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 17, 2015

A. OPENING OF COMBINED MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Veech. 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 December 19, 2014, by emailing them the annual resolution adopted by the Council on December 4, 2014. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 24, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

Also present: Township Manager Mountain, and Keli Gallo and Ed Buzak from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road said that the Parks Master Plan meeting for Monday, September 21st was not listed on the township website. Manager Mountain stated that he would check with the webmaster.

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

C. MANAGER’S REPORT

The Manager reported the following:

  • Sussex Turnpike Water Line Project—the contractor notified the township that the work will begin the week of September 28. There will be two phases to the project; Phase I will be from the Calais Road intersection to the intersection of Church Road, and Phase II will be from Harvey Terrace to the West Hanover intersection. Phase I work will run between September 28 and October 22 from 9 a.m. to 4 p.m., and will involve a detour for east bound traffic. Phase II work will run between October 22 and December 20 from 8 p.m. to 5 a.m., and will also require a detour for east bound traffic. The information will be posted on the township website shortly.
  • County Paving Work—Morris County is finishing the striping of Dover Chester Road; once done, the project will be complete. The milling of Millbrook Avenue between Schoolhouse Road and Sussex Turnpike just began; there were some significant traffic issues caused by the project. Township staff were in communication with the County Engineer regarding the detour signage and the hours of work. The recommended changes should eliminate some of the problems that were experienced initially.
  • Facilities Master Plan—preliminary work towards collecting baseline information for the facilities master plan has begun, and should be completed this year. After the initial information has been collected and assembled, the Manager will meet with the Council Work Group for the project to review the information and discuss next steps. The goal is to have the plan completed in time to utilize the information collected in support of the 2016-2021 Capital Plan. The initial meeting with the Work Group is anticipated to take place in late October.
  • Municipal Cell Tower Bid—the bid package is out. There will be a pre-bid meeting for prospective bidders on October 1st and the bid opening is scheduled for October 27. If all goes well, the Manager will present to the Council for award in early November.

Mayor Veech stated that a resident asked why Roxbury police were being used for paving. She explained that, because it’s a county project, any Morris County police officers can be used.

D. COMBINED ACTION RESOLUTIONS

Item #6, ground speed control system: Councilman Forstenhausler asked for an explanation of what this system is. Manager Mountain explained that it is an appendage that is put on the back of the plow and sanding trucks to allow for dispensing of treatment materials for snow and ice; it controls the rate at which that material is spread. This allows for two more vehicles to be retrofit.

Councilman Napoliello made a motion to accept the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

1. Release of a Road Opening Cash Bond for the Purpose of Connecting to the Water Line at 7 Marre Drive, Block 9, Lot 5 to Douglas Hines—$500.00

R-238-15

WHEREAS, the Engineering Department has received a request from Douglas Hines, for the release of a $500.00 cash road opening bond posted for purpose of connecting to the water line at 7 Marre Dr., Block 9 /Lot 5, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 2, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 7 Marre Dr., Block 9/Lot 5 within the Township Right of way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Douglas Hines, 7 Marre Dr., Randolph, NJ 07869.

2. Release of Road Opening Cash Bond for the Purpose of Sidewalk Repair and Replacing a Driveway at 36 Sparrow Rd. Block 112, Lot 88 to Kenneth Sperling—$500.00

R-239-15

WHEREAS, the Engineering Department has received a request from Kenneth Sperling, for the release of a $500.00 cash road opening bond posted for the purpose of sidewalk repair and replacing a driveway at 36 Sparrow Rd., Block 112 /Lot 88, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 17, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the sidewalk repair and the replacement of the driveway at 36 Sparrow Rd., Block 112/Lot 88, within the Township Right of way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Kenneth Sperling, 36 Sparrow Rd., Randolph, NJ 07869.

3. Refund Water Connection, Meter and MIU Fee for Connection to Public Water at 1376 Sussex Tpk., Block 47, Lot 11 to Richard Gantert—$2,385.00

R-240-15

WHEREAS, the Engineering Department has received a request from Richard Gantert for the refund of $2385 for the water connection, meter and MIU fees required to connect to public water at 1376 Sussex Tpke, Block 47 /Lot 11, Randolph; and

WHEREAS, the fees consisted of a $2385 check, which was received and deposited with the Finance Department on Aug. 4, 2015; and

WHEREAS, the Engineering Department has been advised that the well at 1376 Sussex Tpke, Bl. 47 Lot 11 has been repaired and the homeowner, Richard Gantert no longer wishes to connect to public water at this time.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the water connection, meter and MIU fee in the amount of $2385.00 be refunded to Richard Gantert, 51 McGregor Ave., Mount Arlington, NJ. 07856.

