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MINUTES –
MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
December 13, 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. Schrier,
Mr.
D’Emidio (arrived at
8:50
), Mr.
Krieg
Absent:
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
–
November 23, 2004
– Mr. Schrier made a motion
to approve these minutes as written; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
1.
Ordinance 21-2004 – Second
Reading
and Public Hearing
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.
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 21-2004; Mr. Schrier seconded the motion.
ROLL CALL – All present
voted YES.
2.
Ordinance 22-2004 – Second
Reading
and Public Hearing
ORDINANCE SUPPLEMENTING THE
LAND USE ORDINANCE OF THE
TOWNSHIP
OF
MENDHAM
, WITH A NEW CHAPTER XXC ENTITLED “HISTORIC PRESERVATION”
Tim Timpson and Ray Nadaskay
were present to represent the Historic Preservation Committee.
Correspondence regarding
this ordinance from the Planning Board was acknowledged.
Mayor Pierson noted that the Planning Board’s resolution indicates
compliance with the Master Plan and four minor points have been included in the
latest draft. Mayor Pierson
also noted that no comments have been received from the Board of Adjustment.
Ms. Florek said she had forwarded the Board of Adjustment comments
directly to Mr. Timpson. Mr.
Clapp reviewed the minor changes suggested by the Planning Board.
Mr. Timpson and Mr. Nadaskay noted that this ordinance would create a
Historic Preservation Advisory Commission.
Upon motion duly made and
seconded the meeting was opened to the public.
Ernie Maw, Buddy Lane:
as a lifelong resident and Township Historian, he doesn’t think it is a
wise decision to approve this ordinance as written.
He said a tough demolition ordinance is needed but it should not
encompass everything on the historic district maps.
He said homeowners shouldn’t be denied the right to make changes to
their house and he noted that most historic structures have been altered in some
way. He suggested that a general
mailing go out to Township residents with an explanation of the proposed
ordinance.
Mr. Timpson said that
anything submitted to the Planning Board or Board of Adjustment would be
referred to the HPAC for advisory comment only.
Mr. Nadaskay said they are
trying to save existing structures and he gave examples of historic structures
that have been demolished in the past.
Mr. Phelan said there could
be misunderstanding by residents and he said an effort should be made to clarify
the intent of this ordinance to the homeowners directly affected.
Mr. Maw said an ordinance that deals just with demolition is needed.
Jane MacNeil, E. Main
Street: said that one of the reasons
she purchased a historic home was to prevent someone else from purchasing it and
tearing it down. She feels the rural
character of the Township should be preserved.
Pat Zimmerman, W. Main
Street: said she is in favor of the
proposed ordinance. She said, as a
member of the Board of Adjustment, she sees applicants come before that Board
without anyone who can advise them and she would like to see more information be
made available to the public.
(Mr. D’Emidio arrived at
his point in the meeting)
There being no others
present who asked to be heard, upon motion duly made and seconded the meeting
was closed to the public.
Mr. Schrier recommended that
this ordinance be tabled to the December 21st meeting to allow for
clarification of certain points and also for notification to be sent to the 200+
property owners directly affected.
Mr. Schrier made a motion to carry the public hearing on this ordinance
to December 21, 2004; Mr. Phelan seconded the motion.
ROLL CALL – All present
voted YES.
HEARING PERSONS PRESENT
Upon motion duly made and
seconded the meeting was opened to the public.
Aloisia Boretti, Tingley
Road: asked the Committee why they
want to build a new firehouse.
Mr. Schrier said that the
fire trucks are getting bigger and any new ones will not fit in the existing
firehouse and the firehouse itself is in disrepair.
Mayor Pierson noted that the
firehouse has twice flooded and is past its useful life.
He said they looked at expanding and/or lifting it up but that would cost
as much as a new building.
Mrs. Boretti asked about
building it back further and nearer to the stream.
George McKinnell, Brookside
Engine Company, said one reason for a new firehouse is the size of the new
trucks but it also has to do with the insurance company ratings of
municipalities.
Mrs. Boretti asked if
anything could be accomplished by raising the concrete floor or eliminating the
“playroom” on the second floor.
Mr. McKinnell said OSHA
standards would raise more issues.
Mrs. Boretti said she
doesn’t believe that and why don’t they consider an addition to the existing
building.
Mr. Phelan said this issue
has been discussed for more than a year and a lot of thought has gone into the
decision on how to proceed and he feels it is the right one for the residents of
the community.
Mrs. Boretti asked if this
involves more than one vehicle.
Mr. Phelan responded that it
would be difficult to manufacture apparatus with a restriction to fit into the
existing firehouse.
Mr. Schrier noted that this
governing body has had two small tax increases in many years and this decision
was not arrived at overnight; they made this decision in the best interests of
the community which is what they are elected to do.
Mrs. Boretti referred to the
“pad” that is occupied by firemen and suggested a mini-apartment in the
firehouse for that purpose and utilize the “pad” for a new police
headquarters or some other use.
Mayor Pierson said they are
looking at other areas and he noted that firemen built the recreation room in
the firehouse with no cost to the taxpayers.
He also said a new building would be designed to accommodate paid firemen
if necessary.
Mrs. Boretti asked about the
police department, storage space for the township and the need for an
independent police headquarters.
Mr. Phelan said Township
property will be used for municipal needs and they are evaluating a location for
police headquarters – either the current location or the “pad” location.
Mrs. Boretti asked what the
purpose is of the trailer behind headquarters.
Mayor Pierson responded that it is a locker room.
Mrs. Boretti asked if that is needed.
Mayor Pierson asked if
anyone from the Girl Scouts had any comments regarding the resolution on the
agenda.
Joel Murphy, Esq.
representing the Girl Scout Council, said he would reserve comment until he
hears the resolution.
Mr. Clapp said the
resolution approves the development agreement.
Mr. Murphy said the
resolution indicates that as long as they sign the developer’s agreement and
post the requisite bonding they can construct the camp.
He said it is his understanding that the resolution may in some way
impede the approval by the Board of Adjustment.
He noted that they spent 2 1/2 years before the Board of Adjustment and
thousands of dollars and received an approval to commence construction subject
to certain things. He said that
maybe the resolution addressed tonight might restrict the Board of Adjustment
approval and he suggested that the Township Committee doesn’t have
jurisdiction to do that.
Mayor Pierson said that Mr.
Murphy has been quoted as saying that the Girl Scouts have all of the necessary
permits. Mr. Murphy replied that he
never said that. Mr. Krieg said he
was at the meeting where Mr. Murphy said he had all the necessary DEP permits.
Mr. Murphy said he had submitted a letter to Mr. Clapp dated December 6,
2004 in which their engineer listed all the DEP permit approvals that they have
and indicated that the wastewater management system is the remaining permit
needed. He said they have no
intention of constructing that system until after the camp is completed and that
the Board of Adjustment is aware of the fact that they were going ahead with
phases I and 2. Mayor Pierson
asked Mr. Clapp if the BOCA Code requires all permits to be in place.
Mr. Clapp said a provision in the Uniform Construction Code indicates
that he is not to issue permits until all prior approvals have been received.
Mayor Pierson said that he understands that the Construction Official is
willing to bend to the degree that he would approve footings and foundations for
the camp houses. Mr. Clapp said the
Board of Adjustment does not dictate what the Construction Code Official does
and the Board of Adjustment resolution says “the approvals herein conferred
are further subject to all other required DEP approvals, local municipal
approvals, including but not by way of limitation, historical preservation,
construction code, Board of Health, Police, Fire and all subcodes.” Mr. Murphy
said the purpose of the bonding is to guarantee exactly what Mr. Clapp is
referring to. He said the Board of
Adjustment resolution required posting of the performance bond and the execution
of the developer’s agreement. He
said they are putting up $1 million in bonding and building subject to final
certificate of occupancy and final DEP approval of the wastewater management
system. He said the Girl Scouts have
all the risk and for the Township to limit them to footings and foundations only
doesn’t do them any good at all and flies in the face of the approvals that
they got from the Board of Adjustment. He
suggested that the Township Committee does not have the jurisdiction to prohibit
the building of the camp. Mayor
Pierson said it is up to the Construction Official to determine what permits to
issue in accordance with his rules and regulations.
