|
MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
September 12, 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
Absent:
Ms. Florek
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 –
August 8, 2005
– Mr. Schrier made a
motion to approved these minutes as written;
Mr. Pierson seconded the motion. Mr.
Pierson, Mr. Schrier and Mr. Phelan voted YES;
Mayor Krieg abstained.
OLD BUSINESS
1. Ordinance
9-2005 / Second
Reading
and Public Hearing
an ordinance of the
township
of
mendham
, authorizing an emergency apropriation
pursuant to n.j.s. 40a:4-53
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 9-2005; Mr.
Phelan 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 the public.
NEW BUSINESS
1. Resolution
R2005-118
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING VINCENT PAGANO TO THE POSITION OF PATROLMAN IN THE MENDHAM TOWNSHIP
POLICE DEPARTMENT
WHEREAS, Vincent Pagano has served as a Probationary Patrolman in the
Mendham Township Police Department since
September 13, 2004
; and
WHEREAS, the Chief of Police has recommended the appointment of Vincent
Pagano as a permanent member of the Mendham Township Police Department; and
WHEREAS, the Township Committee finds and determines that Vincent Pagano
rendered satisfactory service as a Probationary Patrolman, meets all of the
requirements for appointment as a permanent member of the Mendham Township
Police Department and possesses all of the qualifications for such appointment.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
Vincent Pagano is hereby appointed a permanent member of the
Mendham Township Police Department with the rank of Patrolman.
This appointment shall take effect
September 13, 2005
.
2.
Commencing
September 13, 2005
, Patrolman Vincent Pagano shall be compensated at the annual rate of $50,701.00
in accordance with the provisions of the current Agreement between the
Township
of
Mendham
and the Mendham Township Police Bargaining Unit.
3.
Certified copies of this Resolution shall be forwarded by the
Township Clerk to the Chief of Police, Patrolman Pagano and to the Township
Chief Financial Officer.
Resolution 2005-119
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING JOSEPH WILCE TO THE POSITION OF PATROLMAN IN THE MENDHAM TOWNSHIP
POLICE DEPARTMENT
WHEREAS, Joseph Wilce has served as a Probationary Patrolman in the
Mendham Township Police Department since
September 28, 2004
; and
WHEREAS, the Chief of Police has recommended the appointment of Joseph
Wilce as a permanent member of the Mendham Township Police Department; and
WHEREAS, the Township Committee finds and determines that Joseph Wilce
rendered satisfactory service as a Probationary Patrolman, meets all of the
requirements for appointment as a permanent member of the Mendham Township
Police Department and possesses all of the qualifications for such appointment.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
4.
Joseph Wilce is hereby appointed a permanent member of the Mendham
Township Police Department with the rank of Patrolman.
This appointment shall take effect
September 28, 2005
.
5.
Commencing
May 25, 2005
, Patrolman Joseph Wilce shall be compensated at the rate of $50,701.00 per year
in accordance with the provisions of the current Agreement between the
Township
of
Mendham
and the Mendham Township Police Bargaining Unit.
6.
Certified copies of this Resolution shall be forwarded by the
Township Clerk to the Chief of Police, Patrolman Wilce and to the Township Chief
Financial Officer.
Mr. Schrier made a motion to adopt Resolutions R2005-118
and R2005-119; Mr. Pierson seconded
the motion.
ROLL CALL -
All present voted YES.
2. Ralston Mill
Update. Ray Nadaskay and Carolyn
Daly, Trustees of the Ralston Mill, were present.
Mr. Nadaskay reviewed the restoration project to date and noted that the
Mill will be open to the public on October 16th in conjunction with
Ralston Day and the Historic House Tour sponsored by the Ralston Historical
Society.
Mr. Nadaskay asked the Committee to consider approving an
extension of the New Jersey-American Water Company franchise area in order to
provide public water to the mill as well as to the house located on the
property. They anticipate installing
a sprinkler system which would require a 4” main to the building and Mr.
Nadaskay indicated that the people doing the restoration travel from NY and for
them to be able to live in the house while working on the Mill would save much
in time and travel for them. Mr.
