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MINUTES – MENDHAM
TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
April 27, 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
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Pierson read the following
statement:
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
.”
APPROVAL OF MINUTES –
April 12, 2004
– Mr. Schrier made a motion to approve these
minutes as written; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
1. Ordinance
9-2004 – Second
Reading
and Public Hearing
bond ordinance providing for the improvement of the sewer plant in and by
the township of mendham, in the county of morris, new jersey, appropriating
$1,585,000therefor, including $100,000 available as a community development
block grant and $450,000 available from capital reserve and authorizing the
issuance of $1,035,000 bonds or notes of the township to finance part of the
cost thereof
Upon motion duly made and seconded the
meeting was opened to the public for comment on Ordinance 9-2004.
No one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
Mr. Schrier made a motion to adopt Ordinance
9-2004; Mr. Krieg seconded the motion.
ROLL
CALL – All present voted YES.
2. Discussion
of Intent to Award Letter re Mendham East Sewer Project
Mr. Mountain explained that the contract for
the sewer project couldn’t be awarded until after the 20-day period following
the publication of the adoption notice for Ordinance 9-2004.
He reported that the low bid of $993,915.00 is lower than the estimate
and recommends sending a letter of intent to award a contract to the low bidder.
He said he is still waiting for the third of the three permits required by the
DEP, noting that if the permits are not in place within 60 days of the bid and
the contract has not been formally awarded the possibility of losing the low bid
exists. Mr. Phelan made a
motion to approve the letter of intent; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
3. Presentation
by John Gdovin, Director of Operations and Bill Shelley, Director of the
Call
Center
for Patriot Media. Mr. Gdovin
reviewed the process in which Patriot Media acquired RCN in 2003 and their
transition, which included infrastructure and customer base in
Mendham
Township
. He said the first priority was to
complete the upgrade and that was done in January 2004.
He said their cable TV network is state-of-the-art with 1491 subscribers
in
Mendham
Township
. Mr. Schrier commented that there
is not a lot of programming/coverage
for local events. Mr. Gdovin said
that most municipalities notify them if they have something that would be of
interest. Mr. Phelan asked how
Patriot Media finds out about things that are going on in the municipalities
where they provide service and Mr. Gdovin said they try to stay close to the
community but customer contact is important.
Mr. Phelan asked about two-way high-speed Internet access.
Mr. Gdovin said that they have 500K while most other companies have 250K.
Mr. Phelan asked if they would get back with data re uploading video and
music, etc. Mr. D’Emidio asked the
difference between high definition and digital service.
Mr. Krieg displayed photos of his property and neighboring properties
that show cable equipment without covers and splices between old and new units
in an area where underground cable has been installed.
He said that every time his neighbor plows his driveway his cable service
is lost because the lines are cut. Mayor
Pierson said that Mr., Simmons, the President of Patriot Media, promised that
the above mentioned units would be removed and he asked Mr. Gdovin when they
could expect that to happen. Mr.
Gdovin said Mayor Pierson could expect that to be complete by mid-summer.
Mayor Pierson asked how long it would take to speak to a live person if
he called on a Sunday night because cable had gone out.
He noted that it would be advantageous to look into a faster connection
procedure. He asked about
Patriot Media including Channel 12 News and Mr. Gdovin said they are in
negotiations with Channel 12 News, however, the cost is currently unreasonable.
He said they are looking for additional changes for this year.
Mr. Schrier suggested they look into including the County government
produced show Morris Matters.
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 APPROVING SUBMISSION OF A PLANNING INCENTIVE GRANT
APPLICATION TO THE STATE AGRICULTURE DEVELOPMENT COMMITTEE THROUGH THE MORRIS
COUNTY AGRICULTURE DEVELOPMENT BOARD
WHEREAS, pursuant to the Farmland Preservation
Planning Incentive Grant Program Act of 1999 (P.L. 1999-Ch. 180 4:1c-43.1), the
Morris County Agriculture Development Board shall submit the Mendham Valley
Project Area Planning Incentive Grant Application on behalf of Mendham Township
to the State Agriculture Development Committee; and
WHEREAS, the Planning Incentive Grant Program is
voluntary by
Mendham
Township
and participating landowners; and
WHEREAS, the Planning Incentive Grant Program will
substantially leverage existing Township financial resources and allow broader
participation in the Farmland Preservation Program by local landowners; and
WHEREAS, the Planning Incentive Grant Program does
not replace the existing State program and funding for preservation of farmland
in Mendham Township, but provides additional resources to Mendham Township; and
WHEREAS, said properties to be considered for said funding are located in
Mendham Borough and Mendham Township; and
WHEREAS, the Township Committee of the
Township
of
Mendham
has reviewed said properties to be considered for the possible acquisition of
developments.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
Township
of
Mendham
that it hereby endorses and approves the submission of the Mendham Valley
Project Area Planning Incentive Grant Application to the State Agriculture
Development Committee through the Morris County Agriculture Development Board.
Mr. Phelan made a motion to adopt R2004-49;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
2. Resolution
R2004-50
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, TO AMEND THE 2004 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 $1,322.94 from
the New Jersey Division of Criminal Justice and $2,405.72 from FEMA and wishes
to amend its 2004 Budget to include the full amounts as 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 2004 in the sums of $1,322.94 and $2,405.72
which are now available as 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:
Body Armour Replacement (Criminal Justice)
SLAHEOP
Grant (FEMA)
BE IT FURTHER RESOLVED that like sums of $1,322.94
and $2,405.72 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:
Body Armour Replacement
SLAHEOP
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 R2004-50;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
3. Resolution
R2004-51
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPROVING LOSAP ELIGIBILITY LIST
WHEREAS, Ordinance 12-1999, adopted by the Township
Committee of the Township of Mendham on August 18, 1999, created a Length of
Service Award Plan (LOSAP) in order to reward members of the volunteer Mendham
Township Fire Department and Mendham Township First Aid Squad; and
WHEREAS, each year, emergency service organizations
participating in a LOSAP must certify to the governing body an annual list of
all volunteer members who have qualified for credit under the LOSAP program for
the previous year; and
WHEREAS, the Ralston Engine Company No. 1, the
Brookside Engine Company No. 1 and the Mendham Township First Aid Squad have
provided the Township Committee with the required lists of all members who have
qualified for LOSAP credit for the year 2003 and those lists are attached hereto
and made a part of this resolution.
WHEREAS, the aforementioned lists have been
reviewed and approved by the Township Committee.
NOW, THEREFORE, BE IT RESOLVED, by the Township
Committee of the
Township
of
Mendham
, that the eligibility lists attached to this resolution are approved
and will be posted in accordance with
Chapter 388 of the Laws of 1997.
Mr. Phelan made a motion to adopt R2004-51;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
4. Ordinance
10-2004 – First
Reading
ordinance
permitting bonus lots relating to lot size averaging for conveyance to nonprofit
entities and supplementing the land use ordinance of the
township
of
mendham
with a new paragraph
21-10.4(d)
Mr. Phelan
made a motion to adopt Ordinance 10-2004 upon first reading with second reading
and public hearing to be scheduled for
May 10, 2004
; Mr. Schrier seconded the motion.
ROLL
CALL – All present voted YES.
A
copy of Ordinance 10-2004 is attached hereto and made a part hereof.
5.
Ordinance 11-2004 – First
Reading
ordinance
repealing subsection 2-30.8, the open space tax sunset provision, of the
mendham
township
ordinance code
Mr. Krieg
made a motion to adopt Ordinance 11-2004 upon first reading with second reading
and public hearing to be scheduled for
May 10, 2004
; Mr. Schrier seconded the motion.
ROLL
CALL – All present voted YES.
A
copy of Ordinance 11-2004 is attached hereto and made a part hereof.
6.
Discussion of Right-of-Way vacation request.
Mr. Mountain referred to a request, originally made in 2001, for the
vacation of an easement between two properties on
Conifer Drive
. The Committee agreed to defer
action on this request until the
Conifer Drive
cell tower issue is finalized.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING THE SUBMISSION OF THE RECYCLING TONNAGE GRANT APPLICATION TO THE
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
WHEREAS, The Mandatory Source Separation and
Recycling Act, P.L. 1987, c.102, has established a recycling fund from which
tonnage grants may be made to municipalities in order to encourage local source
separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the
Mandatory Source Separation and Recycling Act to use the tonnage grants to
develop new municipal recycling programs and to continue and to expand existing
programs; and
WHEREAS, The New Jersey Department of Environmental
Protection has promulgated recycling regulations to implement the Mandatory
Source Separation and Recycling Act; and
WHEREAS, The recycling regulations impose on
municipalities certain requirements as a condition for applying for tonnage
grants, including but not limited to, making and keeping accurate, verifiable
records of materials collected and claimed by the municipality; and
WHEREAS, A resolution authorizing this municipality
to apply for such tonnage grants for the calendar year 2003 will memorialize the
commitment of this municipality to recycling and to indicate the assent of the
Township Committee to the efforts undertaken by the municipality and the
requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, Such a resolution should designate the
individual authorized to ensure the application is properly completed and timely
filed.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Mendham, that the Township of Mendham hereby
endorses the submission of the recycling tonnage grant application to the New
Jersey Department of Environmental Protection and designated Penny Newell to
ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that monies received from
the recycling tonnage grant be deposited in a dedicated recycling trust fund to
be used solely for the purposes of recycling.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AWARDING CONTRACT FOR ACQUISITION OF TANDEM DUMP TRUCK WITH SANDER
WHEREAS, bids were submitted to the Township for
the acquisition of a Tandem Dump Truck with Sander; and
WHEREAS, on the basis of the bid received, the
Township Superintendent of the Department of Public Works has recommended that a
contract be awarded to Meadowland Ford Truck Sales, Inc.; and
WHEREAS, the availability of funds for the payment
of charges pursuant to the contract hereby awarded has been certified by the
Chief Financial Officer of the Township; and
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 the acquisition of a Tandem Dump Truck with Sander
in the
amount of $114,986.00 is hereby awarded to
Meadowland Ford Truck Sales, Inc.