He asked what the Girl Scouts have that indicates that the DEP is going
to respond with permits in April. Mr.
Murphy said this has been discussed at length before the Board of Adjustment and
that Board understood it when they passed their resolution and their letter of
December 6th reiterates the conditions of the permitting process
including the DEP permits. Mr.
Murphy noted that the bonding actually is for $2 million.
Mr. Schrier said he looked at the resolution and read the developer’s
agreement and he sees nothing in the resolution that says whether or not the
Construction Official should issue any permits.
He said that he is prepared to approve the resolution and the issuance of
permits is a separate issue and is between the Construction Official and the
applicant. Mr. Murphy said the
Construction Code Official can’t alter the approval that was given by the
Board of Adjustment. He said that
Mr. Clapp is suggesting that the Construction Code Official can change the
approval given by the Board of Adjustment. Mayor
Pierson said the Code Official is responsible to the State, not the Township
Committee. Mr. Krieg noted that the
Board of Adjustment gave approval subject to certain things such as the permits
being in place. Mr. Clapp said the
question is what kind of permit will the Construction Code Official be issuing
and the developer’s agreement does not go beyond the Board of Adjustment
resolution, but the Board of Adjustment resolution does not mandate that the
Construction Code Official has to do what he can’t do under his own code.
Mr. Murphy said the Construction Code Official indicated to him that he
is taking directions from the governing body and if he goes to the Construction
Code Official tomorrow to draw permits and is told foundations and footings only
he will know it is coming from somewhere else.
Mayor Pierson said that is an incorrect assumption because the governing
body has not voted on this nor have they discussed their approach with the
Construction Official. Leigh
Wohlfarth, President of the Morris Area Girl Scout Council: said she was present
at every meeting of the Board of Adjustment with the exception of the last one
and the Girl Scouts have patiently and appropriately followed every measure of
the law, answered every request of the Board of Adjustment, submitted every
document, changed plans repeatedly over two and one half years, met with the
neighbors and every constituency, understand the historic value of the community
and the environmental concerns fully. They
are the Girl Scouts and have been residents of that camp since 1929 and camping
there for more than 70 years, and that this should be thrown out at the last
minute from this body, asked, what are you doing, gentlemen?
She said footings and foundations is not what was agreed to by the Board
of Adjustment and she said it would be interesting to find out who is pulling
the strings. She said that what they
want to do is construct the cabins and not put in the wastewater treatment
facility. Mr. Krieg responded to Ms.
Wohlfarth, saying he understands where she is coming from and is empathetic with
what she is saying but there are certain laws established by the State of NJ
that they do not have anything to do with and the Code Enforcement Agent has to
follow the State rules and regulations.
Upon motion duly made and
seconded the meeting was closed to the public on this subject.
Mayor Pierson suggested
moving the resolution and the developer’s agreement and leaving it up to the
Construction Official by saying to him “you grant the permits to the degree
that you’re comfortable with according to the State’s rules and
regulations.” Mr. Clapp said to
grant permits for the shell of the buildings, frame and wood only, no electric
or plumbing, goes beyond footings and foundations.
When the DEP issues their permits there would be the plumbing and the
fire sprinklers. The Board of
Adjustment said this would provide that there is no occupancy of these buildings
until there are the DEP permits and Certificates of Occupancy and there would be
a release and hold harmless to the Township that there is no DEP permits and the
provisions of the Board of Adjustment resolution about tear-down would also be
in effect. That is a discretionary
course of action by the Construction Code Official.
