502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: September 23, 2021

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:15 p.m. by Mayor Forstenhausler. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate and electronic 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, 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 on 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 the 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:
Councilwoman Carey
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Councilwoman Veech - (Left the meeting at 6:41 p.m.)
Deputy Mayor Potter
Mayor Forstenhausler

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. EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the Executive portion of the meeting.

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

a. Affordable Housing Litigation
b. Shongum Lake/DEP Loan Agreement

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.

Councilwoman Carey made a motion to move into Executive Session at 5:18 p.m. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to close the Executive Session and reopen the meeting to the public at 6:05 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

D. MANAGER'S REPORT

Manager Mountain reported the following:

Communications Update - The Council Communication Work Group, the Clerk's Office, and the township's new part-time Communications Coordinator have made enhancements to township communications over the past several months. These enhancements include a new and expanded format for the township's Friday e-blast, which now includes a more attractive format, as well as broader scope of information including both news and events, more frequent posting of township activities, and news on all of the township media platforms, including the town website, social media and news releases to the media. Additionally, coverage of town events is being increased. Manager Mountain explained that the Communication Coordinator was working towards being able to attend Township Council meetings; however, he currently has a conflict with his other job. The coordinator hopes to be able to attend future meetings. Since June 2021, the number of subscribers to the township's Friday e-blast has increased from 2,364 to 2,516. The following on the township's Facebook and Instagram accounts have seen a 10% increase with Facebook approaching 5,000 followers and Instagram having approximately 2,000 followers.

BOE-Township Liaison Meeting - On Friday, September 10, the Mayor, Deputy Mayor, Police Chief, and Township Manager met with representatives of the Board of Education for the quarterly liaison meeting. During the meeting, the board representatives advised the municipal staff of the progress of schools reopening, provided an update on the completion of referendum projects, the remaining field house and science room projects expected completion in October-November, and the enforcement of school bus passing violations. The municipal staff provided updates on the appointment of the township's new CFO, road resurfacing projects, the affordable housing settlement, and the need for additional student liaisons for certain Township Boards and Committees.

Retirement - Long-time Public Health Nurse Ginny Maico is retiring at the end of September after 29 years of service with Randolph. She has been an outstanding representative for the township. Thanks to her efforts, the nursing office has been extremely well respected by residents and by professional colleagues. Since the beginning of the pandemic, Mrs. Maico and her staff have worked tirelessly to ensure residents receive public health information regarding COVID-19, in addition to carrying out their regular responsibilities. Manager Mountain commented that Mrs. Maico's work over the years was highly appreciated. He commended her for her efforts.

Councilwoman Veech asked if Ginny Maico would be recognized. Manager Mountain informed her that the council could present some sort of recognition at her retirement celebration.

E. COMBINED ACTION RESOLUTIONS

Item #8, R-229-21, Authorizing the Director of Finance to transfer the funds from the Tree Bonds to the Tree Bank Fund for 8, 23, and 27 Skyline Drive - Councilman Tkacs asked for clarification on the resolution. Manager Mountain informed him that the resolution allows the moneys that were posted previously to be put into an account that the township can spend against for the tree replacement program.

