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

Minutes: June 11, 2020

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 Carey. 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 6, 2019 by emailing them the annual resolution adopted by the Council on November 5, 2019. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on November 14, 2019, and the Daily Record on November 11, 2019. The time change for this meeting was advertised on the township website on May 29, 2020, emailed to TAPinto Randolph on May 29, 2020, emailed to the Randolph Reporter on May 29, 2020 and advertised in the Randolph Reporter on June 4, 2020.

2. Roll Call

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

Also present (in person): Township Manager Mountain and Darren Carney; Attorney Keli Gallo from the Buzak Law Group (via Zoom)

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. ADDITIONAL PUBLIC COMMENT REGARDING R-149-20

Mayor Carey stated that a Special Meeting was held by the Township Council on Thursday, June 4, 2020. At that meeting, the Council unanimously adopted Resolution R-149-20, denouncing racism, bigotry and discrimination. They also announced that they would be collaborating with the Randolph Board of Education in a joint initiative and working with the Morris County Human Relations Commission. The group is going to work together to assess the issues facing Randolph as a community and develop a plan to address some of the issues in order to bring the community together. Council members Mark Forstenhausler, Marie Potter, and Lance Tkacs have volunteered to serve on the group. The group has already met. Mayor Carey asked Councilwoman Potter for an update on the meeting.

Councilwoman Potter thanked Mayor Carey for allowing her to read a statement on behalf of the Randolph Township Steering Committee. She read the following public statement:

“The members of the steering committee met last Tuesday, June 9th via Zoom in order to take the initial steps to lay out a framework that will help to unite our community in specific regards to Resolution R-149-20. Our steering committee consists of four Board of Education members, Susan DeVito, Christine Petrat, Robert Soni, and Jeanne Stifleman. It also consists of three Randolph Township Council members, Mark Forstenhausler, Lance Tkacs, and myself, Marie Potter. We will address the causes, impact, and prevention of bias-related incidents committed against any person on the basis of race, color, religion, gender, disability, sexual orientation, or ethnicity in Randolph Township. We will set an inclusive framework where stakeholders will be included, and to give input and direction. We will set an inclusive and transparent process. It is intended that the output and findings from this process be released in a public report, with recommendations on programs we can incorporate within our community moving forward. To guide this process, we are working with the Morris County Human Relations Commission. The goal of the Morris County Human Relations Commission is to actively encourage, develop, promote and strengthen respect for human rights and cultural diversity among the people of Morris County.”

1. Council is Now Open to the Public to Receive Additional Public Comment Regarding Resolution R-149-20: Denouncing Racism, Bigotry and Discrimination, Adopted on June 5, 2020

Mayor Carey explained that at the meeting on June 4, 2020, the technology was inadequate to accommodate the large number of people wanting to participate; that is the reason for including it on the agenda for this meeting. There were approximately 12-15 members from the public who spoke at the meeting on June 4th regarding the resolution and the situation being addressed. The Mayor asked that those who were able to speak at the previous meeting hold their comments to allow other members of the public to speak.

Mayor Carey opened the meeting to the public for comments regarding Resolution R-149-20.

Teshaye Anderson of 1555 Sussex Turnpike stated that she is part of the Randolph PEACE group, which is a collection of over 100 families which represent the diversity in Randolph. The PEACE group requested that the resolution be sent to all Randolph community members through an email blast. She also asked if it could be posted on the township’s Facebook page and highlighted in the Randolph community magazine. Mayor Carey stated that it can be posted on Facebook and email blast, and asked Ms. Anderson if the Randolph community magazine she was referencing was the Randolph Quarterly newsletter. Mayor Carey explained that the Randolph Neighbors magazine is not published by the township; however, they allow Mayor Carey to write a column. The Mayor explained that she can include information about the resolution in her column. Regarding the Randolph Quarterly, Mayor Carey explained that the summer edition was already printed; however, it can be published in the fall edition. She thanked Ms. Anderson for her suggestions.

Tessa Schultz of 57 South Road stated that she is a member of the Randolph PEACE group. She explained that Randolph PEACE is committed to making a change in Randolph. She said that while they are happy to see the township’s resolution and steering committee, they fear that these efforts will go away at some point. Thus, Randolph PEACE is requesting that the Township Council establish a permanent committee and/or advisory board to continue to deal with issues of racism in the township. Mayor Carey asked that the three Council members on the steering committee bring that request back to the committee for discussion. The Mayor felt it was a great idea and thanked Ms. Schultz.

Amanda Adams of 162 Arrowgate Drive stated that she is also a member of the Randolph PEACE group. The PEACE group requests the township’s steering committee include representation from all of the diverse communities within Randolph: African American, Hispanic, Indian, LGBTQ, Latinx, Hindu, Muslim, Jewish, Asian and the special needs community. She noted that this was not a comprehensive list of all the diverse groups in Randolph. Ms. Adams asked if there was a plan as to how that would happen.

Mayor Carey replied that there was not a plan at this time. She explained that Councilwoman Potter could respond, but that the steering committee had just had their first meeting on June 9th and it was an organizational/introductory meeting.

Councilwoman Potter replied that the steering committee wants to include anyone who has an interest. Everyone will have a voice with regard to this matter; they will provide details as they move along in the process.

