MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

July 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. 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 – June 14, 2004 – Mr. Schrier made a motion to approve these minutes as written; Mr. Krieg seconded the motion.  ROLL CALL – All present voted YES.   June 22, 2004 – Mr. Schrier made a motion to approve these minutes as written; Mr. Krieg seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS

1.  Ordinance 14-2004 – Second Reading and Public Hearing

ordinance vacating the public rights in certain portions of glengary drive and indian hollow road in the township of mendham

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 14-2004; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

2.  Ordinance 15-2004 – Second Reading and Public Hearing

an ordinance of the township of mendham, providing for preliminary planning expenses for the municipal complex design by the township and appropriating $10,000 from capital surplus

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. Schrier made a motion to adopt Ordinance 15-2004; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

3.  Discussion of Municipal Complex Site Plan.  Mayor Pierson reviewed the revised draft that provides for the “pad” to remain, a disposal field for the firehouse, an addition to Township Hall for the Police Department and a total of 72 parking spaces.  He said the next step would be to stake the property after placing the revisions on a plot plan.  Mr. Krieg said he is concerned with the issue of a one-way drive to W. Main Street for emergency vehicles vs. exiting through the municipal lot to Cherry Lane .  Mr. Schrier said more information is needed regarding the police headquarters.  Mr. Phelan noted that input was requested from the fire company and asked if the same was garnered from the police department.  Mayor Pierson said he is not ready to go to the architect for a firehouse design and would be reluctant to go to the police at this time.  Mr. Phelan felt that commentary from the police regarding access to the site and the sally port prior to proceeding would be prudent.  He said that all components of the plan must be agreed upon by all affected before proceeding with an approved site plan.

4.  Discussion of Engineer’s Report on Knollwood Trail Drainage.  Mr. Mountain reported that a preliminary review by the Engineer places the cause of the flooding at the end of Knollwood Trail as inadequately sized pipes to handle the volume of water in the system.  The initial report indicates a number of solutions.  A detention basin would be necessary to ultimately solve the problem and additionally, the right-of-way is not sizable enough to handle 100% of the flow.  An alternative would be to split the flow, which is a complex project that includes a costly detention basin.  The report also addresses negotiating with the DEP for permits to improve the existing system.    Mr. Balut suggests scheduling a meeting with the DEP prior to beginning any improvements to obtain waivers up front.  He also said there are new state grant programs for flood mitigation that may be applicable to this project.  Mr. Phelan said that part of the problem originates from Route 24.  He said this project focuses on the end of Knollwood Trail but there are problems at the upper end that need to be resolved.

Upon motion duly made the Committee opened the meeting for comment on this topic.

Marian Rajoppi, 27 Hilltop Circle :  said that the problem is not only on Knollwood Trail.  She said she has had water on her property for the 18 years that she has lived here.   She said they installed two catch basins in their backyard and a sump pump in the garage to direct water from Route 24 and also connected backyard drains to the front yard and the problem continued to  worsen with one catch basin now above ground due to soil erosion.  She said their driveway has flooded twice and ducks swim in her backyard.  She said they now have to replace their septic system and install new drainage.

Robert Holland. 20 Knollwood Trail:  said this problem has existed for a long time and runoff from Route 24 is a serious part of the problem.  He noted that water from Brockden Drive and the Pitney property funnels to Knollwood.  Mayor Pierson asked if water comes from the two detention basins on the Pitney property.  Mr. Holland said it comes from at least one of those and he emphasized the dangerousness of the situation.  He said barriers are put up when the roadway is flooded and he urges the police to check often in times of heavy rain.  He thanked the Committee for addressing the issue.

Don Meis, 29 Hilltop Circle:  said when he put in a swimming pool he noticed a lot of underground water and has a pump in the backyard to keep the pool from rising up out of the ground. He also noted a tremendous amount of water from Route 24.

John Riley, 18 Knollwood Trail:  said the rumor is that the Ko development is slated to drain into the same system as Knollwood Trail and suggested that there are detention basins elsewhere that should be considered.

