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MINUTES – MENDHAM TOWNSHIP COMMITTEE July 9, 2007 Mayor Florek called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mayor Florek, Mr. Schrier, Mr. Krieg,
Mr. Cioppettini
Absent:
Mr. Phelan
Also Present: Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Florek read the following statement: STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the
Observer Tribune and the Daily Record on January 11, 2007; Notice was posted on
the bulletin board in Township Offices and Notice was filed with the Clerk on
January 11, 2007.” APPROVAL OF MINUTES -
.June 26, 2007 – Mr. Schrier made a motion to approve these minutes as
written; Mr. Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS 1.
Ordinance 10-2007 – Second an ordinance to amend ordinance 8-2007 “an
ordinance fixing the salaries of certain officers and employees of the township
of mendham, in the county of morris, new jersey” Upon motion duly made and seconded the meeting was opened to the public.
No one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public. Mr. Krieg made a motion to adopt Ordinanc 10-2007; 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.
Jon Roth, President of Brookside Engine Company asked that the following
letter be entered into the record:
July 8, 2007
Mayor Florek and the
Dear Mayor Florek and Committee Members:
I am writing this letter on behalf of the members of the Brookside Engine
Co. #1 to detail concerns about the firehouse project, both in terms of the
process and specific details of the construction.
While we have tried to work with appropriate individuals and
subcommittees over time, the following issues persist and lack appropriate
resolution. The following are not
frivolous issues, but basic operational and safety issues.
The fire company and first aid are in the process of finalizing plans for
the fit out details for which we will incur considerable expense.
This itemized list relates to needs and not wants.
It’s not my intention to ignore that some strides have been made by the
Committee this year, but much more needs to be done.
Please note that additional issues have only been found overtime only due
to the diligence of some of our members, excluded from earlier meetings.
Uncovering and addressing issues arising from the construction as it
proceeds would be facilitated by greater involvement of BEC.
We are the end users and have a greater knowledge of the needs for a
fully functioning firehouse/first aid station.
The following items are addressed to you tonight for your review and
consideration. We will return in two
weeks to discuss them in detail. In
the past, the users have often been ignored and sidelined.
We want to change that. ITEMS: 1)
Floor – the paint is a problem.
It was not our recommendation which was for a laminate.
Cost is an issue, but pay now or pay later. 2)
Hose reels, truck fills, a connection to hose down
the bay floor 3)
Air Filtration system 4)
HVAC system and the space considerations 5)
Electric for Memorial Plaque 6)
Walk in Box – sizing issue in the current plan a
problem? 7)
Complete set of final approved plans, spec book,
change orders to present 8)
Generator – final determination 9)
No antenna conduit from roof to base station The usability, the functionality, the safety
of the town’s new firehouse under construction is our concern. A frank
discussion is needed to get the end result that we all want. The alternative is
the added expense of correcting, post construction, items that could have been
fixed earlier. Very truly yours, Jon Roth President Brookside Engine Co. #1 NEW BUSINESS 1. Presentation by Tim McAndrews, AFLAC. Mr. McAndrews gave a brief overview of a supplemental insurance program that AFLAC could make available to Township employees. There is a three (3) employee minimum with no cost to the Township as participation would be through a payroll deduction.
2.
Judith Kern and Sherran Rapp introduced the Committee to the newly formed
Mendham Township Education Foundation. Other
officers not present are Sally Mulcahy and Barbara Stack.
“The MTEF is a non-profit organization founded to support excellence in
learning for elementary and middle school students in 3.
Approval of Audit. CFO
Jeffery Therriault and Kathi Mantell of Nisivoccia and Co. were in attendance to
address the 2006 Audit. Ms.
Mantell briefly reviewed the process and resulting audit noting that the
Township continues to be in excellent financial condition.
She noted the few recommendations contained in the audit and explained
how those were being addressed. Mr.
Therriault addressed the fixed asset comments regarding the issue about
municipal property being reflected at current value rather than actual cost at
the time of acquisition. Ms. Mantell
said it should be reflected at actual cost.
