MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

November 22, 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, Mr. Phelan,

                                                 Absent:          Ms. Florek, Mr. Schrier (arrived at 9:54 pm )

                                       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.”

APPROVAL OF MINUTES – November 14, 2005 – Mr. Pierson made a motion to approve these minutes as written; Mr. Phelan seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS – No old business

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public.

Kevin Johnson, 2 Bittersweet Lane :  represents the Citizen’s Campaign for “Pay-to-Play” Reform and submitted a model ordinance to the Township Committee for their consideration.  Mr. Pierson asked for the source of the material presented.  Mr. Johnson said a team of legal experts drafted the model ordinance.  Ms. Heather Taylor, a supporter of this proposed legislation from Middlesex County , explained that this ordinance has been adopted by several municipalities in the State since 2001.  Mayor Krieg asked if the County has been approached.  Ms. Taylor said no other Morris County municipalities have been approached todate.  Mr. Pierson noted that he has always paid for his own campaigns and dislikes pay-to-play.  He asked for a list of names of those who drafted the ordinance and indicated that if that list contained an equal representation of republicans and democrats he would be tempted to consider.  Ms. Taylor said their organization is non-partisan.  Mayor Krieg noted that no one on this governing body has had contributions from anyone doing business with the Township and he asked why this group is approaching Mendham Township .  Ms. Taylor indicated that their organization was approached by some Township residents.

George Koenig, Ironia Road :  thanked the Committee for passing the resolution is support of the County Agriculture Development Board’s position on the State Agriculture Development Committee’s proposed new rule regarding equine regulations.  Mr. Koenig believes the State will try to extend these rules to all animal types and he suggested that the Committee consider enacting an ordinance that addresses maximum animals per acre.

No others present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public. 

NEW BUSINESS

1.  Update on the West Morris Mendham School Construction Program.  Meg Berlin, John Notte, Jeff Emery, Jackie Schram and Doug Pechinec were present.  Mrs. Berlin announced that the district received a second $500,000 grant for teaching American History and a teacher at Central has been named History Teacher of the Year, which is a national award.  Mr. Emery reviewed the components of the construction project that will begin in December 2005 with an anticipated completion date of December 2006. 

Deputy Mayor Pierson complimented the Superintendent and Administration of the District for their aggressive drug and alcohol abuse education program. 

Deputy Mayor Pierson asked if the District has taken the Highlands legislation into consideration in their projected enrollment numbers.  Mr. Emery said they know the numbers for the next six-seven years and Mr. Pechenec said their demographer will give them an update with that legislation factored in.  Deputy Mayor Pierson asked if the Board of Education has had any change in mind in supporting a change in the funding formula.  Mr. Emery suggested a call to Mayor Short.  

Mayor Kreig noted the upcoming Drug Alliance presentations and he is pleased to see the level of cooperation between the District and the Alliance .   He also asked about the procedures for determining whether students enrolled are actually residents of the District.  Mr. Notte replied that some enrollments have been challenged and they are taking measures to identify offenders.

Mayor Krieg asked about the state of the sewer line project at Central.  Mr. Emery said that site specific applications cannot be touched and with the line going directly through a Highlands areas all projects are being delayed by the DEP. 

Mayor Krieg said he met with Mayors Short and Kraft and noted that the amount per student reported is not totally accurate and asked that the actual numbers be provided to the Township Committee.

Deputy Mayor Pierson asked if the District has considered hiring a construction manager, noting that Mendham Borough Schools credited a construction manager with enabling their project to come in under budget.

2.  Discussion of Curbside Waste Disposal Ordinance.  Mr. Falcon said he looked at the Committee’s previous attempts to regulate the timeframe for residents to leave waste containers at curbside and he said such a regulation is “like using a hammer to kill a flea.”  He suggested the Committee consider an ordinance that would address those few who leave trash, containers, etc. curbside for an unreasonably long period of time.  The Committee agreed to look at this in January.

3.  Ordinance 15-2005 – First Reading

bond ordinance providing for the acquisition of a new ambulance in and by the township of mendham, in the county of morris, new jersey, appropriating $150,000 therefor, and authorizing the issuance of $142,500 bonds or ntoes of the township to finance part of the cost thereof

Mr. Pierson made a motion to adopt Ordinance 15-2005 upon first reading with second reading and public hearing scheduled for December 12, 2005 ; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 15-2005 is attached hereto and made a part hereof.

4.  Resolution R2005-146

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AWARDING CONTRACT FOR THE COLD HILL ROAD DETENTION BASIN PROJECT

            WHEREAS, bids were submitted to the Township for work in connection with the Cold Hill Road Detention Basin Project; and

            WHEREAS, the following bids were received:

            Bidder                                                                          Total Bid Amount

            Empco Contracting, Inc.                                             $85,784.00

            H & G Contractors, Inc.                                              $117,234.00

            WHEREAS, on the basis of the bids, the Township Engineer has recommended that a contract be awarded to Empco Contracting, Inc. and

            WHEREAS, the availability of funds for the payment of charges pursuant to the contract hereby awarded has been certified by the Chief Financial Officer of the Township; and

            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 work in connection with the Cold Hill Road Detention Basin Project in the amount of $85,784.00 is hereby awarded to Empco Contracting, Inc.

2.      The Mayor is hereby authorized and directed to execute a Contract between

the Township and Empco Contracting, Inc. and the Township Clerk is hereby authorized and directed to attest such contract and to affix the corporate seal thereto, and when so executed and attested the contract shall be a valid and legally binding contract 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 contract.

3.      A certified copy of this Resolution shall be forwarded by the Township Clerk

to Empco Contracting, Inc., 70 C Washington Avenue , Dumont , NJ 07628 .

Mr. Phelan made a motion to adopt R205-146; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2005-147 –  hold for later in the meeting

6.  Resolution R2005-148

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING PERMANENT EMPLOYEE TO THE DEPARTMENT OF PUBLIC WORKS

            WHEREAS, Stephan Holmes has successfully completed the appropriate probationary period of employment; and

            WHEREAS, the Superintendent of the Department of Public Works has reported that Stephan Holmes has completed probationary status and recommends that he be appointed a permanent employee of the Department.

            NOW, THEREFORE, BE IT RESOLVED that Stephan Holmes be appointed as a permanent employee in the Department of Public Works effective November 8 2005 .

Mr. Phelan made a motion to adopt R2005-148; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

7.  Resolution R2005-149

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 R2005-149; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

ADMINISTRATOR REPORT

1.  Mr. Mountain reported that the Tree Preservation Committee will fund the replacement of an Oak tree on Tempe Wick Road that was damaged by lightening.  They are also planting several Maple trees along the parking area for the Tempe Wick Reserve.

2.  Mr. Mountain reported that the Dept of Agriculture has approved the preliminary application for a loan for the disposal bed project.

3.  Mr. Mountain and Chief Costanza briefed the Committee on the status of a police vehicle involved in an accident.  The insurance appraiser determined the vehicle to be a total loss and because it was essentially a brand new car, the replacement value is high.  The Chief would like approval to begin the process for replacing the vehicle prior to receiving the check from the insurance company because the replacement process could take up to eight weeks.  Mr. Pierson made a motion to proceed with the replacement; Mr. Phelan seconded the motion.  ROLL CALL – All present voted YES.

4.  Mr. Mountain explained the requirement for adopting R2005-147 that authorizes an agreement with Green Acres for funding.  He explained that this agreement is for the total planning incentive which was most recently amended by $575,000.

R2005-147

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING EXECUTION OF AGREEMENT WITH THE GREEN ACRES PROGRAM

            WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

            WHEREAS, the Township of Mendham desires to further the public interest by obtaining a grant of $2,225,000 from the State to fund Mendham Township Open Space Acquisition.

            NOW, THEREFORE, the governing body resolved that Stephen P. Mountain or the successor to the office of Township Administrator is hereby authorized to:

(a)   make application for such a loan and/or such a grant

(b)   provide additional application information and furnish such documents as may be required

(c)   act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in

conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

            WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

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

1.      That the Township Administrator of the above named body is hereby authorized to execute an agreement and any amendment thereto with the State known as Mendham Township Open Space Acquisition, and’

2.      That the applicant has its matching share of the project, if a match is required, in the amount of $2,225,000.

3.      That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4.      The applicant agrees to comply with all applicable federal, state, and local laws, rules and regulations in its performance of the project.

5.      That this resolution shall take effect immediately.

Mr. Phelan made a motion to adopt R2005-147; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

5.  Mr. Mountain noted the State mandated incident command training for executives and administrators in the OEM process.  He said the OEM Coordinator and he will meet to establish a training program.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      First Energy Corp/Upcoming Aerial Patrol

2.      Morris County Freeholders/ India Brook Trail Connector Grant

3.      Harding Township Housing Element

4.      Morris County Agriculture Development Board/Applications

5.      FEMA/Flood Insurance Rate Maps Update

6.      NJLM Mayors Fax Advisory (3)

LEGISLATIVE REPORT – No 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.

Pat Zimmerman, West Main Street :  she thought the proposed firehouse was going to look like a barn and the design presented doesn’t reflect what the Township is about…could the firehouse be dark green or brown because the design as presented is very noticeable.  Mr. Pierson noted that the “barn” design was from a preliminary concept and the current architect shows a stucco design that is within the allocated budget.   He noted that the design has gotten good reviews from most of those who have seen it.

Mrs. Zimmerman suggested clapboard or something that blends in with the surrounding area.  Mr. Pierson said that people have been working hard on this to come up with a plan that is acceptable to all.  Stucco is a lower cost that clapboard or brick and the firehouse will have a slate gray roof and light yellow exterior to match and/or compliment Township Hall.  Mrs. Zimmerman said she will talk with Mr. Pierson at a later time.   Mr. Pierson said he will ask the architect for his views on clapboard.  Mr. Phelan said the maintenance costs for clapboard would be higher than stucco.

No others 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 9:39 p.m.   (It is noted that Mr. Schrier arrived at 9:54 p.m. )  The Committee met with Chief Costanza to discuss a personnel matter.  Chief Costanza left the meeting at 9:55 p.m.   Other personnel matters were discussed.  Mr. Mountain updated the Committee on the potential acquisition of property.  Mr. Falcon reviewed a litigation matter as well as two additional potential litigation issues.

Upon motion duly made and seconded the Committee returned to open session at 10:33 p.m.

The following resolution was offered:

R2005-150

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING EXECUTION OF AGREEMENT BETWEEN JEFFREY BETZ AND THE TOWNSHIP

            WHEREAS, the Mayor and Township Committee of the Township of Mendham hereby accept the resignation of Jeffrey Betz from the positions of Fire Official and Fire Subcode Official and authorize the payment of four months salary as severance.

            NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute any and all documents necessary to effectuate the Agreement between Mr. Betz and the Township as to his separation from employment in the name and on behalf of the Township.

Mr. Phelan made a motion to adopt R2005-150; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

The following Ordinance was introduced:

Ordinance 16-2005 – First Reading

ordinance amending section 28-1 of the mendham township ordinance code relating to enforcement of the uniform fire code

Mr. Phelan made a motion to adopt Ordinance 16-2005 upon first reading with second reading and public hearing scheduled for December 12, 2005 ;  Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 16-2005 is attached hereto and made a part hereof.

Upon motion duly made and seconded the Committee returned to closed session at 10:36 p.m.  

They discussed a personnel matter.

Upon motion duly made and seconded the Committee returned to open session at 10:39 p.m.  

There being no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:40 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

Attachments:

Approved Bill List

Ordinance  15-2005

Ordinance 16-2005

ORDINANCE 15-2005

BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW AMBULANCE IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $150,000 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

                        BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

                        Section 1.  The improvement described in Section 3 of this bond ordinance is hereby authorized to be undertaken by the Township of Mendham , New Jersey .  For the improvement or purpose described in Section 3, there is hereby appropriated the sum of $150,000, including the sum of $7,500 as the down payment required by the Local Bond Law.  The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

                        Section 2.       In order to finance the cost of the improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $142,500 pursuant to the Local Bond Law.  In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

                        Section 3.

                                                (a)  The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is the acquisition of a new ambulance complete with equipment, including all costs necessary therefor or incidental thereto.

                        (b)  The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof.

                                                (c)  The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor.

                        Section 4.       All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer.  The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

                        Section 5.       The capital budget of the Township of Mendham is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

                        Section 6.       The following additional matters are hereby determined, declared, recited and stated:

                                                (a)       The improvement or purpose described in Section 3 of this bond ordinance is not a current expense.  It is an improvement or purpose that the Township may lawfully undertake, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.               

                                                (b)       The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this ordinance, is 5 years.

                                                (c)        The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey .  Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $142,500, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

                                                (d)       An aggregate amount not exceeding $15,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement.

                        Section 7.       Any grant moneys received for the purpose described in Section 3 hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

                        Section 8.       The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township.  The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.  In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

                        Section 9.       The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.

                        Section 10.    This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

ORDINANCE 16-2005

ORDINANCE AMENDING SECTION 28-1 OF THE MENDHAM TOWNSHIP ORDINANCE CODE RELATING TO ENFORCEMENT OF THE UNIFORM FIRE CODE

            BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AS FOLLOWS:

            Section 1.  Section 28-1 entitled “Enforcement of the Uniform Fire Code” of the Revised General Ordinances of the Township of Mendham , 1998, is hereby amended as follows:

a.      The citation in the definition of “Code” in Subsection 28-1.2 is hereby amended to read “N.J.A.C. 5:70-1 et seq.”

b.      All of the references to the New Jersey Administrative Code in Subsections 28-1.7 and 28-1.8 are hereby corrected from Chapter 18A to Chapter 71.

c.      Paragraph 28-1.7(c) is hereby amended to read in its entirety as follows:

“c.  Appointment of Fire Official.  The Fire Official shall be appointed by the Township Committee.”

d.      Paragraph 28-1.7 (f) is hereby amended to read in its entirety as follows:

“f.  Removal from Office.  The Fire Official, the Fire Safety Inspectors and other personnel of the Fire Prevention Bureau shall be removed from office during the term of appointment only for good cause shown and after having been afforded a hearing before the Township Committee.  The revocation or expiration without renewal of certification by the Department is hereby specifically made good cause for removal.  Any charges against the Fire Official or any Fire Safety Inspector shall be brought by the Mendham Township Administrator.”

            Section 2.  This ordinance shall take effect after final passage and publication as provided by law.