Paul Calvacca, 11 Knollwood Trail West:  echoed Mr. Riley (above)

Matt McDonough, 9 Knollwood Trail West:  said the owner of the property next to him is doing excavation to divert water from across the street creating a chain effect and will bring water to his yard.

There being no others who wished to address this topic, upon motion duly made and seconded the meeting was closed to the public.

Mr. Schrier said this problem is larger that he expected and since it appears that it may, in part, be due to the county road (Route 24) he will have the County Engineer meet with the Township Engineer to work toward a solution.

Mayor Pierson said the Ko development will have detention basins and Mr. Mountain noted the Ko development is not supposed to drain across Route 24.  Mayor Pierson suggested that the County Engineer look at the size of those proposed detention basins.  Mr. Mountain said the grant application deadline is mid-August.  Mr. Phelan would like Mr. Balut to come to the first meeting in August, or earlier, and that the County may wind up being a partner in the grant application.

Mayor Pierson said the quote for radio frequency services from SSI is within an appropriate range and the Committee agreed to move ahead.

Mayor Pierson referred to the commentary from Daryl Brewster regarding the inventory of and need for playing fields in the Township.  This will be discussed further at the next meeting.  Mr. Krieg asked for clarification of the term local residents asking if that meant Township residents or included areas beyond the Township.  Mayor Pierson noted that some programs are combined with the Borough and some also included participants from the Chesters.

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 R2004-88

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. Phelan made a motion to adopt R2004-88; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

2.  Discussion of Fire Cistern Parking Ordinance.  Mayor Pierson referred to a memo from Fire Chief Thornberry seeking a no parking designation by fire cisterns.  It was pointed out that fire cistern hydrants look different from standard fire hydrants which are covered by a standard state statute no parking within 10’ in each direction.  Mr. Clapp said that fire cistern hydrants are deemed to be fire hydrants and the state statute covers fire hydrants.  He said that some may say fire hydrants are connected to water mains and cistern hydrants are not, therefore cistern hydrants are not considered fire hydrants.  Mr. Clapp recommended putting up no parking signs and using the state statute for enforcement.

3.  Discussion of Residential Vehicle Sales.  Mr. Clapp said existing zoning doesn’t allow, as an incidental use, the sale of vehicles from a residential property.  The ordinance does not address the occasional garage sale or car for sale if owned by the property owner.  Mayor Pierson noted that for the police to rely on the zoning ordinance is arcane and they can only ascertain if a particular vehicle is registered to the property owner.  Mr. Schrier feels the fewer laws the better and sees no need to amend the ordinance to prohibit the occasional sale, but reserves the right to reconsider the issue in the future.   Mr. Phelan said he is not sure the number of occurrences warrant an ordinance when they could be resolved with a telephone call.  The Committee agreed that an ordinance is unnecessary at this time.

4.   Resolution R2004-90

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 Township of Mendham that the following named persons be paid in accordance with the following:

            Swim Lesson Instructor                      Allison Pennella           $10.00/hr

            Concession Stand Cashier                Michael Schwab          $6.50/hr

            Concession Stand Manager               Abbey Arwady             $2,240/for 210 hrs

$10.00/hr for hours in excess of 210

Mr. Phelan made a motion to adopt R2004-90; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

5.  The Raffle Application by Brookside Engine Company was approved for submission to Legalized Games of Chance Control Commission.

6.  Chris Mattioli and David Merritt were recognized as new members of the Brookside Engine Company.

ADMINISTRATOR REPORT

1.  Mr. Mountain received a proposal in the amount of $2300 from the Township’s Environmental Consultant to provide recommendations to the Township Attorney regarding the new stormwater regulations.  Mr. Mountain indicated that funding has been provided for in the budget.  The Committee approved the proposal.

