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MINUTES –
MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
November 10, 2003
Mayor Pierson called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Pierson, Mr. Phelan, Mr. Schrier (arrived
at
8:36
), Mr. D’Emidio, Mr. Krieg
Absent:
No One
Also Present:
Roger S. Clapp, Esq., Township Attorney
Steven
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Pierson read the following statements:
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 16, 2003; Notice was posted
on the bulletin board in Township Offices and Notice was filed with the Clerk on
January 16, 2003.”
STATEMENT OF EMERGENCY EVACUATION PROCEDURE: “In
case of an emergency requiring the evacuation of this room there are two
emergency exit doors along the side that you entered. In the foyer you may then
either exit down the open stairwell to the exterior or enter the enclosed
stairwell and exit at the bottom. Then please move away from the building until
instructed that it is safe to re-enter.”
Mayor Pierson asked about the status of the final
inspections for the upgrades to the emergency exit signs and doors. Mr. Mountain
said that Mr. Betz is reviewing the paperwork prior to performing the final
inspections.
APPROVAL OF MINUTES –
October 14, 2003
– Mr. Krieg made a motion to approve these
as written; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted
YES.
October 28, 2003
– Mr. D’Emidio made a motion to approve
these with a correction to the item regarding the discussion about the septic
needs for the municipal site. It should be noted that any site work would not
have to wait until the library relocation is settled; Mr. Krieg seconded the
motion. ROLL CALL – All present voted YES.
OLD BUSINESS
1. Ordinance 22-2003 – Second
Reading
and Public Hearing
bond ordinance
providing a supplemental appropriation of $35,000 for additional preliminary
planning and design work for the mendham east sewer plant in and by the township
of mendham, in the county of morris, new jersey and authorizing the issuance of
$33,250 bonds or notes of the township for financing part of the appropriation
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. Krieg made a motion to adopt Ordinance 22-2003; Mr.
D’Emidio seconded the motion.
ROLL CALL – Mr. D’Emidio, Mr. Krieg, Mr. Phelan and
Mayor Pierson voted YES.
2. Ordinance 23-2003 – Second
Reading
and Public Hearing
bond ordinance
providing a supplemental appropriation of $55,000 for improvement of the water
system in and by the
township
of
mendham
, in the
county
of
morris
, new
jersey
and authorizing the issuance of $52,500
bonds or notes of the township for financing part of the appropriation
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 23-2003;
Mr. Krieg seconded the motion.
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 24-2003;
Mr. Krieg seconded the motion.
HEARING PERSONS PRESENT
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.
NEW BUSINESS
1. Presentation by Open Space Committee – Buttermilk
Falls Economic Study - Brian Boden reviewed the Economic Study saying that the
committee challenged assumptions and went back to basics by looking at other
studies and the economic advantage of preserving open space vs development. He
said they chose
Buttermilk
Falls
as a model because of the data available regarding the initial plans for
development of that area. Mr. Boden reported that the New Jersey Department of
Environmental Protection has asked for copies of the study. Mayor Pierson
commented that the Township may want to decide whether to publish the study
prior to its going to the DEP, suggesting that the New Jersey League of
Municipalities magazine might be interested in publishing the study. Mr. Krieg
thanked both Mr. Boden and Mr. Mountain for their work on the study and asked if
the school referendum costs were factored in to the cost analysis. Mr.
D’Emidio said that to be fair the tax rate used has to change to reflect the
increase in school costs. Mr. Boden said the study was intentionally “hard”
on the open space side. Mayor Pierson said with the suggested updates, this
study might be interesting to many municipalities as
Mendham
Township
is developing a reputation as good stewards of their land. Mr. D’Emidio
suggested looking at the Brookrace subdivision with the value of its 315 acres
of open space as compared to the Drakewick and Mountainview subdivisions as only
development.
2. Resolution R2003-108
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:
[ ]
personnel
[ ] contract negotiations
[x] acquisition
of property [
] 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. Phelan made a motion to adopt R2003-108; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
3. Resolution R2003-109
resolution of the
township committee of the
township
of
mendham
, in the
county
of
morris
, new
jersey
, awarding a contract for installation of
underground fire tank
WHEREAS, pursuant to the provisions of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 and following, the Township of Mendham, publicly
advertised for sealed bids for a contract for the installation of an underground
fire tank on Carriage Hill Drive; and
WHEREAS, four bids were submitted on
November 6, 2003
, namely,
Bidder
Amount
T. Slack Environmental Services, Inc.
$71,000.00
Aurora Environmental, Inc.
$79,450.00
Brocon Petroleum
$79,620.00
Iron Hills Construction Co., Inc.
