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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

January 23, 2007

 

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

 

ROLL CALL                           Present:         Mayor Florek, Mr. Phelan, Mr. Schrier,

Mr. Krieg, Mr. Cioppettini

 

                                                 Absent:         

 

                                       Also Present:          Stephen P. Mountain , Township Administrator

Christopher Falcon, Esq., Township Attorney

                                                                        Penny Newell, Township Clerk

 

SALUTE TO THE FLAG

 

Mayor Florek 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 Meetings11, 2007; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 11, 2007.”

 

APPROVAL OF MINUTES  - .January 6 & 8, 2007 – Mr. Schrier made a motion to approve these minutes as written;  Mr. Phelan seconded the motion.  ROLL CALL – All present voted YES.

 

OLD BUSINESS

 

1. Ordinance 1-2007 – Second Reading and Public Hearing

 

ordinance reappropriating $55,000 proceeds of obligations not needed for their original purposes in order to provide for the acquisition of 911 radios for and by the township of mendham , in the county of morris , new jersey

 

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. Schrier made a motion to adopt Ordinance 1-2007; Mr. Krieg seconded the motion.

 

ROLL CALL – All present voted YES.

 

2.  Ordinance 2-2007 – Second Reading and Public Hearing

 

ordinance reappropriating $196,000 proceeds of obligations not needed for their original purpose in order to provide for project management and project oversight fees for the emergency services builidng for and by the township of mendham , in the county of morris , new jersey

 

Mr. Phelan asked for an explanation of project oversight fees.  Mr. Mountain said Phase 2 of the contract with the construction management company provides for on-site project management on a five-day a week basis and this appropriation will fund that portion of the project.

 

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. Schrier made a motion to adopt Ordinance 2-2007; Mr. Krieg seconded the motion.

 

ROLL CALL – Mr. Krieg, Mr. Schrier, Mr. Cioppettini and Mayor Florek voted YES; Mr. Phelan voted NO.

 

3.  Mr. Schrier said he has been asked about using the Ralston Firehouse as a polling place.  He contacted the president of Ralston Engine Company who provided Mr. Schrier with concerns the members have about using the firehouse as a polling place.  The concerns are:  security of fire trucks left outside unattended for more than 12 hours, parking for responding firefighters and first aider and the danger of voters parking along Mendham Road West .  Mr. Schrier was able to ascertain that the concerns could be adequately addressed and his recommendation is that the Ralston firehouse be designated as the district #2 polling place.  It was agreed that it be tried out for the next election.

 

4.  Mr. Phelan noted that a meeting has been scheduled for tomorrow, January 24, with representatives of the Mendhams and the Chesters to discuss recreation facilities.  He credited former Mayor Krieg with beginning this process of looking at recreational needs cooperatively.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.

 

Patricia Zimmerman, West Main Street :  noted her recent letter regarding landscaping at the municipal building and she hopes the Committee will act favorably on her request to be involved with the landscaping portion of the emergency services building project.  Mr. Mountain noted that there is a preliminary design associated with the project.  The Committee agreed that Mrs. Zimmerman’s request be granted.

 

No others asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

NEW BUSINESS

 

1.  Discussion of Mayors Climate Protection Agreement.  Sarah Dean Link and Ralph Rhodes, co-chairs of the Environmental Commission, were present for this discussion.  The EC has previously asked the governing body to consider adopting the agreement and at that time the governing body decided not to take action on this issue.  Mr. Rhodes discussed the implications of global warming and the need to conserve for future generations.   Mr. Rhodes said this agreement was developed in 2005 by the mayor of Seattle and the Kyoto agreement for a reduction of greenhouse gases is not part of this climate protection agreement.  He noted several municipalities in Morris County that have adopted the agreement and the Township EC recommends adoption and the undertaking of individual programs.  Mr. Phelan said there are some things in the model ordinance that would be appropriate to modify, and the Township Committee agreed that they would not support an agreement that referenced the Kyoto agreement, but would prefer to endorse an agreement that could be specific to the interests of Mendham Township .    The Committee agreed that they would be willing to take a look at an agreement that has no reference to the Kyoto agreement.

