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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
October 12, 2004
Mayor Pierson called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL
CALL
Present:
Mayor Pierson, Mr. Schrier (arrived at
8:55 pm
),
Mr.
D’Emidio, Mr. Krieg
Absent:
Mr. Phelan
Also Present: Roger S. Clapp,
Esq., Township Attorney
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Pierson read the following
statement:
STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on
January 15, 2004
; Notice was posted on the bulletin board in Township Offices and Notice was
filed with the Clerk on
January 15, 2004
.”
APPROVAL OF MINUTES –
September 28, 2004
– Mr. D’Emidio made a motion to approve
these minutes with the correction of two typographical errors; Mr. Krieg
seconded the motion. ROLL CALL –
All present voted YES.
OLD BUSINESS
1. Ordinance
18-2004 – First
Reading
and Public Hearing
BOND ORDINANCE
PROVIDING A SUPPLEMENTAL APPROPRIATION OF $130,000 FOR PRELIMINARY PLANNING AND
DESIGN OF THE BROOKSIDE FIREHOUSE AND MUNICIPAL COMPLEX SITE PLAN IN AND BY THE
TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AND AUTHORIZING THE
ISSUANCE OF $123,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART
OF THE APPROPRIATION.
Mr. D’Emidio emphasized that the adoption
of this ordinance appropriates the funding for future expenditure.
Upon motion duly made and seconded the
meeting was opened to the public. No
one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
It was determined that four voting members
would be needed and, with Mr. Schrier expected later in the meeting, a vote
would be called for at that time.
2. Ordinance
19-2004 – Second
Reading
and Public Hearing
ORDINANCE APPROVING RELOCATION OF DRAINAGE
EASEMENT ON BLOCK 100, LOT 34.04 IN THE
TOWNSHIP
OF
MENDHAM
Upon motion duly made and seconded the
meeting was opened to the public. No
one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
Mr. D’Emidio made a motion to adopt
Ordinance 19-2004; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
HEARING PERSONS PRESENT
Frank Mulcahy, 7 Knollwood Trail East:
referenced a proposed ordinance to regulate noise associated with
landscaping. He suggested a
timeframe of
8am-7pm
on weekdays,
8am-4pm
on Saturdays and
9am-3pm
on Sundays with homeowners only on Sundays.
Marian Koste,
92 Ironia Road
: said there are a number of
homeowners in her area who have large landscaping equipment associated with
businesses and she would like those situations included in the proposed
regulations.
There being no others present who asked to
be heard, upon motion duly made and
seconded the meeting was closed to the public.
NEW BUSINESS
1. Discussion
of proposed ordinance/Landscaping Noise Regulations:
Mayor Pierson said the Committee had considered this type of ordinance in
the past and the idea has been viewed as controversial.
He asked Mr. Clapp to review the draft ordinance he prepared.
Mr. Clapp said the draft ordinance regulates
activities including construction, repair, alteration and landscaping and
includes the use of any power equipment during permissible hours.
He asked the Committee to comment on “reasonable” hours.
Mr. D’Emidio said that two weeks ago he
was against considering any regulation of neighborly behavior, but he can
support what Mr. Clapp has offered. He
said the proposed ordinance does not address the noise associated with diesel
trucks running at length early in the morning.
Mr. Clapp indicated that there are DOT regulations about idling motors.
Mr. D’Emidio said the industry standard for starting times for
construction jobs is
7:00 am
.
Mr. Krieg said it is unfortunate that some
will be penalized for the actions of a few.
He said he understands where the Mulcahys are coming from and he would
support a later start time on Saturdays and Sundays.
Mayor Pierson asked Mr. Clapp about the
proposed ordinance being silent regarding the right-to-farm ordinance.
He suggested that be referenced in the proposed ordinance.
He also suggested adding wood chipper to the list of power equipment
referenced in the ordinance.
Mr. D’Emidio asked who the enforcing
agency would be for this ordinance. Mr.
Clapp replied that anyone could register a complaint.
The Committee agreed to schedule the
introduction of the ordinance at the next meeting.
2. Discussion
of Request of Waiver of Conservation Easement. Richard Traynor, Attorney for Mr.
and Mrs. Keegan, owners of the subject property, reviewed this request noting
that the property was part of a subdivision in 2000 which required a 50’
conservation easement along the front of the property.
His clients have spent a substantial amount of money landscaping the
property which is being devastated by deer.
They would like to put up a deer fence around the property, including
through the conservation easement. The
ordinance requires permission from the governing body for any structure in a
conservation easement. Mayor Pierson
said that
Mendham
Township
puts a lot of funding into open space and he asked why the fence could not be
placed in the setback beyond the conservation easement.
Mr. Keegan, the property owner, said that they would like to use a
decorative fencing along the property frontage and deer fencing for the
remainder. Mr. D’Emidio said that
when the subdivision was approved the roadside conservation easement was to
protect the trees and he agreed with Mayor Pierson that the fence could be
placed in the setback beyond the easement. Mr.
Krieg also agreed. Mr. Keegan said
that would not be appealing. There
were suggestions about following the driveway lines and/or jogging just slightly
into the easement and back into the setback.
Mr. Traynor pointed out that language in the easement indicates that
improvements would be allowed with permission of the governing body.
He said the proposed fence would harm no trees and be esthetically
pleasing if placed where proposed. Mayor
Pierson said in defense of open space he would deny this request.
He also noted that his neighbor has a deer fence that is not in a
straight line but jogs around trees. Mr.
Keegan said he feels it would be more pleasing to place the fence in a line
where proposed rather than jog around trees.
Mr. D’Emidio suggested putting off any decision until the members of
the Committee have an opportunity to visit the property.
Mr. Keegan gave the governing body permission to walk the easement.
3. Discussion
of correspondence from
Brookside
Community
Church
. This addresses concerns of
residents of
Ward Drive
relating to drainage issues. Mayor
Pierson said in the past the Township has allowed people to purchase asphalt at
the Township cost for repairs to private roads.
Mr. Mountain suggested starting with an offer of a meeting with the
Township Engineer to assess tying
Ward Drive
into existing storm drains if possible. He
said a secondary concern is to look at drainage from properties above
Ward Drive
, but that would be a costly project. Mayor
Pierson said no one owns
Ward Drive
and the Township should do what it can to help the residents.
He agreed that a meeting should be arranged with the property owners and
Township personnel. He also
suggested that going forward, monitoring should be in place for runoff from
mounded septic systems. He also
asked the Committee to approve waiving fees for upcoming construction by the
Church. All present agreed to waive
the fees.
George McKinnell asked that Denis and Lynda
Menton be included in the meeting about
Ward Drive
.
4. Resolution R2004-115
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING TRANSFER OF ESCROW FUNDS TO THE
TOWNSHIP RESERVE FOR ROAD
IMPROVEMENTS
WHEREAS, a Performance Bond was furnished to the
Township in connection with the Blumberg Subdivision; and
WHEREAS, $13,492.50 remains in escrow for
improvements to
Kensington Court
; and
WHEREAS, the Township Engineer has determined that
the Township should retain the $13,492.50 for future road improvements that may
be necessary as a result of various repairs that were not completed by the
developer.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, that the escrow account in the amount of $13,492.50 be transferred to the
Township
of
Mendham Reserve
for Road Improvements.
Mr. Mountain indicated that the funds
transferred to the Township by this Resolution would be used to take care of any
repairs to
Kensington Court
and once that is done the balance may be used for other road improvements in
the Township.
Mr. D’Emidio noted that any damage
occurring to
Kensington Court
due to current construction of an adjacent subdivision would be the
responsibility of that developer.
Mr. D’Emidio made a motion to adopt
R2004-115; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
5. Resolution
R2004-116
R2004-116
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING INTER-GOVERNMENTAL COOPERATION AGREEMENT WITH THE TEN TOWNS GREAT
SWAMP COMMITTEE
WHEREAS, the
Township
of
Mendham
has been an active member of the Ten Towns Great Swamp Watershed Management
Committee; and
WHEREAS, the Ten Towns Inter Governmental
Cooperative Agreement was formalized in 1997 and revisions to the Agreement have
been reviewed and approved by the committee.
WHEREAS, the Agreement, as amended, will be in
effect for a term of five years, beginning
January 1, 2005
.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, to authorize the Mayor to sign the Ten Towns Great Swamp Watershed Inter
Governmental Cooperative Agreement II on behalf of the
Township
of
Mendham
.
Mr. Krieg made a motion to adopt R2004-116;
Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING DISCUSSION WITHOUT THE
PRESENCE OF THE PUBLIC
WHEREAS, it is deemed appropriate that the Township
Committee discuss the matters hereafter mentioned without the presence of the
public in accordance with the provisions of R.S. 10:412b, being section 7b of
the Open Public Meetings Act.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
Matters relating to:
[X]
personnel
[X] contract negotiations
[X]
acquisition of property
[X] litigation
[X]
attorney/client privilege
shall be discussed by the Township Committee
without the presence of the public. It
is anticipated that these matters can be disclosed to the public when further
action is taken in connection with the discussion.
Mr. D’Emidio made a motion to adopt
R2004-117; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
ADMINISTRATOR REPORT
1. Mr.
Mountain said the Recreation Commission has included the development of a
jogging trail within the Tempe Wick Reserve in their 2005 capital budget
request. He said the Recreation
Commission has someone to act as a project coordinator and anticipates raising
50% of the funding with the Township being asked to fund 50%.
Mayor Pierson suggested they coordinate with Mr. Rhodes and Mrs. Link of
the Environmental Commission regarding the type of materials used.
Mr. D’Emdio said there are Green Acres and wetland issues and suggested
people use the track at the High School. These
suggestions will be taken back to the Recreation Commission.
2. Mr.
Mountain reported that he asked the Recreation Commission for comments on the
proposed India Brook field project and the chairman feels there is a greater
need for soccer fields than for baseball. Mr.
Mountain is waiting for additional information.
3. Mr.
Mountain followed up on Mayor Pierson’s discussion with Janet Richards of the
Board of Education regarding opportunities for joint services between the
Township and the Board of Education. It
was agreed that Mayor Pierson, Mr. D’Emidio and Mr. Mountain would begin
working together with Board of Education members and perhaps interested citizens
to look into possible sharing of some services.
4. Mr.
Mountain reported that 175+ runners participated in the Run for Patriots Race
with the Library of the Mendhams and the local fire departments as the
beneficiaries. He said this race has
the potential to become a good fundraiser for the community.
He acknowledged Mark Ford for his work in organizing the event.
Mayor Pierson noted that the New Jersey
Supreme Court would be hearing the Township’s case tomorrow.
(Mr. Schrier arrived at this point in the
meeting)
Mayor Pierson acknowledged the good work by
the Township Police Department in capturing the “flasher.”
Mr. D’Emidio asked for clarification of
why the Township is paying extra for bridge work done in conjunction with the
County project on
E. Main Street
. Mr. Mountain explained that the
drainage improvements would have been part of a State Aid project and the County
went beyond what they originally scheduled.
Mr. D’Emidio also asked when the lines were going to be painted on
Cold Hill Road
. Mr. Mountain replied that Mr. Read
has been calling the responsible firm on a daily basis and he is ready to call
someone else to get the job completed.
OPEN ITEMS LIST
The Open Items List was reviewed and
updated.
CORRESPONDENCE
1.
Mendham
Township
First Aid Squad Quarterly Report
2.
NJDCA/OHA Grant Program
3.
NJ Dept of Law & Public Safety Delinquency Prevention Training
4.
Morris Tomorrow Visioning Session
5.
PSE&G One Call Law
6.
NJDEP Payment In-Lieu-Of Tax for 2005
Mayor Pierson asked that a letter from Mr.
O’Connor regarding
20 Mt. Pleasant Road
be passed on to the Construction Official.
Mr. Schrier suggested that the information
about the One Call law be included in the next newsletter.
With Mr. Schrier in attendance, a vote was
called to adopt Ordinance 18-2004 that was the subject of a public hearing
earlier in the meeting.
BOND ORDINANCE
PROVIDING A SUPPLEMENTAL APPROPRIATION OF $130,000 FOR PRELIMINARY PLANNING AND
DESIGN OF THE BROOKSIDE FIREHOUSE AND MUNICIPAL COMPLEX SITE PLAN IN AND BY THE
TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AND AUTHORIZING THE
ISSUANCE OF $123,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART
OF THE APPROPRIATION.
Mr. D’Emidio made a motion to adopt
Ordinance 18-2004; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
APPROVAL OF BILL LIST
The Township Committee approved the charges
listed by department which list is attached hereto and made a part hereof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the
meeting was opened to the public.
Marian Koste,
Ironia Road
: said progress is being made in
dealing with the water problems at her property and she received a detailed
report from Morris County Soil Conservation.
She thanked the Committee and Mr. Mountain for their assistance with the
matter.
Pat Zimmerman,
4 West Main Street
: noted that former resident Peter
Dinklage was the subject of a theatrical review in the New York Times.
Diane Weeks,
22 West Main Street
: asked for a copy of the order
requiring the reassessment of properties within the Township.
There being no others present who asked to
be heard, upon motion duly made and seconded the meeting was closed to the
public.
Upon motion duly made and seconded the
Committee went into closed session at
9:25 p.m.
Topics of discussion included
possible acquisition of property; the future lease of an apartment at India
Brook Park; the status of PBA Negotiations; Police personnel matters and the
status of the police consolidation matter.
Upon motion duly made and seconded the
Committee returned to open session at
10:12 p.m.
There being no more matters to come before
Committee, upon motion duly made and seconded the meeting adjourned at
10:12 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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