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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
February 24, 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. Krieg
Absent:
Mr. D’Emidio
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
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 –
February 9, 2004
The following corrections were noted to the
minutes of February 9, 2004: In Mr. Clapp’s response to question about option
available in light of cell tower decision – second sentence – add notice
of petition; In Mr. Clapp’s response to question regarding
endangered species on subject property – Mr. Clapp said if there were
it would be significant ; Mayor Pierson’s response to question
about noise restrictions – Mayor Pierson said he is not aware of any noise associated
with the tower.
Mr. Krieg made a motion to approve these
minutes as corrected; Mr. Schrier seconded the motion. ROLL CALL – All present
voted YES.
Presentation of Honorable Service Medal to Sgt. Vito Abrusci
– Chief Costanza
presented Sgt. Abrusci with the Mendham Township Police Department Honorable
Service Medal in recognition of his service to the community. Chief Costanza
noted that Sgt. Abrusci has, through his diligence, made many DWI and
drug-related arrests resulting in a significant amount of illegal substances
being removed from circulation.
OLD BUSINESS
1. Ordinance 1-2004 – Second
Reading
and Public Hearing
BOND
ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $95,000 FOR PRELIMINARY
PLANNING AND DESIGN WORK FOR THE IMPROVEMENT OF THE MENDHAM EAST SEWER PLANT IN
AND 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.
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. Schrier made a motion to adopt Ordinance 1-2004; Mr.
Phelan seconded the motion.
ROLL CALL – All present voted YES.
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.
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. Schrier made a motion to adopt Ordinance 2-2004; Mr.
Phelan seconded the motion.
ROLL CALL – All present voted YES.
3. Ordinance 4-2004 – Second
Reading
and Public Hearing
ORDINANCE AMENDING CHAPTER V, ANIMAL CONTROL, 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. Schrier made a motion to adopt Ordinance 4-2004; Mr.
Krieg seconded the motion.
ROLL CALL – All present voted YES.
4. Ordinance 5-2004 – Second
Reading
and Public Hearing
AN ORDINANCE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION FOR A REASSESSMENT OF THE
TOWNSHIP
OF
MENDHAM
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. Schrier made a motion to adopt Ordinance 5-2004; Mr.
Krieg seconded the motion.
ROLL CALL – All present voted YES.
5. Ordinance 6-2004 – Second
Reading
and Public Hearing
BOND ORDINANCE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
AMENDING THE ROAD GARAGE PROJECT DESCRIPTION IN BOND ORDINANCE #1-2003,
PROVIDING A SUPPLEMENTAL APPROPRIATION OF $15,000 AUTHORIZING THE ISSUANCE OF
$14,250 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. Phelan made a motion to adopt Ordinance 6-2004; Mr.
Schrier seconded the motion.
ROLL CALL – All present voted YES.
Mayor Pierson reported that he spoke with Mr. D’Emidio
today and, while still quite uncomfortable, he is on the way to a full recovery
following surgery. He said Mr. D’Emidio sends his regrets at not being at the
meeting this evening.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
George McKinnell,
28 W. Main Street
: on behalf of the members of Brookside Engine Company No. 1, read the
following:
“
Dear
Township
Committee:
The Members of the Brookside Engine Company would like
to go on record in asking that everything be done to try to save the house at
4 W. Main Street
. As you know, this house currently houses three firemen, two of whom are
also members of the First Aid Squad, one an EMT and one a paramedic. Should we
lose this facility our response time and manpower availability could be
negatively affected. We realize that you are doing what you can to continue
providing this housing, but we wanted to go on record so that everyone
understands how important this is to us.”
Mr. Phelan said that he had not attended the meeting of the
fire department, however, it is his understanding that the relocation of the
firehouse was to be at the rear of the property. Now, with preliminary studies
indicating the need to plan for an above ground septic system in the area where
the firehouse would go, the request to keep the house at 4 W. Main seems to be
in conflict with the desire to have a new firehouse if the septic system and/or
the firehouse has to be located on the property at 4 W. Main.
Mr. McKinnell said the firehouse is the top priority,
noting that the new septic system might be incorporated into the expansion of
Township Hall in addition to the firehouse.
Mr. Phelan said as long as the fire department is aware of
the constraints that must be considered in order to accomplish the objectives,
the Township Committee is conscious of the need for housing for volunteer
emergency service providers,
Mr. Schrier asked Mr. McKinnell if it was a fair statement
to say that the fire department is interested in maintaining housing for their
members at
4 W. Main Street
or another similar facility? Mr. McKinnell said another facility would not be a
problem, however the proximity of 4 W.
Main
to the firehouse is ideal.
