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

Minutes: October 7, 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. This meeting is held pursuant to the New Jersey Open Meetings Act. Adequate and electronic notice of the meeting has been provided by posting written notice of the time, date, location, and the extent known, the agenda of the meeting in Randolph Township. This 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 it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record in December 2, 2020 by emailing them the annual resolution adopted by the Council on November 12, 2020. The amended annual resolution which included this meeting date was adopted by the Council on January 21, 2021, and was advertised in the Randolph Reporter and the Morris County Daily Record on January 28, 2021. The time change for this meeting was posted on the Township website and on TapInto Randolph on September 17, 2021, and advertised in the Daily Record on September 21, 2021.

2. Roll Call

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

ABSENT: Councilwoman Carey

Also present: Township Manager Mountain and Township Attorney Edward J. Buzak (via phone)

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Presentation of the Agency Trilogy Award by Chief of Operations Officer Mark Clark of FBI-LEEDA to the Randolph Police Department

Randolph Township Police Chief Will Harzula thanked the Township Council for their time. He introduced Mark Clark, the Chief of Operations of FBI-LEEDA, and explained that Mr. Clark would be presenting the Township Police Department with the prestigious FBI-LEEDA Trilogy Award. Joining Chief Harzula in representing the Township Police Department were Sergeant Edelman, Sergeant Mygas, and Lieutenant Donovan.

Mr. Clark thanked the mayor and council for allowing him to recognize the community and police staff for achieving the Trilogy Award. He explained that the Randolph Township Police Department was the 23rd police agency in the country to receive the award. He stated that the award recognized the police chief and command staff's commitment to being the best leaders they can be, their commitment to improving the community, and their dedication to growth and advancement within the ranks. He explained that the award was recognized nationally as a positive accolade for police departments to have on their resumes. He stated that FBI-LEEDA was proud to be able to recognize the achievement of the Township Police Department and of Chief Harzula.

Mr. Clark further explained how the FBI-LEEDA program has helped to support positive changes that communities have been asking for. He stated that the Randolph Police Department and the community were prepared with great leadership.

Councilwoman Veech asked Mr. Clark what LEEDA stood for. Mr. Clark explained that FBI-LEEDA functioned as a membership association for individuals who have successfully completed the association's Supervisor Leadership Institute, Command Leadership Institute, and Executive Leadership Institute courses.

C. OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

D. MANAGER'S REPORT

Manager Mountain reported the following:

* Cottage Food Law - In July, the New Jersey State Legislature passed what is referred to as the "Cottage Food Law". On Monday, October 4, the NJ Department of Health (NJDOH) put into effect the corresponding rules and regulations governing the application of this new law. The law will allow bakers and confectioners to run cottage food businesses out of their homes under a permit to be administered through the NJDOH. The law limits what can be sold and mandates that the products be sold directly to consumers and not through stores or wholesalers. The law also limits sales to $50,000 or less.

The new law does not supersede municipal home-base business restrictions or other local zoning regulations. To be permitted by the state, local entrepreneurs must demonstrate that there are no local restrictions to operating the cottage food business for which they seek a permit. Currently, the Township Land Development Ordinance does not permit cottage food operations. Home-based businesses in Randolph Township are limited to the owner-occupied office of a physician, surgeon, dentist, attorney-at-law, architect, artist, real estate broker, scientist, mathematician, engineer, planner, or person of like profession.

The Planning/Zoning Department and the Health Department will be reviewing the new law along with all the current local restrictions. They are working on a summary report that will be presented to the council in the coming months. The report will provide the council with the information that can be utilized in their consideration of whether or not they wish to amend the local ordinance restrictions to allow residents to apply for a state permit. He advised the council to inform the public that the town's zoning laws currently restrict such business from operating out of a residential property and that the matter is under review in light of the new law.

