MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

March 22, 2005

Mayor Krieg presented awards to the following Open Space Photo Contest winners:  First Place:  Nina Dunn;  Second Place:  David Ungar;  Third Place:  Nina Dunn;  Honorable Mention:  Ernie Maw;  First Place: Jr. Category:  John Stanton

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 – March 14, 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 4-2005 / Second Reading and Public Hearing

ordinance supplementing the land use ordinance of the township of mendham with a new chapter xxv entitled “historic preservation”

Mayor Krieg, noting changes to this ordinance recommended by the Planning Board in Resolution PB-05-04, in addition to other changes and questions regarding inclusion of certain properties on Schedule A to the ordinance, announced that the second reading would be held until further review. 

Mr. Pierson said one of the changes is that the number of copies needed for submission to the HPC will be reduced from eleven to six.  He also noted concern about the wording “suitable sketches” which is in section 25-6.2.  Mr. Clapp explained that the homeowner has the choice of providing an architectural drawing or a hand-drawn sketch.  Mr. Phelan asked why and when a site plan would be necessary.  Mayor Krieg noted that in the case of an addition to his garage he provided a sketch along with the building permit application.

Mr. Pierson also noted the Planning Board’s suggestion that a checklist be created and included in the ordinance as schedule D.   He said he was delighted to see so many people in attendance this evening, noting that some may be supportive of the ordinance, some may be confused by it and some may simply not like the ordinance.  He said the critical elements address alterations to a historic home, which is an advisory element and the demolition of a historic home that provides for a maximum delay of up to one year. 

Mayor Krieg said that he has seen non-historic homes in his neighborhood demolished after a process that took 9-12 months, so he feels the 1 year delay is not that onerous in comparison.

Upon motion duly made and seconded the meeting was opened to the public for comment on Ordinance 4-2005.

Ben Horowitz, 16 Roxiticus Road :  said he likes the general intent of the ordinance but what bothers him is the imposition of certain restrictions placed upon owners of historic homes.  He said the expenses associated with maintaining a historic home are substantial and he suggested the governing body consider a property tax credit for historic properties.  Mr. Clapp said federal and state tax law does not permit such tax credits.  He said the condition of the house has everything to do with its value and the Township Committee can’t grant tax breaks.

Sarah Dean Link, Tingley Road :  said that some people don’t realize that this ordinance has been discussed and revised extensively since 2003 and what is left is pretty conservative.  She feels it is time to go ahead with the ordinance.

Sigrid Franzblau (accompanied by law partner Jim Watt):  as the daughter of Mrs. J. Duncan Pitney, Ms. Franzblau said she has a personal interest in this ordinance.  She referred to a letter to the governing body from Stewart and Penny Pollock as it takes issue with the proposed ordinance.  She also feels that the ordinance is unnecessary.    Mr. Watt said that everyone agrees that preservation is a laudable effort, however it is costly and burdensome on a homeowner, especially the demolition element.   He said there is nothing in the law to prohibit the construction official from issuing a demolition permit following the statutory twenty-day period.  Mr. Clapp noted that this ordinance is a zoning ordinance and the Municipal Land Use Law provides for a full regulatory historic preservation commission.  He said this ordinance doesn’t call for a fully regulatory commission but one that only delays demolition.  Mr. Watt asked what happens during the year’s delay.   Mr. Clapp said that at the end of the year, if no other provisions are agreed upon, the homeowner does what he wants.

Mayor Krieg said he recently saw the demolition, in the Borough, of the Pariser’s home with no ordinance to prevent that; he also noted Harding Township ’s more stringent ordinance.   Mr. Watt said this should be a voluntary effort.   Ms. Franzblau said, if not for a broken foot, her mother would be here and agree.

Eric Mauriello, 4 Washington Valley Road :  said he purchased his home, which originally had been slated for demolition, two years ago.  He feels being on Schedule A adds value vs. being a detriment.

Mayor Krieg said he feels being on Schedule A adds value to a property.

John Zhang, 161 Mendham Road East (Alcott Manor):  asked if historic designation of a property has an impact on the recent reassessment.  Mr. Clapp responded that assessments are based upon fair market value; a zoning ordinance adds restrictions and may add value but there is no correlation and assessments are not directly influenced by an ordinance.

Mr. Zhang said he didn’t know his property was on Schedule A until he received the notification letter.  He said he is honored to be on the list, however, the original building, which used to be a farmhouse, burned down totally in 1930 and the new building was turned into a residence for seniors in 1970.  He asked if it still qualified to be honored by being on the list.   Mayor Krieg told Mr. Zhang to contact the Township if he would like the HPC to make a determination.

Christine Galvez, 71 Woodland Road :  doesn’t want to be on Schedule A.  She said her property has been incorrectly listed and it is her neighbor’s house that should be on the list.  She said her home is not the mid-to-late 19^th century house – it has a cinderblock foundation and she does not want another layer of regulations to go through especially if the intent is to make a property better.

Owen Carlin, 79 Ironia Road :  said he is here on behalf of his neighbor whose house is on Schedule A.  Mr. Carlin asked to what degree is the listing of a house, not in a historic district,

voluntary.  He said his neighbor’s house is truly historic, however, it has been modified so many times, and he asked what is the threshold value of an old house when it is no longer an “old house.”

Mayor Krieg said there are no restrictions except for the up-to-one year delay for demolition.

Rosemarie Nicholson, 52 Ironia Road : asked how Schedule A was compiled, by whom and what criteria was used.  She also asked what percentage of a structure had to be retained to be historic and what impact historic designation has upon market value.

Mayor Krieg asked Ray Nadaskay to respond.  Mr. Nadaskay said there is a long history in the USA of appreciating heritage.  He said architectural ingredients make a structure eligible to be listed on historic registers, association with a historic person or event is also criteria used.  He said a consultant was hired to work with Mr. Maw to identify structures contributing to a historic district.

Elaine Rastocky, 18 Calais Road (represented by Tom Murray):  asked how this property got on the list.  Mr. Murray indicated that the original home has been gone for a long time and the house that now stands on the property has been totally altered from the original.  He also pointed out that a barn burned down ten years ago.  He asked how a property could be removed from the list. Mrs. Rastocky asked about shortening the time frame for demolition because they have been trying to sell their house and the only potential buyer has indicated that they would demolish the house.  She asked how long a demolition permit remains valid.  Mr. Clapp said one year.  Mrs. Rastocky asked if they applied now for a demolition permit and the house is not sold within one year could that permit be renewed.  Mr. Clapp said that, if this ordinance was in effect at the time the demolition permit expired the ordinance would apply.

Marian Koste, 92 Ironia Road :  thanked those who have historic homes for maintaining the character of the community.  She thinks the one-year delay somewhat restrictive, but the HPC and the governing body have gone a long way, but nothing should be mandatory.  She feels the Township Committee is looking out for the best interests of the community and she would hate to see historic homes lost to demolition.

Mr. Schrier pointed out that the ordinance has a provision for an appeal for hardship situations.   He said they want to be fair about this and to protect the rights of homeowners and the character of the community.

Diane Weeks, 22 West Main Street;  said she served on community board #5 in Manhattan for five years and personally sat on historic designations and what is going on in this town would be declared unconstitutional and would invite a lawsuit.  She feels assessments of every property  listed in this ordinance should be immediately reduced.  She said she asked Mr. DelGuercio’s firm if they had considered the impact of this ordinance and they said what ordinance.  She said her house is in a historic district but is not a historic house and that makes a big difference. She suggested the Township get competent council familiar with the concepts. She noted that the   violation section makes this ordinance not advisory, but a mandate that will hurt people in their pocketbooks.  She said she looked up in the UCC the definitions of ordinary repair and maintenance, etc. and they were not defined.   She also pointed out that the requirement for 11 site plans is cost prohibited.  Mayor Krieg said that had been revised, as noted earlier in the meeting.   Ms. Weeks quoted the description of her house as contained in the Brookside Historic District and noted that the house has been so altered that it shouldn’t be included.  She asked the Township Committee to keep the Historic Preservation Committee strictly advisory and to not pass the proposal ordinance.

Sam Tolley, 15 Woodland Road :  read the letter that is attached hereto and made a part of these minutes.

Peter Cossman, 48 Tingley Road :  said he has been a resident of the Township for 30 years and has owned two historic homes.  He said he would be horrified at the thought of demolishing a historic house.  He feels having a home that is registered in the national register is a serious impediment to selling and also that when people own property they have the right to use it as they see fit.   He applauded the Committee for their efforts to preserve open space and to protect zoning by increasing lot size requirements in some areas, but he doesn’t think it fair to impose a burden on a few to preserve the character of the community.  He feels it is not reasonable to pass an ordinance that will severely restrict homeowners, noting that Mendham Township has been a community of neighbors, with most changes due to the construction of newer homes, not by alternations to historic homes.   He said there is no protection built into the zoning ordinance for the older homes and he is not impressed with the explanation of why homes were put on Schedule A.

