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MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

December 22, 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 9:06 p.m. ,

Mr. D’Emidio, Mr. Krieg

                                                 Absent:          No One

                                     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.”

APPROVAL OF MINUTES – December 8, 2003 – held for next meeting

OLD BUSINESS

Mayor Pierson reported that he and Mr. Mountain met with the Mendham Soccer Club Board to discuss concerns that have been brought to the Committee regarding the cost of the programs and the scheduling of games on Jewish holidays. Mayor Pierson noted that the Soccer Club has reduced the cost of the programs and also established a scholarship program. They will not be changing their master schedule but the coaches will have the prerogative to reschedule games if desired, as there are only a certain number of weekends to play and the schedule is tight.

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. Follow-up discussion – SSI Presentation – Mr. Mountain said the consensus following the December 15th presentation is that the projected cost of the recommendation is too much for a small town Mr. Schrier gave the information to Morris County for comment by the County radio supervisor on the idea of a second tower. Mr. Mountain has also presented the second tower idea to SSI and is awaiting their analysis. A sub-committee was suggested to address communications issues relative to the possible merger of the Township and Borough police departments. There was a lengthy discussion regarding different scenarios to accomplish an acceptable communications system for Township emergency services.

2. Mr. D’Emidio referenced a meeting about the needs associated with a new firehouse in Brookside . He related comments about a conceptual drawing that included five bays for fire apparatus and one for an ambulance and the possible future need for an aerial ladder truck. Another meeting will be held next month to discuss cost issues, septic issues and the building footprint. One suggestion was for a lean-to type structure on the back of the building to house the antique fire truck. Mr. D’Emidio suggested several ideas – one was to place the building at an angle towards the roadway and another was to keep to simple, clean lines to fit in with the neighboring area. Mr. Mountain said the vehicle replacement schedule may require alteration or change to coincide with a new building and he also noted that a change in vehicle acquisition would help towards the cost of the building. Mayor Pierson expressed concern with any delay in acquiring a pumper to replace the twenty-year old one. Mr. Phelan said there are a lot of things pending and the funding for those, including the firehouse, the municipal building, library and police headquarters add up to very large dollars. He suggested a well documented financial plan to meet these upcoming needs. Mr. Krieg noted that FEMA may be willing to contribute to the cost of a new firehouse to be located out of a flood plain.

3. Resolution R2003-124

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING RELEASE OF PERFORMANCE BOND FOR THE RESERVOIR RIDGE SUBDIVISION

            WHEREAS, a Performance Bond was furnished by N.R. Associates, LLC in connection with the installation of improvements for the reservoir Ridge Subdivision; and

            WHEREAS, the developer has requested the release of the Performance Bond; and

            WHEREAS, the Township Engineer has issued a report recommending the release of the Performance Bond $36,251.29 in accordance with the recommendation provided by the Township Engineer and attached to this Resolution.

            NOW, THEREFORE,             BE IT RESOLVED by the Township Committee of the Township of Mendham , as follows:

1.      The Performance Bond in the amount of $36,251.29, provided by N.R. Associates, is hereby released.

2. A certified copy of this Resolution shall be forwarded by the Township Clerk

 to N.R. Associates.

Mr. Phelan made a motion to adopt R2003-124 subject to the investigation into one possible concern from a neighboring property owner; Mr. D’Emidio seconded the motion.

ROLL CALL – All present voted YES.

4. Resolution R2003-128

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. Krieg made a motion to adopt R2003-128; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

5. Resolution R2003-129

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:      Administration                         OE

                                    Open Space Committee         OE

                                    Police                                      OE

                                    Snow Removal                       OE

                                    Social Security                        OE

                                    Buildings and Grounds           OE

                                    Maintenance of Parks             OE

                                    Streets and Roads                  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:           Zoning Board of Adjustment   OE

                                    Insurance                                OE

                                    Streets and Roads                  SW

                                    Administration                         SW

                                    Legal-Labor                             OE

                                    Engineering                             OE

                                    Planning Board                       SW

                                    Construction                           OE

                                    Board of Health                       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:                             Administration                         OE $ 9,000

