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MINUTES – MENDHAM TOWNSHIP COMMITTEE September
11, 2006 Mayor Krieg called the meeting to order at
7:30 p.m. in Township Hall, ROLL CALL
Present:
Mayor Krieg, Mr. Pierson,
Mr. Schrier, Ms. Florek
Absent:
Mr. Phelan
Also Present: Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Krieg asked all present to remain standing for a moment of silence in remembrance of those lost on September 11, 2001 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 –
August 22, 2006 – Mr. Pierson made a motion to approve these minutes as
written; Ms. Florek seconded the motion. ROLL
CALL – All present voted YES.
OLD BUSINESS 1. Ordinance
19-2006 – Second bond ordinance providing for the construction of a new brookside fire station in and by the township of mendham, in the county of morris, new jersey, appropriating $3,300,000 therefor, and authorizing the issuance of $3,142,000 bonds or notes of the township to finance part of the cost thereof Mr. Pierson gave a brief overview of this project. 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 19-2006; Mr. Pierson seconded the motion. ROLL CALL - All present voted YES. 2. Ordinance
20-2006 – Second ordinance
reappropriating $21,000 proceeds of obligations not needed for their original
purpose in order to provide for the replacment of the air conditioning
compressor at the Upon motion duly made and seconded the meeting was opened
to the public. No one present asked
to be heard. Upon motion duly made
and seconded the meeting was closed to the public. Mr. Pierson made a motion to adopt Ordinance 20-2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened
to the public. Sam Tolley, No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Discussion of Underaged Possession/Drinking Prohibition Ordinance: Mr. Falcon provided a draft ordinance that is based on regulations signed into law in June of 2000. Ms. Florek asked Chief Costanza how a police
officer would make the determination to enter private property.
Chief Costanza replied that a complaint such as noise, fireworks,
gunshots, etc., would have to be made for the police to respond to the property.
He said such complaints usually come from neighbors.
Ms. Florek said she believes parents should be responsible, not the
police. Chief Costanza said they
should be, however, often the parents are not at home when these situations
arise. Mr. Pierson noted that he
spoke with someone from Mr. Schrier made a motion to adopt this ordinance (21-2006) upon first reading with second reading and public hearing to be scheduled for September 26, 2006; Mr. Pierson seconded the motion. ROLL CALL - Mr. Pierson, Mr. Schrier and Mayor Krieg voted YES. Ms. Florek voted NO. A copy of Ordinance 21-2006 is attached hereto and made a part hereof. 2. Discussion of Ordinance providing for Maintenance Bond for Stormwater Drainage Facilities. Mr. Falcon explained that this would be in connection with facilities built in subdivisions and then turned over to the municipality and is patterned after a Freehold Township ordinance which was upheld in court. Mr. Pierson said developers build detention ponds that require maintenance and this would provide for the cost of that maintenance for a period of ten years. Mr. Pierson made a motion to adopt this ordinance (22-2006) upon first reading with second reading and public hearing to be scheduled for September 26, 2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 22-2006 is attached hereto and made a part hereof. This ordinance will be forwarded to the Planning Board for their approval prior to final adoption. 3. Resolution R2006-120 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, N.J.S.A. 54:4-64 provides that tax bills shall be mailed or delivered to the individual assessed at least 25 days before the third installment of taxes fall due; and WHEREAS, N.J.S.A. 54:4-66 provides that taxes shall be payable on February first, May first, August first and November first, after which dates if unpaid shall become delinquent; and WHEREAS, N.J.S.A. 54:4-67 provides that the governing body may, by resolution, provide that no interest shall be charged if payment of any installment is made within the tenth calendar day following the date upon which the same becomes payable; and
WHEREAS, the State of WHEREAS, the Township Committee recognizes that it is only right and proper to extend the grace period for the payment of the third quarter installment of property taxes.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Ms. Florek made a motion to adopt R2006-120; Mr. Pierson seconded the motion . ROLL CALL – All present voted YES. 4. Resolution R2006-121 – to be held for the next meeting 5. Discussion of Amendment to Recycling of Yard Waste Regulations Mr. Falcon explained that the draft distributed eliminates the requirement for property owners to tie brush into bundles for the semi-annual curbside collection. A letter was received from the Superintendent of Public Works in which he recommends retaining the requirement for tying brush. He feels that more time will be required in the collection process. Mr. Schrier noted that he is preparing an article for the fall newsletter in which he indicates that the collection process will go faster if residents continue to tie brush. Mr. Pierson agreed. Mr. Schrier said he likes to support the Superintendent of the DPW whenever possible. Mr. Pierson made a motion to adopt this ordinance (23-2006) upon first reading with second reading and public hearing to be scheduled for September 26, 2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 23-2006 is attached hereto and made a part hereof. 6. Resolution R2006-122 RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE
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 Matters
relating to:
[ ]
personnel
[ ] 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.
