MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

February 14, 2005

Mayor Krieg called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL                         Present:        Mayor Krieg,  Mr. Pierson, Mr. Phelan,

                                                                        Mr. Schrier, Ms. Florek

                                                 Absent:

                                       Also Present:       Roger S. Clapp, Esq., Township Attorney

                                                                        Stephen Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Krieg 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 10, 2005; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 10, 2005.”

APPROVAL OF MINUTES – January 25, 2005 – Mr. Schrier made a motion to approve these minutes as written;  Ms. Florek seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS

1.  Ordinance 1-2005 – Second Reading and Public Hearing

ORDINANCE ENLARGING THE BOARD OF RECREATION COMMISSIONERS FROM FIVE TO SEVEN MEMBERS AND AMENDING SUBSECTION 2-27.1 OF THE MENDHAM TOWNSHIP ORDINANCE CODE.

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. Pierson made a motion to adopt Ordinance 1-2005; Mr. Schrier 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.  No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

NEW BUSINESS

1.  Julia Somers, Executive Director of the Great Swamp Watershed Association, presented an informative overview of the activities of the GSWA.  She said their mission includes community awareness, environmental, history, culture and partnering with communities and groups to “help protect places you love and the water your drink.”  She also noted the GSWA has been active in partnering for the acquisition of property, most recently a portion of the Kirby property in Chatham Township .  Some of their many activities are to provide model ordinances, stream models, GIS mapping, parcel mapping, educational programs, stream monitoring programs, and regulations to encourage the protection of threatened and/or endangered species.  Ms. Somers also pointed out the different activities that are undertaken by the Ten Towns Committee.

2.  Resolution R2005-22

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 R2005-22; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

3.  Resolution R2005-23

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MENDHAM AND THE TOWNSHIP OF RANDOLPH

WHEREAS, the Township of Mendham and the Township of Randolph desire to enter into an Interlocal Services Agreement with respect to the furnishing of water to customers and hydrants within the Township of Mendham; and

            WHEREAS, municipalities are permitted to enter into such agreements pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

1.      That the Mayor and Township Clerk are hereby authorized to execute an Interlocal Services Agreement between the Township of Mendham and the Township of Randolph for the furnishing of water supply and services to Mendham Township residents who receive water services from Randolph and for its hydrants for fire safety purposes.

2.      A copy of the Agreement is on file in the office of the Township Clerk for inspection by the public.

3.      A copy of this Resolution and the Agreement hereby authorized shall be forwarded to the N.J. Department of Community Affairs after final adoption, as required by N.J.A.C. 5:23-4.6 (b) (1).

4.      This Resolution shall take effect immediately.

Mr. Schrier made a motion to adopt R2005-23; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

4.  Ordinance 2-2005 – First Reading

Mr. Mountain explained that this ordinance reflects changes in the CAP law and although Mendham Township is not directly impacted by the changes in 2005, this ordinance gives the ability to “bank” the increase amount authorized to 3.5% over last year’s appropriation for future years.

Mr. Phelan made a motion to adopt Ordinance 2-2005 upon first reading with second reading and public hearing scheduled for March 14, 2005; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 2-2005 is attached hereto and made a part hereof.

5.  Ordinance 3-2005 – 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 $96,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $34,200 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

Mr. Mountain explained that an ordinance originally introduced and adopted in 2004 was not correctly published and that ordinance had contained one of the appropriations in this ordinance.   Mr. Schrier made a motion to cancel Ordinance 21-2004; Mr. Pierson seconded the motion.   ROLL CALL – All present voted YES.   Ms. Florek made a motion to adopt Ordinance 3-2005 upon first reading with second reading and public hearing scheduled for March 14, 2005.

ROLL CALL – All present voted YES.

A copy of Ordinance 3-2005 is attached hereto and made a part hereof.

6.  The Raffle Application of the Mendham Borough Home School Association (RL #124) was approved.

7.  New members of the Fire Department were recognized:  Brookside Engine Co./Mary Amoling and Ralston Engine Co/Michael Gomeringer.

8. Discussion of Historic Preservation Ordinance.  Mayor Krieg said this is strictly a

discussion prior to notification to the public. He said the area of discussion that needs to be focused upon is the definition of demolition.  He suggested, in interpreting if an application  appears to be for demolition, whether total or substantial, it could be referred to the Board of Adjustment where the homeowner and the HPC could discuss it and allow the Board of Adjustment to make a decision. 

Mr. Clapp said the Municipal Land Use Code talks about the Planning Board being an alternate to a Historic Preservation Commission; an appeal of a HPC decision would go to the Board of Adjustment but the Planning Board makes what is called a report in statute. 

Mayor Krieg said his feeling is if it’s a total demolition the HPC would put a hold period in but if it is what they consider to be a significant demolition move it to the Planning Board.  Mr. Clapp said if a case goes to other boards that don’t specialize, it’s not familiar ground.  

