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MINUTES
MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
July 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. Schrier,
Ms. Florek
Absent:
Mr. Phelan
Also Present: Christopher
Falcon, Esq., Township Attorney
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Krieg read the following statement:
STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on January 10, 2005; Notice was posted
on the bulletin board in Township Offices and Notice was filed with the Clerk on
January 10, 2005.”
APPROVAL OF MINUTES – June
13 &
June 28, 2005
– Mr. Schrier made a motion to approve these
minutes as written; Ms. Florek seconded the motion.
ROLL CALL:
June 13, 2005
– All present voted YES.
June 28, 2005
– Mayor Krieg, Mr. Schrier and Ms. Florek
voted YES. Mr. Pierson abstained.
OLD BUSINESS
1. Mr. Schrier
reported that he has arranged for the County Engineering Department to look into
the County’s ownership of a portion of the Leddell Pond. He said it appears
that it is the Morris County Park Commission’s property.
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 of COAH Fair Share Housing Plan by Susan
Kimball. Ms. Kimball noted that the
Planning Board held a public hearing on
June 15, 2005
and then adopted a new Housing Element and Fair Share Plan as part of the
Master Plan. Substantive
Certification expires
August 4, 2005
and in order to continue legal protection under COAH a new housing element must
be filed by August 4th. There
are COAH rounds of obligation, formerly every six years and now are every ten
years. In the first round of
COAH’s Fair Share Obligations, the Township was in the court process, and 38
units were determined to be the obligation and those units were provided in
Drakewick,
Mountain View
and Brookrace. The second round of
COAH obligations folded in the first round and developed a cumulative obligation
of 42 units, with a credit for the 38 completed units, 1 unit of rehabilitation,
or planned on doing one unit of rehabilitation, which is all that is required to
do, and three units transferred in a RCA to the City of
Orange
. New COAH rules govern the third
round and its calculation of need and the need for the third round is based on 3
components: a new rehabilitation
share determined by the 2000 census, which says that Mendham Township does not
need to offer a rehabilitation program; a requirement to continue the previous
plan with the 38 units that can’t be eliminated until their resale controls
expire which is 30 years after the date they were initially offered; growth
share which provides calculation of Fair Share obligation on the basis of future
growth, with that growth period
commencing on January 1, 2004. Therefore,
any new dwelling or non-residential construction that was given a CO after
1/1/04
starting accumulating to produce a Fair Share Obligation.
The estimate of Fair Share Obligation as based on growth share is that
for every 8 new homes built the Township would receive an obligation of 1
affordable unit and for every 25 jobs created by virtue of the additional square
footage for non-residential uses, for example, a school, an obligation for 1
affordable unit is accrued. That
additional square footage is not actual but an arbitrary formula that a certain
amount of square footage generates a certain number of jobs and when the jobs
accumulate to 25 a one unit obligation is accrued.
Ms. Kimball thanked Russ Heiney, Sarah Dean Link and Hope Warrington for
their assistance in preparing the Plan.
She noted the overview of the Growth Share Obligation contained in the
Plan based on construction through May 31st.
With new single family home construction and the additions to the
schools, the formula creates a Fair Share Obligation of 1.5 units.
Projections for the year 2005, based on outstanding building permits and
approved subdivisions from beginning in the mid to late 1990’s with unimproved
lots remaining, totaled 44 units. A
build-out analysis from the year 2000 and recently updated by Mrs. Link,
produced and estimate of 82 developable lots that could be generated over 20
years. Since the round is a ten year
time period that figure was cut in half, taking 41 units apportioned over the
period from 2006 through 2013, making the overall obligation about 11 units over
the 10 year period based on residential construction and 1 unit derived from
school construction for a total of 12. She
emphasized that this is merely a projection and if the obligation is higher or
lower based on growth that actually occurs, COAH may require an adjustment in
the Plan if it’s in favor of more affordable housing.
Ms. Kimball noted that as part of the December 20th rules,
COAH had also re-evaluated the second round Fair Share numbers that were given
to municipalities based on the State’s projection of growth.
They then recognized that it didn’t occur everywhere and they
re-evaluated every community’s obligation and as a result
Mendham
Township
’s second round obligation was lowered from 42 to 20.
The Township benefits from that change by being able to apply the same 41
units that have been done to offset the obligation resulting in a surplus.
Another aspect of the Plan is that the Township is required to seek Plan
endorsement from the State Planning Commission within three years.