R2007-101 WHEREAS,
N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an
annual audit of its books, accounts and financial transactions; and
WHEREAS, the Annual Report of Audit for the year 2006 has been filed by a
Registered Municipal Accountant with the Municipal Clerk as per the requirements
of N.J.S. 40A:5-6, and a copy has been received by each member of the governing
body; and
WHEREAS, the Local Finance Board of the State of New Jersey is authorized
to prescribe reports pertaining to the local fiscal affairs, as per R.S.
52:27BB-34; and
WHEREAS, the Local Finance Board has promulgated a regulation requiring
that the governing body of each municipality shall by resolution certify to the
Local Finance Board of the State of
GENERAL COMMENTS
RECOMMENDATIONS and
WHEREAS, the members of the governing body have personally reviewed as a
minimum the Annual Report of Audit, and specifically the section of the Annual
Audit entitled: GENERAL COMMENTS
RECOMMENDATIONS as evidenced by
the group affidavit form of the governing body; and
WHEREAS, such resolution of certification shall be adopted by the
governing body no later than forty-five days after the receipt of the annual
audit, as per the regulations of the Local Finance Board; and
WHEREAS, all members of the governing body have received and have
familiarized themselves with, at least, the minimum requirements of the Local
Finance Board of the State of to the affidavit,
as provided by the Local Finance Board; and
WHEREAS, failure to comply with the promulgations of the Local Finance
Board of the State of New Jersey may subject the members of the local governing
body to the penalty provisions of R.S. 52:27BB-52 - to wit: R.S. 52:27BB-52 -
“A local officer or member of a local governing body who, after a date fixed
for compliance, fails or refuses to obey an order of the director (Director of
Local Government Services), under the provisions of this Article, shall be
guilty of a misdemeanor and, upon conviction,
may be fined not more than one thousand dollars ($1,000.00) or
imprisoned for not more than one year, or both, in addition shall forfeit
his office.”
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Township of
Mendham, hereby states that it has complied with the promulgation of the Local
Finance Board of the State of New Jersey dated July 30,1968 and does hereby
submit a certified copy of this resolution and the required affidavit to said
Board to show evidence of said compliance. Mr. Schrier made a
motion to adopt R2007-101; Mr. Krieg seconded the motion.
ROLL CALL – All
present voted YES. 4.
Michael Catania and Jon Wagar, representing Schiff Natural Lands Trust,
gave a presentation regarding an application that the SNLT and the Borough of
Mendham will be submitting to the Morris County Open Space and Farmland
Preservation Trust. The application
is for the acquisition of 107 acres, 13 of which are in The Committee
adopted the following resolution in support of this application: R2007-104 RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
WHEREAS, the Schiff Natural Lands Trust (“SNLT”) intends to make an
application in the amount of $5,000,000.00 together with the Borough of Mendham
to the Morris County Open Space Trust for funding to assist in the acquisition
of the Valley Brook Springs Project consisting of 107 acres with 13 acres
thereof lying within the Township of Mendham; and
WHEREAS, a hearing on the subject proposal was held on this date at which
time public comment was received; and
WHEREAS, SNLT has requested that the
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
The Township endorses the
aforesaid application of Schiff Natural Lands Trust and the Borough of Mendham
to the Morris county Open Space Trust. 2.
The Township Clerk shall
provide a certified copy of this written resolution to the Secretary of Schiff
Natural Lands Trust within ten days of the date hereof. 3.
This Resolution shall take
effect immediately. Mr. Schrier made a
motion to adopt R2007-104; Mr. Krieg seconded the motion.
ROLL CALL – All
present voted YES. Upon motion duly
made and seconded the meeting was opened to the public for comment on this
application. Jon Wagar, There being no
others present who asked to be heard, upon motion duly made and seconded the
meeting was closed to the public. 5.
R2007-93 A copy of
Resolution R2007-93 is attached hereto and made a part hereof. Mr. Krieg made a
motion to adopt R2007-93; Mr.
Schrier seconded the motion.
Mr. Schrier noted
his objection to allowing the deer fence to remain an encroachment on the rear
conservation easement. ROLL CALL – Mr.
Krieg, Mr. Schrier and Mayor Florek voted YES.
Mr. Cioppettini abstained. 6.
R2007-94 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
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 Matters relating
to: [x]
contract / 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 R2007-94; Mr. Cioppettini seconded the motion.
ROLL CALL – All
present voted YES. 7.
R2007-95
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ENDORSING THE APPLICATION BY THE BOROUGH OF MENDHAM TO THE NJDOT TRANS-PORTATION TRUST FUND MUNICIPAL AID PROGRAM FOR FISCAL YEAR 2008 WHEREAS, the NJDOT makes funds available to municipalities and counties for road improvement projects through the municipal aid portion of the New Jersey Transportation Trust Fund; and WHEREAS, the Borough of Mendham is applying to the New Jersey Department of Transportation for funds that are available under the New Jersey Transportation Trust Fund Authority Act, Fiscal Year 2008 Municipal Aid Program for the purpose of constructing improvements to Lowery Lane, which is in both the Borough and Township.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Schrier made a motion to adopt R2007-95; Mr. Cioppettini seconded the motion . ROLL CALL – All present voted YES. 8. R2007-96 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING REDUCTION OF PERFORMANCE BOND FOR K. HOVNANIAN GOVERNOR ESTATES AT MENDHAM SUBDIVISION WHEREAS, a Performance Bond was furnished by K. Hovnanian Governor Estates at Mendham Subdivision; and WHEREAS, the developer has requested the reduction of the Performance Bond and the Township Engineer has recommended the reduction of the Performance Bond to the amount of $480,948.30 in accordance with the revised Estimate provided by the Township Engineer and attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. The Performance Bond provided by K. Hovnanian Governor Estates at Mendham is hereby reduced to the amount of $480,948.30. 2. A certified copy of this Resolution shall be forwarded to K. Hovnanian Mr. Schrier made a motion to adopt R2007-96; Mr. Krieg seconded the motion. ROLL CALL – Mr. Krieg, Mr. Schrier and Mayor Florek voted YES. Mr. Cioppettini voted NO. 9. The Committee discussed a letter received from the Board of Trustees of the Morris S. Frank Housing Corporation. The Board is requesting consideration by the Township Committee to fund a stipend to be given to a person willing to undertake the administration of the Township’s affordable housing for resales, etc. The MSFHC is willing to fund the first year at $2000 and they are asking the Township to continue at that amount for subsequent years. The MSFHC has a limited source of income ($400 for each resale) and they are concerned that any major expense could deplete their treasury. Mr. Mountain recommended that the Committee counter with funding a portion of the request. Mr. Schrier said he is in favor of funding for 2008. Mr. Krieg and Mr. Cioppettini agreed to funding one half for 2008 and for the MSFHC becoming self-funding after that. 10. R2007-97 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, Resolution R2007-81 was adopted by the Township Committee on June 11, 2007; and WHEREAS, the salaries for the Chief and the Lieutenant in the Mendham Township Police Department require amending to include their longevity as agreed upon previously; and WHEREAS, the salary of the Chief of Police was listed at $120,051.00 and should have been $121,051.00; and WHEREAS, the salary of the Lieutenant was listed at $105,684.00 and should have been $106,684.00.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
1. The 2007 salary for Thomas Costanza, Chief of Police is $121,051.00. 2. The 2007 salary for James Hughes, Lieutenant is $106,684.00. Mr. Krieg made a motion to adopt R2007-97; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 11. R2007-98 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, Harry Speck has successfully completed the appropriate probationary period of employment; and WHEREAS, the Superintendent of the Department of Public Works has reported that Harry Speck has completed probationary status and recommends that he be appointed a permanent employee of the Department. NOW, THEREFORE, BE IT RESOLVED that Harry Speck be appointed as a permanent employee in the Department of Public Works effective July 2, 2007. Mr. Krieg made a motion to adopt R2007-98; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 12. R2007-99 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, a tax overpayment has been made on a certain property in the NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby, directed to refund the following amount as indicated: Block/Lot Property Owner Amount 109/63 First American Real Estate Tax $4,226.87 Mr. Krieg made a motion to adopt R2007-99; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 13. R2007-100 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, appeals were filed with the State of NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby directed, to refund the following: Block/Lot Name Amount of Refund 104/9 Andruskevich $2,629.96 123/38 Flynn $5,113.40 127/27 Cofield $1,480.00 127/94.03 Bluestone $2,940.76 127/105.2 Motto $3,739.96 127/105.3 Motto $2,257.00 127/105.4 Motto $3,800.64 Total $21,961.72 Mr. Schrier made a motion to adopt R2007-100; Mr. Cioppettini seconded the motion. ROLL CALL – All present voted YES. 14. R2007-102 R2007-102 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, the Township Committee of the Township of Mendham, in the County of Morris, New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and WHEREAS, the Township Committee further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and
WHEREAS, the Township Committee has applied for funding to the
Governor’s Council on Alcoholism and Drug Abuse through the
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the 1.
The Township Committee does hereby authorize submission of an
application for the 2. The Township Committee acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements. Mr. Cioppettini made a motion to adopt R2007-102; Mr. Krieg seconded the motion. ROLL CALL – All present voted YES. 15. R2007-103 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR BROOKSIDE BEACH STAFF FOR 2007
BE IT RESOLVED by the Township Committee of the
Concession Stand Lauren Taistra $6.50/hr
Mr. Schrier made a
motion to adopt R2007-103; Mr. Krieg seconded the motion.
ROLL CALL – All
present voted YES. ADMINISTRATOR REPORT 1. Mr. Mountain reported that an analysis of the emergency services building will be in two parts: construction and funding. He said that from this point on this project will have to be managed very carefully and with some positive steps there will be a positive outcome. He said the venting situation is being worked out with no added cost to the Township. The exhaust system issue is still open. Re-engineering of the generator wiring to match the generator is being done. 2.
Mr. Mountain said the India Brook Park project has begun with a
pre-construction meeting. The limits
of construction are being staked out this week and groundbreaking will be
scheduled soon. 3.
Mr. Mountain reported that the Cider Mill Trust will be coming to the
Committee with a site plan and public hearing on the parking area.
Mr. Schrier said he will attend the Historic Preservation Committee
meeting on July 10th to discuss issues related to the acquisition of
artifacts. OPEN ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1.
2.
Morris 3. Roger Berlin to NJDEP / Mendham Golf and Tennis 4. NJLM (11) 5. NJ Dept of Treasury / Chapter 62, P.L. 2007 (SHBP) Mayor Florek asked about #3.
Mr. Mountain explained that this is an application by Mendham Golf and
Tennis to the DEP and Mr. Mayor Florek noted correspondence from the Brookside Engine Company and it was decided that Mr. Krieg will contact Mr. Pierson and ask him to meet with Mr. Cioppettini and representatives from BEC to discuss issues relative to the emergency services building. Mr. Krieg said he is disappointed that BEC is now asking to renegotiate items that had been agreed to at the beginning of the building process. Mr. Cioppettini said he will work out the issues. Mayor Florek referred to correspondence from Chief Costanza
regarding issues with the dispatch service.
Mr. Mountain said a meeting is scheduled with the County on July 20th
and he also said there have been improvements.
Mr. Mountain said the Mayor Florek noted
an announcement she received regarding a campaign scheduled for September to
promote ovarian cancer awareness. The
request is for teal ribbons to be tied on trees on the main streets to coincide
with the campaign. Mr. Mountain
explained that the Township is instituting web and direct payment for taxes.
He said a letter will be sent to all residents with this new information. LEGISLATIVE REPORT Mr. Schrier said
because the Legislature is not in session there is no report 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. Upon motion duly made and seconded the Committee went into closed session
at 9:30 p.m. Mr. Cioppettini briefed
the Committee on a meeting he and Mr. Mountain had with Construction Technology
regarding the emergency services building. One personnel matter was discussed and Mr. Cioppettini reported that he
has arranged a meeting with the Ralston Engine Company so that he can become
familiar with their membership and operation. Upon motion duly made and seconded the Committee returned to open session
at 9:51 p.m. With no additional matters to come before the Committee, upon motion duly
made and seconded the meeting adjourned at 9:51 p.m Respectfully submitted: Penny Newell, Township Clerk Attachments: Approved Bill List Resolution R2007-93 |
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