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MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

November 25, 2003

Mayor Pierson called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL Present:           Mayor Pierson, Mr. Phelan, Mr. Schrier

 (arrived at 8:43 p.m. ), Mr. D’Emidio, Mr. Krieg

                                                 Absent:         

                                     Also Present:            Roger S. Clapp, Esq., Township Attorney

                                                                        Steven Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Pierson read the following statements:

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 16, 2003; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 16, 2003.”

STATEMENT OF EMERGENCY EVACUATION PROCEDURE: “In case of an emergency requiring the evacuation of this room there are two emergency exit doors along the side that you entered. In the foyer you may then either exit down the open stairwell to the exterior or enter the enclosed stairwell and exit at the bottom. Then please move away from the building until instructed that it is safe to re-enter.”

Mayor Pierson asked Mr. Mountain for the status of the alterations that necessitate the reading of the Statement of Emergency Evacuation Procedure. Mr. Mountain explained that the door closures have been ordered and will be installed when received.

APPROVAL OF MINUTES – November 10, 2003 – to be held for next meeting

OLD BUSINESS

1. Ordinance 25-2003 – Second Reading and Public Hearing

an ordinance of the township of mendham providing for the purchase of a 4wd vehicle for the mendham township police department by the township and appropriating $26,000 from capital surplus

Upon motion duly made and seconded the meeting was opened to the public. No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

Mr. Phelan made a motion to adopt Ordinance 25-2003; Mr. Krieg seconded the motion.

ROLL CALL – Mr. Krieg, Mr. Phelan, Mr. D’Emidio and Mayor Pierson voted YES.

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public. No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

NEW BUSINESS

1. Discussion of Emergency Communications Study Proposal – Mr. Mountain explained that a proposal is not necessary, as the contractor has agreed to do the additional request under the existing contract. The contractor has indicated that the study will be ready for presentation to the Township Committee after December 8th. The Committee set December 15th at 5:00 p.m. for a special meeting to hear the presentation.

2. Resolution R2003-111

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 R2003-111; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

3. Resolution R2003-112 – to be held for clarification of costs.

4. Resolution R2003-113

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58

            WHEREAS, there appears to be insufficient funds in the following 2003 appropriations to meet the demands thereon for the balance of the year:

                        TO:      Finance                                   SW

                                    Data Processing                     OE

                                    Assessor                                 SW

                                    Legal                                       SW

                                    Legal                                       OE

                                    Planning Board                       OE

                                    Board of Adjustment               SW

                                    Insurance                                OE      

                                    Health Insurance                     OE
                                    Police                                      SW

                                    Public Works                          SW

                                    Board of Health                       SW

                                    Electricity                                OE

                                    Phone                                      OE

                                    Gasoline                                  OE

                                    Solid Waste                            OE

                                    Court                                       SW

                                    Dispatch                                  OE

                                    Buildings and Grounds           OE

                                    Buildings and Grounds           OE

            WHEREAS, there appears to be a surplus in the following 2003 appropriations over and above the demand deemed to be necessary for the balance of the year:

             FROM:           Legal – Labor                          OE

                                    Engineering                             OE

                                    PERS                                      OE

                                    PFRS                                      OE

                                    Other Code Enforcement1     SW

                                    Police                                      OE

                                    Fire Cistern                             OE

                                    Streets and Roads                  OE
                                    Streets and Roads                  OE

                                    Storm Water Management     OE

                                    Board of Health                       OE

                                    LOSAP                                    OE

                                    Hydrants                                  OE

                                    Finance                                   OE

                                    Tax Collection                         OE

                                    Historic Preservation              OE

                                    Planning Board                       SW

                                    Aid to Fire                                OE

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands.

            BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers:

TO:      Finance                                   SW      $ 1,000                                                Data Processing                        OE       5,000 

                                    Assessor                                 SW      2,500

                                    Legal                                       SW      1,000

                                    Legal                                       OE       40,000

                                    Planning Board                       OE       5,000

                                    Board of Adjustment               SW      500

                                    Insurance                                OE       7,000 

                                    Health Insurance                     OE       5,000
                                    Police                                      SW      0

                                    Public Works                          SW      5,000

                                    Board of Health                       SW      500

                                    Electricity                                OE       2,000

                                    Phone                                      OE       6,000 

                                    Gasoline                                  OE       14,000

                                    Solid Waste                            OE       4,500

                                    Court                                       SW 4,500

                                    Dispatch                                  OE       3,600

                                    Buildings and Grounds           OE       2,000

                                    Buildings and Grounds           OE       1,000

                                    Total                                       $110,100

             FROM:           Legal – Labor                          OE       $3,000

                                    Engineering                             OE       5,000

                                    PERS                                      OE       12,000

                                    PFRS                                      OE        35,000

                                    Other Code Enforcement1     SW      10,000

                                    Police                                      OE       5,000

                                    Fire Cistern                             OE       4,500

                                    Streets and Roads                  OE       2,000
                                    Streets and Roads                  OE       1,000

                                    Storm Water Management     OE       2,000

                                    Board of Health                       OE       2,000

                                    LOSAP                                    OE       3,000

                                    Hydrants                                  OE       3,000

                                    Finance                                   OE       1,500

                                    Tax Collection                         OE       1,000

                                    Historic Preservation              OE       4,100

                                    Planning Board                       SW      2,000

                                    Aid to Fire                                OE       14,000

                                    Total                           $110,100

                        A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer.

Mr. Mountain reviewed the transfers contained in R2003-113. Mr. Phelan expressed disappointment in the magnitude of transfers. He asked about the $14,000 additional needed for gasoline. Mr. Mountain explained that the cost has risen significantly. Mr. Phelan asked for an explanation of what percentage the $14,000 transfer is of the total amount originally budgeted for gasoline. Mayor Pierson asked if the Fire Department was aware of the transfer out of their budget of $14,000. Mr. Mountain said it had been discussed and agreed upon by the Fire Department.

Mr. D’Emidio made a motion to adopt R2003-113; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5. Resolution R2003-114

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING REFUND OF TAX SALE CERTIFICATE #030001T

            WHEREAS, Tax Sale Certificate #030001T assessed to Lot 1 in Block 101 is held by Michael Mastellone; and

            WHEREAS, the above-mentioned Tax Sale Certificate has been redeemed in the amount of $692.01 which amount includes principal and interest.

                        NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is, hereby directed to refund the amount of $692.01 to Michael Mastellone, P.O. Box 109, Cedar Knolls, NJ 07927

Mr. Phelan made a motion to adopt R2003-114; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

6. Anthony Levato, Andrew Marcelliano, Peter Marcelliano and Sarah McKinnell were recognized as new members of Brookside Engine Company.

ADMINISTRATOR REPORT

1. Mr. Mountain reported on the status of the expansion project at the DPW Garage. The second week in January is the estimated completion date.

2. Mr. Mountain said the contractor for the Carriage Hill Cistern Project will provide the drawings within the next 1-2 weeks, the tank will be delivered in 4-6 weeks and installation should be completed by the end of January, weather permitting.

3. Mr. Mountain said both Township and Borough Administrators, who will be meeting with the consultant this week, are reviewing the first draft of the feasibility stage of the police consolidation study. Following that meeting the final draft will go to the subcommittee for review.

4. The Reorganization meeting will be held on January 5, 2004 at 7:00 p.m.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1         Chester Borough Mayor to Washington Township/Joint Communications

2         Morris County Administrator/Rapid Emergency Notification System

3         Harding Township Master Plan Amendments

4         Katherine Karr/Retirement Complex

5         Julie Garber/Retirement Complex

6         NJDEP/Environmental Services Grant Program

7         Morris County Administrator/Supplemental Funding for Alliances

8         West Morris Regional High School District/Annual Audit

9         Township Historian/Budget Request

10     Great Swamp Watershed Management Committee/2004 Funding

Mayor Pierson noted the County Rapid Emergency Notification System meeting notice; He also acknowledged letters about the Delbarton retirement complex issue received from non-residents of Mendham Township . Mr. D’Emidio commented that it would be best not to become involved in that issue.

LEGISLATIVE REPORT

There was no 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. No one present 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 8:40 p.m. (Mr. Schrier arrived at this point in the meeting) The Committee discussed a question relating to the lot size averaging ordinance and also the backland lot requirements as related to properties in the 10-acre zones. Mr. Clapp updated the Committee on the Nesbitt Mill acquisition as well as the Garabrant property easement acquisition. A legal action brought against the Township was discussed and Mr. Krieg updated the Committee on joint library issues. Upon motion duly made and seconded the Committee returned to open session at 9:30 p.m. and with no other matters to come before them, upon motion duly made and seconded, the meeting adjourned at 9:31 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

 

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