4. Release Remaining Escrow Funds for Project at 450 Quaker Church Road, Block 56, Lot 22.02 to David Trepiccione—$724.50

R-241-15

WHEREAS, the Planning and Zoning Department received escrow funds from Johanna and David Trepiccione 450 Quaker Church Road, Block 56 Lot 22.01, and in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $724.50 be refunded to Johanna and David Trepiccione, 450 Quaker Church Road, Randolph, NJ 07869.

5. Hazard Mitigation Plan Update

R-242-15

WHEREAS, Randolph Township has experienced natural hazards that result in public safety hazards and damage to private and public property; and

WHEREAS, the hazard mitigation planning process set forth by the State of New Jersey and the Federal Emergency Management Agency offers the opportunity to consider natural hazards and risks, and to identify mitigation actions to reduce future risk; and

WHEREAS, the New Jersey Office of Emergency Management is providing federal mitigation funds to support development of the mitigation plan; and

WHEREAS, a Hazard Mitigation Plan has been developed by the Mitigation Planning Committee;

WHEREAS the Morris County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update, dated July 2015, includes a prioritized list of mitigation actions including activities that, over time, will help minimize and reduce safety threats and damage to private and public property, and

WHEREAS the draft plan was provided to each participating jurisdiction and was posted on the County Office of Emergency Management’s website so as to introduce the planning concept and to solicit questions and comments; and to present the Plan and request comments, as required by law, and

NOW THEREFORE BE IT RESOLVED by the Mayor and Township Council of Randolph Township:

  1. The Morris County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update, as submitted to the New Jersey Office of Emergency Management and the Federal Emergency Management Agency in July 2015 by the Morris County Office of Emergency Management is hereby adopted as an official plan of the Randolph Township Hazard Mitigation Working Group; minor revisions recommended by the Federal Emergency Management Agency and/or the New Jersey Office of Emergency Management may be incorporated without further action.
  2. The Randolph Township departments identified in the Plan are hereby directed to pursue implementation of the recommended high priority activities that are assigned to their departments.
  3. Any action proposed by the Plan shall be subject to and contingent upon budget approval, if required, which shall be at the discretion of the Randolph Hazard Mitigation Working Group, and this resolution shall not be interpreted so as to mandate any such appropriations.
  4. The Emergency Management Coordinator is designated to coordinate with other offices and shall periodically report on the activities, accomplishments, and progress, and shall prepare an annual progress report to be submitted to the Morris County Office of Emergency Management. The status reports shall be submitted on a yearly basis by a predetermined date as agreed upon by all stakeholders.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council that Randolph adopts the Morris County, New Jersey Multi-Jurisdictional Multi- Hazard Mitigation Plan Update and resolves to execute the actions in the Plan.

6. Awarding a Contract for the Purchase and Installation of a Fully Functional Ground Speed Control System and Additional Parts from Reed Systems LTD—$33,757.86

R-244-15

WHEREAS, the Township of Randolph advertised for the Purchase & Installation of a Fully Functional Ground Speed Control System project in accordance with Local Public Contracts Law and received bids on September 11, 2015; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following and for the bid prices listed:

Reed Systems LTD
Ellenville, NY
A. Retrofit Vehicle 913: $15,177.00
B. Retrofit Vehicle 922: $9,826.00
Total (A + B): $25,003.00

Options—Additional Parts:

4 Port Sensor Junction Box 9': $207.58 each, quantity 1
4 Port Sensor Junction Box 20': $290.58 each, quantity 2
Auger Sensor Pigtail: $52.58 each, quantity 2
Flow Meter Sensor Pigtail: $71.23 each, quantity 2
3/4" Flow Meter: $437.87 each, quantity 6
Sensor with Cable for Flow Meters: $109.68 each, quantity 2
GPS Speed Sense Unit: $467.92 each, quantity 1
Electric Pre-Wet Amplifier: $371.03 each, quantity 3
Hydraulic Pig Tail M12 to Deutch Connector: $49.39 each, quantity 3
Hydraulic Pig Tail M12 to DIN Connector: $55.72 each, quantity 3
Automatic Electric Hydraulic Pressure Switch: $110.55 each, quantity 6
1/2" Filter Assembly (50 Mesh Screen): $10.40 each, quantity 10
3/4" Filter Assembly (50 Mesh Screen): $26.47 each, quantity 5
1/2" 5 PSI Brass Relief Valve: $24.11 each, quantity 15
5.0 GPM, 12 Volt Pump with High Pressure Shut Off: $227.48 each, quantity 6
Brass Nozzle Assembly for Spray Bar #8030: $12.97 each, quantity 20
Plastic Bulkhead 1/2" “T”: $15.00 each, quantity 6;
Total additional parts: $8,754.86; and

WHEREAS, the parts prices shall remain firm for one year from contract award date to allow the Township of Randolph to purchase additional parts as needed for any of its Fleet vehicles; and

WHEREAS, the Public Works Director and the Purchasing Agent recommend the award of the contract to Reed Systems LTD as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Purchase & Installation of a Fully Functional Ground Speed Control System and additional parts to Reed Systems LTD of Ellenville, NY.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Reed Systems LTD of Ellenville, NY for the Purchase & Installation of a Fully Functional Ground Speed Control System project for the total price of $33,757.86 ($25,003.00 (retrofitting) and $8,754.86 (options—additional parts)) per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 17, 2015

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 09-15, Purchase DPW Equipment, to award a contract to Reed Systems LTD for the purchase and installation of a ground control system and parts, per its response to a township bid request.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-968-305 (not to exceed $33,757.86)

7. Refund of Performance Cash Bonds for the Construction of the Access Driveway at 961 Route 10, Randolph Business Campus—$2,297.40 and $20,676.60 Plus Accrued Interest

R-245-15

WHEREAS, the Engineering Department received and deposited with the Finance Department Check No. 3544, in the amount of $2,297.40, on December 18, 2014 and Check No. 3578, in the amount of $20,676.60, on March 20, 2015, to serve as the cash performance bonds for the construction of the access driveway at 961 Route 10, Randolph Business Campus; and

WHEREAS, the access driveway has been inspected and found to be satisfactorily completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash performance bonds in the amount of $2,297.40 and $20,676.60, plus accrued interest, be refunded, as requested, to Randolph Business Campus, P.O. Box 636, Chester, NJ 07930.

8. Requesting the Approval of Items of Revenue and Appropriation for Bulletproof Vest Partnership Grant—$463.75

R-246-15

WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2015 in the sum of $463.75, which is now available from the FY 2015 US Department of Justice Bulletproof Vest Partnership Grant; and

BE IT FURTHER RESOLVED, that the like sum of $463.75 is hereby appropriated under the caption 2015 US Department of Justice Bulletproof Vest Partnership Grant; and

BE IT FURTHUR RESOLVED, that the sum of $463.75 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement, appears in the capital budget of the year 2015 captioned Ordinance #06-15—Purchase of Bulletproof Vests and is hereby appropriated as the town match for said purpose; and

BE IT FURTHER RESOLVED, that the above is the result of a federal grant of $463.75 from the US Department of Justice Bulletproof Vest Partnership Act Grant.

9. Awarding a Contract to Eastern Surplus & Equipment for Refurbishing of up to 4 Municipal Vehicles Over 15,000 lbs - GVWR—Rebid - $42,695

R-247-15

WHEREAS, the Township of Randolph advertised for the Refurbishing of up to 4 Municipal Vehicles over 15,000 lbs. GVWR-REBID project in accordance with Local Public Contracts Law and received bids on September 11, 2015; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bids was received from the following and for the bid prices listed:

Eastern Surplus & Equipment Co., Philadelphia, PA -
Vehicle A: $10,950,
Vehicle B: $19,750,
Vehicle C: $20,895,
Vehicle D: $10,850,
Total: $62,445; and

WHEREAS, the Public Works Director and the Purchasing Agent recommend the award of the contract to Eastern Surplus & Equipment Co. as the lowest responsive, responsible bidder; and

WHEREAS, the budget only allows for the refurbishing of Vehicles A, C, D; and

WHEREAS, the Township of Randolph desires to award a contract for the Refurbishing of up to 4 Municipal Vehicles over 15,000 lbs. GVWR-REBID to Eastern Surplus & Equipment Co. of Philadelphia, PA for the refurbishing of Vehicles A, C, D.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Eastern Surplus & Equipment Co. of Philadelphia, PA for the Refurbishing of up to 4 Municipal Vehicles over 15,000 lbs. GVWR-REBID project for the price of $42,695 for Vehicles A, C, D per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 17, 2015

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 09-15, Purchase DPW Equipment, and Ordinance 13-14, Purchase DPW Equipment, to award a contract to Eastern Surplus and Equipment Co. to refurbish three municipal vehicles, per its response to a township bid request.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-968-305 (not to exceed $22,695)
04-215-55-959-301 (not to exceed $20,000)

10. Social Affair Permit, Mendham Township Home and School Association, at Randolph Township Fire Co. #3, 670 Millbrook Ave., October 24, 2015 from 7 p.m. - 11 p.m.

E. UPCOMING EVENTS

  1. Parks Master Plan Public Meeting—September 21, 6:30 p.m. at the Community Center
  2. Clean Communities Day—September 26, 8:30 a.m. - 12:00 p.m. at the Municipal Building. Confidential shredding 9-12
  3. All You Can Eat Ham Dinner at Fire Company #2 on September 26, 4 p.m.
  4. Randolph/Roxbury Joint Chamber Meeting—September 30th from 5:30 to 7:30 p.m. at Roxbury PAC—Horseshoe Lake—Council RSVP to Jessica
  5. 8th Annual Randolph Country Fair at Municipal Building on Saturday, October 3rd—10:00 a.m. to 5:00 p.m.—Rain date October 4th
  6. Fire Company 4 Pancake Breakfast—Sunday, October 11 from 8:00 a.m. - 12:00 p.m.
  7. Bench Dedications—October 13: 6:00 p.m. for Mary Ranucci at Heistein Park and 6:45 p.m. for Vinceno “Enzo” Donato at Freedom Park (exact locations to be determined)
  8. Council Only—Career Fair sponsored by Economic Development Committee and Board of Education—Wednesday, October 14th from 7-9 a.m.
  9. 2015 Fall Historic Bus Tour on Saturday, October 17th at 2 p.m.—leaving Municipal Building
  10. Fire Prevention Open House—All Fire Stations, Saturday, October 17th—11:00 a.m. to 3:00 p.m.
  11. Fire Company 5—Casino Night—Saturday, October 24th at 7:00 p.m.

F. DISCUSSION ITEMS

1. Wildlife Feeding Ordinance

Manager Mountain explained that the Wildlife Management Committee has been hearing for the past year or two concerns from residents in a number of neighborhoods that individuals have been feeding wildlife, particularly deer, and drawing large amounts of deer to their neighborhoods. This is impacting traffic on the roads, bringing in other animals to the neighborhood, etc. The committee initially responded with an effort to educate the community via articles in the Randolph Quarterly, and a brochure was created and mailed to individuals that the township staff was informed about; this hasn’t curbed the feeding of the wildlife in some of the neighborhoods. The committee discussed the issue again this past summer, and as a result, they proposed that an ordinance be put forth to the Council for consideration. The Manager stated that Sue Grassmeyer, from the Wildlife Management Committee, was in attendance; she has spent much time researching this issue and has assembled information on what some of the neighboring towns have done with regard to feeding restrictions. The proposed ordinance is an amendment to the existing ordinance which currently covers the parks and Open Space, it expands the restriction to cover private property, and it adds an exemption to things such as bird feeders.

Deputy Mayor Hirniak stated that the fall Randolph Quarterly has a timely article on feeding wildlife, and it listed several line items that he felt were compelling towards a decision by the Council to consider actively passing an ordinance that continues the tradition of not feeding wildlife on public property, and carries it over to public property. Deputy Mayor told of parents of a new driver in Randolph speaking to the Wildlife Management Committee in recent months about their concern over letting their daughter drive in one of these neighborhoods where there is feeding of deer, causing the deer to be in large numbers on the streets during the nighttime hours. The Deputy Mayor felt it was a righteous ordinance, and explained there was a large amount of work done by the committee and Ed Buzak’s office to draft the ordinance; peer municipalities have similar ordinances.

