December 15, 2003
REGULAR MEETING OF THE MAYOR AND COUNCIL
REVISED
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
i. The West Morris High School International Baccalaureate
Program members request permission to hold a fundraising
Frisbee Tournament at West Field on April 24, 2004
ii. The Mendham Fire Department requests the following
appointments be confirmed for the year 2004:
1. Thomas Berenbak be appointed Fire Chief
2. Michael Orgera be appointed Deputy Chief
3. Edward Tencza be appointed 1st Assistant Chief
4. Michael Bruin be appointed 2nd Assistant Chief
iii. The Mendham First Aid Squad requests the following
appointments be confirmed for the year 2004:
1. Barbara Nelson be appointed First Aid
Captain
2. Stephen Pontiakos be appointed First Aid
Lieutenant
3. David Murphy be appointed Quartermaster
4. Lauren Hodulich be appointed Assistant
Quartermaster
8. Minutes for Approval
i. Minutes of the October 6, 2003 Regular Meeting
ii. Minutes of the November 3, 2003 Regular Meeting
iii. Minutes of the December 1, 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 December 1, 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
iii. Ordinance 23-03 Recognizing the First Aid Squad of Mendham, Inc.
AGENDA (cont)
December 15, 2003
10. Resolutions
i. Resolution 200-03 Return of Performance Guarantee - Fenix
ii. Resolution 201-03 2004 Animal Control Contract St. Hubert's
Giralda
iii. Resolution 203-03 Special Item of Revenue
iv. Resolution 204-03 Balance Transfers
v. Resolution 205-03 Emergency Appropriation
vi. Resolution 206-03 Redemption of Tax Sale Certificate No. 2000-3
vii. Resolution 207-03 Soil Erosion Control Approval- Markham
viii. Resolution 208-03 Soil Erosion Control Approval- Bergstrom
ix. Resolution 209-03 Soil Erosion Control Approval- Wallace
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 202-03 Contract Negotiations - PBA
17. Adjournment
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 200-03
WHEREAS, Fenix Investment and Development posted a cash performance
guarantee for drywell improvements on Block 0201, Lot 12.01, Hidden Orchard Estates, in
the amount of $1,000.00; and
WHEREAS, Fenix Investment and Development posted a cash performance
guarantee for the installation of protection bars in connection with Hidden Orchard Estates,
in the amount of $2,500.00; and
WHEREAS, Fenix Investment and Development requested an inspection by
the Planning Board Engineer of the improvements completed to date; and
WHEREAS, the Planning Board Engineer performed an inspection and by
letter of November 25, 2003, attached hereto, recommended that the improvements be
accepted and the performance guarantees be released.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the
Borough of Mendham, in the County of Morris and State of New Jersey, as follows:
1.
That the cash guarantees currently on deposit with the Borough in the
amounts of $1,000.00 and $2,500.00 in connection with Hidden Orchard Estates be
returned to Fenix Investment and Development.
This resolution shall take effect immediately.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION
201-03
WHEREAS, the Borough of Mendham requires the services of a Small
Animal Control Officer; and
WHEREAS, the Borough has received a proposal from St. Hubert's Giralda
to perform these services at a total cost of $9,055.00 plus nighttime call outs at a rate of
$100.00 each; and
WHEREAS, St. Hubert's Giralda has satisfactorily performed these
services to the Borough of Mendham since 1988; and
WHEREAS, this contract may be awarded without formal bidding because
the annual contract price is less than the total sum established pursuant to N.J.S.
40A:11-3; and
WHEREAS, funds have been certified to be available for this purpose.
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 Mayor
and Clerk are authorized to execute an agreement, in a form acceptable to the Borough
Attorney, with St. Hubert's Giralda to provide Small Animal Control Services to the
Borough of Mendham for the period January 1, 2004 to December 31, 2004 at a total
cost of $9,055.00 plus nighttime call outs at a rate of $100.00 each, not to exceed
$9,500.00, including the cost of overnight pickups.
This Resolution shall take effect immediately.
BOROUGH OF MENDHAM
MORRIS COUNTY, JERSEY
RESOLUTION NO. 202-03
WHEREAS, it is necessary for the Mayor and Council of the Borough
of Mendham to discuss a matter relating to Contract Negotiations, 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.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 203-03
BE IT RESOLVED by the Mayor and Council of the Borough of Mendham,
Morris County, New Jersey as follows:
WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of
Local Government Services may approve the insertion of any special item of revenue
in the budget of any county or municipality when such items have been made
available by law and the amount thereof was not determined at the time of the
adoption of the budget; and
WHEREAS, said Director may also approve the insertion of an item of
appropriation for an equal amount; and
WHEREAS, the Borough of Mendham received $2,617.35 from the State of
New Jersey, Division of Motor Vehicles Drunk Driving Enforcement Fund and wishes
to amend its 2003 Budget to include this amount as revenue;
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the
Borough of Mendham hereby request the Director of the Division of Local
Government Services to approve the insertion of an additional item of revenue in the
2003 Budget in the sum of $2,617.35 which is now available from:
Miscellaneous Revenues Special Items of General Revenues
Anticipated with Prior Written Consent of the Director of Local Government
Services Public and Private Revenues Offset with Appropriations: Division
of Motor Vehicles Drunk Driving Enforcement Fund.