2.
The Mayor is hereby authorized and directed to execute a Contract
between
the Township and Meadowland Truck Sales,
Inc. and the Township Clerk is hereby authorized and directed to attest such
contract and to affix the corporate seal thereto, and when so executed and
attested the contract shall be a valid and legally binding contract of the
Township in accordance with the terms thereof and the proper officials of the
Township are hereby authorized and directed to make and perform any and all acts
necessary to carry out such contract.
3.
A certified copy of this Resolution shall be forwarded by the
Township Clerk
to Meadowland Truck Sales, Inc.,
330 County Avenue, P.O. Box 2218
,
Secaucus
,
New Jersey
07096
.
Mr. Phelan made a motion to adopt R2004-53;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
9. Resolution
R2004-54
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
[ ] contract negotiations
[
] acquisition of
property
[x]
litigation
[
] 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 R2004-54;
Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES
10. Resolution
R2004-55
RESOLUTION OF THE TOWNSHIP COMMITTEE OF
THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, EXTENDING CONGRATULATIONS TO
KARL E. ADEY UPON
HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT
WHEREAS, Karl E. Adey has
attained the rank of Eagle Scout; and
WHEREAS, Karl E. Adey will
be honored for this achievement at
a Court of Honor; and
WHEREAS, the Township Committee of the
Township
of
Mendham
recognizes the extraordinary dedication and professionalism Karl E. Adey has
displayed in achieving this highest honor.
NOW, THEREFORE, BE IT RESOLVED by the
Township Committee of the
Township
of
Mendham
, to extend their congratulations to Karl E. Adey upon his attainment of the
rank of Eagle Scout and to wish him success in all his future endeavors.
Unanimously Approved
11. Frank
Vigilante was recognized as a new member of Brookside Engine Company.
ADMINISTRATOR REPORT
1. Mr.
Mountain gave an update on the DPW addition.
He said the exterior construction would be complete within two weeks,
including paving and grading. Mr.
D’Emidio asked why the electrical wiring for the lift was not part of the
contract. Mr. Mountain replied that
the lift had been approved and purchased prior to construction of the addition
and the electrical work was to transfer it to the new bay.
He said the painting would also be a separate contract.
2. Mr.
Mountain said the Lacrosse program has asked the Recreation Commission for a new
equipment shed at the Ralston Field. All
groups using the fields will be asked to contribute to the cost and will be able
to use it. Mr. Mountain suggested
placing the shed near the water fountain.
3. Mr.
Mountain referred to a report from the Township Engineer regarding the drainage
problem on Knollwood Trail. There is
not enough capacity in the current drainage system to handle the amount of water
that is taken in. The projected cost
to remedy is very high and Mr. Mountain suggested putting this into a capital
project for 2006 and also trying to obtain some grant funding possibly through
the Whippany River Watershed.
4. Mr.
Mountain reported that he and Mr. Schrier met with the fire chiefs to discuss
the standardization of breathing apparatus.
He said the consensus was that standardization would work if done in a
sensible and graduated manner. One
suggestion was that transition to the type chosen be through new members and as
existing equipment wears out it would be replaced with the type chosen.
Mr. Mountain will talk to both fire companies to ascertain how to phase
in the standard that was generally agreed to be Scott.
OPEN ITEMS LIST
The Open Items List was reviewed and
updated.
CORRESPONDENCE
1.
DEP to Environmental
Technology/Block 146/Lot 22
2.
DEP to Paulus, Sokolowski
& Sartor, LLC/Camp Jockey Hollow (7)
3.
NJSLOM/Mayors Fax
Advisory(4)
4.
NJSLOM/Legislative
Bulletin
5.
NJSLOM/Legislative
Viewpoint
6.
DEP Commissioner to
Assemblyman
Merkt/Mendham
Township
permits
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.
Marian Koste,
Ironia Road
: said that Resolution R2004-49 that
was adopted earlier is a good program for farmers but not for others.
Chief Costanza, Mendham Township Police:
referred to an earlier discussion about a storage shed at Ralston Fields
and cautioned that an alarm system should be put in to prevent losses.
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
9:38 p.m.
The Committee received an update on the cell
tower litigation from Mayor Pierson. The
Washington
Township
dispatch contract was discussed. The
Highlands
legislation was discussed. Mr.
Mountain reviewed his recommendations regarding salaries for 2004.
Upon motion duly made and seconded the
Committee returned to open session at
10:48 p.m.
There being no other matters to
come before the Committee, upon motion duly made and seconded the meeting
adjourned at
10:48 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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