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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
November 14, 2005
Mayor Krieg called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Schrier, Ms. Florek
Absent:
Mr. Phelan,
Also Present: Christopher
Falcon, Esq., Township Attorney
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Krieg 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 10, 2005
; Notice was posted on the bulletin board in Township Offices and Notice was
filed with the Clerk on
January 10, 2005
.”
Mayor Krieg acknowledged members of the Mendham Boy Scout
Troop who were attending this meeting as a requirement of their Citizenship in
the Community badge.
Sgt. Steven Crawford, of the Mendham Township Police
Department, gave an abbreviated version of a Drug Awareness Seminar that is
being sponsored by The Mendham/Chester Drug Alliance and will be presented at
four locations within the Mendham/Chester communities.
The basis of the seminar is “an opportunity for all concerned parents
to become familiar with today’s drug trends and how it affects their
children.”
APPROVAL OF MINUTES -
October 25, 2005
– Mr. Schrier made a motion to approve these
minutes as written; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
1. Ordinance
13-2005 – Second
Reading
and Public Hearing
ordinance amending and supplementing the land use
ordinance of the
township
of
mendham
and relating to the regulation of flag lots
The Planning Board reviewed this ordinance as introduced
and noted two scrivener errors: (1) section 21-9.4 should read “(17) flag
lots; and (2) section 16-10.4 paragraph 10 should be revised to read:
10. Flag lot driveways and Common Driveways shall be graded to a width
of eighteen feet and shall be improved to a width of twelve (12) feet.
The entire driveway shall be improved with four (4) inches of
quarry-processed stone plus two (2) inches of bituminous concrete. The sub-base
shall be approved by the Township Engineer as suitable for these specifications.
An apron shall meet the pavement requirements of the paved driveway or as
otherwise recommended by the Township Engineer.”
Mr. Falcon advised the Committee that the changes did not
substantially alter the ordinance as introduced and it would be acceptable to
adopt with the changes.
Upon motion duly made and seconded the meeting was opened
to the public.
Sarah Dean Link,
Tingley Road
: asked for clarification of the
change to section 21-9.4. Mr. Falcon
explained that it was simply the addition of parentheses to the number 17 to
indicate that it was footnote #17.
No others 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 13-2005; Ms.
Florek seconded the motion.
ROLL CALL – All present voted YES.
2. Ordinance
14-2005 – Second
Reading
and Public Hearing
an ordinance of the township of mendham, in the county of
morris, new jersey, to repeal a portion of an ordinance entitled chapter
iii-police regulations and prohibiting the transportation of litter from outside
of the township
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 14-2005; Mr.
Pierson 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
R2005-141
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING CONTRACT FOR REAL ESTATE APPRAISAL SERVICES
WHEREAS, there is a need for an appraisal in connection with the
administration of the Mendham Township Open Space Trust Fund; and
WHEREAS, a proposal has been received from Matthew S. Krauser of Integra
Realty Resources to provide a Real Estate Appraisal Limited, Summary Report of
the Sisters of St. John the Baptist Property, in an amount of $7,500.00.
WHEREAS, the Township Chief Financial Officer has advised that monies are
available for payment for the service to be performed pursuant to the contract
authorized by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, as follows:
1.
A contract for an update of a real estate appraisal to be
performed with respect to the property known as Lot 17 in Block 100 is hereby
awarded to
Matthew S. Krauser of Integra
Realty Resources.
