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

Minutes: February 18, 2021

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:00 p.m. by Mayor Forstenhausler. The meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate and electronic notice of the amended meeting schedule 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. The notice was posted on the Bulletin Board within Town Hall, on the main entrance doors to Town Hall; it was filed with the Township Clerk, and provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter, the Morris County Daily Record and TapInto Randolph on January 25, 2021, by emailing them the annual resolution adopted by the Council on January 21, 2021. The amended 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 January 28, 2021.

2. Roll Call

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

Also present: Township Manager Mountain, Township Planning and Zoning Administrator Darren Carney (via Zoom) and Township Attorneys Edward J. Buzak and Keli Gallo from the Buzak Law Group (via Zoom)

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

Mayor Forstenhausler read a statement on behalf of the council, responding to the questions relayed by Dr. David Timpanaro during the January 21, 2021, regular council meeting.

1. Dr. Timpanaro asked where the council stood on the comment “we didn’t know this even existed,” when referencing racism, bigotry, hate, and anti-Semitism.

The council answered that the mayor’s comments “right here in Randolph, where we didn’t think that type of thing existed” and “and now we all see that that behavior is a lot more widespread than many of us thought” was regarding conversations with friends and neighbors in the township who expressed surprise following the incidents this past summer involving high school students. He meant that it may have been an eye-opener for some residents in Randolph. The mayor was not speaking of himself and the council. While serving as mayor in 2018, Mayor Forstenhausler attended and spoke at several synagogues in support of residents of the Jewish faith for unity and solidarity gatherings in the wake of anti-Semitic acts around our country and the world. He attended unity gatherings with the Muslim community. He participated along with other council members in the Black Lives Matter march from Freedom Park to Town Hall. The council recognizes that Randolph is not immune to racism, hatred, bigotry, and anti-Semitism as we are a microcosm of society.

2. Dr. Timpanaro asked, “but, I want to know what it is you all, all seven of you, find political about me coming on to speak about my experiences and ask the township council to respond and act on them. I’d like to know what the township is going to do differently, knowing that my family and several families in town are dealing with this.”

As to responding and acting on Dr. Timpanaro’s concerns and issues, the council responded that they have. The Police Department, the organization in the township charged with the safety of our residents and protection of property, has been notified, and the Police Chief has involved himself directly. If Dr. Timpanaro has other thoughts and suggestions, he could share them with the council for consideration. As to why the council may find his participation in council meetings political, it was because historically he attended and raised concerns and issues during election years, or immediately thereafter.

3. Dr. Timpanaro asked, “And I’d like to know about a post, that was posted on the Randolph Residents page specifically that Mark Forstenhausler wanted removed, that was an advertisement specifically for a food drive for the Township Council in the midst of a pandemic. I’d like to know where all the council members stand on this topic and this issue. This is very important, it is not an attack, but is very important so to understand so we can put these things aside. The township needs a team and togetherness.”

The council answered that the mayor and council have no control over what is posted and or removed from the Randolph Residents Facebook page, nor do they have anything to do with the rules of that page; that is the role of the moderator/administrator.

B. OPEN TO THE PUBLIC

Township Clerk Luciani read the following statement into the record:

Council is now open to the public. If you plan to address the Township Council please bear in mind that you will be asked to limit your comments to six minutes. Should you reach the five-minute mark, you will be advised that you have one minute remaining. If you go past the six-minute mark, your microphone will be muted.

Diana Van Oostendorp of 125 Morris Turnpike informed the council that she is a resident, a nursing student at Saint Elizabeth’s University, and a registered nurse at a local hospital. She was participating in the meeting along with one of her classmates Elizabeth Curr. She explained that as a part of her community service class, students were tasked with finding a community problem and addressing the issue. Mrs. Van Oostendorp stated that she noticed there was a lack of Lyme disease awareness throughout the township trails. She briefly discussed data published by the state Department of Health that demonstrated that Morris County had the second-highest rate of Lyme disease incidents reported within New Jersey. She explained that Lyme disease is a bacterial infection spread to humans by an infected deer tick. Mrs. Van Oostendorp and her classmate wanted to know if the township had any plans to address the issue and inquired who they can speak to about the community health problem.

Mayor Forstenhausler thanked Mrs. Van Oostendorp for her comments. He informed her that the Trails Advisory Committee was aware of the issue and that they would be working with the Recreation Department to look into it further; he also suggested that she attend a committee meeting as well. He was aware of some signs that were currently posted; however, he stated that it would be further looked into.

Dr. David Timpanaro of 450 Quaker Church Road thanked the mayor and council for discussing his questions. He wanted to respond to the council’s statements and bring up some points he believed were overlooked.

He suggested that the township needed local legislation, police presence was helpful, but unfortunately, the police can only be in so many places at one time and many acts occurring around the community were random, making capturing the incidents difficult. He stated that the police are a deterrent for those occurrences, but local legislation is still needed.

