MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

March 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. Schrier, Ms. Florek

                                                 Absent:          Mr. Phelan

                                       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 – February 22, 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 2-2005 – Second Reading and Public Hearing

ordinance affirming concurrence with the local government cap law, n.j.s. 40a:4-45.1 et seq

Upon motion duly made and seconded the meeting was opened to the public.  No one 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 2-2005; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

2.  Ordinance 3-2005 – 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 $96,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $34,200 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 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 3-2005; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

Mayor Krieg congratulated Maria Vogel-Short of the Observer Tribune for her prize-winning article about redistricting of the regional high school.

HEARING PERSONS PRESENT

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

Jim Julian, representing the Brookrace Homeowners’ Association:  said the Brookrace Homeowners’ Association has, for the past 18 months, conducted a water quality study concerning Lake Terese and asked if they could present that study to the Township Committee at a future date.  He said their purpose of conducting the study is an effort to improve the water quality as the lake is a water basin for a large area that includes portions of both the Township and the Borough of Mendham.   The Committee agreed that they would be interested in hearing a presentation and would like to invite the Upper Raritan Watershed Association, the Raritan Highlands Compact and the Township Environmental Commission to join them for the presentation.

Peggy Patton, 2 Cold Hill Road :  told of moving to Mendham Township from Philadelphia in 1979 and in an effort to acquaint herself with the area, visited the Mendham Township Library where she was warmly welcomed by Sarah Dean Link who was then the librarian.  Mrs. Patton said that was the first real welcome she received to the community and she has had an association with the library ever since by volunteering, serving on the Friends Board of Trustees and participating in fundraising activities.  She said she loves the Library and the social interaction that it fosters.  She said it is very upsetting to her to hear that the Library will be moved and while understanding the financial and space problems she urged the Committee to reconsider their support of the move.  She feels that the Library is the heart of the community, giving an example of the first graders, each year, walking as a class to the Library so that each one could be issued their own library card. 

Mayor Krieg responded that “you are preaching to the choir.”  He said the Committee had originally proposed a new library in Brookside , however, a petition against building a new library was signed by 200 people.  

Mrs. Patton asked how far along the plans are for the new library.  Mayor Krieg said they are close to finalizing the land donation and an architect has been selected.  Mrs. Patton asked Mayor Krieg why, if he agrees that the library should not be moved, can’t he do something to prevent that from happening.  Mayor Krieg said an agreement has been signed that commits the Township to participate in the funding.  Mrs. Patton predicted that no one from Brookside will go to the new facility.

Mr. Pierson said there were many debates over the library and more wanted it to move than to stay.  Mrs. Patton responded that the library has to be in the Township, not on the other side of the Borough and she also noted that the Borough library has not been successful.

Mr. Schrier said there are some contingencies attached to the project and all have not been met, so “the door is still ajar.”

Mrs. Patton said she feels bad for the children who would walk to the library and work there.  She said she would write a generous check to a library here but not for one in the Borough.

Ed Aversenti, 18 Carriage Hill Drive :  asked the Committee to reach a decision regarding the Masefield Subdivision as it involves an eminent domain issue on his property.  He said the property is on the market and because of this matter, one sale has been lost and he doesn’t want to lose another. 

Mr. Pierson said if the Planning Board approves the subdivision with the extension of Wright Lane to Carriage Hill Drive , the governing body would then have to decide whether to negotiate for the small portion of Mr. Aversenti’s property.  He indicated that the Planning Board is waiting to hear from the fire department and once that happens the application should move quickly.

Frank Cioppettini, 6 Wright Lane :  referred to his correspondence of January 2005 in which he asked the Township Committee to adopt an amendment to the lot size averaging ordinance.  He asked Mr. Clapp if a municipality has the right to amend an ordinance when an application, applicable to that particular ordinance, is before the Planning Board.  Mr. Clapp answered that the governing body can, if it sees fit, and also has the right not to act.  Mr. Cioppettini said the Supreme Court upheld the right to amend an ordinance in a NJ case.  Mr. Clapp said the municipality can change an ordinance with a matter pending.

Mr. Cioppettini quoted the Township Master Plan as it addresses the goals of preserving the rural character of the Township and the protection of water resources.  He said, from what he sees, the governing body has always considered and acted upon the consensus of the public.  He said a group of 60-70 of his neighbors signed a petition asking for an amendment to the lot size averaging ordinance and he asked the governing body to join with them on the matter.  He said the neighbors don’t want the development as it is now and they have worked out compromises with the developer.  He asked the Committee to work with them to resolve the matter to everyone’s satisfaction.

Russell McCabe, 16 Carriage Hill Drive :  said there is an impassioned consensus in the neighborhood on this matter.  He said there is a need to address the issue of condemnation when appropriate.  He said they are not anti-development but want it done in conjunction with the community.  He feels that the condemnation process to acquire a very small sliver of land will cost the Township an extremely large amount of money.

Mayor Krieg replied that the Committee will be advised by the planning board in order to make an informed decision. 

Mr. McCabe said he can understand both Mr. Aversenti’s and Mr. Masefield’s positions and would like to see the core issues addressed.

Mr. Pierson said he would like to see if the through street is in everyone’s best interest.  He noted that the Township Fire Official has yet to testify before the planning board.

Mr. McCabe suggested that the Committee needs to communicate more directly with the community and assure the residents that their concerns are being heard.

Mr. Pierson responded that the planning board is a group of the most experienced and dedicated volunteers and are taking all aspects into consideration.

No others asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

At this point in the meeting Police Chief Costanza presented Exceptional Duty Awards to Sgt. Vito Abrusci and Sgt. Steven Crawford.  He noted that 2004 was a banner year for arrests. Through diligent hard work and keen observation, Sgt. Abrusci made seventeen DWI arrests and Sgt. Crawford made ten felony arrests.  Chief Costanza also noted that everyone in the Department is doing a fine job and he anticipates that 2005 will be as productive as 2004.

NEW BUSINESS

1.  Resolution R2005-28

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 R2005-28; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

2.  Resolution R2005-29

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPROVING LOSAP ELIGIBILITY LIST

            WHEREAS, Ordinance 12-1999, adopted by the Township Committee of the Township of Mendham on August 18, 1999, created a Length of Service Award Plan (LOSAP) in order to reward members of the volunteer Mendham Township Fire Department and Mendham Township First Aid Squad; and

            WHEREAS, each year, emergency service organizations participating in a LOSAP must certify to the governing body an annual list of all volunteer members who have qualified for credit under the LOSAP program for the previous year; and

            WHEREAS, the Ralston Engine Company No. 1, the Brookside Engine Company No. 1 and the Mendham Township First Aid Squad have provided the Township Committee with the required lists of all members who have qualified for LOSAP credit for the year 2004 and those lists are attached hereto and made a part of this resolution.

            WHEREAS, the aforementioned lists have been reviewed and approved by the Township Committee.

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Mendham , that the eligibility lists attached to this resolution are approved

And will be posted in accordance with Chapter 388 of the Laws of 1997.

Mr. Schrier made a motion to adopt R2005-29; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

3.  Resolution R2005-30

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING SEASONAL EMPLOYEE TO THE DEPARTMENT OF PUBLIC WORKS

            WHEREAS, a need has arisen for a seasonal employee in the Department of Public Works; and

            WHEREAS, it is the recommendation of the Superintendent of the Department of Public Works that Lee Barnes be hired as a seasonal employee in the Department of Public Works.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that Lee Barnes be hired as a seasonal employee in the Department of Public Works at an hourly salary of $12.00 effective March 1, 2005 .

Mr. Pierson made a motion to adopt R2005-30; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

4.  Resolution R2005-31

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING RISK MANAGEMENT CONSULTANT

            WHEREAS the Township of Mendham is a member of the New Jersey Municipal Joint Insurance Fund; and

            WHEREAS, the bylaws of the New Jersey Municipal Joint Insurance Fund requires member municipalities to obtain professional risk management consulting services; and

            WHEREAS, Richard E. Allocca of Wachovia Insurance Services Agency, Inc. has presented a proposal to the Township for Risk Management Consulting Services; and

            WHEREAS, the Township Committee has approved the proposal offered by Wachovia Insurance Services, Inc.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that the Risk Management Consultant Agreement between the Township of Mendham and Wachovia Insurance Services Agency, Inc. is hereby approved and the Mayor is authorized to execute the Agreement, a copy of which is attached to and made a part of this Resolution.

Mr. Schrier made a motion to adopt R2005-31; Mr. Florek seconded the motion.

ROLL CALL – All present voted YES.

Mayor Krieg asked if the Township has realized a savings as a result of having the Risk Management Consultant.  Mr. Mountain indicated that savings of time as well as financial have be accomplished.

5.  Resolution R2005-32

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58

            WHEREAS, there appears to be insufficient funds in the following 2004

appropriations to meet the demands thereon for the balance of the year:

            WHEREAS, there appears to be a surplus in the following 2004 appropriations over and above the demand deemed to be necessary for the balance of the year:

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands.

            BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers:

To:   

From: