|
MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
September 28, 2004
Mayor Pierson called the meeting to order at
7:00 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Pierson, Mr. Phelan,
Mr. D’Emidio, Mr. Krieg
Absent:
Mr. Schrier
Also Present: Roger S. Clapp,
Esq., Township Attorney
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
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 R2004-111; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
Upon motion duly made and seconded the Committee went into
closed session at
7:00 p.m.
Also present were Katie Porter, Ray Nadaskay, Daryl
Brewster and Diana Orban Brown, members of the India Brook Park subcommittee,
along with Les and Carol Armour, representing the Morris Central
YMCA.
Upon motion duly made and
seconded the Committee returned to open session at
7:30 p.m.
ROLL CALL
Present:
Mayor Pierson, Mr. Phelan,
Mr. D’Emidio, Mr. Krieg
Absent:
Mr. Schrier
Also Present: Roger S. Clapp,
Esq., Township Attorney
Stephen
Mountain
, Township Administrator
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 –
September 13, 2004
– Mr. D’Emidio made a motion to approve
these minutes as written; Mr. Phelan
seconded the motion. ROLL CALL –
All present voted YES.
OLD BUSINESS
Mr. D’Emidio asked for a status report on
the
East
Main
Street
Bridge
. Mr. Mountain said the bridge is
open with several small loose ends being completed.
Temporary guard rails will be installed until the backordered permanent
ones are delivered. The
drainage improvements are working well and the issue associated with an adjacent
property has been resolved.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the
meeting was opened to the public.
Sally Mulcahy, 7 Knollwood Trail East:
expressed concern with noise associated with lawn maintenance, especially
during weekends and evening hours. She
noted that some neighboring property owners consistently run lawnmowers all
weekend and it impacts their quality of life.
She suggested to the Committee that an ordinance limiting the times
during which lawn maintenance equipment would be used, and perhaps prohibiting
it entirely on Sundays, would be appropriate.
Mayor Pierson indicated to Mrs. Mulcahy that
this topic is scheduled for discussion later in the meeting.
Mr. Krieg asked Mrs. Mulcahy what she
meant by neighbors mowing their lawn all weekend.
Mrs. Mulcahy said they usually run the equipment for several hours on
Friday night and a good portion of every Saturday and Sunday.
She suggested an ordinance, if considered, should also include
prohibitions regarding the use of leaf blowers and tractors as well.
Elizabeth Peters,
27 Horizon Drive
: asked Mayor Pierson what he is
doing about the heroin problem in Mendham.
Mayor Pierson replied that the Police Chief might want to
comment on the drug problem that might or might not exist in the community and
he noted that local police officers have been part of a
county
taskforce
.
Chief Costanza said he would prefer to reserve comments,
this being too wide a field to discuss at this time and he suggested that Mrs.
Peters call him. Mrs. Peters said
taskforces are not experts in handling this and it would be better to call the
DEA. Mayor Pierson suggested that
Mrs. Peters meet with Chief Costanza. Mr.
Phelan thanked Mrs. Peters for bring this matter to their attention and the
Township Committee will meet with the Police Chief and get back to her.
Mrs. Peters asked Mayor Pierson to explain why he is
looking at water quality. She said
that the Army Corp of Engineers did this type of work in the 1940’s and she
sees no need for the Mayor to be spending time out of Mendham dealing with
things that have already been done. Mayor
Pierson explained the importance of working to protect and improve water
quality.
Mrs. Peters said that “while the Mayor is out tracking
bears and water the students in
Newark
are getting a better education than those in Mendham.”
She asked why the Committee is not paying attention to what is going on
here.
Mrs. Peters said she doesn’t understand the need for a
municipal complex. She said that the
roof for the fire station could be raised for about $150,000 and there are
technological advances to address such issues.
Mr. D’Emidio stated that, although there are companies that do raise
roofs and floors but upon investigation it was decided that would not be the
best option. Mrs. Peters said the
new municipal complex is just going to add cost and no value.
She said it would create more jobs that have nothing to do with police
and fire.
There being no others present who asked to be heard, upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING JOSEPH WILCE AS A PROBATIONARY OFFICER IN THE MENDHAM TOWNSHIP
POLICE DEPARTMENT
WHEREAS, the Chief of Police of the Mendham Township Police Department
has recommended that Joseph Wilce be employed as a Probationary Officer in the
Mendham Township Police Department; and
WHEREAS, the Township Committee has determined that Joseph Wilce
possesses the necessary qualifications for employment as a Probationary Police
Officer in the Mendham Township Police Department.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
Joseph Wilce is hereby employed as a Probationary Officer of the
Mendham Township Police Department as of
September 28, 2004
.
2.
During 2004 Joseph Wilce shall be compensated at the salary rate
provided in the 2001/2004 Agreement between the
Township
of
Mendham
and the Mendham Township Police Bargaining Unit , namely, at the rate of
$40,414.00 Pursuant to Article XIII
of the Agreement Patrolman Wilce’s holiday pay is included in the base salary.
3.
The employment of Joseph Wilce as a Probationary Officer is
pursuant to the provisions of the Revised General Ordinances of the Township of
Mendham, 1998, as amended and supplemented and the 2001/2004 Agreement between
the Township of Mendham and the Mendham Township Police Bargaining Unit, and
accordingly, unless sooner terminated by action of the Township Committee, such
employment shall automatically terminate on September 28, 2005.
In any event Joseph Wilce shall not be an employee of the
Township
of
Mendham
after
September 28, 2005
unless he shall be appointed by the Township Committee as a permanent member of
the Mendham Township Police Department.
4.
In the event that Joseph Wilce shall be appointed as a permanent
member of the Mendham Township Police Department after the satisfactory
completion of a one-year probationary period, then for purposes of calculating
salaries, vacations and longevity benefits to which he will be entitled as a
permanent member of the Mendham Township Police Department the date of
commencement of his service under the provisions of the 2001/2004 Agreement
between the Township of Mendham and the Mendham Township Police Bargaining Unit
and successor Agreements shall be September 28, 2004.
5.
Certified copies of this Resolution shall be forwarded by the
Township Clerk to the Chief of Police and to Joseph Wilce.
6.
A certified copy of this Resolution shall be endorsed by Joseph
Wilce to indicate his acceptance of the terms and conditions of his employment,
and such endorsed certified copy shall be filed with the Township Clerk.
This Resolution shall become null and void in its entirety if such
endorsement and filing are not accomplished by
October 5, 2004
.
Mr. Phelan made a motion to adopt R2004-110; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
Mayor Pierson, assisted by Chief Costanza, administered the
Oath of Office to Patrolman Wilce.
3. Discussion
of Historic Preservation Ordinance. Mayor
Pierson said a proposed ordinance has been drafted by the Historic Preservation
Committee and presented to the Planning Board for consideration at their last
meeting. He suggested to Mr.
Nadaskay and Mr. Timpson, members of the HPC present, that the ordinance be
redrafted in a more simple form. He
noted that in the ordinance the span of homes covered as historic are 50-60
years old and older and Mayor Pierson suggested that is not old enough to be
considered historic. He also would
like the HPC to revisit the proposal for a one-year delay in issuing a
demolition permit, suggesting 2-4 months.
Mr. Krieg agreed with Mayor Pierson, as did Mr. Phelan.
Mr. Nadaskay said the HPC has been working on this for some
time and what the proposed ordinance asks for is that the Planning Board and/or
Board of Adjustment send to that committee any changes proposed for properties
on the historic map. He said most
houses being demolished are not being done by residents but by those coming in
to make a profit and this ordinance, as proposed, would deter that.
Mayor Pierson said the governing body is interested in what
the HPC has to say but there is no support for a year long delay for a
demolition permit.
