MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

May 25, 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. D’Emidio, Mr. Krieg

                                                 Absent:          Mr. Schrier

                                       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 .”

Jason Morrison and Ross Johnson were sworn in as new Patrolmen in the Mendham Township Police Department.  They both will attend the Morris County Police Academy beginning in July.

APPROVAL OF MINUTES – May 10, 2004 – Mr. Krieg made a motion to approve these minutes as written; Mr. D’Emidio seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS

1.  Ordinance 10-2004 – Second Reading and Public Hearing

ordinance permitting bonus lots relating to lot size averaging for conveyance to nonprofit entities and supplementing the land use ordinance of the township of mendham with a new paragraph 21-10.4(d)

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. Krieg made a motion to adopt Ordinance 10-2004; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

2.  Ordinance 12-2004 – Second Reading and Public Hearing

an ordinance fixing the salaries of certain officers and employees of the township of mendham , in the county of morris , new jersey

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 12-2004; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

3.  Ordinance 13-2004 – Second Reading and Public Hearing

ordinance authorizng the execution of a lease agreement between the township of mendham and the ralston cider mill, a nonprofit corporation

Mr. Clapp indicated that there were minor provisions that the Mill Trustees have not yet signed off on and he advised that the Lease not be signed until those provisions have been agreed to by the Trustees.   He also advised that this be accomplished prior to the event scheduled at the Mill for June 5^th.

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. Krieg made a motion to adopt Ordinance 13-2004; 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.  No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

NEW BUSINESS

1.  Resolution R2004-63

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING CONSULTANTS TO THE OFFICE OF THE TAX ASSESSOR

            WHEREAS, the Tax Assessor of the Township of Mendham will be conducting a reassessment program of real property in the Township of Mendham; and

            WHEREAS, in conjunction with the reassessment program it will be necessary to appoint consultants to perform the inspections of the real property within the Township; and

            WHEREAS, the Tax Assessor has recommended that Christian D. Betts and H. John Niper be appointed a consultants to the Office of the Tax Assessor as of May 25, 2004 each at the rate of $10.00 per unit ($5.00 for interior inspection and $5.00 for exterior inspection).

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

1.      Christian D. Betts and H. John Niper are hereby appointed as consultants to the Tax Assessor’s Office effective May 25, 2004 .

2.      Christian Betts and H. John Niper will be compensated at the rate of $5.00 per interior inspection and $5.00 per exterior inspection of each parcel of real property within the Township of Mendham for the purpose of the reassessment program.

3.      The compensation noted above will be paid on a bi-monthly basis.

4.      This Resolution shall take effect upon adoption.

Mr. Krieg made a motion to adopt R2004-63, subject to the completion of background checks; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

2.  Discussion of vacation of Beverly Drive right-of-way.  Mayor Pierson indicated that the Planning Board has approved the vacation of the right-of-way with the retention of a 25’ utility easement.   Mr. Clapp said the vacation easement will be separate from the utility easement document and he will, with input from the Township Engineer, draft the form of easement for consideration by the Township committee.

3.  Resolution R2004-64

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , ADOPTING A FORM REQUIRED TO BE USED FOR THE FILING OF NOTICES OF TORT CLAIMS AGAINST THE TOWNSHIP OF MENDHAM IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY TORT CLAIMS ACT, N.J.S.A. 59:8-6

            WHEREAS, the New Jersey Tort Claims Act, N.J.S.A. 59:8-6, provides that a public entity may adopt a form to be completed by claimants seeking to file a Notice of Tort Claim against the public entity; and

            WHEREAS, the Township of Mendham is a public entity covered by the provisions of the New Jersey Tort Claims Act; and

            WHEREAS, the Township of Mendham deems it advisable, necessary and in the public interests to adopt a Notice of Tort Claim form in the attached hereto and made a part hereof.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, assembled in public session the twenty-fifth day of May, 2004, that the attached Notice of Tort Claim form be and hereby is adopted as the official Notice of Tort Claim for the Township of Mendham; and

            BE IT FURTHER RESOLVED that all persons making claims against the Township of Mendham, pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:8-1, et seq., be required to complete the form herein adopted as a condition of compliance with the notice requirement of the New Jersey Tort Claims Act.

Mr. D’Emidio made a motion to adopt R2004-64; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

4.  Resolution R2004-65

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE ESTABLISHMENT OF A PETTY CASH FUND FOR USE BY THE RECREATION TRUST

            WHEREAS, N.J.S.A. 40A:5-21 authorizes the establishment of a Petty Cash Fund in any county or municipality by application and resolution; and

            WHEREAS, it is the desire of the Township of Mendham, in the County of Morris, New Jersey, to establish such a fund for the Recreation Trust in the amount of $500.00; and

            WHEREAS, the custodian for this fund is Heather Webster, who is bonded for the amount of $150,000; such custodian shall maintain records for this fund in a manner conducive to proper accounting and auditing procedures.

