REVISED December 1, 2003 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 9, 2003 in accordance with the Open Public Meetings Act. 5. Roll Call: Mayor Richard Kraft Councilman Gerard Dolan Councilman Lawrence Haverkost Councilman Louis Garubo Councilman Stanley Witczak Councilman John Andrus Council President Neil Henry 6. Discussion Items - NONE 7. Actions to be Taken - NONE 8. Minutes for Approval i. Minutes of the October 6, 2003 Regular Meeting ii. Minutes of the October 20, 2003 Regular Meeting iii. Minutes of the November 17, 2003 Regular Meeting EXECUTIVE SESSION MINUTES TO BE APPROVED BUT NOT MADE PUBLIC UNTIL SUCH MATTERS ARE RESOLVED (Chapter 231 of the Public Laws of the State of New Jersey for 1975) iv. Minutes of the May 19, 2003 Executive Session v. Minutes of the June 16, 2003 Executive Session vi. Minutes of the September 2, 2003 Executive Session vii. Minutes of the September 15, 2003 Executive Session viii. Minutes of the November 17, 2003 Executive Session 9. Ordinances For Adoption i. Ordinance 21-03 - An Ordinance To Amend Chapter § 102-1, Fees, Of The General Ordinances Of The Borough Of Mendham ii. Ordinance 22-03 - An Ordinance Of The Borough Of Mendham, County Of Morris, State Of New Jersey To Require Pre-Service Criminal History Checks 10. Resolutions i. Resolution 195-03 – Redemption of Tax Sale Certificates 2001-1 & 2002-3 ii. Resolution 196-03 – Refund of 2003 4th Quarter Tax Overpayments iii. Resolution 197-03 – Bid Rejection and Contract Award for Phoenix House Exterior Restoration Project iv. Resolution 198-03 - Sewer Connection Approval – Wagner December 1, 2003 Regular Meeting of the Mayor and Council Agenda (cont.) 11. Administrators Report 12. Council Reports, Old & New Business 13. Mayor’s Items 14. Public Comment 15. Approval of Vouchers 16. Executive Session i. Resolution 199-03 – Executive Session 17. Adjournment BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE NO. 21-03 AN ORDINANCE TO AMEND CHAPTER 102, FEES, OF THE GENERAL ORDINANCES 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 102, Fees, § 102-1, Schedule of Fees, is hereby amended and supplemented with respect to Chapter 106, Fire Prevention, to read as follows: “§106-14H Certificate of Fire Code $35.00 Status Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance: Requests received more $35.00 than ten (10) business days prior to the change of occupant Requests received 4 to 10 $70.00 business days prior to the change of occupant Requests received fewer $125.00 than four business days prior to the change of occupant §106-14I Permit Fees established by the Uniform Fire Code Type of Permit Type I $ 42.00 Type II $166.00 Type III $331.00 Type IV $497.00” SECTION 2. Chapter 102, Fees, § 102-1, Fees, of the General Ordinances of the Borough of Mendham is hereby amended and supplemented by the addition of §102-3, entitled “Fees for Copies of Public Documents” to read as follows: “§102-3 FEES FOR COPIES OF PUBLIC DOCUMENTS . All persons seeking to inspect, examine or copy a public record of the Borough shall make application in writing to the Borough Clerk, during regular business hours. The request shall be hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the Borough Clerk. All requests for public records shall be as specific as possible, including the type of record and date created, if known. Copies of records may be obtained for the fee prescribed by law or regulation. If a fee is not prescribed by law or regulation, the fee shall be the actual cost of duplicating the record, provided, however, that where the actual cost for duplication of a record exceeds the rates below, the actual cost shall be imposed. A. Duplication of Printed Records Fee (1) Photocopied documents (General Records, email, and press proofs if available) a. All records in printed form, legal or letter size pages 1-10 $0.75 per page pages 11-20 $0.50 per page pages 21 and over, $0.25 per page unless otherwise specified by law b. Certification of a copy $0.50 per copy (2) Maps a. Zoning Map, 17”x 21” $5 per sheet b. Borough Map, 24” x 36” $5 per sheet or cost to Borough c. Tax Maps, 24” x 36” $5 per sheet d. Tax Maps, 11” x 17” $3 per sheet e. Other maps, 24” x 36” $5 per sheet f. Other maps, larger than 24” x 36” $1.50 per square foot or cost to Borough g. Contour maps (as available): $30 each h. GIS parcel map $100 per map i. Full set of Tax Maps $150.00 (3) Tax Records a. Duplicate tax bills, first $5 Each subsequent duplicate tax bill $25 b. Duplicate