Mr. Pierson offered a modification to Mayor Krieg’s suggestion.  He recommended the definition of demolition be “demolition is the razing, or virtual razing, of a historic building.”   He said that would give the HPC an opportunity to say it’s a demolition.  He said it is vague and there is room for some interpretation and he feels that is the only way to move this ordinance along.  He said if a developer has been denied demolition he could then go to the Board of Adjustment and that would require an educational period for the members of the Board of Adjustment. 

Mr. Schrier offered a scenario in which the owner of a historic house wants to put brickface on the building and asked if that would be changing the historic character of the building and require review by the HPC.  Mr. Pierson said the only requirement would be to sit down with the HPC and hear their suggestions. 

Mayor Krieg referred to the Harding Township Historic Preservation Ordinance and noted it is much more severe than the proposed ordinance under discussion here and said he is not ready to go that far. 

Mr. Pierson said they would be well advised to have the least onerous ordinance and it would get the most support from the public.  Mr. Clapp addressed Mr. Pierson’s suggestion of using “virtual razing” and the fact that a property owner may say it’s not virtual razing and the HPC may not agree.   Mayor Krieg said it would have to go to the Board of Adjustment and Mr. Clapp agreed.  He asked what the Board of Adjustment would do with the word “virtual?”  Mr. Pierson said the Board of Adjustment sits in judgment and would have to address such an issue when it came along.  Mr. Clapp said that would be hard to deal with and difficult to enforce.   Mr. Pierson said there are two levels being discussed; one is the substantive level of not defining virtual or substantial, which is a weakness of the ordinance, and he suggested that the see how it works and if great old homes are being lost then the governing body would have to revisit the ordinance.   He asked Mr. Clapp if “razing” or “virtual razing” is a wordsmithing problem and Mr. Clapp said either “virtual” or “substantial” would be ok.  Ms. Florek asked if demolition would still be used but the definition would be revised.  Mr. Pierson asked Mr. Clapp to draft a definition of demolition for the ordinance.   Mr. Phelan said the original draft as written by the HPC was based on their concern that a historic house could be torn down by a developer and in its place would be a brand new home.  Mr. Phelan said that the Construction Official would know if a house was going to be razed and that would be the trigger to notify someone. 

Ms. Florek said she thinks the list of properties attached to the ordinance should be thoroughly reviewed to be sure that it is accurate and that the notification letter to the property owners indicates why that property is being designated as historic.  Mr. Pierson said that it might be more efficient and personal for that letter to invite the owner to view the information on file.   Mr. Phelan suggested that it be included in the mailing.  There was some discussion about the labor and expense involved in such a mailing. 

Mr. Clapp asked if there is any distinction in the committee between the front façade and the rest of the building.  He asked if the Committee is talking about demolishing 100%, or substantially or virtually all of it, is it just the rear façade.  Mr. Pierson said it would be best to keep it simple, there hopefully can be points of negotiations.

Mr. Clapp was asked to revise the draft ordinance for the Committee to review and possibly introduce at the next meeting and before the final reading of the ordinance notification will go to each homeowner affected by the ordinance. 

ADMINISTRATOR REPORT

1.  Mr. Mountain corrected information he had given the Committee regarding the appropriations in the Ordinance introduced earlier in the meeting.

2.  Mr. Mountain referenced a proposal received for consulting services for a site needs study regarding the Conifer Drive tower.  The proposal from SSI is $1200 to respond to the request of Verizon.   Mayor Krieg noted that the Board of Adjustment passed the final resolution at their last meeting.  Ms. Florek reported that adequate language was included in that resolution to reserve space on the tower for the Township, but with no commitment by the Township.  Mr. Mountain asked the Committee if they want to spend $1200 to provide a final response to Verizon as to what our consultant feels the technical requirements are for what the Township is looking for on the tower.  Ms. Florek said her opinion is that, based on prior information, SSI doesn’t see the need based on what is going on with the emergency tower and with space in reserve, to do something now that has no basis of fact, is not advisable.  Mr. Phelan agreed why spend $1200 if the consultant has already determined that there is no value to the Township.   Mr. Phelan asked what they would be getting for $1200.  Mr. Mountain replied that they would be getting an answer to the question posed by Verizon for space that really doesn’t provide a great enhancement to what they already have.  He asked if the Committee wanted to continue with the response to Verizon or not.  Mr. Phelan asked if anyone has asked the consultant why it has no value.  Mr. Mountain replied that because of the location of that tower that the geographical location and the height of the tower when figured into the equation of what we’d already be getting through Horizon Drive only provided a modest enhancement to what the Horizon Drive work was already going to provide.   Mr. Pierson asked if they had mentioned potential utilization of space on the tower for the elementary and middle schools and/or recreation or some other community committee.   He said the Township would want the greatest height for emergency services on the Horizon Drive tower.  He said he hoped that anything we do or not do precludes use by those other entities.  Mr. Mountain said they tried to provide generic answers to Verizon, however, they wanted answers to very technical questions.  He asked if, at this point, we say to Verizon that we want the best space you can provide us but we are not prepared at this point to give technical responses.  Mr. Phelan said the Township has already determined that, from emergency services point of view, we don’t have a need.  He asked if we should find out what the need might be of educational services so a technical answer could be provided.  Ms. Florek said, in practical terms, what Verizon and the other carriers are going to do is divide up the best space on the tower and whatever is left is what would be given to the Township.  She said the base structures will be sized accordingly and that could potentially be a problem.  Mr. Phelan suggested, to protect a possible application, it might be prudent to get a detailed response from the consultant.  The Committee authorized the expenditure of $1200 to SSI for the study.