Schrier made a motion to adopt R2006-122; Ms. Florek seconded the motion. ROLL
CALL – All present voted YES. 7.
Resolution R2006-123
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, a need has arisen for a school crossing guard; and WHEREAS, Noreen Staples has applied for the position and the Chief of Police has recommended that Noreen Staples be appointed to the position of school crossing guard.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Schrier made a motion to adopt R2006-123; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2006-124 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING SETTLEMENT OF TAX APPEAL PENDING IN THE TAX COURT OF NEW JERSEY WITH RESPECT TO 2005 AND 2006 REAL PROPERTY TAX ASSESSMENTS WHEREAS, the owner of the following named property instituted action in the Tax Court of New Jersey for purposes of appealing the 2005 and 2006 real property tax assessments against such property; and WHEREAS, after study and consideration, the Township Tax Assessor has recommended that the foregoing tax appeals be settled as hereinafter provided, such proposed settlements being acceptable to the property owner; and WHEREAS, the governing body of the Township concurs with the recommendations of the Township Tax Assessor; and WHEREAS, a reassessment of property within the Township of Mendham became effective for the year 2005. 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 Township Attorney is hereby authorized and directed to execute, on behalf of the Township, Tax Court of New Jersey Stipulation of Settlement for purposes of effecting settlement of the above-mentioned tax appeal as follows, such settlement to apply to the 2005 and 2006 tax years: Block 143, Lot 7 (Zhang) 2005 Assessment 2006 Assessment Settlement Assessment Land $ 419,400 $ 419,400 (2005) 419,400 (2006) 419,400 Improvements 782,700 782,700 330,600 330,600 Total 1,202,100 1,202,100 750,000 750,000 Mr. Schrier made a motion to adopt R2006-124; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 9. Mr. Falcon referred to his Memo regarding the definition of accessory building. The committee will address this at their next meeting. Ms. Florek suggested, as a courtesy, this Memo be shared with the Board of Adjustment. ADMINISTRATOR REPORT With Mr. Mountain’s absence this evening there is no Administrator Report OPEM ITEMS LIST The Open Items List was reviewed and
updated. CORRESPONDENCE1. NJLM/Mayors Fax Advisory (9) 2. Harry E. Lunt/Noise Restrictions 3. Community of St. John Baptist/Notice of Award of Grant 4. County of Morris/Open Space Application notice of site visit and presentation 5. County of Morris Freeholders/Shared Services Committee 6. County of Morris Freeholders/Deer Carcass Removal 7. Mendham Township Environmental Commission/Climate Protection Agreement 8. NJDEP to Bilinkas Company/Case Closeout Correspondence 9. NJDEP/Site Remediation Legislation Meeting Invitation 10. Mortimer J. O’Shea/Suggestion re Consolidation LEGISLATIVE REPORT 1. Mr. Pierson referred to an advisory from the NJLM dated 8/17/06 that announced an application period for a DHS Commercial Equipment Direct Assistance Program. He would like Mr. Mountain to look into this program. Mr. Schrier reminded the Committee that the Morris County Freeholders are hosting a meeting on September 18th to discuss shared services as an initiative to save taxpayers dollars. Mayor Krieg received a reply to his correspondence to the Administrative Office of the Courts Directive on Municipal Court Security. Mayor Krieg had responded that this is a state mandate-state pay matter and the response from the AOC did not support that opinion. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened
to the public. Chief Costanza, Mendham Township Police Department, noted
that his office received a notice from the prosecutor’s office with a deadline
for submitting a plan in connection with the AOC directive and he asked how the
Township was going to respond to the very explicit mandates.
