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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

July 25, 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 P. 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 – June 22, 2006 and July 10, 2006 – Mr. Schrier made a motion to approve these minutes as written; Ms. Florek seconded the motion.  ROLL CALL – Ms. Florek, Mr. Schrier and Mr. Pierson voted YES; Mayor Krieg abstained on the June 22nd minutes. All present voted YES on July 10, 2006.

 

Mr. Schrier noted a correction for the June 27, 2006 minutes where it should have been noted that he voted NO on the vote for Resolution R2006-94 (rules and regulations for hunting in the Township)

 

OLD BUSINESS - No Old Business

 

HEARING PERSONS PRESENT

 

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

 

NEW BUSINESS

 

1.  Resolution of approval for an expansion of premises for the Mendham Golf and Tennis Club ABC License.

 

Bryan Seavey, Board Member and House Chairman for Mendham Golf and Tennis Club was present to respond to questions from the Township Committee.  Mr. Seavey noted that the Club currently has a renewed license for 2006-2007 and he also understands that the Club, according to some members, years ago had a license that covered the expanded area now being requested.  He indicated that the Club would like to expand from the current Club House and Patio to include the grounds up to Corey Lane , but not past Corey Lane as the ABC regulations do not allow a licensed premises to be bisected by a public roadway.  With the expanded license they would be able to have a beverage cart provide service to golfers and also, for tournaments, etc., and they could have a hospitality tent at the 9th or 10th hole.

 

Mr. Pierson asked if only beer would be served.  Mr. Seavey said the only alcoholic beverage on the beverage cart would be beer, however, for certain occasions a hospitality tent may have other alcoholic beverages as well. 

 

Mayor Krieg asked approximately how many times a year a hospitality tent would be used.  Mr. Seavey estimated twenty times a year.

 

Mr. Schrier asked if patrons would be purchasing from the beverage cart and possibly wandering near or across Corey Lane , causing safety concerns.  He asked for assurances that such scenarios would not happen.   After some discussion the Committee suggested signs be posted advising members of the restriction beyond Corey Lane .  All agreed that the approving resolution should contain the conditions of posting a sign and also of a formal notification to the membership of the restrictions.

 

Resolution R2006-100

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPROVING A PLACE -TO-PLACE (Extension Of Premises) TRANSFER FOR THE MENDHAM GOLF AND TENNIS CLUB

 

            WHEREAS, an application has been filed for a place-to-place transfer (Expansion of Premises) of Club License 14199-31-002-002, for purposes of expanding the premises under license wherein the sale, service and storage of alcoholic beverages are authorized; and

 

            WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

 

WHEREAS, the Governing Body of the Township of Mendham , approves the expansion of the Club licensed premises with the following conditions:

 

1.      A sign shall be placed at the approach to Corey Lane indicating that no alcoholic beverages are allowed across Corey Lane ;

 

2.      A notice to the membership of the Mendham Golf and Tennis Club of the expansion and its restriction to that portion of the premises up to and not beyond Corey Lane;

 

These two conditions shall be accomplished within thirty days of the date of this Resolution.

 

NOW, THEREFORE, BE IT RESOLVED that the Mendham Township Governing Body does hereby approve, with the above noted conditions, effective July 25, 2006, the expansion of the aforesaid Club licensed premises located at Golf Lane in Mendham Township, NJ, to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto.

 

Mr. Pierson made a motion to adopt R2006-100; Mr. Schrier seconded the motion.

 

ROLL CALL – All present voted YES.

 

2.  Discussion of India Brook Park Ball Field Project.

 

Mayor Krieg reported that he, along with Mr. Mountain and Andrew Holt of Suburban Consulting, met with neighboring residents and the major concerns expressed by the residents were increased traffic, restrictions on use during Sundays and late evenings and the need for buffers to ensure the privacy of the most immediate neighbor to the site.

 

Mr. Mountain provided a chronology of the project:  the property was acquired by the Township in 2002 and a master plan was created to develop a mission for how to utilize the property.  One recommendation of that master plan was for ball fields.  The Recreation Commission expressed a growing need for additional ball fields and the 2006 capital budget includes funding.  A funding ordinance in 2005 provided for the hiring of Suburban Consulting to provide a proposal for the design.  Following a presentation to the Township Committee, the Recreation Commission and immediate neighbors, feedback was provided to the Township Committee and a set of alternatives was developed by Suburban.  The Township Committee requested comments on the alternatives from the Recreation Commission, the Environmental Commission and the Open Space Committee.  In addition, another neighborhood meeting was held to review the alternatives.  He said the next step would be to direct Suburban to prepare a final design plan for presentation to the Planning Board.