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. Presentation by the Library of the Mendhams (LotM)
Henry Roe, President of the LotM Board, assisted by Jeff
Rich, gave a power point presentation outlining the activities to date of the
LotM Board. He reviewed the various steps that have been taken, including
community roundtables, visits to other recently built or expanded libraries,
interviews with and hiring of a consultant and fundraising activities and
projections. He also addressed funding both for building and ongoing operations
of a joint library. He presented a timeline beginning with an interlocal
agreement between the Borough and Township followed by land acquisition and a
groundbreaking by September 2005 and completion by late 2006. He stressed the
need for a capital campaign and said that coupled with a positive community
support base and a solid municipal partnership would lead to meeting the
objective of a Library of the Mendhams.
Mayor Pierson said he is happy to see the range of
contributions projected from the Borough and Township at between $2.5 and $3.5
million. Mayor Pierson also noted that a smaller than originally projected
facility may be necessary if fundraising doesn’t meet expectations. Mr. Roe
agreed, saying that they need to move forward with the project and do what needs
to be done to get the facility built. He said that they are going to start
soliciting some larger gifts and stressed the need to continue to educate the
public regarding contributions.
Mr. Schrier asked if the Board has begun the search for
architects and if they are considering local architects? Mr. Roe said they do
have a number of local architects but feels it is probably safer to rule out
those. He said they have identified several with significant experience with
libraries that are in the NJ/Northeast area.
Mr. Schrier asked if the facility would be designed to
considered the needs of the next 5-10 years? Mr. Roe said that the consultant
say 12,000-15,000 s.f. is optimum and would be sufficient for many years to
come. Mr. Phelan asked if the design would take into consideration future
expansion. Mr. Roe said it would. Mr. Schrier asked why, if Mendham Township is
not predicted to grow more than fifteen percent over the next ten years, a
facility to expand beyond the needs of the next 5-10 years is necessary. Mr. Roe
replied that the communities may decide to expand the project at some point to
include meeting rooms.
Mr. Krieg said he is concerned that the list he saw did not
include any architects from
New Jersey
. It was pointed out that four are from PA, one from NY and one from NJ.
Mr. Schrier asked if there had been any serious concerns
among neighbors to the proposed location of the new facility? Mr. Roe said that
initially those involved in discussions were neutral or a little bit opposed,
however, ultimately they left the discussions happy with the facility.
2. Discussion – Raritan Highlands Compact
Mayor Pierson referred to a draft Intermunicipal
Cooperative Agreement for the Raritan Highlands Company that has been
distributed to the Township Committee. Mr. Schrier said he is in favor of the
compact as the best way to protect watershed areas with control remaining in the
hands of local officials. He suggested moving ahead with the agreement. Mayor
Pierson said that this agreement would put the member municipalities in a better
position to “talk with a stronger voice.” He estimated the initial cost
between $1,000-$1,500 per municipality. He also said there are model ordinances
that would require very little changes to Township ordinances. Mr. Krieg asked
Mr. Schrier if there are any negatives towards this compact from the
Highlands
group? Mr. Schrier said there are no negatives.
3. Discussion – Septic Analysis – Municipal
Complex/Firehouse
Mr. Mountain addressed some questions that arose during a
previous discussion of the analysis. He explained that no tests were done on the
north and east sides of Township Hall because those locations are within a flood
plain as delineated in the study done by Mr. Balut and Mr. Aubin. He said no
tests were done at the Police Headquarters site because that area is severely
limited by stream and setback constraints. Mr. Phelan said that if there are no
changes to Police Headquarters then there would be no need to alter the septic
system for that building, and if the Police Dept. is relocated that building
could be a potential residence for the occupants of 4 W. Main Street which may
have to be removed to locate the septic system for a new firehouse. He asked if
a new septic system for the firehouse would also accommodate a relocated Police
Dept. Mayor Pierson responded not if they disturb less than ¼ acre with no
additional impervious surface in a one acre area. Mayor Pierson said there is
still hope that a merger will go through between the Borough and Township Police
and that would impact what is done with the municipal complex. Mr. Phelan
stressed that to discuss municipal needs without knowing the whole is not
prudent. Mr. Mountain said that in doing design work for a specific element of
the complex one must have room for the other elements as well. Mayor Pierson
said they should consider hiring an architect to do a site plan and suggested
asking Greg Somjen to come in to discuss a site plan for parking, traffic and
perhaps a retention basin based upon the location of the firehouse.
4. Discussion of proposed Fire Lane Ordinance
Mr. Clapp said the Fire Official requested an ordinance to
set forth design standards for fire lanes. He said the State Fire Code provides
that the Fire Official designates locations of fire lanes on private property.
Mr. Clapp had previously provided a draft ordinance for review by the Township
Committee. He noted that the draft contains a provision for enforcement by the
Police Department and he said that is unusual. Mr. Schrier asked how enforcement
is handled now. Mr. Clapp said the Fire Official writes a summons that is heard
in Municipal Court. Mr. Phelan asked why the enforcement section is different in
the draft and he feels it is inappropriate for the Police Department to enforce
the ordinance. Mr. Mountain said that the Fire Official felt that a police
presence would be more effective. The Committee agreed that the enforcement
should remain with the Fire Official, not the Police Department. Mr. Clapp will
prepare an ordinance for introduction at the next meeting.
