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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
August 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
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 –
July 27, 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. Discussion
– Knollwood Trail Drainage: Charles
Balut, Township Engineer, reviewed the present situation and possible solutions.
He discussed possible County involvement in the remediation because some
drainage comes from
Mendham Road
. Mr. Balut distributed a map
showing the drainage area. He also
said that a state grant may be available that provides for a 75% grant/25% cost
to the Township and if the County participates their share of the cost would be
13% of the 25%.
Mr. Phelan asked if the Knollwood Trail area property
owners had been notified of this meeting. Mr.
Mountain said they were not specifically notified as this presentation was
announced at the last meeting when they were present.
Mr. Clapp noted that the Committee would have to decide if
a special assessment would be applied to those properties in the area to cover
the cost or if the cost would be incorporated into the general budget.
The following resolution, to authorize the grant
application, was offered:
R2004-101
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING
APPLICATION
FOR
STATE
FUNDING UNDER THE DEP FLOOD CONTROL PROJECT
WHEREAS, the Township Committee of the Township of Mendham desires to
further the public interest by obtaining a grant from the State of New Jersey
under the Department of Environmental Protection Bureau of Dam Safety and Flood
Control.
WHEREAS, the Township Committee of
the
Township
of
Mendham
desires to obtain a grant from the State of
New Jersey
fund the following project:
KNOLLWOOD TRAIL DRAINAGE IMPROVEMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham that Charles I. Balut, Township Engineer or the successor
to the office of Township Engineer is
authorized to (a) make application for such grant, (b) if awarded, to execute a
grant agreement with the State and (c) to execute any amendments thereto which
do not increase the Grantee’s obligations.
The Grantee agrees to comply with all applicable federal, State and
municipal laws, rules and regulations in its performance pursuant to the
agreement.
Mr. Schrier made a motion to adopt R2004-101; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
Mr. Krieg, noting that several residents from
Hilltop Circle
had also complained about water coming from
Mendham Road
(Route 24), asked if any remediation was being planning for that area.
Mr. Balut said he was not proposing anything in conjunction with the
Knollwood Trail project but would look into it.
2. Mr. Mountain
reported on a meeting he attended, along with Mr. Balut and Mr. Aubin, with the
architect for the municipal site plan. The
meeting was to review stormwater regulations.
The recommendation was to treat the concept plan as a master plan and
approach each individual construction project separately with the DEP. Mr. Balut
suggested creating new property lines to give the firehouse its own lot for
purposes of following the septic code regulations.
Mr. Mountain said the next step would be to take the first stage of the
project to the DEP. Mr. Phelan asked
if the Police Chief was satisfied with the square footage being allocated in the
proposed addition to Township Hall for the Police Department.
He suggested that area
include space on both floors. He
said a master plan that addresses all departmental needs is important.
Mr. Schrier said they should move ahead with accommodating municipal
needs without holding up the construction of a new firehouse.
He said, if necessary, reduce the municipal square footage to accommodate
the police needs.
3. Ordinance
16-2004 – Second
Reading
and Public Hearing
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 16-2004; Mr.
Schrier 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.
Pat Zimmerman,
West Main Street
: reported that the committee that
has been working on the new plantings in front of the Library decided that two
additional trees would be appropriate. The Township Committee had approved $600
for the project, they now have $240 remaining, they found the trees they want on
sale for a total of $500 and are now requesting additional
funds. The
Township Committee approved the additional expenditure.
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. Presentation
– Run For Patriots Race: Mr.
Mountain reported that the race will be held on
October 3, 2004
with the Library of the Mendhams as the beneficiary.
He also noted that, in a change from the previous race, the finish line
is at the Community Club field. Mayor
Pierson asked that attention be given to clean up following the race.
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 R2004-97; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
3. Ordinance
17-2004 – First
Reading
an ordinance of the
township of mendham providing for improvements to the police headquarters for
the mendham township police department by the township and appropriating $9,000
from capital surplus and $7,000 from the capital imrpovement fund
Mr. Mountain explained that this ordinance is to fund (1)
the purchase of a trailer which will be used for locker room space thereby
freeing up the locker room in headquarters for office space and (2) for
improvements to the air-conditioning system in headquarters.
Mr. Schrier made a motion to adopt Ordinance 17-2004 upon
first reading with second reading and public hearing to be scheduled for
September 13, 2004
; Mr. Krieg seconded the motion.
ROLL CALL – Mr. Krieg, Mr. Schrier, Mr. D’Emidio and
Mayor Pierson voted YES. Mr. Phelan
voted NO.
A copy of Ordinance 17-2004 is attached hereto and made a
part hereof.
4. Resolution
R2004-98
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROVING SELECTION OF ARCHITECT
BY THE LIBRARY OF THE MENDHAMS
WHEREAS, the Ground Lease for the Library of the Mendhams provides that
the governing bodies of the Borough of Mendham and the Township of Mendham shall
both approve the selection of the architectural firm for the design of the
Library of the Mendhams; and
WHEREAS, the Library of the Mendhams has recommended the architectural
firm of Peter Gisolfi Associates of Westchester County, New York; and
WHEREAS, Peter Gisolfi Associates made a presentation to the Township
Committee on
July 27, 2004
; and
WHEREAS, the Members of the Township Committee are satisfied with the
design concepts developed by Peter Gisolfi Associates and wish to express their
approval of the selection of the firm.
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, that the selection of the firm of Peter Gisolfi Associates by the Library of
the Mendhams is hereby approved.
This Resolution shall take effect immediately upon adoption.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, DESIGNATING PROPERTY AS EXEMPT FOR THE YEAR 2004
WHEREAS, the property known a
Lot
1 in Block 107, in the ownership of the
Township
of
Mendham
, appears in the 2004 Tax List assessed as follows:
Block 107,
Lot
1
LAND
$158,100
IMPROVEMENT
124,600
TOTAL
$282,700
WHEREAS, the taxes for 2004 on
Lot
1 in Block 107 are in the amount of $7,776.70; and
WHEREAS,
Lot
1 in Block 107 has been designated as exempt property.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, that the property taxes assessed to
Lot
1 in Block 107 for 2004 in the amount of $7776.70 are hereby removed .
Mr. Schrier made a motion to adopt R2004-99; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
6. Resolution
R2004-100
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, REQUESTING THE MORRIS COUNTY CLERK
TO SUBMIT THE FOLLOWING NON-BINDING REFERENDUM TO THE VOTERS OF THE TOWNSHIP AT
THE GENERAL ELECTION ON NOVEMBER 2, 2004
WHEREAS, the Township Committee concurs that the concept of the
dissolution of the present single Regional High School District and the
formation of two new Regional High School Districts, one to serve students from
the Mendhams and the Chesters, and a second district to serve students from
Washington Township, is of utmost importance; and
WHEREAS, N.J.S.A. 19:37-1 authorizes the Township Committee to submit a
question in order to ascertain the sentiment of the voters by including a
non-binding referendum on the
November 2, 2004
General Election Ballot.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, as follows:
1.
That the following non-binding referendum be forwarded to the
Morris
County
Clerk for inclusion on the
November 2, 2004
General Election Ballot:
[ ]
YES
Shall the governing body of the
Township
of
Mendham
,
one of the five municipalities
that comprise the
West
Morris
Regional
High
School District
, seek to dissolve that district
[ ]
NO
in
order that two new high school districts be formed, one
to serve students from the Mendhams and Chesters, who
would continue
to attend
Mendham
High School
, and a
second district to serve students
from
Washington
Township
who would continue to attend
Central
High School
?
INTERPRETIVE STATEMENT
This non-binding Public Question seeks the opinion of the
voters on whether to dissolve the present single Regional High School (RHS)
District and in its place form two new RHS districts, as follow:
Presently, there is one regional high school district for
the five towns of
Mendham
Township
, Mendham Borough,
Chester
Township
, Chester Borough and
Washington
Township
. All students from the Mendhams and
Chesters now attend
Mendham
High School
and all students from
Washington
Township
now attend
Central
High School
. That would not change under this
proposal.
Presently, there is one nine-member RHS Board of Education
with a total of four (4) representatives from the Mendham and Chesters and five
(5) representatives from
Washington
Township
. By forming two districts there
would be two separate Boards of Education, one (for Mendham High School)
representing the Mendhams and Chesters only, and another (for Central High
School) representing Washington Township only.
There is presently one annual budget to fund the two high
schools in the single district. The
proportionate tax cost to each town is based upon that town’s total assessed
property value. By forming two
districts to replace the present one, there would be two separate annual budgets
and the annual tax levy for each new district may be lower.
2. The Morris County Clerk is
hereby requested to print the non-binding referendum and interpretive statement
on the official ballot for the General Election to be held
November 2, 2004
.
Mr. Schrier said that the Mayors of the Chesters and
Mendham Borough have received a draft of this resolution and he understands that
Mendham Borough is not interested, however it will be brought up at their next
Council meeting. Mayor Pierson will contact Mayor Spinelli of Chester Township.
Mr. Clapp was asked for his opinion and he told the Committee that it is his
opinion that the interpretive statement is a neutral one.
Mr. Schrier made a motion to adopt R2004-100; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
ADMINISTRATOR REPORT
1. Mr. Mountain
suggested either canceling the August 24th meeting or have the
meeting begin at 5:00 p.m. as the agenda will be very light and it appears that
three of the Committee members will not be able to attend.
The Committee decided to cancel the meeting and authorized Mr. D’Emidio
and Mr. Phelan to sign vouchers for payment as usual.
2. Mr. Mountain
reported that the Borough Administrator contacted him regarding the Township and
Borough jointly applying for a grant to replace the M.A.S.H. vehicle.
If received, the Borough and Township would jointly purchase the vehicle
and lease it to M.A.S.H. Mr.
Mountain will research any liability issues related to ownership of the vehicle.
The Committee agreed to pursue the grant.
Mayor Pierson acknowledged a letter from Messrs. Pulver and
Herman requesting the vacation of an easement from their properties on
Cobblefield Drive to the Irene Spring Tree Farm property.
The request will be referred to the Planning Board.
Mayor Pierson shared a request from the Mendham Township
First Aid Squad for clarification of the application procedure.
The request is that upon recognition by the Township Committee, an
applicant can be considered a member of the Squad and the in depth background
checks, etc., can be done following that recognition.
The Committee agreed that the First Aid Squad Captain use discretion in
the case of someone who is not currently known to the Squad in light of
“homeland security” issues.
Mayor Pierson asked which members of the Committee will be
participating in the Borough Labor Day Parade.
He will march with Brookside Engine Company, Mr. Schrier will march with
the Freeholders and Mr. Phelan will represent the Township Committee.
Mayor Pierson met with the Wildlife Management Committee
and hunting dates for Township parks were established.
A resolution will be prepared for the September 13th meeting.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
JCP&L/audit of
facilities
2.
DCA/aid for capital
improvement projects
3.
Pulver &
Herman/vacation of Cobblefield Drive easement
4.
Senator Bucco/Local
Domestic Preparedness Equipment Grant
5.
Morris County
Cross-Acceptance Alert
6.
Computed Tax Rate
7.
NJSLOM Fax Advisory (3)
8.
DEP/Livable Communities
Grants Program
9.
NJSLOM Legislative
Bulletin
10.
Assemblywoman
Myers/Highlands Act
Mr. Schrier said it is not necessary to respond to item
#10. He asked if item #1 is an
intrusion upon Township property. It
was explained that this is a routine undertaking and no intrusion to the
Township or its residents.