Mayor Veech asked for public discussion.

Sue Grassmeyer of 22 Forrest Road provided a history of the issue. In 2009, a group of residents attended a Council meeting and asked for help with the overpopulation of deer. In January 2010, a sub-committee was appointed by the Randolph Parks and Recreation Department; three years ago, the Wildlife Management Committee was created. Each year during those six years, the need for an ordinance preventing the feeding of deer and other wildlife on private property has been discussed. Two years ago, the committee seriously looked into the possibility and contacted the communities that have an ordinance, Denville, Morris Township, Morris Plains, Bernardsville, Bernards Township, Harding, Mendham Township, Scotch Plains, Ramsey, Princeton, Millburn, Mendham, Florham Park, and Convent Station. Ms. Grassmeyer stated that she talked to the leaders of the wildlife committees and they all said that the ordinance had helped, and most said they no longer have a problem. Prior to bringing the idea to the Council, the Wildlife Management Committee tried to educate the public with the brochure, and Manager Mountain wrote to the people who are known deer feeders explaining the reasons why feeding is detrimental to the deer population as well as to the community. Ms. Grassmeyer showed photos of deer feeding. She stated that the members of the Wildlife Management Committee feel that it’s time to revise the current ordinance and include private property.

William Menzel of 122 Radtke Road stated that he supported Ms. Grassmeyer’s statements, and he requested that the Council enact an ordinance. He stated that he has lived in Randolph for 24 years, and only in the last two years has he seen bear and coyotes; Mr. Mendzel questioned if that was due to the feeding of wildlife. He asked if there was any action being taken about the bears.

Paul Urban of 12 Pinnacle Point stated he is the one whose daughter it was that Deputy Mayor Hirniak spoke about. He stated that there is still a large problem with deer in the neighborhood and streets.

Judith Stewart of 114 Everdale Road stated that her property backs to James Andrews Park, and she has a lot of wildlife in her yard. She explained that she composts in a garbage can, and sometimes the animals turn that over; however, she doesn’t feel that she’s feeding the animals. Ms. Stewart noted that the ordinance for fences limits the height to 4 feet; she felt the allowable height of fences should be higher in order to keep deer out of properties.

Jim McConnell of 45 Carrell Road asked who would be enforcing such an ordinance. He stated that the people feeding wildlife would have to be caught pouring the grain on the ground, and they could do it at night. Mr. McConnell stated that he felt it should be an ordinance, but he felt it would be very hard to enforce.

Sue Grassmeyer stated that other towns reported that as soon as a police officer appeared at the door with a warning, it was usually the end of it.

Emil Rush of 29 Forrest Road stated that he and his wife moved to Randolph 25 years ago, and one thing that really impressed them was the fact that the governing body never settled, it was always striving to improve services. Over the years, his flowers were getting more and more eaten. Years ago, when the state made changes to the laws regarding hunting on private property, Sue Grassmeyer asked him if he was interested in considering a hunt on his property. Mr. Rush stated that his son, Evan, bought the house next to him. Mr. Rush, his son Evan, and Evan’s neighbors who reside at number 25, allowed hunting on their properties. The first season, 27 deer were removed from the three homes; the second season 25 were removed, and the third season only 8 were taken and that was due to a very rough winter for the hunters. Mr. Rush stated that this season just started and already two deer have been removed. He stated that he knows that he has people feeding wildlife on both side of him, on Pinnacle Point and on Rickland. Mr. Rush added that this year was the first time a bear was seen on his property. The neighbors of the people feeding the deer are having to deal with mice, rats, bear, and ticks. Mr. Rush felt this was a serious situation which is enhanced by the feeders. He felt the township should be proud of creating the Wildlife Management Committee, and he commended the committee for doing a very good job of screening the hunters.

Evan Rush of 27 Forrest Road explained that there has been a steady stream of deer in his backyard coming down all season; the bait station behind his house goes off at 7 am each day and drops corn on the ground. When the deer come through, the hunters then shoot them.

Councilman Loveys asked Emil Rush if he’s relating the constant flow of deer to those people feeding deer. Mr. Rush said there is a direct correlation because the feeders are making the deer tame. Councilman Loveys stated that he has noticed more deer in his neighborhood also, but he doesn’t know of anyone feeding the deer in his area. He felt there had been a decrease about the second year of the hunt. Councilman Loveys explained that he’s always asking about the numbers from the hunt each year. He asked if the numbers were reported for last year. Sue Grassmeyer stated that she had the numbers. The Councilman asked if the hunting program is working; he asked if the numbers have increased since he thought there was a decrease. Ms. Grassmeyer explained that it happens, because the first year there are many deer. She stated that initially it was found that Randolph had 60-90 deer per square mile, and the ideal is 10 per square mile in a healthy environment. Ms. Grassmeyer provided the following statistics: in 2013, 600 deer were removed; the next season, 491 were removed; the next season, 471 were removed. Councilman Loveys asked Ms. Grassmeyer if the herd was growing. Ms. Grassmeyer stated that it is not, it is far below where it was when this started, but every year it grows about 35%. She clarified that Emil Rush did not put the feeder in his yard, the hunter put it there.

Mayor Veech asked for Council discussion.

Councilman Guadagno asked if, of the towns that Sue Grassmeyer had noted, there were any reports of how much the population of deer had decreased. He also asked why more municipalities didn’t have feeding ordinances if it was such an important subject. Ms. Grassmeyer stated that there are many more towns than what she reported, those are just the ones that were contacted. She explained that it is unknown if the populations had decreased because there has to be an official count. But if the problem is being reduced, and the residents are happy, then they don’t have an official count run by the state. Councilman Guadagno asked for hard numbers for those towns, and asked if there was less road kill. He asked for more solid figures. Ms. Grassmeyer said she would be glad to research it, but she had just called each town and asked about the ordinance. Councilman Guadagno asked what the group’s expectation was, and for more information on what their expected outcome would be. Ms. Grassmeyer stated that she knows the people love the deer and that’s why they feed them, but they have not been educated on how serious the problem is. The Councilman said he would like to know how serious the problem is and felt that nothing he has heard has proven to him that it is a serious problem. He wants to see statistics from the other towns she had mentioned. He asked if there was physical evidence from the other towns that the ordinance helped. Ms. Grassmeyer said there was no physical evidence; she could provide numbers, but they won’t apply because the size of the towns are different. Councilman Guadagno would like a ratio, the number of deer prior vs. the number of deer after the ordinance stopped the feeding of deer.

Emil Rush stated that the thing that concerns him about the feeding is a situation where a doe will not have a fawn if the food source has dried up. As the food gets better, the doe will have one fawn, and maybe even twins; what’s happening is with the feeders, the doe has ample food and will have more fawns. Mr. Rush felt it is a counterproductive cycle that will never see a reduction in numbers if the feeders continue. Councilman Guadagno asked him to clarify that what he was saying was, if the feeding is stopped, a drastic reduction in the deer population will be seen. Mr. Rush stated that it would help.

Councilman Napoliello asked what it was that the group was requesting from the Town Council. Emil Rush explained that they want the Council to pass the ordinance, he felt it was the right thing to do. Councilman Napoliello felt there was nothing wrong with passing such an ordinance.

Deputy Mayor Hirniak wondered if the discussion would be different if it were animals other than deer. He discussed the potential difference if residents were feeding raccoons or coyotes, and felt the discussion would end much more quickly. He stressed that this is not a deer ordinance, it is a wildlife feeding ordinance. It allows for the prohibition of feeding all wildlife.

Councilman Forstenhausler asked Deputy Mayor Hirniak for clarification if he had once reported that the Wildlife Management Committee had provided information that deer typically have one fawn, but in North Jersey they’re so well fed that they’ve been having two and the herd has been increasing drastically. Deputy Mayor Hirniak said they have been having three fawns, and in nature it is typically one.

Councilwoman Carey asked Manager Mountain what penalties are proposed in the draft ordinance. Keli Gallo stated that it falls under the general penalty ordinance which applies to all violations throughout the town, and it is ultimately up to the judge; there is a maximum and a minimum. Manager Mountain stated that if this were passed, they would like to use the warning powers of the police initially, but it could escalate to a fine if there were repeat offenses.

Councilman Loveys asked the group what the number of feeders was in their area. Sue Grassmeyer said she was unsure, but there were definitely two for which they had proof.

