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MINUTES
– MENDHAM TOWNSHIP COMMITTEE Mayor
Pierson called the meeting to order at ROLL
CALL
Present:
Mayor Pierson, Mr. Schrier, Mr.
D’Emidio, Mr. Krieg
Absent:
Mr. Phelan
Also Present: Roger S. Clapp, Esq., Township
Attorney
Penny Newell, Township Clerk SALUTE
TO THE FLAG Mayor
Pierson 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 15, 2004; Notice was posted on the bulletin board in Township Offices
and Notice was filed with the Clerk on January 15, 2004.” APPROVAL
OF MINUTES – OLD
BUSINESS 1.
Ordinance 18-2004 – Second
BOND
ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $130,000 FOR PRELIMINARY
PLANNING AND DESIGN OF THE BROOKSIDE FIREHOUSE AND MUNICIPAL COMPLEX SITE PLAN
IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AND
AUTHORIZING THE ISSUANCE OF $123,500 BONDS OR NOTES OF THE TOWNSHIP FOR
FINANCING PART OF THE APPROPRIATION. Upon
motion duly made and seconded the meeting was opened to the public. Aloisia
Boretti, As no
one else asked to be heard, upon motion duly made and seconded the meeting was
closed to the public. Mr.
D’Emidio made a motion to adopt Ordinance 18-2004;
Mr. Krieg seconded the motion. ROLL
CALL – All present voted YES. 2.
Ordinance 20-2004 – Second ORDINANCE
REGULATING HOURS OF CONSTRUCTION AND USE OF POWER EQUIPMENT AND SUPPLEMENTING
THE Mr.
Clapp explained that this ordinance regulates activities rather than the extent
of noise generated by the activities. He
noted that the existing ordinance regulates construction and demolition noise
and this ordinance adds noise-generating equipment.
He said it also defines activities and regulates the hours permitted.
There are also six exempt activities Mayor
Pierson noted the times during which certain activities may be undertaken:
Weekdays from Mr.
D’Emidio questioned the definition of “legal holidays.”
Mr. Schrier said a legal holiday is one declared by the Federal
Government. Mr.
Clapp said there is some ambiguity with Federal or State holidays.
Mr. Schrier recommended that “holiday” for the purpose of this
ordinance be a Federal Holiday. Upon
motion duly made and seconded the meeting was opened to the public. Pat
Zimmerman, Mr.
D’Emidio asked about enforcement of the ordinance.
Mr. Clapp said anyone, including the police, could file a complaint for
violation of the ordinance. Mr.
Krieg said he doesn’t’ think painting a house falls under this ordinance.
He stated the purpose of the ordinance, which is to promote the health,
welfare and safety of the public and the peace and tranquility of the Township. Mayor
Pierson said this ordinance provides a day in the week when contractors cannot
conduct the activities regulated by the ordinance. Mr.
Schrier said that if someone were painting their own home they can continue to
do so on a Sunday or Marian
Koste, Peggy
Oswald, 1 Jane Terrace: said she
does all her own yard work and finds the time restriction too limiting for the
homeowner. She said she works during
the day and asked if daylight savings times were considered.
She asked if snow removal could be done outside the times listed?
Mayor Pierson stated that snow removal is not regulated.
Mrs. Oswald said that during daylight savings times there are still 2-3
hours of daylight after Mayor
Pierson asked the Committee how they felt about using the term dusk. Mr.
D’Emidio said this was his issue all along.
He said he cuts his own grass and sometimes it happens after Mrs.
Oswald said a rainy season could cause “roadblocks for those who do their own
work.” Mr.
Schrier said the Committee has had long discussions about this issue and if the
times in the ordinance don’t work out they may revisit it in the future, but
this is a good start. Mr.
Krieg said he also does his own lawn work and tries to be considerate of
neighbors. Mrs.
Oswald asked what would be involved in getting a permit to work outside the
permitted hours. Mr. Mountain would
be the person to issue such a permit. Aloisia
Boretti, Mayor
Pierson said there is no nicer sound than that of happy children playing. Frank
Mulcahy, 7 Knollwood Trail East: thanked
the Committee for their prompt attention to this issue.
