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MINUTES –
MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
November 23, 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. Phelan,
Mr. D’Emidio, Mr. Krieg
Absent:
Mr. Schrier
Also Present:
Tom Sateary, Esq. for
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 –
November 8, 2004
– Mr. Krieg made a motion
to approve these minutes as written; Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
- No Old Business
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 – Revised Historic Preservation Ordinance.
Present for HPC: Ray Nadaskay,
Tim Timpson and Tracey Kinsel. Mayor
Pierson gave a brief overview of the process to date noting that an earlier
version of this ordinance had been discussed and the Township Committee asked
the HPC to simplify that earlier draft.
Mr. Nadaskay said that since
the establishment of the various historic districts within the Township, some
historic buildings have been lost to developers.
The HPC sees this ordinance as a way of advising homeowners prior to
changes and especially prior to a demolition permit being issued.
They also looked for a way to limit the number of structures affected by
the ordinance. He noted that
approximately 20% of the structures within the Township are contributing to a
historic district. Mr. Timpson
quoted from a recent NY Times article about historic structures in
New Providence
,
NJ
. Mr.
D’Emidio said he is familiar with the requirements and thinks it would be
appropriate to send this version back to the Planning Board.
Mr. Krieg asked about the reason for the 1-year period of time for the
HPC to review a request for a demolition permit for a historic structure.
Mr. Nadaskay said the 1-year delay would act as a deterrent to
developers. Mr. Phelan asked for the
pros and cons of delaying the introduction of the ordinance by sending it back
to the Planning Board. Mr. Krieg
asked if this revision would satisfy the Planning Board.
Mayor Pierson said it would not satisfy all members, however, it is his
opinion that the Planning Board has sufficiently addressed the ordinance and he
asked for a motion to adopt the ordinance upon first reading.
The ordinance will be sent to the Planning Board for final review on
December 6th and the Township Committee will schedule the ordinance
for final adoption on December 13TH.
Mr. Krieg made a motion to
adopt Ordinance 22-2004 upon first reading with second reading and public
hearing scheduled for
December 13, 2004
; Mr. D’Emidio seconded the motion.
ROLL CALL – All present
voted YES.
A copy of Ordinance 22-2004
is attached hereto and made a part hereof.
2.
Resolution R2004-127
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS
OF NJSA 40A:4-58
WHEREAS,
there appears to be insufficient funds in the following 2004
appropriations to meet the
demands thereon for the balance of the year:
TO: Police
SW
Streets and Roads
SW
Gasoline
OE
Engineering
OE
Data Processing
OE
Social Security
OE
LOSAP
OE
Mayor and Committee
SW
Administration
SW
Legal
SW
Administration
OE
Senior Citizens
OE
Board of Adjustment
SW
Board of Health
SW
Telephone
OE
WHEREAS,
there appears to be a surplus in the following 2004 appropriations over and
above the demand deemed to be necessary for the balance of the year:
FROM: Legal
OE
Planning Board
SW
Historic Preservation
OE
Planning Board
OE
Board of Adjustment
OE
Fire Hydrants
OE
Streets and Roads
OE
Board of Health
OE
Solid Waste Collections
OE
Legal-Labor
OE
Construction Code
OE
Workers Comp Insurance OE
OEM
OE
Aid to Fire
OE
Fire Inspections
OE
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, that in accordance with the provisions of
NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be
and the same are hereby transferred to the appropriations mentioned as being
insufficient to meet the prior demands.
BE
IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the
following transfers:
TO:
Police
SW $46,300
Streets and Roads
SW $12,000
Gasoline
OE $12,000
Engineering
OE $10,000
Data Processing
OE $ 7,000
Social Security
OE $ 5,000
LOSAP
OE $
3,600
Mayor and Committee
SW $
2,500
Administration
SW $
1,500
Legal
SW $ 1,100
Administration
OE $
1,000
Senior Citizens
OE $ 1,000
Board of Adjustment
SW $
500
Board of Health
SW $
500
Telephone
OE $
500
Total
$104,500
FROM: Legal
OE $63,000
Planning Board
SW $ 7,000
Historic Preservation
OE $
5,000
Planning Board
OE $ 4,000
Board of Adjustment
OE $
4,000
Fire Hydrants
OE $
4,000
Streets and Roads
OE $ 4,000
Board of Health
OE $ 3,000
Solid Waste Collections
OE $
2,500
Legal-Labor
OE $
2,000
Construction Code
OE $ 2,000
Workers Comp Insurance OE
$ 1,000
OEM
OE $ 1,000
Aid to Fire
OE $
1,000
Fire Inspections
OE $ 1,000
Total
$104,500
A certified copy of this resolution shall be forwarded by the Township
Clerk to the Treasurer.
Mr. D’Emidio made a motion
to adopt R2004-127; Mr. Krieg seconded the motion.
ROLL CALL – All present
voted YES.
3.
Ordinance 21-2004 – First
Reading
BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF EQUIPMENT
FOR AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
APPROPRIATING THE AGGREGATE AMOUNT OF $49,000 THEREFOR AND AUTHORIZING THE
ISSUANCE OF $46,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST
THEREOF.
