June 21, 2004
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
1. Call To Order
2. Invocation and Flag Salute
3. Mayor's Opening Statement:
4. Notice of this meeting of the Mayor and Council of the Borough of Mendham was
published in the Observer Tribune and the Morris County Daily Record, and was posted
on the Phoenix House bulletin board on January 15, 2004 in accordance with the Open
Public Meetings Act.
5. Roll Call:
Mayor
Richard
Kraft
Councilman Gerard Dolan
Councilman Lawrence Haverkost
Councilman Louis Garubo
Councilman Neil Henry
Councilman John Andrus Council President Stanley Witczak
Student Representative Kristen Badal
6. Discussions
a. India Brook Park Bridal Path
b. Field Haying Water Reclamation Facility
7. Consent Agenda
a. Resolution 105-04 Christie Soil Erosion Plan Approval
b. Resolution 106-04 - Authorization to Execute Green Acres Project Agreement
8. Ordinance Introductions
a. Ordinance 14-04 - An Ordinance Of The Borough Of Mendham, County Of
Morris, And State Of New Jersey To Amend Chapter 106, Fire Prevention, Of
The Code Of The Borough Of Mendham
b. Ordinance 15-04 An Ordinance Amending Ordinance 08-01 Entitled "An
Ordinance Concerning Salaries, For Officers And Employees Of The Borough Of
Mendham
9. Actions to be Taken
a. Resolution 107-04 Public Works Salaries
10. Administrators Report
11. Council Reports, Old & New Business
12. Mayor's Items
13. Public Comment
14. Approval of Vouchers
15. Adjournment
Items on the Consent Agenda are consider routine and will be acted upon by the Borough Council by a single vote
unless a member of the public, the Borough Council or the Mayor request that an item be removed and considered
separately.
Agenda Item 7
Consent Agenda
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 105-04
WHEREAS, Todd Christie has submitted a soil erosion control plan entitled
"Driveway Relocation Plan for Lot 1, Block 2401, Bernardsville Road, Tax Map Sheet
#24, Borough of Mendham Borough, Morris County, New Jersey" consisting of one
sheet, dated May 21, 2004, prepared by Aidan T. Murphy, PE of Murphy & Hollows
Associates, Inc. (" the "Plan"), to the Borough Council for approval; and
WHEREAS, in accordance with Ord. Sec 179-3B, the Planning Board has
reviewed the Plan and has recommended that the Borough Council approve the Plan;
and
WHEREAS, the Borough Engineer, Paul Ferriero, has reviewed the Plan and
recommends that the applicant deposit engineering inspection fees in the amount of
$500.00; and
WHEREAS, the Borough Council has reviewed the Plan, and the
recommendations of the Planning Board and the Borough Engineer and has found the
Plan to conform to the requirements of Chapter 179 of the Code of the Borough of
Mendham.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough
of Mendham, County of Morris, and State of New Jersey, as follows:
1. The Soil Erosion Plan entitled "Driveway Relocation Plan for Lot 1, Block 2401,
Bernardsville Road, Tax Map Sheet #24, Borough of Mendham Borough, Morris
County, New Jersey" consisting of one sheet, dated May 21, 2004, prepared by
Aidan T. Murphy, PE of Murphy & Hollows Associates, Inc., is hereby approved.
2. Todd Christie shall deposit the sum of $500.00 by certified check with the
Borough for inspection fees prior to the commencement of any construction.
3. The work being done pursuant to this approval shall be in accordance with the
requirements of Chapter 179 of the Code of the Borough of Mendham and
inspected by the Borough Engineer.
4. Todd Christie shall provide the Township Engineer, Paul W. Ferriero, PE with 48
hours notice prior to the start of work on the site.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 106-04
WHEREAS, the New Jersey Department of Environmental Protection, Green Acres
Program ("State"), provides loans and/or grants to municipal and county governments and
grants to nonprofit organizations for assistance in the acquisition and development of lands for
outdoor recreation and conservation purposes; and
WHEREAS, the Borough of Mendham desires to further the public interest by obtaining
a grant of $400,000 from the State to fund the following project(s): Mendham Borough Open
Space Program.
NOW, THEREFORE, the governing body/board resolves that Ralph E. Blakeslee, III or
the successor to the office of Borough Administrator is hereby authorized to:
(a)
make application for such a loan and/or such a grant
(b)
provide additional application information and furnish such documents as may be
required
(c)
act as the authorized correspondent of the above named applicant, and
WHEREAS, the State shall determine if the application is complete and in conformance
with the scope and intent of the Green Acres Program, and notify the applicant of the amount of
the funding award; and
WHEREAS, the applicant is willing to use the State's funds in accordance with such
rules, regulations and applicable statutes, and is willing to enter into an agreement with the
State for the above named project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE
BOROUGH OF MENDHAM:
1.
That the Mayor Richard Kraft of the above named body or board is hereby
authorized to execute an agreement and any amendment thereto with the State
known as project name Mendham Borough Open Space Program, and;
2.
