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MINUTES – MENDHAM TOWNSHIP COMMITTEE Morris County,
New Jersey April 10, 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 (arrived at 8:30), Mr. Phelan,
Mr. Schrier, Ms. Florek
Absent:
Also Present: Stephen P.
Mountain, Township Administrator 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 – March 28, 2005 –
Mr. Schrier made a motion to approve these minutes as written; Ms. Florek
seconded the motion. ROLL CALL –
All present voted YES.
OLD BUSINESS an ordinance of the
township of mendham providing for costs associated with proposed open sapce
acquisitions by the township and appropriating $100,000 from the open space
trust fund 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 13-2006; 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 2. Presentation of the West Morris Regional High School Budget for 2006-2007: WMRHIS Board Members Meg Berlin, Julie Clemens, John Notte, Jeff Emery, Jim Johnston and Business Administrator Doug Pechanec were present. Ms. Clemens presented their mission statement and reviewed enrollment trends, program improvements, technology, capital outlay, capital reserve project highlights and the sources of increases in the budget over last year’s budget. She also reviewed sources of revenue and the effect of state aid upon property taxes as well as the tax impact by municipality. Mrs. Berlin indicated that teachers contribute towards the cost of health benefits at the rate of 10% of the cost for their dependents, noting that schools are not allowed to take contributions for single coverage employees in accordance with the statutes governing boards of education. Mr. Schrier asked how the current enrollment compares with the projections. Mr. Pechanec said the long-term projections were fairly accurate. Mr. Schrier asked about other sources such as federal grants and how the budget has increased compared to the grants received. Mrs. Berlin said they have received a second $500,000 American History grant. Ms. Florek asked about the funding through SCC and the Board’s confidence that they will receive that funding. Mr. Notte replied that they are confident that they will receive that funding. Mr. Florek asked about the effect of state aid on property taxes and would there be any advantage to go back and ask the state to look at the state aid numbers in advance. Mr. Pechenec said he was told by the state today that the Governor is working on a new funding formula. Mayor Krieg asked if the fund balance shown is in excess of last year’s budget. Mr. Pechenec said it is partially that and also interest earnings. Mayor Krieg noted that Washington Township receives more aid than they would as a separate district and he asked if those numbers were known. Mr. Pechenec indicated that those numbers are not available. He did indicate that about 50-60% of the state aid is generated by Washington Township. Mrs. Berlin said the population at Central is significantly larger than at Mendham but the funding is similar. (Mr. Pierson arrived at this point in the meeting) Mr. Schrier referred to a letter that the Township Committee and the Chester Borough Council recently sent to residents of the Mendhams and the Chesters. He said the letter indicated that there might be a better way to fund the WMRHS and he asked the board members if they agree that it would be a good idea for all parties to work together to find a more equitable solution. Mr. Notte said he sees the state wanting to go regional, ie a K-12 district and would jump at changing the formula. Mr. Schrier asked if the Board would be willing to join in another study. Mr. Notte said he can’t speak for the Board but would bring it up at a future meeting. Mr. Schrier said the funding formula is a problem for the municipalities involved and the Township Committee would like to work with the Board of Education. Mr. Phelan said the focus should be on changing the funding formula, not breaking up the district. Mr. Notte said there were some things in the letter and on the ballot last year that sounded like the Committee was asking for a separate district. Mr. Emery suggested the manner of sending the letter out was a misstep and had the perception of excluding Washington Township. Mayor Krieg pointed out that every year since he has been on the Township Committee they have been asked to look into the funding formula for the WMRHS district and the Board of Education has always said they would look into it and it doesn’t happen. Mrs. Berlin responded that in order to change the formula they need the vote of all of the sending districts and to deregionalize would require 3 of the 5 districts. Ms. Florek said she is troubled by the lack of support by the Board of Education and noted that the court system does negotiate such settlements. Mr. Pierson said it would be nice if the Township representative on the Board of Education would be agreeable to asking the Board to look into changing the funding formula. Ms. Florek said she doesn’t understand the lack of support by the Board of Education. Mayor Krieg noted the many letters of support from residents. Mr. Schrier said the Board of Education can’t be persuaded because it is weighted in favor of Washington Township. Mrs. Berlin responded that the Board is focused on education. Mr. Schrier pointed out that while he was on the Fish & Game Council he often was the lone dissenter and even so his views were respected. Mrs. Berlin said they did have someone who did that and it did not work. Mr. Pierson said they could go back to Washington Township and offer to phase-in a new formula over a ten year period and he told Mrs. Berlin that he hoped she would try to convince the Board. He suggested that Mrs. Berlin would be a hero to the Township Committee if, at every Board meeting, she stood up and asked “How could we make this change?” Mrs. Berlin said she feels the funding needs to be changed by the state revamping the formula. She suggested talking to the legislators. After a lengthy discussion, the Township Committee and the Board of Education agreed that looking for fairness should be a priority. 3. Discussion of brush collection ordinance. The Committee has been considering an ordinance to regulate the length of time residents may leave brush at curbside before the twice-a-year collection. Mr. Falcon will prepare a final draft for consideration at the next meeting. 4. The discussion of a conservation easement delineation ordinance will be held for the next meeting. 5. Ordinance 14-2006 – First Reading The Committee will discuss this in closed session before considering adoption upon first reading. 6. Ordinance 15-2006 – First Reading bond ordinance
providing for various capital improvements of the township of mendham, in the
county of morris, new jersey, appropriating the aggregate amount of $1,155,000
therefor and authorizing the issuance of $1,011,000 bonds or notes of the
township to finance part of the cost thereof Mr. Phelan made a motion to adopt Ordinance 15-2006 upon first reading with second reading and public hearing to be scheduled for May 8, 2006; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 15-2006 is attached hereto and made a part hereof. 7. Resolution R2006-47 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 ] 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 R2006-47; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2006-48 – to be held for 4/25 meeting 9. Resolution R2006-49
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING LINCOLN FINANCIAL GROUP AS ADMINISTRATOR FOR THE DEFERRED COMPENSATION PLAN WHEREAS the Township of
Mendham has agreed to the establishment of a Deferred Compensation Plan to be
made available to all employees and elected officials pursuant to Section 457 of
the Internal Revenue Code of 1986, as amended, except for provisions added by
reason of the Small Business Job Protection Act of 1996 (United States Public
Law No. 104-188); and except for
provisions added by reason of the Economic Growth and Tax Relief Reconciliation
Act of 2001; and WHEREAS, the rationale for the adoption and implementation of a
Deferred Compensation Plan is to attract and retain qualified employees, as well
as provide enhanced retirement security to eligible employees and elected
officials; and WHEREAS, certain substantial tax benefits could accrue to employees
and elected officials; WHEREAS, the rationale for the adoption and implementation of a
Deferred Compensation Plan is to attract and retain qualified employees, as well
as provide enhanced retirement security to eligible employees and elected
officials; and NOW THEREFORE BE IT RESOLVED that the Township of Mendham is
adopting a Deferred Compensation Plan substantially similar to one on which a
favorable Private Letter Ruling has been previously obtained from the Internal
Revenue Service except for provisions added by reason of the Small Business Job
Protection Act of 1996 (United States Public Law No. 104-188) and all such
provisions are stated in the plan in terms substantially similar to the text of
those provisions in the Internal Revenue Code Section 457 and except for
provisions added by reason of the Economic Growth and Tax Relief Reconciliation
Act of 2001.
The use of the Ruling is for guidance only and acknowledges that for
Internal Revenue Service Purposes, the Ruling of another employer is not to be
considered precedent; and BE IT FURTHER RESOLVED by
Township Committee of the Township of Mendham that, it hereby maintains a
Deferred Compensation Plan for the voluntary participation of employees and
elected officials; and BE IT FURTHER RESOLVED by Township Committee of Township of Mendham
that, it hereby adopts a Deferred Compensation Plan provided by the Lincoln
National Life Insurance Company and Lincoln Financial Group, its agent (12 - PD
- LINCOLN - E100303); and BE IT FURTHER RESOLVED that The
Lincoln National Life Insurance Company and Lincoln Financial Group, its agent,
has agreed to be the provider of the Deferred Compensation Program for employees
and elected officials; and BE IT FURTHER RESOLVED that the Lincoln National Life Insurance
Company and Lincoln Financial Group it’s agent, will provide, for the benefit
of the participants the Multi-Fund Variable Annuity contract; and BE IT FURTHER RESOLVED that in
accordance with N.J.A.C. 5:37-7.1(a) the Township
of Mendham solicited proposals for a Deferred Compensation Plan and Service
Agreement from three providers of deferred compensation services in addition to
its current provider. The vendors
responding to the request for proposals were Lincoln National Life Insurance
Company and Lincoln Financial Group, its agent, and ICMA-RC and Met-Life. The
current provider is VALIC. The
successful vendor is Lincoln National Life Insurance Company and Lincoln
Financial Group, its agent. The CFO
reviewed all of the proposals submitted and met with representatives of 2 of
responding companies. Lincoln
National Life Insurance Company was selected for comprehensive services to be
provided and the reliability of the local staff team, and
BE IT FURTHER RESOLVED that there has been no collusion, or evidence
or appearance of collusion, between any local official and a representative of
Lincoln National Life Insurance Company and Lincoln Financial Group, its agent,
in the selection of a provider pursuant to N.J.A.C. 5:37 - 5.7. BE IT FURTHER RESOLVED that the Finance Director or Business
Administrator is authorized to execute an
Administrative Services Agreement with the Lincoln National Life Insurance
Company and Lincoln Financial Group, its agent,(12-SA-Lincoln-072595) and
such other agreements as are necessary to implement the Deferred Compensation
Program. It is implicitly understood
that there is to be no cost or contribution by the Township of Mendham to the
program; and BE IT FURTHER RESOLVED that the CFO is authorized to serve as the
“Administrator” of the plan, represent the Township of Mendham, and execute
individual deferred compensation agreements with each said employee; and
BE IT FURTHER RESOLVED by the Township of Mendham that the Clerk
forward a certified true copy of this resolution to the CFO; and BE IT FURTHER RESOLVED that the CFO will submit all necessary documents to the Director of the Division of Local Government Services in the State Department of Community Affairs for approval. Mr. Pierson made a motion to adopt R2006-49; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 10. Resolution R2006-50 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AWARDING ONE YEAR EXTENSION OF CONTRACT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH BETWEEN THE TOWNSHIP OF MENDHAM AND BLUE DIAMOND DISPOSAL WHEREAS, Resolution R2003-49 adopted April 14, 2003 awarded a two-year contract for the collection and disposal of garbage and trash from the period May 1, 2004 through April 30, 2005 to Blue Diamond Disposal; and WHEREAS, in accordance with the provisions of the Specifications and Contract for Collection, Transportation and Disposal of Solid Waste Type 10, the Township Committee has the option to extend the contract for three (3) more one-year options; and WHEREAS, the governing body has determined that a one year extension of the Contract should be awarded for the weekly collection and disposal of garbage and trash from May 1, 2006 through April 30, 2007 to Blue Diamond Disposal; and WHEREAS, the Chief Financial Officer of the Township has issued a certificate designating the appropriation to which the contract will be properly charged and stating that adequate funds are available under the appropriation for the payment of the contract price during the period May 1, 2006 through December 31, 2006, and copies of said certificate is attached hereto and made a part of this Resolution; and WHEREAS, the Township Attorney has issued a statement that he is satisfied that a proper certificate as to the availability of funds has been provided by the Chief Financial Officer of the Township as required by law, and a copy of said statement is attached hereto and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows: 1. A one-year contract for the weekly collection and disposal of garbage and trash is hereby awarded to Blue Diamond Disposal, such contract to be in the amount of $108,000.00, and the Mayor is hereby authorized and directed to execute the Contract and the Township Clerk is hereby authorized and directed to attest such contract and to affix the municipal seal thereto, and when so executed and attested the contract shall be a legally binding obligation of the Township in accordance with the terms thereof, and the proper officials of the Township are hereby authorized to make and perform any and all acts necessary to carry out such agreement. 2. Payments by the Township to Blue Diamond Disposal pursuant to the contract authorized by Paragraph 1 of this resolution during the period May 1, 2006 through December 31, 2006 shall be made from the following appropriation in the 2006 municipal budget: GENERAL APPROPRIATION Solid Waste Collection
In accordance with the provisions of N.J.S.A. 40A:11-15, the Contract is subject to the availability and appropriation in 2006 and 2007 of sufficient funds as may be required for the services to be performed under the contract during those years. 3. This resolution shall take effect upon adoption. 4. Certified copies of this resolution shall be forwarded by the Township Clerk to Blue Diamond Disposal, P.O. box 267, Succasunna, NJ 07876 and to the Township Chief Financial Officer. Mr. Schrier made a motion to adopt R2006-50; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 11. Resolution R2006-51 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AMENDING HOURS AND SCOPE OF DUTIES FOR TOWNSHIP EMPLOYEE WHEREAS, Lou Ann Finlay currently serves as a part-time employee of the Township; and WHEREAS, Lou Ann Finlay has served as a part time Secretary to the Mendham Township Police Department upon the recommendation of the Chief of Police, effective April 1, 2006, will be an full time employee in the Mendham Township Police Department at an annual salary of $29,000.00 NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that Lou Ann Finlay be appointed as a full time employee in the Mendham Township Police Department at an annual salary of $29,000.00 effective April 1, 2006. Mr. Phelan made a motion to adopt R2006-51; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 12. Resolution R2006-52 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE SUBMISSION OF THE RECYCLING TONNAGE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, A resolution authorizing this municipality to apply for such tonnage grants for the calendar year 2005 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that the Township of Mendham hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designated Penny Newell to ensure that the application is properly filed; and BE IT FURTHER RESOLVED that monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling. Mr. Phelan made a motion to adopt R2006-52; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 13. Resolution R2006-53
GOVERNING BODY RESOLUTION APPROVING
MOTION OF WAIVER WHEREAS, the Planning Board of Mendham Township, State of New Jersey, adopted a Housing Element and Fair Share Plan on June 15, 2005; and WHEREAS, the Mendham Township Committee endorsed the Housing Element and Fair Share Plan on July 11, 2005; and WHEREAS, COAH received Mendham Township’s Housing Element and Fair Share Plan and its resolution of petition for third round substantive certification on June 17, 2005 pursuant to N.J.A.C. 5:95-2.2; and WHEREAS, COAH issued a report entitled, “Third Round Report Requesting Additional Information Mendham Township/Morris County” dated January 13, 2006; and WHEREAS, in response to specific requirements requested in this report, the Township Committee shall pursue a motion of waiver to COAH. NOW THEREFORE BE IT RESOLVED that the Governing Body of the Township of Mendham, State of New Jersey, hereby authorizes the filing of a motion of waiver, pursuant to N.J.A.C. 5:95-14.1. Mr. Schrier made a motion to adopt R2006-53; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 14. Resolution R2006-54 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE TOWNSHIP TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF MORRIS FOR ACCESS TO THE MORRIS COUNTY INTEGRATED JUSTICE INFORMATION SYSTEM BE IT RESOLVED by the Township Committee of the Township of Mendham, that the Chief of Police and the Mayor are hereby authorized to execute the Memorandum of Understanding, with a revised date of March 17, 2006, with the County of Morris for access to the Morris County Integrated Justice Information System (MCIJIS). Mr. Schrier made a motion to adopt R2006-54; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. 15. Discussion of underage ordinance: Chief Costanza asked the Committee to consider an ordinance that enable the police to address underage drinking on private property. He indicated that this would be a local ordinance violation and he said that towns that have this are pleased with the option of being able to enforce it. The Committee asked Mr. Falcon to research this further. 16. The discussion of the Library Conveyance Agreement will be held for a later date. 17. The Raffle Applications for the Mendham Township Home and School Association were approved. ADMINISTRATOR REPORT 1. Mr. Mountain updated the Committee on the emergency services building design and also on the recent meeting with homeowners adjacent to the proposed police headquarters. OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE
LEGISLATIVE REPORT HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public. George McKinnell, 28 W. Main Street: reported that the fire department and first aid squad are ready to meet with the architect. Nick Monaghan, 20 W. Main Street:: thanked the Committee for the recent letter to residents regarding the WMRHS District and said he sent a letter to the editor of the local newspaper encouraging parody for all sending districts. 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 10:07 p.m. The Washington Township Dispatch matter was discussed. One personnel matter was discussed. Mr. Falcon updated the Committee on a COAH matter and also on one other litigation issue. Upon motion duly made and seconded the Committee returned to open session at 10:51 p.m. Ordinance 14-2006 – First Reading ORDINANCE AMENDING CHAPTER XVI OF THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM ENTITLED “SUBDIVISION AND SITE PLAN REVIEW Mr. Schrier made a motion to adopt Ordinance 14-2006 upon first reading, with second reading and public hearing to be scheduled for May 8, 2006; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 14-2006 is attached hereto and made a part hereof. With no other matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 11:00 p.m. Respectfully submitted: Penny Newell, Township Clerk Attachments: Approved Bill List Ordinance 14-2006 Ordinance 15-2006 |
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