3.  Mr. Mountain received two proposals for the Brookside Firehouse design and the subcommittee, consisting of Mayor Krieg, Mr. Pierson, Mr. D’Emidio and Mr. Mountain, will be looking at those proposals.  They will also be meeting with representatives from Brookside Engine Co. and the First Aid Squad.  Following those subcommittee meetings, a recommendation will be made to the Township Committee.  Mr. Phelan asked how many proposals were sent out.  Mr. Mountain said seven were sent out and two received.  Mr. Phelan asked why the remaining five did not respond.  Mr. Mountain said they all stated that their workload and schedules did not allow them the opportunity to respond.  Mr. Phelan asked, of the five that did not respond, how many had expertise in this field.  Mr. Pierson said two or three of the five.  Mr. Phelan said that he understood that only one of the responding firms has expertise in the field.  Mr. Mountain said they both have experience with firehouses. 

4.  Mr. Mountain asked the Committee if they were interested in becoming associated with a newsletter, The Mendham Messenger.  This publication currently goes to Borough residents and is mostly paid for by sponsorships, with the Borough contributing some funding. The company that publishes the newsletter is asking if the Township would like to participate as well. The Committee asked to see examples before making any decision.

5.  Mr. Mountain asked the Committee to consider a resolution to proceed with the County Reverse 9-1-1 System.  

R2005-24

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      Marian Koste/concerns

2.      Mendham Township Open Space Committee/Potential Cuts in Deductions

3.      NJDOT/Approval of Ord. 15-2003/Weight Limits

4.      NJLM Fax Advisory (19)

5.      9^TH District Legislative Offices/Constitutional Convention Legislation (2)

6.      HPC to Board of Adjustment/35 Cold Hill Road

7.      Assemblyman Alex DeCroce/Property Tax Reform

8.      Morris County Freeholders/Emergency Rapid Notification System

9.      Morris Area Girl Scout Council/1000 Woman Hike

LEGISLATIVE REPORT

Mr. Pierson indicated the Committee has, in the past, supported A5269 and ACR 25 in the past and have received correspondence again asking support.  These bill address the issue of a constitutional convention.  Mr. Schrier said this legislation does not address the spending issue and noted correspondence from Assemblyman DeCroce requesting support.  The Committee members agreed to not offer a resolution of support.

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:  her suggestion for the definition of demolition, which was “the act of pulling down, destroying, moving or razing an historic building” and she thinks the number of terms used just becomes more for people to disagree about.  She addressed a concern of Ms. Florek about the information that is on file about a house.  She said each of those houses have a written description on file which is public record and she also thinks that the HPC has made it clear that each of the 209 houses do not have to go through a one-year delay.  It would depend on the condition of the house and the HPC does not expect to put a one-year delay on every one of those houses.   She also said there is a down-side to sending things out registered mail with return receipt requested because there is nobody home during the day in this town and/or people often refuse registered mail.

Mrs. Link asked why all the Committee’s discussions on the joint library are in closed session.  Mr. Clapp replied that there are contract negotiations discussed and that is a closed session item.

Pat Zimmerman, West Main Street:  she thinks sending registered mail might alarm people unnecessarily.

Marian Koste, Ironia Road:  referring to her recent memo, said she has not yet met with the Tree Protection Committee but will do so in March.

There being no others present 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 9:43 p.m   There was a discussion about the Township/Board of Education Lease Agreement/Excess Surplus;  Mayor Krieg updated the Committee on matters relating to the joint library;  Mr. Mountain gave an update on the Cable Television Public Access subcommittee’s proposal for consulting services; DPW personnel matters were discussed.  The acquisition of property and a road repair matter were addressed and approval was given for prior years’ credit toward LOSAP for a member of the First Aid Squad.

There being no other matters to come before the Committee, upon motion duly made and seconded the Committee returned to open session at 10:46 p.m.  Upon motion duly made and seconded the meeting adjourned at 10:46 p.m

Respectfully submitted: