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MINUTES – MENDHAM
TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
January 12, 2004
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, 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 15, 2004
; Notice was posted on the bulletin board in Township Offices and Notice was
filed with the Clerk on
January 15, 2004
.”
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 & 22, 2003;
January 5, 2004
Mr. Krieg made a motion to approve the
minutes of December 8th and 22nd with one correction to
the December 22nd minutes to clarify Mayor Pierson’s comment
regarding a replacement for fire apparatus; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
January 5, 2004
– Mr. Phelan made a motion to approve the minutes as written; Mr. D’Emidio
seconded the motion. ROLL CALL - All present voted YES.
OLD BUSINESS
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
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING PHASE II OF POLICE DEPARTMENT FEASIBILITY STUDY
WHEREAS, Resolution R2003-97, adopted September 8,
2003, awarded a contract to Braun Management Consulting to provide consultation
in connection with the Township’s feasibility study of the possible creation
of a single police department for Mendham Borough and Mendham Township; and
WHEREAS, the contract awarded by Resolution
R2003-97 provided specialized consulting services to encompass three phases; and
WHEREAS, Braun Management Consulting has provided
Phase I of the feasibility study which has been accepted by the Township
Committee and has provided a proposal for Phase II of the aforementioned
feasibility study.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
Braun Management Consulting is hereby authorized to proceed with
Phase II of the Police Department Feasibility Study, the scope of which is
within the proposal authorized by Resolution R2003-97 adopted on
September 8, 2003
by the Township Committee.
2.
Fees for Phase II shall be in accordance with the contract.
3.
This Resolution shall take effect immediately.
Mr. Mountain reviewed Phase I of the study
noting that Phase II would be scheduled for completion by July.
Mr. Schrier made a motion to adopt R2004-14;
Mr. Phelan seconded the motion. Mr. D’Emidio asked why Phase II would take
until July to complete. Mr. Mountain replied that subcommittee work would
require meetings and scheduling conflicts occur. Mr. Schrier asked what would
happen if the Borough does not pass a like resolution. Mr. Clapp said if that
were the case the Township might have to act upon the resolution again. ROLL
CALL – All present voted YES.
2. Ordinance 1-2004 – First
Reading
bond ordinance providing a supplemental
appropriation of $95,000 for preliminary planning and design work for the
improvement of the Mendham east sewer plant in and by the township of mendham,
in the county of morris, new jersey and authorizing the issuance of $90,250
bonds or notes of the township for financing part of the appropriation
Mr. Phelan made a motion to adopt Ordinance
1-2004 upon first reading with second reading and public hearing scheduled for
January 27, 2004
; Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 1-2004 is attached
hereto and made a part hereof.
3. Ordinance 2-2004 – First
Reading
bond ordinance providing a supplemental
appropriation of $15,000 for the planning and design of the emergency
communications system for and by the
township
of
mendham
, in the
county
of
morris
, new
jersey
and authorizing the issuance of $14,250 bonds or notes of the township for
financing part of the appropriation
Mr. Krieg made a motion to adopt Ordinance
2-2004 upon first reading with second reading and public hearing scheduled for
January 27, 2004
; Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 2-2004 is attached
hereto and made a part hereof.
an
ordinance of the
township
of
mendham
providing for the purchase of
miscellaneous vehicle equipment for the mendham township police department by
the township and appropriating $20,000 from capital surplus and $10,000 from
reserve for police equipment
Mr.
Phelan suggested it might be prudent to hold this ordinance until the operating
budget discussions have been completed. Chief Costanza indicated that the
equipment has been purchased and installed on the new 4WD vehicle.
Mr.
Schrier made a motion to adopt Ordinance 3-2004 upon first reading with second
reading and public hearing scheduled for
January 27, 2004
; Mr. Krieg seconded the motion.
ROLL
CALL – Mr. Krieg, Mr. Schrier, Mr. D’Emidio and Mayor Pierson voted YES. Mr.
Phelan voted NO.
A
copy of Ordinance 3-2004 is attached hereto and made a part hereof.
5.