  1. R-222-21 Refund escrow funds for Police Detail for Decker & Decker - $130.50
  2. R-223-21 Refund escrow funds for Police Detail for Eagle Rock Utility Services - $2,108.00
  3. R-224-21 Refund escrow funds for Police Detail for Mears Group - $297.62
  4. R-225-21 Refund escrow funds for Police Detail for Advanced Fiberworks - $226.62
  5. R-226-21 Refund escrow funds for project completed at 2 Dawson Road, Block 51, Lot 25 to Christian Mueller - $581.50
  6. R-227-21 Refund escrow funds for project completed at 80 Logan Road, Block 21, Lot 147 to Robert Nimeth - $674.50
  7. R-228-21 Authorizing the Assignment of Tax Sale Certificate #18-18 for 9 Birch Street, Block 80, Lot 11, - $12,612.87
  8. R-229-21 Authorizing the Director of Finance to transfer the funds from the Tree Bonds to the Tree Bank Fund for 8, 23, and 27 Skyline Drive - $42,000.00
  9. R- 230-21 Release cash bonds to J. Carlson for connecting to the township water service at 38 Fords Rd., Block 112.01, Lot 75 - $500.00 and Kraemer for connecting to township storm drain at 1 Tudor Place, Block 81.07, Lot 7 - $500.00
  10. R-231-21 Authorizing the sale of surplus personal property no longer needed for public use on an online auction website
  11. R-232-21 Authorizing contracts with additional approved ESCNJ contract vendors under the Educational Services Commission Cooperative Pricing System pursuant to N.J.S.A. 40A:11-11(5)
  12. R-233-21 Authorizing final quantity Change Order (CO#2) to the Landtek Group, Inc. for the Freedom Park Baseball Renovation Project - no change in final amount of $174,317.50
  13. R-234-21 Release of final retainage payment ($3,486.35), Release of the Performance Bond ($164,130.00), and the Acceptance of Maintenance Bond ($17,431.75) to The LandTek Group, Inc., for the Freedom Park Baseball Renovation Project
  14. R-235-21 Refund Tree Bond posted for 38 Fords Road, Block 75, Lot 112.01 to the Estate of John Carlson - $4,400.00
  15. R-236-21 Finding vendor in default and rescinding award of MCCPC Contract #15F (Cab/Chasis with Dump Bodies, 2021 Models) from Route 23 Automall, LLC
  16. R-237-21 Release of Final Retainage Payment ($5,327.12), Release of Performance Bond ($289,511.00) and Acceptance of the Maintenance Bond ($26,636.00) to Mike Fitzpatrick Contractors, Inc. for the Franklin Road Paving/Retaining Wall Project

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

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

NAYS: None

F. UPCOMING EVENTS

  1. Country Fair at Municipal Building, 502 Millbrook Avenue, Randolph, Saturday, September 25, 2021, from 10:00 a.m. - 5:00 p.m.
  2. Randolph Kiwanis Club 50th Anniversary at the Randolph Diner, Rte. 10, Randolph, Wednesday, September 29, 2021, at 6:00 p.m.
  3. Grand Re-Opening and Ribbon Cutting - Weis Supermarket, Rte. 10 and Center Grove Rd., Randolph, Friday, October 1, 2021, at 9:00 a.m.
  4. Grand Opening/Ribbon Cutting - I VOLLEY Volleyball Complex, 6 Middlebury Blvd., Randolph, Saturday, October 2, 2021 at 11:00 a.m.
  5. Grand Opening/Ribbon Cutting - NJ Battle Zones, 10 Middlebury Blvd., Randolph, on Saturday, October 2, 2021, at 12 noon
  6. Hometown Hero Banner Dedication - VFW oval walking path on Carrell Road, Randolph, NJ, Saturday, October 9, 2021, at 11:00 a.m.
  7. Grand Opening and Ribbon Cutting - Ivy Rehab & Physical Therapy, 711 Rte. 10 East, Suite 200 on Thursday, October 14, 2021, at 5:00 p.m.

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 26-21 Appropriating $75,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Improvements to the Township's Stormwater Outfall System

BE IT RESOLVED, that an Ordinance entitled, An Ordinance of the Township of Randolph Appropriating $75,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Improvements to the Township's Stormwater Outfall System, be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the purpose of this ordinance is to fund improvements to the Stormwater Outfall System.

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 Appropriating $75,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Improvements to the Township's Stormwater Outfall System, 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.

Mayor Forstenhausler commented that it was great that the township was able to utilize federal funding to help improve the town's Stormwater Outfall System.

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

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

NAYS: None

2. Ordinance No. 27-21 Appropriating $500,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Painting the Township's Water Tank

BE IT RESOLVED, that an Ordinance entitled, An Ordinance of the Township of Randolph Appropriating $500,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Painting the Township's Water Tank, be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the purpose of this ordinance is to fund the painting of the Township's Water Tower.

Mayor Forstenhausler commented that the township had already intended to complete the Water Tank project, except now there is a boost with the appropriation of the $500,000.

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 Appropriating $500,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Painting the Township's Water Tank, 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. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance No. 28-21 Appropriating $150,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Retrofits and/or Improvements to HVAC Systems Located in Township-Owned property

BE IT RESOLVED, that an Ordinance entitled, An Ordinance of the Township of Randolph Appropriating $150,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Retrofits and/or Improvements to HVAC Systems Located in Township-Owned Property, be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the purpose of this ordinance is to fund retrofit/improvements to HVAC (Heating, Ventilation, and Air Conditioning) Systems in Township Facilities.

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 Appropriating $150,000 from the American Rescue Plan's Local Fiscal Recovery Fund for Retrofits and/or Improvements to HVAC Systems Located in Township-Owned Property, 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. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

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

NAYS: None

H. ORDINANCES: INTRODUCTION

1. Ordinance No. 32-31 An Ordinance Changing the Name of Ironia Road to Ironia Mendham Road

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. Councilwoman Veech asked if the people on the street minded the change. Manager Mountain explained that there were only two people who expressed objection to the change, although it was not aggressive.

Mayor Forstenhausler asked if the township would be responsible for changing the signs. Manager Mountain confirmed that he was correct. 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 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 7th, of October, 2021 at 5 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.

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

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

NAYS: None

I. OPEN TO THE PUBLIC

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

J. COUNCIL COMMENTS

Councilman Nisivoccia reported that he attended a Trails Advisory Committee meeting. During the meeting, Eagle Scout candidates and trail navigation improvement projects were discussed.

He attended the Randolph High School Hall of Fame Induction Ceremony. He positively commented on the seven lifelong township residents who were inducted.

He shared that the Randolph Area Chamber of Commerce was making progress in its efforts.

Councilman Tkacs attended a Planning Board meeting on Monday, September 13; no significant action was taken during the meeting.

He attended a Parks Advisory Committee meeting on Tuesday, September 14. During the meeting, Parks and Recreation Director Russ Newman informed him that during hunting season hunting would not be allowed on Sundays. Therefore if anyone is uncomfortable using the trails during the season, they can do so on Sundays. He shared that the committee has been reviewing a park ordinance and would soon be sharing their recommendation for changes. He concluded his report by sharing that Director Newman mentioned that a new trail will be marked from the lake area towards Canfield Avenue.

Councilman Loveys echoed Councilman Nisivoccia's comments on the Randolph High School Hall of Fame event.

He attended a Board of Health meeting on Tuesday, September 13. He reported that several of the township's public health screening and clinics have resumed. The board's Mobile Food Licensing Subcommittee is continuing to gather information on the question of mobile food licenses. The subcommittee will provide a recommendation to the board in October.

He shared that the grants that the Health Department received in 2021 for vulnerable population research have been extended through June 2022.

During the board meeting, Health Officer Mark Caputo reviewed some of the latest school guidance issued by the NJ Department of Health. Mr. Caputo also reviewed authorizations issued by the NJ Department of Environmental Protection to local administrative authorities. The authorizations waive existing regulations relating to septic fields, septic field size, and requirements for homes using ejector pumps. The Health Department and Engineering Department will consider the waiver, provided that some conditions are met.

Councilman Loveys shared that the Township's Shredding Day has been moved to Saturday, October 9.

He reported that the Recreation Advisory Committee met the previous week. During the meeting, Director Newman introduced the committee to the township's new Program and Events Coordinator, Kristina Garlick. Mrs. Garlick has been working with the Randolph Rotary Club to schedule and organize events for the upcoming Country Fair. She has also aided with organizing a series of upcoming recreation events, some of which include the Trunk or Treat event, Charcuterie Class, and the Holiday Lighting event.

He reported that the storage unit for the football program had been installed at Freedom Park and that the Recreation Department would be offering a field hockey clinic in the fall. He explained that the fall 2021 recreation participation numbers had increased from previous years. Due to the increase, the department is working on the challenges of obtaining further supplies, equipment, and coaches.

He shared that Assistant Parks and Recreation Director Steve Eisentstien reported that the department has maintained a good relationship with the township schools when sharing recreational facilities.

During the committee meeting, the group expressed that they would prefer the Volunteer Recreation Awards to be held in person. Councilman Loveys shared that it was likely that the event would be held sometime in April or May, as they were uncertain of what the effects of COVID-19 would be in the winter.

He mentioned that the committee met with representatives from VFW Post #7333 to coordinate the location of the soon-to-be installed Hometown Hero flags.

He concluded his report by commending Ginny Maico for her hard work and for representing the township well.

Councilwoman Veech informed the council that they have been provided with a copy of the township's New Resident Packet. She suggested that the council members review its contents and use it as a source when they conduct the municipal building tours on Saturday, September 25.

She attended a Randolph Area Chamber of Commerce meeting and commented that it was great to see new businesses.

She reported that the Community Garden held a potluck dinner the previous week for members; she heard many great things about the event. The Community Garden will have a signup sheet at their Country Fair booth to see if there is additional interest in the garden.

Councilwoman Carey attended the community garden dinner and the VFW's 9/11 Patriot's Day Ceremony.

She concluded her report by sharing that the Cannabis Subcommittee would be meeting on Wednesday, October 13. The subcommittee has been reviewing the regulations that were recently released by the Cannabis Regulatory Commission.

Deputy Mayor Potter reported that the Advisory Environmental and Landmarks Committee met on Tuesday, September 14. Planning and Zoning Administrator Darren Carney reported that plans previously approved by the Planning Board in December would have to be investigated in relation to the impacts of new stormwater regulations. Mr. Carney also discussed the progress of the Environmental Master Plan, which is now being referred to as the Environmental Action Plan.

She shared that the committee has been reviewing a proposal to install historical welcome signage at the town center. The committee will provide a plan to the council for review.

She attended the BOE-Township Liaison meeting. She shared that the school reopening went well and that the school bus driver shortage has led them to utilize any staff members who are certified to drive for bus routes. She reported that the school will be implementing state-issued updates on sex education in 2022; a firm will be hired to educated teachers and parents on the updates.

She shared that the high school currently has 350 students in each grade level and that the middle school and elementary schools currently have about 300 students per grade level.

She concluded her report by sharing that she attended the Senior Picnic on Tuesday, September 14, and the League of Municipalities meeting on Wednesday, September 15.

Mayor Forstenhausler shared that during the BOE-Township Liaison meeting, there was a discussion about the potential impacts that the affordable housing units would have on the community. He explained that the schools were aware of the potential for additional students.

He thanked the VFW for conducting the 9/11 Patriot's Day Ceremony. He attended the Mission Gratitude event and the Morris County 9/11 memorial event. He mentioned that he would be officiating a wedding ceremony in the evening.

He concluded his report by sharing that he has known Ginny Maico since 2005. He commended her for her dedication and work ethic. He stated that she would be sorely missed and that she did a great job. He hoped that the person taking the reins would measure up well.

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:

a. Affordable Housing Litigation
b. Shongum Lake/DEP Loan Agreement

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.

Councilwoman Veech made a motion to move into Executive Session at 6:41 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Nisivoccia made a motion to close the Executive Session at 7:50 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

L. ADJOURNMENT

Councilman Tkacs made a motion to adjourn the meeting at 7:51 p.m. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

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

NAYS: None