MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

October 28, 2003

Mayor Pierson called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL                           Present:         Mayor Pierson, Mr. Schrier, Mr. D’Emidio,

Mr. Krieg (arrived at 7:42 )

                                                 Absent:          Mr. Phelan

                                     Also Present:            Thomas Sateary, Esq. for Roger S. Clapp, Esq.,

 Township Attorney

                                                                        Steven Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Pierson read the following statements:

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 16, 2003; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 16, 2003.”

STATEMENT OF EMERGENCY EVACUATION PROCEDURE: “In case of an emergency requiring the evacuation of this room there are two emergency exit doors along the side that you entered. In the foyer you may then either exit down the open stairwell to the exterior or enter the enclosed stairwell and exit at the bottom. Then please move away from the building until instructed that it is safe to re-enter.”

OLD BUSINESS

1. Ordinance 1-2003 – Re-adoption

bond ordinance providing for various capital improvements of the township of mendham, in the county of morris, new jersey, appropriating the aggregate amount of $470,000 therefor and authorizing the issuance of $447,500 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. Schrier made a motion to adopt Ordinance 1-2003; Mr. D’Emidio seconded the motion.

ROLL CALL – Mr. D’Emidio, Mr. Schrier, Mr. Krieg and Mayor Pierson 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. Presentation by Mr. Lou Leone / Public Information Proposal. Mr. Leone, a Township resident, introduced a proposal to create a communications committee for the purpose of distributing information to residents through electronic mail. He proposes to create a database of those residents who choose the option of becoming part of a two-way communications system in order to be better informed regarding Township issues and opportunities.

Mayor Pierson asked Mr. Leone for his background. Mr. Leone stated that he is in the technology consulting field and has lived in Mendham Township for eleven years. Mr. Schrier said that Mr. Leone contacted him last year about this concept and he found it to be interesting. He asked Mr. Leone how this would differ from the Township’s website. Mr. Leone responded that an individual would have to initiate a visit to the website while the e-mail concept would go to the resident and would have a link to the website. Mr. Schrier asked Mr. Leone about any cost to the Township once a database is set up. Mr. Leone said that once the system is set up, time, rather than cost, would be an issue, although he said the system could be automated as much as possible. Mr. Krieg asked about maintenance of the e-mail addresses. Mr. Leone said each e-mail newsletter would contain a link through which changes could be filed. Mr. D’Emidio said he is interested to know what precipitated the idea for this proposal. Mr. Leone said he saw various degrees of knowledge regarding the Township, although he has no personal issue with either the lack of or availability of information. Mr. Krieg asked what would prevent a list of e-mail addresses from being used for other purposes. Mr. Leone said security measures would be put in place and a disclaimer included. Mayor Pierson commented that Mr. Leone’s proposal in unusually well written and thorough and he will ask the Township Committee to refer this to the administrative committee for further review and recommendation.

2. Discussion of Beverly Drive vacation request. Mayor Pierson reported that he spoke with Mr. Falcon, Planning Board attorney, in order to alert the Planning Board chairman about this request and the alternative water line easement that has been discussed. He asked the Committee for comments about vacating the roadway easement now and accepting the adjacent property owners offer to grant a utility easement for a water line for firefighting purposes. Mr. D’Emidio said he has always been opposed to an extension of Beverly Drive but thinks that to vacate it now would be premature. He also said he would remain opposed to an extension of Beverly Drive in any new plan that may come before the Planning Board. Mr. Krieg said that in addition to the water line easement he would like to include other utilities such as electric and cable and would like to hear the Planning Board’s comments. Mr. Schrier said that he expressed support for vacating the roadway easement at the previous meeting and remains supportive now and would not change that support in light of any new plans. Mr. Mountain said that as a member of the Planning Board he supported a proposal that provided an alternative to extending Beverly Drive and would not change that position regarding any new plan.

