MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

April 12, 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

                                                                        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 – Mr. Krieg made a motion to approve these minutes with one noted correction; Mr. Phelan seconded the motion.  ROLL CALL – All present voted YES.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING ANTHONY FONDACO TO THE POSITION OF SERGEANT IN THE MENDHAM TOWNSHIP POLICE DEPARTMENT

            WHEREAS, the Township Committee of the Township of Mendham has determined that it is necessary and appropriate to increase the number of Sergeants in the Mendham Township Police Department; and

            WHEREAS, Chapter IV of the Rules and Regulations of the Mendham Township Police Department sets forth provisions regarding the promotion of members of the Department; and

            WHEREAS, in accordance with the provisions of Chapter IV, Patrolmen have been examined and considered for promotion to the position of Sergeant.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that Anthony Fondaco is hereby promoted to the position of Sergeant in the Mendham Township Police Department.

Mr. Phelan made a motion to adopt R2004-45; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

The Oath of Office was administered to Sgt. Fondaco with Mayor Pierson holding the Bible.  Chief Costanza gave congratulatory remarks.

Present to preview the Mendham Township Elementary Schools Budget were Superintendent of Schools Dr. Frank Fehn, Business Administrator Kevin Cartotto, Ray Johnson, Marcia Peters and Janet Richards, Board of Education Members.  Dr. Fehn and Mr. Cartotto gave a power point presentation that included the mission statement, a curriculum overview, educational program enhancements and financial presentations.  Revenue sources were noted, as was an analysis of budget expenditures.  The ballot question for the April 20^th School Election asks for $10, 798,106 to be raised for the General Fund.

Mr. Phelan asked about the funding mechanism for certain expenditures such as radios and why they were not included in the capital appropriation.  Mr. Cartotto explained that the radios were not a capital expense.  Mayor Pierson noted that the Daily Record, in a recent article, said that the school budget if adopted would result in an average increase of $361 for a home assessed at $500,000.  Dr. Fehn clarified that the increase would be $45 per $100,000 of assessed value, thereby a home assessed at $500,000 would see an increase of $225.  Mayor Pierson asked if the teachers’ contract had been settled.  Dr. Fehn said the lump sum amount has been settled but the formula for dividing the 4.5% increase has not been.  Mr. Schrier feels that there are many long time residents of the Township who find the school tax portion punitive, however, he understands that the core curriculum standards must be met.  Mr. Schrier asked if the impact on the taxpayers was considered when the budget was drafted.  Dr. Fehn replied that the process includes balances such as keeping low class size with no expansion of programs.  Mr. Krieg asked about increase in enrollment and staff.  Dr. Fehn said no new teachers would be hired for next school year.  Mayor Pierson asked about the new construction schedule.  Dr. Fehn indicated that hopefully they would be ready to begin May 1 and plan an aggressive summer schedule.  Mr. D’Emidio noted that the cost is being driven up because of the cost of materials.

Present to preview the West Morris Regional High School District Budget were Business Administrator Doug Pechanec and Board of Education Members Meg Berlin and John Notte.  Topics of review included budget goals, enrollment trends, program and technology improvements and planning for growth.  Capital projects were noted.  Major sources of budget increases and expenditures were identified.  SAT scores and how they compare to other regional districts were detailed.  Sources of revenue, including competitive grants received, were noted and the tax impact by municipality was shown. 

Mayor Pierson noted the 4.5% increase negotiated for the teachers’ contract, noting that he is troubled by this issue.  He said that the Township taxpayers clearly suffer and suggested looking to alternative funding mechanisms.   Mr. Krieg said that one concern he has heard from Township residents is the inequality of funding between the Mendhams and Chesters and Washington Township .    Mr. Schrier said he liked the presentation and noted that the debt service for the regional district is almost the same as for the local schools.  He said he would like to see a special election at the General Election to address a change in the funding for the regional district.   Mr. Krieg asked about the International Baccalaureate program and said he heard that some students drop out due to the time constraints and not being able to participate in other activities.

OLD BUSINESS

1.  Ordinance 7-2004/Second Reading and Public Hearing

ORDINANCE SUPPLEMENTING CHAPTER XXVIII, FIRE PREVENTION AND PROTECTION, OF THE MENDHAM TOWNSHIP ORDINANCE CODE WITH A NEW SECTION 28-3 ENTITLED “FIRE LANES”.

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

Mr. Phelan made a motion to adopt Ordinance 7-2004; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

2.  Ordinance 8-2004/Second Reading and Public Hearing

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

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

Mr. D’Emidio made a motion to adopt Ordinance 8-2004; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

HEARING PERSONS PRESENT

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

Sarah Dean Link, Tingley Road :  said she went to the public hearing on the Highlands legislation and there were hundreds of people there, many opposed and/or misunderstanding  what the legislation is all about.  She said because of overcrowding of the meeting place, she was unable to present her comments and asked if the Township Committee would be ok with her sending her comments to Senators Martin and Smith.  The Committee agreed that she should send her comments.