                                    Open Space Committee         OE 300

                                    Police                                      OE 5,000

                                    Snow Removal                       OE 11,400

                                    Social Security                        OE 7,000

                                    Buildings and Grounds           OE 1,500

                                    Maintenance of Parks             OE 500

                        Streets and Roads                  OE 1,000

                                    Total                                       $ 35,700

             FROM:           Zoning Board of Adjustment   OE $ 7,000

                                    Insurance                                OE 2,700

                                    Streets and Roads                  SW 6,600

                                    Administration                         SW 4,000

                                    Legal-Labor                             OE 1,200

                                    Engineering                             OE 2,000

                                    Planning Board                       SW 1,200

                                    Construction                           OE 9,500

                                    Board of Health                       OE 1,500

                                    Total                           $ 35,700

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

Mr. Phelan made a motion to adopt R2003-129; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2003-130

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , TO AMEND THE 2003 BUDGET

            WHEREAS, N.J.S. 40A4-87 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 item shall 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 Township has received $24,197.67 from FEMA and wishes to amend its 2003 Budget to include the full amount as a revenue.

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2003 in the sum of $24,197.67 which is now available as a revenue from:

            Miscellaneous Revenues

             Special Items of General Revenue Anticipated with Prior Written Consent

 Of the Director of Local Government Services:

             State and Federal Revenues Off-set with Appropriations:

             FEMA

            BE IT FURTHER RESOLVED that a like sum of $24,197.67 be and the same is hereby appropriated under the caption of:

            General Appropriations

(a)   Operations Excluded from 5% Caps

State and Federal Programs Off-set by Revenues:

 FEMA

            BE IT FURTHER RESOLVED that the Township Clerk ;forward two copies of this Resolution to the Director of Local Government Services.

Mr. Phelan made a motion to adopt R2003-130; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

7. Discussion of police vehicle purchase for 2004 - Mr. Mountain suggested deferring this discussion until a future meeting when Chief Costanza will be here.

8. Mayor Pierson reviewed the Standing Committee appointments for 2004.

ADMINISTRATOR REPORT

1. Mr. Mountain reported a complaint regarding a detention basin located at 26 Cold Hill Road . He said although the detention basin is on private property it is the Township’s responsibility and is badly deteriorating. The Township’s environmental consultant has looked at the property and recommends repair that requires DEP permitting. Mr. Mountain suggested seeking the permit in 2004 and scheduling the repair for 2005. He also will contact the Whippany River Watershed Association to ascertain if they have an interest in providing some funding towards the project as the detention basin is at the top edge of the watershed.

2. Mr. Mountain and Ms. Webster would like to schedule operating budget meetings in January. The Committee discussed several options for meetings including Saturdays.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1.      NJSLOM Legislative Viewpoint

2.      Passaic River Coalition/Certificate

3.      Whippany River Watershed Action Committee/2004 Dues

4.      Schenck, Price, Smith & King, LLP/Irene-Sheehan

5.      NJSLOM/ Mayors Fax Advisory (3)

6.      NJ DOT/Enhancement Program

7.      Morris County Community Development/Representatives

8.      Senator Bucco/S-1818

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.

Mike Nametz, 2 Connet Lane : asked about the Open Items List discussion regarding the Mendham East Sewer Plant. The different structure between Mendham East and Mendham West (serves Mr. Nametz’s property) was explained.

It should also be noted that Mr. Nametz’s son was also in attendance as a requirement for a Boy Scout badge.

There being no others present who asked to be heard, upon motion duly made and seconded the meeting was closed to the public.

Upon motion duly made and seconded the Committee went into closed session at 8:48 p.m. Ernest DelGuercio, Township Tax Assessor, reviewed a revaluation proposal received and he also presented his proposal for an in-house reassessment, explaining that the two procedures are basically the same, but one is done by an outside firm and the other in-house. A tax appeal was discussed as was the ongoing police merger study. A lawsuit regarding a roadway easement vacation was also discussed.

Upon motion duly made and seconded the Committee returned to open session at 9:54 p.m. There being no other matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 9:54 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

 

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