Mayor Pierson asked Mr. Sateary if he knew of anything coming from Trenton or Washington relative to undeveloped property. Mr. Sateary did not know of anything. Mayor Pierson said he agrees with Mr. Schrier but he wants to make sure the Planning Board is in concert with the Committee on this issue. He said that either he or Mr. D’Emidio would present the situation to the Planning Board and if there are no objections by that Board, it will come back to the Township Committee for action by an ordinance to vacation the easement and also an acceptance of the utility easement.

Mr. Sheehan, one of the adjacent property owners requesting the vacation of the roadway easement, said that the Committee indicated at the last meeting that they would resolve the matter at this meeting and he is concerned that he will be left with no options but to find other ways to accomplish the vacation as 45 days will have elapsed following subdivision approval.

Mayor Pierson said that this issue is separate and apart from the subdivision approval. Mr. Sheehan said the easement comes from a lot that intersects with his and his neighbor’s lots and his concern is that the Planning Board resolution does not clarify the easement issue. There was discussion back and forth regarding intent by the Planning Board regarding the roadway easement and how the vacation should be handled. Mayor Pierson said that clearly the Township Committee is responsible for vacating easements. The members of the Committee agreed with what should be done and acknowledged that the formality is for the matter to go back to the Planning Board for comment prior to the Committee adopting an ordinance to vacate the easement. Mayor Pierson pointed out that the Planning Board has canceled both November meetings so the earliest they can address this is in December and once that has occurred the Committee will begin the process of vacating the easement and also to accept the water line easement. There was a discussion of hydrant vs pumping from pools and all were in agreement that a water line to support a hydrant would be part of the deal. Mr. Sheehan said the Planning Board resolution does not describe the water line easement, it only stipulates allowing for it. Mayor Pierson directed Mr. Mountain to draft a letter from him to the Planning Board to begin the process of vacating the easement.

3. Ordinance 25-2003 – First Reading

an ordinance of the township of mendham providing for the purchase of a 4wd vehicle for the mendham township police department by the township and appropriating $26,000 from capital surplus

Mr. D’Emidio asked about the disposition of the 1996 Explorer that this vehicle will replace. Mr. Mountain said it will be included in the next auction of municipal property. Mayor Pierson asked if there was any other way to get a better price. Mr. Mountain said the auction would probably be the best price.

Mr. Krieg made a motion to adopt Ordinance 25-2004 upon first reading with second reading and public hearing to be scheduled for November 25, 2003 ; Mr. D’Emidio seconded the motion.

ROLL CALL – Mr. D’Emidio, Mr. Krieg, Mr. Schrier and Mayor Pierson voted YES.

A copy of Ordinance 25-2003 is attached hereto and made a part hereof.

4. Resolution R2003-103

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:

 [ ] personnel                           [x] contract negotiations

 [ ] acquisition of property                    [x] litigation

 [ ] 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. D’Emidio made a motion to adopt R2003-103; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5. Resolution R2003-104

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, IN SUPPORT OF PUBLIC QUESTION #1 ON THE NOVEMBER 4, 2003 GENERAL ELECTION BALLOT

            WHEREAS, New Jersey’s open space provides protection for water supplies and recreational opportunities for millions of people, habitat for plants and animals, and flood and storm damage protection; and

            WHEREAS, Farms provide an abundance of food and other locally grown farm products which are the foundation of an industry that adds some $1.5 billion annually to the state’s economy, while also protecting water and soil resources, helping to hold down municipal property taxes and keeping the Garden State both green and productive; and

            WHEREAS, Community parks provide recreational opportunities for neighborhoods throughout New Jersey, improving the quality of life and promoting neighborhood revitalization, particularly in older urban and suburban communities; and

            WHEREAS, The more than 150,000 acres of critical watershed lands located within the Highlands region which provide drinking water for more than half of the State’s population are seriously threatened by sprawl and in dire need of further protection; and

            WHEREAS, The additional state funding which would be provided would leverage county, municipal and non-profit resources to preserve open space and farmland and to develop community parks; and

            WHEREAS, This additional state funding would help New Jersey’s congressional delegation with pending efforts to obtain additional federal matching funds for open space and farmland preservation, especially in the Highlands and Pinelands areas; and

            WHEREAS, Low interest rates in the current market will allow this additional funding for open space and farmland preservation and community park development to be provided without increasing any taxes or requiring any additional state funding.

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham supports Public Question #1, urges its residents to vote YES on this measure on November 4, 2003 , and authorizes the Coalition for Conservation to list it among the supporters of Public Question #1.

Mr. Schrier made a motion to adopt R2003-104; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2003-105

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROVING EXECUTION OF STIPULATION OF DISMISSAL WITH PREJUDICE AND SETTLEMENT AGREEMENT

            WHEREAS, the Township of Mendham has been engaged in litigation captioned Dr. Stephen Ko and Cristina Ko v. Township of Mendham Planning Board and Township of Mendham, (Superior Court of New Jersey: Appellate Division – Docket No. A-4128-01T3);

            WHEREAS, the parties have agreed to a settlement of the matter;

            WHEREAS, the parties have negotiated a Settlement Agreement resolving the outstanding issues between them; and

            WHEREAS, the Mendham Township Committee has determined that it is in the best interests of the Township to authorize the dismissal of the present litigation;

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey on this 28^th day of October, 2003, as follows:

1.      The Township Attorney’s execution of a Stipulation of Dismissal with Prejudice relating to the aforesaid litigation is hereby ratified and approved.

2.      The Mayor’s and Township Clerk’s execution of the Settlement Agreement on behalf of the Township with respect to the aforesaid litigation is hereby ratified and approved.

Mr. Sateary said the matter has been resolved. The settlement provides for payment to the Township with $50,000 having been received and the remainder to be paid within thirty days of the agreement. He said that the agreement will become null and void if payment is not received as stipulated.

Mr. Schrier made a motion to adopt R2003-105; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

7. Resolution R2003-106

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING CANCELLATION OF IMPROVEMENT AUTHORIZATIONS

            WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

            WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorizations may be cancelled.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that the following unexpended and dedicated balances of General Capital Appropriations be cancelled:

                                                                                    Amount                       Amount

Ordinance       Project Description                 Cancelled/Funded       Cancelled/Unfunded

25-98               First Aid Pagers and Radios          $ 6,571.00

 3-00                First Aid Bay Door                        $ 3,565.00

 3-00                First Aid Oxygen Cascade System  $ 10,000.00

 6-01                Adm Telephone System                $ 1,127.41

 6-01                Ralston Engine Equip                  $ 217.14

 6-01                Oil Filter Crusher                         $ 114.27

 6-01                State Aid / Corey Lane                     $ 907.50

 6-01                DPW Edger                                   $ 905.00

14-01               Elevator Repair                                $ 130.00

1-02                 Inflow Repair                              $ 13.17

2-02                 Combs Hollow Supplement          $ 6,568.64

5/10-02            CAT Loader                                  $ 17,175.72

5/10-02            Road Overlays                            $ 5,417.78

5/10-02            Court Room Sound System           $ 50.00

6-02                 Ralston Field Sprinkler                 $ 635.00

6-02                 Resurface Mt. Pleasant Tennis Cts. $ 360.00

6-02                 Ralston Portable Radios              $ 606.20

6-02                                  Corey Lane & Combs Hollow

 Road Reconstruction                  $ 13,309.69

16-02               Dump Truck with Plow                                                                               $ 59.05

1-03                 Beach Bulkhead                                                                          $ 9,444.05

5-03                                  Mowers                                     $ 1,684.25

5-03                        Photocopier                                                                                              $ 1,517.50

5-03                 Pond Aerator                                                                              $ 18.65

7-03                 Curb Machine                                                                                   $ 58.90

11-03               Softball fencing                                $ 7,660.00

Total                                                                $ 75,333.52                             $ 12,782.40

To Capital Surplus      $67,673.52

Mr. Schrier made a motion to adopt R2003-106; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

8. Resolution R2003-107

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING AMENDMENT TO THE CAPITAL BUDGET

            WHEREAS, the Township of Mendham , in the County of Morris , New Jersey , desires to amend the 2003 Capital Budget of the Township by correcting items therein as shown in such budget for the following reason:

                        Addition of various capital improvement projects

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

            The Capital Budget of the Township of Mendham , in the County of Morris , New Jersey , is hereby amended by changing the Schedule to read as follows:

Mr. Krieg made a motion to adopt R2003-107; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

9. Discussion of Elementary School Fire Lane

Mayor Pierson reviewed the issues relative to the fire lane. The neighbors’ concerns have been heard and a meeting was held with Mr. Mountain, Mr. Krieg and Mayor Pierson along with representatives of the school board and school administration. As a result of that meeting the Fire Official has agreed to grant a 12’ wide road easement of compacted gravel for access into the school property from Hilltop Circle . Mayor Pierson said the Township would provide a gate and fencing and perhaps contribute to the purchase of the gravel. The Committee will be addressing an ordinance to provide for the access once they have input from the Fire Official. Mr. D’Emidio noted that the State regulations call for an 18’ wide paved easement, however, because the building will be sprinklered a 12’ wide easement is permitted. He said that the sprinklered building is probably two years away. Mayor Pierson said the neighbors grudgingly agree with the need for access for emergency use only and the school board would have to deed restrict the access, which they have declined to do at this point. Mr. Mountain was asked to look into the feasibility of an alternate access from Knollwood Trail and he reported that would cost in the neighborhood of $200,000 and would require access from West Main Street to Knollwood. Mayor Pierson said that if the school board was looking for a secondary access into the school property for other than emergency use he would like them to look at the Knollwood Trail area for that. He said a no parking zone on Hilltop Circle would have to be approved.

11. Discussion of Pedestrian Crossing Signs: The State has not approved the Township’s ordinance creating Pedestrian Crossing areas at the East Main/Woodland Road/West Main/Cherry Lane intersection. The directive states that these signs may only be in a central business areas or other areas of significant pedestrian traffic and also require an approved no passing zone. Chief Costanza commented that there is no penalty for putting the signs in without approval, however, his concern is with liability in light of the disapproval by the State. Mr. Sateary commented that the Township would be liable anyway.

12. Vincent Suhocki was recognized as a new member of Brookside Engine Company No. 1.

Mr. Schrier referred to a letter to the Township Committee from the Chief of Ralston Engine Company inquiring about the status of the rental units at the Seeing Eye property. Mayor Pierson said that interested members of the Fire Department, First Aid Squad and DPW would be considered once a selection process has been created. This will be discussed in closed session. He also said that they should look into doing something with one field nearest Ironia Road that would make a wonderful soccer or baseball field. A public session is being held on Thursday, October 29^th for neighbors to both India Brook Park and Meadowood. Once that has been held the Open Space Committee will be making recommendations to the Township Committee regarding those areas.

ADMINISTRATOR REPORT

1. Mr. Mountain reported on the Woodhull property drainage issue. He said the cost has been estimated to be under $5,000 including materials already on hand. The Committee will have to make a decision on how to approach this problem as it is on private property. However, the problem seems to have been caused by engineering of a subdivision twenty-five years ago that may not have been in the best interests of the neighboring properties. One option would be to negotiate a drainage easement to the Township to own and maintain; another option would be to share the cost with the property owner and a third option is for the property owner to fund the project in total. Mr. D’Emidio pointed out that the engineering costs are more than the actual construction costs and he suggested that perhaps some of the engineering such as a survey might not be necessary. Mayor Pierson said he would like to solve this if possible and asked the Committee to comment. Mr. Schrier said the burden of proof has been established as a standard for this type of situation and he feels it is something that the Township should undertake. Mr. Krieg said Mr. Woodhull has undergone significant expense. Mr. D’Emidio said he would like to see the drainage problem resolved by working out an easement. He also suggested talking to Mr. Balut to refine his cost analysis. Mr. Mountain and Mayor Pierson will get together to proceed on this project

2. Mr. Mountain displayed maps of the site analysis of the septic needs of the municipal complex site. There are some obstacles to constructing a septic system that would serve the site. One concept looked at saving the existing firehouse. All agreed that a new firehouse is needed. One option included removal of the residence adjacent to Township Hall and owned by the Township. Another option looked at removing Police Headquarters or rehabilitating it into its original residence to replace the “pad” if that was removed. There was discussion about various possible locations for a septic system. It was noted that any site work would not have to wait until the library relocation is settled. Mr. Mountain, Mayor Pierson, Mr. D’Emidio and Mr. Balut will meet to discuss further.

