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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
January 24, 2006
Mayor Krieg called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Krieg, Mr. Pierson,
Mr. Schrier, Ms. Florek
Absent:
Mr. Phelan
Also Present:
Stephen
Mountain
, Township Administrator
Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor 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 – December 12, 20,
28, 2005 and January 3, 9, 17, 2006 – Mr. Schrier made a motion to approve
these minutes as written; Mr. Pierson seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
ordinance to regulate
the prompt removal of solid waste and solid waste containers from curbside
following the date for scheduled collection and disposal thereof and
supplementing chapter xxxi of the mendham townhsip ordinance code entitled
“solid waste management”
Upon motion duly made and seconded the meeting was opened
to the public.
Debbie Faiello,
2 Hamilton Drive
: asked if “white goods” would
be included as solid waste. It was
clarified that white goods and bulky trash would be included and regulated by
this ordinance. Ms. Faiello said she
supports this ordinance.
Susan Salisbury,
Hamilton Drive
: said she supports this ordinance,
adding that it is unfortunate that it is necessary.
She asked about amending the ordinance to regulate the timeframe for
displaying holiday decorations on homes.
The Committee did not want to include such an amendment.
No one else 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 1-2006; Ms.
Florek 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.
George McKinnell,
28 W. Main Street
: asked if there would be discussion
following the presentation regarding the firehouse design.
The Committee agreed that the meeting would be opened to the public for
discussion following the presentation.
No others asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
1. Presentation
–
Emergency
Services
Building
– Kurt Schmidt of Mylan Architects and Michael Wazny of EI Associates.
Mr. Pierson summarized the activities of the subcommittee,
noting that they are closing in on a final design that still has a few items to
be worked out.
Mr. Schmidt presented the design that has been prepared for
the building. He said the project
has been refined over the past several months with meetings of the subcommittee,
fire department representatives and the historic preservation committee.
The most recent drawing was distributed to the Committee as well as being
displayed for the benefit of the public. Mr.
Schmidt described the layout of both floors and also provided samples of the
material suggested for the siding. Mr.
Pierson noted that the area of simulated stone along the front of the building
is to protect that area of the building. Mayor
Krieg said comments were solicited from the historic preservation committee and
they did note that the stepped parapet would not match the clapboard exterior.
There are several styles of bay doors being considered.
Upon motion duly made and seconded the meeting was opened
to the public for comment on the building design.
George McKinnell, speaking on behalf of the fire
department: “after the last town meeting on January 9th I went to
the fire department meeting and relayed what had transpired here.
The company was upset that the antique Mack bay was being considered as
an alternative bid outside of the footings as a potential cost savings and might
not be done for several years. This
truck has been our pride and joy, has been used as a final ride for fellow
firefighters and as our first truck in parades.
We feel that it shouldn’t be squeezed into the back of the proposed
firehouse or neighboring garage where it could be easily damaged.
The potential savings now could easily be offset by higher labor and
maintenance costs. There could be
problems matching siding and colors, shingles tying into the existing building
and utilities. Most of us are local
taxpayers but feel that they should be in the base bid.
As was pointed out to me at the last meeting, alternative bids are a
means by which the solicitor, in this case the town, can get a feel as to how
the particular bidder is doing his bidding, whether he’s doing a square foot
price or is actually dividing up certain areas, first floor, second floor, etc.
The fire company really does want, we’re ok if it goes out as an
alternative, but we appreciate it if we had assurances that it would be
completed at the same time as the regular emergency building.
In regard to the truck and ambulance floors, the fire department would
like to know the cost differential of the epoxy vs the steel trowel floor.
We have voting, visitors, cub scouts and the firemen and first aiders
that use the floor daily, almost on a daily basis.
Steel trowel floors will absorb spills and oils and truck fluid
drippings, etc. whereas epoxy floors would not.
Lines could be painted in for guiding trucks and in the epoxy floors
there would be peeling, they would be easier to maintain and definitely safer.
That’s one of our main issues with the epoxy vs steel trowel floor,
it’s a safety issue. And we want
to is this savings is worth it and how much.
And finally, we are mostly in agreement on the elimination of the access
from West Main Street. If we do not
do this access it will save the trees, it will provide screening, it will keep
the value of the house next door which the town owns and it will save on the
cost of improvements and the maintenance of these improvements.
I would like to know, at some time also, if the architect had considered
the cost differential between the second floor and the first floor ceiling
coming in steel concrete vs wood? We
weren’t sure whether there was an issue as far a fire separation, etc. and
that might be the answer to that question.”
Mayor Krieg said he thought it was about a $50,000 premium
for the epoxy floor.
Mr. Pierson said the Committee’s job is to bring the
project in at a reasonable price and there are a number of things that the fire
department would like to have added and if they can be added at a reasonable
cost, they will. He said he would
like to see the addition for the Mack but they still have some cost questions
and they have to wait until the bids come in to see what will happen.
He said he hopes that the Committee has not been insensitive to the fire
company’s needs to this point and hopefully they will continue to work well
together. Mr. Pierson said he
understands that the fire company is in support of the design as presented.
Mr. McKinnell said that is correct.
Mr. Schrier said he would like to see the bay for the
antique truck added.
Mr. Pierson said they don’t have hard figures on the door
styles being considered. The barn
style doors are approximately each $5,000 more than the other styles that run
from $12-15,000 each.
Mayor Krieg said he would like to put an alternate in the
bid for the epoxy floor.
No others asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
2. Resolution
R2006-18 – held for later in the meeting
3. Resolution
R2006-19
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING TEMPORARY FINANCE
ASSISTANT
WHEREAS, a need has arisen for a temporary finance assistant in the
Finance Office of the Township; and
WHEREAS, Christine Rongo has applied for the position and it is the
recommendation of the Chief Financial Officer of the Township that she be
appointed temporary finance assistant at the rate of $20 per hour for
approximately fifteen hours per month.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, that Christine Rongo be appointed temporary finance assistant at the
hourly rate of $20.00 for approximately fifteen hours per month effective
January 24, 2006.
Ms. Florek made a motion to adopt R2006-19; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
4. Public
Hearing on USDA Rural Development Application.
Mr. Mountain explained that the Township is submitting an
application for a loan for the disposal bed project at the Mendham East
Wastewater Treatment. This federal
loan would enable repayment costs to be spread over 40 years vs 20 years at the
same rate of interest.
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.
5. Resolution
R2006-20
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING AGREEMENT WITH BOND
COUNSEL IN CONNECTION WITH THE TOWNSHIP’S APPLICATION FOR A UNITED STATES
DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT LOAN
WHEREAS, in connection with the submittal of an application for Federal
Assistance to the Rural Utilities Service and Waste Disposal Program for funding
for the Mendham East Wastewater Treatment Facility Disposal System Improvements,
the services of Andrea L. Kahn, Esq. of McManimon & Scotland, L.L.C. are
required; and
WHEREAS, Andrea L. Kahn, Esq.
has agreed to provide the necessary services in accordance with the provisions
of the Bond Counsel Agreement marked Appendix A as attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township
of Mendham, that the Mayor is hereby authorized to execute the Bond Counsel
Agreement between the Township of Mendham and Andrea L. Kahn, Esq. of McManimon
and Scotland, L.L.S.
Mr. Schrier made a motion to adopt R2006-20; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
6. Resolutions
R2006-21, 21a, 21b and 21c
R2006-21
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING TEMPORARY
APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment
or payments are to be made prior to the final adoption of the 2006 budget,
temporary appropriations may be made for the purpose and amounts required in the
manner and time therein provided; and
WHEREAS, the date of this resolution is within the first thirty days of
January, 2006; and
WHEREAS, the total appropriations in the 2005 Budget, exclusive of any
appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance, is the sum of $6,809,302.21; and
WHEREAS, 26.25% of the total appropriations in the 2005 budget, exclusive
of any appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance in said 2005 budget is the sum of
$1,787,441.83.
