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MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

January 10. 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, Ms. Florek

Absent:

Also Present: Roger S. Clapp, 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 December 9, 2004; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on December 9, 2004 .”

APPROVAL OF MINUTES – December 13 and 21, 2004 and January 3, 2005 – Upon motion duly made and seconded these minutes were approved as written.

OLD BUSINESS

1. Mr. Mountain reported that the Construction Official has been working with the Girl Scouts regarding the issuing of permits for footings and foundations and they are still working on procedures going forward.

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. School Construction Update – Present representing the Board of Education: Dr. Frank Fehn, Superintendent of Schools and Board Members Janet Richards, Larry Paragano and Rick Pappalardo and Kevin Cartotto, Business Administrator.

Mr. Pappalardo, as chairperson of the construction committee, said their goals are to build the finest school for the children and the community. He said it is very important and critical to balance the educational program and the safety of the children against the construction project. He noted that the first two bids received for the project were too high. Their focus is on growth, technology and fire protection. He also noted the growing enrollment with a total now of 900 students. Mr. Paragano added that they are pursuing an aggressive schedule and anticipate completion by Sept/Oct of 2005. Renovating and retrofitting classrooms will be done during the summer of 2005. He thanked Russ Heiney for his cooperation and noted that they intend to comply with all construction codes. He said there is one permit outstanding and that is related to the sprinkler system. Mayor Krieg asked if they were waiting for the plans for the sprinkler system. Mr. Paragano replied that a full set of plans have been submitted for the elementary school and they are waiting for two jurisdictions to look at them. Mr. Phelan asked why two jurisdictions are involved. Mr. Paragano explained that Chester Township is a level one inspection agency and they are reviewing the plans. Mr. Schrier asked if there are any mold issues. Dr. Fehn replied that the measures that were instituted when mold was first discovered are still in effect and there are no mold issues. Mr. Phelan asked about monitoring cost vs budget. Dr. Fehn replied that they are on budget. Mr. Pierson said the Board is to be congratulated for negotiating the price down and it appears that everything is moving along smoothly. Mr. Paragano noted that there is a lot of renovation work to be done at the elementary school this summer with a smaller amount to be done at the middle school. Dr. Fehn noted that the educational programs have not been impacted by the construction and there have been no cancellations of activities.

2. Discussion of Historic Preservation Ordinance. Mr. Clapp explained some revisions to the draft of this ordinance that were discussed by the Township Committee on December 13^th and also some changes that respond to Board of Adjustment requests, including one major change to the definition of “demolition.” He said the definition of demolition in the ordinance considered on December 13^th was “the act of pulling down, destroying, removing, razing or other activity requiring a demolition permit that pertains to a historic building.” He said the Construction Code Official does not issue a demolition permit to tear down a building to its foundation. He said if the foundation is left a demolition permit is not needed and with that issue there could have been teardowns to the foundation of historic buildings that would never have gone to the Historic Advisory Committee and would not have been subject to the demolition delay of one year. The major change is not to have this ordinance turn on when a demolition permit is required but to have an independent definition of demolition. He said the new definition is “destruction or removal of 25% or more of any exterior facade of a historic building. He said removal from the site of a historic building would also be considered demolition. The major issue is whether or not a demolition permit is required from the Construction Official. The new thought is to have the ordinance turn on some percentage of the exterior facade of a historic building. He said other changes were minor. Mr. Schrier said the new definition more accurately reflects what demolition means. Mr. Pierson asked if it would be better to say partial demolition. Mr. Schrier suggested modification. Mr. Clapp said the issue is with what percentage defines demolition. He also said the objective of historic preservation is usually the protection of the façade of a historic building. Mayor Krieg said his initial understanding was that this ordinance would give the Historic Preservation Committee the opportunity to speak with people planning alterations to their homes to help them understand ways of doing it while preserving the look of the home. He asked if a delay of up to one year for demolition involving more than 25% of the building is changing the intent . Ray Nadaskay, Tim Timpson and Ray Woodhull were present from the HPC and they noted that the percentage in the original draft was based on 25% of the house being destroyed. Mr. Timpson added that Harding Township specifies 35% in their ordinance. Mayor Krieg asked, as an example, if someone was going to change the back façade of their home, could that possible trigger a delay of one year? Mr. Timpson said it could. Mr. Pierson said that was not what the Township Committee thought it was going to be and he asked why the change to 25%. Mr. Timpson said there is no definitive point at which a demolition permit is required. Mayor Krieg said a building permit is what would trigger a historic review. Mr. Timpson said an alteration would trigger a meeting between the HPC and the property owner. There was discussion about what percentage should represent demolition. Ray Nadaskay said the assumption was made that the Township had an ordinance that addressed demolition and when they found it did not they looked to other municipalities for examples. He said a partial demolition could result in a whole new building under the current law, so a percentage has to be established.