tax sale certificate $100 (4) Police Records a. Copies of motor vehicle accident reports As set forth in (1) Above b. Incident verification letter: $5 (5) Pamphlets/Reports a. Master Plan: $20 each b. Environmental Resource Inventory: $25 each c. Master Plan Reexamination Report: $10 each d. Land Use & Zoning Ordinance $30 each (6) Code for the Borough of Mendham a. Current hardcover copy: $ 125 each b. Supplementation as prepared by the General Code Publishers Corp: $ 20 each (7) Certified Copies a. Marriage, birth, and death certificates: $5 each B. Electronic records Fee (1) Audiotape reproduction of public meeting $25 (2) Conversion of paper record to electronic form $1 per page or conversion of electronic files from one software product to another (3) Audiotape of police communications – tape $15 per tape - disk or CD $25 per disk/CD (4) Copies of video tapes associated with Court Discovery $25 per tape (5) Computer generated records $1per printout/screen (6) Records on disk or CD CD-to-CD or disk-to-disk reproduction $5 per disk/CD (7) Digital photographs $5 per photo C. Special Service Charges (1) Where the nature, format, manner of collation or volume of printed matter is such that it cannot be reproduced by ordinary document-copying equipment in ordinary business size or where such record requires an extraordinary expenditure of time and effort to accommodate a request for inspection or copying of documents, a special service charge shall be imposed, in addition to the actual costs of duplicating the record. A special service charge will also be applied when the custodian changes the medium in which the record is normally kept in order to comply with the request. (2) The special service charge shall be paid to the Borough of Mendham at the following rates: a. For all services performed by employees of the Borough, the actual hourly rate of compensation for each clerical and supervisory employee performing the service plus the copying or reproduction cost and actual mailing cost, when applicable. b. For all services performed by the Borough’s paid professional consultants, the rate paid by the Borough for said services. c. The requestor shall have the opportunity to review and object to the special service charge prior to the production of documents. D. Postage will be added to the fee for records requested by mail. E. All fees must be paid prior to the release of any copies. The custodian of the records may require a deposit of all or part of the fee prior to copying or producing any documents for inspection where it is estimated that the records requested will cost in excess of $5 to reproduce. F. For reasons of security, the use of a floppy disk, CD, videotape or audiotape provided by the requestor is prohibited. All electronic reproduction materials shall be supplied by the Borough of Mendham. G. If the request for access to a government record would substantially disrupt municipal operations, the custodian of the records may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the municipality. H. In the event that the requestor of the documents objects to any charges permitted by this article and no resolution of the objection may be reasonably accomplished, the custodian of records shall not incur any charges on behalf of the Borough to fulfill the document request. I. Nothing in this section or any other ordinance of the Borough shall be construed as requiring the Borough of Mendham to furnish copies of any privileged documents or other documents which have been determined to be exempt from the requirements of the Open Public Records Act or otherwise non-disclosable in accordance with any provision of law.” SECTION 3. Chapter 102, Fees, §102-1, Schedule of Fees, Chapter 38, Police Department, is hereby repealed. SECTION 4. All Ordinances of the Borough, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency. SECTION 5. 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 6. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE NO. 22 - 2003 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY TO REQUIRE PRE-SERVICE CRIMINAL HISTORY CHECKS FOR ALL APPLICANTS TO THE VOLUNTEER FIRE DEPARTMENT AND FIRST AID SQUAD, AND FOR POSITIONS THAT REGULARLY INVOLVE WORK OR CONTACT WITH MINOR, ELDERLY OR INFIRM RESIDENTS, PARTICIPATION IN INSPECTIONS OR INVESTIGATIONS ON PRIVATE PROPERTY, OR REQUIRE THE COLLECTION AND HANDLING OF MUNICIPAL FUNDS AND TO ESTABLISH THE CRIMINAL HISTORY CHECK PROCESS, CRITERIA AND APPEALS PROCEDURE FOR SAID POSITIONS. WHEREAS, N.J.A.C. 13:59-1.2 authorizes the State Bureau of Identification to provide criminal history checks to governmental entities of this State for employment purposes; and WHEREAS, the Borough Council has determined that the interests and welfare of the residents of the Borough of Mendham will be served by requiring criminal history checks for all applicants for volunteer positions with the Fire Department and First Aid Squad and for all positions that regularly involve work or contact with minor, elderly or infirm residents, participation in inspections or investigations on private property, or require the collection and handling of municipal funds; and WHEREAS, the Borough Council wishes to establish the process and criteria for said criminal history checks for such applicants. NOW, THEREFORE, 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 20, Fire Department, Section 20-6, Membership; election; first company, is hereby amended and supplemented by the addition of Paragraph C. to read as follows: “C. All applicants for membership in the Fire Department of the Borough of Mendham and any additional fire companies which may hereafter be established, shall be required to submit to criminal history checks prior to commencing service with the Fire Department in accordance with Section 4 of this Ordinance prior to commencing service.” SECTION 2. All applicants for volunteer positions with the Mendham First Aid Squad and any additional first aid squads or companies which may hereafter be established to serve the Borough of Mendham, shall be required to submit to criminal history checks prior to commencing service in accordance with Section 4 of this Ordinance prior to commencing service.” SECTION 3. Applicants for positions that regularly involve work or contact with minor, elderly or infirm residents, participation in inspections or investigations on private property, or require the collection and handling of municipal funds shall be required to submit to a criminal history check in accordance with Section 4 of this Ordinance prior to commencing service.” SECTION 4. Criminal history checks. A. Paid Positions. (1) Pre-employment and pre-transfer criminal history checks will be required for all applicants for paid positions with the Borough or any local agency, board, commission or department thereof, that regularly involve work or contact with minor, elderly or infirm residents, inspections or investigations conducted on private property, or the collection and handling of municipal funds. (2) Process. Applicants for the paid positions set forth above must consent to a criminal history check to be conducted through the State Bureau of Investigation. The Borough shall cover the cost of the criminal history check. Such applicants shall fully complete Form SBI-212B (available at the Borough Clerk’s office) and return said Form to the Borough Clerk of the Borough of Mendham. Applicants who fail to submit the required Form SBI-212B or otherwise refuse to consent to or cooperate in securing a criminal history check shall not be considered for appointment B. Volunteer Positions. (1) Pre-service criminal history checks will be required for all applicants for volunteer positions with the Fire Department and First Aid Squad. (2) Process. Applicants for the volunteer positions set forth above must consent to a criminal history check to be conducted through the State Bureau of Investigation. There shall be no charge for the criminal history check. Such applicants shall provide a copy of their application with the volunteer organization to the Office of the Chief of Police of the Borough of Mendham. Applicants who fail to submit the application or otherwise refuse to consent to or cooperate in securing a criminal history check shall not be considered for appointment D. Criteria for Evaluation and Recommendation. The Chief of Police of the Borough of Mendham, with regard to volunteers, and the Borough Administrator, with regard to applicants for paid positions, shall receive and review the results of the criminal history checks. The Borough Administrator shall recommend either approval or disapproval of each applicant for employment to the Borough Council and the Chief of Police shall recommend either approval or disapproval of each applicant for a volunteer position to either the applicable Membership Committee or to the Borough Council, as the case may be, within thirty (30) days. The Borough Administrator or the Chief of Police, as applicable, shall