Mayor Pierson said that local legislators seem to be incensed with the legislation and if the Governor can get this legislation passed in a short timeframe he should get credit for it.

Mrs. Link said that the Environmental Commission does support the legislation.

Mr. Phelan asked about the map.  Mayor Pierson said it is not in final form yet but the draft did show the core area and Mendham Township is not in the core area.  He said that of the area roughly one third is developed, one third is already protected and one third is in question. 

Mr. Schrier said that the Highlands issue is not a new thing and the response would be the same if brought by a republican governor.  He said the Highlands is defined by science, the Army Corp of Engineers and natural characteristics.  He said it is the best aquifer in the state but that is being diminished with each development.  He said this legislation is moving fast because the Governor wants it to happen and in the end it will be something that the people of this state want and need.  Mayor Pierson asked Mr. Schrier about dedicated funding for the Highlands .  Mr. Schrier said to take legislation that is going forward and amend it to provide funding, results its failure.  Mr. Krieg said he heard a builder from Harding talking about this on talk radio and was surprised to hear that on a national program.  Mr. Schrier said that four states have highlands municipalities and four areas in NJ are in the core area where preservation would eliminate development and the approximately one third of the area that would be developable will be limited if water sources are preserved.  He also said that the planning area restrictions are voluntary and there is a provision for towns/landowners to be compensated.

Mrs. Link said she understood the map would be made public this week and she thinks that the Governor picked a first rate DEP Commissioner.

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.  Mr. Mountain reviewed his meeting with SSI with Tom Zellman of the County and the

County is still interested in utilizing the tower on Horizon Drive .  The Township should request, through the County Administrator , a meeting with the Sheriff, Mr. Zellman, and a representative from the Freeholder Board.   There was discussion concerning communications with Washington Township and Mr. Phelan would like to have a meeting as soon as possible.  Mr. Krieg reported, at the Board of Adjustment hearing, Verizon offered space for equipment in their facility.  Mr. Phelan said it is not clear how that location fits into the equation and SSI was never asked to look at that from a technical point of view.  Mr. Mountain will contact SSI to ascertain what they feel that location can do for the Township.

2.  Ordinance 9-2004 – First Reading

bond ordinance providing for the improvement of the sewer plant in and by the township of mendham, in the county of morris, new jersey, appropriating $1,585,000 therefor, including $100,000 available as a community development block grant and $450,000 available from capital reserve, and authorizing the issuance of $1,035,000 bonds or notes of the township to finance part of the cost thereof

Mr. Phelan made a motion to adopt Ordinance 9-2004 upon first reading with second reading and public hearing to be scheduled for April 27, 2004 ; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

3.  Discussion of Lot Size Averaging Ordinance. Mr. Clapp explained that a question, asking if open space dedicated to a non-profit could be credited towards meeting the requirements of the lot size averaging ordinance, had been brought to the Planning Board.  The Planning Board discussed the matter and found that a non-profit would be acceptable and if the non-profit were to go out of business the property would revert to the Township.  Mr. D’Emidio added that the easement could go to another non-profit rather than the Township.  The Committee instructed Mr. Clapp to prepare a draft ordinance for their consideration.

4. R2004-46

RESOLUTIONOF 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 Steven Dipple 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 Steven Dipple be hired as a seasonal employee in the Department of Public Works at an hourly salary of $12.00 effective April 13, 2004 .

Mr. Schrier made a motion to adopt R2004-46; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2004-47

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING PARTICIPATION IN THE RARITAN HIGHLANDS COMPACT INTERMUNICIPAL COOPERATIVE AGREEMENT

            WHEREAS, Chester Borough, Chester Township, Mendham Borough, Mendham Township, Mount Arlington Borough, Mount Olive Township, Randolph Township, Roxbury Township, Washington Township (Morris), and Morris County hereinafter collectively referred to as “The Raritan Highlands Compact” have certain acreage of their municipalities located with the Raritan River Watershed in the Highlands as defined by the NY-NJ Highlands Regional Study and the New Jersey State Development and Redevelopment Plan; and

            WHEREAS, representatives of the Raritan Highlands Compact have prepared an agreement entitled “Raritan Highlands Compact Intermunicipal Cooperative Agreement” to establish a process for the member municipalities to establish a common and comprehensive watershed model and a set of model regulations and operating practices.

            WHEREAS, the Township of Mendham wishes to participate in this cooperative endeavor; and

            WHEREAS, payment of the annual dues in the amount of $1500 is authorized.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that participation in the Raritan Highlands Compact Intermunicipal Cooperative Agreement is authorized and payment of the annual dues in the amount of $1500 is also authorized.