Nadaskay noted that it would make sense to install public water to the Ralston
Firehouse also. Mr. Nadaskay
explained the importance of the sprinkler system in the Mill, noting that
firefighters won’t enter a building if there are no lives inside to save,
therefore the Mill would be lost to a fire without a sprinkler system in place.
The Committee agreed to pursue the extension of the
franchise area with New Jersey-American Water Company and Mr. Schrier made a
motion, seconded by Mr. Phelan, to introduce the following Ordinance, with
second reading and public hearing to be scheduled for September 27, 2005,
pending review by Mr. Falcon.
ROLL CALL – All present voted YES.
ORDINANCE
10-2005
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 OEPRATE FAVILITIES FOR THE TRANSMISSION,
DISTRIBUTION AND SALE OF POTABLE WATER TO SERVE AN EXTENDED FRANCHISE AREA
WITHIN THE TOWNSHIP
A copy of Ordinance 10-2005 is attached hereto and made a
part hereof.
3. Request for
sale of 1996 Ambulance. The
Committee received a letter from Mark Pojednic, a member of the First Aid Squad,
asking for their consideration of a proposal to sell the 1996 ambulance once it
has been replaced. The Committee
asked for additional information about any appraisal that may have been obtained
and also for clarification of the regulation regarding how many years an
ambulance can be in service before it must be replaced.
Mr. Mountain will ask Mr. Pojednic to attend the next meeting.
4. Request for
refund of permit fees. The owner of
23 Tingley Road
has made a request for a refund of building permit fees because the extent of
the construction has changed. The
Committee recommended withholding 20% of the fee paid to cover the plan review
that had taken place and the remaining 80% may be applied to the new permit.
It was also noted that the DEP has issued a notice of violation for this
property. Mr. Schrier pointed out
the “eyesore” issue associated with this property.
Sarah Dean Link reported that both the Township Engineer and
Environmental Consultant have provided reports on this property,
which is now subject to the 300’ buffer, to the Board of Adjustment.
Mayor Krieg asked about a timeframe for restoration of the property.
Mrs. Link said the owner has 30 days to provide a plan to the DEP, then
10 days to implement the plan.
5. Update of
Celebration
Park
Site Location. Mr. Mountain
reported that he met with Mr. Mattioli to review the consultants’ reports on
the proposed location adjacent to the elementary school.
Those reports indicated that, because the stream wraps in a southerly
fashion around the property, it would be difficult to get sufficient and timely
permitting. Other options
discussed were an area adjacent to the Middle School that could be aimed at a
higher age group or the Community Club fields.
The Township consultants will continue to look at alternate site
locations. Mr. Pierson suggested
talking to the Morris County Park Commission.
6. Resolution
R2005-120
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 R2005-120; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
7. Resolution
R2005-121
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING AGREEMENT FOR RECODIFICATION OF THE TOWNSHIP CODE
WHEREAS, there is a need for a
recodification of the Township Code; and
WHEREAS, General Code Publishers has provided a proposal in the amount
Of $16,362.00; and.
WHEREAS, the Township Chief Financial Officer has advised that monies are
available for payment for the service to be performed pursuant to the agreement
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.
The Mayor is hereby authorized to execute the agreement between
the Township and General Code Publishers with respect to the recodification of
the Township Code.
Mr. Schrier made a motion to adopt R2005-121;
Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
8. R2005-122
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, TO ESTABLISH DATES FOR HUNTING FROM TREE STANDS ON TOWNSHIP OWNED NATURAL
AREAS
WHEREAS, the Township Committee appointed a Wildlife Management Committee
to advise the governing body on matters involving non-domestic animals; and
WHER EAS, the Wildlife Management
Committee has recommended that deer hunting, from tree stands only, be allowed
according to the following calendar schedule and permitted number of hunters at
any one time in the natural areas:
q
Shotgun deer hunting from tree stands in
Buttermilk
Falls
(10 Hunters), Burnett Brook (6 Hunters), Meadowood (4 Hunters) and Seeing Eye
(5 Hunters) Natural Areas on November 21-23; December 5-10;
December 14-16, 2005
and January 11,18 and 25 and February 1 and 8, 2006.
