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MINUTES – MENDHAM TOWNSHIP COMMITTEE Mayor Pierson called the meeting to order at ROLL CALL
Present:
Mayor Pierson, Mr. Phelan,
Mr. Schrier, Mr. D’Emidio, Mr. Krieg
Absent: Also
Present:
Tom Sateary, Esq. for Roger S. Clapp, Esq.,
Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor 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 APPROVAL OF MINUTES – April
27, 2004 – Mr. Schrier made a motion to approve these minutes with a
correction to page 2 – Mr. Phelan referenced “uploading” not
“downloading”; Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS 1. Ordinance
10-2004 – Second ordinance
permitting bonus lots relating to lot size averaging for conveyance to nonprofit
entities and supplementing the land use ordinance of the This ordinance was re-introduced to include a provision that allows for the transfer of a deed/easement to a non-profit corporation that is approved by the Township if a not-for-profit entity holding a deed/easement shall be liquidated or dissolved, or falls into inactivity and does not actively manage the open space for which it is responsible. There also was an issue with the notice of introduction going to adjacent municipalities less than ten days prior to this second reading. Upon motion by Mr. Phelan, seconded by Mr. D’Emidio,
Ordinance 10-2004 was introduced as amended, with second reading and public
hearing scheduled for ROLL CALL – All present voted YES. A copy of Ordinance 10-2004 is attached hereto and made a part hereof. 2. Ordinance
11-2004 – Second ORDINANCE
REPEALING SUBSECTION 2-30.8, THE OPEN SPACE TAX SUNSET PROVISION, OF THE 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 11-2004; Mr. Schrier seconded
the motion. ROLL CALL – All present voted YES. 3. Mr. Krieg reported that he
has been in contact with Patriot Media regarding the issues discussed at the
last meeting. Some issues
remain with telephone company wires and Mr. Mountain will contact the telephone
company. 4. Mr. D’Emidio reported
that he toured the DPW addition and noted a few items that have not been
completed. He mentioned a potential
problem with the floor settling. Mr.
Mountain said the contractor will correct the problem and he also said that the
contractor would not be paid the final payment until the items are completed. 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. NEW BUSINESS an ordinance fixing
the salaries of certain officers and employees of the Mr. Phelan made a motion to adopt Ordinance 12-2004 upon
first reading with second reading and public hearing to be scheduled for ROLL CALL – All present voted YES. A copy of Ordinance 12-2004 is attached hereto and made part hereof. 2. Ordinance
13-2004 – First ordinance authorizng
the execution of a lease agreement between the Mr. Schrier made a motion to adopt Ordinance 13-2004 upon
first reading with second reading and public hearing to be scheduled for A copy of Ordinance 13-2004 is attached hereto and made a part hereof. 3. Resolution R2004-56 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, by Resolution PB-03-19 the Planning Board of the Township of Mendham granted preliminary subdivision approval to Lawrence Farmland, LLC for the development proposed for Lots 7 and 42 in Block 147; and WHEREAS, Resolution PB-04-07, adopted by the Planning Board on May 3, 2004, approves the construction plans for Lots 7 and 42 in Block 147; and WHEREAS, the Township Attorney has reviewed and approved the following document: Lawrence Farmland, LLC Preliminary Approval Development Agreement including Implementation of Soil Erosion and Sediment Control Plan. WHEREAS, the Township Committee is satisfied with the foregoing document.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
1. The Mayor is hereby authorized and directed to execute on behalf of the Township the Lawrence Farmland, LLC Preliminary Approval Development Agreement including Implementation of Soil Erosion and Sediment Control Plan in the form of Appendix A, and the Township Clerk is hereby authorized and directed to attest such Agreement and to affix the municipal seal thereto, and when so executed and attested the Agreement 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. 2. This Resolution shall take effect upon adoption. 3.