The Township Committee agreed to hold the introduction of this ordinance until they have had the opportunity to study it further. Upon motion duly made and seconded they opened the meeting to the public to address this topic.

Russell Buchanan, 12 Valley View Drive : asked if the definition of historic structure is limited to certain criteria. Mr. Nadaskay replied that the criteria includes a particular style, was at one time the residence of a famous person or a historic event occurred there.

Dr. Knoop, Tempe Wick Road : asked if an appeal from this ordinance would be heard by the Board of Adjustment or any other body. Mr. Nadaskay noted that the Board of Adjustment would hear appeals.

Beirne Donaldson, 13 Roxiticus Road : said if things are site specific can there be a list of properties that are addressed by this ordinance. It was clarified that there is a list of 209 properties attached to this proposed ordinance. She suggested that once this ordinance is adopted the property owners affected should be notified. Mr. Nadaskay agreed that would be a good idea.

Darby Scott, 81 Mountainside Road : said she values historic preservation but asked if these regulations could impact the ability to sell a historic home. She also said the one year delay process could possibly deter a buyer who would want to make changes and make it more attractive to sell to a developer who would be willing to wait out the one year delay.

Joan Miller, 157 Mountainside Road : said she has made additions to her historic home and noted that her late husband, former Township Attorney John Miller, told her not to declare the home historic because you won’t be able to do what you want to do to it.

Gail Lingerman, Mendham Road West : has a historic home and agrees with the level of change being a determining factor in triggering a review.

George McKinnell, West Main Street : asked what the guidelines would be for the appeal process to the Board of Adjustment. Mr. Clapp said the appeal would be a full appeal to the Board of Adjustment.

Sarah Dean Link, Tingley Road : asked if the demolition permit was not something that the Committee wanted to address, would the references to it be removed from the draft ordinance. Mr. Clapp said they were supposed to be removed.

Upon motion duly made and seconded the meeting was closed to the public.

3. Resolution R2005-13; 13a; 13b;13c

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19

WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2005 budget, temporary appropriations may be made for the purpose and amounts required in the manner and time therein provided; and

WHEREAS, the date of this resolution is within the first thirty days of January, 2005; and

WHEREAS, the total appropriations in the 2004 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, is the sum of $6,086,299.37; and

WHEREAS, 26.25% of the total appropriations in the 2004 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance in said 2004 budget is the sum of $1,597,653.58. . .

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following appropriations be made and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.

(See Attached)

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING TEMPORARY APPROPRIATION FOR DEBT SERVICE REQUIREMENTS

WHEREAS, N.J.S. 40A:4-19 provides authority for appropriating in a temporary resolution the permanent debt service requirements for the coming fiscal year providing that such resolution is not made earlier than December 20 of the year preceding the beginning of the fiscal year; and

WHEREAS, the date of this resolution is subsequent to December 19, 2004 ; and

WHEREAS, principal and interest will be due on various dates from January 1, 2005 to December 31, 2005, inclusive, on sundry bonds issued and outstanding.

NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made to cover the period from January 1, 2005 to December 31, 2005 inclusive:

DEBT SERVICE – TOWNSHIP OF MENDHAM

Payment of Bonds $980,000.00

Interest on Bonds $ 94,000.00

Interest on Notes 26,000.00

Payment of Bond Anticipation Notes 0

$1,100,000.00

DEBT SERVICE – OPEN SPACE

Payment of Principal – loans & bonds $196,916.39

Interest on Bonds and Loans $ 63,217.29

Interest on Notes 0

$260,133.68

DEBT SERVICE – SEWER UTILITY I

Payment of Principal and Interest on Bonds $ 5,000.00

Interest on Bonds 1,363.75

Interest on Notes 39,315.00 Payment of Bond Anticipation Notes 0

$ 45,678.75

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19

WHEREAS, the date of this resolution is within the first thirty days of January, 2005; and