$121,578.00
WHEREAS, the Township Engineer has reviewed the bids received and has
recommended the award of a contract to T. Slack Environmental, Inc. on the basis
of its bid in the amount of $71,000.00; and
WHEREAS, the Chief Financial Officer, being the Township official in
charge of maintaining the financial records of the Township, has issued a
certificate designating the appropriation to which the contract will be properly
charged and stating that adequate funds area available under said appropriation
for payment of the contract price, and a copy of said certificate is attached
hereto and made a part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
A contract is hereby awarded to T. Slack Environmental Services,
Inc. for the installation of an underground fire tank on
Carriage Hill Drive
in the amount of $71,000.00.
2.
The Mayor is hereby authorized and directed to execute a contract
in the form provided in the contract bidding documents between the Township and
T. Slack Environmental, Inc. and the Township Clerk is hereby authorized and
directed to attest such contract and to affix the municipal seal thereto, and
when so executed and attested the contract shall be a valid and legally binding
obligation of the Township in accordance with the terms thereof, and the proper
officials of the Township are hereby authorized and directed to perform any and
all acts necessary to carry out such agreement.
3.
Payment by the Township to T. Slack Environmental, Inc. pursuant
to the contract authorized by the Resolution shall be made from the following
appropriations:
ORDINANCE 5-2002
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVMENTS OF
THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE
AGGREGATE AMOUNT OF $679,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $595,550
BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF
As amended by
ORDINANCE 10-2002
BOND ORDINANCE AMENDING IN ITS ENTIRETY BOND ORDINANCE
5-2002 OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, FINALLY ADOPTED
APRIL 23, 2002
As amended by
ORDINANCE 23-2003
BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF
$55,000 FOR IMPROVEMENT OF THE WATER SYSTEM IN AND BY THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
AND AUTHORIZING THE ISSUANCE OF $52,250 BONDS OR NOTES OF THE TOWNSHIP FOR
FINANCING PART OF THE APPROPRIATION
4.
A certified copy of this Resolution shall be forwarded by the
Township Clerk to T. Slack Environmental, Inc.
5.
This Resolution shall take effect upon adoption.
Mr. Phelan made a motion to adopt R2003-109; Mr. D’Emidio
seconded the motion.
ROLL CALL – All present voted YES.
4. The draft ordinance for the establishment of a fire lane
off
Hilltop Circle
will be held pending further discussion with Mr. Betz.
Mr. Phelan said that an issue, from the residents
perspective, is that once established, what prevents something else from
happening to the lane, for example, future development of the school, etc. Mr.
Mountain reported that the Board of Education has discussed the issue at two
meetings, with no formal action taken regarding the use of the fire lane. He
said that on an informal basis the Board was not in favor of a permanent
restriction but would consider a restriction with a 5 – 10 year time frame.
Mayor Pierson said that he hopes the Board would take the Knollwood Trail area
access into consideration. Mr. Phelan asked if fire apparatus could access the
school property and the hydrant that is there through the existing path and
Mayor Pierson replied that if crushed stone were put down that would be
possible. There was also some discussion about a no parking ordinance for the
area of
Hilltop Circle
where the proposed fire lane would exit onto
Hilltop Circle
. There was some concern expressed because a no parking area would limit
residents and their guests from parking in front of their homes.
5. Discussion of Standardized Breathing Apparatus for the
Mendham Township Fire Department – Mr. Phelan noted non-standardized apparatus
has been used in the Township for years with
Brookside
using Scott and Ralston using MSA. Mendham Borough uses Scott and Mr. Phelan
suggested a common manufacturer and design would be a better utilization of
assets and minimize serious liability. The Committee agreed it would to have Mr.
Phelan and Mr. Mountain determine the number of units needed and not purchase
any more units until this issue is resolved. There was also some discussion
regarding the Brookside Firehouse size and location and the impact upon the
municipal complex septic fields.
6. Update – Township Emergency Communications Study –
Mr. Mountain said that the consultant will come in to give a presentation to the
Township Committee, and he gave a brief overview of the findings to date. He
said the consultant looked at a range of options for dealing with the
communications issue including an unreachable solution of multiple towers. The
discussion included a series of locations of towers including modifications to
the existing tower on
Horizon Drive
and also the concept of contracting with the Morris County Sheriff’s
Department. (Mr. Schrier arrived during this discussion) Mayor Pierson said he
would like to go to the next step and ask the consultants to address the need
for high band frequencies. Mr. Krieg asked about a repeater at the Schiff
property. Mr. Phelan said the only antenna is on
Horizon Drive
. He would ask the consultant to look at a single tower location. Mr. Mountain
will ask the consultant for a proposal to contain incremental information to
present to the Township Committee. Mr. Schrier said a move forward with the
County would help the County to focus on their plans and he doesn’t anticipate
rejection by the County. Mayor Pierson said he doesn’t understand why the
Sheriff has been less than enthusiastic about this issue.
7. Interlocal Agreement – Township-Borough Library –
Mr. Mountain referred to a copy of the agreement marked with changes made by the
Borough. Mr. Krieg outlined some of the changes relating to the source of
funding from the Borough and timing of the project, as the Borough may not
obtain funds from the sale of their library until the new library is completed.
The Committee feels that how the Borough get their funds should not have to be
part of the agreement. Mr. Krieg will speak with Mr. Henry (Borough rep to the
Library Board).
8. Mayor Pierson reported the administration committee met
with Mr. Leone about his proposal and after one more meeting, will report back
with recommendations to the Township Committee.
9. Rob Kumpf was recognized as a new member of Brookside
Engine Company No. 1.
ADMINISTRATOR REPORT
3. Mr. Mountain said some points in the recent
communication from COAH need clarification and he suggested requesting
commentary from the Township Planner in the context of his association with the
Planning Board. The Committee agreed.
4. Mr. Mountain reported that he and the Borough
Administrator have begun to look at the draft of the Police Consolidation Study
and will soon be in a position to set up a joint public safety meeting to review
the draft. Once that has been done the draft will be distributed to the
governing bodies. He suggested Mayor Pierson contact Mayor Kraft to eliminate
any inconsistency in the handling of the distribution of the draft.
Mayor Pierson reported that
Mendham
Township
was informed that FEMA is out of funds and would not grant funds. He spoke with
Congressman Frelinghuysen who will follow-up.
Mayor Pierson said a model steep slope ordinance generated
by the Great Swamp Watershed Association would be presented to the Planning
Board.
Mayor Pierson will be hosting the inaugural meeting of the
Upper Raritan Watershed Compact at Township Hall on
December 4, 2003
at
4:30 p.m.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Ten Towns GSWMC / Steep Slope Model Ordinance
2.
Morris Tomorrow /
Upper
Raritan
River
Compact
3.
COAH / Third Round Rules
4.
NJDOT / Municipal Aid funding for
Cold Hill Road
5.
County
of
Morris
/ Circulation Element Public Meeting
LEGISLATIVE REPORT
Mayor Pierson offered the following resolution:
R2003-110
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY IN SUPPORT OF SENATE BILL S-838
WHICH WOULD PROHIBIT PUNITIVE DAMAGE AWARDS AGAINST MUNICIPALITIES AND MUNICIPAL
EMPLOYEES ACTING WITHIN THE SCOPE OF AUTHORITY
WHEREAS, Senate Bill S-838 has been introduced for the purpose, in part,
of prohibiting awards of punitive damages against municipalities and municipal
employees acting within the scope of their authority; and
WHEREAS, the Township Committee has concerns regarding the issue of
awards of punitive damages against municipalities and their employees and the
potential negative impact on municipal revenues as well as the taxpayers.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
, as follows:
1.
The
Township
of
Mendham
supports the passage of Senate Bill S-838 amending the New Jersey Tort Claims
Act, for the reasons set forth herein and urges all municipalities of the State
to resolve to support passage of said legislation.
2.
The Township Clerk is hereby authorized and directed to forward
certified copies of this Resolution to the Governing Bodies of each municipality
in the
County
of
Morris
, the members of the Morris County Legislative Delegation, the New Jersey State
League of Municipalities and to the Governor of the State of
New Jersey
.
3.
This resolution shall take effect immediately upon adoption.
Mr. Schrier made a motion to adopt R2003-110; Mr. Krieg
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,
92 Ironia Road
, offered congratulations to Mayor Pierson and Mr. Schrier upon their
re-election and apologized for not attending recent meetings. She thanked
everyone for helping her with some issues over the last few years, noting the
many changes that have taken place in the Township. She said she and her husband
are possibly looking to relocate and have looked into the farmland preservation
program but the prices are astronomical. She would like to continue to
participate in the Community Development Program and in any other way.
Police Chief Costanza reported on a recent incident in the
Township where a bear was trapped and euthanized by Fish & Game. He also
reported on the hunting program within Township parks noting that the program is
starting to make an impact in both the Cold Hill Preserve and the Tempe Wick
Reserve.
There being no others present who wished 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
9:41 p.m.
Discussions included the India Brook rental properties, the
Nesbitt Mill acquisition, attorney-client matters and a personnel matter.
Upon motion duly made and seconded the Committee returned
to open session at
10:10 p.m.
There being no further matters to come before the Committee, upon motion duly
made and seconded the meeting adjourned at
10:10 p.m
Respectfully submitted:
Penny Newell, Township Clerk
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