He said he has had many calls from people who are happy to hear this
ordinance has been proposed. He said
that if the No
others present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public. Mr.
Schrier made a motion to amend Ordinance 20-2004 by inserting the word
“Federal” before the words “legal holiday;” Mr. D’Emidio seconded the
motion. ROLL
CALL – All present voted YES. Mr.
Schrier made a motion to adopt Ordinance 20-2004 as amended;
Mr. Krieg 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. Mark
Ford, 187 Mendham Road East: referring
to the recent referendum regarding the West Morris Regional High School
District, said he has been active in discussions about the educational system
and he suggested to the Committee that they may want to contact a consultant by
the name of C. William Gardner, who is an authority on making school districts
more efficient. He said Mr. Gardner
might be willing to meet with the Committee.
Mayor Pierson said that The
following is transcribed verbatim: Aloisia
Boretti, Mr.
Clapp: I agreed with you until the
last statement. Mrs.
Boretti: Which one was that? Mr.
Clapp: The last statement was that
the Township has overlooked this matter. That
is not true. Mrs. Boretti has
submitted, as she has stated, this claim, it is a proper thing for her to do. I
have some respect for the claim. The
Claim has been forwarded to both of the insurance carriers for the township.
Both the liability insurance and the fidelity bond insurance company and
unhappily for the resolution of this we have been pushing the insurance
companies and having to get them to deal with this the investigation has gone on
too long but it is in the hands of the insurance companies to investigate her
claim. This has been briefed to the
Committee some time ago and you may not remember, but it is a claim that is a
reasonable claim for her to make, it needs to be responded to but the Township
has been trying to deal with it by getting its insurance carriers who should
deal with this kind of claim, to get them to act on it….yes or no.
We’re pushing them. She has
been very patient. I give her credit
and I always have for her allowing this and we will push the insurance company
harder. Mr.
Mountain: Well described.
We have been pushing from the legal end and administrative end.
The insurer is well aware of the details of this. Phone calls have been
made as recently as in the last week to express the Township’s urgency to get
this matter resolved. Mr. Clapp’s
description of what has been going on is accurate. Mr.
Schrier: What is the response you
get from the insurance company? Mr.
Mountain: It is really because it is
between two different insurers and my suspicion is that they are fighting
amongst themselves as to who should pay the claim because it’s not a clear
resolution. Mr.
Schrier: What do they tell you when
you call? Mr.
Mountain: That it’s in process,
being investigated. Mr.
Clapp: We’re not getting
resolution. Mayor
Pierson: Both of these were placed
with the joint insurance fund? Mr.
Mountain: No, one is our prior
insurer. Mayor
Pierson: What is the amount that
…$30,000 is the amount of money, the back taxes in effect plus the 18%? Mrs.
Boretti: Has anyone investigated Mr. Perugini?
Who was the gentleman that released this. Mr.
Clapp: Yes, that’s the fidelity
bond part of it Mrs. Boretti. Mrs.
Boretti: The township doesn’t
bother to inquire from their own employees? Mr.
Clapp: The issue has been, when
it’s in the hands of the insurance company, there’s several questions that
I’ve had all the way along here, but I’m not going to investigate it when
the insurance company is suppose to be investigating it and get involved with
their investigation, cross their wires. So,
there are a number of questions. There
are several more questions that don’t have answers. Mrs.
Boretti: And all the records
conveniently disappeared. Mr.
Clapp: One of the questions. Mayor
Pierson: Are the duplicate records
in the county courthouse? Mr.
Clapp: No. Mrs.
Boretti: What’s in the courthouse,
they couldn’t disappear. All the
Township’s files are what disappeared. The
courthouse, fortunately, that’s what was saved. Mayor
Pierson: And when did this occur? Mrs.
Boretti: I became aware of it I
believe it was in 2001. Mr.
Clapp: She brought it to the
Township’s attention several years ago. Mrs.
Boretti: Apparently Mr. Schultz is
the one…this piece of property belonged apparently to a woman that was
deceased and had a multitude of heirs and he went through the procedure of
paying off all the heirs, however, he neglected to pay me off and there’s also
another person here that had a tax sale because he wanted to sell it to me and I
don’t think the town, or you, Mr. Clapp, checked to see if he was ever paid. Mr.