Mr. Schrier made a motion to adopt R2005-141; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
2. Resolution
R2005-142
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF
APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58
WHEREAS, there appears to be insufficient funds in the following 2005
appropriations to meet the demands thereon for the balance
of the year:
TO: Data
Processing
OE
Assessor
OE
Engineering
SW
Uniform Construction Code
SW
Police
OE
Fire Inspection
SW
Health Insurance
OE
Aid to Seniors
OE
Electricity
OE
Gas
OE
Court
SW
Legal – Labor
OE
Open Space Committee
OE
WHEREAS, there appears to be a surplus in the following 2005
appropriations over and above the demand deemed to be necessary for the balance
of the year:
FROM: Finance
OE
Tax Collection
OE
Legal
OE
Historic Preservation
OE
Planning Board
SW
Planning Board
OE
Other Code Enforcement
SW
OEM
OE
Tree Protection
OE
Zoning
OE
Dispatch Services
OE
Aid to Fire
OE
Fire Cistern
OE
Prosecutor
OE
LOSAP
OE
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that in accordance with the
provisions of NJSA 40A:4-58, part of the surplus in the appropriations
heretofore mentioned be and the same are hereby transferred to the
appropriations mentioned as being insufficient to meet the prior demands.
BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make
the following transfers:
TO:
Data Processing
OE $ 7,500
Assessor
OE 1,700
Engineering
SW 2,000
Uniform Construction Code
SW 6,300
Police
OE 6,000
Fire Inspection
SW 2,000
Health Insurance
OE 1,500
Aid to Seniors
OE 4,000
Electricity
OE 11,000
Gas
OE 33,500
Court
SW 1,000
Legal – Labor
OE 1,500
Open Space Committee
OE
150
Total
$78,150
FROM: Finance
OE 1,000
Tax Collection
OE 1,200
Legal
OE 23,000
Historic Preservation
OE 8,000
Planning Board
SW 1,000
Planning Board
OE 13,000
Other Code Enforcement
SW 3,700
OEM
OE
550
Tree Protection
OE
2,500
Zoning
OE
2,500
Dispatch Services
OE
7,500
Aid to Fire
OE 10,000
Fire Cistern
OE
1,500
Prosecutor
OE
1,000
LOSAP
OE
1,700
Total
$78,150
A certified copy of this resolution shall be forwarded by the Township
Clerk to the Treasurer.
Mr. Schrier made a motion to adopt R2005-142; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
3. Resolution
R2005-143
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, IN SUPPORT OF THE MORRIS COUNTY
AGRICULTURE DEVELOPMENT BOARD’S POSITION ON THE STATE AGRICULTUIRE DEVELOPMENT
COMMITTEE’S PROPOSED NEW RULE REGARDING EQUINE REGULATIONS
WHEREAS, on September 23, 2005, the State Agriculture Development
Committee (SADC) pre-proposed a new rule, 2:76-2A.10 Agricultural Management
Practice for Equine Activities on Commercial Farms; and
WHEREAS, the SADC forwarded the rule to County Agriculture Development
Boards and other interested parties requesting comments prior to the rule’s
publication in the New Jersey Register; and
WHEREAS, said rule was reviewed by the Morris County Agriculture
Development Board (Morris CADB); and
WHEREAS, on October 13, 2005, the Morris CADB adopted a Position Paper
which contains the Morris CADB’s comments regarding the proposed rule.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, as follows:
1.
The Committee concurs with the Morris CADB’s position regarding
2:76-
2A.10 Agricultural Management Practice for Equine
Activities on Commercial Farms as summarized in the Morris CADB’s Position
Paper adopted on October 13, 2005;
2.
The Committee strongly opposes the adoption of 2:76-2A.10;
3.
The Committee urges the SADC to revise 2:76-2A.10 to recognize
regional
differences in equine practices and to give the CADBs the
authority and the flexibility to consider local constraints and differences in
management standards when reviewing equine proposals;
4.
A certified copy of this resolution shall be forwarded to the
Governor of the
State of New Jersey, the Secretary of the New Jersey
Department of Agriculture, the Executive Director of the State Agriculture
Development Committee, the Morris County Legislative Delegation and to the
Boroughs of Chester and Mendham and the Townships of Boonton, Chester, Harding,
Jefferson, Long Hill, Montville, Mount Olive, Randolph, Rockaway and Washington.
Mr. Pierson made a motion to adopt R2005-143; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
4. Discussion
of Historic Preservation Ordinance
Mayor Krieg asked the members of the Township Committee for
their thoughts on where to go with the proposed ordinance.