LEGISLATIVE REPORT
Mr. Krieg asked about a recent grant notification for body
armor for police and he asked if the Township applied.
Mr. Mountain to follow up with the Police Chief.
Mayor Pierson said that Washington Township has sent a
resolution of support for authorization for an evaluation of the benefits of the
elimination of the county office of superintendent of schools and asked how the
Committee felt about it. He also
acknowledged Janet Richards, of the Mendham Township Board of Education who was
in the audience and asked her how she felt about this.
Mrs. Richards said she was not familiar enough with the issue.
Mr. Schrier said
that the Freeholders had originally proposed and adopted
such a resolution. A copy of
the County resolution will be provided for the Committee.
Mayor Pierson received a resolution from Assemblyman
DeCroce and recommended that the Township pass the same.
The following resolution was offered.
Resolution R2004-102
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM URGING THE NEW JERSEY LEGISLATURE TO STRENGTHEN THE BALANCED BUDGET
PROVISION OF THE STATE CONSTITUTION
WHEREAS, the New Jersey Supreme Court has ruled that contract bonds can
not be used to balance the State budget under the State Constitution; and
WHEREAS, the Supreme Court will allow the State to issue $2.7billion in
contract bonds to support a 17 percent spending increase in this year’s State
budget; and
WHEREAS, the revenue from these bonds would be used to cover normal state
operating costs for a single year; and
WHEREAS, it will cost taxpayers billions of dollars more to retire this
debt over the next 20 to 40 years; and
WHEREAS, the Legislature could attempt to use a different type of bonding
mechanism to circumvent the Supreme Court’s ruling and balance the State
budget in the future; and
WHEREAS, the impact of borrowing to balance the State budget will have
severe negative short and long term consequences for municipalities and local
taxpayers; and
WHEREAS, repaying these bonds may reduce the amount of money available
for school and municipal aid thereby causing local property taxes to rise; and
WHEREAS, this misguided attempt to borrow money to pay for services
needed today will only hurt taxpayers and the financial stability of the State
tomorrow; and
WHEREAS, a concurrent resolution, ACR-181, pending in the New Jersey
General Assembly would authorize a referendum in November on a proposed
amendment to the State Constitution that would prohibit the State from using
bonds to balance its budget, thereby closing potential loopholes.
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the
Township of Mendham supports ACR-181 and urges its immediate passage by the
General Assembly and State Senate and that a copy of this resolution be
forwarded to Assembly Speaker Albio Sires, Assembly Minority Leader Alex DeCroce,
Senate President Richard Codey and Senate Minority Leader Leonard Lance.
Mr. Schrier made a motion to adopt R2004-102; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
Mayor Pierson noted a resolution received from two
municipalities requesting implementation of a state sponsored financial aid
program for military reservists and national guard members deployed in the
global war on terror. He
suggest checking the League of Municipalities’ position on this before taking
any action.
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.
Janet Richards, Mendham Township Board of Education:
asked about the wording in the resolution requesting the referendum on
the ballot. She said she would be
more comfortable with a statement of fact and the Committee agreed, after some
discussion, to change the last
sentence of the interpretive statement from “By forming two districts to
replace the present one, there would be two separate annual budgets and the
annual tax levy for each new district would be lower” to “By
forming two districts to replace the present one, there would be two separate
annual budgets and the annual tax levy for each new district may
be lower.”
There being no others present who wished 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 9:49 p.m.
The Washington Township Dispatch contract was discussed.
Mr. Mountain updated the Committee on the status of the PBA Negotiations.
The Committee discussed the status of an application for diversion to
allow for the rental of apartments at India Brook Park to members of the
volunteer emergency services. They
also discussed the draft lease for rental of an apartment at India Brook Park to
a member of the DPW. The cell
tower case was discussed.
Upon motion duly made and seconded the Committee returned
to open session at 10:46 p.m.
There being no other business to come before the Committee,
upon motion duly made and seconded the meeting adjourned at 10:46 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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