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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
February 9, 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. D’Emidio, Mr. Krieg
Absent:
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 –
January 27, 2004
– Mr. Schrier made a motion to approve these
minutes as written; Mr. Krieg seconded the motion.
Mr. Phelan noted a correction to be made on page 3 – to strike the word
“not” in his reference to other municipalities experiencing problems with
dispatching services. ROLL CALL –
All present voted YES to the corrected minutes.
OLD BUSINESS
1. Ordinance 1-2004/Second
Reading
and Public Hearing / Bond Ordinance / Sewer Disposal
Bed
Design
2. Ordinance
2-2004/Second
Reading
and Public Hearing / Bond Ordinance /Emergency
Communications
System Design
Mr. Phelan made a motion to carry the public hearings on
Ordinances 1-2004 and 2-2004; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
3. Ordinance
3-2004/Second
Reading
and Public Hearing
an ordinance of the
township
of
mendham
providing for the purchase of
miscellaneous vehicle equipment for the mendham township police department and
appropriating $20,000 from capital surplus and $10,000 from reserve for police
equipment
Upon motion duly made and seconded the meeting was opened
to the public for comment on Ordinance 3-2004.
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 3-2004; Mr.
Krieg seconded the motion.
ROLL CALL – All present voted YES.
Mr. Schrier noted that the $10,000 appropriated from
reserve for police equipment had been received as a donation from a resident and
he commended the resident for the generous donation.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Leslie Allen, 12 Conifer Drive; said she was here along
with many of her neighbors to present a petition urging the Township Committee
to request that the Supreme Court of New Jersey review the matter of the cell
tower decision.
Mayor Pierson agreed that the decision is troubling, noting
the FCC Act never contemplated putting a tower in someone’s backyard where a
property owner would profit while the value of neighboring properties is
jeopardized.
Joe Crimmins,
5 Conifer Drive
: asked what options are available
in light of the decision and if there is any recourse at this time.
Mr. Clapp said the Township Committee would discuss this in
closed session. He said a notice of
petition to request the Supreme Court to hear the matter has to be filed by
February 18 and it would have to be something that interests the court.
He said the Township Committee can consider such a petition and advise
the Board of Adjustment which is the Board that must file the petition.
Mayor Pierson suggested that if the Township goes ahead
with a petition to the Supreme Court the neighbors could join with the Township
if they want to do so.
Ms. Allen asked if they should go to the Board of
Adjustment also.
Mayor Pierson said it would be good to make their feelings
known. He continued that since Judge
Stanton’s ruling the Township Committee and their consultants have been
seeking an alternative location and examples of that are the County property at
300 Mendham Road
and property within Lewis Morris Park between
Sunrise
Lake
and
Corey Lane
. He said that the attorneys for the
applicant didn’t think those locations would work due to Green Acres issues.
Mike Gaito,
9 Conifer Drive
: asked what would cause the
Township Committee to not pursue this matter with the Supreme Court.
Mayor Pierson replied that the Township Committee always
discusses litigation in closed session.
Horst Braumann, 16 Glen Gary Drive: said that the worse
case scenario is that all this hinges on the owner of the subject property and
he suggested that, from a homeowner’s point of view, the property values of
neighboring properties would be reduced by more than the anticipated income to
the host property and it might be worth the neighbors collectively offering to
buy out the contract between Verizon and the owner of the host property.
Mayor Pierson stated that the Township would support any
approach to the property owner by a group but the Township would not be in a
position to do so.
Mr. Phelan added that such a contract would not be that
easy to break.
Jerry Marcum,
18 Conifer Drive
: suggested that the property owner
may have been willing to initially get out of a contract with Verizon but became
upset with the Township because he was unable to subdivide.
Mayor Pierson said the Township went through a year and a
half study of its master plan and as a result some larger properties were
upzoned to protect water sources.
Mr. D’Emidio said that the application to the Board of
Adjustment by Verizon probably predated the rezoning by several years.