These areas will be closed to the public on the dates listed above.
q
Bow and Arrow deer hunting from tree stands in Tempe Wick (6
Hunters), Seeing Eye (4 Hunters), Burnett Brook (4 Hunters), Meadowood (4
Hunters) and Cold Hill Preserve (5 Hunters) from September 10 – November 19,
2005 during the period from 3:00 p.m. until one half hour after sunset
Cold Hill Preserve and the Seeing Eye Property will also be open to
hunting from one-half hour before sunrise until 9:00 a.m. from September 10 –
November 19, 2005. These areas will be closed to the public during these hours.
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
Township
of
Mendham
, to approve the schedule noted above and to authorize that appropriate measures
be taken to post the Natural Areas to note the dates and hours of closure to the
public.
BE IT FURTHER RESOLVED that the Mendham Township Wildlife Management
Committee is responsible for scheduling hunters with valid permits in the parks.
Mr. Pierson made a motion to adopt R2005-122; Mr. Phelan
seconded the motion.
Mr. Schrier asked what the goal of the hunt is and also how
many deer are in the Township. Mr.
Pierson said there is not sufficient data from the State to determine the number
of deer and the goal is to minimize the deer inflicted damage to properties in
the Township.
ROLL CALL – Mr. Phelan, Mr. Pierson and Mayor Krieg voted
YES. Mr. Schrier voted NO.
9. Discussion
of High School Referendum. Mayor Krieg pointed out that the only correspondence
regarding the referendum was the legal notice from the HS district bond counsel.
He also noted that Mrs. Berlin was not available to meet with the
Committee this evening and has offered to meet with one or two Committee people
at a time. Mr. Schrier asked what
the purpose would be of meeting with Mrs.
Berlin
and why there was no report from an elected member of the Regional Board of
Education. Mayor Krieg said a
meeting with Mrs.
Berlin
would be to describe the referendum.
The Committee will reach out to Mrs. Berlin for a mutually agreeable time
to meet.
RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM URGING AMENDMENT OF SENIOR
PROPERTY TAX FREEZE PROTECTION ACT TO PROVIDE FOR HIGHER INCOME LIMITS
WHEREAS, the Township
Committee of the Township of Mendham recognizes
the severe plight of senior citizens with restricted incomes in meeting the
monetary demands caused by ever increasing real property taxes, cost of living
increases and the freeze of State aid to both municipalities and the Mendham
Township Board of Education; and
WHEREAS, the New Jersey State
Legislature has enacted at N.J.S.A. 54:4-8.67 to 54:4-8.75 the New Jersey Senior
Property Tax Freeze Protection Act (“SPTFPA”) which purpose is to keep
senior citizens on fixed incomes from being forced from their homes by
unbearable real property tax increases; and
WHEREAS, the SPTFPA took
effect in 1998; and
WHEREAS, eligible state
resident homeowners receive a “Homestead Property Tax Reimbursement,”
defined as the difference between real property taxes paid on a residence and
the amount of the property taxes paid in the base year when the applicant
enrolled in the program if the amount in the base year is the lower amount; and
WHEREAS, the SPTFPA
effectively freezes applicants’ real property taxes at an affordable level;
and
WHEREAS, the SPTFPA is
available for homeowners (1) at least 65 years of age or disabled who paid real
property taxes on a principal residence in New Jersey; (2) who have paid
property tax or rent for at least ten consecutive years, (3) including at least
three years’ ownership of the homestead with respect to which the tax
reimbursement is sought, and
WHEREAS, the amount payable to
an eligible claimant in a given tax year is equal to the amount by which the
claimants’ property tax for that year exceeds the person’s property tax
liability for tax year 1997 (or such later tax year as the person qualifies for
reimbursement under the program); and who meet certain income limits, which
income eligibility limits increase annually by the amount of the maximum Social
Security benefit cost of living increase for that year for singles and married
persons respectively; and
WHEREAS, the calendar year
2004 limitations for single applicants was set by the Director of Taxation at
$40,869 and $50,113 for married couples; and
WHEREAS,
the Township Committee of the Township of Mendham strongly believes that such
income limitations are insufficient to alleviate the plight of senior citizens
in Mendham Township given the cost of living in not only Mendham Township but
also in many municipalities in other Counties throughout New Jersey, based on
information available from the 2000 Census, the Morris County Office on Aging
and the 2004 Council On Affordable Housing Regional Income Limits; and
WHEREAS,
the Township Committee of the Township of Mendham is of the opinion that such
income eligibility limitations for senior citizens should be increased by the
New Jersey State Legislature to enable seniors to remain in the communities they
have established as their home, despite the tremendous rise in property taxes
and the cost of living increases realized within many counties;
NOW THEREFORE BE IT RESOLVED
that the Township Committee of the Township of Mendham,
in the County of Morris, New
Jersey, by adoption of this resolution strongly urges the New Jersey State
Legislature to proceed in a diligent and expeditious fashion to enact
legislation that would amend the SPTFPA, N.J.S.A. 54:4-8.67 to 8.75, effectively
to increase, for the calendar year
2005 and forward, the income eligibility limitations to the median regional
income limits as established by the Council on Affordable Housing.