That the applicant has its matching share of the project, if a match is required, in the
amount of $400,000
3.
That, in the event the State's funds are less than the total project cost specified
above, the applicant has the balance of funding necessary to complete the project,
and;
4.
The applicant agrees to comply with all applicable federal, state, and local laws,
rules, and regulations in its performance of the project.
That this resolution shall take effect immediately.
Agenda Item 8
Ordinance Introductions
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE NO. 14- 04
AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY
OF MORRIS, AND STATE OF NEW JERSEY TO AMEND
CHAPTER 106, FIRE PREVENTION, OF THE CODE OF THE
BOROUGH OF MENDHAM
BE IT ORDAINED, by the Borough Council of the Borough of Mendham, in the County of
Morris, and State of New Jersey as follows:
SECTION 1. Chapter 106, Fire Prevention, Section 106.2, Agency Designation, of the
Code of the Borough of Mendham, is hereby amended to read as follows:
"106.2 Agency Designation.
A.
The local enforcing agency shall be the Mendham Borough Fire Department
through its Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire
Prevention shall hereinafter be known as the local enforcing agency.
B.
The Bureau of Fire Prevention shall be composed of the Fire Official/Fire
Marshal, inspectors and such other support personnel as necessary to enforce the Uniform Fire
Code. The Fire Official/Fire Marshal shall be appointed by the Borough Council. The Fire
Official/Fire Marshall may recommend to the Borough Council that the Borough Council employ
technical investigators if the same be needed.
C.
The Bureau of Fire Prevention shall submit a monthly report to the Borough
Council."
SECTION 2. Chapter 106, Fire Prevention, Section 106.4, Organization, of the Code of the
Borough of Mendham, is hereby amended to read as follows:
"106.4 Organization.
A.
The Bureau of Fire Prevention established by §106-2 shall be under the
direct supervision and control of the Fire Official/Fire Marshal who shall report to the Borough
Administrator.
B.
The Bureau of Fire Prevention shall have a paid fire official and as many
paid inspectors as are necessary to properly enforce the Uniform Fire Code."
SECTION 3. Chapter 106, Fire Prevention, Section 106.7, Non Life Hazard Uses, of the
Code of the Borough of Mendham, is hereby amended to read as follows:
"106.7 Non Life Hazard Uses. Non-Life Hazard Uses. In addition to the
registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register
with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay
an annual fee as set forth below.
USE ANNUAL
FEE
A. Assembly Use Group
A-1 Eating establishment under 50
$ 50.00
A-2 Take-out food service (no seating)
$ 50.00
A-3 Houses of worship not exclusively used for $ 50.00
religious purposes
A-4 Recreation centers, multipurpose, Etc.
$ 75.00
(fewer than 50)
A-5 Court rooms, library, fraternal organizations, $ 75.00
condominium centers (fewer than 50)
A-6 Senior centers (fewer than 50)
$ 75.00
B. Business Use Group
B-1 Professional use one and two story
$ 50.00
(less than 5,000 square feet)
B-2 One and two story
$ 75.00
(more than 5,000 square feet and
less than 12,000 square feet)
B-3 One and two story (more
$100.00
than 12,000 square feet)
B-4 Three to five story
$100.00
(less than 5,000 square feet)
B-5 Three to five story
$150.00
(more than 5,000 square feet and
less than 12,000 square feet)
B-6 Three to five story (more
$200.00
than 12,000 square feet)
C. Retail/Mercantile Use Group
M-1 One and two story
$125.00
(less than 5,000 square feet)
M-2 One and two story
$150.00
(more than 5,000 square feet and
less than 12,000 square feet)
M-4 Three to five story
$200.00
(less than 5,000 square feet)
M-5 Three to five story
$225.00
(more than 5,000 square feet and
less than 12,000 square feet)
D. Manufacturing/Factory Group
F-1 One and two story
$100.00
(less than 5,000 square feet)
F-2 One and two story
$125.00
(more than 5,000 square feet and
less than 12,000 square feet)
F-4 Three to five story
$175.00
(less than 5,000 square feet)
F-5 Three to five story
$200.00
(more than 5,000 square feet and
less than 12,000 square feet)
S. Storage Use Group
S-1 One and two story
$ 75.00
(less than 5,000 square feet)
S-2 One and two story
$125.00
(more than 5,000 square feet and
less than 12,000 square feet)
S-4 Three to five story
$175.00
(less than 5,000 square feet)
S-5 Three to five story
$200.00
(more than 5,000 square feet and
less than 12,000 square feet)
R. Residential Use Group
R-1 1 to 2 units
See §106.7B
R-2 3 to 6 units
See §106.7G
R-3 7 to 12 units
See §106.7G
R-4 13 to 20 units
See §106.7G
R-5 Over 20 units
See §106.7G
U. Utilities Use Group
U-1 Under 2,500 square feet
$100.00
U-2 2,500 and over square feet
$125.00
E. Common Areas Use Group
E-1 One and two story (less than 5,000
$ 75.00
square feet)
E-2 One and two story(more than 5,000
$100.00
square feet andless than 12,000 square feet)
E-3 One and two story (more than 12,000
$125.00
square feet)
E-4 Three to five story (less than 5,000 square $125.00
feet)
E-5 Three to five story(more than 5,000
$150.00
square feet andless than 12,000 square feet)
E-6 Three to five story (more than 12,000
$200.00
square feet)
B. R-1 fees shall be as set forth in the Uniform Fire Code, N.J.A.C. 5:70-2.9(d).
C. Uses not classified above that are subject to the Uniform Fire Code shall be
classified as business uses.
