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

Minutes: March 2, 2023

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 6:00 p.m. by Mayor Nisivoccia. This meeting held pursuant to the New Jersey Open Public Meeting 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 in 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 December 15, 2022, by emailing them the annual resolution adopted by the Council on December 8, 2022. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter and the Daily Record on December 22, 2022. Notice was also provided to TapInto Randolph, the official Township online digital publication, on December 21, 2022.

2. Roll Call

PRESENT:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

3. Pledge of Allegiance

Mayor Nisivoccia led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Seeing and hearing no one, the public session was closed.

C. REVIEW OF THE 2023 DRAFT BUDGET

1. Capital Improvements

Manager Poff reviewed the Capital Improvement Items:

Buildings and Grounds

Back-Up Generator
HVAC Engineering Analysis
Replacement of the Community Center Partition
Community Center Improvements - Cart Access
Town Hall Atrium and Roof Replacement
Town Hall Rear Wall Repair

Recycling Center

Cardboard Compactor Replacement - Recycling Tonnage Grant

Department of Public Works

Hook Lift Truck Replacement

Engineering

Storm Water System Maintenance
Retaining Wall Replacement
Tree Removal
Calais Road - Phase 2
Road Repaving Program
Town Hall Parking Lot

Fire Department

Replacement Obsolete PPE
Replacement of Fire Chief and Fire Inspector Vehicles
Repurpose 1992 F350 Brush Truck

Office of Emergency Management

Replacement of F350 Pickup Truck

Parks/Recreation

Brundage Park
BPP General Improvements
BPP Dressing/Rest Rooms
BS Lighting Replacement

Freedom/Heistein
FP Pavilion
FP General Improvements
HP Field Improvements
HP Lighting Replacements
HP Parking Doby (overflow)

Randolph Lake
Picnic Shelter
Spray Park
Landscaping
VCP Overflow Parking
Trail Improvements and Tree Removal
General Park Improvements
ADA Walkways

Parks Equipment
Box Trailer
Additional Mowers
Loader
Vehicle Replacement

Planning/IT

Computer and Laptop Replacement
Town Hall Premise Wiring
Phone System Upgrade
Workgroup Printer Replacement
Audio Video Conferencing

Police

Soft Body Armor
Mobile Data Terminals
RADAR/LASER Units
Radio Infrastructure
Body Worn Cameras
Conducted Energy Devices
Battery Back-Up Traffic Signals
Evidence Room Shelving

Rescue Squad

Stretcher Power Load System
Lucas CPR Device

Water and Sewer

Flow Meters - San Sewer System
W&S Service Vehicle Replacement
Birchwood Hydrant Installation
Hydrant Replacements
Emergent Water Repairs and Sanitary Sewer Repairs
Pleasant Ridge Pump Station Generator
Water System Pressure Analysis
Den Brook Pump Station Upgrades - Construction anticipated for 2024
Infiltration and Inflow

CFO Bonanno provided a brief review of the Tax Levy and Appropriations Cap.

2. Open Space and Recreation Trust

The trust is estimated to generate $921,239 in 2023; $1,733 more than what was anticipated in 2022.

3. Review of Fund Balance

Manager Poff and CFO Bonanno explained that the fund balance is made up of several components including lapsing of appropriation reserves, revenue in excess of budgeted amounts, and miscellaneous revenues not anticipated. He explained that the township examines how the fund is generated and is mindful of which items are regenerative. He stated that the amount of fund balance anticipated in the 2023 budget is $5,952,883.

4. Reserve for Uncollected Taxes

Manager Poff explained that this non-spending appropriation is a reserve that covers any budget shortfalls as the result of uncollected taxes. The township's collection rate is historically strong; therefore, it was recommended to be reduced. He explained that the township is obligated to pay 100% of all the taxes due to the Schools and County, regardless of its collection rate for the year.

5. Library

Manager Poff confirmed along with CFO Bonanno that the increases the township has seen in terms of its statutory expenses (Insurance, Salaries, Social Security, and Pensions) are incorporated in the $494,556. Upon review, it was recommended that an additional $4,400 be added in a separate line for other expenses relating to processing costs and additional lines for $4,900 and $8,500 be added for salaries.

D. COUNCIL QUESTIONS AND DISCUSSION

The council engaged in a Q&A with Manager Poff and CFO Bonanno. They discussed the Fund Balance, various Capital Improvement requests, the appropriation and tax levy caps, Reserve for Uncollected Taxes, etc.

E. FINAL DIRECTION TO MANAGER ON FINALIZING BUDGET

Manager Poff thanked CFO Bonanno for her assistance in preparing the 2023 Municipal Budget. He asked the Mayor and Township Council for confirmation to prepare the budget (with the library additions) in the state format for introduction during the Thursday, March 16 Council Meeting.

Councilmember Potter commended Manager Poff, CFO Bonanno, the Township Department Heads, Fire Department, and the Rescue Squad for their efforts in preparing the budget. She stated that difficult economic factors such as supply chain and inflation issues did not make the budget process easy. She commended Manager Poff for his careful scrutiny and decision-making throughout the process. She believed the budget would allow the township to provide prudent financial management and allow the township to continue to provide the services residents continue to expect. She supported the budget's introduction.

Councilmember Elbaum was in favor of proceeding with moving the budget forward.

Councilmember Forstenhausler stated that while he was not thrilled with any tax increase, he believed that the Township Manager laid out very clear reasons as to why it was necessary. He echoed Councilmember Potter's comments. He thought the budget provided the proper services and he was in favor of preparing it for introduction.

Councilmember Hathaway stated that this budget process allowed him to dig in deep and learn. He valued being a part of the decision-making process. He stated that he approved of moving forward with the budget.

Councilmember Veech stated that she believed the residents would understand the economic pressures. She emphasized the necessity of maintaining municipal services for the community.

Deputy Mayor Carey stated that she was satisfied with the thorough and thoughtful budget process. She commended Manager Poff, CFO Bonanno, and the Township Staff for dedicating time to the budget development. She commented that while there were economic pressures, she believed people would see their tax dollar value back from municipal services. She was in favor of moving forward with the budget presentation.

Mayor Nisivoccia stated that the budget process was challenging. He thanked everyone involved for their efforts. He was confident that the council's questions were answered satisfactorily. He believed that the budget would be a great means of improving municipal services. He approved of preparing the budget for introduction.

F. OPEN TO THE PUBLIC

Joseph Amaral of 14 Holly Drive inquired about the existence of liaison bodies between the township and the Board of Education (BOE). He asked how the township ensured that the BOE was using funds effectively. Mayor Nisivoccia explained that the BOE is a separate governing body from the council. He stated that the township had no authority over the BOE budget, nor did the BOE have authority over the township's budget. He shared that members of the Township Council meet with the BOE quarterly and that the BOE and the township make a collaborative effort to share resources.

Jim McConnell of 45 Carrell Road stated that he has lived in Randolph for over 50 years. He asked when he would see a sewer line on his road. He asked that this be completed in his area, as he and his neighbors wanted their fair share of public utilities.

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

G. END BUDGET SESSION - 6:25 p.m.

H. OPENING OF REGULAR MEETING

I. MANAGER'S REPORT

Manager Poff reported the following:

Stormwater Permitting Grant Opportunities - As previously discussed, the township must comply with ever-increasing stormwater permit requirements as promulgated by the state. The township is pursuing grant opportunities.

Budget Process - He thanked the Township Council for their support throughout the budget process. He commended CFO Bonanno for her efforts in preparing the budget and the Department Heads for doing a great job in preparing their budget requests and differentiating their needs and wants.

J. APPROVAL OF MEETING MINUTES

Councilmember Potter made a motion to approve the Regular Meeting Minutes of January 28, 2023 and the Budget Meeting Minutes of February 2, 2023. Councilmember Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None

K. COMBINED ACTION RESOLUTIONS

1. Combined Action Resolutions

Item #9, R-67-23, Setting Forth Reasons for the Township Council's Disapproval of Request for a Written Statement of Consent for Treatment Works Approval for KRE Acquisition Corp. - Manager Poff explained that the council was furnished with an email from the Township Attorney establishing the necessity of this resolution. He noted that this resolution was placed on the agenda once the item was received. He along with the Township Attorney, and the Township Engineer recommended that the council favor the resolution. He explained that state regulations allow the council to consider disapproval of treatment work approval applications. He shared that the development was located in Mine Hill, and would be connected with the Jackson Brook Interceptor.

1. R-59-23 Authorizing the Execution of a Right of Entry, Release and Indemnification Agreement with Southeast Morris County Municipal Utilities Authority

2. R-60-23 Authorizing Change Order #1 (Final Quantities Change Order) to Contract with John Garcia Construction Co., Inc. to Increase Contract Amount by $2,137.70 for Farm Road and Arnold Drive Sanitary Sewer Project Bringing New Total to $290,848.00

3. R-61-23 Refunding a Portion of Recreation Fees for Various Residents Totaling - $2,125.00

4. R-62-23 Authorizing Change Order #8 to a Professional Services Agreement with Harbor Consultants Inc., to Increase Contract Amount by $25,000.00 for Planning Services for the Affordable Housing Program (COAH) Bringing the New Total to $175,000.00

5. R-63-23 Authorizing the Sale of Surplus Personal Property No Longer Needed for Public Use on An Online Auction Website

6. R-64-23 Authorizing Change Order #1 to Increase the 2022 Leaf Loading, Hauling, and Proper Recycling Contract by $1,000.00 for the Period of October 1, 2022 Through January 31, 2023 Bringing the New Total to $217,600.00

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 2, 2023

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds will be available to increase the contract award to S. Rotondi & Sons, Inc. for providing Leaf Loading, Hauling and Proper Recycling in an amount not to exceed $1,000.

Deborah Bonanno
Chief Financial Officer
Budget Accounts: 01-203-26-300-302 2022 (not to exceed $1,000)

7. R-65-23 Authorizing Change Order #1 For the Amount of $10,000 To Be Added To The Contract With 1ST Goal Heating And Cooling For The Preventive Maintenance/Repair Contract of HVAC Equipment at Township Buildings/Complexes For The Period of January 1,2023, Through December 31, 2025, With the Option to Extend, Bringing The New Contract Total To $223,000.00

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 2, 2023

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds will be available, subject to annual appropriation and adoption in the 2023-2025 municipal budgets, to provide for additional time and materials in the contract awarded to 1st Goal Heating and Cooling for providing HVAC maintenance services to all municipal buildings in an amount not to exceed $10,000.

Deborah Bonanno
Chief Financial Officer
Budget Accounts: 01-201-26-310-305 2023
(Not to exceed $81,000 per year of $243,00)

8. R-66-23 Authorizing the Release of Performance Bond ($288,710.30) and Final Payment ($46,965.20) and Acceptance of the Maintenance Bond ($29,084.00) for Farm Road and Arnold Drive Sanitary Sewer Project to John Garcia Construction

9. R-67-23 Setting Forth Reasons for the Township Council's Disapproval of Request for a Written Statement of Consent for Treatment Works Approval for KRE Acquisition Corp.

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

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None

L. UPCOMING EVENTS

Grand Opening/Ribbon Cutting: All State, 1243 Sussex Tpke. #2, Randolph, NJ on Wednesday, March 22, 2023, at 5:30 p.m.
Recreation Volunteer Awards at the Community Center, 30 Calais Road, Randolph, on Sunday, March 26, 2023, 9:30 a.m. - 1:30 p.m.
Little League Opening Day, at Freedom Park on Saturday, April 22, 2023, 9:30 a.m. - 11:00 a.m.
Library Music Event: Happy Trails: Country Classics, Sunday, March 19, 2023, at 2:00 p.m.
Library Music Event: The Kootz - Traveling Wilburys Tribute, Sunday, April 23, 2:00 p.m.
Township Community-Wide Garage Sale: Saturday, April 22, and Sunday, April 23, 2023, 9:00 a.m. - 4:00 p.m.
Shredding Day: Saturday, April 29, 2023
Community Garden Social: Friday, May 12, 2023 - Council Only
Arts in the Park: Saturday, May 20, 2023

M. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 01-23 Authorizing the Acquisition of Certain Real Property Described as Block 47, Lot 35.02 on the Official Tax Map of the Township of Randolph and Commonly Known as Guerin Drive for Municipal Public Purposes, and Authorizing All Actions Necessary to Implement and Effect the Acquisition of the Property

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Authorizing the Acquisition of Certain Real Property Described as Block 47, Lot 35.02 on the official Tax Map of the Township of Randolph and Commonly Known as Guerin Drive for Municipal Public Purposes, and Authorizing All Actions Necessary to Implement and Effect the Acquisition of the Property, was read by title on second reading and a hearing held on February 16th, 2023.

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Authorizing the Acquisition of Certain Real Property Described as Block 47, Lot 35.02 on the official Tax Map of the Township of Randolph and Commonly Known as Guerin Drive for Municipal Public Purposes, and Authorizing All Actions Necessary to Implement and Effect the Acquisition of the Property, be passed tonight, on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Mayor Nisivoccia explained that the public hearing and council comments for this ordinance were previously conducted during the Thursday, February 16 meeting. He added that he spoke to the resident who previously shared questions concerning this ordinance.

Councilmember Veech made a motion to adopt the ordinance. Councilmember Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None

2. Ordinance No. 04-23 Ordinance to Exceed Municipal Budget Appropriations Limits and to Establish a Cap Bank

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-10 Multifamily Inclusionary Zone (R-10 Zone) and to Rezone Block 44, Lots 8 and 9 on the Official Tax Map of the Township of Randolph from the R-8 Zone to the R-10 Zone, be read by title on second reading and a hearing held thereon.

Manager Poff explained that the purpose of this ordinance is to exceed the Municipal Budget Appropriation Limits and to establish a Cap Bank for Calendar Year 2023. He explained that the township is obligated to follow the 2010 Tax Levy Cap and the 1977 Appropriations Cap; this ordinance speaks specifically to the 2010 Tax Levy Cap.

OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

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-10 Multifamily Inclusionary Zone (R-10 Zone) and to Rezone Block 44, Lots 8 and 9 on the Official Tax Map of the Township of Randolph from the R-8 Zone to the R-10 Zone, 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.

Councilmember Forstenhausler made a motion to adopt the ordinance. Councilmember Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None

N. ORDINANCE INTRODUCTION

1. Ordinance No. 05-23 - Amending Appendix A of the Fee Schedule Ordinance - Construction, Recreation and Health

Manager Poff explained that the purpose of this ordinance is to amend the Sections of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey, governing Administrative Fees, Building and Construction, Engineering, Water and Sewer, Fire Prevention and Health Fees.

BE IT RESOLVED, that an Ordinance entitled, "Capital Ordinance of the Township of Randolph Appropriating $2,067,000 from the Capital Improvement Fund for Various 2023 Capital Improvements and $199,815 in Grants from the New Jersey Department of Transportation for Calais Road Improvements," 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 16th, of March, 2023 at 6 o'clock in the evening, prevailing time, at the Town Hall 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.

Councilmember Hathaway added that the goal of the amendments was to simplify some of the language within the fee schedule and update fees that were out of date.

