MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

October 10, 2006

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:          Stephen P. Mountain , Township Administrator

Christopher Falcon, Esq., Township Attorney

                                                                        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 6 2006; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 6, 2006.”

APPROVAL OF MINUTES  - September 26, 2006 – Mr. Pierson made a motion to approve these minutes as written; Mr. Schrier seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS  (No Old Business)

HEARING PERSONS PRESENT

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

NEW BUSINESS

1.  Discussion of Amendment to definition of Accessory Structure.  The request for this amendment originated with the Board of Adjustment.  Mr. Falcon drafted an amendment for consideration by the Township Committee.  The Committee introduced the following Ordinance 25-2006:

AN ORDINANCE AMENDING CHAPTER XII, GENERAL DEFINITIONS, OF THE MENDHAM TOWNSHIP ORDINANCE LAND USE ORDINANCE CODE, TO ALTER THE DEFINITION OF “ ACCESSORY BUILDING ”

Mr. Schrier made a motion to adopt Ordinance 25-2006 upon first reading with second reading and public hearing to be scheduled for October 24, 2006; Ms. Florek seconded the motion.

ROLL CALL -  All present voted YES.  Ordinance 25-2006 will be referred to the Planning Board for approval prior to final adoption.

A copy of Ordinance 25-2006 is attached hereto and made a part hereof.

2.  Discussion of Ordinance to amend Steep Slopes Regulations.  Mr. Mountain explained that this amendment would establish a requirement for accurately showing the maximum allowable slope disturbance as approved by the Planning Board for applications for development.  Mr. Schrier asked for assurance that this regulation would not be viewed as discriminatory.  The Committee introduced the following Ordinance 26-2006:

ORDINANCE AMENDING AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM TO REQUIRE MINOR SUBDIVISION AND MINOR SITE PLAN PLATS AND DEEDS AND FINAL MAJOR SUBDIVISION AND FINAL MAJOR SITE PLN PLOTS TO DEPICT THE ALLOWABLE PERCENTAGE OF SLOPE DISTURBANCE ON EACH LOT AND PARCEL COMPRISING THE DEVELOPMENT APPLICATION

Mr. Pierson made a motion to adopt Ordinance 26-2006 upon first reading with second reading and public hearing to be scheduled for October 24, 2006; Ms. Florek seconded the motion.

ROLL CALL – Ms. Florek, Mr. Pierson and Mayor Krieg voted YES; Mr. Schrier abstained.  Ordinance 26-2006 will be referred to the Planning Board for approval prior to final adoption.

A copy of Ordinance 26-2006 is attached hereto and made a part hereof.

3.  Request from Township Library for funding beyond 2006 contribution by Township.  Mr. Mountain explained that the request is for funding for new lighting in the Library.  Mr. Read has determined that he could appropriate one half of the $1800 requested from his B&G budget.  The Committee approved the Township contribution of $900 towards the new lighting for the Library.

4.  Resolution R2006-129

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 / Township Clerk, Tax Assessor; Appointment to Tree           

                           Preservation Committee

  [x]  acquisition of property / St. John The Baptist Property; Joint Library

  [x]  contract / Emergency Services, Radio Communications

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 R2006-129; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2006-130

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING REFUNDS OF TAX OVERPAYMENTS

            WHEREAS, 2006 tax overpayments have been made on certain properties in the Township of Mendham .

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby, directed to refund the following amounts as indicated:

Block/Lot                                             Owner                                                 Amount

117/47                                     Paul Troast                                                     $3,245.55

116/28                                     Lisa Dowling-Surella                                       $3,430.83

Mr. Schrier made a motion to adopt R2006-130; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

6.  Ordinance 24-2006 / First Reading

AN ORDINANCE TO AMEND CHAPTER IX, PERSONNEL, OF THE MENDHAM TOWNSHIP ORDINANCE CODE

This ordinance amends the schedule of holidays observed by the Township.  Full time employees will be entitled to one floating holiday in exchange for Lincoln’s Birthday which is being deleted from the list of holidays observed by the Township.

Ms. Florek made a motion to adopt Ordinance 24-2006 upon first reading with second reading and public hearing to be scheduled for October 24, 2006; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 24-2006 is attached hereto and made a part hereof.

7.  Jacob Gross, Kenneth Miltenberger and Nicholas Mejia were recognized as new members of Ralston Engine Company No. 1

8.  Mayor Krieg reported that he attended a meeting last evening at Mendham High School at which parents expressed concern that the tennis team has no facility.  He would like the Township to go on record in favor of the capital funding originally approved for tennis courts to be reserved for such purpose and the tennis courts to be constructed as soon as the current construction project is finished.

ADMINISTRATOR REPORT

1.  Mr. Mountain noted that the Environmental Commission has received a grant in the amount of $25,000 for the construction of a footbridge to link Buttermilk Falls to India Brook Park.  Sarah Dean Link and Ralph Rhodes were commended for their diligence in obtaining this grant.  Mr. Mountain said the footings for the bridge will be put in this fall.

2.  Mr. Mountain indicated that the Planning Board will be hearing the site plan application on the India Brook Park ball field on October 18^th.  He said the immediate neighbors to the site have met with both he and the consultant and their concerns have been addressed.  He said the traffic concerns of the neighbors remain under discussion. 

Mayor Krieg reminded everyone about the trail rally scheduled for Sunday, October 15^th at India Brook Park.

3.  Mr. Mountain said a bid addendum package went out to potential bidders on the Emergency Services Building .  The bid opening is November 6, 2006.

4.  Mr. Mountain reported that the Township’s application to the Morris County Open Space and Trust Fund, for the St. John The Baptist property, will be presented on October 23^rd. 

5.  Mr. Mountain asked the Committee members to check their calendars for 2007 Capital Budget meetings tentatively on November 2, 8, and 20.

OPEM ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      Morris County MUA Recycling Dinner Invitation

2.      Morris County Freeholders /Pension Contributions

3.      Congressman Frelinghuysen/Kyoto Protocol

4.      NJ Dept of State/PARIS Grant

5.      Senator Bucco/State Budget

6.      NJLM Advisory (12)

Mayor Krieg noted the Freeholders letter regarding pension contributions.  The Committee will have a resolution in support of the Freeholders’ position for their next meeting.

Mr. Schrier encouraged attendance at the Morris County MUA Recycling Dinner.

LEGISLATIVE REPORT

Mr. Pierson suggested a resolution in support of the NJLM Municipal Cap Law position.  Mayor Krieg pointed out that energy costs are not included in the Cap exceptions.

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 8:07 p.m.  They discussed two personnel issues:  the 2007 retirement of the Township Clerk and the December 2006 retirement of the Tax Assessor.  Mr. Mountain reported on his meeting with the Morris County Administrator and the Morris County Coordinator of the Office of Emergency Management regarding a potential communications contract.  Mayor Krieg updated the Committee on conversations he has had regarding the joint library.  The Committee discussed a potential appointment to the Tree Preservation Committee.  Mr. Pierson noted correspondence from the Police Chief and Lieutenant regarding accumulated sick leave.

Upon motion duly made and seconded the Committee returned to open session at 8:55 p.m.

Mr. Schrier made a motion to appoint Matt Philips to the Tree Protection Committee; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

There being no further business to come before the Committee, upon motion duly made and seconded, the meeting adjourned at 8:56 p.m.

Respectfully submitted,

Penny Newell

Township Clerk

Attachments:

Approved Bill List

Ordinance 24-2006

Ordinance 25-2006

Ordinance 26-2006