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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
June 22, 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. Schrier,
Mr.
D’Emidio, Mr. Krieg
Absent:
Mr. Phelan
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 –
June 14, 2004
– to be held for next meeting
OLD BUSINESS
Mr. D’Emidio asked Mr. Mountain to verify information on
an invoice from Parette·Somjen. His
concern is with billing for more than eight hours in any one day.
Mayor Pierson suggested asking for time sheets for the days in question.
Mr. D’Emidio asked about the final payment to Pace
Builders for the DPW garage addition. Mr.
Mountain said both Charlie Balut and Dave Read have approved the work and the
Township has received a maintenance bond.
Mayor Pierson reported that he would be meeting on June 24th
with the Mayors of the sending municipalities of the
West
Morris
Regional
High
School District
to discuss a public question regarding dissolution of the District in order to
alleviate the disproportionate payment per student.
Mr. Schrier will revise his draft of a public question prior to Mayor
Pierson’s meeting on June 24th.
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. Presentation
by Kathryn Mantell of Nisivoccia & Company.
Ms. Mantell reviewed the Township’s 2003 Audit; she noted that the
Township is in an excellent financial position.
There were no recommendations noted.
2. Discussion
of Municipal Complex Site Plan. A
one-way entry from
West Main Street
was discussed as were two options for the position of the firehouse on the
site. The subcommittee will schedule
a meeting with representatives of the fire company.
3. Ordinance
15-2004 – First
Reading
an ordinance of the
township of mendham providing for preliminary planning expenses for the
municipal complex design by the township and appropriating $10,000 from capital
surplus
Mr. D’Emidio made a motion to adopt Ordinance 15-2004
upon first reading with second reading and public hearing to be scheduled for
July 12, 2004
; Mr. Schrier seconded the meeting.
ROLL CALL – All present voted YES.
A copy of Ordinance 15-2004 is attached hereto and made a
part hereof.
4. Resolution
R2004-82
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 $5,000 from the New Jersey Division of
Highway Traffic Safety 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 sum of $5,000 which is 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:
Click It Or Ticket
(Highway Traffic Safety)
BE IT FURTHER RESOLVED that like sum of $5,000 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:
Click It Or Ticket
BE IT FURTHER RESOLVED that the Township Clerk forward two copies of this
Resolution to the Director of Local Government Services.
Mr. Schrier made a motion to adopt R2004-82; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
5. Discussion
of Planning Board Request – Storm Water Management Regulations.
Mr. Mountain reported that, in order to keep the current ordinances in
line with the intent of the new regulations, it would be appropriate for the
Planning Board to ask the Township Committee for approval to authorize the
Planning Board and its consultants to work on and recommend amendments to the
ordinance. Mr. D’Emidio said he is
concerned with the amount of time that may be spent and billed to the Township
on this project. Mayor Pierson noted
that the Ten Towns could do a similar review.
Mr. Mountain said that might not be less costly.
Mayor Pierson said there have been a lot of changes and he doesn’t
think they have to be concerned at this point about storm water draining
directly into any river. He said he
is reluctant to build more drainage systems than are required.
Mr. D’Emidio would like to see a cost estimate and Mr. Mountain will do
that and clear it with the Mayor prior to proceeding.
6. Discussion
of Irenes’ Spring Tree Farm request for Fall Horse Show.
The Township Committee will approve a resolution at the next meeting.
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, REQUESTING EXTENSION OF TIME FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION
FOR THE
EAST MAIN STREET
DRAINAGE PROJECT
WHEREAS, Mendham Township has received a New Jersey Department of
Transportation Grant in the amount of $40,000 for the East Main Street Drainage
Project; and
WHEREAS, the County of Morris is scheduled to begin work in July 2004 on
the replacement of the bridge in the vicinity of the East Main Street Drainage
project; and
WHEREAS, due to delays on the County project and acquiring associated DEP
permits, extensions have been previously granted and those extensions expire
July 7, 2004; and
WHEREAS, it is anticipated that the DEP approvals will be received by the
fall of 2004 and construction of the East Main Street Drainage Project will be
scheduled for the spring of 2005.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
to request an extension of time to July 2004 from the New Jersey Department of
Transportation in connection with the Grant received in the amount of $40,000
towards the East Main Street Drainage Project.
A certified copy of this Resolution shall be forwarded by the Township
Clerk to the New Jersey Department of Transportation.
Mr. Schrier made a motion to adopt R2004-83; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution R2004-84
RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS,
NEW JERSEY, FOR THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE FOR PREMISES KNOWN
AS MENDHAM GOLF AND TENNIS CLUB COMMENCING JULY 1, 2002
WHEREAS, application for the renewal of a Club License has been made by
Mendham Golf and Tennis Club, for premises located at Golf Lane, Township of
Mendham, the period of such renewal to commence on July 1, 2002; and
WHEREAS, the applicants have complied with all of the requirements of the
New Jersey Alcoholic Beverage Act, as amended and supplemented, and Section 7-3,
Alcoholic Beverage Control, of Chapter VII, Licensing, of the Revised General
Ordinances of the Township of Mendham, 1970, as amended and supplemented,
including the submission of the appropriate license fee; and
WHEREAS, no objections to the renewal of said license have been received.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in
the
County
of
Morris
,
New
Jersey
, as
follows:
1.The Township Clerk is hereby authorized and directed to issue and
deliver the Club License in the form approved by the New Jersey Division of
Alcoholic Beverage control for the year commencing July 1, 2002 and terminating
June 30, 2003 to Mendham Golf and Tennis Club for premises situate on Golf Lane,
Township of Mendham (License No. 1419-31-002-002).
2. A certified copy of this
Resolution shall be forwarded by the Township Clerk to Mendham Golf and Tennis
Club.
3. Certified copies of this Resolution shall be forwarded by the Township
Clerk to the New Jersey Division of Alcoholic Beverage Control and to the State
Department of Taxation and Finance,
Newark
,
New Jersey
, for
their information and guidance.
Mr. D’Emidio made a motion
to adopt R2004-84; Mr. Krieg seconded the motion.
ROLL CALL – All present
voted YES.
9.
R2004-85
RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS,
NEW JERSEY, FOR THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE FOR PREMISES KNOWN
AS MENDHAM GOLF AND TENNIS CLUB COMMENCING JULY 1, 2004
WHEREAS, application for the renewal of a Club License has been made by
Mendham Golf and Tennis Club, for premises located at Golf Lane, Township of
Mendham, the period of such renewal to commence on July 1, 2004; and
WHEREAS, the applicants have complied with all of the requirements of the
New Jersey Alcoholic Beverage Act, as amended and supplemented, and Section 7-3,
Alcoholic Beverage Control, of Chapter VII, Licensing, of the Revised General
Ordinances of the Township of Mendham, 1970, as amended and supplemented,
including the submission of the appropriate license fee; and
WHEREAS, no objections to the renewal of said license have been received.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in
the
County
of
Morris
,
New
Jersey
, as
follows:
1.The Township Clerk is hereby authorized and directed to issue and
deliver the Club License in the form approved by the New Jersey Division of
Alcoholic Beverage control for the year commencing July 1, 2004 and terminating
June 30, 2005 to Mendham Golf and Tennis Club for premises situate on Golf Lane,
Township of Mendham (License No. 1419-31-002-002).
2. A certified copy of this
Resolution shall be forwarded by the Township Clerk to Mendham Golf and Tennis
Club.
3. Certified copies of this Resolution shall be forwarded by the Township
Clerk to the New Jersey Division of Alcoholic Beverage Control and to the State
Department of Taxation and Finance,
Newark
,
New Jersey
, for
their information and guidance.