 

Mr. Krieg said he was very impressed with the annual report submitted by the Environmental Commission and thanked Mrs. Link and Mr. Rhodes for all the hard work done by the EC.  Mr. Phelan agreed, noting the report contains five pages of accomplishments and he thinks the press should look at it to get a sense of what volunteers do for the community.

 

2.  Resolution R2007-21

 

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/appointments to boards, commissions, committees/Tax Assessor

[x]  contract negotiations/Emergency Communications; Joint Library

[x]  acquisition of property/Police Headquarters

[x]  litigation/ Keegan

               

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 R2007-21; Mr. Cioppettini seconded the motion.

 

ROLL CALL – All present voted YES.

 

3.  Resolution R2007-22

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58

 

            WHEREAS, there appears to be insufficient funds in the following 2006

appropriations to meet the demands thereon for the balance of the year:

 

                        TO:      Administration                         OE

                                    Fire Department                      OE

                                    Engineering                             OE

                                    Legal / Labor                           OE

                                    Utilities & Bulk /Telephone      OE

                                    Legal / General                        OE

                                                                       

            WHEREAS, there appears to be a surplus in the following 2006 appropriations over and above the demand deemed to be necessary for the balance of the year:

 

                  FROM:      Streets and Roads                  SW

                                                                                                                                               

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands.

 

            BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers:

 

     TO:                         Administration OE                                           $ 1,500.00

                                    Fire Department OE                                          9,400.00

                                    Engineering  OE                                                7,000.00

                                    Legal / Labor OE                                                1,000.00

                                    Utilities & Bulk /Telephone  OE                             500.00                  

                                    Legal / General  OE                                           8,000.00                              

                                    Total                                                              $27,400.00

 

   FROM:                     Streets and Roads SW                                  26,000.00      

                                    Streets and Roads OE                                      1,400.00

 

                                    Total                                                              $27,400.00

 

                        A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer.

 

Mr. Phelan made a motion to adopt R2007-22; Mr. Krieg seconded the motion.

 

ROLL CALL – All present voted YES.

 

4.   Resolution R2007-23

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING REFUND OF TAX OVERPAYMENT

 

            WHEREAS, a tax overpayment had been made in 2004 on a certain property in the Township of Mendham .

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby, directed to refund the following amount as indicated:

 

Block/Lot                                             Owner                                                 Amount

 

139/4                                       c/o Leslie E. Silver, Esq.                                 $1,439.10

 

 

Mr. Krieg made a motion to adopt R2007-23; Mr. Schrier seconded the motion.

 

ROLL CALL – All present voted YES.

 

5.  Resolution R2007-34

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY,AUTHORIZING REFUND FOLLOWING SETTLEMENT OF COUNTY TAX APPEAL

 

            WHEREAS, appeals were filed with the County of Morris by the owners of the following properties with regard to added assessments.

 

            NOW, THEREFORE, BE IT RESOLVED  by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby directed, to refund the following:

 

Block/Lot                     Name                                                  Amount of Refund

 

118/41                         Elaine Mennen                                    $   731.28

100/34.02                    Michael and Kerri Purdy                      $2,425.72

116/34                         K.W. Loh and Doreen H. Chung         $   651.21

 

Mr. Phelan made a motion to adopt R2007-24; Mr. Cioppettini seconded the motion.

 

ROLL CALL – All present voted YES.

 

6. Resolution R2007-25

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING INTERLOCAL SERVICES AGREEEMENT WITH THE COUNTY OF MORRIS FOR COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT

 

            WHEREAS, the Township of Mendham has a need for the use of the County’s Computer Aided Dispatch / Records Management System; and

 

            WHEREAS, the County of Morris shall make the service available to the Township on a continuous 24-hour per day basis commencing January 1, 2007 through December 31, 2007 for the sum of $1.00

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, to authorize the Mayor to sign and the Clerk to attest the 2007 Interlocal Agreement for Computer Aided Dispatch / Records Management between the Township of Mendham and the County of Morris.

 

Mr. Phelan made a motion to adopt R2007-25; Mr. Krieg seconded the motion.