.
.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that the following
appropriations be made and that a certified copy of this Resolution be
transmitted to the Chief Financial Officer for her records.
(See Attached)
R2006-21a
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TEMPORARY
APPROPRIATION FOR DEBT SERVICE REQUIREMENTS
WHEREAS, N.J.S. 40A:4-19 provides authority for appropriating in a
temporary resolution the permanent debt service requirements for the coming
fiscal year providing that such resolution is not made earlier than December 20
of the year preceding the beginning of the fiscal year; and
WHEREAS, the date of this resolution is subsequent to December 19, 2005;
and
WHEREAS, principal and interest will be due on various dates from January
1, 2006 to December 31, 2006, inclusive, on sundry bonds issued and outstanding.
NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made
to cover the period from January 1, 2006 to December 31, 2006 inclusive:
DEBT SERVICE – TOWNSHIP OF MENDHAM
Payment of Bonds
$835,000.00
Interest on Bonds
$176,235.00
Interest on Notes
0
Payment of Bond Anticipation Notes
0
$1,011,235.00
DEBT SERVICE – OPEN SPACE
Payment of Principal – loans & bonds
$200,875.00
Interest on Bonds and Loans
$ 97,809.27
Interest on Notes
0
$298,684.27
DEBT SERVICE – SEWER UTILITY I
Payment of Principal and Interest on Bonds
$ 5,000.00
Interest on Bonds
1,213.75
Interest on Notes
52,400.00
Payment of Bond Anticipation Notes
0
$ 58,613.75
R2006-21b
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TEMPORARY
APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment
or payments are to be made prior to the final adoption of the 2006 budget,
temporary appropriations may be made for the purpose and amounts required in the
manner and time therein provided; and
WHEREAS, the date of this resolution is within the first thirty days of
January, 2006; and
WHEREAS, the total appropriations in the 2005 Budget, exclusive of any
appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance, is the sum of $187,500; and
WHEREAS, 26.25% of the total appropriations in the 2005 budget, exclusive
of any appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance in said 2005 budget is the sum of
$49,218.75.
.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that the following
appropriations be made and that a certified copy of this Resolution be
transmitted to the Chief Financial Officer for her records.
TEMPORARY APPROPRIATIONS – 2006
SEWER
SALARIES
OTHER EXPENSES
TOTAL
Sewer
0
$49,218.75
R2006-21c
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TEMPORARY
APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19
WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment
or payments are to be made prior to the final adoption of the 2006 budget,
temporary appropriations may be made for the purpose and amounts required in the
manner and time therein provided; and
WHEREAS, the date of this resolution is within the first thirty days of
January, 2006; and
WHEREAS, the total appropriations in the 2005 Budget, exclusive of any
appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance, is the sum of $76,000; and
WHEREAS, 26.25% of the total appropriations in the 2005 budget, exclusive
of any appropriations made for interest and debt redemption charges, capital
improvement fund and public assistance in said 2005 budget is the sum of
$19,950.00.
.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that the following
appropriations be made and that a certified copy of this Resolution be
transmitted to the Chief Financial Officer for her records.
TEMPORARY APPROPRIATIONS – 2006
SEWER II
SALARIES
OTHER EXPENSES
TOTAL
Sewer
0
$19,950.00
Ms. Florek made a motion to adopt R2006-21, 21a, 21b and
21c; Mr. Pierson seconded the motion.
ROLL CALL – All present voted YES.
7. Discussion
of Penalties for Municipal Ordinance Violations – Mr. Falcon explained that
recent legislation has raised the maximum penalty for violations of municipal
ordinances to $2,000. He indicated
that the Committee may, by ordinance, amend the current amount.
This will be discussed further in the future.
8. Discussion
of Pet Waste and Litter Control Ordinances.
Mr. Mountain said these model ordinances are the first of several that
will be required as part of the Stormwater Management Regulations. He said that
the Township’s current litter control ordinance may include most of what is
required by the model, however, the Township does not currently have a pet waste
ordinance.