5. Resolution R2004-30
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. Schrier made a motion to adopt R2004-30; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
6. Resolution R2004-31
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
ADOPTING PERSONNEL POLICIES AND PROCEDURES
WHEREAS, it is
the policy of Mendham Township to treat employees and prospective employees in a
manner consistent with all applicable employment laws and regulations including,
but not limited to Title VII of the Civil Rights Act of 1964, as amended by the
Equal Opportunity Act of 1972, the Age Discrimination in Employment Act, the
Equal Pay for Equal Work Act, the Fair Labor Standards Act, the New Jersey Law
Against Discrimination, the Americans with Disabilities Act, the Family and
Medical Leave Act, the Conscientious Employee Protection Act, the Public
Employee Occupational Safety and Health Act, (the New Jersey Civil Service Act,)
(the New Jersey Attorney General’s guidelines with respect to Police
Department personnel matters,) the New Jersey Workers Compensation Act, the
Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Open
Public Meeting Act; and
WHEREAS,
the Township Committee has determined that there is a need for personnel
policies and procedures to ensure that employees and prospective employees are
treated in a manner consistent with these laws and regulations.
NOW, THEREFORE,
BE IT RESOLVED by the Township Committee that the Personnel Policies and
Procedures Manual attached hereto is hereby adopted.
BE IT FURTHER
RESOLVED that these personnel policies and procedures shall apply to all
Township officials, appointees, employees, volunteers and independent
contractors. In the event there is a conflict between these rules and any
collective bargaining agreement, personnel services contract or Federal or State
law, the terms and conditions of that contract or law shall prevail. In all
other cases, these policies and procedures shall prevail.
BE IT FURTHER
RESOLVED that this manual is intended to provide guidelines covering public
service by Township employees and is not a contract. The provisions of this
manual may be amended and supplemented from time to time without notice and at
the sole discretion of the Township Committee.
BE IT FURTHER
RESOLVED that to the maximum extent permitted by law, employment practices for
the Township shall operate under the legal doctrine known as “employment at
will.”
BE IT FURTHER
RESOLVED that Roger S. Clapp from the Firm, Cooper, Rose & English is hereby
appointed as Employment Attorney to advise the Township in personnel matters.
BE IT FURTHER
RESOLVED that the Township Administrator and all managerial/supervisory
personnel are responsible for these employment practices. The Personnel
Administrator (Township Clerk) and the (Employment Attorney) shall assist the
Township Administrator in the implementation of the policies and procedures in
this manual.
Mr. Phelan made a motion to adopt R2004-31; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
(Mr. Phelan left the meeting at this point)
7. Summary of Deer Harvest
Mayor Pierson reported on the activities of the deer hunt
in Township parks during late 2003 – early 2004. A total of 178 deer were
harvested, 92 with bow & Arrow and 86 with shotgun.
ADMINISTRATOR REPORT
1. Mr. Mountain provided a status report regarding the
Township’s compliance with the statewide storm water management regulations.
He said the Township will appeal being categorized as a Tier A municipality.
2. Mr. Mountain reported that the Township Historian has
requested some changes in the original budget request. Mr. Mountain said that
the Historian can use the approved budget amount at his own discretion.
3. Mr. Mountain reviewed a memo from Brookside Engine
Company that requested a revision of their original capital budget submission.
They suggest reducing the amount requested for SCBA’s and increasing the
communications request in the same amount. The Committee approved the request.
Mayor Pierson suggested the following resolution:
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, SUPPORTING SENATE BILL S-128 THAT WOULD PROHIBIT PUNITIVE DAMAGE AWARDS
AGAINST MUNICIPALITIES AND MUNICIPAL EMPLOYEES ACTING WITHIN THE SCOPE OF
AUTHORITY
WHEREAS, Senate Bill S-128 clarifies that punitive damages against
municipalities and municipal employees acting within the scope of their
authority may not be awarded against public entities in any action; and
WHEREAS, the Township of Mendham has concerns regarding the issues of
awards of punitive damages against municipalities and their employees and the
potential negative impact on municipal revenue as well as the taxpayers.
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 supports the passage of Senate Bill S-128 for the
reasons set forth herein and urges all municipalities in the State to resolve to
support passage of S-128, as well as its Assembly companion Bill A-939.
2.
The Township Clerk is hereby directed to forward certified copies
of this Resolution to 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 this Resolution (
R2004-32); Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Paul H. Ciancimino/appreciation for assistance with neighborhood
issue
2.
Jefferson Township/Shared Technology Roundtable (
4/28/04
)
3.
NJSLM/Fax Advisory (6)
4.
Michael L. Mouber, Esq./
Mt.
Laurel
–Invitation to Participate
5.
NJSLM/Highlands Task Force/Committee
6.
Richard Merkt to DEP/Township Permit Application
7.
John M. Mills to Woodland Lakes, Inc./request for survey
8.
Township
of
Roxbury
to NJDOT / weight restriction ordinances
9.
NJSLM/Legislative Bulletin
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
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