Councilman Napoliello asked how the ordinance would be enforced. Manager Mountain stated it is a challenging enforcement ordinance. If a resident had video or photo evidence it could be used, it would rely more on somebody calling it in and filing a complaint, like other public nuisance complaints.

Councilman Guadagno reiterated that it would require someone calling on a neighbor to enforce the ordinance. There was some discussion on the feeding of other wildlife, and the exception for birds. It was again reiterated that the ordinance pertains to the feeding of all wildlife, not just deer.

Manager Mountain explained that the intent for this meeting was to allow for the Council to discuss the draft ordinance, to see if there was consensus for it, and to determine if there was satisfaction with the way the ordinance is worded.

Councilman Guadagno felt that the ordinance would not make a difference in the deer population, and that it is difficult to enforce. However, he did like the fact that it pertained to all wildlife.

Councilman Forstenhausler asked if it was possible to add wording that the first offense would be a warning rather than leaving it to the discretion of the police. He also commented that there is a feeder in his neighborhood, and it does seem to make the deer herd cross properties to get to the feeder’s house.

Six of the seven Council members would like to move forward with the ordinance with wording added as to the first offense being a warning, and that it pertains to all wildlife.

G. OPEN TO THE PUBLIC

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

H. COUNCIL COMMENTS

Councilman Guadagno reported that there is a problem with accidents at Pleasant Hill Road and Park Avenue. He felt something needed to be done about the signage since people don’t seem to see the stop signs. Manager Mountain said it would be looked at and he would report back to the Council.

Councilman Napoliello reported that there is a sewer that dips at the corner of Pleasant Hill Road and Park Avenue. He felt that motorists that hit it would do damage to their tires. Manager Mountain said it would also be looked at.

Councilman Napoliello also reported that the Board of Health did not meet on September 14th due to the holiday; the next meeting is October 12th.

Councilman Forstenhausler reported that, as part of the infrastructure work group, he was involved with the retaining walls on Everdale. He reported that they are nearing completion, and he felt they looked very good. Mayor Veech asked who will now be responsible for maintaining the walls now that they are set back a little. Manager Mountain explained that they are still in the right of way, and the township will be maintaining them.

Councilwoman Carey reported that she and Councilman Forstenhausler attended the County’s 9/11 Memorial Service; it was a very nice service, with the names read of all 64 Morris County residents who perished. Councilman Forstenhausler added that Senator Bucco, Congressman Frelinghuysen, Assemblyman Bucco, and other dignitaries also attended.

Deputy Mayor Hirniak reported that he and Councilman Napoliello attended the Morris County League of Municipalities meeting at the Lake Hopatcong Yacht Club. Deputy Mayor Hirniak also reported that he attended the Randolph Chamber of Commerce luncheon at LaStrada.

I. 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 remaining portion of the meeting.

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

Affordable Housing Updates—Resolution #248-15
Habitat/EA Porter Memorandum of Understanding—Resolution #243-15
Westminster/Kushner Revised Settlement Agreement—Update
Personnel

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the Executive Session, the Council may reconvene in public session for the purpose of taking formal action.

Councilman Napoliello made a motion to move into Executive Session at 8:05 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Councilman Forstenhausler made a motion to close the Executive Session at 9:10 p.m. and re-open the meeting. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Councilman Guadagno made a motion to accept Resolution #243-15. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Authorizing the Execution of a Memorandum of Understanding By and Between the Township of Randolph and Morris Habitat for Humanity Regarding the Development of Block 195, Lot 10 for Affordable Housing

R-243-15

WHEREAS, the Township of Randolph (“Township”) is the owner of certain property formally known as Block 195, Lot 10 on the Official Tax Map of the Township of Randolph (“Property”); and

WHEREAS, Morris Habitat for Humanity (“Habitat”) is an organization which constructs and sells the type of housing which satisfy certain affordable housing obligations pursuant to the New Jersey Fair Housing Act; and

WHEREAS, the Township is desirous of donating the Property to Habitat after remediation of the Property and completion of certain improvements, as set forth in a certain Memorandum of Understanding by and between the Township and Habitat, for purposes of partially satisfying the Township’s affordable housing obligation; and

WHEREAS, Habitat is desirous of accepting a donation of the Property from the Township after remediation of the Property and completion of certain improvements, as set forth in a certain Memorandum of Understanding by and between the Township and Habitat, for the purpose of constructing approximately twenty-five (25) for sale units for twenty-five (25) households that qualify as very low, low and/or moderate income families in accordance with the provisions of the New Jersey Fair Housing Act; and

WHEREAS, Habitat and the Township previously entered into a Memorandum of Understanding dated July 2, 2009 and a First Supplement to Memorandum of Understanding dated July 6, 2012, both of which are replaced in their entirety by the Memorandum authorized by this resolution; and

WHEREAS, the Township desires to authorize the execution of a certain Memorandum of Understanding by and between the Township and Habitat in connection with the development of the Property for affordable housing.