BE IT FURTHER RESOLVED that a like sum of $2,617.35 be and the same
is hereby appropriated under the caption of:
General Appropriations
(A) Operations Excluded from CAPS
Public and Private Programs Offset by Revenues
Division of Motor Vehicles Drunk Driving Enforcement Fund
BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of
this resolution to the Director of Local Government Services.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 204-03
WHEREAS, there appears to be insufficient funds in the following
accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to
meet the demands thereon for the balance of the current year: Municipal Court S/W, Fire
Related Services S/W, Social Security O/E, and Engineering O/E; and
WHEREAS, there appears to be a Surplus in the following accounts
(excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of
Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement
Fund, or Interest and Debt Redemption Charges) over and above the demand deemed to be
necessary for the balance of the current year: A and E S/W, Fire O/E, Electricity O/E, Aid to
Volunteer Ambulance O/E, Telephone O/E, Historic Preservation O/E, Recreation S/W, Tax
Collector O/E, Emergency Management O/E, Parks O/E, Building Inspection S/W, and
Senior Citizen Transportation O/E;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of
the Borough of Mendham, County of Morris, State of New Jersey, (not less than two thirds of
all the members thereof affirmatively concurring) that in accordance with the provisions of
N.J.S. 40A:4-58, part of the Surplus in the accounts heretofore mentioned are hereby
transferred to the accounts (excepting the appropriation for Contingent Expenses or
Deferred Charges) mentioned as having insufficient funds; and
BE IT FURTHER RESOLVED that the Treasurer is hereby authorized
and directed to make the following transfers:
FROM:
TO:
A and E S/W
301.00
Municipal Court S/W
301.00
Fire O/E
300.00
Fire Related Services S/W 300.00
Electricity O/E
2,000.00
Social Security O/E
2,000.00
Aid to Vol. Ambulance O/E 1,000.00
Social Security O/E
1,000.00
Telephone O/E
1,000.00
Social Security O/E
1,000.00
Historic Preservation O/E
1,200.00
Social Security O/E
1,200.00
Recreation
S/W 1,000.00
Engineering
O/E
1,000.00
Tax Collector O/E
500.00
Engineering O/E
500.00
Emergency Management O/E 500.00
Engineering O/E
500.00
Parks
O/E
2,000.00
Engineering
O/E
2,000.00
Bldg. Inspection S/W
1,000.00
Engineering O/E
1,000.00
Senior Citizen Transport.
1,000.00
Engineering O/E
1,000.00
Fire
O/E 1,000.00
Engineering
O/E
1,000.00
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 205-03
WHEREAS, an emergency has arisen in the Current Operating
Budget with respect to "Legal Services and Costs Other Expenses Fees" due to
unforeseen legal fees relative to personnel issues and potential litigation, a situation
that was neither forseen nor anticipated; and
WHEREAS, adequate provision was not made for the aforesaid
purpose; and
WHEREAS, N.J.S.A. 40A:4-46 provides for an emergency
appropriation under these circumstances; and
WHEREAS, the total amount of emergency appropriations made,
including the appropriation made by this resolution is $30,000.00, and three per cent
(3%) of the total operating appropriations in the budget for 2003 is $119,477.37.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of
the Borough of Mendham, County of Morris, and State of New Jersey, (not less than
two-thirds of all the members thereof affirmatively concurring) that in accordance with
N.J.S.A. 40A:4-48:
1. An emergency appropriation is hereby made for legal
expenses that were neither forseen nor anticipated.
2. That said emergency appropriation shall be provided for
in full in the 2004 budget.
3. That certified copies of this Resolution be filed with the
Director of the Division of Local Government Services.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 206-03
WHEREAS, the property at 4 Hampton Road, Block 1903 Lot 5, owned by
Joseph E. and Margaret L. Eible, was subject to Tax Sale for delinquent 1999 taxes;
and
WHEREAS, a lien on the property was sold to FUNB, C.T. for MD SASS II at
the Mendham Borough Tax Sale on June 14, 2000 as Tax Sale Certificate #2000-3;
and
WHEREAS, Wachovia Bank, N.A. (f/k/a/ First Union National Bank) serves as
Collateral Trustee for MD Sass II, and
WHEREAS, the property owner has requested to redeem the Tax Sale
Certificate; and
WHEREAS, the Tax Collector has calculated and the lien holder agrees that
the amount necessary to redeem the lien is $16,757.98; and
WHEREAS, the property owner has paid $16,757.98 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 $16,757.98 to Wachovia Bank--MD
Sass II in full satisfaction of redemption of Mendham Borough Tax Sale Certificate
#2000-3, Block 1903 Lot 5.
Wachovia Bank, N.A. (f/k/a FUNB)
Coll. Agt. for MD Sass II
$16,757.98
Attn: Julie Fabregas
123 S. Broad St., PA 1328S
Philadelphia, PA 19109
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 207 -03
WHEREAS, Dick and Susan Markham have submitted a plan entitled "Lot
Development Plan, Markham Property, Lot 19.05, Block 2201, Borough of Mendham,
Morris County, New Jersey", prepared by Gregory E. Yannaccone and dated July 30,
2003, revised November 7, 2003, (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 the revisions thereto and recommends that the Borough Council approve the
plan and 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 "Lot Development Plan, Markham Property, Lot
19.05, Block 2201, Borough of Mendham, Morris County, New Jersey", prepared by
Gregory E. Yannaccone and dated July 30, 2003, revised November 7, 2003, is
hereby approved.
2. Dick and Susan Markham 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.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 208 -03
WHEREAS, Daniel and Tamie Bergstrom have submitted a plan entitled "Plot
Plan, Lot 10.04, Block 2201" prepared by Stephen E. Parker, P.E., dated June 4,
2003, revised September 18, 2003 (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
the revisions thereto and recommends that the Borough Council approve the plan
and 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 "Plot Plan, Lot 10.04, Block 2201" prepared by
Stephen E. Parker, P.E., dated June 4, 2003, revised September 18, 2003, is
hereby approved.
2. The applicant 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.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION NO. 209-03
WHEREAS, Patric and Julie Wallace have submitted a plan entitled "Lot
Grading and Soil Erosion & Sediment Control Plan, Block 0501, Lot 14,
Mountainside Road, Borough of Mendham, Morris County, New Jersey", prepared by
Richard B. Schommer, Jr. and dated October 20, 2003, (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 the revisions thereto and recommends that the Borough Council approve the
plan and that the applicant deposit engineering inspection fees in the amount of
$250.00; 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 "Lot Grading and Soil Erosion &
Sediment Control Plan, Block 0501, Lot 14, Mountainside Road, Borough of
Mendham, Morris County, New Jersey", prepared by Richard B. Schommer, Jr. and
dated October 20, 2003, is hereby approved.
2.
The applicant shall deposit the sum of $250.00 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.
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" $5persheet 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"
$1.50per
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
1.1
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
$25per
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
$5per 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 al 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
C. 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 work-release
programs, or the recommendation of persons who
have supervised the applicant.
D. 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
ORDINANCE NO. 23- 2003
AN ORDINANCE OF THE BOROUGH OF MENDHAM,
COUNTY OF MORRIS, STATE OF NEW JERSEY TO
RECOGNIZE THE MENDHAM FIRST AID SQUAD, INC.
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. The Mendham First Aid Squad, Inc. is hereby recognized as the
organization providing emergency medical and first aid services to the citizens of the
Borough of Mendham which organization is eligible to receive funding and other support as
permitted by law from the Borough of Mendham.
SECTION 2. The Mendham First Aid Squad shall provide 24 hour
emergency medical services and first aid service to the residents of the Borough of
Mendham, and such service to other individuals pursuant to Mutual Aid Agreements as may
be in effect from time to time between the Mendham First Aid Squad and other emergency
first aid and rescue squads or as directed by the Captain of the First Aid Squad in his/her
discretion.
SECTION 3. The members of the Mendham First Aid Squad shall be
elected by the membership in accordance with the terms of their by-laws subject to the
approval of the Borough Council. The officers of the Mendham First Aid Squad shall be
elected by the membership in accordance with the terms of the by-laws. Each officer shall
serve for a term of one year. The Captain shall take an oath of public office at the annual
reorganization meeting of the Borough Council and serve for a term of one year from
January 1 or for the expiration of a year in the event that the election is made after January
1.
SECTION 4. Members of the Mendham First Aid Squad may be discharged
by the Borough Council after notice and a hearing for violation of the rules and regulations
promulgated and adopted by the Squad or for a violation of the by-laws of the First Aid
Squad.
SECTION 5. 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 6. If any section, subsection, sentence, clause or 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 7. This Ordinance shall take effect January 1, 2004 and upon
publication as required by law.