Megan Lynch of 366 Dover Chester Road stated that she is the Chairperson of the Randolph Democrats and the Morris County Democratic Women’s Caucus. She thanked the Council members and applauded their efforts in drafting and passing the resolution; it was an excellent first step for which she is grateful. Ms. Lynch called upon the Council to no longer allow the unchecked moments to pass, and to no longer turn a blind eye. She commented that at the Special Meeting one of the Council members admitted that he had no idea that racism existed in the township, even though it has been the worst kept secret in Morris County that Randolph has a racism problem. Ms. Lynch noted that she has lived here since 2000 and this was not the first incident. She implored the Council to stand against hate as both Council members and residents; she also asked them to create a bipartisan committee led by men and women of color.

Mayor Carey stated that she disagreed with the “turning a blind eye” comment. She knew that last year, when Councilman Loveys was mayor, there were several horrible situations that occurred that they spoke about and condemned; the Council talked about absolutely no tolerance. Council members attended the menorah lighting in December, after tragedies had just occurred, and they spoke out vehemently at that point. The Mayor felt that the Council has addressed situations as they have arisen in the community and the world.

Josh Weiner of 21 Davis Avenue echoed the sentiments raised by Megan Lynch. He also echoed the sentiment of the other members of the PEACE group who spoke; he stated that he has also participated in the PEACE group over the past couple of weeks. Mr. Weiner stated that he was appreciative of the Council passing the resolution last week and he is heartened by the fact that it was passed. He is hopeful the Council will engage in actions and not just words moving forward. By the Council’s words, it appears that will be the case, which he is happy to hear. He has been working jointly with the community in trying to get rid of the scourge of discrimination and intolerance in the township. Mr. Weiner stated that in the spirit of inclusion, as reflected in the resolution, he asked the Council to seriously reconsider previous decisions refusing to raise the rainbow flag during LGBTQ Pride Month and to formally declare Diwali Awareness Day, which is the Hindu festival of lights. He stated that if Randolph is going to be a township of inclusion, it can no longer rely upon uniform exclusion as a default position. Including and acknowledging the vital cultures that contribute to the community costs nothing and, in return, brings much back. He respectfully requested that the Council, moving forward, reconsider previous decisions and include everyone. Mr. Weiner believed that the township is at a juncture where action is no longer just expected, but demanded; the township can no longer rely on just words and platitudes. He is hopeful that the Council and the rest of the community are going to take bold and decisive action on tackling this problem.

Mayor Carey responded that she has been on the Council for eight years, and they have never had a request brought to them regarding the hanging the LGBTQ flag for June Pride Month; it was not discussed by the Council. Last October, the Randolph Indian Association approached the Council and asked them to issue a Proclamation celebrating the holiday of Diwali. In keeping with their past practice, the Council opted not to issue a Proclamation, but instead members of the Council attended the Diwali Day celebration as they do for a lot of cultural events in Randolph. Mayor Carey explained that going back many years, possibly decades, the Council has occasionally received requests to adopt resolutions, issue proclamations, or hang flags on township property. Those requests are usually brought to the Council, and they advocate for various groups, issues, or causes. Sometimes the requests are conflicting ideologies; she explained that there could be two groups that make requests that are in disagreement with one another. It has been the long-standing practice of the Randolph Township Council for many years to not engage in these actions. While the members of the Council may or may not individually support or oppose those causes, issues, or organizations, the Township Council as a governing body, has not been endorsing any groups, issues, or causes. When an incident or issue directly involves the Township Council, such as what happened in Randolph a couple of weeks ago and in the nation, they do consider expressing a position. As the Mayor previously said, last year when there were horrible crimes committed against the Jewish community, they came out and spoke against it. Mayor Carey stated that she was not saying that they were not going to do it, but as a practice, it is something that they do on their own. Occasionally they receive requests to condemn things happening in other countries; they have opted not to do that. In their proclamation last week, the Council purposely used the language “all people” in order not to accidently exclude anyone. The Mayor explained that she personally has the LGBTQ flag at her house, and once her son finds it, he will hang it outside. She spent last June celebrating Pride in New York with her son, and she would have again this year if not for the pandemic. She is very happy to personally endorse that group, but she does not feel that as a governing body, they should select some groups and not others and have to spend time deciding, as a Council, what they should be endorsing or condemning.

Josh Weiner asked if he could respond; Mayor Carey was agreeable. Mr. Weiner stated that while he appreciated the Council’s position, he thought the notion of not including anyone in order to not exclude anyone is part of the problem. Being unwilling to openly proclaim on behalf of a particular culture or community, allows them to feel excluded. He understands that it’s not being done with racist or bigoted animus, and he is not accusing the Council of engaging in such activity; he felt that that type of silence is part of the problem. Mr. Weiner stated that it needs to be addressed from the leadership since people look to the Council and leaders for guidance and action. He felt that saying they’re not going to include because they don’t want to exclude is an excuse; he felt the people in Randolph didn’t want that. Mr. Weiner was unsure if it was the case that the Council was never asked to raise the rainbow flag for LGBTQ Pride Month. He respectfully requested that the Council consider raising the rainbow flag at some point during the month of June to show solidarity with the LGBTQ community in Randolph.

Mayor Carey replied that again, she takes issue with the comment “turning a blind eye” because the Council does not and they have not been silent. Each time a situation arises, they speak out on it and condemn it. The resolution on June 4 was speaking out against racism, bigotry, discrimination and hatred directed at any and all people. She stated that she personally did not want to list everyone because when she does, she forgets someone and she would rather leave it at “all people” rather than single out specific groups.

Lois Hutchinson of 21 William Street stated that she was also a member of the PEACE group. She explained that the group has additional questions for the steering committee and asked to whom they should direct those questions. Mayor Carey replied that it is a joint task force with the Board of Education; the Township Council members can be emailed or called directly. Their contact information is listed on the township website, but noted that their email addresses are their first initial, last name at randolphnj.org. The Mayor stated that they could send an email to her, the entire Council, or to the three Council members on the steering committee: Ms. Potter, Mr. Forstenhausler and Mr. Tkacs.

Hazel Ball of 236 Dover Chester Road stated that she is also part of the PEACE group. She asked what next steps the Township Council had planned to raise awareness of racial issues in the township. Randolph PEACE requests that the Township Council create a series of town-wide initiatives to increase awareness issues in the township. Mayor Carey responded that the next step is that the joint steering committee, with the Board of Education and the Morris County Human Relations Commission, is going to meet again and map out the plan and share it. Mayor Carey asked Councilwoman Potter if there was an upcoming meeting scheduled; Councilwoman Potter replied that they are working on scheduling a meeting.

Amanda Adams asked that the township create some cultural sensitivity training or anti-racist training for all of the township police officers, teachers, and school workers, including anyone that comes into contact with students such as bus drivers, cafeteria workers, nurses, secretaries and janitorial staff. Mayor Carey replied that the Council members on the steering committee are taking notes regarding the residents’ suggestions.

David Timpanaro of 450 Quaker Church Road commented that there is a specific training that takes place in a few counties in New Jersey; however, Morris County is not one of them. It is the CIT training; it is an extremely in-depth and powerful training for all people in human services, specifically police officers. It is a training to learn how to deal with, and around, mental illness as well as other groups they may come in confrontation with during their route.

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

C. APPOINTMENTS

1. Appointments to the Wildlife Management Advisory Committee

Councilman Loveys reported that the Chairperson of the Wildlife Management Advisory Committee, Russ Nee, who has been on the committee since its inception, resigned. Just prior to the meeting a couple of weeks ago, Sue Grassmyer also resigned. Sue was one of the original members of the deer control subcommittee and one of the main reasons the committee currently exists. Councilman Loveys thanked Russ and Sue for their long-time service and for their contributions to the community. He explained that the Council members received a Tap the Talent form from Russell Sieb, with a brief resume. Mr. Sieb has been involved in the hunt program and he is an owner of a small business, NJ Pest. Councilman Loveys proposed that the Council appoint Russell Sieb to the Wildlife Management Advisory Committee; he also proposed that they move Alternate Joe Speer to a full member position which would leave one Alternate position vacant.

Councilman Loveys made a motion to appoint Russell Sieb to the Wildlife Management Advisory Committee and to move Joe Speer from an Alternate position to a full member. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

D. OPEN TO THE PUBLIC

Josh Weiner of 21 Davis Avenue commented that he noticed on the agenda that the township was going to raise the bidding threshold from $40,000 to $44,000 which he understood that the state was permitting. He asked if that was required of the township or if that was something they could choose not to do. Mr. Weiner’s concern was that, the more the threshold for public bidding was raised, the more you can have contracts without getting the benefit of multiple bidders and potentially the lowest responsible bidder and the best price for the township.

Manager Mountain replied that it is an option; however, the way the township handles its purchasing is that even when they’re dealing with items under the bid threshold, they pay significant attention to competition, three quotes on almost everything, even when it’s not a public bid. The Manager explained that he felt this nominal change to the threshold will not change anything significantly with how the township is handling purchasing.

Tessa Schultz of 57 South Road stated that she was disheartened that Council members chose not to turn their video on; she felt the point of having a video chat/Zoom was so the residents could see the Council members. She stated that she would appreciate if they would turn their videos on in the future. Mayor Carey replied that she did not think they had the video Zoom. Manager Mountain replied that they did have the video Zoom, but it was a choice he made not to use the conferencing element in order to better manage the meeting and allow the public to hear the meeting.

Megan Lynch of 366 Dover Chester Road explained what the causes might be for some of the issues with the interference in the Zoom meeting.

Kevin Keller, a business owner at 1243 Sussex Turnpike, stated that he wanted to share with the Mayor and Council ideas to help some of the local businesses to reopen and reestablish themselves after the shut down; he explained he did not want to overstep bounds with anything the township already has planned. He and other business owners met as a board with the local Chamber of Commerce and there were a number of ideas shared by the board members and other local business owners. Ideas include: the township to consider sponsoring one or more Randolph Days and businesses could have grand-reopening specials or tables outside and have township officials attend various events; in lieu of there not being a Freedom Festival, to invite business owners and have a parade of cars or antique vehicles which could have signs or magnets on them and drive through town beeping and announcing the grand-reopening of businesses; to allow owners to place banners or flags outside their business for an extended period of time, and perhaps waive permit fees, in order for the public to notice the business has reopened; for the township to use the electronic signs, social media, and possibly the email blast to announce that businesses are reopened; for participating businesses to offer face masks; for a classic scavenger hunt map with local businesses and prizes for people that frequent those businesses and possibly a drawing for people who complete the entire map. There was also an idea presented about placing lawn signs, but Mr. Keller understood the issue that might create with litter. As President of the Chamber of Commerce, he wanted to offer to partner with the township to sponsor a drawing for a free advertisement in the next mailer. He also offered for the Chamber of Commerce to possibly partner with the township or Economic Development Committee (EDC) to take out an advertisement in a local newspaper to help promote local businesses. Manager Mountain thanked Mr. Keller and the Chamber of Commerce for taking the time to brainstorm on this matter. The township, in conjunction with the EDC has been doing similar brainstorming initiatives and has developed some things; some of the ideas overlap with Mr. Keller’s suggestions or are already in the works, and some do not. The Manager thought he raised some good suggestions and they would review all of them and bring groups into it, possibly the EDC or the chamber, and get back to Mr. Keller. Some could be instituted quickly and others they could try to coordinate in the coming weeks. Mr. Keller thanked the Manager, Mayor and Council and offered for the Chamber of Commerce to help in any way.

Meredith Ross of 40 Misty Mountain Road stated that she is the founder of the Randolph PEACE; the group represents a wide variety of diversity within Randolph, across all spectrums: race, religion, gender orientation, sexual identity, culture, etc. A question that the PEACE group had was how the Council was going to reach out to the different groups based on the resolution. Mayor Carey replied that she didn’t think that had been determined yet by the steering committee and the Morris County Human Relations Commission. Their first meeting had just taken place and the Mayor was unsure if they had mapped everything out yet. She stated that the plan was to include everyone, and she expected the steering committee would report back to the Council after their next meeting. Ms. Ross explained that there are people in the PEACE group that have offered to volunteer to represent the various interests and communities within the township. Manager Mountain added that Township Clerk Donna Luciani asked for an email address so she could send the resolution to the PEACE group; Ms. Ross provided the email address.

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

E. MANAGER’S REPORT

Manager Mountain reported the following:

COVID-19 Update:
- Today’s update—0 new confirmed cases today; total of 286 to date. This is the eighth consecutive day there have been no new cases, which demonstrates how far the community has come in containing the virus. To date, 241 cases have reported their symptoms have resolved; the township is nearing the point of full recovery. The Health Department team continues to monitor the situation, but feels very good about where the township presently stands.
- The County announced earlier this week that it has opened the CCM testing site to asymptomatic individuals as well as those reporting symptoms. They have changed the requirement of a doctor’s prescription and now are allowing those wishing to be tested to simply register without prescription. Priority is still being offered to frontline essential workers and residents of long term care facilities.
- As a result of the continued decline in cases decisions continue to be made locally and statewide to reopen facilities, programs and activities and businesses. This week the Parks & Recreation Department opened playing fields for individual and small group use to compliment the trails and other park amenities previously opened. Randolph Beach will be opening on June 22nd, summer camps will be starting July 6th and organized non-contact sports activities will begin on June 22nd. Township administrative offices continue to function fully staffed and he will be initiating a “soft re-opening” of the municipal building and community center on July 6th.
- Over the past week through Executive and Administrative Orders the Governor has allowed for the next phase of the state reopening. This includes allowances for outdoor dining, curbside retail, reopening of hair salons, barbers and nail salons, pools, an increase in size of gatherings and revocation of the stay at home order. The township is anticipating further orders in the coming weeks expanding allowances for business operations.
- The State has scheduled the primary election for Tuesday, July 7th. All municipalities have been allowed one consolidated polling location; Randolph will be at the municipal building. Voters are strongly encouraged to use the mail-in ballot to vote in the primary. Voters who appear at a polling place on the day of the July Primary Election shall vote a Provisional Ballot, except that a voter with disabilities may vote on an ADA-accessible voting machine. Vote-by-mail ballots cannot be dropped off at the polling location on Election Day.
- Fireworks—the decision has been made to cancel this year’s 4th of July fireworks show. With the Freedom Festival previously cancelled and uncertainty as to the allowance for large gatherings it was decided it was best to cancel the show. The township has the opportunity, should conditions warrant, to hold the show later in the year. It was decided that it would be better to rebid the show at that time than postpone the current show on the basis that the township is under 4th of July pricing with the current contract and a future bid would likely draw better pricing.
EA Porter—the bid for the EA Porter site work is moving forward. Township Engineer Paul Ferriero has received the final plans from the Habitat for Humanity professionals; the Purchasing Agent has the specifications for the bid to be scheduled. It is likely that the bid will be awarded in late summer. There is an ordinance on tonight’s agenda which appropriates a portion of the supplemental funding available through the Housing Trust for the project.

Councilman Loveys asked for a synopsis of local contract law and public purchasing. He asked that the Manager address Mr. Weiner’s question and provide a little more detail on bid threshold, purchasing, and the local public contract law. Manager Mountain explained that under the local public contracts law, essentially everything that the township does requires competitive pricing, even if it is not over the bid threshold that was referenced. The state sets the bid threshold; each year the state allows municipalities the opportunity to raise that threshold. Randolph is allowed to raise it at a higher level than towns without a Qualified Purchasing Agent. Randolph has a Qualified Purchasing Agent who is trained and experienced in the areas of purchasing; she is responsible for maintaining the integrity of all of the township’s public bidding. Even when the township is not bidding a project or a commodity through a specific sealed bid process, they still go through a quote process in which they get three or more quotes; they are always dealing with a competitive bid. Anything over the bid threshold would go to a sealed bid, and would follow the contract law of the state.

Mayor Carey commented that she has been tracking the COVID-19 cases daily. She was very happy to see that there have been no new cases for eight days; however, she is cautiously optimistic.

Mayor Carey asked for clarification on the bid for EA Porter. Manager Mountain explained that the bid is for site work, everything except the actual buildings themselves. Once done, it is turned over to Habitat for Humanity. Habitat for Humanity is responsible for constructing the buildings, but the township is responsible for turning over a “cap site,” which is anything subsurface up to the foundations. Mayor Carey asked if the work will be completed by the end of the year. The Manager replied that it will likely be a 12-18 month process; it is a large project. Mayor Carey stated that she and other Council members attended the Habitat for Humanity event in February and the feedback was very positive; they are looking forward to working with Randolph. It is the largest project that Habitat for Humanity has undertaken. Manager Mountain explained that the project will result in 25 affordable housing units; it is in partnership with Morris County Habitat for Humanity and it is their largest project to date.

F. COMBINED ACTION RESOLUTIONS

R-150-20—Cancellation of Outstanding 2019 Checks Issued from the General Account—$40.00
R-151-20—Release Cash Bond Posted for the Guarantee of the Site Plan Improvements to the Randolph Diner—$9,537.00
R-152-20—Release Road Opening Cash Bond Posted for the Purpose of Connecting to the Sanitary Sewer Service at 28 Ash Lane, Block 215, Lot 65 to Fairmount Services, LLC—$500.00
R-153-20—Authorizing Tax Collector to Sell All Municipal Liens in Accordance with NJ Statues and NJ Administrative Code and that said Electronic Tax Sale Shall Take Place in 2020
R-154-20—Requesting the Approval of Items of Revenue and Appropriations per NJSA 40A:4-87—Local Arts Grant—$1,000.00
R-155-20—Requesting the Approval of Items of Revenue and Appropriations per NJSA 40A:4-87—NJ State Body Armor Grant—$3,353.77
R-156-20—Requesting the Approval of Items of Revenue and Appropriations per NJSA 40A:4-87—NJACCHO Covid-19 Grant—$5,763.15
R-157-20—Release Stabilization Bond Posted to Ensure the Stabilization at 4 Leslie Avenue, Block 97, Lot 21 to Corzap Development, LLC—$1,000.00
R-158-20—Authorizing the Township of Randolph to Enter into a Cooperative Pricing Agreement with the Hunterdon County Educational Services Commission
R-159-20—Authorizing Change Order #1 for an Additional Amount of $15,000.00 to the Professional Services Agreement Awarded to Apruzzese, McDermott, Mastro & Murphy, P.C. for Police General Legal, Hearings, and Police Contract Negotiations Services for 2020 for a New Contract Total Not to Exceed $41,000.00
R-160-20—Authorizing Randolph Township’s Utilization of the Increase to the Bid Threshold for Awarding Contracts without Advertising by Various Contracting Units from $40,000.00 to $44,000.00 Effective July 1, 2020
R-161-20—Awarding a Contract for On-Site Brush Grinding Services for the Term of July 1, 2020 through December 31, 2020 to Firewood Farm, Inc.—Not to Exceed $50,000.00
R-162-20—Refund Rental Fees for the Community Center due to the Center Being Closed to the Public for Covid-19 to the Morris County Youth Soccer Association—$1,050.00
R-163-20—Refund Parents/Guardians Registration Fees Paid for Various Recreation Programs due to Withdrawal and Cancellation as a Result of Covid-19
R-164-20—Re-Appoint Glen Sherman as Tax Assessor with Tenure

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

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

NAYS: None

G. ORDINANCES: INTRODUCTION

1. Ordinance No. 16-20 - Appropriating $600,000.00 from the Housing Trust Fund for Improvements to Real Property Located at 42 Bennett Avenue (EA Porter)

Manager Mountain explained that this is the ordinance appropriating $600,000 in funds available through the Housing Trust Fund which are funds raised by the required contributions by developers towards affordable housing; it does not come from any tax dollars. This ordinance allows for a portion of the amount that was allowed for in the capital improvement plan to be set aside for the EA Porter project.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $600,000.00 FROM THE HOUSING TRUST FUND FOR IMPROVEMENTS TO REAL PROPERTY LOCATED AT 42 BENNETT AVENUE (EA PORTER)” 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 25th of June, 2020 at 5:00 pm in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Loveys clarified that this is a portion of the site improvement funding; Manager Mountain confirmed that was correct.

Deputy Mayor Veech made a motion to introduce Ordinance 16-20. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 17-20 - Re-Appropriating $60,928.11 of the Proceeds of Obligations Not Needed for Their Original Purposes in Order to Provide for Other Purposes in and by the Township of Randolph

Manager Mountain explained that this ordinance is complementary to the other funding towards the septic at the VFW that was previously approved. In the capital plan, the funding mechanism for this project was a split between new funds and the remaining balance coming from the re-appropriation of funds from prior projects that were cancelled and no longer necessary.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE RE-APPROPRIATING $60,928.11 OF THE PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR OTHER PURPOSES IN AND BY THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Loveys asked if they were planning on then moving forward with the project. Manager Mountain replied that it would be done this year.

Councilman Forstenhausler made a motion to introduce Ordinance 17-20. Councilwoman Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

H. DISCUSSION ITEMS

1. Temporary Outdoor Dining Regulations—R-165-20

Manager Mountain explained that the Council received a memo sent from Assistant Manager/Planning and Zoning Administrator Darren Carney, along with attachments which include a draft resolution that would authorize him to grant permits to temporarily supersede provisions in the ordinance pertaining to outdoor dining requests. Under Executive Order, as of June 22nd, restaurants can begin, either through existing outdoor areas or outdoor areas established through permission by the township, to serve customers in those outdoor areas. Other than take out, this would be the only way they can begin reopening their businesses. Through internal discussions, they felt it was imperative to provide a streamlined process for the businesses interested in doing something beyond what they currently have or to make a request for an outdoor dining area. This resolution provides that mechanism; it has the proper checks and balances to ensure the temporary permit is done in a manner to protect the township, but gives the businesses the ability to move quickly and take advantage of the summer season. Manager Mountain added that the regulations for the outdoor dining facilities are also attached to the memo from Darren Carney.

Darren Carney noted one correction to his memo; per Executive Order, the date for outdoor dining is actually June 15th, not June 22nd. Darren explained that this is for temporary use outdoors; it is for locations for which they would not normally receive site plan approval, a parking lot, sidewalks, places where outdoor dining would not normally take place. This would allow outdoor dining until October 31, 2020 or if the Executive Order allows full indoor use of the restaurants. The main provisions in the regulations are to protect public safety, ensure the food codes are followed outdoors (all food preparation done inside/beverages can be done outside), limits the hours of operation, and limits the use of noises to prevent disturbances to surrounding properties. The regulations also include design requirements, information on fixtures, and procedures. Darren has received requests from 15 restaurants. If the Council adopts the resolution, he will be issuing permits on June 12th.

Mayor Carey stated that she is happy to offer any assistance to the restaurants.

Councilman Loveys stated he was all for this resolution. He wanted to clarify with Darren that the resolution will streamline the process for the restaurants that do not have outdoor dining to create it, and to expand the outdoor dining for those that currently have it. Darren explained that the restaurants already approved have to have less seating in those approved areas so they are looking to spread out into additional areas on their property. Councilman Loveys asked if the hours of operation differ from the current hours. Darren explained that the hours match up with the noise ordinance; the hours for the temporary areas are from 7:00 am to 10:00 pm. Councilman Loveys asked for further clarification on the hours for restaurants that already had outdoor dining. Darren explained that whatever the restaurant was previously approved for by the board as related to their outdoor dining area can continue that use; however, any expansion of that area would have to follow the temporary regulations. Manager Mountain added that he had clarified with the governor that a restaurant that has been operating a takeout business, can continue with their regular business hours.

Deputy Mayor Veech stated that outdoor portable heating devices are prohibited, but she thought she had seen some around town. She asked if the prohibition of these devices was part of the temporary regulations or if it was decided to also be on a permanent basis. Darren explained that it was for the temporary areas; there is a big concern with the tents and the fire codes. He spoke with the Fire Official, and he plans to prohibit any smoking within these areas. The tents have different fire ratings; therefore, they want to keep heating elements away from the temporary structures.

Councilman Forstenhausler stated that he is in favor of anything they can do to help the small businesses get started again. He explained that he noticed that there were tables and chairs set up in the parking lot on the Route 10 side of the Randolph Diner and asked if that is what they are approving with the resolution. Darren Carney explained that sometimes the areas are in parking lots or on sidewalks. He stated that they have discussed protective measures with several of the restaurant owners and they have gone through the proposed layouts.

Deputy Mayor Veech asked Darren Carney if he has notified all the restaurants in the township or if he was waiting until after the resolution was approved. Darren replied that he will follow up with the ones he hasn’t met with yet; a lot of the restaurants are still determining if it is cost effective to do the outdoor dining.

Deputy Mayor Veech made a motion to approve Resolution R-165-20. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Resident Request—Road Name Change—Ironia Road

Manager Mountain explained that this topic has been discussed for approximately six months to one year; it is the Ironia Road that runs south from Dover Chester Road towards Mendham. There is a section of the road that has duplicate addresses with another Ironia Road that is located in the Flanders section of Chester Township. Because of this overlap, a number of unfortunate mix ups have happened for these residents such as confusion with deliveries, emergency dispatching being delayed, and utilities almost being disconnected. The resident who brought up the issue has personally experienced some of these mix ups, and has been pushing the Manager and Darren Carney to try to explore solutions. They have learned that the section of roadway at issue was originally named Ironia-Mendham Road, and it does carry that name as it goes south to the Chester Township residents who are along the same section of road after its border with Randolph. The problem is that at some point the road was changed to be just Ironia Road; it affects approximately 20 Randolph residents. Manager Mountain explained that the challenge to any discussion on changing the name of a road is that people become attached to the name and can affect their home business, etc., and there are often differences of opinion on whether someone supports a change. The Manager would at least like to move the process along. The resident has tried to determine how her neighbors feel about it. Manager Mountain explained that they would like to initiate a process to try to get a formal response from all of the affected residents on the idea of a possible change back to the original road name. They would do that in conjunction with the Postal Service. The Manager asked the Council for any questions or comments before they move forward.

Councilman Loveys asked if these residents had Randolph or Mendham mailing addresses. Darren Carney replied that their physical addresses are Ironia Road, Randolph, 07869. Councilman Loveys noted that he lives in that area and has a Mendham mailing address. He thought maybe they were Mendham and could see the confusion, but he failed to see where the confusion was with the Ironia Road in Chester. He questioned how there would be confusion for an emergency call and asked if the town the person is in comes up when the call is made. Manager Mountain replied that there are greater protections against that confusion these days. But if the dispatcher somehow misses something in the transmittal of the information to the responding agency, it could happen. Darren Carney explained that the problem is that the residents on Ironia Road in Chester have a Randolph, NJ address and zip code; it is a complete overlap. Councilman Loveys asked for clarification on the plan to survey the residents. Manager Mountain explained that the township would poll only the affected Randolph residents and ask them about the idea of adding “Mendham” back to the road name to allow for the distinction. They want to ensure that the change is acceptable to the residents and provide the results of the survey back to the Council. Even if the results show that it’s not supported 100%, the Council may still need to make a decision. Councilman Loveys asked if they should determine the percentage at this point. Manager Mountain replied that it was up to the Council to decide if they wanted to determine the threshold prior to the survey or if they wanted to get the results back first. Mayor Carey confirmed with Manager Mountain that it is by household; each household has one vote.

Councilman Forstenhausler stated that he didn’t think a number should be determined now; he thought they should poll the residents first. He also thought they should check with Fire Chief Mike Vanadia and Police Chief David Stokoe and determine their thoughts on the issue.

Mayor Carey asked if the poll was being done in person or by mail. Manager Mountain replied that he and Darren Carney will determine the best means for contacting the residents.

Councilwoman Potter asked if it was possible to poll the residents and ask if they wanted a more drastic name change to make it even clearer. Manager Mountain replied that in his experience, the more drastic the name change, the more you split the vote. He suggested that at least initially, they should keep it straightforward and not offer options. The Manager felt that as far as the mix ups for emergency dispatch and utility shut offs, the goal will be accomplished by making a limited change to the name.

Mayor Carey summarized by stating that Manager Mountain and Darren Carney should proceed with the survey of the affected residents without a pre-determined threshold, speak with the Fire Chief and Police Chief, and report the results back to the Council.

I. OPEN TO THE PUBLIC

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

J. COUNCIL COMMENTS

Councilman Forstenhausler reported that the steering committee met on Tuesday, June 9th. There were a good number of people in attendance; representation included members of the Board of Education and the Morris County Human Relations Commission. Another meeting is scheduled. Those involved in the steering committee are very serious and passionate, and are participating for all the right reasons. Councilman Forstenhausler stated that he listened to what Meredith Ross said about the PEACE group. There is not a lot to report yet from the first meeting as far as action items; the PEACE group was discussed and the steering committee will be gathering information. He anticipates that members of the PEACE group will be very important to this committee’s research and information gathering. Councilman Forstenhausler also appreciated other comments from the residents earlier in this meeting as far as what the steering committee can do. It is not strictly a township issue or school district issue; it’s going to be a joint issue to tackle together.

Councilman Forstenhausler reported that all first responders in Morris County received an email earlier in the week that COVID-19 testing is recommended for first responders. As a first responder, he was tested on Tuesday but has not received the results. He noted that Governor Murphy recommended anyone who has attended large gatherings, rallies, marches, etc. should be tested. He encouraged anyone who was at the march in the township on June 5 get tested.

Councilwoman Potter attended the virtual Municipal Alliance Committee (MAC) meeting on May 26th. Most of the MAC activities were cancelled due to COVID-19. The County MAC Coordinator notified the committee that funding has been suspended as per the state. The leadership of the MAC is looking into getting an update on the funding suspension. The MAC is looking into some summer activities and possibly co-hosting with the police or the recreation program.

Councilwoman Potter reported that the time capsule committee met virtually on June 9th. They will be planting the time capsule in Veterans Community Park, hopefully on opening day. The intention was to place items in the capsule that represent what life was like in Randolph in 2020; the plan is to open the capsule in the year 2045. They selected the time capsule; Councilwoman Potter described the dimensions and cost. They are looking into private donations to cover the cost of $890. She will send a copy of the specifications to Russ Newman so they can work with the contractor at the park to install it. Danielle Soldivieri has joined the committee; she is the Director of Elementary Education for the school district. They are receiving items from all Randolph groups; they are specifically trying to get items from grades 12, 7, and 2 as they will be celebrating their 25th, 20th, and 15th year reunions, respectively, in 2045. Councilwoman Potter described the items they anticipate putting in the capsule from those grades.

Councilwoman Potter provided an update on NJ211 as related to Randolph contacts. In the last 30 days, there have been 42 calls, with health care being the number one concern, housing/shelter number two, and utilities number three. NJ211 has received 204 calls from Randolph this year, with 62 being related to COVID-19.

Councilman Loveys attended two Zoom meetings, the Wildlife Management Advisory Committee and the Board of Health. The Wildlife Management Advisory Committee met; the fall hunt will run from September 5th through December 31st and the winter hunt will run from January 1st through approximately the middle of February. Hunters wishing to participate in this year’s hunt need to apply by mid-July. They will hold a hunter meeting on July 22nd to review the rules, issue permits, and assign people to areas. The zone that encompasses Veterans Community Park will need to be modified. Russ Newman reported at the meeting that coyote information is being placed at all the trail head kiosks.

The Board of Health met, and most of the meeting was focused on COVID-19 related information. The public health screenings and clinics remain temporarily suspended; they hope to possibly resume them in September or October. Health Officer Mark Caputo has been working with Russ Newman on the opening of Randolph Lake as far as restrictions and capacity. Mark Caputo reported at the meeting that the state is looking to bring on an additional 1,600 people for contact tracing. Moving forward, the state is going to assume all contact tracing. The Randolph Public Health Nurses and Health Department staff have been doing the contact tracing since the beginning, not just for Randolph, but for the other municipalities we cover.

Councilman Nisivoccia attended the Traffic Advisory Committee (TAC) meeting via Zoom. The TAC welcomed a new student member.

Councilman Nisivoccia reported that the Library is working out the process for book returns and the safe re-distribution.

Councilman Nisivoccia reported that he, Mayor Carey, and Councilman Forstenhausler attended the VFW flag retirement ceremony earlier in the day.

Councilman Nisivoccia also reported that he continues to receive very positive feedback from residents about the township’s COVID-19 reporting. He appreciated the Manager, Mayor, and staff who continue to keep everyone up to date.

Mayor Carey noted that she was on a call with the Governor’s office earlier in the day and she believed they were expecting an announcement about libraries tomorrow.

Councilman Tkacs attended a Planning Board meeting via Zoom; they approved three resolutions: a minor lot line adjustment, the Rosenthal-Sambonet retail space, and the Hope Enterprise addition. They also acknowledged and approved a land development ordinance change as proposed previously by the Council.

Councilman Tkacs echoed Councilman Forstenhausler’s comments regarding the racism steering committee. He was very impressed with the qualifications and the candor of all the members on the committee. He personally was very hopeful that they can make some meaningful changes going forward. Councilman Tkacs stated that everyone needs to be prepared to be uncomfortable, but that is part of the process; he believed that they were all looking forward to going through the process.

Mayor Carey asked if there was a timeline on the Rosenthal-Sambonet opening. Darren Carney replied that it hasn’t been discussed due to the Coronavirus.

Deputy Mayor Veech reported that there was a Randolph Community Garden subcommittee meeting at Veterans Community Park on June 9th. They evaluated some of the things in the garden and indicated some improvements that could be made. They talked about the timing of the placement of the shed, the tools, and the paving of the parking lot. The committee has done away with the strict access schedule. There are approximately 135 beds leased; there are another 30 beds available. The committee has been pleased with the garden.

Deputy Mayor Veech reported that the annual combined meeting of the Parks Advisory Committee and Recreation Committee was held at Veterans Community Park. Russ Newman headed a tour of the park and provided information on the facility. Both groups were impressed with how the park is progressing. They then went to Freedom Park where Steve Eisenstein, the Assistant Director, explained the status of summer day camps. The camps will be held at Freedom Park, with guidelines adhered to. There will not be any teen camp. Staff has been trained on procedures. Randolph Lake will be limited to approximately 200 visitors each day. Members will reserve the day prior; the Parks and Recreation Department staff will monitor admission and post the status on Facebook and Twitter. There will not be any swim lessons; they are working on swim team events. Deputy Mayor Veech outlined all of the provisions being taken at the lake related to the COVID-19 guidelines. The committees discussed sports clinics; they are awaiting information from the state. There is a revised trail map; they will be located at the trail head kiosks and various places in town. The committees voted to open the fields at the various parks for non-organized use; Deputy Mayor Veech explained the status of each of the parks.

Mayor Carey reported that she was the guest speaker at the Rotary’s Zoom meeting on June 2nd. She provided an update on the status of the township.

Mayor Carey attended the Economic Development Committee (EDC) meeting via Zoom. The EDC has been very busy, particularly with social media. The committee members have been committed to helping the local businesses.

Mayor Carey commented that it was sad that Jack Sassaman wasn’t at the VFW flag retirement ceremony.

Mayor Carey reported that she has been busy keeping up with communications and emails from the community regarding events in the township and the world, as well as the COVID-19 pandemic.

Mayor Carey reported that the Council will not be taking action on anything when the meeting is reconvened.

K. 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:

Update Police Contract Negotiations

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 Forstenhausler made a motion to move into Executive Session at 5:55 pm. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Forstenhausler made a motion to close the Executive Session at 6:38 pm. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Nisivoccia
Councilwoman Potter (had an emergency and left at 6:05 p.m.)
Councilman Tkacs
Deputy Mayor Veech
Mayor Carey

NAYS: None

L. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 6:40 pm. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None