He understood that the purpose of the Diversity Inclusion Steering Committee (DISC) was important and stated his concerns on the summer delivery of the committee’s recommendations, as anti-Semitism and racism will continue before the summer hits. He recommended that the Township Council establish a committee of local residents and professionals; he stated that he would be happy to have a conversation offline to discuss it further. He stated that he had plenty of professional experience, but he believed it would be helpful to involve other community members.

In reference to being political, he understood that the mayor had the opinion that he was only showing up to meetings when he was running for office. Dr. Timpanaro stated that he was not currently running for office and that his name was not on a ballot; he stated that he was a resident before anything else. He assumed that his presence was once again being perceived as political and stated that the notion was an assumption and an opinion and that it did not alleviate the council’s duty to represent him as a resident.

He added that he appreciated the council addressing his questions during a public meeting.

In reference to the food drive portion of the council’s statement, he understood that the council had no control over the Facebook page in question; however, he did not mention which Facebook page he was referring to. He stated that although the council does not have control over that page, the intent to remove the advertisement was there. He added that it was sad that in the middle of a pandemic it was more important to put party over people and that an attempt to sabotage a food drive, which was partially successful, was made. He stated that he was speaking directly to that attempt, and wanted a response to it.

He stated that the week of July 10, the Randolph Conservatives Facebook page that Mark Forstenhausler was the admin for, was pulled down for racial comments. He explained that Mark Forstenhausler stated that he was not active on Facebook and that he did not notice the comments, but that same week he attempted to have the food drive post pulled and found the time to police a separate page with non-racial comments.

He shared that during a January 7 council meeting, he specifically asked the council if they believed that Black Lives Matter, to which Mayor Forstenhausler spoke as a representative of the council and responded, “Of course. We care about all lives-”

Clerk Luciani informed Dr. Timpanaro that he had one minute remaining.

Dr. Timpanaro continued relaying Mayor Forstenhausler’s response- “of course, we care about all lives and black lives.” Dr. Timpanaro suggested that his response indicated a separation between the two. He stated that because the mayor was a part of the DISC, his statement was a very strong one to make as the community is trying to get rid of some of the related issues.

He stated that he would like to understand where the council and Manager Mountain stood on the legality of the mayor being able to block people on Facebook when he used his personal page for official township announcements. Dr. Timpanaro stated that he wanted to understand if the blocking could be prevented because it blocked him from receiving information that his family could depend on.

Mayor Forstenhausler thanked Dr. Timpanaro for his comments. He stated that virtually all of Dr. Timpanaro’s questions had been answered via the multiple emails that he sent to the council and with the statement the council made this evening. Mayor Forstenhausler informed Dr. Timpanaro that he does not post anything about township business on his Facebook page; the time he did was in 2018 when the township’s social media accounts were not active. He stated that Dr. Timpanaro was not being prevented from seeing anything that the township posts on its social media accounts and websites; he addressed this point in an email to Dr. Timpanaro and stated that he would not discuss it further.

Phil Sheehy of 9 Birchwood Road responded to Mrs. Van Oostendorp’s concerns about Lyme disease awareness. As chairman of the Trails Advisory Committee, he invited her to attend a committee meeting and discuss the importance of Lyme disease awareness; he also informed her that the committee finds the issue very important. He stated that he was aware that signage was located near some of the trailheads, and suggested that she could help with developing appropriate signage to put up at kiosks and other trailheads.

Mrs. Van Oostendorp responded that she appreciated the invitation; the topic was something that she wanted to work towards addressing.

Seeing and hearing no one further, the public portion was closed.

C. MANAGER’S REPORT

* COVID-19 Update—The number of reported COVID-19 cases in Randolph has declined slightly in the past few weeks. Since the Township Council’s last regular meeting in January, 222 new cases have been reported, including 3 new confirmed cases today. The township’s total number of cases is now up to 1,350. The relative decline is not a reason for the community to let its guard down. Social distancing, travel, and gathering restrictions must continue to be followed, along with proper mask-wearing.

* COVID-19 Vaccination Rollout—As of Monday, February 8, 2021, one million doses of the COVID-19 have been administered in New Jersey. The rollout continues to be slow due to the supply of vaccines available being lower than the demand for vaccinations. Despite the issues with meeting the demand, the state is continuing to make progress towards completing its goals for phase 1B of the rollout, which includes individuals over the age of 65 and those individuals between the ages of 16 and 64 who have specific underlying health issues.

* Information for how residents can sign up to be notified of when appointments become available can be found on various websites including the town, County, and State websites and/or through the call center established by the State. Currently, the primary vaccination site in Morris County is the mega-site established at the Rockaway Mall. In the past week, CVS Pharmacy joined the list of private entities administering vaccinations, joining Shoprite and Zufall Clinic in Morristown and Dover. Information on vaccination locations can also be found on the town, County, and State websites.