Mr. Schrier suggested a committee composed of the Administrator, the
Police Chief and the Police Committee. No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public. Upon motion duly made and seconded the Committee went into
closed session at 8:32 p.m. Mr. Falcon provided the Committee with information
regarding the open public meetings act. He
also updated the Committee on a matter concerning the Girl Scout Camp project.
Susan Kimball was present and she and Mr. Falcon updated the Committee on
the COAH third round process and the status of the Township’s appeal of
COAH’s ruling on the Township third round filing. Upon motion duly made and seconded the Committee returned
to open session at 9:08 p.m. Mr. Schrier made a motion to authorize Mr. Falcon to
proceed with the appeal of COAH’s ruling; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. Mr. Schrier reported that he asked to propose a traffic
signal coordination change from Washington Township to Morristown because of the
traffic build up in Mendham. He said
that Freeholder Druetzler suggested that Mendham Township and Mendham Borough
get together to discuss. Mr. Schrier pointed out a letter from Township resident
Harry Lunt in which he requests an amendment to the noise ordinance because Mr.
Lunt feels the ordinance discriminates against older people and also by
religion. The Committee agreed to
continue this discussion at the next meeting. Ms. Florek noted a memo from the Environmental Commission
requesting that the Township consider joining a nationwide effort to reduce the
country’s contribution to global warming by adopting an agreement known as the
Kyoto Protocol. The Committee
declined this request. With no other matters to come before the Committee, upon
motion duly made and seconded the meeting adjourned at 9:20 p.m. Respectfully submitted: Penny Newell, Township Clerk Attachments: Ordinance 21-2006, Ordinance 22-2006, Ordinance 23-2006 Approved Bill List ORDINANCE 21-2006 AN ORDINANCE TO AMEND CHAPTER VI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM TO PROHIBIT ANY PERSON UNDER THE LEGAL AGE TO KNOWLINGLY POSSESS OR KNOWINGLY CONSUME AN ALCOHOLIC BEVERAGE ON PRIVATE PROPERTY WIHTOUT LEGAL AUTHORITY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF WHEREAS, L.2000, c.33, was duly passed by both houses of the New Jersey Legislature and signed into law by the governor on June 28, 2000 to become effective immediately; and WHEREAS, this legislation amends New Jersey Statutes 40:48-1 et. seq., to provide a new section authorizing a municipality to enact an ordinance making it unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property and provides for the assessment of penalties including suspension, revocation or postponement of certain driving privileges; and WHEREAS, the Township of Mendham intends to adopt such an ordinance in accordance with the aforesaid enabling legislation; and WHEREAS, the Township Committee of the Township of Mendham is of the opinion that such an ordinance is in the public interest, will promote public safety and will contribute to the overall public health, safety and welfare of the community at large. BE IT ORDAINED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey as follows: Section 1. Chapter VI of the Revised General Ordinances of the Township of Mendham is hereby amended by enacting a new Section 6-7 (Possession or Consumption of Alcoholic Beverage by Persons Prohibited) as follows: 6-7
POSSESSION OR CONSUMPTION OF ALCOHOLIC
BEVERAGE BY PERSONS PROHIBITED 6-7.1 Underaged Possession or Consumption
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property. 6-7.2 Penalty A. Any person violating the provisions of this Article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250.00 for a first offense and $350 for any subsequent offense. B. In addition to the fine authorized for this offense, the Court may suspend or postpone for six (6) months the driving privileges of the defendant. Upon conviction of any person and the suspension or postponement of that person’s driver’s license, the Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of 17 years. C. If a person at the time of the imposition of a sentence has a valid driver’s license issued by this state, the Court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court. D. The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement the person shall be subject to the penalties set forth in R. S. 39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive written notice shall not be a defense to a subsequent charge to a violation of R.S. 39:3-40. E. If a person convicted under this Article is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the non-residential driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The Court shall not collect the license of a non-resident convicted under this Article. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. 6-7.3 Exceptions A. Nothing contained in this Article is intended, nor shall it be construed as prohibiting an Underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. B. As used in this Article, the following terms shall have the meaning set forth: “Guardian” means a person who has qualified as a guardian of the Underaged person pursuant to testimony or court appointment; “Relative” means the Underaged person’s grandparent, aunt or uncle, sibling, or any other person related by blood or affinity. C. Nothing contained in this Article is intended, nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this Article shall not be construed to preclude the imposition of a penalty under this Article, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages. Section 2. All ordinance or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 3. If any portion of this ordinance shall be determined to be invalid, such determination shall not affect the validity of the remaining portions of said ordinance. Section 4.This ordinance shall take effect upon final passage and publication in accordance with law. ORDINANCE 22-2006 ORDINANCE TO AMEND AN ORDINANCE ESTABLISHING STORMWATER MANAGEMENT REQUIREMENTS AND CONTROLS FOR DEVELOPMENT PROJECTS IN THE TOWNSHIP OF MENDHAM AND SUPPLEMENTING THE PROVISIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM ENTITLED “LAND USE ORDINANCE” PERTAINING THERETO BE IT ORDAINED by the Township Committee of the Township of Mendham in the County of Morris, New Jersey as follows: Section 1. Chapter XXIV (B) entitled “Stormwater Management” and more particularly Section 10 thereof entitled “Maintenance and Repair” is hereby amended to repeal and remove the following provisions appearing in Section 10 (B) thereof: “Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53” and to further amend Section 10 (B) so as to provide for a new Section 10 (B) 11 in place and stead of the aforesaid repealed provisions to read as follows: 11) The Township shall have the right to require the posting of such performance or maintenance guarantees as are permitted by law, and notwithstanding any other provision providing for the posting of bonds in connection with Major Development, whenever the Township is requested to accept dedication of properties to be maintained for detention or retention basin purposes which will result in the Township having to expend funds in the future for the maintenance of such properties, the Township shall, unless otherwise determined by the Township Committee, require that the property owner dedicating such property post with the Township funds that will defray the estimated costs of maintenance for a 10 year period. Section 2. If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance. Section 3. This ordinance shall take effect after final passage and publication as required by law. ORDINANCE 23-2006 ORDINANCE TO REGULATE THE REMOVAL OF BRUSH FROM CURBSIDE AND SUPPLEMENTING CHAPTER XXXI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY BE IT ORDAINED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows: Section 1. Chapter XXXI entitled “Solid Waste Management” of the Revised General Ordinances of the Township of Mendham, 1998 a amended and supplemented and more particularly Section 31-1.7 thereof entitled “Recycling of Certain Yard Wastes” is amended in its entirety to read as follows: 31-1.7 Recycling of Certain Yard Wastes. Residents may dispose of brush (chippable, up to five (5) inches in diameter) by placing it at curbside on those days scheduled for pickup by the Township. The Township shall schedule two time periods during the course of the year for the curbside removal of brush by the Township. These will occur generally in the spring/summer season and then during the fall season. No brush shall be placed at curbside at any time other than during the two time periods scheduled by the Township for pickup. No branches or brush exceeding six (6) feet in length will be collected. No resident shall allow brush to remain at curbside beyond July 1 for the spring/summer pickup period or beyond December 1 for the fall pickup period. Residents shall be responsible for the disposal of all other yard wastes either by composting on their own properties or by arranging for other proper disposition. Section 2. 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. Section 3. This ordinance shall take effect upon publication of the notice of final adoption as provided by law. |
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