D. Uses required to register with the state as life-hazard uses shall not be
required to register under this section.
E.
In the discretion of the Fire Official/Fire Marshal vacant buildings which
create a fire hazard shall be charged and inspected according to the previous use
of the building.
F. Borough-owned buildings, buildings owned and occupied by municipal fire
companies and/or rescue squads, buildings owned and occupied by nonprofit
religious organizations that are used solely for religious purposes and buildings
owned and occupied by nonprofit organizations used solely for nonprofit
purposes shall be exempt from inspection fees.
G. All residential uses except R-1 uses shall be inspected in the common areas
only and the fees established for the Common Areas Use Group shall apply."
SECTION 4. Chapter 106, Fire Prevention, Section 106.8, Permits, of the Code of the
Borough of Mendham, is hereby amended to read as follows:
"Section 106.8 Permits. The permit fees established by the Uniform Fire Code
shall be as set forth in the Uniform Fire Code. "
SECTION 5. Chapter 106, Fire Prevention, Section 106.2, Agency Designation, of the
Code of the Borough of Mendham, is hereby amended in its entirety to read as follows:
"106.11 Enforcement, Violations and Penalties. Enforcement, violations and
penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code
and all other laws of the State of New Jersey."
SECTION 6. All Ordinances of the Borough of Mendham, which are inconsistent with
the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency.
SECTION 7. If any section, subsection, sentence, clause of phrase of this Ordinance is
for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining
portions of this Ordinance.
SECTION 8. This Ordinance shall take effect immediately upon final passage,
approval, and publication as required by law.
SECTION 9. This Ordinance may be renumbered for codification purposes.
ATTEST:
APPROVED:
Ralph E. Blakeslee, III, RMC
Richard G. Kraft, Mayor
Acting Borough Clerk
MENDHAM BOROUGH
MORRIS COUNTY, NEW JERSEY
ORDINANCE
15-04
AN ORDINANCE AMENDING ORDINANCE 08-01 ENTITLED "AN ORDINANCE
CONCERNING SALARIES, FOR OFFICERS AND EMPLOYEES OF THE BOROUGH
OF MENDHAM"
BE IT ORDAINED by the Mayor and Council of the Borough of Mendham in
the County of Morris, State of New Jersey, as follows:
SECTION
1. Section 1 of Ordinance 08-01, entitled "An Ordinance Concerning
Salaries for Officers And Employees of The Borough of Mendham" is hereby amended
with respect to the designated positions only to read as follows:
Salary
Minimum Maximum
CLASS I - GENERAL GOVERNMENT
Construction Code
Building Inspector and
Building Sub Code Official
$30,000.00
80,000.00
per annum
Construction Code Technical Assistant
$10.00
25.00
per hour
SECTION
2. The salaries set forth above with ranges will be established by
resolution upon adoption of this Ordinance and any changes of circumstances resulting
during the year with respect to those salaries having ranges can be changed by resolution
properly adopted by the Borough Council.
SECTION
3. The salaries and wages hereinabove set forth shall be in lieu of
any and all fees to which the respective incumbents of said offices and positions might
otherwise be entitled by statute or ordinances, which fees shall immediately upon collection
thereof be paid to the Treasurer for the use of the Borough.
SECTION
4. The salaries and wages hereinabove set forth shall be paid in
equal installments in such manner as heretofore or hereafter may be determined by the
Finance Committee of the Borough Council.
SECTION
5. All ordinances or parts of ordinances inconsistent herewith are
hereby repealed to the extent of such inconsistencies.
SECTION
6. This ordinance shall take effect as provided for by law.
Introduced: June 21, 2004
__________________________
Richard
G.
Kraft,
Mayor
ATTEST:
_____________________________
Ralph E. Blakeslee, III, RMC
Acting Borough Clerk
Agenda Item 9
Action to Be Taken
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 107-04
WHEREAS, Salary Ordinance 8-01 has been adopted, as amended by
the Mayor and Council of the Borough of Mendham;
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the
Borough of Mendham, County of Morris, and State of New Jersey, that the following
salaries are established and effective as of July 1, 2004:
CLASS II - PUBLIC WORKS
Roads, Buildings, Grounds, Parks
Asst. Superintendent of Public Works P. Nelson
$59,500.00
Foreman Roads W. Taquinto
$40,000.00
Skilled Labor/Operator Orgera, R
$44,500.00
Document Outline