Amy Sumner, 26 Washington Valley Road :  said she moved here in 1976 and went about making the house look as old as possible in order to fit in.  She said, although a historic register is difficult to get on, the homeowner should have some input.  She asked about hardship cases in which the designation may be an impediment to marketing; she feels no one would be interested in purchasing her house if they had to face a delay for demolition.

Mr. Schrier responded to an earlier reference about the tax burden for open space preservation, noting that the residents approved a referendum to preserve open space.

Ernie Maw, Buddy Lane :  said he is greatly opposed to this ordinance.  He said he has worked with other municipalities that have similar ordinances that haven’t been too productive.  He suggested continuing the process of having the Construction Official notify the HPC when he receives an application for demolition.  He said that process saved 12 structures.   He said the original intent of the HPC is to address preservation by education not regulation.

Jeffrey Gutzwiller, 121 Mosle Road :  offered a different perspective saying he moved here two years ago because of the quality of the historic neighborhood.  He said he sought an old house and any regulations would encourage, not discourage, preservation.

Nick Monaghan, 20 West Main Street :  said he looked up the definition of vernacular – it is architecture without historic importance.  He said he does not disagree with the idea of maintaining a historic house as it is, however, referring to the tree preservation ordinance, said he is opposed to that as reaching farther and farther into the property rights of individuals. He asked if a letter would be going out to those property owners on Schedule A explaining how to get off the list and what the criteria is to make that decision.

David Kaugher, 9 Leddell Road :  said he lives in an old home by choice and would not consider demolition.  He said people who come here to live in old homes do so for a reason.  He has some reservations about the ordinance and feels that it is the new homes that change the character of the community.  He doesn’t want to be penalized from a resale point of view and asked the Committee to rethink and come back with an advisory, not mandatory, ordinance.

Pat Zimmerman, 3 West Main :  said the Township has lost some historic homes, one of them being the farmhouse on what is now Coe Farm Lane .  She said it is important for roots and history to have regard for historic houses.   She said she is in favor of this ordinance.

Victor Kinon, 3 Woodland Road :  said he endorses saving old houses, but people have to do that for themselves and should not fall on a small population of the township.  He said historic home owners shouldn’t be singled out with the responsibility and he feels this ordinance is going in the wrong direction.

George DePompignon, 314 Mendham Road West :  said his house is a Sears Craftsman home and historic designation lowers the value and raises a red flag for purchasers. He would want to sell to someone who feels the same way as he does about older houses and would appreciate an advisory review for any external alternations, but not at a cost when selling.

There being no others present who asked to be heard, upon motion duly made and seconded the meeting was closed to the public.

Mr. Phelan said it was a great idea to go to the community and ask for comments on the proposed ordinance.  He said no decision would be made behind closed doors. He agrees with delaying the next step to a future meeting so that the Committee can evaluate the comments made this evening, meet with the HPC and determine is they are going in the right direction.

Mr. Schrier noted that the last time so many people attended a Township Committee meeting, the Committee was changing addresses.  He said the Committee would evaluate the comments heard tonight, including a review of the properties listed on Schedule A to determine which ones don’t belong.  He said the points made about the cost of maintaining historic homes are valid and some may accept that and some may want to get away from the burden. 

Ms. Florek said she spent the past weekend looking at the properties on Schedule A and she feels the Committee should look at their options.

Mr. Pierson agrees with the other members of the Township Committee and they have to find a way to not place a burden on the owners of historic houses.  He said anyone with property listed on Schedule A who doesn’t’ believe they should be listed should contact either Mr. Mountain or Mrs. Newell and the Committee and the HPC will meet to look at the ordinance from all angles.

Mayor Krieg stressed that if anyone feels their property is listed inappropriately should contact the Township.  He thinks the Committee is overwhelmed with comments and suggested they table the ordinance for further consideration.  He indicated that the property owners would be kept informed.