* DOT/Route 10 Intersection Update—A follow-up Call to the virtual meeting with the NJDOT Commissioner took place this past week between township staff and NJDOT staff to review plans for the Canfield Avenue intersection and discuss options for further improvements to the Dover Chester Road intersection. The call was productive; he report on the following items that resulted from the discussion:

The state confirmed the receipt of the permit application from the town for the Canfield Avenue road improvement. Town Engineer Paul Ferriero confirmed the engineering firm representing Performance Ford will be submitting the associated plan within the week.
State Engineer’s confirmed they will be looking to coordinate interim changes to the light at the intersection with road improvements.
Final improvements to the light infrastructure and phasing will be implemented with the Route 10 resurfacing project scheduled for 2023/24.
Agreed to look into several interim improvements at Dover Chester intersection including the following:
- New programming for the light cycle allowing for a longer timing for the green light triggered by cars at the stop bar at both the east and west bound Route 10 juggle handle exit ramps.
- Agreed to investigate a plan to widen the west bound Route 10 juggle handle lane to allow a longer left turn lane, creating less obstruction for cars exiting right from the jug handle.
- Agreed to explore expanding the north bound Dover Chester Road interface with the Route 10 intersection to allow for a second left hand turn lane (which will increase the flow of traffic through the intersection).
A meeting was scheduled for mid-March to review the progress on the items outlined.

* Jackson Brook Interceptor—The Township’s Sewer Master Plan consultant, Suburban Consulting has completed the chapter of the plan pertaining to the Jackson Brook Interceptor (JBI). The JBI is the approximately 18,000 Linear Foot sewer interceptor system (of which 14,000 linear feet of which Randolph is responsible) and it services portions of Randolph, Mine Hill, and a few residences in Dover. Suburban presented the completed Chapter to staff and the members of the Infrastructure Work Group at the end of January. The completed chapter provides an evaluation of the service area to the JBI, an associated pump station at Arrowgate, and an analysis of the interceptor’s capacity.

The chapter will ultimately be part of the overall Sewer Master Plan when that document is completed later in the spring. The work completed by Suburban achieves all of the objectives we set for the evaluation/analysis. It provides a baseline of mapping, documentation, and flow data on the interceptor that we previously did not have compiled in one accessible location. It also confirms that there is available capacity for the proposed affordable housing projects seeking to tie into the interceptor. Finally, it provides the background information needed for the township to evaluate future connections to the interceptor sought by Mine Hill under its agreement with the Township.

* Storm Response—Manager Mountain publicly acknowledged the excellent winter clearing and road treatment completed by the DPW, Water, and Sewer, and Parks Department road crews. He stated that the winter season had been a challenge with the variety and abundance of storms and praised the crews for having done a great job of keeping the township’s roads open and safe. He commended the Director of Public Works, Tom Sweeney, for his leadership and coordination of the storm responses to date.

Councilwoman Veech asked Manager Mountain about the status of the township’s salt reserves. Manager Mountain informed her that the town has large salt bins that allow for the ability to stockpile a greater reserve than smaller towns. He stated that recent storms have used some material, but the township was in good shape to address several future storms should they occur.

D. APPROVAL OF MEETING MINUTES

1. Approving the Regular Council Meeting Minutes for January 7, 2021 and January 21, 2021

Deputy Mayor Potter made a motion to approve the Regular Meeting minutes for January 7, 2021 and January 21, 2021. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

E. UPCOMING EVENTS

Budget Meeting, Saturday, February 20, 2021, at 8:30 a.m. Courtroom in Town Hall, 502 Millbrook Avenue, Randolph, NJ 07869
American Heart Month Blood Drive, Thursday, February 25, 2021, 11:00 a.m. to 8:00 p.m., Randolph Rescue Squad, 780 Route 10 West, Randolph—to schedule nybc.org/njdrive: sponsor code 69033
Hearts and Hammers Gala—Virtual—February 25, 2021—7:00 p.m. to 8:00 p.m. (Pre-Show starts at 6:45 p.m.)
WAWA Grand Opening, 358 Route 10 West, Randolph, March 4, 2021, from 7:30 a.m. to 8:10 a.m.

Councilwoman Veech wanted to make it known that the Hearts and Hammers Gala was not just for the council. She encouraged people to participate and stated that anyone interested should visit the Morris Habitat for Humanity website.

F. COMBINED ACTION RESOLUTIONS

R-57-21 Refund a portion of $1,200.00 registration fee for children to attend the Winter Ice Hockey program as the Recreation Dept. has pro-rated the fee due to an interrupted season from Covid-19—Erin George—$315.00
R-58-21 Cancellation of outstanding checks in the amount of $250.00
R-59-21 Authorizing contracts with an additional approved ESCNJ contract vendor under the Educational Services Commission of NJ Cooperative Pricing System (ESCNJ)
R-60-21 Authorizing appropriation reserve transfers per N.J.S.A. 40A:4-59—total $14,500
R-61-21 Authorizing finding vendor in default, rescinding award, and re-awarding various categories of MCCPC Contract 16 (Office Supplies)
R-62-21 Renew membership and authorization to continue operation of the MCCPC as the “Lead Agency” on behalf of its members from October 1, 2021 through September 30, 2026
R-63-21 Certifying funds for the second portion of the contract (January 1, 2021 through May 31, 2021) for electrical sub-code inspection services for the period of June 1, 2020 through May 31, 2021 with Building Inspection Underwriters, Inc.—not to exceed $45,000

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 18, 2021

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, has ascertained that funds will be available in the 2021 Budget, Electrical Inspections to award a contract extension to Building Inspection Underwriters for electrical inspection services for the time period January 1, 2021 through May 31, 2021.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-22-200-300 (not to exceed $45,000)

8. Raffle License: Off-Premise Merchandise, St. Matthew the Apostle Parish, 335 Dover Chester Rd., June 27, 2021 at 12:00 p.m.

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

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

NAYS: None

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 01-21 - An Ordinance Amending Article VIII, Stormwater Control Ordinance of the Land Use Development Ordinance

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Amending Article VIII, Stormwater Control Ordinance of the Land Use Development Ordinance” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance is to amend the current Stormwater Control ordinance by incorporating the revisions required as the result of the recent changes to the Stormwater Rule (N.J.A.C. 78:8 et seq.)

OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

BE IT RESOLVED, that an Ordinance entitled, “An Ordinance Amending Article VIII, Stormwater Control Ordinance of the Land Use Development Ordinance” 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 Tkacs made a motion to adopt the ordinance. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

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

NAYS: None

H. ORDINANCE INTRODUCTION

1. Ordinance 02-21 - Calendar Year 2021 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.15a et seq)

Manager Mountain explained that the purpose of the ordinance is to allow the Township to exceed the Municipal Budget Appropriation Limits if necessary and to establish a Cap Bank for 2021.

BE IT RESOLVED, that an Ordinance entitled “Calendar Year 2021 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.15a et seq)” 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 remotely on the 4th, of March, 2021, via Zoom at 5:00 p.m. at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance. Instructions on how to join the meeting will be posted on the Township website prior to the March 4, 2021, Council meeting.

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

Councilman Tkacs made a motion to adopt the ordinance. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 03-21 - An Ordinance Making the Provisions of Subtitle One of Title 39 with Various Traffic Regulations Applicable to the Gas Station/Convenience Store (Wawa) on Lots 2 and 5 in Block 137, 358 Route 10 West, and Regulating the Use of said Roadways, Streets, Driveways and Parking Lots by Motor Vehicles

Manager Mountain explained that the purpose of the ordinance is to regulate the parking lot traffic within the Wawa site located at 358 Route 10 West.

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Making the Provisions of Subtitle One of Title 39 with Various Traffic Regulations Applicable to the Gas Station/Convenience Store (Wawa) on Lots 2 and 5 in Block 137, 358 Route 10 West, and Regulating the Use of said Roadways, Streets, Driveways and Parking Lots by Motor Vehicles” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

3. Ordinance No. 04-21- An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-7 Single-Family Attached Inclusionary Zone

Manager Mountain explained that the purpose of this ordinance is to amend Article III of the Land Development Ordinance and establish the R-7 Single Family Attached Inclusionary Zone as per the terms of the Settlement Agreement between Randolph Township and LYS Realty Associates, LLC and Toll Brothers, Inc. The ordinance will also allow for the construction of an inclusionary development that will assist the Township in satisfying a portion of its affordable housing obligation.

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-7 Single-Family Attached Inclusionary Zone” be introduced, read by title by the Township Clerk and passed on first reading.

Councilwoman Carey recognized the work that the township staff has put into the settlement agreement process. She asked how soon the developments would be expected to begin. Attorney Ed Buzak stated that there was no schedule in the settlement agreement except that they have to start within 120 days or six months, he couldn’t recall which period it was, but it’s a the fluid date depending on how quickly the developers wanted to present before the planning board. Manager Mountain stated that the township has not been given any current information from the applicant their ready to proceed.

Attorney Buzak stated that from his recollection it was tied to the same period that the township had to introduce the ordinances and that the time periods for the two agreements were slightly different and therefore the submissions of applications may be slightly different. Township Planning and Zoning Administrator Darren Carney added that the developers have not done their engineering designs yet, though they will comply with the stormwater ordinance adopted tonight, they are not fully ready to submit their site plans.