Certified copies of this Resolution shall be forwarded by the
Township Clerk to Lawrence Irene, Mr. Schrier made a motion to adopt R2004-56; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 4. Discussion of Conservation Easement Monitoring Program – Mayor Pierson said there was a growing concern about how to monitor the 100+ conservation, detention, utility, etc. easements throughout the Township. He suggested a committee made up of members from the open space committee, the Environmental Commission and other interested parties. The main task would be to inspect the easements to make sure the ordinance is being followed. He indicated that the New Jersey Conservation Foundation and the Morris Land Conservancy would be agencies that may help set up procedures. Mr. D’Emidio said he would worry about volunteers relaying any problems to the property owner(s). Mayor Pierson said that any comments about an easement should be reported to the Township Committee and that if any action were required it would be by the Zoning Official. 5. Mayor Pierson reported on the organizational meeting of the Raritan Highlands Compact. He said there is a good review of stormwater regulations scheduled by the County for May 26th and he suggested bringing someone in to talk to the Township Committee at one of their public meetings. Mr. Mountain will arrange for a presentation. 6. Resolution R2004-57 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR BROOKSIDE BEACH STAFF FOR 2004
BE IT RESOLVED by the Township Committee of the
Beach Director Jim O’Neill $7,000/Season Head Lifeguard Hally Brewster $11.00/hr when scheduled as supervisor Lifeguards Hally Brewster $9.25/hr Anthony Robinson $8.75/hr Marissa Yee $9.00/hr Robert Henseler $8.75/hr Andy McElwee $9.00/hr Peter Marcelliano $8.75/hr Andrew Marcelliano $8.75/hr Michael Schwab $8.50/hr Jordan Brewster $8.50/hr Michael Gomeringer $8.50/hr Shannon Koenig $8.75/hr Ryan Pfeil $8.50/hr Jon Murray $8.50/hr Lifeguard Substitute Ann Foley $9.50/hr Jason Grube $8.75/hr
Concession Stand Manager Abbey Arwady $3,200/Season (315 hrs) $10/hr for hours over 315 Cashier Robert Foley $6.75/hr Lauren Tramontano $6.75/hr Mr. Phelan made a motion to adopt R2004-57; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 7. Resolution R2004-58 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE CLICK IT OR TICKET SAFETY BELT MOBILIZATION
OF MAY 24 – WHEREAS, there were 42,815 motor vehicle fatalities in the United States in 2002, and 773 motor vehicle fatalities in New Jersey in 2002; and WHEREAS, more than half of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and WHEREAS, the Division of Highway Traffic Safety estimates that 2,242 lives have been saved by safety belt use in the State since 1985; and WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 24 – June 6, 2004 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the State from the current level of 81.2% to 84%; and
WHEREAS, a further increase in safety belt usage in
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Phelan made a motion to adopt R2004-58; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. Chief Costanza noted that a grant in the amount of $5,000 has been awarded to fund the overtime that will be created by this initiative. 8. Resolution R2004-59 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, the Chief of Police of the Mendham Township Police Department has recommended that Jason Morrison be employed as a Probationary Officer in the Mendham Township Police Department; and WHEREAS, the Township Committee has determined that Jason Morrison possesses the necessary qualifications for employment as a Probationary Police Officer in the Mendham Township Police Department.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
Jason Morrison is hereby employed as a Probationary Officer of the
Mendham Township Police Department as of 2.
During 2004 Jason Morrison shall be compensated at the salary rate
provided in the 2001/2004 Agreement between the 3.
The employment of Jason Morrison as a Probationary Officer is
pursuant to the provisions of the Revised General Ordinances of the Township of
Mendham, 1998, as amended and supplemented and the 2001/2004 Agreement between
the Township of Mendham and the Mendham Township Police Bargaining Unit, and
accordingly, unless sooner terminated by action of the Township Committee, such
employment shall automatically terminate on May 25, 2005.
In any event Jason Morrison shall not be an employee of the 4. In the event that Jason Morrison shall be appointed as a permanent member of the Mendham Township Police Department after the satisfactory completion of a one-year probationary period, then for purposes of calculating salaries, vacations and longevity benefits to which he will be entitled as a permanent member of the Mendham Township Police Department the date of commencement of his service under the provisions of the 2001/2004 Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit and successor Agreements shall be May 25, 2004. 5. Certified copies of this Resolution shall be forwarded by the Township Clerk to the Chief of Police and to Jason Morrison. 6.
A certified copy of this Resolution shall be endorsed by Jason
Morrison to indicate his acceptance of the terms and conditions of his
employment, and such endorsed certified copy shall be filed with the Township
Clerk. This Resolution shall become
null and void in its entirety if such endorsement and filing are not
accomplished by Mr. D’Emidio made a motion to adopt R2004-59; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 9. Resolution R2004-60 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, the Chief of Police of the Mendham Township Police Department has recommended that Ross Johnson be employed as a Probationary Officer in the Mendham Township Police Department; and WHEREAS, the Township Committee has determined that Ross Johnson possesses the necessary qualifications for employment as a Probationary Police Officer in the Mendham Township Police Department.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 7.
Ross Johnson is hereby employed as a Probationary Officer of the
Mendham Township Police Department as of 8.
During 2004 Ross Johnson shall be compensated at the salary rate
provided in the 2001/2004 Agreement between the 9.
The employment of Ross Johnson as a Probationary Officer is
pursuant to the provisions of the Revised General Ordinances of the Township of
Mendham, 1998, as amended and supplemented and the 2001/2004 Agreement between
the Township of Mendham and the Mendham Township Police Bargaining Unit, and
accordingly, unless sooner terminated by action of the Township Committee, such
employment shall automatically terminate on May 25, 2005.
In any event Ross Johnson shall not be an employee of the 10. In the event that Ross Johnson shall be appointed as a permanent member of the Mendham Township Police Department after the satisfactory completion of a one-year probationary period, then for purposes of calculating salaries, vacations and longevity benefits to which he will be entitled as a permanent member of the Mendham Township Police Department the date of commencement of his service under the provisions of the 2001/2004 Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit and successor Agreements shall be May 25, 2004.. 11. Certified copies of this Resolution shall be forwarded by the Township Clerk to the Chief of Police and to Ross Johnson. 12.
A certified copy of this Resolution shall be endorsed by Ross
Johnson to indicate his acceptance of the terms and conditions of his
employment, and such endorsed certified copy shall be filed with the Township
Clerk. This Resolution shall become
null and void in its entirety if such endorsement and filing are not
accomplished by Mr. Krieg made a motion to adopt R2004-60; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 10. Resolution R2004-61 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, a need has arisen for a seasonal employee in the Department of Public Works; and WHEREAS, it is the recommendation of the Superintendent of the Department of Public Works that Lee Barnes be hired as a seasonal employee in the Department of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. D’Emidio made a motion to adopt R2004-61; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 11. Resolution R2004-62 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE 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 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. Phelan made a motion to adopt R2004-62; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. ADMINISTRATOR REPORT 1. Mr. Mountain addressed the need for a re-codification of Township ordinances including the Land Use and Board of Health ordinances. He asked that Mrs. Newell solicit proposals to include the Ordinances in an electronic format that could be provided to the public via the Township website. The cost associated can be budgeted through a special emergency with one fifth of the cost reflected in each of the next five years beginning with the 2005 budget. 2. Mr. Mountain reported the DEP is asking the Township to submit a wastewater management plan that reflects all changes in legislation relating to wastewater, groundwater, etc. Mr. Mountain said that a plan was submitted in 1995-96 and the DEP has never completed a review of that plan. 3. Mr. Mountain said he met with the Borough Administrator and the West Morris Regional High School Business Administrator to review the Patriot Media contract and the one-time contribution of $40,000 plus an additional $10,000 to apply towards the purchase of public educational equipment that will be received by both the Township and Borough. He said the thought was to pool resources, possibly also including the Chesters, and entering into an interlocal agreement with the school to provide local programming. Mayor Pierson said he worries about entering into an agreement with the school and asked what could be done with the funds that would not involve the high school. Mr. Mountain explained that the high school has the resources such as equipment, students, advisors, etc., and would be the best way to accomplish the objective. He asked Diana Bardes, student rep, for her thoughts on the subject. Ms. Bardes said the high school has a radio studio and a teacher that manages it and she thinks it would be a good idea to take advantage of the opportunity. Phyllis Florek, member of the Board of Adjustment, was also in attendance and she said that she does this type of work and some of the bigger high school districts have television studios and work with the different programs incorporated into the curriculum. She said that legal issues must be addressed such as the requirement to run a channel twenty-four hours a day. She suggested this might help with equipment planned for the middle school. 4. Mr. Mountain said the Recreation Commission and beach director have requested a purchasing card for supplies for the concession stand. The program, established by the state, establishes a purchasing card with a set limit that is paid through the purchase order system. Currently, the Recreation Director and/or beach director have been using their own credit cards and then are reimbursed through the purchase order system. Mr. Schrier expressed concern that inappropriate use and/or over-purchasing could occur. Mr. Mountain agreed to look into an expanded petty cash account. 5. Mr. Mountain
reported on a program he attended at OPEN ITEMS LIST The Open Items List was reviewed and updated. CORRESPONDENCE 1. County of Morris/Open Space Grant-Garabrant 2. NJSLOM/Mayors Fax Advisory(3) 3. East Amwell Township/News 12-Patriot Media 4. Commissioner Levin-DCA/Cross-acceptance 5. Commissioner Campbell-DPW/Storm Water Permit Guidance 6. NJSLOM/New Property Tax Relief/Reform Plan LEGISLATIVE REPORT Mayor Pierson said he is reluctant to endorse the
constitutional convention. He
recommended using Mayor Pierson said he supports the work of the study committee and the highlands legislation. Mr. Schrier said the highlands legislation is far from perfect and was not voted out of committee today. He said laws are works in progress and the highlands legislation needs to be done in a timely fashion or it will be too late. 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. George McKinnell, appearing on behalf of Brookside Engine Company, asked about the status of the municipal expansion project and if an analysis is provided by the end of this week would it be available to have by the next meeting or the first meeting in June. He also asked about the category 1 stream and how that would impact a firehouse location. Mr. McKinnell said he noticed a new gravel surface on Patriot’s Path and asked if that was in preparation for paving. The Committee assured him that Patriot’s Path was not going to be paved. The gravel was added because bicyclists have chewed up the surface of the path. 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 Upon motion duly made and seconded the Committee returned
to open session at10:32 p.m. There
being no further matters to come before the Committee, upon motion duly made and
seconded the meeting adjourned at Respectfully submitted: Penny Newell, Township Clerk |
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