 

Mr. Holt outlined the options for a regulation size field:  a single regulation field with approximately 50 parking spaces at the front of the site and close to the property line or a regulation field at the rear of the site with parking located closer to the developed portion of the site.  He indicated that he has not done an extensive investigation of the rear portion of the site.

 

Upon motion duly made and seconded the meeting was opened to the public for comment on this matter only.

 

Brenda Grant, 7 Buddy Lane :  said she represents the Morris County Art Workshop and they have an interest in this property, specifically the buildings that may lend themselves to future use in their arts program for school children.   She said the use of this property or the St. John The Baptist property, potentially to be acquired by the Township, would be a match well made.  She said they have been using facilities in Chester and are in need of a permanent location with more space than they currently have.  Mayor Krieg asked Ms. Grant to provide a letter of interest to the Township Committee and he would then set up a meeting to discuss this further.

 

Doug Kitani, 105 Ironia Road :  feels some of the issues with this project are obviously of concern to residents of Ironia Road , with traffic control one of the major concerns.  He asked if the Committee decided on locating the field at the front of the property, would they then reserve the alternative site at the rear for future use.

 

Marian Koste, 92 Ironia Road :  thanked the Committee for including the neighbors to the site.  She said she is surprised by the Environmental Commission’s support of the site in the front of the property.  She said she favors the site at the rear of the property for several reasons, one being the importance of not encumbering the view from the road with unnatural things.  She feels the roadscape with its peaceful setting at the front of the property should remain.   She is also concerned for the adjacent property owners and noted that as she came in to this meeting this evening she could hear cheering from a ball game at the Community Club property across the road from Township Hall and she imagined a neighbor to this proposed field having to hear that.  She asked that the Committee consider other options before moving forward.  She would also like a regional plan to include other towns and a traffic study, which she feels is needed with or without a ball field.  She suggested, if the field is built on the front site, limiting the start and end times on Sundays, and no lights and no signs. She also suggested a delay until the whole master plan is addressed for that property.

 

Mark Ford, Mendham Road East and Recreation Commissioner:  said the vision of the Recreation Commission is for more ball fields, noting the problems that have occurred with the Ralston Fields.  He said scheduling is a problem and this facility would help to accommodate the needs of the children.  He said they should look at the increasing number of children starting organized sports at a younger age.  He said it is critical to get this field underway now.  He  recommended one field and to have restrictions on time of use would be good.

 

Edward Powers, 5 Horizon Drive: said, as an officer of the West Morris Soccer Club which represents many families in the Mendhams and Chesters, and they are in desperate need of fields .  He said they are respectful of the concerns of the residents and agree with the need to limit days and times, noting that the  Soccer Club doesn’t use the fields any earlier than 1:00 p.m. or any later than 5:00 p.m.

 

Joe Savino, 95 Ironia Road:  asked for the total budget amount for the proposed project.  Mr. Mountain said a capital item of $550,000 includes a $100,000 commitment from the West Morris Soccer Club.  Mr. Savino said he has four small boys and sees soccer as not as much of a problem as baseball and football.  He asked what other sport groups would be using the field.  Mr. Pierson said the oversized field being suggested could be used for other sports, for example, football.  Mayor Krieg noted that is this field is used for soccer it would relieve Ralston Fields so they could be used for baseball.  Mr. Savino said his property is adjacent to the proposed lower field area and his concern is for the security of his four small children and his loss of peace and quiet.  He urged the Committee to consider the rear site.

 

Mayor Krieg said he spoke with Mr. Holt following the last neighborhood meeting and asked him to look at moving the field location farther away from the property line in order to provide a buffer and privacy.

 

Pat Zimmerman, West Main Street: noted that several years ago there was a master plan that included a pavilion near the rear of the property and she feels that a complete master plan should be in place before any decision on a ball field.

 

Mr. Mountain said the master plan was completed and this step is part of that master plan.  He said there has been some confusion between the master plan and a development plan, noting that this is the first element of the master plan.