Mr. D’Emidio made a motion to adopt R2004-85; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
10. Resolution R2004-86
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. Schrier made a motion to adopt R2004-86; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
11. Resolution
R2004-87
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit
to have made an annual audit of its books, accounts and financial transactions;
and
WHEREAS, the Annual Report of Audit for the year 2003 has been filed by a
Registered Municipal Accountant with the Municipal Clerk as per the requirements
of N.J.S. 40A:5-6, and a copy has been received by each member of the governing
body; and
WHEREAS, the Local Finance Board of the State of New Jersey is authorized
to prescribe reports pertaining to the local fiscal affairs, as per R.S.
52:27BB-34; and
WHEREAS, the Local Finance Board has promulgated a regulation requiring
that the governing body of each municipality shall by resolution certify to the
Local Finance Board of the State of New Jersey that all members of the governing
body have reviewed, as a minimum, the sections of the annual audit entitled:
GENERAL COMMENTS
RECOMMENDATIONS
and
WHEREAS, the members of the governing body have personally reviewed as a
minimum the Annual Report of Audit, and specifically the section of the Annual
Audit entitled:
GENERAL COMMENTS
RECOMMENDATIONS
as evidenced by the group affidavit form of the governing
body; and
WHEREAS, such resolution of certification shall be adopted by the
governing body no later than forty-five days after the receipt of the annual
audit, as per the regulations of the Local Finance Board; and
WHEREAS, all members of the governing body have received and have
familiarized themselves with, at least, the minimum requirements of the Local
Finance Board of the State of New Jersey, as stated aforesaid and have
subscribed
to the affidavit, as provided by the Local Finance Board;
and
WHEREAS, failure to comply with the promulgations of the Local Finance
Board of the State of New Jersey may subject the members of the local governing
body to the penalty provisions of R.S. 52:27BB-52 - to wit: R.S. 52:27BB-52 -
“A local officer or member of a local governing body who, after a date fixed
for compliance, fails or refuses to obey an order of the director (Director of
Local Government Services), under the provisions of this Article, shall be
guilty of a misdemeanor and, upon conviction,
may be fined not more than one thousand dollars ($1,000.00) or
imprisoned for not more than one year, or both, in addition shall forfeit
his office.”
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Township of
Mendham, hereby states that it has complied with the promulgation of the Local
Finance Board of the State of New Jersey dated July 30,1968 and does hereby
submit a certified copy of this resolution and the required affidavit to said
Board to show evidence of said compliance.
Mr. Schrier made a motion to adopt R2004-87; Mr. D’Emidio
seconded the motion.
ROLL CALL – All present voted YES.
ADMINISTRATOR REPORT
Mr. Mountain will report on several matters in closed
session.
The Committee noted recent concerns about the number of
real estate signs, vehicles for sale, and trash receptacles left at curbside.
Mr. Clapp noted that the zoning ordinance addresses real estate signs.
Mr. Mountain was instructed to draft a letter to local realtors regarding
the regulations.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
NJSLOM/Mayors Fax Advisory (6)
2.
APWA/Nominations
3.
NJDEP/Green Acres Funding Obligations
4.
NJSLOM/Legislative Viewpoint (2)
5.
Freeholders/Appoval for Street Closing 7/6/04-9/6/04
6.
Borough of Chester/Thanks for loan of bucket truck
7.
Great Swamp WMC/Stormwater Regulations
8.
DAWN, Inc./ADAAG regulations for parking spaces
LEGISLATIVE REPORT
Mayor Pierson noted a
flurry of correspondence from the League regarding the Highlands legislation.
Mr. Schrier said the County has recently completed an analysis and will
forward it to the municipalities.
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 8:53 p.m.
John M. Mills, III, Attorney for the Board of Adjustment,
briefed the Committee regarding the Petition to the Supreme Court.
Matters regarding the lease of apartments at the India Brook Park were
discussed. Several personnel matters
were reviewed.
Upon motion duly made and seconded the Committee returned
to open session at 10:30 p.m.
There being no other matters to come before the Committee,
upon motion duly made and
seconded the meeting adjourned at 10:31 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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