BE
IT FURTHER RESOLVED that the
Township Clerk of the Township of Mendham
is directed to forward copies of this resolution to the Morris County
Legislative Delegation, Speaker of the General Assembly Albio Sires, Senate
President and Acting Governor
Richard Codey, the New Jersey State League of Municipalities and to the State
and Local Office of AARP to ask for their assistance and to support this
legislative request.
Mr. Schrier made a motion to adopt R2004-123; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
11. Raffle
Application #129 for the Ralston Engine Company Women’s Auxiliary was
approved.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, SUPPORTING FUEL COST CAP RELIEF
WHEREAS, paying for rising fuel costs under Cap Law restrictions will
force local officials to under-fund essential services; and
WHEREAS, coming together with budget-busting public employee pension and
benefit bills, these fuel costs threaten to undermine the ability of
municipalities to adequately protect the public’s health, safety and welfare;
and
WHEREAS, fuel costs affect virtually every municipal service, especially
public safety and including homeland security activities; and
WHEREAS, with no flexibility because of Cap limitations, any service cuts
will jeopardize the public’s safety and security; and
WHEREAS, faced with a 2.5% Cap, these vital services will be under-funded
if municipalities are forced to finance them without the flexibility provided by
a Cap exception; and
WHEREAS, Hurricane Katrina’s devastation all along the Gulf Coast will
only further exacerbate this problem.
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the
Township of Mendham does hereby ask Governor Codey to direct the Local Finance
Board to grant a one-year exception to all municipalities for these
unanticipated costs, retroactive to July 1, 2005, which retroactivity is
necessary in order to allow fiscal year municipalities to apply the exception in
their current budgets; and
BE IT FURTHER RESOLVED that certified copies of this resolution be
forwarded to Governor Codey, to the Morris County Legislative Delegation and to
the New Jersey League of Municipalities.
Mr. Phelan made a motion to adopt R2005-124; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
13. Resolution
R2005-125
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXPRESSING OUTRAGE AT THE AWARDING
OF STATE HOMELAND SECURITY GRANT FUNDS TO CERTAIN LEGISLATIVE DISTRICTS
WHEREAS, the Statewide Local Domestic Preparedness Equipment Grant
Program which was established in 2002 in response to the 9/11 terrorist attacks
in New Jersey City, Washington, D.C. and Shanksville, Pennsylvania, has been
exposed as nothing more than a way to give money to politically favored
legislative districts; and
WHEREAS, the grant program was intended to help municipalities purchase
first-responder equipment, such as radios, gas masks, protective “haz mat”
suits and bomb-sniffing dogs, that they were unable to purchase from their own
budgeted funds; and
WHEREAS, it is documented that in the three years of the program’s
operation, towns in Democratic legislative districts have received 93% of the
$23 million in funds which were available; and
WHEREAS, it is also documented that in that same time period, towns in
Republican legislative districts received just 7% of the money available, a mere
$1,647,642; and
WHEREAS, it has also been documented that Acting Governor Dick Codey and
Attorney General Peter Harvey used no criteria to award funds under this grant
program except for the political affiliation of the legislative district in
which these municipalities are located; and
WHEREAS, this shocking use of homeland security funds for purely
political purposes has put the safety and security of the citizens of this town
at greater risk; and
WHEREAS, this September 11th marks the fourth year anniversary
of the 9/11 terrorist attack on the citizens of our country, in which New Jersey
lost nearly 700 of its citizens; and
WHEREAS, this
municipality’s Local Domestic Preparedness Equipment Grant was improperly and
shamefully ignored and denied by Acting Governor Dick Codey and Attorney General
Peter Harvey and the denial was based purely on the fact that it is located in a
Republican legislative district.