 

Jennifer Brauner, 9 Carroll Drive:  said, as a new resident, she has seen a need for more fields.  She said there are many towns with better facilities and she is shocked at the lack of facilities in Mendham, noting that property values increased as a result of the recreational facilities built in other towns.

 

Eric Kececi, 17 Franklin Road (Boro):  said his property is adjacent to the high school baseball field and he enjoys having a field within walking distance of his home.  He noted that it allows for a nice community get-together place for the neighborhood children and he also enjoys hearing the marching band.

 

Diana Orban Brown, 100 Ironia Road: as chair of the Open Space Committee, said that committee is very supportive of the Recreation Commission and of the idea of organized sports for children.  She said the Open Space Committee is also supportive of the Environmental Commission’s request that the rear field not be touched for now.  She said the Open Space Committee did strongly urge that any construction on fields at India Brook Park be delayed at least long enough to find out whether the acquisition of the property at Mt. St. John will actually take place, noting that there are two fields at that location that, with limited construction, could be used as soccer fields.  The committee felt that the construction of one field in either location would involve a lot of cutting and filling and earthmoving and some members were disturbed by that idea, and by using existing facilities at St. John, if acquired, would save the taxpayers a lot of money, then possibly allowing for refurbishing of other fields, for example, those at Ralston.

 

With no others present asking to be heard, upon motion duly made and seconded the meeting was closed to the public.

 

Mr. Schrier said they have been discussing this for some time now and the Mt. St. John possibility is relatively new and still has a long way to go.   He said the uncertainty of the acquisition is still out there and with a number of partners in the acquisition, not all have come up with the money yet and that is a big factor. He made a motion to ask for a final design plan for a single field at the front of the India Brook Park site to be presented to the Planning Board.  Ms. Florek seconded the motion.  She said she looked at both properties recently and acknowledged that it will be some time before, or if, they will be able to acquire the Mt. St. John property.  She acknowledged need for additional fields and feels that the single field at the front of the India Brook Park site, with all the concerns being taken into consideration in the final design, would be appropriate.

 

Mr. Pierson said he believes the timing is now and the need is there.  He said they have been discussing this for three years, a master plan for the site does exist, and though it contains some things that are far beyond the ability of the Township to do, he believes this project is one that should be finalized.  He also noted that he and Mayor Krieg are representing the Township relative to the acquisition of the Mt. St. John property and funding from a lot of other organizations is needed to make it happen.

 

Mayor Krieg asked Mr. Holt to keep the comments heard this evening in mind in the preparation of the final design plan.

 

ROLL CALL – All present voted YES.

 

3.  Public Hearing on the Township’s application to the Morris County Open Space and Farmland Preservation Trust

 

Mr. Mountain reviewed the application which is for a 143.92 acre property, 131.68 in Mendham Township and the remainder in Peapack-Gladstone.  The application is for the property in Mendham Township.  The Trust for Public Lands Agreement with the Sisters of Mt. St. John the Baptist  proposes a subdivision of the portion containing the buildings and the preservation of the remaining open space.

 

Mr. Pierson made a motion to open the meeting to the public for comment on the application; Mr. Schrier seconded the motion.  ROLL CALL – All present voted YES.

 

Diana Orban Brown, 100 Ironia Road and chair of the Mendham Township Open Space Committee:  said speaking both personally and as chair of the Open Space committee, feels this is one of the most fantastic opportunities for the Township and she fully supports the application; the Open Space committee is committed to the application and she thanked all who initially approached the Sisters.

 

Diane Weeks, 22 West Main Street:  applauds and supports applications for financing the property.  She asked about affording to maintain the boilers, etc., that are at least 90 years old.  She doesn’t like the idea of the Township becoming a landlord and the cost to renovate the buildings could be in the million dollar range.  She said with the Township already committed to a new firehouse and the joint library, she is concerned about finances.   Mr. Pierson reiterated Mr. Mountain’s statement in his review that the land containing the buildings is proposed to be subdivided from the open space portion and then sold.

With no others present, upon motion duly made and seconded, the meeting was closed to the public.