Mr. Schrier made a motion to table Ordinance 4-2005; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

NEW BUSINESS

1.  Resolution R2005-35

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 R2005-35;  Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

2.  Resolution R2005-36

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , CALLING FOR FULL

AND FAIR FUNDING IN THE EA-21 REAUTHORIZATION

            WHEREAS, New Jersey continues to rank last in the amount of federal tax dollars that are returned to their state of origin, and for every dollar that New Jersey citizens send to Washington, only sixty-five cents worth of federal services come back; and

            WHEREAS, this injustice has long been a problem, though when our economy was strong, we were better able to bear it, however the economic situation has intensified this problem for our State and its municipalities; and

            WHEREAS, investments in our infrastructure, which would help to revitalize our economy, have been indefinitely deferred; crucial positions, which could be filled from the ranks of our unemployed, are left vacant; and essential property tax relief funding from State government remains flat; and

            WHEREAS, as a result, our historic and unequaled over-dependence on regressive property taxes grows more and more severe; and

            WHEREAS, one priority of Congress, as it fashions the shape of TEA-21 reauthorization, should be to alleviate traffic congestion that is costing millions of dollars in lost productivity in many of the nation’s urban regions; and

            WHEREAS, even though local governments own and operate about 75% of the nation’s 4-million-mile highway and roadway network and about 300,000 bridges and

90% of the nation’s mass transit systems, when it comes time to make crucial transportation decisions, local officials have control of only six cents of every tax dollar in federal transportation spending.  State departments of transportation have nearly complete autonomy over transportation spending decisions; and

            WHEREAS, in New Jersey , municipal government maintains 25, 382 miles, or 70%, of the State’s total 36,175 miles.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to call upon Congress to support full and fair funding for TEA-21 reauthorization; and

            BE IT FURTHER RESOLVED that we do ask our delegation to work towards giving local officials direct access to, and flexibility in, the use of federal dollars commensurate with their responsibilities to police and  maintenance of roads, bridges, transit facilities and transit equipment; and

            BE IT FURTHER RESOLVED that the Township of Mendham recognizes the national imperative for a predictable long-term transportation reauthorization, that is adequately funded for the mobility and safety needs of the people, and that it supports the funding level of $318 billion over six years as set forth by S1072; and

            BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the New Jersey State League of Municipalities, Congressmen Frelinghuysen, Senators Corzine and Lautenberg and the Governor of the State of New Jersey .

Mr. Schrier made a motion to adopt R2005-36; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

3.  Resolution R2005-37

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , SUPPORTING THE COMMUNITY DEVELOPMENT PROGRAM AND URGING CONGRESS TO RESTORE ITS FUNDING

            WHEREAS, the Community Development Block Grant (CDBG) Program was enacted and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and

            WHEREAS, the CDBG Program has as it primary objective “the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income” and;

            WHEREAS, the CDBG Program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and

            WHEREAS, throughout its 30-year history, the CDBG Program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low and moderate income families; and

            WHEREAS, according to the Department of Housing and Urban Development (HUD), in FY 2004 CDBG provided funds for thousands of activities, assisting over 23 million persons and households.  These include expanding homeownership activities, improving infrastructure such as roads, water and sewer systems, libraries, community centers, adult daycare, childcare scholarships for children of low and moderate-income families, homeless housing facilities, employment training, transportation services, public housing modernization and historic preservation; and

            WHEREAS, the Township of Mendham has used CDBG funds in the amount of $129,940 to provide an elevator for Township Hall and for the rehabilitation of disposal fields for the Mendham East Wastewater Pollution Control System; and

            WHEREAS, the President’s FY 2006 budget proposes to completely eliminate the CDBG Program; and

            WHEREAS, such action will no longer enable cities, counties and states to meet their community development affordable housing and economic development needs.

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham hereby calls on the Congress to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development at a funding level of no less that $4.35 billion in formula funding in FY 2006.

Mr. Pierson made a motion to adopt R2005-37; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

4.  Resolution R2005-38

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING EMERGENCY TEMPORARY APPROPRIATIONS

            WHEREAS, an emergent condition has arisen with respect to a delayed introduction of the municipal budget and no adequate provision has been made in the 2005 temporary appropriations for the aforesaid purpose, and N.J.S> 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

            WHEREAS, the total emergency temporary resolutions adopted in the year 2005 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $650,568.98.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-20:

1.      An emergency temporary appropriation be and the same is hereby made for

2.      That said emergency temporary appropriation will be provided for in the 2005

budget under the title of:

3.      That one certified copy of this resolution be filed with the Director of the

Division of Local Government Services.