provide a written explanation for each recommendation of disapproval in writing to the Borough Council or to the applicable Membership Committee, and shall forward a copy to the applicant. When reviewing a record with one or more convictions, the Borough Administrator or the Chief of Police, as applicable, shall consider the following: (1) The nature and responsibility of the applicant's prospective position; (2) The nature and seriousness of the offense; (3) The circumstances under which the offense occurred; (4) The date of the offense; (5) The age of the applicant when the offense was committed; (6) Whether the offense was repeated; (7) Social conditions which may have contributed to the offense; and (8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational education, successful participation in correctional workrelease programs, or the recommendation of persons who have supervised the applicant. E. Appeal. An applicant receiving a recommendation of disapproval from the Borough Administrator or the Chief of Police, as applicable, may appeal by submitting a letter explaining the basis for his or her appeal to the Borough Council if for employment, or the applicable Membership Committee or Borough Council, as the case may be, if for a volunteer position. Such an appeal must be made within twenty (20) days of the applicant’s receipt of written notice of the recommendation of disapproval. If the applicant challenges the accuracy of the conviction information obtained by the criminal history check, he or she shall be afforded a reasonable period of time to attempt to correct the record. If the applicant merely challenges the propriety of the Borough Administrator’s or Chief of Police’s recommendation, the Borough Council or the applicable Membership Committee shall promptly review the appeal and shall notify the applicant within thirty (30) days of their determination. If no action is taken by the Council or the applicable Committee within thirty (30) days of such an appeal, the recommendation of disapproval from the Borough Administrator or the Chief of Police shall be deemed affirmed.” SECTION 5. All Ordinances of the Borough of Mendham that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 6. If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 7. This Ordinance may be renumbered for codification purposes. SECTION 8. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY RESOLUTION 195-03 WHEREAS, the property at 16 Maple Avenue, Block 406 Lot 13, owned by George Kyriakopoulis, was subject to Tax Sale for delinquent tax and sewer fees from 2000 and 2001; and WHEREAS, two liens on the property were sold: 1) Tax Sale Certificate #2001-1 was sold to FUNB, C.T. MD SASS II at Mendham Borough Tax Sale on October 18, 2001; and 2) Tax Sale Certificate #2002-3 was sold to Wachovia--Coll. Agt./SASS Muni IV DTR at Mendham Borough Tax Sale on October 17, 2002; and WHEREAS, the property owner has requested to redeem both Tax Sale Certificates; and WHEREAS, the Tax Collector has calculated and the lien holder agrees that the amounts necessary to redeem the liens are $5,153.86 (#2001-1) and $20,206.09 (#2002-3), or a total of $25,359.95; and WHEREAS, the property owner’s agent has paid $25,359.95 to the Borough of Mendham. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, and State of New Jersey, that the Treasurer be authorized to issue a check in the amount of $25,359.95 to Wachovia—Coll. Agt./SASS Muni IV DTR, in full satisfaction of redemption of Mendham Borough Tax Sale Certificates #2001-1 and #2002-3, relative to Block 406 Lot 13. Wachovia Bank, N.A. (f/k/a FUNB) $25,359.95 Coll. Agt./SASS Muni IV DTR 123 South Broad Street, PA 1328S Philadelphia, PA 19109 BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY RESOLUTION 196-03 WHEREAS, Fourth Quarter 2003 property taxes were overpaid on several properties in Mendham Borough, as follows: Block/Lot Overpayment Property Location 201/26 1,857.57 71 West Main Street 501/14 1,546.89 130 Mountainside Road 703/8 1,973.40 4 Sterling Avenue 705/24 2,290.15 14 Forest Drive 1704/10 1,665.23 3 Leddell Road 1801/8 2,032.03 3 Linden Lane 2001/16.03 5,825.82 5 Chestnut Glen Court 2401/2 3,963.96 1 County Line Road WHEREAS, proof has been presented to determine who made the payments; and WHEREAS, it has been determined that the overpayments should be refunded to the property owners or to the firms conducting the sale or refinancing for apportionment to the appropriate parties; and WHEREAS, the owners and respective firms have requested that the overpayments be returned. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, State of New Jersey, that the Borough Treasurer issue checks in the amounts listed and to the parties listed below for refund of property tax overpayments. Michael & Cathyann McGrath $1,857.57 C/O Victoria A. Mondelli 44 Elm Street Morristown, NJ 07960 Patric & Julie Wallace $1,546.89 130 Mountainside Road Mendham, NJ 07945 Barbara A. Bruin $1,973.40 4 Sterling Avenue Mendham, NJ 07945 Richard & Leonora Hansen $2,290.15 P O Box 518 Mendham, NJ 07945 Kailas S. Parekh $1,665.23 3 Leddell Road Mendham, NJ 07945 Mark & Cecelia Decker $2,032.03 Nichols, Thomson, Peek & Phelan, C/O W. Foley P O Box 2038 Westfield, NJ 07091 Robert & Beatrice Mastracchio $5,825.82 5 Chestnut Glen Court Mendham, NJ 07945 Cambridge Land Transfer $3,963.96 Attn: Yvette Speranza 303 Millburn Avenue Millburn, NJ 07041 BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY RESOLUTION NO. 197-03 WHEREAS, the Borough advertised for proposals for the Phoenix House Exterior Restoration Project; and WHEREAS, bids were received from three pre-qualified bidders; and WHEREAS, American Landmark Restoration Corporation submitted the lowest proposal, which proposal must be rejected for failure to submit a list of principal subcontractors; and WHEREAS, Schtiller & Plevy, Newark, New Jersey submitted the lowest responsive proposal in the amount of $589,750.00, which proposal is attached hereto as Exhibit A; and WHEREAS, the Borough Council wishes to award a contract to Schtiller & Plevy, Newark, New Jersey, in accordance with the proposal attached hereto as Exhibit A. WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Mendham, in the County of Morris, and State of New Jersey, as follows: 1. A contract for the Phoenix House Exterior Restoration Project is hereby awarded to Schtiller & Plevy, Newark, New Jersey, for the sum of $589,750.00, in accordance with the terms of Schtiller & Plevy’s proposal dated November 13, 2003. 2. This Resolution shall take effect immediately. BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY RESOLUTION NO. 198-03 WHEREAS, Gail Wagner has applied for a sewer connection permit for a retail children’s store in an existing structure located on property designated as Lot 38 in Block 301, which is also known as 13 West Main Street. This portion of the structure was previously used as a gift shop and is currently connected to the sewer collection system; and WHEREAS, the use of this portion of the existing structure for a retail children’s store will not result in an increase in the sewerage flow generated by the subject property; and WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the application, and has recommended the approval of the connection; and WHEREAS, based upon the information submitted by the applicant under date of October 30, 2003, the application meets the requirements of Subsection 168-47(B)(1)(b) of the Borough Code. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, in the County of Morris and State of New Jersey, that the aforesaid application be approved, subject to the following: compliance with Section 168- 49 of the Borough Code, requiring water-saving fixtures; the flow not exceeding 90 gpd; and Planning Board approval, if required. This Resolution shall take effect immediately, but the approval hereby granted shall be subject to revocation if the flow standard as projected is exceeded in actual use. BOROUGH OF MENDHAM MORRIS COUNTY, JERSEY RESOLUTION NO. 199-03 WHEREAS, it is necessary for the Mayor and Council of the Borough of Mendham to discuss a matter relating to Personnel, which matter is permitted by Section 7.b. of the Open Public Meetings Act (Chapter 231 of the Public Laws of the State of New Jersey for 1975) to be discussed in closed session in the absence of the public; and WHEREAS, the Mayor and Council of the Borough of Mendham has determined that it is necessary in the public interest that the matter in fact be discussed in closed session, and has estimated that, as nearly as can now be ascertained, the results of the discussion can be disclosed to the public at the following time and under the following circumstances: when the matter is resolved NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, in the County of Morris and State of New Jersey that the public be excluded from the ensuing portion of this meeting, during which only the aforestated matter will be discussed. |