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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

August 8, 2005

 

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

 

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

                                                                        Mr. Schrier, Ms. Florek

 

                                                 Absent:          Mayor Krieg

 

                                       Also Present:          Christopher Falcon, Esq., Township Attorney

                                                                        Stephen Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

 

SALUTE TO THE FLAG

 

Deputy 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 10, 2005; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 10, 2005.”

 

APPROVAL OF MINUTES  July 11 and 26, 2005 – Ms. Florek made a motion to approve these minutes as written;  Mr. Schrier 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

 

1.  Road vacation request from Irenes’ Spring Tree Farm.  Present for ISTF – Ed Trawinski, Craig Villa and Larry Irene.  Mr. Trawinski indicated that the Planning Board recommended the Township Committee give consideration to this request to vacate the cul-de-sac roadway originally planned to serve three lots in favor of a private drive to serve the one lot where Mr. Irene is building his home.   This change would reduce the number of trees to be removed and DEP endorsement has already been received.  Mr. Villa could extend the 16’ stabilized base to provide for emergency apparatus access and turn around and Mr. Trawinski said a deed restriction would be included to provide for the adjacent lots to have access from the main road rather than the originally planned cul-de-sac. 

 

Mr. Phelan made a motion to have an ordinance drafted for introduction at the September 12th meeting; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

2.  Ordinance 9-2005/ First Reading

 

an ordinance of the township of mendham , authorizing an emergency appropriation pursuant to n.j.s. 40a:4-53

 

Mr. Mountain explained that this ordinance is to finance a codification of Township ordinances that will include Land Use and Board of Health as well as the General Ordinances of the Township.

 

Mr. Schrier made a motion to adopt Ordinance 9-2005 upon first reading with second reading and public hearing to be scheduled for September 12, 2005 ;  Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 9-2005 is attached hereto and made a part hereof.

 

3.  Public Hearing on Application to Morris County Open Space Trust Fund

 

Mr. Mountain reported that an application has been submitted to the Morris County Open Space Trust Fund for funding towards the acquisition of portions of two lots that will connect India Brook Park with the India Brook Trail .  He noted that the Township is in negotiations with the owners of the two properties and this application is for $400,000 toward the acquisition that is anticipated to be $1,200,000.

 

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

 

4.  Resolution R2005-114

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE FILING OF AN APPLICATION TO THE MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND

 

            WHEREAS, the Morris County Open Space and Farmland Preservation Trust Fund provides grants to municipal and county governments for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

 

            WHEREAS, the governing body of the Township of Mendham , in the County of Morris , New Jersey , desires to further the public interest by obtaining a grant in the amount of $400,000 from the Morris County Open Space and Farmland Preservation Trust Fund to fund the following project:

 

            Acquisition of portions of Lots 67 and 69 in Block 116

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , being the governing body of said Township, as follows:

 

1.      Richard H. Krieg, Mayor of the Township of Mendham , in the County of Morris , New Jersey , is authorized to:

 

a.      make application for such grant;

b.      provide additional application information and furnish such documentation as may be required;

c.      act as the authorized correspondent of the Township of Mendham ; and

d.      execute agreements with the Morris County Open Space and Farmland Preservation Trust Fund if the grant is awarded to the Township.

 

2.      Furthermore, the governing body of the Township of Mendham , in the County of Morris , New Jersey , resolves that if the grant award is less than the amount requested, it has the ability and intention to provide the necessary funds for completion of the approved projects.

 

Mr. Phelan made a motion to adopt R2005-114; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

5.  Resolution R2005-115

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , EXTENDING THE APPOINTMENT OF THOMAS LEMANOWICZ AS TOWNSHIP ENGINEER

 

            WHEREAS, Resolution R2005-95 adopted June 26, 2005 extended the appointment of Thomas Lemanowicz to the position of Township Engineer to August 31, 2005; and

 

            WHEREAS, the Township Committee agrees that the appointment be further extended until December 31, 2005 .

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that the appointment of Thomas Lemanowicz to the position of Township Engineer be extended until December 31, 2005 .

 

Mr. Schrier made a motion to adopt R2005-115; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

6.  Resolution R2005-116

 

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 R2005-116; Mr. Schrier seconded the motion.

 

ROLL CALL – All present voted YES.

 

7.  Resolution R2005-117

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OR MORRIS, NEW JEREY, AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE BOROUGH OF MENDHAM

 

            WHEREAS, the Township of Mendham and the Borough of Mendham desire to enter into an Interlocal Services Agreement with respect to the joint purchase and use of a Mendham Area Senior Housing (MASH) bus; and

 

            WHEREAS, the Chief Financial Officer of the Township has certified that funds are available for this purpose; and

 

            WHEREAS, municipalities are permitted to enter into such agreements pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.

 

            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 Mayor and Township Clerk are hereby authorized to execute an Interlocal Services Agreement between the Township of Mendham and the Borough of Mendham for the joint purchase and use of a Mendham Area Senior Housing (MASH) bus.

 

2.      A copy of the Agreement is on file in the office of the Township Clerk for inspection by the public.

 

This Resolution shall take effect immediately.

 

Mr. Schrier made a motion to adopt R2005-117; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

8.  David Betz and David Merritt were recognized as senior members of Brookside Engine Co.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain reported that discussions are taking place with the architect and subcommittee for the emergency services building.  They will be proceeding with the first draft of the design.

 

2.  Mr. Mountain reported that he received four proposals for the India Brook field design project.  He suggested Ms. Florek, as recreation liaison along with Mr. Brewster, recreation chair, review the proposals and invite the finalists in for a presentation to the Township Committee.  He said a recommendation for a contract should be ready for the Township Committee in September.

 

3.  The Township Committee has agreed to cancel the August 23, 2005 meeting.

 

OPEN ITEMS LIST

 

The Open Items List was reviewed and updated.

 

CORRESPONDENCE

 

  1. NJLM Mayors Fax Advisory (6)
  2. NJLM Washington Watch (2)
  3. Notice of Public Hearing/Borough Board of Adjustment/New Cingular Wireless
  4. Notice of Public Hearing/Township Board of Adjustment/14 Trimmingham Court
  5. Board of Freeholders/Resolution re Deer Populatin
  6. B. Danforth Ely/Speed Limit on Mosle Road
  7. Borough of Mendham/Invitation to Labor Day Parade
  8. Congressman Frelinghuysen/Patriot Act

 

The Police Chief will be asked to look at the request in item #6. 

 

LEGISLATIVE REPORT

 

Mr. Pierson will draft a letter to Congressman Frelinghuysen regarding the Communications Act.

 

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 8:35 p.m.  Several personnel matters were discussed.  Mr. Mountain updated the Committee regarding the proposals received for the police headquarters design project.  Mr. Falcon reviewed pending litigation.

 

Upon motion duly made and seconded the Committee returned to open session at 9:27 p.m.

 

Ms. Florek noted that the Township volunteer/employee Holiday Party is scheduled for December 17, 2005 at the Brookside Community Club. 

 

Ms. Florek suggested that the Committee look into offering commemorative bricks in support of the new firehouse.  The other Committee members present asked Ms. Florek to contact Brookside Engine Co. for their thoughts on her idea.

 

Mr. Phelan made a motion to proceed with a contract with EI Mylan for the police headquarters design; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

There being no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 9:32 p.m.

 

Respectfully submitted:

 

Penny Newell, Township Clerk

 

Attachments:

Approved Bill List

Ordinance 9-2005

ORDINANCE 9-2005

 

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM, AUTHORIZING AN EMERGENCY APPROPRIATION PURSUANT TO N.J.S. 40A:4-53

 

            BE IT ORDAINED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) as follows:

 

1.       Pursuant to the provisions of N.J.S.A. 4-53 the sum of Seventeen Thousand Dollars ($17,000) is hereby appropriated for the Preparation of a Revision and Codification of Ordinances and shall be deemed a special emergency appropriation as defined and provided for in N.J.S.A. 40A:4-55.

 

2.       Pursuant to the provisions of N.J.S.A. 40A:4-55 the appropriation authorized by Section 1 of this Ordinance shall be provided for in succeeding annual budgets of the Township, and at least one fifth of the amount authorized by Section 1 shall be included in each annual budget commencing with the annual budget for the year 2006 and in each year thereafter until the appropriation has been provided for fully.

 

3.      Upon final adoption, a certified copy of this Ordinance shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.

 

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