NOW, THEREFORE, BE IT RESOLVED that the Township of Mendham condemns the
awarding of Statewide Local Domestic Preparedness Equipment Grants for partisan
political purposes and expresses its outrage that the Statewide Local Domestic
Preparedness Equipment Grant Program did not base the awarding of grants on
merit.
BE IT FURTHER RESOLVED that the Township of Mendham calls upon Acting
Governor Codey and State Treasurer John McCormac to fund State Homeland Security
Grants from the $40 million currently budgeted for property tax assistance and
community development projects.
Mr. Pierson made a motion to adopt R2005-125; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
14. Resolution
R2005-126
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXPRESSING SUPPORT FOR RESOLUTION
ADOPTED BY THE MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS
WHEREAS, on August 24, 2005 the Morris County Board of Chosen Freeholders
adopted Resolution No. 43 requesting that the New Jersey State Legislature enact
legislation to impose limits on the annual New Jersey State Budget to include
spending limitations comparable to those required of municipalities, counties,
authorities and school districts; and
WHEREAS, the Mayor and Members of the Township Committee of the Township
of Mendham are in agreement with the Morris County Board of Chosen Freeholders
that “in the spirit of tax relief, the State of New Jersey should voluntarily
subject itself to the same financial controls that it has imposed on
municipalities, counties, authorities and school districts.”
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, to support Resolution NO. 43 adopted by the Morris County Board of
Chosen Freeholders on August 24, 2005.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded to Acting Governor Codey, the members of the Morris County Legislative
Delegation and the Morris County Board of Chosen Freeholders.
Mr. Pierson made a motion to adopt R2005-126; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
Mayor Krieg suggested a regulation to provide for the
timely removal of utility markings on roadways.
Mr. Falcon will research.
Mayor Krieg suggested consideration of water restrictions
for the Township. He will decide
within the next few days.
ADMINISTRATOR REPORT
1. Mr. Mountain reported the homeowners’ association in
Drakewick has asked for assistance from the Township with the algae problem in a
detention pond. He said the
developer’s agreement confirms some responsibility on the part of the Township
but the Township’s professionals caution against any major capital investment.
The homeowners will be guided towards remedial treatment of the water.
Mr. Phelan suggested getting the consultants’ opinions regarding any
Township contribution.
2. Mr. Mountain said the emergency services building
proposal will be reviewed by the subcommittee tomorrow and then distributed to
the Township Committee. Mr. Phelan
said he has received some concerned comments about the depth of the building.
Mr. Pierson noted that the subcommittee will be reviewing a new layout at
the meeting tomorrow which will address both floors of the firehouse and a space
for the antique truck.
3. Mr. Mountain said the police building
is moving forward and a firm has been selected and the contract language
is being worked out.
4. Mr. Mountain is completing a grant application to
reimburse expenses for the COAH Fair Share Housing Plan.
5. Mr. Mountain said he will be attending the NJMMA
conference on September 27th so he will not be able to attend the
Township Committee meeting that evening but will leave a full report.
6. Mr. Mountain said he will be conducting a walk through
of the proposed India Brook Trail Connector with representatives of the Morris
County Open Space Grant Trust.
7. Mr. Mountain reported that the equipment for Mendham TV
is being installed tomorrow.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
NJLM Fax Advisory (15)
2.
NJLM Washington Watch (2)
3.
NJLM Legislative Viewpoint
4.
NJLM Legislative Bulletin
5.
Assemblyman Merkt to State Treasurer / CDBG Program
6.
Senator Bucco / Garden State Green Acres Preservation Trust Fund
7.
Community of St. John Baptist / Historic Preservation Grant
8.
County of Morris Dept of Public Works / Leddel Pond Dam
9.
Passaic River Coalition / Model Ordinance
10.