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

  1. The Township hereby authorizes the execution of a certain Memorandum of Understanding (last revision date 091415) by and between the Township of Randolph and Morris Habitat for Humanity.
  2. The Memorandum of Understanding dated July 2, 2009 and a First Supplement to Memorandum of Understanding dated July 6, 2012, are both replaced in their entirety by the Memorandum authorized by this resolution.
  3. The Mayor and Township Attorney are hereby authorized to review and approve any minor, non-substantive changes in the Memorandum that may result from further review prior to final execution thereof.
  4. The Mayor and Township Clerk, together with all other officers, professionals and employees of the Township are hereby authorized and directed to execute the Memorandum of Understanding and to take any and all steps necessary to effectuate the purposes of this Resolution.
  5. This Resolution shall take effect immediately.

Councilman Guadagno made a motion to accept Resolution #248-15. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Affordable Housing Updates

R-248-15

WHEREAS, the Township Council of the Township of Randolph entered into the Municipal Shared Services Defense Agreement (“MSSDA”) for the purpose as set forth therein, which included retaining a common expert in the Declaratory Judgment action (“Litigation”) that was filed in accordance with In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (“Decision”); and

WHEREAS, the MSSDA identified Dr. Robert Burchell, a distinguished professor at Rutgers University, as the expert to be retained; and

WHEREAS, Dr. Burchell became ill and has been unable to complete the obligations under the Research Agreement as set forth in the MSSDA; and

WHEREAS, as a result, Rutgers University has exercised its right to terminate the Research Agreement as permitted under its terms; and

WHEREAS, the MSSDA requires modification to allow the members to retain one or more alternative experts, consultants and/or other professionals for the Litigation; and

WHEREAS, an Amendment to the MSSDA (“Amendment”) has been prepared to effectuate the modification; an

WHEREAS, the Township Council of the Township of Randolph recognizes that the Litigation requires immediate action and may require further expedited actions by its counsel determined to be necessary and appropriate; and

WHEREAS, the Township Council of the Township of Randolph has determined that it is in the best interests of the citizens of the Township of Randolph to approve the Amendment, and/or to affirm and ratify the Amendment, and to authorize their designated counsel to take actions on behalf of the municipality with regard to the multiplicity of issues raised and associated with the continued implementation of the MSSDA;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Randolph, as follows:

  1. The terms and conditions of the Amendment to MSSDA attached hereto are hereby approved, and/or ratified and confirmed.
  2. The Mayor and Township Clerk be and are hereby authorized to execute the aforesaid Amendment.
  3. The Township Council of the Township of Randolph hereby authorizes Jeffrey R. Surenian, Esq., to execute an agreement on behalf of the Township with Econsult Solutions, Inc.

    The Township Council of the Township of Randolph hereby authorizes Jeffrey R. Surenian, Esq., to execute on behalf of the Township of Randolph such other agreement(s) as are advisable to effectuate the purposes of the MSSDA as amended.
  4. The Township Council of the Township of Randolph further authorizes its designated counsel to approve such other changes to the MSSDA as may be necessary to effectuate its purposes, and to take action on behalf of the municipality with regard to the multiplicity of issues raised and associated with the implementation of the MSSDA provided that the action will not require the municipality to appropriate and commit any additional funding for the MSSDA.

    In the event such changes and actions require the municipality to appropriate and commit any additional funding for the MSSDA, Township of Randolph shall only be responsible for such funding if it authorizes same.
  5. If additional monies are needed to effectuate the intent and purpose of the MSSDA, no such services shall be authorized by designated counsel without further action from the Township.
  6. This Resolution shall take effect immediately.

J. ADJOURNMENT

Councilman Loveys made a motion to adjourn the meeting at 9:15 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None