Reconsideration of R2004-9
RESOLUTION R2004-9
RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS,
ADOPTING POLICY WITH RESPECT TO MONITORING PAYMENT OF PREVAILING WAGES IN
ACCORDANCE WITH THE DAVIS-BACON ACT
WHEREAS, Federal Grant Program legislation
requires that all laborers and mechanics employed by contractors or
subcontractors to work on construction projects financed by Federal Assistance
must be paid wages not less than those established for the locality of the
project by the Secretary of Labor; and
WHEREAS, the
Township
of
Mendham
is fully cognizant of the requirements to monitor the payment of such wages.
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
Township
of
Mendham
, as follows:
1. When required by federal and/or state legislation, all laborers and
mechanics employed by contractors or subcontractors to work on Township
construction projects financed with federal and/or state funds must be paid
wages not less than those established for the area. In order to assure
compliance with this policy, the following procedures shall be implemented:
a. The Township Purchasing Agent shall review all contract specifications
prior to bid to determine if the Davis-Bacon Act and/or the State Prevailing
Wage Act apply.
b. The Township Purchasing Agent shall review the contract specifications
and contracts for all projects requiring the payment of prevailing wages to
verify that the contracts contain provisions requiring the payment of prevailing
wages.
c. The Township Engineer, with the assistance of the Township’s Chief
Financial Officer, shall monitor all applicable contractors and
subcontractors’ payroll records to assure that prevailing wages are being
paid.
This resolution was voted on at the
January 5, 2004
meeting and was defeated. It was pointed out that in the case of applying for
federal funds in conjunction with construction projects, for example, the sewer
plant and/or firehouse, this resolution must be adopted. Mr. Phelan made a
motion to adopt R2004-9; Mr. Krieg seconded the motion.
ROLL CALL – Mr. Krieg, Mr. Phelan and
Mayor Pierson voted YES. Mr. D’Emidio and Mr. Schrier voted NO.
6. Resolution R2004-13
R2004-13
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 R2004-13;
Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
7. Resolution R2004-15
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING CONTRACT FOR REAL ESTATE APPRAISAL SERVICES
WHEREAS, there is a need for an updated appraisal
in connection with the administration of the Mendham Township Open Space Trust
Fund; and
WHEREAS, the governing body of the Township of
Mendham, by Resolution R2002-92, awarded a contract to Mark W. Tinder of Robert
McNeely Vance & Company, 892 U.S.Highway 22, Somerville, NJ 08876, for an
appraisal of the property known as Lot 18 in Block 146; and
WHEREAS, a proposal has been received from Mark W.
Tinder to update the above mentioned appraisal in an amount not to exceed
$1,200.00.
WHEREAS, the Township Chief Financial Officer has
advised that monies are available for payment for the service to be performed
pursuant to the contract authorized by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
A contract for an update of a real estate appraisal to be
performed with respect to the property known as
Lot
18 in Block 146 is hereby awarded to Mark W. Tinder of Robert McNeely Vance
& Company.
Mr. Phelan made a motion to adopt R2004-15;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution R2004-16
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING PARTICIPATION IN THE MORRIS CHAPTER (McARP) FOR THE YEAR 2004
WHEREAS, there has been created a Morris County
Adaptive Recreation Program (McARP); and
WHEREAS, said program intends to provide
recreational services for persons with disabilities of all ages, and further to
give said persons an opportunity to explore new leisure time skills in
conjunction with their age and abilities; and
WHEREAS, the total project cost is estimated to
exceed $300,000.00; and
WHEREAS, the
Township
of
Mendham
’s costs with respect thereto will be approximately $754.00 according to the
Fair Share Ratio schedule.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, as follows:
1.
That the
Township
of
Mendham
hereby intends to join the Morris County Adaptive Recreation Program (McARP) as
described above and contribute thereto in the amount not in excess of the Fair
Share Assessment for one year.
Mr. Krieg made a motion to adopt R2004-16;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
9. Resolution R2004-17
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING RISK MANAGEMENT CONSULTANT
WHEREAS the
Township
of
Mendham
is a member of the New Jersey Municipal Joint Insurance Fund; and
WHEREAS, the bylaws of the New Jersey Municipal
Joint Insurance Fund requires member municipalities to obtain professional risk
management consulting services; and
WHEREAS, Richard E. Allocca of Wachovia Insurance
Services Agency, Inc. has presented a proposal to the Township for Risk
Management Consulting Services; and
WHEREAS, the Township Committee has approved the
proposal offered by Wachovia Insurance Services, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
, that the Risk Management Consultant Agreement between the
Township
of
Mendham
and Wachovia Insurance Services Agency, Inc. is hereby approved and the Mayor
is authorized to execute the Agreement, a copy of which is attached to and made
a part of this Resolution.
Mr. Schrier made a motion to adopt R2004-17;
Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
10. Resolutions R2004-18-21
R2004-18
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING TEMPORARY APPROPRIATION FOR DEBT SERVICE REQUIREMENTS
WHEREAS, N.J.S. 40A:4-19 provides authority for
appropriating in a temporary resolution the permanent debt service requirements
for the coming fiscal year providing that such resolution is not made earlier
than December 20 of the year preceding the beginning of the fiscal year; and
WHEREAS, the date of this resolution is subsequent
to
December 19, 2003
; and
WHEREAS, principal and interest will be due on
various dates from
January 1, 2004
to
December 31, 2004
, inclusive, on sundry bonds issued and outstanding.
NOW, THEREFORE, BE IT RESOLVED that the following
appropriations be made to cover the period from
January 1, 2004
to
December 31, 2004
inclusive:
DEBT SERVICE –
TOWNSHIP
OF
MENDHAM
Payment of Bonds
$805,000.00
Interest on Bonds
$127,000.00
Interest on Notes
24,500.00
Payment of Bond Anticipation Notes
43,500.00
__________
$1,000,000.00
DEBT SERVICE – OPEN SPACE
Payment of Principal – loans & bonds
$260,000.00
Interest on Bonds and Loans
$113,000.00
Interest on Notes
0
___________
$373,000.00
DEBT SERVICE – SEWER UTILITY I
Payment of Principal and Interest on Bonds
$ 7,000.00
Interest on Bonds
0
Interest on Notes
0
Payment of Bond Anticipation Notes 0
__________
$ 7,000.00
R2004-19
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any
contract, commitment or payments are to be made prior to the final adoption of
the 2004 budget, temporary appropriations may be made for the purpose and
amounts required in the manner and time therein provided; and
WHEREAS, the date of this resolution is within the
first thirty days of January, 2004; and
WHEREAS, the total appropriations in the 2003
Budget, exclusive of any appropriations made for interest and debt redemption
charges, capital improvement fund and public assistance, is the sum of $89,420;
and
WHEREAS, 26.25% of the total appropriations in the
2003 budget, exclusive of any appropriations made for interest and debt
redemption charges, capital improvement fund and public assistance in said 2003
budget is the sum of $23,472.75. .
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Mendham, in the County of Morris, New Jersey, that
the following appropriations be made and that a certified copy of this
Resolution be transmitted to the Chief Financial Officer for her records.
TEMPORARY APPROPRIATIONS – 2003
SEWER II
SALARIES
OTHER EXPENSES
TOTAL
Sewer
0
$22,600
$22,600
R2004-20
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any
contract, commitment or payments are to be made prior to the final adoption of
the 2004 budget, temporary appropriations may be made for the purpose and
amounts required in the manner and time therein provided; and
WHEREAS, the date of this resolution is within the
first thirty days of January, 2004; and
WHEREAS, the total appropriations in the 2003
Budget, exclusive of any appropriations made for interest and debt redemption
charges, capital improvement fund and public assistance, is the sum of $291,000;
and
WHEREAS, 26.25% of the total appropriations in the
2003 budget, exclusive of any appropriations made for interest and debt
redemption charges, capital improvement fund and public assistance in said 2003
budget is the sum of $76,413.75. .
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Mendham, in the County of Morris, New Jersey, that
the following appropriations be made and that a certified copy of this
Resolution be transmitted to the Chief Financial Officer for her records.