 

Resolution R2006-102

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING THE FILING OF AN APPLICATION TO THE MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND

 

            WHEREAS, the Morris County Open Space and Farmland Preservation Trust Fund provides grants to municipal and county governments for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

 

            WHEREAS, the governing body of the Township of Mendham, in the County of Morris, New Jersey, desires to further the public interest by obtaining a grant in the amount of $4,000,000 from the Morris County Open Space and Farmland Preservation Trust Fund to fund the following project:

 

            Acquisition of Lot 17 and Lot 17.01 in Block 100

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, being the governing body of said Township, as follows:

 

1.      Richard H. Krieg, Mayor of the Township of Mendham, in the County of Morris, New Jersey, is authorized to:

 

a.      make application for such grant;

b.      provide additional application information and furnish such documentation as may be required;

c.      act as the authorized correspondent of the Township of Mendham; and

d.      execute agreements with the Morris County Open Space and Farmland Preservation Trust Fund if the grant is awarded to the Township.

 

2.      Furthermore, the governing body of the Township of Mendham, in the County of Morris, New Jersey, resolves that if the grant award is less than the amount requested, it has the ability and intention to provide the necessary funds for completion of the approved projects.

 

Mr. Pierson made a motion to adopt R2006-102; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES

 

4.  Presentation by Schiff Natural Lands Trust for application to the Morris County Open Space and Farmland Preservation Trust Fund

 

John Wagar, representing SNLT, said they are applying for $350,000 to expand their property by 15 acres they would acquire from St. John Baptist (not St. John The Baptist as in the Township’s application).  He said they also would be acquiring the right of first refusal if the property were ever offered for sale.

 

Upon motion duly made and seconded the meeting was opened to the public for comment.  No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

5.  Resolution R2006-99

 

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 BOROUGH OF MENDHAM IN REGARD TO TV-25

 

            WHEREAS, the Township of Mendham and the Borough of Mendham desire to enter into an Interlocal Services Agreement with respect to the operation of a local television station known as “TV-25”; and

 

            WHEREAS, only the funds actually donated to the Township pursuant to cable television franchises will be used for this purpose; and

            WHEREAS, municipalities are permitted to enter into such agreements pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.

 

            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 Mayor and Township Clerk are hereby authorized to execute an Interlocal Services Agreement between the Township and the Borough of Mendham in regard to the operation of a local television station known as TV-25.”

 

2.      A copy of the Agreement in on file in the office of the Township Clerk for inspection by the public.

 

3.      This Resolution shall take effect immediately.

 

Mr. Falcon noted that the agreement authorized by this resolution contains the conditions asked for by the Township Committee. 

 

Mr. Schrier suggested that the name TV-25 be changed to identify it as a Mendham channel and he thinks using TV-25 is a disservice to both municipalities.

 

Mr. Pierson made a motion to adopt R2006-99; Ms. Florek seconded the motion.

 

ROLL CALL –All present voted YES.

 

6.  Resolution R2006-103

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING PRODUCTION ASSISTANT FOR TV-25

 

            WHEREAS, a vacancy has occurred in the position of production assistant for TV-25; and

 

            WHEREAS, it is the recommendation of the Township Administrator to appoint Devon Staples to the position of production assistant for TV-25 and the hourly salary of $10.00;

 

WHEREAS, Jesse Patterson, the former production assistant was appointed through December 12, 2005 and has continued to provide assistance through July of 2006; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham as follows:

 

Devon Staples be appointed production assistant for TV-25 at the hourly salary of $10.00 effective July 25, 2006.

 

Jesse Patterson be compensated for providing assistance for TV-25 from January 1, 2006 through July 2006 at the hourly rate of $15.00.

 

Mr. Schrier made a motion to adopt R2006-103; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

7.  Resolution R2006-104

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING SETTLEMENT OF TAX APPEAL PENDING IN THE TAX COURT OF NEW JERSEY WITH RESPECT TO 2005 AND 2006 REAL PROPERTY TAX ASSESSMENTS

 

            WHEREAS,  the owner of the following named property instituted action in the Tax Court of New Jersey for purposes of appealing the 2005 and 2006 real property tax assessments against such property; 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 property owner; and

 

            WHEREAS, the governing body of the Township concurs with the recommendations of the Township Tax Assessor; and

 

            WHEREAS, a reassessment of property 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 Stipulation of Settlement for purposes of effecting settlement of the above-mentioned tax appeal as follows, such settlement to apply to the 2005 and 2006 tax years:

 

