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MINUTES – MENDHAM TOWNSHIP COMMITTEE May 23, 2006 Mayor Krieg called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Mr.
Phelan,
Mr. Schrier, Ms. Florek
Absent:
Also Present: Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Krieg 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 6 2006; Notice was posted on
the bulletin board in Township Offices and Notice was filed with the Clerk on
January 6, 2006.” APPROVAL OF MINUTES
OLD BUSINESS 1. Ordinance
14-2006 / Second ORDINANCE AMENDING CHAPTER XVI OF THE LAND USE ORDINANCE OF THE 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. Mr. Phelan made a motion to adopt Ordinance 14-2006; Ms. Florek seconded
the motion. ROLL CALL – All present voted YES. 2. Ordinance 17-2006 / Second
AN ORDINANCE OF THE TOWNSHIP OF MENDHAM IN THE COUNTY OF MORRIS, NEW JERSEY TO AMEND THE PROVISIONS FO THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM PERTAINING TO THE DELINEATION OF CONSERVATION EASEMENTS, WETLANDS AND WETLAND TRANSITION AREAS 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. Mr. Pierson made a motion to adopt Ordinance 17-2006; Ms. Florek seconded
the motion.
ROLL CALL – All present voted YES. 3. Ordinance
18-2006 / Second AN ORDINANCE FIXING THE SALARIES OF CERTAIN OFFICERS AND
EMPLOYEES OF THE 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. Mr. Phelan made a motion to adopt Ordinance 18-2006; Mr. Schrier seconded
the motion.
ROLL CALL – All present voted YES. 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. Kathryn Mantell of Nisivoccia and Co., Auditors, gave the Committee an overview of the 2005 Audit recently completed. She noted that the Township is in good fiscal condition and everyone is very receptive to recommendations. She noted that funds advanced for the municipal complex project have been returned to the current fund, the large increase in municipal court fees and the loan to the Township for the Mendham East Wastewater Treatment Plant improvements. Resolution R2006-74 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 2005 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
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 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. Ms. Florek made a
motion to adopt R2006-74; Mr. Pierson seconded the motion. ROLL CALL – All
present voted YES. 2.
Presentation by Suburban Consulting / India Brook Park Field Preliminary
Design: Present for Suburban
Consulting was Andrew Holt and also present was Jeanne Montemarano, Recreation
Director and John McKeon and Amalia Duarte of the Recreation Commission. Mr. Mountain said
that two meetings have been held with adjacent property owners as well as the
groups that would be using the proposed field.
He said this is a preliminary design and certain elements are still being
researched. Amalia Duarte,
Recreation Commission, noted that she also serves on the Board of Directors of
the Mendham Soccer Club. John McKeon,
Recreation Commission, said he has been involved in coaching football and
lacrosse. Mr. McKeon
presented the schedule of field use from last fall, as an example. He noted in
the fall soccer program there were 350 participants. Ms. Montemarano
said there are 8 fields in the Township and 5 in the Borough and they are used
for fall sports from late August through late November.
She indicated that Franklin Field in the Borough is used by the high
school for the entire fall season. Mr. Phelan asked
if any of the fields are used for football.
Mr. McKeon said the fields behind the high school are used for football.
Mr. Phelan said there had been an issue relative to the use of the high
school fields and he is hoping that those fields will always be made available
because if they lose the use of the high school fields there will be no football
programs. He said they must remain
strong and encourage the use of the high school fields. Mr. McKeon said
the spring soccer season also shows full usage of the field and all are being
heavily used. He said it would be
ideal to let each field rest every two seasons for a season and the whole system
in being strained by excessive usage. Mr.
Schrier noted that the original plan for the Ralston Field was to rest the
fields. Mr. Phelan asked
about the distribution of fields including the Township, Borough and Mr. Mountain said
the leadership of the four communities will be coming together to discuss this
issue and they need to establish a continuity of meetings.
He said Mendham and Mr. Schrier noted
that Ms. Florek asked
if the field maintenance is done by the DPW of the municipality in which the
field is located. Ms.
Montemarano replied that it is. Mayor Krieg asked
which was the last field built. Ms.
Montemarano replied that would be the Ralston field about 8-9 years ago.
He asked if Little League uses those fields.
Ms. Montemarano said some of the fields are used for baseball in the
spring. Ms. Duarte urged
the Committee to take the needs of the children into consideration when making
decisions about the fields. Mr. Phelan noted
that baseball fields are not being proposed for India Brook.
Mr. Mountain said there is an additional field at Ralston for baseball.
Mr. Schrier asked
about resting baseball fields. Mr.
McKeon said that is not necessary, however, he said if any fields go off line
for repair a serious issue occurs for the other fields.
He said two fields are needed at India Brook Park. Andrew Holt,
Suburban Engineers, said his firm has been engaged by the Township for the
conceptual and ultimate design. They
have done field investigations, test pits and work sessions with representatives
of the Township. He described the
site, noting 50 parking spaces per field as a rule of thumb.
The circulation plan is a clockwise flow through both proposed parking
lots. Mr. Pierson asked
if any thought had been given to moving one field to the far end of the property
where it is relatively flat and leaving the road in its present configuration to
look at the cost savings. Mr. Holt
said this plan is consistent with the direction given for the overall site plan.
Mr. Pierson said he is in favor of the large field shown on the plan but
disappointed that no baseball diamond is included.