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham hereby authorizes such action and that two copies of this resolution be filed with the Division of Local Government Services in the New Jersey Department of Community Affairs for approval.

Mr. Phelan made a motion to adopt R2004-65; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5.  Discussion of Municipal Complex Site Plan Concept Drawings – Mayor Pierson noted that the concept drawings contain several options for siting the firehouse and well as current and future locations for the septic system.  The Committee reviewed each option and agreed to study them further and to also include members of the Brookside Engine Company in future discussions.

Upon motion duly made and seconded the meeting was opened to the public for comment on this topic.

George McKinnell, representing Brookside Engine Co., inquired about the concept of a drive-thru and suggested there might be better space management than is indicated on the site plans.  He asked if the septic is based on square footage and usage volume and about future expansion.  He also asked about consideration of a bay for the MACK and if the “pad” could use the existing Township Hall septic system.

Mayor Pierson said part of the plan would have a separate area for the MACK.

Mr. Phelan said one concern is parking area and because the Municipal Court generates such a need for parking it might be good to consider sending that operation back to the Borough.  He suggested considering a police headquarters at the Seeing Eye property.  Mr. Mountain will be working with the DEP regarding the use of the buildings at that location.

Mr. McKinnell said he thinks site plan 4a.1 is the best because of the turning radius provided as well as the larger bays.

Mr. Phelan thought the existing police headquarters could be a fire museum.

Mr. McKinnell said site plan 4a.1 with the septic system in the front of the site could be made to look presentable with shrubs and a retaining wall.

Pat Zimmerman, W. Main Street, asked about a detention area and why overflow parking vs. regular parking.  Mayor Pierson said it would be all regular parking or partially regular and partially fire/first aid parking.

Mr. McKinnell noted that Evan Thomas is corresponding with FEMA regarding possible funding towards moving the firehouse away from a flood zone.

Mr. Phelan said it would be appropriate to ask Mr. McKinnell and Mr. Menton about the Township lease arrangement for the “pad.”

Mr. Clapp said the matter of the Township leasing living quarters directly to a renter vs the Township leasing to a fire company/first aid squad is a significant legal issue.

ADMINISTRATOR REPORT

1.  Mr. Mountain received a request from the Garden Club for funding to replace the shrubbery around the flagpole at Township Hall.  The asked for $400 and the Committee offered $600 and asked that a tree be included in the new planting.

2.  Mr. Mountain presented a request from the First Aid Squad to include Charles Bridge in the LOSAP approved list.  The Committee approved the request. Mr. D’Emidio made a motion to approve a resolution to include Mr. Bridge; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

Mayor Pierson suggested the formation of a subcommittee to oversee the municipal complex project.  The committee will include Mr. D’Emidio, Mayor Pierson and Mr. Mountain and will report to the Township Committee on a regular basis.  They also will meet with emergency services.

The Committee agreed that the police contract negotiations committee would be headed by Mr. Phelan.  Mr. Schrier and Mr. Mountain will also serve on the committee.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      NJSLOM/Mayors Fax Advisory(4)

2.      NJSLOM/Membership Alert

3.      Morris County Improvement Authority

4.      Senator Bucco/Highlands

5.      NJDOT/Municipal Aid Program

6.      NJ Division of Pensions & Benefits/Domestic Partnership Act

7.      Morris County Administrator/Municipal Alliance Allocation

8.      Morris County/MAPS public hearing

9.      Morris county Freeholders Resolutions 39 & 41

10.  Congressman Frelinghuysen/Picatinny

LEGISLATIVE REPORT

Mayor Pierson noted two resolutions from the Morris County Freeholders and similar resolutions from Hanover Township and suggested like resolutions for consideration at the next meeting.  Mr. D’Emidio noted the contractors’ registration act and said he disagrees with the concept.

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 9:31 p.m.

Personnel matters were discussed; litigation issues were updated; possible acquisition of property was reviewed.

Upon motion duly made and seconded the Committee returned to open session at 10:26 p.m. 

Christopher Nelson and Lauren Hodulich were recognized as members of the Mendham Township First Aid Squad.

The following resolution was offered:  R2004-70

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR OFFICERS AND EMPLOYEES OF THE TOWNSHIP FOR 2004

            BE IT RESOLVED by the Township Committee of the Township of Mendham, that the following named persons be paid the salaries indicated which are within the ranges set forth in Ordinance 12-2004 that was duly adopted on May 25, 2004:

name                                        title                                                       2004 salary

Mr. Krieg made a motion to adopt R2004-70; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

There being no further matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:27 p.m.

Respectfully submitted:

Penny Newell, Township Clerk