County of Morris Heritage Commission / Available Grants
11.
Assemblyman DeCroce / State Homeland Security Grants
12.
Freeholder Schrier / Para-Transit Best Practices Forum
13.
Freeholders Resolution #43 / State Budget CAP
14.
West Morris Soccer Club /
Support for Recreation Areas at India Brook Park
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.
Pat Zimmerman, West Main Street:
suggested that when the library vacates the first floor of Township Hall,
the antique fire truck could be housed in the area that once was a garage
before it was incorporated into the library for the children’s area.
She also is concerned with the parking situation when Municipal Court is
in session and suggested three court dates per month rather than the current two
sessions to alleviate the parking problem. She
said she likes the site plan for the municipal complex, especially the screening
proposed for the Cherry Lane side.
Marian Koste, Ironia Road:
asked the Committee to consider changes to the ordinance regulating the
hours of operation of heavy equipment. Her
suggestion is to exclude the use of heavy equipment of Sundays.
She asked for an update on the drainage situation for the property
adjacent to her and Mr. Mountain said he recently spoke with the owner and
expected an immediate response to correspondence requesting the completion of
the drainage swale.
Sarah Dean Link, Tingley Road:
asked if she and Ralph Rhodes could attend the walk-through on the India
Brook Trail Connector. Mr.
Mountain said they would be welcome.
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 9:52 p.m.
Several personnel issues were discussed.
Mr. Mountain updated the Committee on the SSI proposal for a
communications system design.
Upon motion duly made and seconded the Committee returned
to open session at 10:42 p.m.
The following resolutions were offered:
R2005-127
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE TO THE
PART-TIME POSITION OF SECRETARY TO THE MENDHAM TOWNSHIP TAX ASSESSOR
WHEREAS, a need has arisen for a part-time employee to fill a vacancy
created by the resignation of the secretary to the Tax Assessor; and
WHEREAS, Gloria Pantina has
applied for the position and it is the recommendation of the Township
Administrator that she be appointed to the position of part-time secretary to
the Mendham Township Tax Assessor.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that Gloria Pantina be
appointed to the position of part-time secretary to the Mendham Township Tax
Assessor at an hourly salary of $19.00 effective September 6, 2005.
Mr. Schrier made a motion to adopt R2005-127; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
R2005-128
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE TO THE
PART-TIME POSITION OF SECRETARY TO THE MENDHAM TOWNSHIP PLANNING BOARD
WHEREAS, a need has arisen for a part-time employee to fill a vacancy
created by the resignation of the secretary to the Planning Board; and
WHEREAS, Maryanne Gruszecki has applied for the position and it is the
recommendation of the Township Administrator that she be appointed to the
position of part-time secretary to the Mendham Township Planning Board.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that Maryanne Gruszecki be
appointed to the position of part-time secretary to the Mendham Township
Planning Board at an hourly salary of $17.00 effective September 19, 2005.
Mr. Phelan made a motion to adopt R2005-128; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
R2005-129
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AWARDING CONTRACT FOR DESIGN OF
POLICE HEADQUARTERS
WHEREAS, proposals were submitted to the Township for the design of the
Mendham Township Police Department Headquarters; and
WHEREAS, on the basis of the proposals, the Township Administrator has
recommended that a contract be awarded to EI Associates; 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 the design of the Mendham Township Police
Department Headquarters in the amount of $128,000 is hereby awarded to EI
Associates.
2.
The Mayor is hereby authorized and directed to execute a Contract
between
the Township and EI Associates 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 EI Associates, 8 Ridgedale Avenue, Cedar Knolls, New
Jersey 07927.