Mr. Nadaskay said the proof will come in future years when
more houses are knocked down and the character of the community is changed.
4. Resolution
R2004-112
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AWARDING CONTRACT FOR IMPROVEMENTS TO
COLD HILL ROAD
WHEREAS, the Township received a New Jersey Department of
Transportation’s Local Aid Program allotment of $150,000,00 for the milling
and resurfacing of Cold Hill Road; and
WHEREAS, the
Cold Hill Road
project is to be constructed under the Morris County Cooperative Pricing and
includes the following contractors:
1.
Tilcon New York Inc., Milling, Paving and Fabric Underliner
2.
Denville Line Painting Inc., Thermoplastic Line Stripping
3.
Wally Spergel Inc., Resetting Traffic Loops
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
Township
of
Mendham
, that contracts be awarded to the above named contractors for the improvements
to
Cold Hill Road
.
Mr. Krieg made a motion to adopt R2004-112; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
5. Resolution
R2004-113
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, APPOINTING JOHN D. LINSON TO THE POSITION OF TREE CONSERVATION OFFICER
WHEREAS, Section 23-5A of the Land Use Ordinance of the
Township
of
Mendham
establishes the position of Tree Conservation Officer; and
WHEREAS, the appointment to
the position of Tree Conservation Officer is an annual appointment by the
Township Committee; and
WHEREAS, The Tree Protection and Landscape Committee of the Township has
recommended that John D. Linson be appointed to the position of Tree
Conservation Officer.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, as follows:
1.
John D. Linson is hereby appointed to the position of Tree
Conservation Officer for the remainder of 2004.
2.
Compensation will be at the rate of $70 per hour plus mileage at
the current rate. The hourly and
mileage charges will commence upon arrival in the Township.
Mr. Krieg made a motion to adopt R2004-113; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
6. Resolution
R2004-114
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AMENDING THE 2004 SALARY RESOLUTION
WHEREAS, Resolution R2004-70, adopted by the Township Committee on
May 24, 2004
, established salaries for officers and employees of the
Township
of
Mendham
for 2004.
WHEREAS, the Township Committee has determined that an amendment to the
salary for the Chief of Police is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, effective
July 1, 2004
, the annual salary for the Chief of Police is hereby amended to read:
Name
Salary
Thomas J. Costanza
$105,025.00
Chief of Police
Mr. Krieg made a motion to adopt R2004-114; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
7. Ordinance
18-2004 – First
Reading
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.
Mr. Phelan clarified that this ordinance makes the funding
available, however, they still need a clear definition of what will take place.
Mr. Mountain said he has spoken with the architect,
Township Engineer and Township Environmental consultant and they will have plans
and reports by the next meeting of the Township Committee.
Mr. Phelan wanted clarification that the site plan, while
it will have the firehouse design on it for purposes of dealing with the DEP,
will not show any elements relative to the police headquarters and municipal
building. He asked if modification
to the site plan would be allowed after the DEP has given approval.
Mr. Mountain said that would be allowed.
He also said it is better to proceed with just the one element with the
master plan showing the whole project.
Mayor Pierson said he had a long discussion with the DEP
Commissioner and to let him know if there is any problems arranging a meeting
with that agency.
Mr. Phelan made a motion to adopt Ordinance 18-2004 upon
first reading with second reading and public hearing scheduled for
October 12, 2004
; Mr. D’Emidio seconded the
motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 18-2004 is attached hereto and made a
part hereof.
8. Discussion
Girl Scouts’ request for waiver of permit fees.
The Committee agreed to waive the permit fees for the construction
project at the Girl Scout Camp at Jockey Hollow.
The appropriate escrow fees must be provided.
9. Discussion
of proposed ordinance to prohibit commercial landscaping on Sundays
Mayor Pierson asked Mr. Clapp to comment.
Mr. Clapp compared an ordinance to limit hours of operation as opposed to
an actual noise ordinance that would require decibel readings for enforcement.
