MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

January 27, 2004

Mayor Pierson called the meeting to order at 5:00 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL                           Present:         Mayor Pierson, Mr. Phelan (arrived at 5:11 p.m. ),

                                                                        Mr. Schrier, Mr. D’Emidio, Mr. Krieg

                                                 Absent:

                                       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 15, 2004; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 15, 2004.”

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.”

APPROVAL OF MINUTES -  January 12, 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

1.  Ordinance 1-2004 – Second Reading and Public Hearing

bond ordinance providing a supplemental appropriation of $95,000 for preliminary planning and designm work for the improvement of the mendham east sewer plant in anb by the township of mendham, in the county of morris, new jersey and authorizing the issuance of $90,250 bonds or notes of the township for financing part of the appropriation

2.  Ordinance 2-2004 – Second Reading and Public Hearing

bond ordinance providing a supplemental appropriation of $15,000 for the planning and design of the emergency communications system for and by the township of mendham , in the county of morris , new jersey and authorizing the issuance of $14,250 bonds or notes of the township for financing part of the appropriation

3.  Ordinance 3-2004 – Second Reading and Public Hearing

an ordinance of the township of mendham providing for the purchase of miscellaneous vehicle equipment for the mendham township police department by the township and appropriating $20,000 from capital surplus and $10,000 from reserve for police equipment

Because this meeting had originally been advertised for 7:30 p.m. and is being held earlier due to an impending snowstorm, Mr. Schrier made a motion to carry Ordinances 1-2004, 2-2004 and 3-2004 to the February 9, 2004 meeting; Mr. D’Emidio seconded the motion. 

ROLL CALL –  All present voted YES.

(Mr. Phelan arrived at this point)

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 Meg Berlin and John Notte on behalf of the West Morris Regional High School Board of Education to review the rationale for the upcoming referendum on March 9, 2004. 

Mrs. Berlin reviewed the status of the curriculum as well as the international baccalaureate program, Bartley Academy and other excellent programs offered.  She also noted that WMRHS required 130 credits for graduation as compared to the State graduation requirement of 96 credits in 1970.  She said their demographer predicts a peak enrollment in 2008 followed by a plateau and then a slow decline.  Both Mrs. Berlin and Mr. Notte emphasized that the Board of Education doesn’t want to over-build and they included community input in their decisions.   They said the plan is primarily driven by educational needs. At Mendham a freshman wing will be created and safety concerns regarding entrances into the building will be addressed.   Mayor Pierson asked what percentage of the $26 million to be bonded would be going to Mendham.  Mrs. Berlin said $7 million was for Mendham with the remainder for improvements to Central.  They also noted the addition of new parking facilities is included in the plan.  Mr. Phelan asked about the issue with the Mendham Borough Sewer Plant.  Mrs. Berlin said there would be no increase in flow as per a report by a traffic, safety and sewer consultant.  Mrs. Berlin said that the average annual tax impact for the $26 million bond issue is $56.00.  Mr. Krieg asked about a comment he recently heard that said no one from Mendham went to an Ivy League school last year.  Mrs. Berlin said that might not be accurate.    Mr. D’Emidio asked whom the Board has hired as an architect?  Mrs. Berlin said Gabe Massa (sp) is the architect and Turner Company will be the construction manager, however, no contract has been signed yet.  Mr. D’Emidio cautioned that every school district thinks their contractor is working only for them and they should be aware of time frames promised.  He asked if the intention is to bid each school separately and he said his opinion is that they should be bid separately.  Mayor Pierson asked who has been appointed principal at Mendham to fill the vacancy created by the death of Mr. Wargacki.  Mrs. Berlin said Bob Grady in the interim principal and Jim Nordstrom is the assistant principal.

2.  Discussion of Emergency Communications System with Tom Zellman

Mr. Zellman was asked to review the preliminary report submitted by SSI regarding the Township emergency communications needs.  He said the report is thorough and contains an elaborate design that would provide thorough coverage and has to be weighed against the need, the volume of traffic and the dollars available.   He said the idea was always to accomplish the coverage from one spot at the high elevation and there is always going to be a point that will not have coverage.  He said the trick is to design a system that is 95% coverage 95% of the time.   Mayor Pierson noted that the SSI presentation was on 100%.  Mr. Zellman said that generally 95% is the issue with maybe 100% in mobiles and 75%-80% in portables and that may be acceptable based on need and volume of use.  Simulcast systems are sophisticated, costly and require lots of maintenance.  He said high-band frequencies are best and he advised the Committee if they could get any channels in high-band to do so and license them even if they are not going to be used. 

Mayor Pierson suggested, with Mr. Schrier’s agreement, giving a copy of the updated SSI report to Mr. Zellman.   Mr. Schrier agreed.  Mayor Pierson said that the police have not reported any problems so why not put up another pole with a whip antenna.    Mr. Phelan said SSI was asked to revisit a possible scenario of using the County as a backup if Washington Township goes down and also the possibility of the Sheriff’s department reconsidering letting the Township use   the Sheriff’s dispatch system, noting that there may be problems with the Borough and the

Township using different dispatch systems.  Mr. Zellman said there is a lot to be considered.  The County is in a UHF system and the system recommended in the report is not compatible with the County system.  He said the County didn’t have a lot of choices for the system they are building and their goal is to get all five towns that they currently dispatch for on the same frequency system.  He said that Morris County currently has all its agencies using the system and eventually they all will be able to talk to each other.  He said they want to get their system up and running.  Mr. Phelan asked if the system has the capacity to include the five towns that they dispatch for currently.  Mr. Zellman said it has the capacity.  Mr. Phelan said that technically the Township could be put on the system.  Mr. Zellman agreed.  Mr. Phelan asked about a system for pagers.  Mr. Zellman said the County currently doesn’t have a system for pagers which only pertains to fire and EMS.   He said it would be no big deal the create a county-wide fire channel.

Mayor Pierson asked Mr. Zellman to look at what has been presented by SSI and also to look at a county-wide system for dispatching.  Mayor Pierson said he doesn’t think the sheriff should be the one to make a decision.  He said there are serious problems with Washington Township and the escalating costs associated with that system.  Mr. Zellman said he would be interested in seeing the final draft presented by SSI.  Mr. Schrier said there are other issues besides communications issues.  Mr. Phelan suggested a presentation to the Freeholders to ascertain the County’s interest in pursuing a County-side system.  Mr. Schrier said there is an issue with which agency within the County should address the matter.  Mr. Krieg feels it is important for the County to pursue the County-wide communications issues.  Mr. Phelan said other towns may not have problems with communications and it appears a needs assessment may be warranted.

Mr. Zellman will review the updated SSI Report and communicate his comments to the Township Committee.

3.  Discussion of Ordinance Amending Animal Control Regulations.

Mr. Clapp had prepared a draft amendment that adds a definition of animal, prohibits animals from running at large and addresses the general penalty for violations by leaving it to the discretion of the municipal judge.

The Committee agreed to introduce the Ordinance as drafted by Mr. Clapp:

Ordinance 4-2004 – First Reading

ORDINANCE AMENDING CHAPTER V, ANIMAL CONTROL, OF THE MENDHAM TOWNSHIP ORDINANCE CODE

Mr. Schrier made a motion to adopt Ordinance 4-2004 upon first reading with second reading and public hearing to be scheduled for February 24, 2004; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 4-2004 is attached hereto and made a part hereof.

4.  Resolution R2004-22

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. Phelan made a motion to adopt R2004-22; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2004-23

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, RE-ESTABLISHING THE MENDHAM MUNICIPAL ALLIANCE FOR 2004

            BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey that incompliance with Public Law 1989, Chapter 51 and the Governor’s Council on Alcoholism and Drug Abuse, the committee known as the Mendham Municipal Alliance is hereby re-established and continued.  This alliance pledges to work toward the accomplishments of the following goals as directed in the Chapter 51 Legislation:

1.      Organize and coordinate the efforts of school, police, business groups and other community organizations to fight drug/alcohol abuse.

2.      Adopt clear procedures for the intervention, treatment and discipline of students abusing alcohol and drugs.

3.      Provide a comprehensive drug/alcohol abuse education and outreach program for parents.

4.      Provide a comprehensive community substance awareness program.

BE IT FURTHER RESOLVED that the above mentioned Alliance will be

recognized as an Ad Hoc Advisory Committee reporting to the Mayor.

BE IT FURTHER RESOLVED that the membership of the Alliance shall include,

but not be limited to, the following representatives:  The Substance Abuse Coordinator, Township Official(s), Township Police representative(s), member(s) of the Board of Education, member(s) of local community organization(s), member(s) of local religious group(s) and interested private citizens.

Mr. D’Emidio made a motion to adopt R2004-23; Mr. Krieg seconded the motion.  

ROLL CALL – All present voted YES.