2.  Mr. Mountain addressed correspondence from Marian Koste at 92 Ironia Road in which Mrs. Koste describes ongoing issues with her neighbors.  The neighbor to the south has cut down a good portion of the trees on the property creating runoff onto her property.  In addition, a neighbor to the north is excavating as a result of a subdivision of that property and hauling the excavated material to the property to the south creating construction noise.  Mrs. Koste is asking the Committee to consider amending the allowable timeframe for construction noise.

3.  Mr. Mountain noted a public information meeting will be held tomorrow (7/13) for residents in the area of the Mosle Road bridge that is scheduled for redesign in 2005.  That project will close the bridge for a period of seven months.  Mr. Mountain also noted the E. Main Street bridge will be closed beginning tomorrow (7/13) until September for reconstruction.

4.  Mr. Mountain said that the grace period for third quarter taxes would have to be extended because the state has delayed grant information needed to establish the tax rate.  A resolution granting the extension will be scheduled for the next meeting.

5.  Mr. Mountain said there will be a public hearing on July 13^th on the amendment to the Township Wastewater Management Plan to include the improvements to the Girl Scout Camp property.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      Thanks to DPW from Environmental Commission

2.      Morris County Freeholders/Liberty Tour/10/05/04

3.      NJSLOM/Mayors Fax Advisory (4)

4.      NJSLOM /Signing of Tax Reform Bill; Donation Request for Family Appreciation Day

5.      NJSLOM/Legislative Bulletin

6.      Morris County Planning Board Public Outreach Meeting for Cross –Acceptance

7.      Breaking the Cycle/Request for Permission

8.      DCA/Property Tax Relief-$50,000

9.      DCA/Domestic Violence Training Grant-$1,000

10. Patriot Media/summary of progress

The Committee noted that Pat Zimmerman represented Mendham Township at the Morris County Planning Board Public Outreach Meeting for Cross-Acceptance.

The Committee approved the request for permission for the Breaking the Cycle event (#7).

Mr. Schrier recommended a donation to the Family Appreciation Day (#4).

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.

Marian Koste, 92 Ironia Road :  has several issues to discuss as noted in Mr. Mountain’s report earlier.  She is concerned with the allowable hours of construction, having two neighbors with businesses that involve large construction equipment.  Another concern is the runoff that impacts her property because of the removal of trees by her neighbor to the south.  She presented photos showing the impact to her property and said her neighbor indicated to her that the Township had given permission to bring a drainage ditch to the edge of the property.  Mr. Phelan said a tree removal permit should be evaluated for possible erosion, runoff, etc., from the removal of trees.  Mr. Mountain confirmed that the tree removal in question was approved under the terms of the ordinance.  He also said Joe Dunn of the Morris County Soil Conservation District has been to the property in question because of lot development activity.  He will have the Construction Official as well as Soil Conservation look at the property again to assess the issue of soil from one neighbor being transported to the other neighbor and causing runoff to the Koste property.  Mr. Krieg said he walked through India Brook Park recently and noticed heavy equipment stored on the property across the road from the Koste property.  He asked Mrs. Koste if such equipment has been there for any period of time.  Mrs. Koste said it depends on the jobs the property owner is doing.

Pat Zimmerman, 3 W. Main Street :  asked if copies of paperwork can be provided to the public when the Committee refers to such during discussions as it is difficult for the public to follow a discussion without seeing the what is being referenced.

Sarah Dean Link, 18 Tingley Road :  referring to the Morris County Soil Conservation District involvement in the Ironia Road issue, noted that the same problem has happened in the past with the MCSCD having no jurisdiction in some circumstances.  Mr. Schrier said that the Township used to have the MCSCD monitor issues but there is basically no staff other than Joe Dunn.  He suggested that the Construction Code Officer might look into working with the MCSCD.

There being no others present who wished to be heard, upon motion duly made and seconded the Committee went into closed session at 9:34 p.m.

The Committee discussed placing a non-binding referendum on the November ballot regarding the West Morris Regional High School District ; the police consolidation matter was reviewed; a personnel matter was discussed; negotiations, litigation and acquisition of property were discussed.

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

Respectfully submitted: