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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
October 11, 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,
Mr. Schrier (arrived at
8:46 p.m.
), Ms. Florek
Absent:
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 asked for a moment of silence in memory of
former Mayor Sam Tufts. Mr. Phelan
noted that Mr. Tufts, who passed away on
October 7, 2005
, had also served with the Brookside Engine Company and a Celebration of His
Life will be held on
Saturday, October 15, 2005
beginning at
1:00 p.m.
at the Brookside Community Club.
APPROVAL OF MINUTES –
September 27, 2005
– Mr. Pierson made a
motion to approve these minutes as written; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
1. Ordinance
10-2005 – Second
Reading
and Public Hearing
an ordinance of the
township of mendham, in the county of morris, new jersey, granting
municipal consent, right, permission and authority to new jersey american water
company, inc., to construct, extend, maintain, repair, replace, improve and
operate facilities for the transmission, distribution and sale of potable water
to serve an extended franchise area within 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. Pierson made a motion to adopt Ordinance 10-2005; Ms.
Florek seconded the motion.
Mr. Pierson asked if New Jersey-American was seeking to
extend the water lines. Mr. Mountain
explained that this ordinance only allows the additional lines within the
extended area.
ROLL CALL – All present voted YES.
2. Ordinance
11-2005 – Second
Reading
and Public Hearing
bond ordinance providing for various capital improvement
of the township of mendham, in the county of morris, new jersey, appropriating
the aggregate amount of $140,000 therefor and authorizing the issuance of
$128,250 bonds or notes of the township to finance part of the cost thereof
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 11-2005; Ms.
Florek 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.
Debbie Faiello,
2 Hamilton Drive
: referred to her correspondence to
the Township Committee in which she asked for consideration of an ordinance to
restrict the time frame during which residents would be allowed to leave trash
cans/recycling containers, etc. at curbside.
She said she is not targeting those residents who get home from work
later in the day but those who leave the empty containers out for weeks at a
time. Mr. Pierson noted that the
Township Committee has discussed this in the past and if the Committee acted on
an ordinance it would have to apply to the entire Township, not only
Hamilton Drive
. Mr. Phelan remembered contacting
several homeowners when this subject came up in the past and he found that
approach helpful, noting that it would be best to try that approach rather than
impose such a law. The Committee
agreed to have Mr. Falcon look at the ordinance as previously written.
Ms. Florek noted that this is similar to the noise ordinance that was
adopted last year and has worked out well.
No others present asked to be heard.
Upon motion duly made and seconded, the meeting was closed to the public.
NEW BUSINESS
1. Ordinance
12-2005 – First
Reading
ordinance amending
subsection 13-14.7 “fees for professinal services rendered to municipal
agencies in connection with an application for development”
Mr. Pierson made a motion to adopt Ordinance 12-2005 upon
first reading with second reading and public hearing to be scheduled for
October 25, 2005
; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 12-2005 is attached hereto and made a
part hereof.
2. Resolution
R2005-131 - to be held for future
meeting
3. Resolution
R2005-132
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, EXTENDING APPOINTMENT OF CABLE TELEVISION CONSULTANT
WHEREAS, Jesse Patterson was appointed as a consultant to the Cable
Television Committee by resolution adopted on
February 22, 2005
; and
WHEREAS, the maximum amount of compensation authorized by that resolution
has been reached and it is the recommendation of the Township Administrator that
the appointment be extended.
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the Township of Mendham, that the appointment of Jesse
Patterson be extended through December 31, 2005 at the rate of $15.00 per hour,
with the total cost of the services not to exceed $500 without the consent and
authorization of the Township.
Ms. Florek made a motion to adopt R2005-132; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
4. Resolution
R2005-133
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 R2005-133; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
5. Mayor Krieg
suggested moving ahead with a study regarding the dissolution of the regional
high school district. He feels that
the Township does not have adequate representation on the regional high school
board. Mr. Phelan would like to
invite the Township representative on that board to come to a Township Committee
meeting to address the concerns of the governing body.
Ms. Florek suggested that questions be prepared and forwarded to the
representative in advance of the discussion with the Township Committee.
Mayor Krieg expressed concern with the Regional High School
Board’s recent referendum that authorized $2 million from reserve into their
construction project. Mr. Phelan
agreed that the residents need to challenge the Board of Education.
Ms. Florek said the per-student cost to
Mendham
Township
is such that
Mendham
Township
is carrying the majority of the cost. Mr.
Pierson said that the other towns in the district need to go along with
Mendham
Township
in moving towards dissolution of the district.
Mayor Krieg said he met with Mayor Kraft of Mendham Borough and Mayor
Kraft doesn’t think the Borough’s residents are concerned about the funding.
6. Mayor Krieg
would like to encourage
Morris
County
to obtain noise measuring equipment that would aid municipalities that want to
implement state noise regulations.
7. Ms. Florek
asked the Committee to address mailing costs for the care packages that have
been collected for the troops in
Iraq
. Mr. Pierson said he is
uncomfortable using Township funds. Mr.
Phelan suggested that each member of the Township Committee begin the donation
process by contributing $20. The
other members present agreed to do that and hopefully other donations will be
forthcoming.
8. Mayor Krieg
noted the receipt of a grant in the amount of $7500 from the Highlands Council
to be used for COAH expenditures.
9. Mr. Phelan
recommended quarterly meetings with the library board to assist them with the
budget process.
10. Mayor Krieg
received a thank-you note from the Ralston Historical Association and he also
noted the upcoming house tour on October 16th during which the
General Store and the Ralston Mill will be open.
ADMINISTRATOR REPORT
1. Mr. Mountain
said the sub-committee is moving ahead on the emergency services building
project. They are nearing a
consensus on the floor plans. He
said similar progress has been made on the police building and he will be
scheduling the architects for a Township Committee meeting prior to Planning
Board site plan review.
2. Mr.
Mountain, along with Mr. Mattioli, looked at several potential sites for the
proposed playground in the Brookside area. He
said the site that appears to be the most appropriate is adjacent to the
Brookside Beach site because it would only need minor waivers from the DEP and
is far enough from the school. Mr.
Mattioli will be approaching the school board with the concept and Mr. Aubin
will begin the initial work for any waivers that are necessary.
He expects support for this project to be similar to that for the
Finlay’s project at Ralston. Mr.
Phelan said that if the playground is located close to the elementary school the
stakeholders, in this case, the children, should participate in choosing the
location.
(Mr. Schrier arrived at this point in the meeting)
3. Mr. Mountain
reported that the well that serves the Ralston Firehouse is not functioning and
he has contacted New Jersey-American Water Company about connecting to their
water line and he expects that to be a small expenditure.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Denise Lanza/NJRPA/Green Acres proposed revisions
2.
NJLM Mayors Fax Advisory (8)
3.
Green Acres Program/Payment in-lieu-of
taxes
4.
Taylor Pels and Andrea Ricca/Mini Mall
5.
Brian Lang/Choice of Cable
6.
Arbor Day Foundation/Tree City USA
7.
J&J Taxi and Limo Service/Request for Consent to Operate
8.
Morris County Park Commission/White-Tailed Deer Management Program
9.
Morris County MUA/Recycling Awards Dinner
10.
Great Swamp Watershed Management Committee/Ten Towns Appropriation
11.
COAH/Housing Element/No Objections
Mayor Krieg noted a letter of resignation from the
Recreation Commission from Nancy Medford. An
appropriate resolution will be prepared for the next meeting of the Township
Committee.
LEGISLATIVE REPORT
Mr. Pierson suggested a letter requesting a delay in the
adoption of new Green Acres rules. A
draft letter has been circulated by the NJLM.
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:
noted the passing of Sam Tufts. He
also reported that the weekend rain created some problems at the Brookside
Firehouse.
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 9:17 p.m.
The Committee discussed possible acquisition of property, a
personnel matter and a litigation matter.
Upon motion duly made and seconded the Committee returned
to open session at 10:16 p.m.
The following resolution was offered:
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPPOINTING ACTING FIRE SUBCODE
OFFICIAL/FIRE INSPECTOR
WHEREAS, there is a need for an acting Fire Subcode Official and Fire
Inspector through December 31, 2005; and
WHEREAS, it is the recommendation of the Township Construction Official
and the Township Administrator that Robert Westenberger be appointed as acting
Fire Subcode Official and Fire Inspector; and
WHEREAS, Robert Westenberger has agreed to serve as acting Fire Subcode
Official and Fire Inspector effective October 11, 2005 through December 31,
2005.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, that Robert Westenberger
be appointed acting Fire Official and Fire Subcode Official be compensated as
follows:
1.
Fire Official Salary
October 11 - December 31, 2005 =
$1,269.38
2.
Fire Subcode Salary October
11 – December 31, 2005 = $2,290.20
3.
As Fire Official – the sum of $35 for each certificate issued in
compliance with the requirements of N.J.S.A. 52:27D-198.1 respecting
smoke-sensitive alarm devices in structures to be sold or leased and the sum of
$20.00 for each reinspection.
4.
Reimbursement for use of personal motor vehicle at the currently
approved rate per mile (48.5)
Mr. Schrier made a motion to adopt R2005-134; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
There being no additional matters to come before the
Committee, upon motion duly made and seconded the meeting adjourned at 10:18
p.m.
Attachments:
Approved Bill List
Ordinance 12-2005
ORDINANCE 12-2005
ORDINANCE AMENDING SUBSECTION 13-14.7 “FEES FOR
PROFESSIONAL SERVICES RENDERED TO MUNICIPAL AGENCIES IN CONNECTION WITH AN
APPLICATION FOR DEVELOPMENT”
BE IT ORDAINED by the Township Committee of the Township of Mendham, in
the County of Morris, New Jersey, as follows:
Section 1. Section (d. 11) of
Subsection 13-14.7 entitled “Fees for Professional Services Rendered to
Municipal Agencies in Connection with an Application for Development is hereby
amended to read as follows:
11.
Lot Development Permit
$3,000
(Chapter XXIV)
Section 2. This ordinance
shall take effect after final passage and publication as required by law
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