Mr. Marcum said he would be willing to break a contract for
a cell tower for a 10-12 home subdivision.
Mr. Schrier said that Mr. D’Emidio is correct about the
application process and noted that the property owner never appeared at any of
the Board of Adjustment hearings and has only appeared at Township Committee
meetings occasionally to complain about the budget after it has been adopted.
He also noted that the Township Committee has looked for other sites
based upon Judge Stanton’s ruling.
Mr. Marcum said he has a friend who is familiar with this
subject and would look over the case and perhaps see something that has not been
addressed.
Mike Gaito,
9 Conifer Drive
: said that at a Planning Board meeting there was discussion regarding the
subject property owner’s understanding that he can acquire most of an
adjoining property.
Mr. Clapp responded that that is a civil matter.
Mr. Gaito said that there should be a way for interested
parties to see the contract between Verizon and the property owner.
Mayor Pierson asked Mr. Mountain to contact the attorney
for the Board of Adjustment regarding whether the contract is available for
public inspection.
Linda Nissink,
11 Conifer Drive
: asked if there is any precedent
for land use.
Mr. Clapp responded that the application to the Board of
Adjustment was necessitated because a cell tower was not a permitted use of
residential property. He noted that
under the law communication takes precedence over other laws.
Ms. Nissink said from an environmental standpoint there
could be issues in the future.
Mr. Clapp said that if health problems occur a person could
institute a law suit against the phone companies.
John Cumming,
14 Conifer Drive
: said that there has always been
some confusion regarding the access to the subject property from the cul-de-sac
at the end of Conifer. He said there
was a time when the property was accessed by a right-of-way from
Mendham Road
. He suggested there should be
considerations given to the operation of a commercial site (tower) from the
Conifer Drive
cul-de-sac.
Russ Schuren,
4 Conifer Drive
: said that it appears that
everything has been done that could be to prevent the tower and he thanked the
Township Committee for their efforts. He
said he would appreciate any efforts in regulating access by construction
vehicles.
Kathy Owens,
6 Conifer Drive
: asked how they could find out the
status of a petition to the Supreme Court.
Mayor Pierson said a decision must be made within the window of time established
by the courts and once a decision is made it would be public.
He suggested they contact the Board of Adjustment for a status report
Mr. Phelan said that after the Township Committee discusses
the matter in closed session, and a
decision is made regarding going ahead with a petition to the Supreme Court,
they will return to open session. If
any interested parties are still here they will hear the decision, otherwise,
they can call Township Hall tomorrow for information.
Ms. Allen asked if there are any rare endangered species on
the property.
Mr. Clapp said if there were it would be significant.
Fred Lappin,
3 Conifer Drive
: asked about any noise
restrictions.
Mayor Pierson said he is not aware of any noise associated with the tower.
Mr. Lappin suggested there would be noise from a generator.
Mayor Pierson said that should only be used when power goes
out. He said he was involved with
the tower in Mendham Borough and only a backup generator is used.
He said there may be noise associated with construction of the facility.
Jan Shurter,
10 Conifer Drive
: said there is a clicking sound
that comes out of the tower in the Borough.
Mr. Krieg said he has only been on the Township Committee
for one year and has never seen such resolve as exhibited by the Township
Committee relative to this issue. He
stated that they are 100% trying to preclude this tower from being sited on
Conifer Drive
.
There being no others present who wished to be heard, upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
1. Introduction
of the 2004 Municipal Budget
Mr. Phelan, as Chairman of the Finance Committee, thanked
the Township Committee as well as Mr. Mountain and Ms. Webster for the time
spent over the past several months reviewing the proposed budget.
Mr. Mountain gave an overview of the budget noting a 1.5
cent increase in the municipal tax rate, that being the first increase in the
municipal rate in seven years. He
pointed out that rising insurance and utility costs along with other capital
related items impact the need for the increase.
