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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

February 28, 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. Phelan,

                                                                        Mr. Schrier, Ms. Florek

 

                                                 Absent:

 

                           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 February 14, 2006 – Mr. Schrier made a motion to approve these minutes as written; Ms. Florek seconded the motion.  ROLL CALL – All present voted YES.

 

OLD BUSINESS

 

1.  Ordinance 3-2006 – Second Reading and Public Hearing

 

bond ordinance providing for the acquisition of a new ambulance in and by the township of mendham, in the county of morris, new jersey, appropriaitng $150,000 therefor, and authorizing the issuance of $142,500 bonds or notes of the township to finance part of the cost thereof

 

Mr. Schrier made a motion to carry the public hearing and adoption of Ordinance 3-2006 to March 13, 2006 ; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

2.  Ordinance 4-2006 – Second Reading and Public Hearing

 

an ordinance of the township of mendham amending chapter iii, police regulations, of the mendham township ordinance code

 

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 4-2006; 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.

 

Aloisia Boretti, 59 Tingley Road :  asked for the status of the proposed Police Headquarters and Brookside Firehouse.

 

Mayor Krieg said they are still working on the Police Headquarters and are planning a second meeting with residents adjacent to the site.  They are also awaiting approvals for the firehouse site.

 

Mrs. Boretti asked why they haven’t considered an addition to the firehouse instead of a new building.  She said bulkheads work well.  Mr. Schrier said the firehouse is in a flood plain.  Mrs. Boretti said the newspaper article about the police headquarters referred to other properties that the Committee has not recognized.  She said the Sutton property adjacent to the Middle School property might be an alternative as well as the Fisher property on the corner of Cherry Lane and Mendham Road East .  Mayor Krieg responded that either of those properties would have to be purchased by the Township and by utilizing land currently owned by the Township is saving taxpayers’ money.  Mrs. Boretti said if the Township puts the police headquarters on Mt. Pleasant Road they would then try to open up Tingley Road through to Mt. Pleasant .  Mr. Phelan responded that a study had been made and concluded that there was no value to emergency services to opening Tingley to Mt. Pleasant and that is not on any agenda.  Mrs. Boretti said if the Police Headquarters goes there it may reopen the discussion.  Mayor Krieg said the current situation is not like the past when police officers spent much of their time in headquarters.  He said the majority of an officer’s time is spent on the road and that’s where they are responding from, not headquarters.  He agreed that opening Tingley Road is not being considered.  Mrs. Boretti asked why the property next to Township Hall is not being considered.  Mr. Pierson responded that the property next door is too small and also would need a bigger septic system.  Mrs. Boretti asked about the existing septic for the firehouse.  Mr. Pierson said that is being closed.  Mrs. Boretti asked when the Township is going to install sewers.  Mr. Pierson replied hopefully never.  Mr. Schrier noted that with sewers the Township would have to rezone to smaller lots because sewers make development easier.  Mrs. Boretti asked if  the Committee would be interested in the Sutton or Jesperson property for Police Headquarters.  Mayor Krieg said purchasing property would double the cost of the project.  Mrs. Boretti said growing up in this town she feels the town hasn’t done a good job in allocating places, for example the Middle and Elementary Schools.  Mayor Krieg noted that the Board of Education is responsible for the selection and use of school property.

 

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

 

NEW BUSINESS

 

1.  Susan Kimball updated the Committee on the COAH Fair Share Housing Plan and the Report received in January that must be responded to by April 18th.  According to the COAH report the Township is required to have a plan to include four rental units.  Ms. Kimball presented various options for the Township to consider in meeting the requirements of the COAH report.  The Committee agreed to pursue a meeting with the DCA Commissioner and Mr. Schrier will proceed with arranging that meeting.

 

2.  Ordinance 5-2006 – First Reading

 

ordinance to establish minimum stormwater management requirements and controls for development projects in the township of mendham , supplementing chapter xi of the revised general ordinances of the township of mendham entitled “land use ordinance”

 

Mr. Schrier made a motion to adopt Ordinance 5-2006 upon first reading with second reading and public hearing to be scheduled for March 28, 2006 ; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 5-2006 is attached hereto and made a part hereof.

 

3.  Mr. Schrier noted that Senator Kean has proposed a bill to do away with county government and requiring municipalities to report directly to the State.  Mr. Pierson added that municipalities must have a mechanism like the county to cooperate with municipalities.

 

4.  Ordinance 6-2006 – First Reading

 

an ordinance of the township of mendham amending chapter iii, police regulations, of the mendham township ordinance code, to prohibit illicit connections to the municipal separate storm sewer system

 

Mr. Schrier made a motion to adopt Ordinance 6-2006 upon first reading with second reading and public hearing scheduled for March 13, 2006 ; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 6-2006 is attached hereto and made a part hereof.

 

5.  Ordinance 7-2006 – First Reading

 

an ordinance of the township of mendham amending chapter iii, police regulations, of the mendham township ordinance code, to establish requirments for the proper handling of yard waste

 

Mr. Pierson made a motion to adopt Ordinance 7-2006 upon first reading with second reading and public hearing scheduled for March 13, 2006 ; Mr. Schrier seconded the motion.

           

ROLL CALL – All present voted YES.

 

A copy of Ordinance 6-2006 is attached hereto and made a part hereof.

 

6.  Ordinance 8-2006 – First Reading and Public Hearing

an ordinance of the township of mendham amending chapter iii, police regulations, of the mendham township ordinance code, to prohibit spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system

 

Mr. Schrier made a motion to adopt Ordinance 8-2006 upon first reading with second reading and public hearing scheduled for March 13, 2006 ;  Ms. Florek seconded the motion.   

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 8-2006 is attached hereto and made a part hereof.

 

7.  Ordinance 9-2006 – First Reading

 

an ordinance of the township of mendham, providing for the acquisition of police equipment and appropriating $36,500 from reserve for police equipment and providing for the cold hill detention basin and appropriating $12,000 from capital surplus therefor

 

Mr. Phelan made a motion to adopt Ordinance 9-2006 upon first reading with second reading and public hearing scheduled for March 13, 2006 ; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 9-2006 is attached hereto and made a part hereof.

 

8.  Ordinance 10-2006 – First Reading

 

bond ordinance providing for the acquisition of equipment for the police and public works departmetns for and by the township of mendham , in the county of morris , new jersey , appropriating the aggregate amount of $65,000 therefor and authorizing the issuance of $61,750 bonds or notes of the township to finance part of the cost thereof

 

Mr. Phelan made a motion to adopt Ordinance 10-2006 upon first reading with second reading and public hearing scheduled for March 13, 2006 ; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 10-2006 is attached hereto and made a part hereof.

 

9.  Resolution R2006-33

 

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

  [  ]  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. Pierson made a motion to adopt R2006-33; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

10.  Resolution R2006-34

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, REFUNDS IN CONNECTION WITH  SETTLEMENT OF STATE TAX COURT APPEALS

 

            WHEREAS, appeals were filed with the State Tax Court by the owners of the following properties in regard to the 2005 tax assessments against the properties in the  Township of Mendham; and

           

            WHEREAS, settlements were authorized by the Township Committee by Resolutions R2006-25 and R2005-157.

 

            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           

100          72                Michael I. Schneck, Trustee               $  2,945.60     

104          9                  Daniel G. Keough, Trustee                 $  9,098.78

100         66                 I. Jackson & Lea  Angell                      $  2,457.00

100         27.07            Roger T. Mahan ETAL                        $  5,306.00

104.06    10                 Michael A. Vespasiano, Trust             $  1,103.20

107         44                 August & Tracey Cellitti                      $  2,244.20

107         52                 Michael I. Schneck, Trustee               $  2,965.20

118        45                  William S. Winters, Esq.                    $  1,404.20

127        75.06             Kipp & Tannenbaum, LLC                  $  3,901.80

142        47                  Milton & Sylvia Litwin                           $  2,109.80

144        29.08             Kipp & Tannenbaum, LLC                  $  6,869.80

144        29.09             Kipp & Tannenbaum, LLC                  $  5,917.80

 

Mr. Phelan made a motion to adopt R2006-34; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

11. Raffle Application RA130 for the Mendham Township Home & School Association was approved.

 

12.  Andrew Marcelliano and Peter Marcelliano were recognized as members of Brookside Engine Company.

 

13.  Resolution R2006-35

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , EXTENDING CONGRATULATIONS TO ANDREW SCHMADEL UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

 

WHEREAS, Andrew Schmadel has attained the rank of Eagle Scout; and

 

WHEREAS, Andrew Schmadel will be honored for this achievement at

a Court of Honor; and

 

WHEREAS, the Township Committee of the Township of Mendham recognizes the extraordinary dedication and professionalism Andrew Schmadel has displayed in achieving this highest honor.

 

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , to extend their congratulations to Andrew Schmadel upon his attainment of the rank of Eagle Scout and to wish him success in all his future endeavors.

 

Mr. Schrier made a motion to adopt R2006-35; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain reported that a meeting has been held to set a timetable for the India Brook Park field design and later in the Spring another meeting will be scheduled with neighbors to the Park.  The site plan should be presented to the Planning Board in June.

 

2.  Mr. Mountain reported that a second meeting with neighbors to the proposed site for the Police Building will be scheduled for some time in March following the subcommittee’s meeting with the consultants.    Mr. Phelan noted previous discussions regarding the lighting at the public works facility, saying it would be appropriate to have the subcommittee make a decision about that.

 

3.  Mr. Mountain said preliminary meetings with the architect and construction manager have gone well and also meetings have been scheduled with both fire and first aid representatives for specific input on details such as plumbing, electrical, etc.

 

4.  Mr. Mountain reported that he and Mr. Pierson have been speaking with Ray Nadaskay on issues the Historic Preservation Committee had with respect to the emergency services building.  Mr. Falcon added that the Township is waiting for a proposal from Cultural Resources Group for responding to the State Historic Preservation Office.

 

OPEM ITEMS LIST

 

The Open Items List was reviewed and updated.

 

CORRESPONDENCE

 

1.      NJLM Fax Advisory (5)

2.      Morris County St. Patrick’s Day Parade Committee/Invitation to MARCH

3.      Morris Tomorrow/Internship Program

 

 

Mr. Phelan recognized Mr. Thomas of the Recreation Commission in the audience.  Ms. Florek reported that the high school field would be available for the football program in 2006 and is awaiting confirmation in writing for the 2007 season.

 

HEARING PERSONS PRESENT

 

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

 

Aloisia Boretti, 59 Tingley Road :  suggested the Brookside Firehouse and the Police Station (old) could be converted into apartments in order to meet the COAH requirements.  Mr. Phelan thought converting the police station was a good idea.  Mrs. Boretti said there should be some way to save the old firehouse.  Mr. Pierson said that area will be used for exiting and parking. Mrs. Boretti said she is surprised that the firehouse is only forty years old and rotting.

 

Marian Koste, Ironia Road :  asked if COAH credits could be transferred within the County.  Mr. Schrier said that was not possible and noted that the Freeholders have already asked about that.

 

Mrs. Boretti said she noticed that the plans for the new firehouse contain a large play area on the second floor and asked why apartments for three firemen could not be lincluded there.  Mr. Schrier said in New York paid firemen are housed in the firehouses and are considered on-duty when they stay there, however, Mendham Township has volunteer firemen.   Mr. Phelan added that the affordable housing units must be marketed to a specific area.

 

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 9:09 p.m.   The joint library was discussed.  The possible acquisition of property and one personnel matter were also discussed.   Mr. Falcon updated the Committee on a litigation matter.

 

With no other matters to discuss, the Committee returned to open session at 9:36 p.m.   Upon motion duly made and seconded the meeting adjourned at 9:36 p.m.

 

Respectfully submitted:

 

_________________________

Penny Newell, Township Clerk

 

 

Attachments:

 

Approved Bill List

Ordinance 5-2006

Ordinance 6-2006

Ordinance 7-2006

Ordinance 8-2006

Ordinance 9-2006

Ordinance 10-2006

 

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