Mr. Mountain said this
ordinance includes $13,000 for drunk driving enforcement testing equipment for
use by the Police Department and $36,000 for the first phase of computer
equipment acquisition for the Fire Department.
Mr. D’Emidio said he has no problem with the acquisition of the
enforcement testing equipment, however, he questioned the need for computer
equipment for the fire department, asking if the number of times it would be
used justifies the cost. Mr. Phelan
explained that communications in the fire service is extremely important and to
retain locations of water sources and assets in a computerized mode is a
convenient way to manage such information. Mr.
D’Emidio said his concern is with maintaining such a system and the training
involved. Mr. Phelan said they must
be reassured that training will take place. Mayor Pierson said there has to be
commitment on the part of the volunteers. Mr.
D’Emidio asked where the server will be located, noting that it must be
someplace with backup power, not Township Hall.
Mr. Phelan and Phyllis Florek offered to meet with representatives of the
fire department to discuss this further.
Mr. Phelan made a motion to
adopt Ordinance 21-2004 upon first reading with second reading and public
hearing to be scheduled for December 13, 2004; Mr. Krieg seconded the motion.
ROLL CALL – All present
voted YES.
4.
Resolution R2004-128
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
APPOINTING EMPLOYEE IN THE OFFICE OF THE MENDHAM MUNICIPAL COURT
WHEREAS,
a vacancy has occurred in the office of Deputy Court Administrator; and
WHEREAS,
Susan Piscitello has applied for the position and appears to possess the skills
necessary for the performance of the duties of Deputy Court Administrator; and
WHEREAS,
the Court Administrator and the Township Administrator have interviewed Ms.
Piscitello and have recommended to the Township Committee that Ms. Piscitello be
offered the position of Deputy Court Administrator.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
to appoint Susan Piscitello to the position of Deputy Court Administrator at an
annual salary of $32,000, such appointment to be effective November 29, 2004.
There was some discussion
regarding the effective date of this resolution.
Mayor Pierson would prefer it if the receptionist/assistant position was
filled before Ms. Piscitello starts in the Court office.
Mr. Mountain assured the Committee that he plans to fill the position as
soon as possible and the extra burden placed upon the other employees will be
minimized.
Mr. Phelan made a motion to
adopt R2004-128; Mr. Krieg seconded the motion.
ROLL CALL – Mr. Krieg, Mr.
Phelan and Mr. D’Emidio voted YES. Mayor
Pierson voted NO.
5.
Resolution R2004-129
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 R2004-129; Mr. Krieg seconded the motion.
ROLL CALL – All present
voted YES.
6.
Leslie Ash and Gary Lynch were recognized as new members of Brookside
Engine Company.
7. Mayor
Pierson said he asked Katie Porter to “monitor” the Highlands
activity/legislation and he will also ask several others to do the same.
ADMINISTRATOR REPORT
1.
Mr. Mountain suggested moving the date of the second meeting in December
from the 28th to Tuesday, December 21st at 5:00 p.m.
The Committee agreed. The
date for the reorganization meeting was set for January 3, 2005 at 7:00 p.m.
Mr. D’Emidio noted, while
initialing vouchers, that the extra recycling pickups, scheduled because of
holidays, are very costly and he suggested thought be given to not scheduling
extra pickups next year. He
also asked about the cost for new lockers for the police department. Mr.
Mountain said the cost of the lockers came from the Police Good Will Fund.
OPEN ITEMS LIST
The Open Items List was
reviewed and updated.
CORRESPONDENCE
1.
Morris County Agriculture
Development Board/Notice of Purchase of Easement
2.
Daryl Brewster/Recreation
Commission Activities and Membership
3.
Planning Board/Fire Access Road
4.
NJ Forest Service/Tree City USA
5.
Office of Intergovernmental
Affairs/Governor’s rep
6.
Senator Lance/SCR 95
7.
Township
of Roxbury/VFW Post 2833 Troop Drive
Mayor Pierson said he and
Mr. Mountain will meet with the fire official regarding the fire access road.
He also said that No Parking signs would be installed and lines would be
painted on the roadway.
LEGISLATIVE REPORT
- There is no Legislative
Report
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
ADJOURNMENT
Upon motion duly made and
seconded the meeting was opened to the public.
Pat Zimmerman, West Main
Street; asked if the location of the
property referred to in correspondence item #1 was the Backer Farm.
Mayor Pierson said it was Backer Farm.
With no one else asking 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 9:02 p.m.
The lease agreement for the India Brook Park apartments was discussed.
A pending tax appeal settlement status was given by Mr. Sateary.
Correspondence from the Municipal Judge was discussed as was the Township
Engineer’s retirement. Several
personnel items were also noted.
There being no other matters
to come before the Committee, upon motion duly made and seconded the Committee
returned to open session.
Upon motion duly made and
seconded the meeting was adjourned at 9:45 p.m.
Respectfully submitted:
Penny
Newell, Township Clerk
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