Councilman Loveys stated that his recollection of the settlement agreements may have given the developers a time frame in which they need to proceed and obtain approvals but with respect to starting the project that may be in the hands of the developer with margin conditions. Attorney Buzak agreed with Councilman Loveys and stated that LYS has 120 days from the adoption of the ordinance to submit their application but there is nothing in the agreement on the time frame for actually starting construction. Manager Mountain stated that it really will be defined by market conditions. The developers can get their approvals and sometimes they start right away and sometimes they do not. Attorney Gallo informed that council that the time period is 120 days for developers to file their application for LYS and Toll and also 120 days for Canoe Brook.

Councilman Loveys echoed Councilwoman Carey’s remarks and stated that the township’s professionals spend an incredible amount of time on these agreements. The settlement agreements were approved back in September and our Planning and Zoning Administrator Darren Carney and the township’s consultant, Kathrine, worked out the framework for the ordinances for the bulk requirements and the facets of the developments. This is not something that the Council is seeing new tonight. It was reviewed and is consistent with what was discussed in 2020 and Councilman Loveys is comfortable moving forward on these ordinances.

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

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

NAYS: None

4. Ordinance No. 05-21 - An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-6 Multifamily Inclusionary Zone

Manager Mountain explained that the purpose of this ordinance was to amend Article III, of the Land Development Ordinance and establish the R-6 Multifamily Inclusionary Zone as per the terms of the Settlement Agreement between the Township of Randolph and Canoe Brook Development, LLC. The ordinance will allow for the construction of an inclusionary development that will assist the Township in satisfying a portion of its affordable housing obligation.

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Amending Article III, Zoning, of the Land Development Ordinance of the Township of Randolph to Establish the R-6 Multifamily Inclusionary Zone” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Loveys stated that one of the WHEREAS clauses presented Canoe Brook as the property owner; he asked if they are the owner or the contract purchaser and if the ordinance could be amended to reflect their title accurately. Attorney Buzak responded that he did not know the answer as to whether they were the owner or contract purchaser; he believed that stating it correctly was important. Attorney Gallo informed the council that they were mentioned as a contract purchaser in the settlement agreement, although she did not know if that status has changed. Attorney Buzak suggested that a change be made to reflect “contract purchaser or owner” to cover the concern that Councilman Loveys raised.

Councilman Loveys made a motion to adopt the ordinance with the amended clause reflecting that Canoe Brook is the owner or contract purchaser. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

5. Ordinance No. 06-21 - Amending Sections #15-48, 15-44, 15-30 and15-43 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

Manager Mountain explained that the purpose of this ordinance is to amend Sections 15-48, 15-44, 15-30 and 15-43 of the Land Development Ordinance to be consistent with certain revisions recommended by the Township of Randolph staff regarding tree removal and protection, the regulations for development within steep slope areas, the permitted uses and area and bulk requirements in the Office-Laboratory District and freestanding signs.

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Amending Sections #15-48, 15-44, 15-30 and15-43 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.

Councilman Loveys recalled that sections 1-11 and 15 referenced Zoning Article III when he believed it should reference Zoning Article IV. Sections 12-14 are all related to the office laboratory zone which is in Article III, yet tree removal, steep slopes, and signs are under Supplemental Zoning Article IV.

Mayor Forstenhausler asked Attorney Buzak if that was something that required changing. Attorney Buzak stated that if the descriptions are incorrect they should be changed to reflect the correct articles. He suggested that the ordinance be introduced with the condition that before it is advertised it be checked and that any amendments to accurately reflect articles be changed. The amended version should be the one advertised and discussed during the second reading and final adoption.

Councilman Loveys made a motion to adopt the ordinance with the potential for amendments if deemed appropriate from Zoning Article III to Zoning Supplemental Article IV in sections 1-11 and 15. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

6. Ordinance No. 07-21 - An Ordinance Authorizing the Vacation of a 25 Foot Right of Way within the Township of Randolph

Manager Mountain explained that the purpose of the ordinance is to vacate the Township of Randolph’s interest in a 25 foot right of way on Block 44, Lot 12, as more particularly described in the Deed between 855 Route 10 Associates and the Township of Randolph, which was recorded in the Morris County Clerk’s Office on October 27, 1987 in Book 2977, Page 0717, that is not needed or required for public use or purposes.

BE IT RESOLVED, that an Ordinance entitled “An Ordinance Authorizing the Vacation of a 25 Foot Right of Way within the Township of Randolph” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

I. DISCUSSION

1. Road Name Change—Ironia Road

Manager Mountain explained that there was a discussion back in September regarding a request from a resident of Ironia Road in Randolph to consider a potential name change of the road to mitigate issues of confusion with Ironia Road in Chester Township. Confusion between the road names has resulted in delivery issues and more serious issues concerning emergency services responding to the wrong Ironia Road address. He stated that, at the time the council last discussed this issue, the township had surveyed the 22 properties on Ironia Road to get their input on the proposal to change the road name from Ironia Road to Ironia Mendham Road; by then, only six residents had responded to the township. The council wanted more feedback and a second survey was sent to residents who did not respond. The township has received 12 responses to date; ten of which strongly supported the change, and two were opposed, citing issues with having to make significant changes to their utilities, personal business, and billing contacts.

He shared that a resident suggested that the section of Ironia Road in Chester Township should have the road name changed because there were several fewer homes on the road. He stated that Randolph only has control of Randolph Township roads and that the issue has not been broached with Chester Township because the result in Randolph had not yet been determined. He explained that the clear indication from the feedback received was that residents viewed the issue seriously and show support for the road name change in Randolph. He stated that the decision would have to come from the council as they are the authority that would be able to direct the implementation of the change.

Mr. Carney informed the council that the name change would be bringing the road back to its original name. Ironia Mendham Road was changed to Ironia Road in the early 70s as a part of a larger ordinance. He confirmed that a section of the road is in Chester Township and that the main concern was to address issues with emergency services responding to the wrong Ironia properties.

Mayor Forstenhausler inquired about the survey of the 22 Ironia Road homes in Randolph; ten voted for a name change, ten did not respond and two voted no. Manager Mountain informed the mayor that he was correct and stated that the properties on the road were polled twice. Mayor Forstenhausler was concerned that there was only a majority of responses indicating favor of the name change, rather than a majority of the properties on the road indicating a response. He asked about the ten homes that did not respond to the survey.

Councilwoman Carey asked how the residents were notified of the potential name change. Mr. Carney informed her that the township sent letters twice last year via certified mail.

Councilwoman Carey commented that she understood Mayor Forstenhausler’s concerns and the concerns residents had of having to change their address for multiple entities. She stated that in the overall hierarchy of importance addressing issues with medical emergency response came first. She asked if there was a way to work with emergency responders to address the issue. Manager Mountain informed her that the issue was beyond the township’s control because dispatch for emergency response comes from the county.

Mayor Forstenhausler stated that he would like to hear from the residents that have not responded. He was aware that the residents had to have signed for certified mail and did not answer, but he wanted to know if the town could call or visit the homes of the residents who did not respond. Manager Mountain stated that he and Mr. Carney could look into a more aggressive approach to make sure that someone is acknowledging the survey and providing a response.

Councilman Loveys suggested sending out another letter that indicated if no response is given it will be determined as indifference to the issue and that the council’s decision would be based on received responses. He asked how Chester Township could be approached to change the name of their portion of Ironia Road. He did not want to delay the issue as it related to the accuracy of emergency response, but he did want a consensus from the residents living on the road.

Councilwoman Carey agreed that more responses needed to be heard.

Councilwoman Veech suggested the town make a phone call and/or send out letters to the residents as Councilman Loveys suggested. She also stated that there should be a discussion with Chester Township as well.

Councilman Loveys stated that one of the residents who responded admitted that they have had several instances of lost packages and missing deliveries, but never mentioned it to the town. He did not want to delay the concern and did not want to see an emergency take place, but he believed changing the road name was a big decision. He asked Mr. Carney if he knew why the township changed the road name in 1972. Mr. Carney informed him that many roads were being worked on at that time. South Road was called Mendham Road, and Ironia Mendham Road was changed to Ironia Road.

Deputy Mayor Potter asked how many homes had duplicate address numbers. Mr. Carney informed her that he believed ten homes had the same street address and the same zip code. Deputy Mayor Potter asked if those ten addresses responded; Mr. Carney informed her that those residents are all in favor of the change as they have experienced many issues. Manager Mountain commented that the unaffected homes were primarily not responding.

Mayor Forstenhausler stated that while he recognized the importance of emergency services, he felt that they should not rush the decision without contacting the ten nonresponsive residents; he suggested another attempt be made to more aggressively contact those residents.

Manager Mountain stated that he understood that there was a consensus to attempt to get another round of responses from residents and to reach out to Chester Township. He suspected that the reaction from Chester may not be positive unless they are getting similar pressure from their residents.

Mayor Forstenhausler suggested that Manager Mountain make a phone call to Chester to see where they stood, in addition to trying to get in contact with the residents who did not respond. He stated that if the attempt to get a response failed, a final letter, similar to the one Councilman Loveys suggested, should be sent.

J. OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

K. COUNCIL COMMENTS

Councilwoman Carey reported that the Library Board of Trustees met on Thursday, February 11. She shared that a library staff member tested positive for COVID-19. The library was closed on February 7 for intensive sanitization and cleaning. The library reopened once enough staff members to adequately staff the facility tested negative. She relayed the library staff’s thanks to Manager Mountain and Clerk Luciani for their efforts in getting the facility sanitized.

She reported that the library was undertaking a few capital plan projects while their facility operated under COVID-19 restrictions. The projects include replacing computers and having the meeting room spruced up. She also shared that the Randolph Partnership Endeavor for All Citizens’ Equality (PEACE) group donated 200 children’s books on diversity and inclusion to the library; the staff is currently processing the items and adding the books to their collection.

She reported that the Cannabis Committee held an unofficial organization meeting on Thursday, February 11. She shared that the nine-member committee consisted of herself, Councilwoman Veech, Councilman Tkacs, Manager Mountain, and five different volunteers from the Board of Health, Chamber of Commerce, Economic Development Committee, Municipal Alliance Committee, and Planning Board . The committee’s narrowly defined goal is to gather input, evaluate, and assess information to eventually make recommendations to the council. The recommendations will relate to five issues that each municipality in New Jersey will have to address once the state passes the marijuana legalization legislation.

She explained that once the legislation is passed, each municipality will have 180 days to decide whether or not five marijuana-related businesses can operate within the municipality; the businesses include cultivation/growing, processing, wholesale, distributing, and retail. She stated that during the first meeting, the committee organized themselves, and will soon get together to layout how the group will work and solicit information. The committee invited Senator Anthony Bucco to join the first meeting; Senator Bucco gave an overview of what the marijuana legislation currently included. She stated that the decision the township makes will be in place for 5 years, and would likely be grandfathered in.

She reported that back in January she attended a Zoom webinar forum held by the Morris County Prosecutor’s Office. She recalled discussing the community forum at a previous meeting. It was a 90-minute forum on bias crimes and reporting procedures; she thought the office did a good job presenting the information and answering questions.

She concluded her report by responding to Dr. Timpanaro’s statements. She stated that she was not aware of information on the sabotage of a food drive and that she was not a frequent user of social media. She was not familiar with what the accusations are, so she could not comment on them. She stated that she, of course, believed that black lives matter.

Councilman Loveys reported that the Board of Health (BOH) met on February 8. Much of the meeting focused on the COVID-19 pandemic. Township Health Officer Mark Caputo reported on NJ Department of Heath talking points. He reviewed and discussed the state quarantine guidelines and the differences between how they approach the general population versus the schools. Public health screenings and clinics remain on hold due to the pandemic. Mr. Caputo introduced the board to Zack Taus; the township’s new Registered Environmental Health Specialist. BOH student members reported on the goings-on at the schools; they shared that winter and spring sports seemed to be moving ahead a little bit more normally. The schools are beginning to discuss end-of-the-year activities, such as prom and graduation, although no definitive decisions have been made.

Councilman Loveys reported that the Recreation Advisory Committee met on Thursday, February 11. He shared that winter sports continued with some periodic pauses and that summer clinics and beach membership registration had opened. During the meeting, Parks and Recreation Director Russ Newman reported on the demolition of the Brundage Park Field Lighting that will occur over the next few weeks. The new field lights are scheduled to arrive in early March, weather permitting. Director Newman also reported on the January clean-up and maintenance of the township’s parks; the work included tree and branch clearing from various trails and trailheads, clearing the shoreline around Heistein Pond, and repairs for stone parking lots.

Councilman Nisivoccia reported that the communication workgroup met the previous week; he deferred to Deputy Mayor Potter to provide the meeting update.

He shared that he attended the Trails Advisory Committee meeting; during which Lyme disease signage for the township’s trailheads was discussed. The committee plans to review the suggestions from local nursing students for further developments on the signs. During the meeting, a Wildlife Management Advisory Committee member mentioned that Lyme disease was a major issue. He informed the council that the Trails Advisory Committee has plans to assemble a list of trail projects for Director Newman to organize with staff.

Councilman Nisivoccia concluded his report by sharing that he attended a Chamber of Commerce meeting, a Hall of Fame High School selection meeting, and a Library Board of Trustees meeting.

Councilman Tkacs commended the DPW for their snow removal efforts. He shared that he also attended the Bias Crime Webinar hosted by the Morris County Prosecutor’s Office.

He reported that the Planning Board approved the drafting of a resolution for a La Rosa Chicken, which will be located on the old Chase Bank site on the corner of Dover Chester Road and Route 10.

He shared that he attended several cannabis workshop meetings; and reported that the infrastructure workgroup met on Tuesday, February 9.

He shared that in a recent Parks Advisory Committee meeting, Director Newman reported that there is currently a queue of seven benches and six trees pending installation/planting; additionally, the committee discussed sports groups’ requests for an equipment shed to be installed at Freedom Park.

Councilman Tkacs concluded his report by sharing that the DISC is continuing to meet and go through recommendations.

Councilwoman Veech reported that she attended the Randolph Area Chamber of Commerce meeting.

She shared that the Wildlife Management Advisory Committee met on Wednesday, January 27, and reminded the public to contact the police if individuals who should not be on the trails are there; on January 9, one such occurrence was reported to the police. She shared that the committee’s newsletters were released twice a year on the township website.