 

ROLL CALL – All present voted YES.

 

7.  Resolution R2007-27

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY, AUTHORIZING EXECUTION OF INTERLOCAL SERVICES AGREEMENT WITH THE COUNTY OF MORRIS FOR RADIO DISPATCHING SERVICES

 

            WHEREAS, the Township of Mendham has a need for radio dispatching services and the County of Morris has the ability to make the service available; and

 

            WHEREAS, the County of Morris has provided a proposal to the Township of Mendham to provide radio dispatching services; and

 

            WHEREAS, the Township Committee has reviewed the proposed Agreement and believe that entering into said Agreement is in the best interest of the Township of Mendham .

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that the aforesaid Interlocal Services Agreement for Radio Dispatching Services between the Township of Mendham and the County of Morris , a copy of which is attached hereto, be accepted and that the Mayor and Township Clerk are hereby authorized to execute said Agreement.

 

Mr. Schrier made a motion to adopt R2007-27; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain reported on the status of the emergency services building project.  He said buried debris has been encountered  and the laterals for the septic system were hit.  The water that accumulated in the construction site has been pumped out and backfill was applied.  The laterals were capped and regular pumping of the system will be necessary.  He said these were not major issues.  He said footings will be poured tomorrow.  He also noted that regular weekly construction meetings will be held until he feels that would no longer be necessary.

 

2.  Mr. Mountain reviewed an ongoing issue regarding drainage associated with the KHovnanian subdivision that has caused concern for some Drakewick residents.  He said there is no evidence of surface water and the Township Engineer will work in conjunction with the developer to make sure there are no further problems.

 

Mr. Phelan stated that he would like the public to be aware that the Township Committee will begin their budget meetings on January 31st and he encourages public participation.

OPEM ITEMS LIST

 

The Open Items List was reviewed an updated.

 

CORRESPONDENCE

 

LEGISLATIVE REPORT

 

Mr. Krieg referred to the legislature’s proposals for savings and the only things he thinks have viability is the 4% CAP on municipalities and school districts and the forcing of smaller districts together.  He also noted that if municipalities vote not to merge they will not be penalized.  He said he would be in favor of a 4% CAP if the state went for a 6% CAP.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.

 

Marian Koste, 92 Ironia Road :  said she is very satisfied with the Township Committee’s budget process and would like to see candidates that are running for office attend the budget meetings.

 

No others 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 8:44 p.m.

 

Police Chief Costanza was present to discuss the upcoming promotion process in the Police Department.  Following that discussion Chief Costanza left the meeting at 8:54 p.m.   Mr. Krieg updated the Committee on the joint library.   Mr. Falcon reviewed the Keegan litigation  Mr. Mountain updated the Committee regarding  the Township Engineer and Environmental Consultant visiting a potential site for a police headquarters, noting that an appraisal is being done with a report expected in 4-5 weeks.   Mr. Mountain reviewed the resume of a candidate for the position of Tax Assessor.  The Committee discussed appointments to several boards and committees to fill vacancies.

 

Upon motion duly made and seconded the Committee returned to open session at 9:58 p.m.  The following resolution was offered:

 

R2007-26

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING SCOTT HOLZHAUER TO THE POSITION OF TAX ASSESSOR

 

            WHEREAS, a vacancy has occurred in the office of the Tax Assessor; and

 

            WHEREAS, Scott Holzhauer has applied for the position and it is the recommendation of the Township Administrator that Scott Holzhauer be appointed to the position.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that Scott Holzhauer be appointed to the position of Tax Assessor for the Township of Mendham effective January 15, 2007 through June 30, 2007, at an annual salary of $20,000.   The position is for a minimum of 20 hours per week and does not provide health benefits to the employee.

 

Mr. Schrier made a motion to adopt R2007-26; Mr. Cioppettini seconded the motion.

 

ROLL CALL – All present voted YES.

 

With no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:00 p.m.

 

 

Respectfully submitted:

 

 

 

Penny Newell, Township Clerk

 

 

Attachments:

 

Approved Bill LIst

 

 

 

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