* November 4th Council Meeting -The Township Council meeting currently schedule for Thursday, November 4, will be rescheduled to Tuesday, November 2, to correspond with Election Day. Manager Mountain recommended that the meeting be scheduled for 5 p.m. to avoid conflict with the Economic Development Committee meeting scheduled for the same evening at 7 p.m.

Mayor Forstenhausler stated that he was okay with the time change. The rest of the council agreed that the change was fine.

* Public Health Nurse Supervisor Appointment -Beverly Mooney has been appointed to succeed Ginny Maico in the Public Health Nurse Supervisor position. Mrs. Mooney has served capably as the senior Part-Time Nurse in the office for the past 8 years and was the township's unanimous choice to fill the supervisor role. She is a long-time Randolph resident and a very accomplished professional in the nursing field.

Councilwoman Veech asked if there would be an event in recognition of the retirement of the Township Nurse, Ginny Maico. Manager Mountain informed her that the council would be receiving invitations on November 10.

* Country Fair - Manager Mountain commended Parks and Recreation Director Russ Newman, Assistant Director Steve Eisenstein, the Township Park employees, and the Township Events Coordinator Kristina Garlick for putting together a highly entertaining and successful Country Fair event. This year's event was very well promoted, attended, and organized and was, in his opinion, the best fair he has attended since starting in 2014. He shared that he has received positive feedback from the community and commended everyone for pulling together the wonderful event, despite the continuous challenges of COVID-19. He commented that he looked forward to seeing what the event would be like in 2022 when the fair would be moved to its new venue at Veterans Community Park.

E. APPROVAL OF MEETING MINUTES

1. Approving the Regular Council Meeting Minutes from September 9, 2021 and September 23, 2021.

Deputy Mayor Potter made a motion to approve the Regular Council Meeting Minutes from September 9, 2021 and September 23, 2021. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Carey

F. COMBINED ACTION RESOLUTIONS

Item #6, R-244-21, Celebrating National Hispanic Heritage Month, September 15, 2021 - October 15, 2021 - Mayor Forstenhausler called attention to this resolution. He read the resolution into the record:

WHEREAS, the 30-day period beginning September 15, the day that represents the anniversary of independence for five Latin American countries, and continuing through October 15, is designated as National Hispanic Heritage Month; and

WHEREAS, Hispanic Heritage Week, which began in 1968 under President Lyndon Johnson, was expanded to National Hispanic Heritage Month by President Ronald Reagan and enacted into law in 1988 to cover the 30-day period beginning September 15, celebrates the culture and traditions of those who trace their roots to Spain, Mexico and the Spanish-speaking nations of Central America, South America and the Caribbean; and

WHEREAS, Hispanic Heritage Month celebrates the nation's Hispanics and acknowledges their influence on the economy, politics, and the social and cultural life throughout the United States; and

WHEREAS, understanding Hispanic history is an important part of celebrating Hispanic Heritage Month; and

WHEREAS, Hispanic Heritage Month is a time when Hispanics honor their spirit of self determination, dignity, and respect for cultural heritage; and

WHEREAS, those persons who have come from the Latin American countries of Central America, South America, the Caribbean and Mexico have long added a special quality and enrichment to the cultural heritage and institutions of the United States, the State of New Jersey, County of Morris, and Randolph Township; and

WHEREAS, the 2021 Hispanic Heritage Month observance theme, "Esperanza: A Celebration of Hispanic Heritage and Hope", invites us to celebrate Hispanic Heritage and to reflect on how great our tomorrow can be if we hold onto our resilience and hope. It encourages us to reflect on all of the contributions Hispanics have made in the past, and will continue to make in the future. It also inspires us to recognize that we are stronger together.

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that September 15, 2021 through October 15, 2021 is designated as National Hispanic Heritage Month and they encourage the Randolph community to observe, recognize, and celebrate the culture, heritage and contributions of Hispanics to our country, state, and community.

Councilwoman Veech inquired about an email relating to auto makers. Manager Mountain informed her that the matter was still being reviewed by the Purchasing Agent.