6.  Resolution R2004-24

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING REFUND OF TAX SALE CERTIFICATE #030002T

            WHEREAS, Tax Sale Certificate #030002T assessed to Lot 51.23 in Block 131 is held by Crusander Servicing Corporation; and

            WHEREAS, the above mentioned Tax Sale Certificate has been redeemed in the amount of $28,225.84 which amount includes principal and interest.

                        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 amount of $28,225.84 to Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA 19046.

Mr. Schrier made a motion to adopt R2004-24; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

7.  Resolution R2004-25

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXTENDING CONGRATULATIONS TO CHRISTOPHER ALLAN WOLFF UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

            WHEREAS, Christopher Allan Wolff has attained the rank of Eagle Scout; and

            WHEREAS, Christopher Allan Wolff will be honored for this achievement at a Court of Honor on February 28, 2004; and

            WHEREAS, the Township Committee of the Township of Mendham recognizes the extraordinary dedication and professionalism Christopher Allan Wolff has displayed in achieving this highest honor.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to extend their congratulations to Christopher Allan Wolff upon his attainment of the rank of Eagle Scout and to wish him success in all his future endeavors.

Mr. Krieg made a motion to adopt R2004-25; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

8. Relocation of Polling Place For Districts 1,3,4 & 5.  Mrs. Newell reported that the County Board of Elections has not approved the Community Club as a polling place because the parking lot is not paved.  She is pursuing the use of either the Elementary School or the Middle School, however, until something can be finalized, the Brookside Firehouse will remain the polling place for Districts 1,3,4 & 5.

9.  William Kimmerle and Bryan O’Reilly were recognized as new members of Brookside Engine Company.

ADMINISTRATOR REPORT

1.  Mr. Mountain reported good progress with the DPW garage addition.  He anticipates a temporary CO within the next few weeks and he will hold approximately $40,000 pending completion.

2.  Mr. Mountain said the Recreation Commission is considering a pony care program with an outside group bringing in ponies to teach care and maintenance. They would like permission to use the Seeing Eye property for two sessions of five days each in June and July.  The Committee agreed that they would be more comfortable using another site, for example, Meadowood, as the Seeing Eye property has not be formally opened yet.  Mr. Mountain will check on insurance and relay the Committee’s comments to the Recreation Commission.

3.  Mr. Mountain said the findings regarding a septic system to accommodate a new firehouse show the site to be not perfect, but suitable, to sustain the proposed development but may require some variation to the plan.  He said if the firehouse is placed towards the back of the property and the “pad” is demolished, it would be difficult to site it to blend in with the character of the street.  Mr. Phelan asked if they can proceed with the firehouse and put a septic system in place that would pass inspection and the only caveat would be the ambiance.  Mr. Mountain said in any case it would be a mounded system.  Mr. Phelan said it is going to be designed to accommodate the firehouse, township hall and maybe a police headquarters also.  He said no building should be constructed unless they know the septic system will work.

OPEN ITEMS LIST

The Open Items List will be reviewed at the next meeting.

CORRESPONDENCE

1.      NJSLOM Mayors Fax Advisory/Re-cap of Laws of 2003; ECO hours; Stormwater Regulations; Lowering of National Threat Advisory Level

2.      NJDEP/Grant and Loan Programs catalogue

3.      Morris County Agriculture Development Board/Mendham Valley Project – request for resolution of endorsement

4.      Mayor of Chester Borough to Mayor of Washington Township/2004 dispatch contract

5.      Freeholder Director Schrier/copy of remarks

6.      Anne M. Patterson/hunting in parks

7.      NJ Dept of Health and Senior Services/new regulations for certified vital records

Mayor Pierson will respond to Ms. Patterson (#6)

Mr. Krieg asked Chief Costanza about a difference he noticed between the previous and current monthly reports.  Chief Costanza pointed out that they are using a different reporting system.

LEGISLATIVE REPORT

There was 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

Upon motion duly made and seconded the meeting was opened to the public.

Pat Zimmerman, West Main Street:  stated that she is completely behind the WMRHS District proposed referendum and suggested that the member of the Township Committee go to the open house at Central to see for themselves the conditions that exist.

Mr. D’Emidio commented that the Mendham and the Chesters are paying 80% of the cost and Washington Township is receiving the benefit.

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 6:57 p.m.

The police consolidation issue was discussed; leasing options for the dwelling units at India Brook Park were reviewed; Mr. Krieg gave an update on the joint library matter, the proposals for a revaluation of the Township were reviewed and the Ralston Mill lease was discussed.

Upon motion duly made and seconded the Committee returned to open session at 7:37 p.m. and with no additional business to come before the Committee the meeting adjourned at 7:37 p.m.

Respectfully submitted.