Block 127, Lot 94.10 (Jhunjhunwala) 

 

                        2005 Assessment  2006 Assessment          Settlement Assessment

Land                $   701,400             $   829,300              (2005) 701,400  (2006) 829,300     

Improvements   1,369,700              1,369,700                         993,600             993,600  

Total                  2,071,100              2,071,100                      1,695,000          1,695,000

 

Mr. Schrier made a motion, under protest, to adopt R2006-104; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

8.  Resolution R2006-105

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AWARDING A CONTRACT FOR THE PURCHASE OF AN AMBULANCE WITH ACCESSORY EQUIPMENT FOR USE BY THE MENDHAM TOWNSHIP FIRST AID SQUAD

 

            WHEREAS, pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A;11-1 and following, the Township of Mendham publicly advertised for sealed bids for a contract for the purchase of an ambulance with accessory equipment for use by the Mendham Township First Aid Squad; and

 

            WHEREAS, in response to the advertisement for bids, the Township received the following bid on June 16, 2006:

 

            Bidder                                                  Amount Bid

 

Bay Head Investments, Inc. D/B/A                 $161,897.00

VCI

45 Cross Keys Road

Berlin, New Jersey 08009

 

            WHEREAS, the governing body of the Township has determined that the bid meets the requirement of the bidding documents, is reasonable in amount and that a contract should be awarded to Bay Head Investments, Inc., D/B/A VCI for the purchase of an ambulance pursuant to the bidding documents; and

 

            WHEREAS, the Chief Financial Officer, being the Township official in charge of maintaining the financial records 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 said appropriation for payment of the contract price, and a copy 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 as required by law, and a copy of said statement is attached hereto and made a part hereof.

 

            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 contract is hereby awarded to Bay Head Investments, Inc. D/B/A VCI for the purchase of an ambulance with accessory equipment as specified in the bidding documents, such contract to be in the amount of $161,897.00.

 

2.      The Mayor is hereby authorized to execute a contract in the form provided in the contract bidding documents between the Township and Bay Head Investments, Inc. D/B/A VCI pursuant to the provisions of Paragraph 1 of this Resolution, 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 valid and legally binding obligation of the Township in accordance with the terms thereof, and the proper officials of the Township are hereby authorized and directed to perform any and all acts necessary to carry out such agreement.

 

3.      Payment by the Township to Bay Head Investments, Inc. D/B/A VCI pursuant to the contract authorized by this Resolution shall be made from the following appropriation:

Ordinance 3-2006

 

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

 

4.      Certified copies of this Resolution shall be forwarded by the Township Clerk to Bay Head Investments, Inc. D/B/A VCI

 

5.      This Resolution shall take effect upon adoption.

 

Mr. Pierson made a motion to adopt R2006-105; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

9.  Resolution R2006-106

 

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:

 

  [  ]  personnel                                    [x] negotiations

  [x]  acquisition of property                 [x] litigation

  [x]  attorney/client privilege 

             

shall be discussed by the Township Committee without the presence of the public.  It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

 

Mr. Schrier made a motion to adopt R2006-106; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

10.  Raffle Application RA#135 for the Minutemen Sports Club was approved.

 

11.  Resolutions R2006-106, R2006-107 and R2006-108

                                                                                   

Mr. Pierson made a motion to adopt these three resolutions which are part of the Township’s application to the USDA for funding in connection with the disposal bed project at Mendham East Wastewater Treatment Plant; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES on Resolutions R2006-107, R2006-108 and R2006-109.

Copies of these Resolutions are attached hereto and made a part hereof.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain reported that the architect is preparing the final design plan for the emergency service building.  That plan will be reviewed with the full emergency services committee.  He said that the funding ordinance will be introduced on August 14th with final adoption on September 11th.  He said a contract should then be awarded at the second meeting in September.

 

2.  Mr. Mountain said they should hear by July 28th about the extraordinary aid application and once that is in place the 2006 budget can be adopted. He said once the budget is adopted the tax rate can be established and tax bills sent out, with the grace period extended to 25 days from the date of the mailing of the bills.

 

3.  Mr. Mountain introduced Thomas Russomano who is serving as an intern to the Township and Borough this summer.  The internship was funded through the New Jersey Municipal Management Association.

 

OPEM ITEMS LIST

 

The Open Items List was reviewed an updated.