R-238-21 Authorizing Final Quantity Change Order (CO#1) to Mike Fitzpatrick Contractors for the Franklin Road Paving/Retaining Wall Project
R-239-21 Release cash road opening bond posted for the purpose of connecting to the township sanitary sewer service at 1 A Jason Lane, Block 101, Lot 23.01 to Prashant Agarwaz - $500.00
R-240-21 Authorizing return of 2019 and 2020 Performance Bonds for MCCPC Contract #33 - Clay and Infield Mix for Athletic Fields - to Whibco of New Jersey, Inc.
R-241-21 Authorizing contracts with additional approved State Contract Vendors for contracting units pursuant to N.J.S.A. 40A:11-12a
R-242-21 Authorizing the default and rescission of various items in MCCPC Contract #42 (Landscaping Materials & Supplies)
R-244-21 Celebrating National Hispanic Heritage Month, September 15, 2021 - October 15, 2021
Raffle License: Off Premise Merchandise Draw, Minuteman Sports Club, The Meadow Wood Manor, 461 Route 10 East, November 17, 2021, at 8:15 p.m.
Raffle License: On-Premise 50/50, Minuteman Sports Club, The Meadow Wood Manor, 461 Route 10 East, November 18, 2021, from 6:30 p.m. - 9:30 p.m.
Raffle License: Casino Night, Sarah's Fight for HOPE Foundation, The Meadow Wood, 461 Route 10 East, November 20, 2021, from 7:00 p.m. - 11:00 p.m.
Raffle License: Off-Premise Merchandise, Randolph Engine Co. No. 5, 118 West Hanover Ave., January 17, 2022, at 7:30 p.m.

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

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

NAYS: None

ABSENT: Councilwoman Carey

G. UPCOMING EVENTS

Grand Opening/Ribbon Cutting - Manjares Del Caribe, 477 Route 10, Randolph NJ, on Friday, October 8, 2021, at 1:00 p.m.
Hometown Hero Banner Dedication at Veteran's Park on Saturday, October 9, 2021, at 11:00 a.m.
Grand Opening/Ribbon Cutting, Ivy Rehab Physical Therapy and Randolph Pediatrics, 711 Route 10 East, Randolph, NJ, on Thursday, October 14, 2021, at 5:00 p.m.
Habitat for Humanity Ground Breaking at 42 Bennet Avenue, Randolph, NJ, Monday, October 18, 2021 at 11:00 a.m.
Council Only - Brightview Senior Living Speaking Event, 175 Quaker Church Road, Randolph, NJ, Monday, October 25, 2021 at 6:30 p.m.
Grand Opening/Ribbon Cutting, SportsCare Arena, presented by Summit Health and SportsCare Physical Therapy, 16 Aspen Drive, Randolph, on Wednesday, October 27, 2021 at 10:30 a.m.

H. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 30-21 Amending and Supplementing Section 31-54, Crosswalks of Chapter 31, Traffic and Vehicles, of the Revised Ordinances of the Township of Randolph on Doby Road

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending and Supplementing Section 31-54, Crosswalks of Chapter 31, Traffic and Vehicles, of the Revised Ordinances of the Township of Randolph on Doby Road; be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the purpose of this ordinance is to amend and supplement Section 31-54, Crosswalks, of Chapter 31, Traffic and Vehicles to include an additional mid block crossing on Doby Road.

OPEN TO THE PUBLIC

Seeing and hearing none, the public portion was closed.

BE IT RESOLVED, that an Ordinance entitled, An Ordinance Amending and Supplementing Section 31-54, Crosswalks of Chapter 31, Traffic and Vehicles, of the Revised Ordinances of the Township of Randolph on Doby Road, 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 Nisivoccia made a motion to adopt the ordinance. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Carey

2. Ordinance No. 32-21 An Ordinance Changing the Name of Ironia Road to Ironia Mendham Road

BE IT RESOLVED, that an Ordinance entitled, An Ordinance of the Township of Randolph, Morris County, New Jersey, Changing the name of Ironia Road to Ironia Mendham Road, be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the purpose of this ordinance is to change the name of Ironia Road in the Township of Randolph back to its original name of Ironia Mendham Road to alleviate the confusion with properties located on Ironia Road in the Township of Chester. He stated that the residents living on the road were overwhelmingly in favor of the name change.

OPEN TO THE PUBLIC

Seeing and hearing none, the public portion was closed.

BE IT RESOLVED, that an Ordinance entitled, An Ordinance of the Township of Randolph, Morris County, New Jersey, Changing the name of Ironia Road to Ironia Mendham Road, 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.

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

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

NAYS: None

ABSENT: Councilwoman Carey

I. DISCUSSION ITEMS

1. Ordinance No. 31-21 Amending Sections 34-32, 34-33, 34-34, 34-35, 34-36, 34-37 and 34-39 of Chapter 34, Parks and Recreation Areas of the Revised Ordinances of the Township of Randolph

Manager Mountain explained that a discussion about the park rules was brought up towards the end of 2020. During that time, the initial consensus was that there were some inconsistencies amongst the park rules and regulations when it came to operational hours. He explained that the inconsistencies were brought to the council's attention and forwarded to the Parks Advisory Committee and Recreation Advisory Committee for review and development. He stated that the purpose of this discussion was to hear further recommendations from the council on the developed ordinance. He explained that their recommendations or suggested changes would be sent back to the committees for review. He added that the goal was to get the ordinance adopted within the current year to prevent enforcement issues.

Deputy Mayor Potter inquired about item #27 of Section 34- 34(a). She asked if there would be any restrictions relating to shoes on the turf field. Manager Mountain informed her that he would direct her question to the Parks and Recreation Committees. He explained that the ordinance could be amended anytime in the future and shared that items requiring a significant amount of time for consideration would be followed up on in the future; these items should not hold up the ordinance adoption.

Deputy Mayor Potter inquired about Section 34-35, asking if there were any restrictions on the floats allowed at the Randolph Lake. She inquired about Section 34-37, asking if individuals were allowed to practice serving while three tennis/pickleball courts were in play. Manager Mountain informed her that he would direct her questions to the committees for consideration.

Councilman Nisivoccia commented that he felt the reservation time of up to six weeks in advance for the picnic pavilion was too short. He explained that event organizers may want to promote their event far out and may have challenges if they are unable to secure the date they have been promoting.

Councilman Loveys commented that item #1 of Section 34-36, required clarification, as did item #1 of Section 34-37. He referred to item #8 of Section 34-36, Brundage Skate Park. explaining that he did not understand the reasoning for stating that smoking was prohibited at the skate park, as it is stated in state law and no other township park is mentioned with regards to smoking. He commented that all the parks should be mentioned if the intent was to list that smoking is prohibited at township parks. He pointed out that item #15 of Section 34-36 Brundage Skate Park, was the only passage that mentioned a penalty. He suggested that this be changed to be more consistent throughout the ordinance. Manager Mountain explained that the inconsistencies likely resulted from multiple amendments to the ordinance as projects were being completed.

Councilman Nisivoccia commented that vaping regulations should also be mentioned in the sections that pertain to smoking.

Councilwoman Veech shared that she had previously emailed her comments to Manager Mountain.

Mayor Forstenhausler suggested that cannabis influence should be mentioned amongst the regulations prohibiting smoking, alcohol, and drug use at township parks.

Manager Mountain informed the council that he would provide their comments and suggestions to the Parks and Recreation Committees. Any item requiring a significant amount of time for consideration would be noted and considered in the future for amendment. The ordinance will be up for introduction sometime in November.

2. R-243-21 Authorizing Shared Services Agreement for Temporary Tax Collector Services

Manager Mountain explained that Mendham Township reached out to him to inquire if Randolph could provide assistance through a shared services agreement. He shared that he has been working with the Township Tax Collector and the Chief Financial Officer to develop the agreement and assist Mendham Township as they work through a transitional period. He suggested that the council endorse the resolution as it does not negatively affect the town and it creates opportunity to gain money for the administrative work and help another municipality.

Councilwoman Veech made a motion to approve the Combined Action Resolution item R-243-21. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Carey

J. OPEN TO THE PUBLIC

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

K. COUNCIL COMMENTS

Councilman Nisivoccia reported that he attended several ribbon cuttings for new businesses in town. He shared that he attended a Municipal Alliance Committee meeting on Thursday, October 23. During the meeting, the MAC shared that the Drug Take-Back program would be held at the ACME. The MAC also discussed new breathe easy signage and approached the Police Department with the suggestion of having a prescription drop box installed in the department's lobby. He shared that the MAC would be co-sponsoring a smart phone and social media addiction program. The program will be taking place at the Randolph Middle School on Thursday, October 28. He added that a virtual option for the program would also be available.

Councilman Tkacs shared that his surgery went well. He reported that there were no committee meetings since the last council meeting. He attended grand opening events for several businesses in town.

Councilwoman Veech informed the council that she provided each member with a Road Safety Audit report that was completed by the Rutgers Transportation Safety Resource Center. She stated that the report found that Quaker Church Road was not safe. The Traffic Advisory Committee received the report during their meeting on Tuesday, October 5. Additionally, she provided the council with an email containing information in regards to the number of crashes on Quaker Church Road and Millbrook Avenue. Councilwoman Veech also provided the council with a three page letter that was received from a resident sharing their concerns of speeding issues and speed limit signs on various roads in the Township. Councilwoman Veech stated that the resident asked the Traffic Advisory Committee to review the issues in the letter. Councilwoman Veech informed the council that the Police Department conducted an in-depth study and responded to the resident.

During the TAC meeting, the Police Department reported that the state would provide generators on Route 10 in 2028 or 2029 to support the town when storms or other related events occur. She stated that the township currently has six generators.

She reported that residents on the TAC asked if an update on affordable housing could be released. She understood that information on affordable housing was published on the township website; however, she thought it would be helpful to provide a summary of where the township currently stands with the topic. Manager Mountain responded that it would be best to hold off on releasing a summary until the final few items fall into place. He informed her that a recap could be created to include those final items.

Councilwoman Veech shared that the Township Community Garden collected over $300.00 from their garlic bulb sale at the Country Fair. The proceeds will be going to Homeless Solutions. She thanked everyone who purchased garlic bulbs during the event.

She asked if the Ordinance Workgroup spent any time on the ordinance relating to political signs. Mayor Forstenhausler and Councilman Loveys informed her that the group had not specifically looked at the ordinance. She asked the group to consider examining the ordinance as she has received concerns from residents about the pollution of political signage around the community. She suggested that the workgroup consider changing the 60-day posting period to 30 days.

Councilwoman Veech concluded her report by asking Manager Mountain about the Planning Board's status with the Heller Group. Manager Mountain informed her that the group was seeking an extension of previous site plans. He informed her that they were looking to hold their existing approval or extend it.

Deputy Mayor Potter shared that she attended the Township's Country Fair. She commented that it was enjoyable to meet new residents during the municipal building tours. She thanked Councilwoman Veech for organizing the tours. She attended the COVID-19 Angels event on Saturday, September 25, and shared that it was heartwarming to see the volunteers meet the people they assisted.

Councilman Loveys had nothing to report during this meeting.

Mayor Forstenhausler shared that he attended various ribbon-cutting ceremonies in town. He commented that the Economic Development Committee volunteers had good ideas and great energy. He stated that the ribbon-cuttings were a reflection of the great work being done by the committee. He looked forward to working with the committee and hearing their ideas in the future.

L. EXECUTIVE SESSION

No Executive Session was held during this meeting.

M. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 5:47 p.m. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Carey