He said there are legal concerns about the distinction between who is
running machinery – commercial vendor or homeowner.
Mayor Pierson said that a noise ordinance requiring decibel readings is
cost prohibitive because of equipment that would be needed to register noise
decibels. Mr. Krieg suggested tying
the timeframe into sunset. Mr. Clapp
mentioned a similar case in
Montclair
that was not upheld in court. Mr.
D’Emidio recognizes that evening hours sometimes are the only times a property
owner has to cut the lawn. The
Committee asked Mr. Clapp to provide some examples of what other municipalities
have done to address this issue. Mr.
Clapp will provide examples prior to the next meeting.
10. Ordinance
19-2004 – First
Reading
ORDINANCE APPROVING RELOCATION OF DRAINAGE EASEMENT ON
BLOCK 100, LOT 34.04 IN THE
TOWNSHIP
OF
MENDHAM
Mr. D’Emidio made a motion to adopt Ordinance 19-2004
upon first reading with second reading and public hearing scheduled for
October 12, 2004
; Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 19-2004 is attached hereto and made a
part hereof.
11. The Raffle
application of the Ralston Ladies Auxiliary was approved.
ADMINISTRATOR REPORT
1. Mr. Mountain
presented a proposed schedule for capital budget meetings.
2. Mr. Mountain review several grant applications that he
has submitted: for improvements to India Brook Park, for the disposal bed
project and for the emergency communications improvement project.
Mr. Krieg asked if the Knollwood Trail improvements would be included in
any future grant applications. Mr.
Mountain replied that it would.
3. Mr. Mountain
reviewed a preliminary cost estimate prepared by the Township Engineer for
fields at India Brook Park. Mr.
Balut, Township Engineer, expressed concern regarding the number of fields
proposed in relationship to the area and the master plan.
Mayor Pierson suggested starting with 1 baseball and 1 soccer field.
The Committee also discussed approaching the soccer and baseball clubs
for contributions.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Chester Lions Club/Request to place advertising signs for event
2.
NJSLOM Mayors Fax Advisory (2)
3.
Assemblyman DeCroce/ACR 181
The Committee discussed a letter from Craig Anderson asking
for Township assistance with a problem of water from
Martins Lane
impacting his property. Mr.
Mountain said this is a Township project and he will be proposing funding in the
capital budget to remediate the problem. He
noted that the property owner is willing to grant an easement to create a small
detention basin.
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.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Pat Zimmerman,
West Main Street
: said letters to the Board of
Adjustment regarding the historic preservation ordinance are extremely helpful.
She referred to the discussion about the noise ordinance and said
generators are also quite noisy but important.
Marian Koste,
92 Ironia Road
: is looking for guidance for an
ongoing water/drainage problem impacting her property as a result of
construction on an adjacent property.
Mr. Mountain reported that he has visited Mrs. Koste’s property and
recognizes that there clearly is a problem that has become a municipal problem
with water channeled onto
Ironia Road
. He said there is a lack of a
formal drainage plan for the lot and the Morris County Soil Conservation has
been somewhat involved although they don’t have complete jurisdiction.
He said Mr. Heiney will issue a violation for the water flowing onto the
road.
Mrs. Koste emphasized that she would like this problem
fixed now before the property owner begins to build a new dwelling on the lot.
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
9:46 p.m.
Several police personnel matters
were discussed with Chief Costanza. Mr.
Mountain reviewed the India Brook Park diversion application and the India Brook
Park rental units. The Committee was
given an update on BPA negotiations. Mr.
Krieg briefed the Committee on the status of the Joint Library.
Mr. Krieg said Dr. Fehn has offered to give the Committee members a tour
of the construction project at the school.
There being no other matters to discuss, upon motion duly
made and seconded the Committee returned to open session.
Upon motion duly made and seconded the meeting adjourned at
11:04 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
| 