3. Mr. Mountain has corresponded with the contractor for the DPW garage addition and advised him of the Township’s position regarding the re-ordered steel. The concrete contractor was told of the expectation that he would core out the flooring to prove whether or not it is to specifications and if it is not correct it will be dug out and done over and no payment will be made until it is done correctly.

4. Mr. Mountain said a joint public safety meeting will be arranged to go over the game plan regarding how to address a review of the consultant’s report and to work with the consultant on any items needing more follow through if necessary before distribution to all members of the governing bodies. Mr. Mountain said the report should be to the Township Committee by mid-November.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1         NJDOT/In-street yield to pedestrians signs/NOT APPROVED

2         Harding Township/Recodification of Master Plan

3         M/M Koste/Thanks to DPW

4         Mendham Township Board of Education/Courtesy copy of construction plans to Construction Code and Fire Code Inspectors

5         Robert Conable/Resignation from Board of Adjustment

The Committee acknowledged the resignation of Mr. Conable from the Board of Adjustment and a resolution of appreciation will be prepared.

LEGISLATIVE REPORT

Resolution R2003-104 will be sent to Michael Catania.

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.

Steven Morrison, 11 Hilltop Circle : has some questions about the proposed fire lane from Hilltop Circle into the Elementary School property. Mayor Pierson said the fire lane has been mandated by the Fire Official, however the property is owned by the school board. The Township Committee is interested in protecting requirements for homes with no hydrants nearby and although they are not requiring a paved drive, they are protecting public buildings. Mayor Pierson also said the Fire Official, Fire Chiefs and First Aid Squad would like to have a second entrance into the Elementary School as is recommended by State Fire Code. Mr. Morrison asked if the Board of Education doesn’t agree to restrict the use of the fire lane despite the urging of the Township Committee and residents, would the Township Committee move forward with the fire lane. Mayor Pierson replied that they would move forward. He said the school board could make the road a secondary entrance to the school but that would not be wise to do. He said the Knollwood Drive access would make more sense for secondary access use. He said there are two forms of government at work here; municipal government and school government and the school government needs convincing. Mr. Morrison asked if the Township can restrict the use of the roadway if the school board does not. Mr. Sateary said they probably could restrict the use. Mr. Morrison said there was some discussion about school busses using the roadway. Mr. Krieg said that never was part of the discussion. Mr. Schrier suggested that if Mr. Morrison feels the school board members, who have been elected, are not acting in the best interests of the town and those who elected them, his obligation is to go back to those members. Mayor Pierson cited the example of the parents who persisted in addressing the mold problem. Mr. D’Emidio said the reason he is on the Township Committee began with a bussing issue. Mr. Morrison said he is not against the fire lane but he is against any other use. Mr. Schrier said the Township Committee is working to regain a relationship with the school board since the failed budget in 2001. He said it has been a difficult process and they are trying to work cooperatively with each other.

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 10:16 p.m. Topics of discussion included the cell tower litigation issue, the procedure for offering the rental units at the Seeing Eye property.

Upon motion duly made and seconded the Committee returned to open session at 10:53 p.m. There being no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:53 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

ORDINANCE 25-2003

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM PROVIDING FOR THE PURCHASE OF A 4WD VEHICLE FOR THE MENDHAM TOWNSHIP POLICE DEPARTMENT BY THE TOWNSHIP AND APPROPRIATING $26,000 FROM CAPITAL SURPLUS

            BE IT ORDAINED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

            Section 1. The funding for the purchase of a 4WD vehicle for the Mendham Township Police Department is hereby authorized and such cost is not to exceed $26,000, which sum is hereby appropriated for this purpose.

            Section 2. The total amount of $26,000 for said purpose is hereby appropriated from Capital Surplus.

            Section 3. This ordinance shall take effect following passage and publication as provided by law.