What he does is instead of following his rules of not acting unless there
are all prior approvals, is that he proceeds when there are missing prior
approvals and he puts conditions on the permits. The conditions being no
occupancy, no use, no completion until the DEP permits, no fire, no sprinklers,
no plumbing until the DEP permits. If
those permits are not obtained then the buildings have to be torn down.
That is an option for the Construction Code Official, to issue the
building permits for shell only and when they get the other permits they can
proceed to build. Mr. Phelan asked
why limit to just the shell? Mr.
Clapp said they don’t have the toilet facilities until they have the DEP
permits so it shouldn’t be an occupiable building, it’s just letting them
continue until they get the DEP permits. Mr.
Phelan said if they don’t get the DEP approvals and actually build the whole
thing then they will have to go to the expense of tearing it all down.
He asked what risk is being taken by the Township if it’s legal for the
Construction Official to grant full construction, with or without plumbing?
Mr. Clapp said he would be bending the rules in a discretionary way by
applying conditions on the permits. Mr.
Phelan asked if the Construction Official would be personally risking his
license? Mr. Clapp said he could be
criticized but there would not be much of a risk if conditions are put on the
permit. Mr. Phelan said the history
of the Girl Scouts is very valuable to not only the elected officials but to the
residents of the Township. He
suggested working in partnership with the Girl Scouts to make the camp happen
and the risks that may occur are covered with the bonding that has been put in
place. He continued, that if that
can be done legally, it would be a win-win for everyone.
Mr. Clapp said the Construction Official has the flexibility to impose
conditions and if the Construction Official establishes enough conditions he can
bend the rules. Mr. Phelan said if
the permit is issued under the guidelines established, with the bonding in
place, it should be ok to proceed. Mr.
Clapp said until the DEP permit is obtained a CO can’t be issued.
Mr. Phelan said they should try to work with the Girl Scouts and
unfortunately it is not the governing body’s jurisdiction to solve the problem
with the DEP. He said the governing
body can make a decision on the resolution before them and then it would be up
to the Construction Official, having heard what has occurred in a public
meeting, not in anything behind the scenes.
He said he is sensing that there is a solution.
Mr. Krieg asked if it would be a concern if the building is built and
then it is found that it has to be torn down, having been approved by the
Township? Mr. Clapp said that is an
issue that would have to be dealt with if the DEP permits are not obtained.
He said it is a matter of enforcement – you can’t occupy the building
until the DEP permit is obtained. Mayor
Pierson said one approach is to adopt the Resolution and then advise the
Construction Official that they would hope he would cooperate with the Girl
Scouts to the degree he feels proper.
R2004-131
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
AUTHORIZING EXECUTION OF DEVELOPER’S AGREEMENT WITH THE MORRIS AREA GIRL SCOUT
COUNCIL FOR BLOCK 148, LOT 4 AND BLOCK 149, LOTS 6 AND 7
WHEREAS,
by Resolution adopted on November 18, 2004, the Board of Adjustment of the
Township of Mendham granted conditional final site plan approval for the
development of Lot 4 in Block 148 and Lots 6 and 7 in Block 149;
and
WHEREAS,
the aforesaid Resolution requires the execution of a Developer’s Agreement and
the furnishing of a performance bond and maintenance bond to the Township; and
WHEREAS,
the Township Attorney has reviewed and approved the Developer’s Agreement
between the Morris Area Girl Scout Council and the Township, a copy of which is
marked Appendix A and attached to this Resolution; and
WHEREAS,
the governing body of the Township is satisfied with the foregoing document;
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, as follows:
1.
The Mayor is hereby authorized and
directed to execute the
Developer’s Agreement in
the form attached as Appendix A and the Township Clerk is hereby authorized and
directed to attest such Agreement and to affix the municipal seal thereto, and
when so executed and attested the Agreement 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 make and perform
any and all acts necessary to carry out the Agreement.