9. Resolution
R2006-22
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE TOWNSHIP TAX COLLECTOR TO CANCEL
CERTAIN TAX OVERPAYMENTS AND DELINQUENCIES FOR 2005
WHEREAS, it is uneconomical to process certain tax overpayments and tax
delinquencies; and
WHEREAS, State of New Jersey Statutes permit the cancellation of
delinquencies and overpayments of less than $10.00 at the direction of the
governing body.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that the Tax Collector be and
is hereby directed to process, without further action of the part of the
governing body, the cancellation of any property tax overpayment of less than
$10.00 and any tax delinquency of less than $10.00 for the calendar year 2005.
Mr.
Schrier made a motion to adopt R2006-22; Ms. Florek seconded the motion.
ROLL
CALL – All present voted YES.
10.
Resolution R2006-23
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING NOREEN STAPLES TO THE
POSITION OF POLICE MATRON
WHEREAS, a need has arisen for a matron in the Mendham Township Police
Department; and
WHEREAS, Noreen Staples has applied for the position and the Chief of
Police has recommended the appointment of Noreen Staples to the position of
matron in the Mendham Township Police Department.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that Noreen Staples be
appointed to the position of matron in the Mendham Township Police Department at
the hourly rate of $14.85 at a minimum of four hours per call out effective
January 24, 2006.
Mr. Pierson made a motion to adopt R2006-23; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
11. Resolution
R2006-24
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
[
] 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. Schrier made a motion to adopt R2006-24; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
12. Resolution
R2006-25
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING SETTLEMENT OF CERTAIN
TAX APPEALS PENDING IN THE TAX COURT OF NEW
JERSEY WITH RESPECT TO 2005 REAL PROPERTY TAX ASSESSMENTS
WHEREAS, the owners of the following named properties instituted actions
in the Tax Court of New Jersey for purposes of appealing the 2005 real property
tax assessments against such properties; and
WHEREAS, after study and
consideration, the Township Tax Assessor has recommended that the foregoing tax
appeals be settled as hereinafter provided, such proposed settlements being
acceptable to the respective property owners; and
WHEREAS, the governing body of the Township concurs with each of the
recommendations of the Township Tax Assessor; and
WHEREAS, a reassessment of properties within the Township of Mendham
became effective for the year 2005.
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 Attorney is hereby authorized and directed to
execute, on
behalf of the Township, Tax Court of New Jersey
Stipulations of Settlement for purposes of effecting settlements of the
above-mentioned tax appeals as follows, such settlements to apply to the 2005
tax years:
Block 100, Lot 13 (Reitano)
2005 Assessment
Settlement Assessment
Land
$ 701,400
$ 666,300
Improvements
493, 600 383,700
Total
1,195,000 $1,050,000
Block 100, Lot 24 (Longfield)
2005 Assessment
Settlement Assessment
Land
$ 675,000
$ 675,000
Improvements
4,576,800 4,310,600
Total
5,251,800
4,985,600
Block 100, Lot 61.05 (Cioppettini)
2005 Assessment
Settlement Assessment
Land
$ 814,300
$ 814,300
Improvements
1,666,100
1,240,600
Total
2,480,400
2,054,900
Block 100, Lot 72 (Weisman
& Foss)
2005 Assessment
Settlement Assessment
Land
$ 800,700
$ 680,600
Improvements
609,700 519,400
Total
1,410,400 1,200,000
Block 102, Lot 2.04 (Keegan)
2005 Assessment
Settlement Assessment
Land
$1,057,100
$1,007,100
Improvements
2,173,800 2,173,800
Total
3,230,900
3,180,900
Block 107, Lot 51 (Fallah)
2005 Assessment
Settlement Assessment
Land
$1,166,000
$1,049,400
Improvements
824,800
752,900
Total
1,990,800
1,802,300
Block 107, Lot 52 (Longo)
2005 Assessment
Settlement Assessment
Land
$1,165,000
$ 1,048,500
Improvements
656,900 561,600
Total
1,821,900 $1,610,100
Block 118, Lot 59 (Donnelly)
2005 Assessment
Settlement Assessment
Land
$ 631,500
$ 631,500
Improvements
625,300 568,500
Total
1,256,800
$1,200,000
Block 125, Lot 2 (Giordano)
2005 Assessment
Settlement Assessment
Land
$ 450,600
$ 450,600
Improvements
433,700 433,700
Total
884,300
884,300
Block 127, Lot 75.07 (Previdi)
2005 Assessment
Settlement Assessment
Land
$ 700,200
$ 700,200
Improvements
1,695,300 1,450,300
Total
2,395,500 $2,150,500
Block 127, Lot 94.17 (Luing)
2005 Assessment
Settlement Assessment
Land
$ 701,600
$ 701,600
Improvements
1,428,600 1,372,600
Total
2,130,200
2,074,200
Block 142, Lot 44 (Zissu)
2005 Assessment
Settlement Assessment
Land
$ 758,500
$ 682,700
Improvements
1,056,100 717,300
Total
1,814,600
1,400,000
2.
Certified copies of this Resolution shall be forwarded by the
Township Clerk
to the Township Attorney and to the Township Tax Assessor.
Mr. Schrier made a motion to adopt R2006-25; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
13. Michael
Merritt was recognized as a new member of Brookside Engine Company.
ADMINISTRATOR REPORT
1. Mr. Mountain
asked the Committee for authorization to proceed with ordering two patrol
vehicles, noting that the capital ordinance would be scheduled for introduction
at the next meeting, however, it would be prudent to order now because of the
time required and the upcoming cutoff date of the current model year.
The Committee agreed.
2. Mr. Mountain
reported that the Environmental Commission will be updating their brochures of
Township parks and inquired whether the Committee would be considering any
changes to the names of either the Buttermilk Falls or India Brook natural
areas. The Committee said they would
not be changing any names.
OPEM ITEMS LIST
The Open Items List was reviewed an updated.
CORRESPONDENCE
1.
NJLM Mayors Fax Advisory (6)
2.
TBSA/Wanaque Reservoir
3.
K. Falcon to Gary Mosher
4.
Invitation to NJAC Oath of Office to Douglas Cabana
5.
Morris County Administrator/Municipal Alliance
6.
Richard Gartner to Patriot Media
7.
NJDEP to Solid Waste Transporters & Facility Operators
8.
Brookrace Homeowners Association/Schiff Reservation
The Committee asked Mr. Mountain to schedule Susan Kimball
to discuss the COAH Report.
LEGISLATIVE REPORT
Mr. Pierson asked the Committee to consider the following
resolution:
R2006-26
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, OPPOSING S-457, AMENDING THE TIME
OF DECISION RULE
WHEREAS, Senate Bill S-457 is intended to modify the “time of
decision” rule which currently allows municipalities to change the zoning
regulations during the pendency of an application for development; and
WHEREAS, under the bill the ordinances if effect at the time of an
application is submitted shall govern the review of that application, and any
decision made following upon that review; and
WHEREAS, “the time of decision rule” is a judicially recognized
principal that decisions are to be made on the basis of laws, ordinances and
regulations in effect at the time the decision is rendered; and
WHEREAS, courts have applied the “time of decision rule” to correct
errors in zoning ordinances, thus giving local legislators the opportunity to
correct legislative policy that had been found to be imperfectly expressed; and
WHEREAS, the “time of decision rule” has permitted a municipality to
give additional legislative consideration to serious and substantial land use
planning concerns that, for whatever reason, had not been previously addressed
in the ordinance; and
WHEREAS, application and zoning changes require public discussion and
hearings, and S-457 would permit developers to “beat the clock” by filing
applications and freezing the ability of local officials to act.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, to urge our State Legislators to oppose S-457; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to
Senator Bucco and Assemblymen Carroll and Merkt, members of the Senate Community
and Urban Affairs Committee, the New Jersey State League of Municipalities and
the Office of the Governor.
Mr. Schrier made a motion to adopt R2006-26; Ms. Florek
seconded the motion.
ROLL CALL – All present voted YES.
Mr. Schrier, referring to Correspondence item #8, said he
would like to speak to the parties involved in an effort to work out an
equitable solution.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Pat Zimmerman, W. Main Street:
distributed some information to the Committee regarding applicants’
responses to being referred to the Historic Preservation Committee.
She suggested consideration of “Porter” as a name for a future
park/open space area because of Katie Porter’s involvement in the creation of
the Open Space Trust Fund.
Peter Staples, Woodland Road:
asked about the current maintenance project at Brookside Beach, noting
that Brookside Beach is a wonderful asset to the community and anything that can
be done to improve the water quality is good.
Edwin Clauss, Pleasant Valley Road: asked about the status
of the cell tower application. Mayor
Krieg responded that the tower is subject to approval of environmental and
historic concerns and the Township is waiting for the State Historic
Preservation Office to act on concerns expressed by the Township.
No others 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 9:10 p.m. John M.
Mills, III, attorney to the Board of Adjustment, was present to update the
Committee on the cell tower application.
Mr. Mountain gave the Committee a statue report on negotiations between
the DPW and the Township. The
Committee discussed a potential agreement for a construction management contract
for the emergency services building and police headquarters projects.
Upon motion duly made and seconded the Committee returned
to open session at 10:07 p.m.
The following resolution was offered:
R2006-18
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING AGREEMENT WITH
CONSTRUCTION TECHNOLOGY CORPORATION FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
BROOKSIDE FIREHOUSE AND POLICE HEADQUARTERS PROJECTS
WHEREAS, the Township of
Mendham desires to enter into an agreement with Construction Technology
Corporation for the management of the Brookside Firehouse Construction Project
and the Police Headquarters Construction Project; and
WHEREAS, Construction Technology Corporation agrees to provide such
services under the terms of the Agreement marked Appendix A as attached to this
Resolution; and
WHEREAS, the Chief Financial Officer of the Township of Mendham
has determined and certified in writing that the value of the service will
exceed $17,500.00; and
WHEREAS, Construction Technology Corporation has not yet completed
and submitted a Business Entity Disclosure Certification which certifies that
Construction Technology Corporation has not made any reportable contributions to
a political or candidate committee in the Township of Mendham in the previous
one year, and that the contract will prohibit Construction Technology
Corporation from making any reportable contributions through the term of the
contract; and
WHEREAS, the Township of Mendham desires to award the contract
subject to the receipt of an appropriate Business Entity Disclosure
Certification and to make this resolution effective upon the receipt of an
appropriate Business Entity Disclosure Certification.
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 Determination of Value shall be placed on file with this
resolution.
2.
The award of this contract is subject to Construction Technology
Corporation completing in receipt and submitting an appropriate Business Entity
Disclosure Certification which certifies that Construction Technology
Corporation has neither made a contribution that is reportable pursuant to the
Election Law Enforcement Commission, pursuant to N.J.S.A. 19:44A-8 or 19:44A-16,
in the one (1) year period preceding the award of the contract that would,
pursuant to P.L. 2004 c 19 affect its eligibility to perform this contract, nor
will it make a reportable contribution during the term of the contract to any
political party committee in the Township of Mendham when the contract is
awarded, or to any candidate committee of any person serving in an elective
public office of the Township of Mendham, when the contract is awarded.
3.
This resolution shall take effect upon the development of contract
language in a form approved by the Township Administrator pertaining to
sequencing and payment.
4.
Certified copies of this Resolution shall be forwarded to
Construction
Technology Corporation and to the Chief Financial Officer of the
Township.
Mr. Schrier made a motion to adopt R2006-18; Mr. Pierson
seconded the motion.
ROLL CALL – All present voted YES.
With no further business to come before the Committee, upon
motion duly made and seconded the meeting adjourned at 10:17 p.m.
Respectfully submitted:
_________________________
Penny Newell, Township Clerk
Attachments:
Approved Bill List
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