Mr. Schrier made a motion to adopt R2005-129; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
With no other matters to come before the Committee, upon
motion duly made and seconded the meeting adjourned at 10:45 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
Attachments:
Approved Bill List
Ordinance 10-2005
ORDINANCE 10-2005
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 OEPRATE FAVILITIES FOR THE TRANSMISSION,
DISTRIBUTION AND SALE OF POTABLE WATER TO SERVE AN EXTENDED FRANCHISE AREA
WITHIN THE TOWNSHIP
WHEREAS, the Township Committee of the Township of Mendham adopted
Ordinance 16-92 on July 27, 1992, Ordinance 3-94 on May 24, 1994, and Ordinance
15-97 on July 14, 1997, which ordinances granted to the New Jersey-American
Water Company, Inc. (hereinafter referred to as the “Company”) franchises to
provide water service to the areas of the Township designated in said
Ordinances; and
WHEREAS, pursuant to the provisions of N.J.S.A. 48:19-17, as amended, and
N.J.S.A. 48:19-20, as amended, the Company has requested the Township to grant
to the Company the municipal consent necessary for the Company to further extend
its water service facilities within the Township; and
WHEREAS, it is deemed to be in the best interests of the Township to
adopt this Ordinance in order to grant to the Company the requested municipal
consent and to include within the area of the Township subject to such consent
certain properties not yet provided with water service and certain streets not
yet provided with fire hydrant service; and
WHEREAS, the adoption of this Ordinance will not affect water service
currently provided by the Morris County Municipal Utilities Authority, the
Randolph Township Municipal Utilities Authority and the Southeast Morris County
Municipal Utilities Authority to other areas of the Township.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, as follows:
1.
The Township hereby grants to New Jersey-American Water Company,
Inc. the municipal consent required under the provisions of N.J.S.A. 48:19-17,
as amended, and N.J.S.A. 48:19-10, as amended, as the same may be required in
order to permit the Company to operate and maintain within the area described in
Schedule A of this ordinance and hereinafter referred to as the “Extended
Franchise Area” a system or systems for the transmission, distribution and
sale of potable water. The Company
may within such Extended Franchise Areas, construct, extend, maintain, repair,
replace, improve and operate all works, mains, services, conduits, pipes, fire
hydrants and any related apparatus necessary or convenient for such system or
systems in, upon, over, across, along and under each and all of the streets,
roads, bridges, other public places and municipal easements within such Extended
Franchise Areas as they may at any time exist (all of the foregoing being
hereinafter referred to as “public places”), all subject to the conditions
and regulations
set forth in this ordinances.
2.
All works, mains, services, conduits, pipes and any related
apparatus installed or placed by the Company pursuant to the consent granted by
this ordinance shall be laid at least three (3) feet below the surface, shall be
located so as not to interfere unnecessarily with the use of such public places,
shall be installed or placed without unnecessarily damaging such public places
or any drains, catchbasins, storm sewers, sanitary sewers or other like
municipal improvements, and should damage occur the Company shall promptly
repair the damage and restore the public place and any municipal facilities
located therein to as good condition as existed prior to the undertaking of any
work. All work in public places
shall be done by the Company in accordance with the provisions of general
ordinances of the Township governing the excavation in and repair of public
streets, roads and easement in the Township.
3.
The Township hereby agrees to pay to the Company the filed tariff
rates for public fire protection service rendered through fire hydrants
presently existing within the Extgended Franchise Areas and through any other
fire hydrants which may in the future be placed by the Company within such
franchise area at locations designated by the Township.
4.
The municipal consent and the rights and privileges accorded to
the Company by this ordinance are granted without any obligation on the part of
the Company to pay any charge or fee to the Township for the same or for the
exercise of such rights and privileges.
5.
This ordinance and the consent contained herein shall apply only
to the Extended Franchise Areas described in Schedule A which is attached to and
made a part of this ordinance, and compliance with all applicable laws, rules
and regulations of the State of New Jersey and all State departments and
agencies.
6.
The franchise granted by this ordinance shall expire within five
years of the date of the adoption of this ordinance unless the Company shall
provide water service to the franchise area within that time period.
7.
If any section, paragraph, sentence, phrase or other part of this
ordinance shall be voided by any State law, rule or regulation or shall be
adjudged by any court of competent jurisdiction to be invalid or inoperative,
such State law, rule or regulation, or such court judgment, as the case may be,
shall not affect, impair or invalidate the remainder of this ordinance but shall
be confined to the section, paragraph, sentence, phrase or other part of this
ordinance directly involved.
8.
Upon final adoption a certified copy of this ordinance shall be
forwarded by the Township Clerk to the Company.
9.
This ordinance shall take effect upon publication of notice of
final adoption as provided by law.
| 