TEMPORARY APPROPRIATIONS – 2003
SEWER
SALARIES
OTHER EXPENSES
TOTAL
Sewer
0
$76,413.75
R2004-21
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any
contract, commitment or payments are to be made prior to the final adoption of
the 2004 budget, temporary appropriations may be made for the purpose and
amounts required in the manner and time therein provided; and
WHEREAS, the date of this resolution is within the
first thirty days of January, 2004; and
WHEREAS, the total appropriations in the 2003
Budget, exclusive of any appropriations made for interest and debt redemption
charges, capital improvement fund and public assistance, is the sum of
$5,813,619.01; and
WHEREAS, 26.25% of the total appropriations in the
2003 budget, exclusive of any appropriations made for interest and debt
redemption charges, capital improvement fund and public assistance in said 2003
budget is the sum of $1,526,074.99. .
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Mendham, in the County of Morris, New Jersey, that
the following appropriations be made and that a certified copy of this
Resolution be transmitted to the Chief Financial Officer for her records.
(See Attached)
Mr. Phelan made a motion to adopt
Resolutions R2004-18-21; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
11. Request for vacation of right-of-way on
Indian Hollow Road
– Mayor Pierson noted that it would be appropriate for this request to be
forwarded to the Planning Board for comment prior to any action by the Township
Committee. The request will be sent to the Planning Board prior to their next
meeting.
12. Discussion of 2004 police vehicle
purchase – Chief Costanza said the department now has four marked patrol cars,
two 4WD vehicles, the chief’s car, the detective’s car plus one extra
unmarked vehicle. He said that the one remaining blue and white patrol car is
due to be replaced this year and he is seeking the best price for a replacement
vehicle. Mayor Pierson asked if it was necessary to have an extra unmarked
vehicle and Chief Costanza said it is used for road jobs to save on using the
newer patrol cars. The Committee agreed to hold off on the purchase of a new
patrol vehicle.
13. Request for refund of interest paid. A
resident requested a waiver of interest charged on a tax payment that was
delinquent because the property owner was hospitalized at the time payment was
due. Mr. Krieg, Mr. Schrier, Mr. Phelan and Mayor Pierson were not in favor of
granting the refund. Mr. D’Emidio was in favor.
14. Discussion of Applied Water Proposal for
the Mendham East Disposal Bed Project.
Mr. D’Emidio made a motion to authorize
the proposal, asking that the specification be exact and brief; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
16. The Raffle application for the Srs. Of
St. John
the Baptist was approved.
17.
Discussion of Township Committee Goals. Mayor Pierson asked the Committee to
consider placing the list of goals that he presented at the reorganization
meeting on the Open Items List along with projected completion dates. Everyone
agreed.
ADMINISTRATOR REPORT
1. Mr. Mountain gave a progress report on
the DPW garage addition. He requested a timetable from the contractor for the
remaining work. He said the major exterior work is complete and they are now
working on the interior. It may be necessary to wait for the weather to improve
for some of the remaining exterior work.
OPEN ITEMS LIST
The Open Items List was reviewed and
updated.
Mr. Krieg asked Mr. Clapp if there was an
ordinance requiring the removal of markings once underground utilities are
completed. Mr. Clapp said there is not and Mr. Krieg said it should be a
requirement.
CORRESPONDENCE
1.
M/M Holland/Knollwood Trail Drainage Issue
2.
NJSLOM/Mayors Fax Advisory
3.
Washington
Township
to
Chester
Borough/Communications Cost
4.
Wilentz Goldman & Spitzer/WMRHS Board Special Election
3/9/04
5.
Sr. Angelita/Request for waiver of permit fee
6.
Township of Branchburg/Fire Districts
7.
Township Historian/Antique Items to be donated
Item #5 – request for waiver of fees –
The Committee granted the request.
Ray Nadaskay will follow up on Item #7.
LEGISLATIVE REPORT
Mayor Pierson said there are some issues
that the Committee may feel strongly about addressing after notice is received
from the NJSLOM.
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
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