MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

March 23, 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

                                                                        Stephen 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 – March 15, 2004 – Mr. Krieg made a motion to approve these minutes as written; Mr. Schrier seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS

Mayor Pierson asked Mr. Mountain if the annual reports of the fire companies have been received yet.  Mr. Mountain answered that the reports have not been submitted as of this date.

HEARING PERSONS PRESENT

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

Sarah Dean Link, Tingley Road :  said that people have asked her about the tree protection ordinance and what could be done to make it more effective in protecting the forest areas.  The ordinance defines a heritage tree as one 24” or more in diameter and she suggests that be changed to 18” or more in diameter.  She noted a property that has been clear-cut and another possibility.  Mayor Pierson asked Mrs. Link to ask the members of the tree protection committee to put a request in writing to the Township Committee for an amendment to the ordinance.   Mr. Krieg asked Mrs. Link if the tree protection committee would like to see the buffer area increased and did the property in question leave the appropriate buffer zone.  Mrs. Link said what was done on the property in question was within the current ordinance.  Mr. Schrier asked if anyone was aware of any other instances of clear cutting.  Mrs. Link was not aware but would like the tree protection committee to put together a report of clear-cut properties.

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.  Discussion of the Library of the Mendhams Interlocal Agreement.  Mr. Mountain distributed the Agreement that contains the changes suggested by the Committee. 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING EXECUTION OF INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF MENDHAM

            WHEREAS, the Township of Mendham and the Borough of Mendham desire to enter into an Interlocal Services Agreement addressing various issues including capital contributions, funding, and the ownership, management and lease of land known as a portion of Block 1801, Lt 16, as shown on the Tax Map of the Borough of Mendham so that the Library of the Mendhams, a non-profit corporation of the State of New Jersey, can construct and maintain a library facility thereon for use by the citizens of both municipalities; 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 Borough of Mendham and the Township of Mendham, which agreement addresses capital contributions, funding, and the ownership, management and lease of a portion of Block 1801, Lot 16 so that it can be used by the Library of the Mendhams for the construction and maintenance of a joint library facility.

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 New Jersey 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. Phelan made a motion to adopt R2004-44; Mr. Krieg seconded the motion.

Mr. Schrier asked what happens when the joint library doesn’t have enough funding from the two municipalities.  Mr. Krieg said they would work towards the trust for funding.  He said they also would go to the two governing bodies with their budget as well as have an annual fundraising program.  Mr. Schrier asked what would happen if there was not enough funding from all sources and Mr. Krieg said they would then have to consider shortening the hours of operation or asking the municipalities for more money.   Mr. Krieg referred to comments by Mrs. Link in a newspaper article and he shares her concern regarding the proposed size and funding issues.

All present voted YES on R2004-44.

2.  Resolution R2004-41

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM ,  IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING PARTICIPATION IN THE STATE DEVELOPMENT AND REDEVELOPMENT PLAN CROSS-ACCEPTANCE PROCESS

            WHEREAS, the State Planning Act of 1985 (N.J.S.A. 52:18A-196 et. seq.) created a State Planning Commission and an Office of Smart Growth for the purpose of establishing a cooperative planning process that involves the full participation of state, county and local governments; and

            WHEREAS, the State Planning Act states that New Jersey needs integrated and coordinated planning in order to conserve its natural resources, to revitalize its urban centers, to provide affordable housing and adequate public facilities at a reasonable cost, to promote equal social and economic opportunity for New Jersey’s citizens, and to prevent sprawl and promote the suitable use of land; and

            WHEREAS, the primary duty and responsibility of the State Planning Commission under the State Planning Act is the preparation of a “State Development and Redevelopment Plan;” and

            WHEREAS, the State Planning Act also provides that the State’s municipalities are to have an essential role in the development of the State Plan through their participation in the Cross-acceptance process to be conducted under the Act; and

            WHEREAS, the Cross-acceptance process is the primary vehicle under the Act for promoting vertical coordination and integration of state, county and local plans by affording county and municipal governments a full and open opportunity to be involved in reconciling inconsistencies between state and local policies; and

            WHEREAS, the Board of Chosen Freeholders of Morris County has concluded that it is appropriate, necessary and in the County’s interest to fully participate in the development of the State Plan through the full and active participation of the County government, including in particular its Planning Board and its Department of Planning in the Cross-acceptance process; and

            WHEREAS, the Governing Body of the Township of Mendham has concluded that it is appropriate, necessary and in the municipality’s interest to fully participate in the development of the State Plan through the full and active participation of the Municipal government, including in particular its Planning Board and its Department of Planning in the Cross-acceptance process.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , as follows:

1.      That the Township of Mendham Planning Board is hereby authorized and directed to carry out the Cross-acceptance process pursuant to the State Planning Act, N.J.S.A. 52:18-196 et. seq. and the State Planning Rules, N.J.A.C. 17:32 and any other rules promulgated by the State Planning Commission for this purpose;

2.      That the Township of Mendham Planning Board shall coordinate with the County or Negotiating Entity in their preparation of a proposed work program and schedule for municipal and county Cross-acceptance and Negotiating Entity shall submit said work program and schedule to the New Jersey Office of Smart Growth by June 5, 2004;

3.      That all other Township of Mendham Departments and Agencies shall cooperate with the Township and County Planning Boards or Negotiating Entity and provide

information and furnish such documents as may be required.

Mr. Schrier indicated that there would be no conflict between what is authorized by this resolution and the pending Highlands legislation; one is entirely separate from the other even though there may be some overlap for some municipalities, however, not for Mendham Township.

Mr. Schrier made a motion to adopt R2004-41; Mr. Phelan seconded the motion.

3.  Resolution R2004-42

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , EXTENDING CONGRATULATIONS TO

THOMAS MARCHELLO COSENTINO  

UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

WHEREAS, Thomas Marchello Cosentino has attained the rank of Eagle Scout; and

WHEREAS, Thomas Marchello Cosentino  will be honored for this achievement at a Court of Honor on March 28, 2004 ; and

WHEREAS, the Township Committee of the Township of Mendham recognizes the extraordinary dedication and professionalism Thomas Marchello Cosentino 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 Thomas Marchello Cosentino upon his attainment of the rank of Eagle Scout and to wish him success in all his future endeavors.

Mr. Schrier made a motion to adopt R2004-42; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

4.  Resolution R2004-43

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 R2004-43; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5.  Ordinance 8-2004 – First Reading

bond ordinance providing for various capital improvements of the township of mendham, in the county of morris, new jersey, appropriating the aggregate amount of $1,014,000 therefor and authorizing the issuance of $808,950 bonds or notes of the township to finance part of the cost thereof

Mr. Schrier made a motion to adopt Ordinance 8-2004 upon first reading with second reading and public hearing to be scheduled for April 12, 2004 ; Mr. Phelan seconded the motion.

ROLL CALL – Mr. Phelan, Mr. Schrier, Mr. Krieg and Mayor Pierson voted YES.

6.  Two raffle applications were approved for the Mendham Township Home and School Association their event on June 5, 2004 .

7.  Mayor Pierson referred to a request from a property owner to re-zone a small portion of property bordering on Randolph Township .  The Committee agreed with Mayor Pierson that approval of this request would be perceived as spot zoning and open the Township up to criticism.  Mr. Clapp was instructed to reply in the negative on behalf of the Township Committee.

8.  Mayor Pierson noted model ordinances received from the Whippany River Watershed that address, among other topics, the feeding of waterfowl.  (FYI – the Township has an ordinance that prohibits the feeding of waterfowl in any Township park)

9.  Mayor Pierson noted in the inventories of breathing apparatus received from the two fire companies it appears that there are more Scott than MSA type apparatus and additional input from the companies will be necessary before any decision regarding which type is to become the standard. 

10.  Mayor Pierson referred to the concern about parking at the Ralston Firehouse that was brought up by Lt. Oswald of the Mendham Township First Aid Squad.  The Committee discussed the pro’s and con’s of enacting an ordinance enabling the police to enforce parking regulations at Ralston and also at Brookside , including the handicapped spaces by Township Hall.  The Committee agreed to research how many spaces would be needed in the different locations and whether or not to include Brookside at this time because of the future redesigning of the municipal complex.

11.  Mayor Pierson said he talked with Assemblyman Merkt and Senator Bucco regarding the proposed legislation that supports a constitutional convention.  He said, in his opinion, the legislation may be harmful to the residents of the Township and the Committee agreed that more information is needed before they would consider endorsing the legislation.

ADMINISTRATOR REPORT

1.  Mr. Mountain said he would be out of town for the May 25, 2004 meeting and asked the Committee if they would like to reschedule that meeting.  The Committee decided not to reschedule the meeting.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      Whippany River Watershed Action Committee/Model Ordinances & Funding

2.      Ten Towns Great Swamp Watershed Management Committee/Model Ordinance

3.      Township of Morris to Division of Consumer Affairs/Great Swamp Watershed Association Spending of Funds

Mr. Schrier noted that the Township contributes to the Ten Towns Great Swamp Watershed Association and asked if any Committee members were concerned about the misuse of funds.  (item #3)  No one had any concerns.

LEGISLATIVE REPORT

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.  No one present 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 8:49 p.m.  Police personnel matters were discussed.   Correspondence relating to acquisition of property will be forwarded to the chair of the Open Space Committee.  Potential litigation and the status of the cell tower litigation were discussed.

Upon motion duly made and seconded the Committee returned to open session at 9:30 p.m.  With no other business to come before the Committee, upon motion duly made and seconded the meeting adjourned at 9:30 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

Attachments:

Approved Bill List

Ordinance 8-2004

Ordinance 8-2004

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,014,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $808,950 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF

            BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1.        The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Mendham, New Jersey as general improvements.  For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $1,014,000, including the aggregate sum of $205,050 as the several down payments for the improvements or purposes required by the Local Bond Law and capital surplus appropriation as set forth in Section 3. The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

Section 2.        In order to finance the cost of the several improvements or purposes not covered by application of the several down payments or capital surplus appropriations, negotiable bonds are hereby authorized to be issued in the principal amount of $808,950 pursuant to the Local Bond Law.  In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3.        The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the down payments and the capital surplus appropriations, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:

Section 4.        All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer.  The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made.  Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5.        The capital budget of the Township of Mendham is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

Section 6.        The following additional matters are hereby determined, declared, recited and stated:

            (a)        The purposes described in Section 3 of this bond ordinance are not current expenses.  They are all improvements that the Township may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.

            (b)        The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 11.1 years.

            (c)        The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $808,950, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

            (d)        An aggregate amount not exceeding $202,800 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.

Section 7.        Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 8.        The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township.  The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.  In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 9.        The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.