion of the requirements have been met and completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator that a portion of the tree bond in the amount of $1,000.00 be refunded to Caterina Falcone, 101 High Street, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

2. Refund Tax Sale Certificate for 4 Elodie Lane, Block 198, Lot 4.08 to Four Corners Capital—$624.93

R-57-19

WHEREAS, Tax Sale Certificate #18-40 held by Four Corners Capital, and currently assessed to Gary and Michele Vicaro and known as, Block 198 Lot 4.08 and also known as 4 Elodie Ln; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Full Spectrum Legal the law firm representing the mortgage holder for the property. The redemption includes principal and interest in the amount of $224.93. There is also a premium due in the amount of $400.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $624.93 to Four Corners Capital lien holder of Tax Sale Certificate #18-40.

3. Refund Tax Sale Certificate for 8 Lawrence Road, Block 117, Lot 4 to Sunshine St Cert VII/Bank United TTE—$56,654.38

R-58-19

WHEREAS, Tax Sale Certificate #18-24 held by Sunshine St Cert VII/BankUnited TTE, and currently assessed to 8 Lawrence Road, LLC and known as, Block 117 Lot 4 and also known as 8 Lawrence Rd.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by O’Donnell McCoy Heleniak the law firm representing the sale of the property. The redemption includes principal and interest in the amount of $33,554.38. There is also a premium due in the amount of $23,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $56,654.38 to Sunshine St Cert VII/BankUnited TTE lien holder of Tax Sale Certificate #18-24.

4. Authorizing an Addendum to the Construction Official/Building Inspector, HHS Shared Services Agreement Dated February 6, 2014

R-59-19

WHEREAS, the Township of Randolph previously entered into an Agreement with the Township of Roxbury, whereby the municipalities determined to share Construction Official/Building Inspector and HHS Services for use by their respective communities with Roxbury serving as the lead agency; and

WHEREAS, the municipalities desire to extend the Agreement for an additional five (5) years under the same terms and conditions; and

WHEREAS, the municipalities wish to enter into an Addendum extending the term of the Agreement for an additional five (5) years.

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

  1. The Mayor and Township Clerk are hereby authorized and directed to execute the Addendum to the Construction Official/Building Inspector, HHS Shared Services Agreement between the Township of Roxbury and the Township of Randolph, a copy of which is on file in the Office of the Township Clerk. The Addendum to the Construction Official/Building Inspector, HHS Shared Services Agreement may be inspected by the public in the Township Clerk’s Office during normal business hours.
  2. All Municipal Officials are hereby authorized and directed to take whatever actions may be necessary to implement the terms of the Addendum and this Resolution.

This Resolution shall take effect immediately.

5. Refund Building Department Fee for Block 126, Lot 3—51 Everett Drive to SunRun Installation Service due to the Owner Cancelling the Installation of Solar Panels—$343.20

R-60-19

WHEREAS, the Building Department received a permit fee from SunRun Installation Services for the installation of solar panels at Block 126 Lot 3—51 Everett Drive in the amount of $ 440.00; and

WHEREAS, the Building Permit Fee of $440.00 was received and deposited with the Finance Department on August 31, 2018.

WHEREAS, the homeowner has decided not to move forward with the project; and

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 Rod Schmidt, Construction Official, that the Township return the fee (minus the DCA fee of $11.00 and the 20% for the review fee of $85.80) in the amount of $343.20 to SunRun Installation Services, 26 Worlds Fair Drive, Unit K, Somerset, NJ 08873.

6. Raffle License, Off-Premise 50/50, Morris County Organization for Hispanic Affairs, County College of Morris, Davidson Room in the Student Center, 214 Center Grove Rd., Randolph, April 26, 2019 at 10:00 p.m.

7. Raffle License, Off-Premise Merchandise, Greek Orthodox Community Center of Randolph, 1447 Sussex Turnpike, Randolph, May 12, 2019 at 1:00 p.m.