Mr. Schrier pointed out that the press release about the
budget should note that while there is an increase for the first time in seven
years, it should also be noted that this is only the second increase over the
past 13 years.
Mr. Phelan made a motion to introduce the 2004 Municipal
Budget with the public hearing and adoption to be scheduled for
March 8, 2004
; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
2. Ordinance
5-2004 – First
Reading
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
Mr. D’Emidio made a motion to adopt Ordinance 5-2004 upon
first reading with second reading and public hearing to be scheduled for
February 24, 2004
; Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 5-2004 is attached hereto and made a
part hereof.
3. Ordinance
6-2004 – First
Reading
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
Mr. Schrier made a motion to adopt Ordinance 6-2004 upon
first reading with second reading and public hearing to be scheduled for
February 24, 2004
; Mr. Phelan seconded the motion.
ROLL CALL -
All present voted YES.
A copy of Ordinance 6-2004 is attached hereto and made a
part hereof.
4. Resolution R2004-26
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. Krieg made a motion to adopt R2004-26; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
5. Resolution
R2004-27
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AWARDING CONTRACT TO ERNEST DEL GUERCIO FOR A REASSESSMENT OF THE
TOWNSHIP
OF
MENDHAM
WHEREAS, the Township of Mendham is required by order of the Morris
County Board of Taxation to undertake a reassessment program to ascertain the
true values of lands, buildings and other improvements within the Township for
tax assessment purposes for the 2005 tax year; and
WHEREAS, the Township prepared a Contract for Revaluation Program and
submitted Specifications for Revaluation of Real Property in the Township of
Mendham to numerous firms approved for the performance of revaluation programs;
and
WHEREAS, the Township received one response for a Revaluation which met
the Township contract specifications as follows:
Proposal By
Amount of Base Proposal
Cole Layer Trumble Company
$170,800.00
223 Retford Lane
West Chester
,
PA
19380
WHEREAS, the Township also received a proposal from the Township Tax
Assessor to perform a Reassessment which met the Township Contract
specifications as follows:
Ernest Del Guercio
$149,500.00
WHEREAS, the Township Administrator has recommended that the Township
Committee award a contract for the reassessment program to Ernest Del Guercio;
and
WHEREAS, the Township Chief Financial Officer has issued a certificate
designating the appropriation to which the contract will be properly charged and
stating that adequate funds are available under said appropriation for payment
of the contract price, and a copy of said certificate is attached hereto and
made a part of this Resolution; and
WHEREAS, the Township Attorney has issued a statement that he is
satisfied that a proper certificate as to the availability of funds has been
provided by the Township Chief Financial Officer as required by law, and a copy
of said statement is attached hereto and made a part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
A contract for a complete reassessment program of real property in
the
Township of Mendham for the use of the Municipal Assessor
is hereby awarded to Ernest Del Guercio upon his proposal in the base amount of
$150,000.00, such contract to be in the form marked Appendix A and attached to
this Resolution, which set forth the charges to be made for any additional
properties and for expert services in connection with appeals to the Tax Court
of New Jersey, if required.
2.
The Mayor is hereby authorized and directed to execute the
contract
authorized by Paragraph 1 of this Resolution between the
Township and Ernest Del Guercio and the Township Clerk is hereby authorized and
directed to attest such contract and to affix the corporate seal thereto, and
when so executed and attested the contract shall be a valid and legally binding
obligation of the Township in accordance with the terms thereof, and the proper
officials of the Township are hereby authorized and directed to make and perform
any and all acts necessary to carry out such agreement.
3.
Payment by the Township to Ernest Del Guercio pursuant to the
contract
authorized by this Resolution shall be from the following
appropriation:
ORDINANCE 5-2004
AN ORDINANCE OF
THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
,
NEW
JERSEY
, AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION FOR
REASSESSMENT OF THE
TOWNSHIP
OF
MENDHAM
4.