2.
This Resolution shall take effect
upon adoption.
Mr. Krieg made a motion to
adopt R2004-131; Mr. Schrier seconded the motion.
ROLL CALL – All present
voted YES.
Aloisia Boretti, Tingley
Road: asked what the Township is
going to do to investigate further dishonesty in connection with the illegal
release of the tax lien she was holding. Mr.
Clapp responded that the matter has been turned over to the Township’s
insurance company and before the Township gets involved they will wait to see
what the insurance company does relative to any investigation.
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.
Resolution R2004-130
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE TOWNSHIP OF MENDHAM AND EDMUNDS
& ASSOCIATES, INC. FOR APPLICATION SOFTWARE SUPPORT AND HARDWARD AND SYSTEM
SOFTWARE SUPPORT
WHEREAS,
Edmunds & Associates, Inc., provides Computer Systems for Local Governments;
and
WHEREAS,
it is deemed to be in the best interests of the Township of Mendham to enter
into agreements with Edmunds & Associates, Inc. for providing Computer
System Support to the Township for the Year 2005; and
WHEREAS,
funds will be available for this purpose.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, as follows:
1.
The Township of Mendham shall enter
into an agreement with Edmunds & Associates, Inc. for the Year 2005 for
Application Software Support and MCS/SBAC/UA System upgrades.
2.
The Township of Mendham shall enter
into an agreement with Edmunds & Associates, Inc. for Hardware & System
Software Support.
3.
The Mayor is hereby authorized and
directed to execute on behalf of the Township the Agreements authorized by
paragraphs 1 and 2 of this Resolution and the Township Clerk is hereby
authorized to attest such Agreements and when so executed and attested, the
Agreements shall be valid and legally binding obligations of the Township of
Mendham, and the proper officials of the Township shall perform all acts
necessary for the execution of such Agreements.
4.
Certified copies of this Resolution
shall be forwarded by the Township Clerk to Edmunds & Associates, Inc., 333
Tilton Road, Northfield, New Jersey 08225.
Mr. D’Emidio made a motion
to adopt R2004-130; Mr. Schrier seconded the motion.
ROLL CALL – All present
voted YES.
2.
Resolution R2004-132
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF
MORRIS, NEW JERSEY, AUTHORIZING
EXECUTION OF DEVELOPER’S
AGREEMENT FOR BLOCK 116, LOT 46
WHEREAS,
by Resolution PB-04-11 adopted on August 18, 2004, the Planning Board of the
Township of Mendham granted final major subdivision approval for the development
of Lot 46 in Block 116 by Michael Von Poelnitz and Audrey Von Poelnitz; and
WHEREAS,
the aforesaid Resolution requires the execution of a Developer’s Agreement and
the furnishing of a performance guarantee to the Township; and
WHEREAS,
the Township Attorney has reviewed and approved the following documents, copies
of which are attached to this Resolution:
1.
Developer’s Agreement
2.
Common Driveway Easement Agreement
3.
Common Private Road Right of Way
and Easement Agreement
4.
Grant of Conservation Easement
5.
Grant of Steep Slope Conservation
Easement
6.
Fire Storage Tank Easement
Agreement; and
7.
Deed of Dedication.
WHEREAS,
the governing body of the Township is satisfied with the foregoing documents;
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, as follows:
1.
The Mayor is hereby authorized and
directed to execute the aforesaid four
Agreements, and the Township
Clerk is hereby authorized and directed to attest such Agreements and to affix
the municipal seal thereto, and when so executed and attested the Agreements
shall be valid and legally binding obligations of the Township in accordance
with the terms thereof, and the proper officials of the Township are hereby
authorized and directed to make and perform any and all acts necessary to carry
out said Agreements.
2.
This Resolution shall take effect
upon adoption.
Mr. D’Emidio made a motion
to adopt R2004-132; Mr. Schrier seconded the motion.
ROLL CALL – All present
voted YES.
3.
Mr. Mountain reported that a request for grant funding for a bridge to
connect Buttermilk Falls to India Brook Park has been rejected, however the
Environmental Commission feels this is a viable and necessary project and they
are now seeking funding, in the amount of $15,000, from the Township’s 2005
Capital budget. Mr. Schrier said
this is a worthwhile project. Mr.
D’Emidio said he is in favor of the project and he asked Mr. Mountain how the
amount requested would impact the 2005 budget.
Mr. Mountain said he and Mrs. Webster will recommend to the Committee how
they can work within the existing parameters to accomplish the funding.
Mr. Schrier made a motion to approve this request; Mr. Krieg seconded the
motion. All present voted YES.
4.
Discussion of Recycling Schedule/Make up Holiday Collections.
Mr. Mountain reported that it would be possible to schedule make-up
collections for three that will be missed because of Monday holidays in 2005.
After some discussion the Committee agreed to schedule one make-up
collection after Christmas 2005, but not for the two others.
5.
Resolution R2004-133
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
AUTHORIZING THE TOWNSHIP TAX COLLECTOR TO CANCEL CERTAIN TAX OVERPAYMENTS AND
DELINQUENCIES FOR 2004
WHEREAS,
it is uneconomical to process certain tax overpayments and tax delinquencies;
and
WHEREAS,
State of New Jersey Statutes permit the cancellation of delinquencies and
overpayments of less than $10.00 at the direction of the governing body.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, that the Tax Collector be and is hereby
directed to process, without further action of the part of the governing body,
the cancellation of any property tax overpayment of less than $10.00 and any tax
delinquency of less than $10.00 for the calendar year 2003.
Mr. D’Emidio made a motion
to adopt R2004-133; Mr. Phelan seconded the motion.
ROLL CALL – All present
voted YES.
6.
Resolution R2004-134
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
AUTHORIZING REFUND OF 2004 TAX OVERPAYMENTS
WHEREAS,
2004 tax overpayments have been made on certain properties in the Township of
Mendham.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, that the Treasurer be, and is hereby,
directed to refund the following amounts as indicated:
Block/Lot
Owner
Amount
100/26.01
Schuler
$ 1733.44
100/61.01
Calandra
$ 68.02
104.02/12
Jacobs
$ 244.35
107/18
Auslander
$ 11.11
107/31
Mulcahy
$ 1088.77
108/25
Ilacqua
$ 1212.53
109/52
Simon
$ 229.24
109/53
Smith
$ 19.85
109/66
Schnee
$ 14.48
110/5
Rubinfeld
$ 27.00
111/16
Beckerman
$ 26.00
112/24
McAnally
$ 15.76
118/26
Brumbaugh
$ 20.00
127/15
Beaver
$ 35.64
129/28
Blood
$ 2197.30
131/51.14
Schonberg
$ 15.34
137/14
Thomas
$ 2062.25
141/7
Keeley
$ 14.46
141/22
Dauernheim
$ 3067.46
142/25
Goodes
$ 5206.36
143/7
First Horizon Home Loans
$ 4169.76
145.02/26
Drakewick
$ 71.52
145.03/1
Bahner
$ 3282.81
Mr. Phelan made a motion to
adopt R2004-134; Mr. Schrier seconded the motion.
ROLL CALL – All present
voted YES.
7.
Resolution R2004-135
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. Krieg made a motion to
adopt R2004-135; Mr. Phelan seconded the motion.
ROLL CALL – All present
voted YES.
8.
Resolution R2004-136
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
RECOGNIZING THE OUTSTANDING CONTRIBUTION OF JON OLSON TO THE MENDHAM TOWNSHIP
LIBRARY
WHEREAS,
Jon Olson has served on the Mendham Township Library Board of Trustees in
various positions, most recently as President; and
WHEREAS,
Mr. Olson has announced his retirement from the Board of Trustees effective
December 31, 2004; and
WHEREAS,
Mr. Olson has served with distinction and dedication, thereby earning the
respect and admiration of his colleagues on the Board.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
to express its appreciation to John Olson for his years of dedicated service and
many contributions to the Mendham Township Library Board of Trustees.
Mr. Krieg made a motion to
adopt R2004-136; Mr. Phelan seconded
the motion.
ROLL CALL – All present
voted YES.
9.
Trish Cleary and Howard Fingerhut were recognized as new members of the
Mendham Township First Aid Squad. Amanda
Thomas and Bryan Foerster were recognized as new members of Brookside Engine
Company.
ADMINISTRATOR REPORT
1.
Mr. Mountain reported on the India Brook Park field proposal.
He will be putting together a RFP based upon recommendations by the
Recreation Commission.
2.
Mr. Mountain noted that he would also be preparing an RFP for
architectural services for the Brookside Firehouse project.
3.
Mr. Mountain said the school officials who were originally scheduled to
be here this evening would be scheduled for the first meeting in January.
Mayor Pierson suggested that
the historic preservation ordinance addressed earlier in the meeting be held for
further discussion in January. The
Committee members agreed.
Mr. Mountain told the
Committee that Dr. Fehn requested a list of questions in advance of his meeting
with them.
Mr. Krieg asked for the
status of the pavement marking at the fire land on Hilltop Circle.
Mr. Mountain said that Mr. Betz is getting the proper wording for the
signs.
OPEN ITEMS LIST
The Open Items List was
reviewed and updated.
CORRESPONDENCE
1.
ANJEC/2005 Planning Grants
2.
NJSLOM Legislative Bulletin
3.
NJSLOM Mayors Fax Advisory
4.
NJDCA/COAH Rules and sample
ordinances
5.
NJ Dept of Health and Senior
Services/Office of Animal Welfare
6.
NJ Dept of Treasury/PERS Local Rate
Increase
7.
County of Morris/Solid Waste
Management Plan Amendment
8.
Congressman Frelinghuysen/accomplishments
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
Upon motion duly made and
seconded the meeting was opened to the public.
Sarah Dean Link, Tingley
Road and Environmental Commission: thanked
the Committee for their support by agreeing to funding for the bridge to connect
Buttermilk Falls and India Brook Park. She
said David Betz is constructing a trail for his Eagle Scout Project.
No others present 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 10:36 p.m.
Mr. Clapp gave an update on
the cell tower case; Mr. Mountain reported on his meeting with Judge McMann and
also on the status of the Ward Drive drainage project.
Mr. Mountain recommended a candidate for the position of administrative
assistant/receptionist. The
Committee discussed several other personnel matters and were given an update on
the Masefield subdivision application. A
status report on the joint library was given by Mr. Mountain and he also briefed
the Committee on the recent gas line break on Patriot’s Path.
The Committee discussed appointments to Boards and Commissions.
Upon motion duly made and
seconded the Committee returned to open session at 11:30 p.m.
The following resolution was
offered:
R2004-137
RESOLUTION OF THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,
APPOINTING EMPLOYEE IN THE ADMINISTRATION DEPARTMENT
WHEREAS,
the position of Administrative Secretary/Receptionist has become vacant; and
WHEREAS,
Elizabeth Rego has applied for the position and appears to meet the
qualifications necessary to perform the duties of Administrative
Secretary/Receptionist; and
WHEREAS,
the Township Administrator has recommended that Elizabeth Rego be appointed
Administrative Secretary/Receptionist.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham
that Elizabeth Rego be appointed to the position of Administrative
Secretary/Receptionist at an annual salary of $27,000 effective December 20,
2004.
Mr. D’Emidio made a motion
to adopt R2004-137; Mr. Phelan seconded the motion.
ROLL CALL – All present
voted YES.
Upon motion duly made and
seconded the meeting adjourned at 11:33 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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