Clapp: I don’t know about what
you’ve just said. I don’t know
about somebody else. I only know
about your claim, Mrs. Boretti. Mrs.
Boretti: Because he was from
Livingston. I tried to contact him
but I could not get in touch with the number that I had. Mrs.
Clapp: I’d like you to please give
us that information. Mrs.
Boretti: Because if I was never
notified and I was shocked that mine had been washed over, that possibly the
same thing could have happened to him. Because
if it wasn’t for the real estate keeping me up to date on property sales in
town, I would still not have been aware of this.
I just basically would have been waiting thinking sooner or later.. Mr.
Clapp: There are a number of serious
questions but I’d like the information on that because that’s something that
should be. Mrs.
Boretti: Can I ask you a personal
question? Why did you never have the
courtesy to even send me a letter? Acknowledge
the situation. Mr.
Clapp: I wrote your lawyer, Mrs.
Boretti, I did respond. You may not
have seen that letter. Mrs.
Borettti: I know that a lawyer from
south Jersey called you. Mr.
Clapp: He wrote us a letter on your
behalf and we responded. I’ll get
you that. Mayor
Pierson: Clearly this is.. Mr.
Clapp: We’ve been trying to get
resolution for some time. Mrs.
Boretti: I mean, Penny Newell and
Toni and Judy have seen me down here numerous times… Mr.
Clapp: We haven’t had an answer
for you. Mrs.
Boretti: Well that doesn’t make me
feel any better. I have nothing in writing.
All I have is a tax lien that, according to the courthouse, has been
paid. Mr.
Clapp: I thought we advised your
lawyer that we have filed a claim with the insurance company. Mrs.
Boretti: Well that I knew from
Penny. Mr.
Clapp: And I’m telling you that
we’ve followed up with the insurance companies and we will continue to. Mayor
Pierson: We’re not going to solve
this problem tonight but we appreciate hearing from you.
If we were told about it four years ago, obviously, it seemed to slip by
us. It clearly is an issue that must
be brought to adjudication as promptly as possible and now that we’re aware of
it we’ll do our very best… Mrs.
Boretti: What I find interesting is
that Judy, that did the collecting of taxes, was extremely competent and knew
exactly what was going on. And yet
you hire an outsider that comes in and does something that’s not …. I think
maybe you should have more women employees. No other
present asked to be heard. Upon
motion duly made and seconded, the meeting was closed to the public. NEW
BUSINESS 1.
Resolution R2004-126 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 R2004-126; Mr. D’Emidio seconded the motion. ROLL
CALL – All present voted YES. Request
for waiver/conservation easement at 128 Mosle Road.
Michael Keegan, property
owner and Richard Traynor, attorney were present. The
following is transcribed verbatim: Mayor
Pierson: Everybody on the Committee
has viewed the property. Do you have
any summary or anything else you’d like to say on your behalf? Mr.
Keegan: No, I don’t believe I have
anything else to say. Mr.
Traynor: If you are looking for a
summary I think I would just like to stress the fact that I think the way this
should be framed is I think what my impression of what the body that’s framing
the question all along is –is there anywhere else on the property you could
put this fence instead of in the conservation easement?
And I think based on our research of the law, the question really should
be is it reasonable that a fence that’s put in a conservation easement
unreasonably burden the purpose of the conservation easement.
It’s an important distinction. You
should not be looking at anything other than within the conservation easement
itself and whether a fence in the conservation easement would somehow defeat the
purpose of the easement. And I think
our position, obviously, is that it would not.
We’re not going to take down any trees within the conservation
easement, it’s consistent with the character of the neighborhood, other
properties on the street have similar fences, set back similar distances and we
feel that it is eminent and reasonable. Mayor
Pierson: I’d like to hear from
Mrs. Link who represents the Environmental Commission and get a report from her
because she has viewed the property, she’s read the easement. Sarah
Dean Link: Thank you Mayor Pierson.
As you said I’m representing the Environmental Commission but tonight
I’m also representing the Tree Protection Committee.