He said if reconfigured, it might be more costly but there might be some
benefits. Mr. Holt said they
are just getting to the design stage now and there are options to be considered.
The plan to co-locate the play and spectator areas for both fields and it
would be about 600’ from the furthest parking spot to the lower field.
Mr. Pierson asked if it was a bother that the traffic flow goes right
through the parking area and he also suggested using gravel rather than asphalt
for less impervious surface. Mr.
Holt said they could consider gravel, but they were challenged with the change
in grade and to design a bio-swale to capture and relocate water. Ms. Florek asked
about the size of the second field. Mr.
Pierson said it would be nice to have the larger one because they could have
three games sideways. Ms.
Florek asked what the cost difference would be for a smaller vs larger field.
Mr. Holt said the flatter area would be less costly, but he hasn’t explored
the back of the site. Mr. Pierson
said it would be a lot less cut and fill. Mr.
Pierson said that it could be less costly to do all at one time.
He said there is a huge open field past the kennel area.
Ms. Montemarano said they were directed by the master plan process not to
use that area that was to be designated as a passive area by the open space
committee. Mr. Mountain said
it is important to understand one of the comments on the plan as presented to
the neighbors was about the great amount of cut and fill and the esthetics of
the entrance to the site. Mr.
Mountain said another concern was the proximity of the lower field and the
method of irrigating the fields. Mr. Phelan said it
looks at though the options and concern about parking would go away if the less
obtrusive area were used. Mr. Pierson said
the area at the top of the site is heavily treed and he is reluctant to go with
a great amount of paving and they should be good stewards of the land.
He said there is a huge decrease in the amount of water used as compared
to the use by the Seeing Eye. He
also suggested thinking about a cistern. Mr. Schrier said
the Mayor Krieg said
it would be negligent to not look at the other field at the top of the site,
where the concentration of noise would be away from neighbors.
He also said they need an idea of location and placement of a
sleigh-riding hill. Mr. Schrier
suggested that Mr. Holt prepare some recommendations for the Township regarding
the use of the backfield area. Ms.
Montemarano said the Recreation Commission thought that location would be
appropriate. Ms. Florek asked
Mr. Holt to come back to the Township Committee with parameters of the change in
field position and parking. Mayor Krieg said
the residents in the area would like it better with more privacy for their
property. Mr. Holt agreed to
come back to the Township with a reconfigured plan.
Mr. Schrier asked about a timeframe.
Mr. Holt said they could bid the project this summer with construction in
the fall. Mr. Phelan asked
about the budget. Mr. Mountain said
$550,000 has been appropriated. 3.
Resolution R2006-67 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
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 Matters relating
to:
[x] personnel
[x] 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 R2006-67; Mr. Pierson seconded the motion. ROLL CALL – All
present voted YES. 4.
Resolution R2006-71
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR BROOKSIDE BEACH STAFF FOR 2006
BE IT RESOLVED by the Township Committee of the
Beach Director Kelly Sansone $6,800/season Concession Manager Mary Amoling $3,200/330 hrs/11 wks; $10.00/hr any time Lifeguards: Keely Brewster $8.75/hr Elise Mendelsohn $8.50/hr Jordan Brewster $9.00/hr Jessie Mills $8.50/hr Kristina Brown $8.75/hr Kendall Murray $8.75/hr Abbey Coleman $8.75/hr Allison Pennella $9.25/hr Michael Gomeringer $9.00/hr Kimberly Pennella $8.75/hr Andy Eskeland $8.50/hr Justin Schneider $8.50/hr Max Fawcett $8.50/hr Brian Shaw $8.50/hr Alexandra Gerity $8.50/hr Devin Staples $8.75/hr Tim Hains $8.75/hr Amanda Thomas $8.75/hr
Mike Kessler
$8.75/hr
Swim Team Coaches: Kendall Murray $1,800/season Kyla Dambach $1,800/season Swim Lesson Director Lisa Pennella $750/season Instructors: Allison Pennella $10.75/hr Kim Pennella $10.00/hr
Concession Stand Cashiers: Jessica Button $6.75/hr Erin Brown $6.75/hr Lauren Yee $6.75/hr Mr. Schrier made a
motion to adopt R2006-71; Ms. Florek seconded the motion. ROLL CALL – All
present voted YES. 5.
Resolution R2006-72 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING CERTAIN EMPLOYEES TO TRANSFER ESCROW FUNDS BETWEEN ACCOUNTS HELD IN THE FIRST MORRIS BANK WHEREAS, the administration of escrow accounts in connection with applications to the Township Planning Board, Board of Health and Zoning Board of Adjustment are maintained by the Finance Department; and WHEREAS, in the course of maintaining these escrow accounts it becomes necessary to transfer funds from one sub-account to another.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Ms. Florek made a motion to adopt R2006-72; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 6. Resolution R2006-73 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, an emergent condition has arisen with respect to the introduction and adoption of the 2006 budget and the expiration of initial temporary budget appropriations and no adequate provision has been made in the 2006 temporary appropriations for normal operating expenses past April 30, 2006; and WHEREAS, N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and WHEREAS, the total emergency temporary resolution adopted in the year 2006 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $4,287,118.76. NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that, in accordance with the provisions of N.J.S. 40A:4-20, as follows 1. An emergency temporary appropriation be and the same is hereby made for:
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