She reported that the Traffic Advisory Committee met on Tuesday, February 2. During the meeting, Officer Biase reported that the township’s roads, Robin Drive, Sparrow Road, and Starling Drive, received stop signs. The committee also discussed data related to deer removal; she reminded residents to be careful as they commute.

Councilwoman Veech concluded her report by sharing that she attended a communication workgroup meeting and an initial cannabis workgroup meeting. She added that the cannabis group will be looking for internal staff, external experts, and community input as they move forward. She also attended an initial Environmental Master Plan committee meeting.

Deputy Mayor Potter reported that the Environmental Work Group met in January and recently in February. The workgroup asked the Advisory Environmental and Landmarks Committee and Community Garden group to join them in creating a steering committee to organize various environmental projects and learn of their progress; the group will be referred to as the Environmental Master Plan Committee. She shared that the committee is comprised of herself, Councilwoman Carey, Councilwoman Veech, and four volunteers from various committees; they will be working with Manager Mountain and Darren Carney to move forward.

She shared the 2-1-1 Committee met on Monday, February 8; the committee gathered information to be posted on the township’s social media channels for 2-1-1- Day on Thursday, February 11. The committee is continuing its mission to bring 2-1-1 awareness to the community and is looking to reach out to the many groups that are within Randolph; the committee is planning to develop zoom information sessions. She shared that since January 1, 68 Randolph residents have contacted 2-1-1, with the top requests being for health care, utilities, and employment assistance. For the last 365 days, there have been 451 requests by Randolph residents to 2-1-1.

She reported that the communications work group met on Monday, February 8; she stated that one of the committee’s initiatives was to work with the Township Manager and Mayor to encourage council committees to use the township’s communication channels.

She reported that she attended the weekly DISC meetings, and the Morris County Prosecutor’s Office Bias Crimes webinar. On February 11, she visited Navigating Hope at the Community Center to thank them for coming to Randolph in the cold weather. She attended a Board of Education (BOE) Liaison meeting on February 11.

Deputy Mayor Potter concluded her report by making a motion to appoint Madison Mackinney as a student member to the Environmental Landmarks Committee. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Mayor Forstenhausler reported that the township’s local food bank was accepting donations for food and canned goods; especially needed are paper towels, toilet paper, napkins, disinfecting wipes, and hand sanitizer. He shared that the pantry also accepted gift cards and financial help to purchase other needed items.

He shared that since the last regular Township Council meeting, there have been two public budget meetings; a final budget meeting is scheduled for Saturday, February 20. Despite the challenging year, the council has worked with Manager Mountain and CFO Darren Maloney to be on track to pass a local budget with no municipal tax levy increase for the fifth consecutive year. He stated that this was a very big accomplishment that had been done without cuts to services; he attributed it to sound fiscal planning and excellent use of the township’s fiscal surplus.

Along with Deputy Mayor Potter and Councilman Tkacs, he attended an additional five DISC Zoom meetings; the committee continues to discuss and examine recommendations to include in the committee’s report.

He attended an Economic Development Committee meeting and a BOE Liaison meeting. He noted that while the township and BOE are two distinct organizations, excellent communication is maintained.

He shared that he was invited to attend a 100-year-old birthday celebration for four Sunrise residents; two residents were 101 years old, one resident was 103 years old, and the fourth resident was 108 years old. Firemen and police drove by with lights and sirens; all of the centurions present were alert and appreciated the attention.

He spoke at a virtual Kiwanis meeting the previous day and participated in a Chamber of Commerce meeting earlier in the day. He sent a memo to all board and committee chairs listing the various township communication channels they can utilize to make sure residents stay well informed.

He joined approximately 200 New Jersey mayors to participate in a Zoom meeting with Senator Cory Booker and Senator Bob Menendez for a discussion about the new $1.9 trillion American Rescue Plan. They explained that the Senate hopes to get the bill from the house on March 1 and to have it passed by March 14. The new plan includes $350 billion which will assist state, county, and local governments. Allocation of the funds will be based on population; $300 billion is anticipated to be used as direct aid for local governments. He stated that both senators demonstrated commitment to bringing aid to municipalities, businesses, and individuals negatively affected by the COVID-19 pandemic.

L. 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 Executive portion of the meeting.

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

a. Agreement to Accelerate the Conveyance of the EA Porter Property to Morris Habitat

b. Update- Shongum Lake/NJDEP Loan Agreement

c. Finance Personnel

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 Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilman Loveys made a motion to move into Executive Session at 6:35 p.m. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to close Executive Session at 7:09 p.m. Councilman Tkacs seconded the motion and the following roll call vote was taken:

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

NAYS: None

M. ADJOURNMENT

Councilwoman Carey made a motion to adjourn the meeting at 7:10 pm. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None