Certified copies of this Resolution shall be forwarded by the
Township Clerk
to Ernest Del Guercio.
5.
Following execution of the contract authorized by this Resolution,
a fully
executed copy shall be forwarded by the Township Clerk to
the Director, Division of Taxation, New Jersey Department of the Treasury, CN
240,
Trenton
,
New Jersey
08646
together with a request for review and approval.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING THE TOWNSHIP ADMINISTRATOR’S
SIGNATURE
ON
THE WQM-003 CONSENT FORM IN THE TREATMENT WORKS APPROVAL APPLICATION NO.
04-0085 TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
WHEREAS, the Township of Mendham
has submitted a treatment works approval application to the State of New Jersey
Department of Environmental Protection, Municipal Finance and Construction
Element, Division of Water Quality for the Mendham East Wastewater Treatment
Plant; and
WHER EAS. A WQM-003 Consent Form –
Section A1 is required as part of the approval application noted above.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, that
Stephen
P.
Mountain
, Township Administrator, is hereby authorized to sign the WQM-003 Consent Form
on behalf of the
Township
of
Mendham
.
Mr. Schrier made a motion to adopt R2004-28; Mr. D’Emidio
seconded the motion.
ROLL CALL – All present voted YES.
7. Discussion
of Emergency Communications System Proposal
Mr. Mountain asked for comments from members of the
Township Committee that he could communicate to the consultant.
Mayor Pierson asked if comments had been received from Tom Zellman
regarding the SSI recommendation. He
said he was aghast at the cost and would like to look at Mr. Krieg’s
suggestion of using two separate towers, the first at low band and a second one
at high band which could significantly improve communications.
Mr. Phelan said that SSI is very good at what they do,
however he would recommend that they come in one more time to discuss Mr.
Krieg’s suggested plan.
Mayor Pierson said he would like to hear Mr. Zellman’s
point of view of SSI’s final draft.
Mr. Phelan said that Mr. Zellman had solid data that the
proposal would work but he would like to get input first and also needs clarity
regarding frequency issues.
Mayor Pierson suggested that Mr. Zellman and members of the
fire department communications committee be asked to listen in at an early March
meeting with SSI.
Mr. Phelan said that remedial action regarding
Washington
Township
should be discussed during closed session.
8. Mr. Schrier
asked for clarification of items on the January report of the Police Department.
Chief Costanza clarified those items for Mr. Schrier.
Mr. Schrier asked Chief Costanza for the status of the hands-free phone
law. Chief Costanza said that is a
secondary offense until July. Mr. Phelan noted the large number of failure to
inspect violations and asked Chief Costanza to comment.
Chief Costanza said that is a common offense.
Mr. D’Emidio asked if the police department has a problem with too many
high school aged children in one car. Chief
Costanza replied that is hard to find because they have no legal right to stop a
car because of the number of people in it.
ADMINISTRATOR REPORT
1. Mr. Mountain
noted feedback from the Planning Board regarding the two road vacation requests.
He has asked the Township Engineer to prepare the metes and bounds for an
ordinance to be introduced in March.
2. Mr. Mountain
reported that he and Mayor Pierson attended a meeting of the Raritan Highlands
Compact and a draft inter-municipal cooperative agreement has been distributed.
This will be scheduled for the next meeting, possibly for approval at
that time. Mayor Pierson said this
was initiated by Morris 2000 and covers the Mendhams, the Chesters,
Washington
Township
, and perhaps will include Roxbury and
Mt.
Olive
.
3. Mr. Mountain
referenced the septic system analysis prepared for the Municipal Complex by the
Township Engineer. Mr.
Phelan said they need all the facts. He
asked why no test holes were done in front of or on the east side of Township
Hall. Mr. Mountain will ask Mr.
Balut about that and also if there is any value in looking at the existing
system for the Police Headquarters. It
was also asked if a new septic system would be necessary if the existing
footprint of the firehouse was used for a new firehouse?