Ms. Florek feels they need to regroup as far as the status of the current
proposal. Mr. Pierson said that they
should all refresh their memory of what is considered to be the final version
and he reviewed the two major parts of the ordinance which address the
demolition process and the addition/alteration process as they relate to an
historic structure. Mayor Krieg
pointed out that residents may not be aware that, in some cases, the Historic
Preservation Committee may agree with a proposed demolition.
He said he agrees with Mr. Pierson that they need to revisit the proposed
ordinance. Mr. Schrier feels
that the ordinance was created as a way to address the preservation of the
history of the Township and one difficulty that he sees is that if a prospective
new owner of an historic property expresses a desire to demolish the structure
and is told there could be a one year delay, the sale of the historic structure
could be jeopardized. He also agrees that the Committee should take another look
at the proposed ordinance. Mayor
Krieg suggested the Committee review the ordinance early in 2006.
5. Resolution
R2005-144
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING PARTICIPATION IN THE
MORRIS CHAPTER (McARP) FOR THE YEAR 2006
WHEREAS, there has been created a Morris County Adaptive Recreation
Program (McARP); and
WHEREAS, said program intends to provide recreational services for
persons with disabilities of all ages, and further to give said persons an
opportunity to explore new leisure time skills in conjunction with their age and
abilities; and
WHEREAS, the total project cost is estimated to exceed $300,000.00; and
WHEREAS, the Township of Mendham’s costs with respect thereto will be
approximately $800.00 according to the Fair Share Ratio schedule.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, as follows:
1.
That the Township of Mendham hereby intends to join the Morris
County Adaptive Recreation Program (McARP) as described above and contribute
thereto in the amount not in excess of the Fair Share Assessment for one year.
Mr. Schrier made a motion to adopt R2005-144; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
6. Resolution
R2005-145
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. Pierson made a motion to adopt R2005-145; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
ADMINISTRATOR REPORT
1. Mr. Mountain
reported that the emergency services building site plan will be presented to the
Planning Board at their meeting on November 21st for a courtesy
review. He said the police building
design is at the same stage and will be presented to the planning board in
December.
2. Mr. Mountain
noted that their will be a session regarding controlling liability claims
against municipalities at the NJLM and credit towards the premium will be given
for each governing body member that attends.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
- NJLM
Mayors Fax Advisory (13)
- NJLM
Washington Watch
- Alex
& Alice Fraenkel/243 Mountainside Road
- County
Administrator/Alliance Grant
- Assemblyman
Merkt/DEP Green Acres Rules and Regulations
- Senator
Bucco/Resolutions
- Mendham
10K Run for Patriots/Thanks
- WMRHSD/Long-range
Plan to Planning Boards
- Pat
Hayden to Postal Service/Thanks to Rita and Pete
- First
Energy/Notification of Aerial Testing
LEGISLATIVE REPORT
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, W. Main Street: asked about the status of
the DEP permit for the firehouse project. Mr.
Mountain replied that they are still waiting.
Pat Zimmerman, W. Main Street:
reported that the Board of Adjustment has been sending applicants to the
Historic Preservation Committee on a regular basis and in one case going to the
HPC was a condition of granting a variance.
Evan Thomas, W. Main Street:
reported that the Borough sent out flyer regarding the Citizens Emergency
Response Team (CERT) program and he has received 18 calls from interested
persons. He said the next 20-hour
class would be held in Lincoln Park in January.
Mr. Schrier suggested a press release to possibly attract more people.
No others 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 9:46 p.m. Three
personnel matters were discussed. Mr.
Mountain updated the Committee on a possible acquisition of property
opportunity.
Upon motion duly made and seconded the Committee returned
to open session at 10:23 p.m. There
being no other matters to come before the Committee, upon motion duly made and
seconded the meeting adjourned at 10:23 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
Attachments:
Approved Bill List
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