TEMPORARY APPROPRIATIONS – 2005

SEWER SALARIES OTHER EXPENSES TOTAL

Sewer 0 $76,125.00

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19

WHEREAS, the date of this resolution is within the first thirty days of January, 2005; and

TEMPORARY APPROPRIATIONS – 2005

SEWER II SALARIES OTHER EXPENSES TOTAL

Sewer 0 $19,162.50

Mr. Pierson made a motion to adopt these resolutions; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

4. Ordinance 1-2005/Amend Recreation Commission Membership

ordinance enlarging the board of recreation commissioners from five to seven members and amending subsection 2-27.1 of the mendham township ordinance code

Mr. Pierson made a motion to adopt Ordinance 1-2005 upon first reading with second reading and public hearing scheduled for January 25, 2005; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 1-2005 is attached hereto and made a part hereof.

5. Resolution R2005-14

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. Phelan made a motion to adopt R2005-14; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2005-15

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING PARTICIPATION IN THE MORRIS CHAPTER (McARP) FOR THE YEAR 2005

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McARP); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Township of Mendham’s costs with respect thereto will be approximately $777.00 according to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, as follows:

1. That the Township of Mendham hereby intends to join the Morris County Adaptive Recreation Program (McARP) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

Mr. Phelan made a motion to adopt R2005-15; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

7. Resolution R2005-16

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING REFUND OF VETERAN’S DEDUCTION

WHEREAS, a Veteran’s Deduction has been applied for and authorized for the following property 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 amount as indicated:

Block/Lot Owner Amount Deduction

145.04/38 Heath, John $250.00 Veteran

Mr. Phelan made a motion to adopt R2005-16; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

8. The Raffle Application by the Sisters of St. John the Baptist was approved.

9. Marian Koste, Robert Pierson and Stephen Mountain were appointed to the Morris County CDRS Committee.

ADMINISTRATOR REPORT

1. Mr. Mountain noted that there are three holidays that fall on recycling days in 2005 and he suggested that as an alternative, the MCMUA will provide rolloffs at the DPW or other locations free of charge. The Committee agreed.

2. Mr. Mountain provided suggested dates for the operating budget workshops for consideration by the Committee.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

NJLM/Property Tax Convention Task Force Issues
NJLM/Pension Offset Legislation
NJDEP/Grant & Loan Program
NJLM/Legislative Preview
NJLM/Share Grant Applications
NJLM/Training Seminars
James B. Gardner/2004 reassessment; response by Mr. DelGuercio
HPMC/Program for Municipal Officials/COAH’;s 3^rd round
NJDEP/Request not eligible
WMRHS District 2003/2004 Audit
Morris County CDGB activity
NJDOT/Request not funded
Whippany River Watershed Action Committee/2005 Membership

LEGISLATIVE REPORT

Mr. Pierson suggested resolutions urging opposition to A-3529 and also A-2121/S-911. Upon motion duly made and seconded the Committee approved the two resolutions.

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, 3 West Main Street: said she lives in an old house in a historic district and if the houses on either side of her property were changed it would affect the value of her house. She also said that 25% may be high but needed.

Larry Paragano, Knollwood Trail: referred to the incident near the elementary school on November 2, 2004 where a public works project was undertaken at the same time as a mini-marathon. He asked what reprimands have been issued and how this kind of incident can be avoided in the future. Mr. Mountain replied that discussions have taken place with the DPW employees and will be formally dealt with by all departments. He also noted the fine imposed by the BPU as a result of the incident.

Mayor Krieg noted that some parents were parked across the no parking area to the fire lane on Hilltop Circle.

There being no others present who 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 9:56 p.m. There was a personnel discussion with the Police Chief. A construction project on Mt. Pleasant Road was discussed. The fine imposed by the BPU was also discussed. Recent litigation and guidelines regarding e-mail policies were discussed.

Upon motion duly made the Committee returned to open session at 10:30 p.m.

Upon motion duly made and seconded the meeting adjourned at 10:30 p.m.

Respectfully submitted:

Penny Newell, Township Clerk