Clarification from Mr. Balut will be requested on that and also on
several possible locations for the firehouse.
Mayor Pierson suggested that Mr. Mountain begin to draft specifications
in preparation for accepting bids on a new firehouse.
Mr. Phelan disagreed, saying that they first need to know what is going
to happen regarding Police Headquarters and Township Hall.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Morris
County
Agriculture Development Board/Seeking Member from Township
2.
Dr. Prema Prasad/Interested in Association with Township
3.
NJDEP/Municipal Stormwater Regulation Program Requirements
4.
County
of
Morris OEM/Requirements
met for 2003 Grant Program
5.
Morris
County
Board of Freeholders/Highlands Task Force
6.
ANJEC/Smart Growth Planning Assistance Grants
7.
ANJEC/Highlands Resolution
8.
Congressman Frelinghuysen/ Suspension of Mail Delivery to Capitol
Hill
9.
NJSLOM/Mayors Fax Advisory/Support Families of Soldiers
Re #7: The Committee considered the following resolution:
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, IN SUPPORT OF EFFORTS TO PRESERVE
THE HIGHLANDS REGION
WHEREAS, the Highlands region, encompassing lands in New Jersey, New
York, Pennsylvania and Connecticut, is recognized as a landscape of national
significance because of its critical natural resources, scenic beauty,
substantial recreational opportunities and numerous cultural and historic sites;
and
WHEREAS, important ground and surface water sources within this region
supply drinking water to more than four million people in New Jersey and
Highlands reservoirs are especially important because of their ability to store
water for use during critical times, such as prolonged drought; and the majority
of municipalities located in the Highlands are solely dependent on groundwater
for their water supplies; and
WHEREAS, the New Jersey Highlands has critical natural resources under
threat from sprawling development as reflected in the “USFS NY-NJ Highlands
Regional Study: 2002 Update” that determined that over 5,000 acres of land
were developed each year in the NY-NJ Highlands between 1995 and 2000 and that
continuation of those trends would have significant adverse impact on both water
quantity and quality; and
Whereas, the NJ Highlands region is recognized as a “Special Resource
Area” in the 2001 State Development and Redevelopment Plan and nearly 70% of
the Highlands is mapped as Environmentally Sensitive, yet less than 23% of the
region is permanently protected; and
WHEREAS, Federal, state, local and private studies have identified
350,000 acres of critical lands that need increased protection to safeguard the
water and other natural resources of the Highlands, and that acquisition alone
will be unable to protect these 350,000 acres; and
WHEREAS, local planning, in which 87 municipalities and seven counties
each individually set goals and priorities for the portions of the Highlands
within their boundaries, is unlikely to offer the comprehensive approach
necessary to protect the natural resources, and in particular the water
resources, of the Highlands;
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the
Township
of
Mendham
supports:
Preservation or protection of the approximately 350,000 acres of critical
lands necessary to safeguard the water and other natural resources of the
Highlands; and
An inclusive process with meaningful input and participation from
Highlands’ municipalities to create a regional plan for the Highlands to
identify the critical watershed and open space lands that should be preserved or
protected, and appropriate locations for future growth; and
Creation of a regional planning body, with representation from
Highlands
’ communities, to ensure that the regional
plan is implemented effectively, including measures to ensure fiscal fairness to
Highlands
’ communities.
Mr. Phelan made a motion to adopt this Resolution
(R2003-29); Mayor Pierson seconded the motion.
ROLL CALL – All present voted YES.
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 Committee went into
closed session at
9:28 p.m.
The Police Consolidation matter was
discussed. Mr. Krieg reported on the
Joint Library Committee. The
Township Committee discussed the process for filing the petition to the Supreme
Court relative to the cell tower decision. Correspondence
about the Recreation/Beach was reviewed.
Upon motion duly made and seconded the Committee returned
to open session at
10:44 p.m.
There being no other matters to come before the Committee,
the meeting adjourned at
10:45 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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