This is a tree issue as well as a conservation issue and they were
interested in it and at least one of the members of the committee went out and
looked at the property. None of the
members of the committee could be here tonight and they asked me to represent
their view of the situation also. We
have considered our opinion and we still feel that a fence in a conservation
easement is in violation of the sense of the easement.
Easements are created to protect open space in its natural state and
fences are not part of the reason for having conservation easements.
We both feel, both the Environmental Commission and the Tree Protection
Committee, therefore continue to feel that we oppose a fence within the
conservation easement. Members of
the Tree committee have been there. They
feel that there is a place on the property where a fence could be built without
taking trees down and they would be glad to meet with Mr. Keegan at his property
to see if they could help him work out a solution to the situation. Mr.
Traynor to Mrs. Link: From what I
understand that you said, your committee felt it to be unreasonable to put
anything in a conservation easement and that’s essentially mandated. Mrs.
Link: It’s consistent with the way
the conservation easement reads and after reading Mr. Keegan’s most recent
letter I did compare the language of the conservation easement, his conservation
easement, and the conservation easement that we normally use and they
essentially say the same thing, that there’s to be no construction within a
conservation easement. So the two
easements essentially say the same thing. Mr.
Traynor: Without the approval of the
governing body. Mrs.
Link: Right, that’s correct. Mr.
Keegan: Just one other point. There
is one distinction between the one you read last week or two weeks ago, and my
easement. The one you read two weeks
ago specifically excludes fences, this one does not. Mr.
Krieg: I have a question for Mr.
Clapp. In section D it goes into
things that may be used but it also says as the same may be amended by the board
from time to time, this is on page 4, would that in effect take the changes that
have been put in on easements prohibiting fences, and make them part of this? Mr.
Clapp: No, it would not.
You don’t incorporate a prior, a subsequent agreement, in this
agreement. What this agreement says,
this section 3, no buildings, structures, or other improvements shall be erected
or placed within the easement area. Just
because it didn’t say fence doesn’t mean a fence is permitted.
The language is rather clear in my opinion.
Mr.
Keegan: Mr. Clapp, could I ask you
just to read the current easement. The
one that was read last week. Mr.
Clapp: The current easement says,
probably, including fences. But,
fences are not excluded from the easement that was recorded in June of 2000.
Just because a stable isn’t identified doesn’t mean that stables are
permitted. The language is rather
broad and rather clear. No
buildings, structures or other improvements shall be erected or placed.
A fence is a structure or an improvement.
So I think fences are included in the recorded easement. Mr.
Keegan: Could I ask you to read what
the current easement says? Mr.
Clapp: I have your easement in front
of me, but Mr.
Keegan: I think that the easement
that’s used, the standard easement, includes fences, also includes the word
structure, I believe, I’m not positive of that.
I’d like you to read it. Mrs.
Newell read Section 3 of the approved form of conservation easement:
No buildings, structures, fences or other improvement shall be erected or
placed within the easement area and no roads, drives or trails for motorized
vehicles shall be constructed or maintained within the easement area.
The term “motorized vehicles” as used herein shall include but not be
limited to automobiles, trucks, snowmobiles, ATV’s motorcycles, motor bikes,
mopeds, go-carts and dune buggies. Mr.
Clapp: the addition of the word
fences does not mean that a fence is permitted.
Mayor
Pierson: The governing body has all
been up to view this property. We’ve
discussed it at two meetings. Does
anyone want to offer a resolution to either allow or deny Mr. Keegan’s
request. Mr.
Schrier: Mayor, I’ll make a motion
to deny Mr. Keegan’s request. Mr.
Krieg: I’ll second Mr. Schrier’s
motion. Mr.
D’Emidio: I went out there and met
with Mrs. Keegan. Fortunately she
was picking up the mail at the end of the driveway.
She pointed out the proposed site of this fence, line of this fence and
clearly there’s an opening there that would not disturb anything but it’s
clearly also within the easement that the property owner at the time accepted at
the planning board approval process. We
also looked at, I won’t say we looked at, I looked at another location between
the driveway and the trees where you possibly could put a fence.
It’s closer to the driveway. I
assume, I did not measure it but just by gauge, and I’m a licensed engineer
and have a pretty good idea of distances. It
seems to me it would fall outside of the easement area.