 

CORRESPONDENCE

 

1.      Historic Preservation Committee Chair / Article re teardown

2.      NJLM Advisory (10)

3.      Invitation to Morris County Remembrance 9/10/06

4.      First Energy / storm restoration

5.      Paul Ciancimino/ India Brook Park

6.      Daryl Brewster(2) / India Brook Park & TV-25

 

LEGISLATIVE REPORT

 

Mr. Pierson asked the Committee for comments regarding the NJLM request for governing bodies to contact their legislators and urge them to advance the Citizens Convention question to the voters.  Mayor Krieg said his concern is that there are so many topics that cannot be discussed it becomes a discussion of revenue and not expenditures.  Ms. Florek suggested contacting the legislators but to include the concerns expressed by Mayor Krieg. 

 

Mr. Pierson suggested a resolution to support the Mayors Wellness Campaign.

 

R2006-110

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM,  ENCOURAGING RESIDENTS OF MENDHAM TOWNSHIP TO PARTICIPATE IN MAYORS WELLNESS CAMPAIGN ACTIVITIES

 

            WHEREAS, across New Jersey, communities are facing a rise in health care costs; and

 

            WHEREAS, physical activity levels have been decreasing and obesity rates increasing; and

 

            WHEREAS, local leaders are looking for ways to promote active living, healthy eating and overall wellness in their communities; and

 

            WHEREAS, the Mayors Wellness Campaign works with Mayors and key leaders to shape healthier lifestyles for the men, women and children in their communities; and

 

            WHEREAS, communities can work towards the goal of healthier citizens and lower health care costs by championing practices and programs that promote active living; and

 

            WHEREAS, the Mayors Wellness Campaign will work to implement a comprehensive program of outreach, education and technical assistance activities to combat obesity and inactivity issues for the Township of Mendham.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham to ask that all residents of this community join us in supporting the Mayors Wellness Campaign; and

 

            BE IT FURTHER RESOLVED to encourage the residents of Mendham Township to participate in Mayors Wellness Campaign activities to promote exercise, eating properly and living a healthier and better life.

 

Mr. Schrier made a motion to adopt R2006-110; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES

 

Mr. Pierson said the NJLM is pushing the current issue of deer carcass removal as a state mandate – state pay.  Mr. Schrier noted that notion of state mandate – state pay is this case comes from the Morris County Board of Freeholders who filed a law suit against the state asking that the state be required to collect the deer and that was based upon comments he made expressing that the deer do not belong specifically to any one municipality but to the people of the state of NJ.   He said, in the meantime, the county cooperative pricing council has sent out bids which were opened last week and the successful low bidder was the contractor who has been not picking them up for the state!  He advised the council that Mendham Township had many occasions when the contractor did not respond.  He said the next lowest bidder was three times the low bid cost and he persuaded the coop to accept the bid for only one year and to monitor the contractor closely.   Mr. Mountain said, in his experience,  the coop has a complaint process and only after a certain number of complaints would they remove the bidder in favor of the next bidder.

 

HEARING PERSONS PRESENT

 

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

 

Marian Koste, 92 Ironia Road:  said for the past several years she has been coping with a situation on neighboring property that has caused water runoff to create water and mud being washed onto her property.  She is grateful for our DPW and the help they have given her but she would like the soil conservation district and the Township engineer to put into writing the history of her problem in order to prevent future incidents.  She suggested this might also be a project for the environmental commission.  Mr. Pierson agreed that Mrs. Koste has been in a terrible situation and perhaps setbacks for conservation easements may be part of the solution in order to protect neighbors when adjacent properties are subdivided.  Mrs. Koste also reported that trucks are constantly coming into the property with fill on weekends.    Mr. Mountain said a lot disturbance ordinance is being worked on by the engineer.

 

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 9:37 p.m.

 

Mr. Mountain updated the Committee on the Conti-McGlynn property appraisals.  The possible acquisition of the Mt. St. John The Baptist property was discussed.  Mr. Falcon briefed the Committee on a litigation matter. 

 

Upon motion duly made and seconded the Committee returned to open session at 10:28 p.m.

 

With no other matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:28 p.m.

 

Respectfully submitted:

 

 

 

Penny Newell

Township Clerk

 

Attachments:

 

Approved Bill List

Resolutions R2006-107, 108 and 109

 

 

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