Mr. Schrier made a motion to adopt R2004-47; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2004-48

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                                    [  ] contract negotiations

  [  ]   acquisition of property   [x] litigation

  [  ]  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. D’Emidio made a motion to adopt R2004-48; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

7.  Mr. Schrier made a recommendation for a joint referendum to request a change in the regional high school district funding mechanism to be on the November ballot. Mayor Pierson said this may not be the appropriate time but they could begin to develop language for a referendum.

(Mr. D’Emidio left the meeting at this point)

Mr. Krieg said it would be a good idea, if the school budget should fail, to have an auditor ready to take an in-depth look at the whole financial picture.

ADMINISTRATOR REPORT

1.  Mr. Mountain reported that Greg Somjen provided a concept plan for he and Mayor Pierson to look at and then a more limited concept plan will be brought to the whole Committee and Brookside Fire Company in several weeks.

2.  Mr. Mountain noted the need to possibly look into replacing the microphones in the meeting room.  Mr. Phelan suggested considering an alternative to the current vendor.

3.  Mr. Mountain said that he has a proposal of $7500 from Applied Water to review the wastewater plan amendment that includes the Jockey Hollow Girl Scout Camp project prior to the Township’s endorsement of the plan.  Mr. Mountain will contact the Girl Scout Council regarding their paying for the review.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      NJSLOM/Mayors Fax Advisory (6); Washington Watch;Legislative Bulletin

2.      Whippany River Watershed Action Committee 4/13 Agenda

3.      Assemblyman Merkt/Highlands Legislation

4.      Morris County Agriculture Development Board/Annual Report

5.      NJDCA/RSIS

6.      MTM Site Consulting Group/Verizon Wireless

7.      Morris County Board of Freeholders/Participation in Cross-Acceptance; Public Hearing to Amend Land Development Standards of Morris County ; Highlands Update Meeting

8.      SMCMUA/Five Party Agreement

Mr. Schrier commented on Assemblyman Merkt’s letter regarding the Highlands Legislation.  He said it is not moving as fast as it may appear to be but should be passed by the end of the current legislative session.

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, W. Main Street :  referring to an earlier conversation where it was noted that Verizon had offered the Township space for emergency communications equipment, Mrs. Zimmerman asked about letting the Board of Adjustment know what would be needed in the equipment shelter at the Conifer Drive tower site.  Mr. Mountain will follow up.

There being no others present who 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 10: 40 p.m.   Potential acquisition of property and anticipated litigation were topics of discussion.  Mr. Mountain suggested scheduling the introduction of the 2004 Salary Ordinance for the next meeting.

There being no other matters for discussion, upon motion duly made and seconded the Committee returned to open session at 11:00 p.m.   Upon motion duly made and seconded the meeting adjourned at 11:00 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

Attachments:

Ordinance 9-2004

Approved Bill List

ORDINANCE 9-2004

BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE SEWER PLANT IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $1,585,000 THEREFOR, INCLUDING $100,000 AVAILABLE AS A COMMUNITY DEVELOPMENT BLOCK GRANT AND $450,000 AVAILABLE FROM CAPITAL RESERVE, AND AUTHORIZING THE ISSUANCE OF $1,035,000 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 improvement described in Section 3 of this bond ordinance is hereby authorized to be undertaken by the Township of Mendham , New Jersey .  For the improvement or purpose described in Section 3, there is hereby appropriated the sum of $1,585,000, including $100,000 available as a Community Development Block Grant and $450,000 previously contributed by another party and now available for this purpose from capital reserve as a down payment.

                        Section 2.        In order to finance the cost of the improvement or purpose not covered by application of the down payment or the grant, negotiable bonds are hereby authorized to be issued in the principal amount of $1,035,000 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.        (a)  The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is the improvement of the sewer plant by the replacement of the disposal beds, including acquisition of equipment and materials and all costs necessary therefor or incidental thereto.

                        (b)  The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof.

                        (c)  The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor.

                        (d)  The appropriation and the debt authorization set forth herein are in addition to the $290,000 appropriations and the $275,500 debt authorizations authorized by bond ordinances #14-02 finally adopted July 23, 2002 , #16-03 finally adopted June 24, 2003 , #22-03 finally adopted November 10, 2003 and #1-04 finally adopted January 27, 2004 for preliminary planning purposes for this project.

                        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 improvement or purpose described in Section 3 of this bond ordinance is not a current expense.  It is an improvement or purpose that the Township may lawfully undertake, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.

                        (b)                    The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this ordinance, is 40 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 $1,035,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

                        (d)                    An aggregate amount not exceeding $317,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement.

                        Section 7.        Any grant moneys other than the Community Development Block Grant described herein received for the purpose described in Section 3 hereof shall be applied either to direct payment of the cost of the improvement 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.  The Community Development Block grant will be applied to direct payment of the cost of the project.

                        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.

                        Section 10.      This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.