I also used Mr. Keegan’s map. Basically,
two issues here. The desire of the
Keegans to put it in the location they request and the potential damage to any
trees. There are two, basically two, distinctive trees there, one closer to the
entrance to the driveway and one at the far side.
Mr.
Keegan: The one closer to the
driveway, no matter where we put the fence I don’t think that would be in
question. Mr.
D’Emidio: I’m not an expert in
trees but the prettiest of the trees in my opinion is the far one, although I
would not like to lose either one of them. I
think you could put it in between the driveway and those trees, I’m not an
expert in that field, but I think that once it’s up, like all these other
issues that we face here, it ends up a couple years down the road being fine,
acceptable to you and your family. I
can’t speak for you and your family. Your
wife gave me very good reasons and meeting your sons, two nice boys, clearly
boys, and I have two sons myself. I
understand her concerns about the deer and the problems with them.
I think it can be done, I really do, outside of that easement area.
So I would support Mr. Schrier’s motion and I think my observation
should be stated here, so that I did it. ROLL
CALL for Motion to deny: Mr. Krieg
– Yes, Mr. Schrier – Yes;
Mr. D’Emidio – Yes; Mayor
Pierson – Yes. Mr.
Keegan: Can I just ask if there are
any other reasons. Mr.
Schrier: I’m concerned about
elaborating too much, Mr. Keegan, I don’t want to go on the record with more
than I need to say except to point out to you that removal of trees, which you
have brought up as an issue as an alternative to taking the fence down and
replacing it is a matter of choice. The
whole idea of installing a fence, is indeed a matter of your choice. Mayor
Pierson: I don’t believe any
easement should be violated and we worked long and hard in this town for our
open space and that open space includes the easements.
I regret that you are unhappy but philosophically I voted on this issue. Mr.
Krieg: I do want to say everyone did
get out and view the property and give it serious consideration. Mr.
Schrier: Very nice property. Mr.
Krieg: You’ve done a nice job. Mayor
Pierson: You’ll get a letter
confirming this. Mr.
Keegan: Thank you. 3.
Discussion of Municipal Complex Design/Police Department Mr.
Mountain distributed the floor plan for the police department that was provided
by the architect. He said this is a
rough floor plan for a building on the existing footprint.
Mr. Mountain suggested a subcommittee look at this and then have a
meeting with the architect. He also
noted that the Police Chief has not yet seen this plan.
4.
Mayor Pierson said that the Historic Preservation Committee has provided
a draft of an ordinance that is far less complex that the previous draft.
He said it would be placed on a future agenda and members of the Historic
Preservation Committee would be present to answer questions.
The Township Committee would then decide whether to send the ordinance
back to the planning board. 5.
Gregory Lynch was recognized as a new member of the Mendham Township
First Aid Squad. ADMINISTRATOR
REPORT 1.
Mr. Mountain reported that the Recreation Commission has responded to the
questions regarding field design for India Brook Park.
They feel that location would not be appropriate for baseball but
recommend soccer/lacross fields. 2.
Mr. Mountain reported that the application submitted for the diversion of
the apartments at India Brook Park that originally appeared to be acceptable to
Green Acres, has been denied at the administrative level.
He said there is no appeal process and suggested the Committee try to
find a creative way to use the facilities. He
said the property is still eligible to have stewards reside there. OPEN
ITEMS LIST The Open
Items List was reviewed and updated. CORRESPONDENCE NJDEP/2005
Environmental Services Program Matching Grant Program NJDEP/Statewide
Livable Communities Grant Program NJDEP/Source
Water Assessment Program Morris
County Administrator/Alliance Funding for 2005 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. 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 9:07 p.m. Personnel
matters were discussed. Mr.
Mountain advised the Committee regarding two change orders on the Mendham East
Disposal Bed Project. A request
regarding drainage work on Ward Drive was discussed by the Committee.
Upon
motion duly made and seconded the Committee returned to open session at 10:33
p.m. With no
additional matters to come before the Committee, upon motion duly made and
seconded the meeting adjourned at 10:33 p.m Respectfully
submitted: Penny
Newell, Township Clerk |
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