Mr. Schrier made a motion to adopt R2005-38; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2005-39

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , ADOPTING AMENDMENT TO AN EXISTING DEFERRED COMPENSATION PLAN AND SERVICE AGREEMENT

            WHEREAS, the Township of Mendham (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan’) effective for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

            WHEREAS,  the Employer by resolution retained [The Variable Annuity Life Insurance Company (“VALIC”)] as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

            WHEREAS, Internal Revenue Code Section 401(a)(31)(B) requires a Mandatory Distribution Amendment  to address the Plan’s compliance with the “automatic rollover” requirements of said Code.

            NOW, THEREFORE, BE IT RESOLVED that the Amendment to the Deferred Compensation Plan is hereby approved and adopted and the proper officer of the employer is hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment, the same to be effective as of March 28, 2005.

Mr. Schrier made a motion to adopt R2005-39; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

6.  R2005-40

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING ACTING CHIEF OF THE POLICE DEPARTMENT

            WHEREAS,  the Mendham Township Police Chief will be on sick leave for an extended period of time; and

            WHEREAS, it has been determined that, in the best interests of the day to day operation of the Police Department, Lt. Hughes should be appointed Acting Chief during the Police Chief’s extended absence; and

            WHEREAS, as Acting Chief, Lt. Hughes will have all the powers and duties of Chief of the Mendham Township Police Department.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that Lt. James Hughes be appointed Acting Chief of the Mendham Township Police Department for the period beginning April 5, 2005 until the return of the Chief of Police.

Mr. Phelan made a motion to adopt R2005-40; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

ADMINISTRATOR REPORT

1.  Mr. Mountain distributed for review the draft of the stormwater management plan.  He said the deadline for filing with the State is April 1 and he would like comments prior to that date.  He noted that the yard waste collection program is inaccurately reflected in the report and will be changed.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      First Energy/Agreement on Contract/Return to Full Service

2.      NJDEP/Grant Application for activities Tier A NJPDES

3.      NJLM Mayors Fax Advisory (2)

4.   NJLM Mayors E-News Alert/Constitutional Convention Legislation

Mr. Pierson asked Mr. Mountain to follow up on correspondence received from Mr. Horn regarding the Morris Area Girl Scout Camp in Jockey Hollow.

Mayor Krieg noted a NJLM Fax Advisory regarding the constitutional convention and asked if the Committee had an interest in a resolution of opposition.  Mayor Krieg said he was disturbed

to read that the legislature wants and is willing to take anything off the table to promote passage.   The Committee agreed to consider a draft from the point of view that nothing should be taken off the table. 

Mr. Pierson referred to a notice about a Sierra Club public meeting to discuss the fast track legislation.  He said he is willing to endorse a resolution asking for repeal of the legislation.  Mr. Schrier said the Freeholders may consider a resolution that offers alternative language and he will provide the draft to the Committee for consideration.

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, 3 West Main Street :  noted that a barn they built on their property is included in the Brookside Historic District and she also asked if Mr. Clapp would comment on Ms. Weeks’ comments on the proposed historic ordinance.

Mr. Clapp said Mr. Nadaskay was correct;  Ms. Weeks didn’t read the regulations regarding the registration of homes.  He also said the definition of repair, etc., is in the Uniform Construction Code.

Mr. Krieg asked Mr. Clapp if the proposed ordinance would stand up to legal scrutiny.  Mr. Clapp replied that it would.

Marian Koste, 92 Ironia Road :  said that once again she is frustrated by the actions of a neighbor.  She said she tried to stop a subdivision of adjacent property and now the neighbor on the other side of her property continues to cause drainage issues that impact her property.  She said the neighbor is coming before the Board of Adjustment for a variance to teardown an existing home while building a new home.   She said there is no protection in place to deal with the effects of the tree removal and has had to involve the Morris County Soil Conservation District once again.  She said the roadway is torn up and she is looking for assistance with follow up.  She feels the Tree Protection Committee needs more restrictions.  It is costing her money to go to court.   She said her neighbor is not living in the existing home, which is what he is going to the Board of Adjustment for permission to do and he is using that structure as a construction office.  She complained about construction equipment on the neighboring property and about the neighbor using that equipment on Sundays.

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 10:17 p.m.   Police Chief Costanza met with the Committee to discuss initial steps in the design of a new police headquarters.   A police personnel matter was also discussed.

The Committee discussed architectural proposals for the Brookside Firehouse design.  References are being checked and Mr. Mountain recommended a budget amount that includes the total site plan.

Mayor Krieg reported on a conversation he had with the president of the Board of Education.  He also brought the members of the Committee up to date on a recent meeting regarding the regional high school district.

Upon motion duly made and seconded the Committee returned to open session at 11:08 p.m.   There being no