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

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None

O. OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

P. COUNCIL COMMENTS

Councilmember Potter shared that she had spoken to Manager Poff about the Environmental Landmarks Advisory Committee's progress on assessing the monitoring function and social media features on the Recycle Coach app. She shared that there are currently 308 total users in Randolph. She explained that the app's monitoring function demonstrated that there had been 1,731 interactions and 17 material searches within the last 30 days. She will be proposing that the committee further promotes the app, and utilize the monitoring feature to measure the township's progress.

She reported that in her Rockaway Regional Valley Sewer Authority (RVRSA) capacity, she was in receipt of wastewater meter readings, and participating municipality charges. She reported that Randolph consisted of about 9.7% of the authority's average daily flow.

Councilmember Elbaum had nothing to report for this meeting.

Councilmember Veech informed the council that the student liaison positions would be made consistent to reflect four student appointments on boards and committees. She reported that the Parks Department crews were conducting trail and park maintenance. She shared that various diseased plants were being removed from the Community Garden beds. She attended the Parks and Recreation Awards event, during which, Veterans Community Park was recognized. She concluded her report by asking Manager Poff if the township has been applying for many grants, and when CPR training classes would be scheduled for township staff members and volunteers.

Councilmember Hathaway reported that Ordinance Workgroup reviewed the student liaison requirements to make them consistent across all the township's advisory boards. The workgroup also examined the noise ordinance and shortening the term for political signs and enforcing the temporary sign ordinance.

He shared that he attended the Morris Habitat for Humanity Hearts and Hammers Gala. During the event, the 17 families scheduled to move into the Bennet Avenue development were recognized.

Councilmember Forstenhausler asked if the council would need to take formal action to update the student liaison appointments. Manager Poff confirmed that the council would need to consider an updated general student appointment ordinance as well as a companion ordinance for the removal or repeal of the designated student appointment terms for particular boards/committees.

He asked if it was possible for the Ordinance Workgroup's political sign period recommendation to be implemented in time for the upcoming election season to prevent sign pollution. Mayor Nisivoccia added that the workgroup wasn't just referring to the political signs, but also temporary sign placement on rights-of-way. Manager Poff stated that he would work with counsel to review the duration of sign placements.

Councilmember Forstenhausler shared that the Historical Society of Randolph (HSOR) teamed up with the Rotary Club to raise funds and awareness about the Liberty Tree Project. He shared that the funds were being raised to cut two sections of the tree and prepare it to be mounted and displayed. The group was seeking to raise $17,000. He added that donations were being accepted by the Rotary Club and HSOR.

He reported that the Municipal Alliance Committee wanted him to inquire about how far along the website redesign was coming, and who they could work with to enhance the links on social media. Manager Poff stated that the website was on track and projected to be completed sometime in June. He shared that the committee chairs should have received communications from Mayor Nisivoccia regarding where to relay information for distribution.

Councilmember Forstenhausler asked if the areas where sewer extensions could be established could be identified. Manager Poff stated that the township faced issues as a result of the designation by the utility. He stated that the wastewater planning utility was assumed by Morris County and the Highlands Council. He stated that from a regulatory state perspective if the property was not within a service area there was no ability to connect. He stated that it would be examined and that the concern was shared with Morris County and the Highlands Council.

Deputy Mayor Carey stated that the Liberty Tree Project also involved grant funds. She and Councilmember Forstenhausler shared that an initial grant was awarded and that HSOR and Rotary Club applied for an additional grant which will result in a decision by May.

Deputy Mayor Carey shared that she and Mayor Nisivoccia were invited by the school to read and participate in a pajama party event to celebrate Read Across America.

Mayor Nisivoccia commented that the students asked great questions.

Q. ADJOURNMENT

Councilmember Forstenhausler made a motion to adjourn the meeting at 7:00 p.m. Councilmember Hathaway seconded the motion, and the following roll call vote was taken:

AYES:
Councilmember Elbaum
Councilmember Forstenhausler
Councilmember Hathaway
Councilmember Potter
Councilmember Veech
Deputy Mayor Carey
Mayor Nisivoccia

NAYS: None