As part of that there is a section called plan projections for 2015 which
is a population and household forecast for the year 2015 and COAH wants to see
if what is projected is consistent with what metropolitan planning agencies are
saying is likely to happen. COAH
says that if the municipality is consistent with or exceeding what the
metropolitan planning agency projects, they will assume that the plan is
completely proper. She said the
Township’s plan does not exceed those projections and she expects COAH to want
an explanation as to why. She said
she did try to provide that by a brief analysis, for example, their projection
of a growth in employment of 110 jobs and with no commercially zoned area in the
Township, she doesn’t see how there would be growth in jobs.
She noted that the re-zoning that occurred in 2000 significantly reduced
the build-out potential of the Township.
Mayor Krieg asked Ms. Kimball if the census number of 750
employed in the Township could be people that work from home.
She replied that the census did indicate that there were about 120 people
self employed. Mr. Schrier noted
that the COAH rules are based on projections.
Ms. Kimball said the numbers work out nicely with what the cross
acceptance committee has forecasted. Mr. Pierson asked if COAH is aware of the
Highlands
legislation and the potential for changes in population that could occur.
Ms. Kimball said there is nothing in the rules but deference would be
given when the plan is approved. Mr.
Schrier suggested waiting for the
Highlands
master plan to be created and adopted. Ms.
Kimball said that if the
Highlands
plan benefits the Township having to do with the fair share obligation, the
Township may be entitled to amend its plan.
Mr. Schrier asked if age-restricted housing falls into affordable
housing. Ms. Kimball said that half
of new affordable housing obligation could be age-restricted affordable housing.
She said that because the Township has sufficient credit and if anything
was done it would be banking for the future. Ms. Kimball said until
Certification is approved based on the surplus units indicated by COAH, it is
not done. Mr. Pierson asked if the
Township should approve this plan and submit the Fair Share Plane immediately or
wait until the August 4th deadline.
Mr. Falcon said it would be appropriate to submit now.
Ms. Kimball said there is no point in asking for an extension.
Mr. Falcon said there a couple of issues that don’t affect the
recommendation to adopt the resolution authorizing the Fair Share Plan:
he said there is no fault on the part of
Mendham
Township
that construction was delayed by litigation.
He also discussed the development fee issue that would allow the Township
to put up to 1% of construction value to create a bank for use in fulfilling
future obligations.
Resolution R2005-103
RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, ENDORSING THE 2005 HOUSING ELEMENT
& FAIR SHARE PLAN AND PETITIONING THE NEW
JERSEY
COUNCIL ON AFFORDABLE HOUSING FOR
SUBSTANTIVE CERTIFICATION
WHEREAS, the Township of Mendham has a constitutional obligation as defined by
the New Jersey Supreme Court in Southern Burlington N.A.A.C.P. v. Mount
Laurel Township, 92 N.J. 158, 279 (1983) (“Mt. Laurel II”) and
the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., to make provisions for
and provide a realistic opportunity for the creation of low and moderate income
housing within the Township of Mendham and the housing region in which the
Township of Mendham is situated; and
WHEREAS, on June 15, 2005, pursuant to N.J.S.A.
52:27D-310, the Township of Mendham Planning Board adopted a housing element and
fair share plan entitled “2005 Housing Element & Fair Share Plan” as
Part V of the Mendham Township Master Plan, dated June 15, 2005 and prepared by
Susan C. Kimball, P.P. (#2280), of Kimball & Kimball, Professional Planners,
Mendham, New Jersey; and
WHEREAS, pursuant to N.J.A.C. 5:95-1 et seq., a
municipality may petition the Council on Affordable Housing (“COAH”) for
substantive certification of its housing element and fair share plan in order
to, inter alia, gain protection from exclusionary zoning litigation; and
WHEREAS, pursuant to N.J.A.C. 5:95-2.2 and 5:95-3.2, such
petition must include (a) a duly adopted resolution of the governing body
endorsing its housing element and fair share plan and requesting COAH’s review
and certification of said plan; (b) a copy of the adopted housing element and
fair share plan; and (c) a certified copy of the resolution of the municipal
planning board adopting the housing element and fair share plan as part of the
municipality’s master plan pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.; and
WHEREAS, the
Township
of
Mendham
desires to petition COAH for
substantive certification of the 2005 Housing Element & Fair Share Plan.
NOW THEREFORE, BE IT
RESOLVED by the Township Committee of the Township of Mendham, in the County
of Morris and State of New Jersey on this 11th day of July, 2005,
that it endorses the 2005 Housing Element & Fair Share Plan of the Township
of Mendham, as adopted by the Planning Board of the Township of Mendham, as Part
V of the Master Plan thereof; and
BE IT FURTHER RESOLVED
that the 2005 Housing Element & Fair Share Plan be submitted to COAH and
that this resolution be considered by COAH as a petition by the Township of
Mendham for COAH review and certification of the 2005 Housing Element & Fair
Share Plan; and
BE IT FURTHER RESOLVED
that (a) the Township Clerk is hereby authorized and directed to publish notice
of the petition for substantive certification, in a newspaper of county wide
circulation within seven days of the issuance of the notification letter from
COAH’s Executive Director pursuant to N.J.A.C. 5:95-2.2(b) indicating
that the submission is complete; and (b) a copy of this resolution and the
adopted 2005 Housing Element & Fair Share Plan and supporting documentation
be made available for public inspection at the Township of Mendham Clerk’s
Office during regular business hours at the corner of Main Street and Cherry
Lane, Brookside, New Jersey on Monday through Friday, for a period of 45 days
following the date of publication of the legal notice.
Mr. Schrier made a
motion to adopt R2005-103; Ms. Florek seconded the motion.
ROLL CALL – All
present voted YES.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
TO APPROVE AWARD AND AUTHORIZE CONTRACT FOR GENERATOR
WHEREAS, the following bids were received and opened on
June 20, 2005
, relating to the Township’s acquisition of an emergency generator:
Power Tech
Services, Inc.
$26,329.00
Gary Vienna
Electric
$32,576.00
WHEREAS, the bid of PowerTech Services, Inc. must be rejected because it
does not comply with a material aspect of the bid specifications, namely, that
the bidder must have a place of business within one hour’s drive of Mendham
Township;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP
OF MENDHAM, IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, on this 11th day of
July, 2005 as follows:
1.
The bid of PowerTech Services, Inc is hereby rejected because it failed
to comply with a material element of the bid specifications.
2.
The bid submitted by Gary Vienna Electric in the amount of $32,576.00 for
the acquisition of an emergency generator in accordance with the Specifications
and “Notice to Bidders” is hereby accepted.
3.
The Mayor and Township Clerk are hereby authorized and directed to
execute and deliver a contract for the acquisition of the emergency generator
between Gary Vienna Electric and the
Township
of
Mendham
.
Mr. Pierson made a motion to adopt R2005-104; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
4. Resolution
R2005-105
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. Schrier made a motion to adopt R2005-105; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
5.
The Committee agreed to schedule the Historic Preservation Ordinance for
discussion at their meeting on
October 25, 2005
.
6. Daniel Wood
was recognized as a new member of the First Aid Squad.
ADMINISTRATOR REPORT
1. Mr. Mountain
reported that the permits are in place and bids will be received for the
Cold Hill Road
drainage project before September.
2. Mr. Mountain
said verbal approval clearance has been received from the DEP for the firehouse
project permitting procedure and work has begun with the architect and
subcommittee. Mr. Schrier
noted correspondence from the DEP Commissioner which clarified
the DEP’s policy regarding impervious surface coverage.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
- NJLM
Fax Advisory (5)
- NJDEP/GSPT
Matching Grant Award
- Senator
Bucco/S2641
- Freeholder
Schreir/Deer Control Info
-
Highlands
Herald
- Congressman
Frelinghuysen/Picatinny
LEGISLATIVE REPORT
Mr. Pierson noted courses for planning board members that
may become mandatory. He also noted
correspondence regarding the increase in the bid threshold; tax reform and
recent letters from the Environmental Commission to owners of conservation
easements.
The passing of Veronica O’Neil, long time resident and
former chairperson of the Recreation Commission, was noted.
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.
No one 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
9:19 p.m.
Several personnel matters were
discussed. Mr. Schrier will draft a
press release regarding the
Regional
High School
issue. Litigation matters were
reviewed.
There being no other matters to come before the Committee,
upon motion duly made and seconded, the Committee returned to open session at
10:00 p.m.
Upon motion duly made and seconded, the meeting adjourned
at
10:00 p.m.
Respectfully submitted:
_________________________
Penny Newell, Township Clerk
Attachments:
Approved Bill LIst
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