8. Raffle License, Off-Premise Merchandise, Greek Orthodox Community Center of Randolph, 1447 Sussex Turnpike, Randolph, June 30, 2019 at 1:00 p.m.

9. Raffle License, Off-Premise 50/50, Pearls of Wisdom Foundation, Inc. at the Skylands at Randolph, 792 Route 10 West, Randolph, NJ on October 20, 2019 from 5:00 p.m. to 9:00 p.m.

Councilwoman Veech made a motion to approve the Combined Action Resolutions. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

F. UPCOMING EVENTS

  1. Randolph Rescue Squad 2019 Installation Dinner, February 23, Roxbury FD Company #1, 122 Main Street, Roxbury from 6:00 p.m. - 11:00 p.m. RSVP to .(JavaScript must be enabled to view this e-mail address)
  2. Habitat for Humanity, Hearts and Hammers Gala, Saturday, February 23 at the Meadow Wood Manor from 6:00 p.m. - 11:00 p.m.
  3. Ironia Fire Department Inspection Dinner at Picatinny Arsenal at Picatinny Cannon Gates Hall on March 2 at 6:00 p.m. (rescheduled from 1/19)
  4. Morris County St. Patrick’s Day Parade in Morristown on Saturday, March 9 from 12:00 p.m. to 2:00 p.m.
  5. Library Event: Danny & the Boys, Sunday, March 10 at 2:00 p.m. - registration required—973-895-3556
  6. Randolph Area Chamber of Commerce Business After Hours Free Quarterly Networking Event at Provident Bank, March 14 from 5:30 p.m. to 7:30 p.m.
  7. Council Only—Morris Museum, 6 Normandy Heights Road, Morristown—Opening of a Cache of Kinetic Art: Simply Steampunk on Thursday, March 14 from 6:00 p.m. to 7:30 p.m.—RSVP to 973-971-3721
  8. Randolph Area Chamber of Commerce Monthly Networking Luncheon at LaStrada Ristorante, March 21 from 11:45 a.m. to 1:15 p.m.

G. ORDINANCES: INTRODUCTION

Mayor Loveys explained that Ordinance No. 04-19 and Ordinance No. 05-19 were discussed at the December 6, 2018 Council meeting; Planning and Zoning Administrator Darren Carney reviewed the details with the Council at that meeting.

1. Ordinance No. 04-19 Amending the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey to Establish the Village Mixed Used—VMU District and to Rezone Several Properties in Accordance with the Mount Freedom Planning Study Update

Manager Mountain explained that this ordinance amends the land use ordinance to establish a Village Mixed Use district and rezone several properties in the Mount Freedom area consistent with the recommendation of the Planning Board and the Mount Freedom Planning Study Update. At the December 6, 2018 Council meeting there were a number of comments; Darren Carney then worked with legal counsel to tweak the ordinance to reflect items that needed changing.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY TO ESTABLISH THE VILLAGE MIXED USE—VMU DISTRICT AND TO REZONE SEVERAL PROPERTIES IN ACCORDANCE WITH THE MOUNT FREEDOM PLANNING STUDY UPDATE” 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 21st of March 2019 at 7 o’clock 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.

Councilwoman Potter asked about the outdoor dining section of the ordinance. The ordinance specifies night time restrictions; she asked if there were any daytime restrictions. Darren Carney replied that the ordinance is exactly the same as the B1zone that was set up years ago; the morning hours would be regulated by the noise ordinance which goes into effect at 7:00 a.m. There are no restrictions for mornings for cafes or anything else.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

2. Ordinance No. 05-19 Amending Sections 15-23.2, 15-25, 15-26.2, 15-35.3 and 15-39.5 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

Manager Mountain explained that this is the complementary ordinance to Ordinance No. 04-19; it amends specific sections of the Land Development Ordinance to implement the changes recommended by the Planning Board and the Mount Freedom Planning Study Update. The ordinance effectively establishes the use descriptions for the specialty shop village office center.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-23.2, 15-25, 15-26.2, 15-35.3 AND 15-39.5 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 21st of March 2019 at 7 o’clock 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.

Mayor Loveys clarified that one of the things this ordinance does is establish overlay zones along Woodlawn Road. Darren Carney replied that was correct, as well as the properties in the VMU Zone District on Sussex Turnpike.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

H. OPEN TO THE PUBLIC

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

I. COUNCIL COMMENTS

Councilwoman Potter reported that the Traffic Advisory Committee did not meet on February 5th because they did not have a quorum.

Councilwoman Potter attended the reorganization meeting of the Environmental & Landmarks Committee. They encouraged membership to the Historical Society of Old Randolph; the membership form can be found on the township website. They also prepared for the presentation to the Council about the Liberty Tree.

Councilwoman Potter attended the Morris County Mental Health Addiction Services Advisory Board meeting on February 14th. The board is committed to developing and maintaining a unified system of addictions and mental health services for all residents of Morris County; it coordinates with the state and local provider groups. The state representative happens to be a Randolph resident. Thirty-three of the 39 municipalities in Morris County have an Alliance Committee; 28 of the municipalities receive funding. Randolph is number seven on the amount of 2019 funding, with $17,248. There is a formula used to determine the amount of funding. The members of the advisory board were excited about Mayor Lovey’s enthusiasm for mental health related issues. The possible impact of the minimum wage increases for mental health was discussed; the funding remains the same, but due to the wage increases, the county provider will be able to provide fewer hours of services and the providers will have more difficulty attracting talent. Their worry is that these two issues may translate into fewer services for Morris County.

Councilwoman Potter thanked Mayor Loveys for presenting the time capsule information at the last meeting. She is going to send a memo to the Board of Education liaison, the Parks Committee liaison, and the Environmental & Landmarks Committee to get interest in the project.

Councilman Nisivoccia attended the Board of Health meeting; a representative from the Board of Education also attended. There is a big concern in the schools about the students’ vaping, both in and around the school district buildings. It was proposed by the Board of Health that the township’s ordinance be adjusted to include electronic cigarettes; it currently reads tobacco and tobacco products. Mark Caputo will work with Manager Mountain to determine if changes are needed and if so, discuss the specific wording.

Councilman Nisivoccia reported that he was very impressed with the efforts to date of the Liberty Tree Committee. Chris Dzerovych has been calling him and working on obtaining a milling company; she has been doing a lot of behind the scenes work.

Councilman Tkacs attended the reorganization meeting of the Planning Board; Art Lee will again be the Chairperson and Myra Sesko will be the Vice-Chairperson.

Councilman Tkacs attended a FRAC meeting—Freight Railways Advisory Committee for the County. There are some limitations in Morris County because the railways cannot accept the super-heavy rail cars that other freight lines can handle; that was limiting their competitive ability.

Councilman Tkacs noted that it was reported at the DOT meeting that at pedestrian road crossings, pushing the button does not make the light change; it allows for more time for the pedestrians to cross the road.

Councilman Tkacs and other Council members attended the play, South Pacific, at the Brundage Park Playhouse; it was a nice show.

Deputy Mayor Carey reported that the Recreation Committee meeting was canceled due to not having a quorum.

Mayor Loveys attended South Pacific at the Brundage Park Playhouse. He felt the theater was very nice, with the new seats. The Mayor felt the arts, both visual and performing, are very important and should be promoted in the township.

Mayor Loveys and several Council members attended the Randolph Area Chamber of Commerce luncheon earlier in the day. He felt the businesses appreciate that members of the Council attend these luncheons. The topic was the new tax laws and how they might affect people personally as well as in their businesses.

Councilwoman Veech asked Manager Mountain or Donna Luciani to provide the Council with an updated workgroup listing.

J. EXECUTIVE SESSION

There was no Executive Session.

K. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 8:05 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None