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MINUTES – MENDHAM TOWNSHIP COMMITTEE August
14, 2006 Mayor Krieg called the meeting to order at
7:30 p.m. in Township Hall, ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Mr.
Phelan, Ms. Florek
Absent:
Mr. Schrier
Also Present: 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 – July
25, 2006 – Ms. Florek made a motion to approve these minutes as written; Mr.
Pierson seconded the motion. ROLL
CALL – All present voted YES.
OLD BUSINESS – No Old Business HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened
to the public. Hannah Staples, No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Ordinance
19-2006 / First bond ordinance providing for the construction of a new brookside fire station in and by the township of mendham, in the county of morris, new jersey, appropriating $3,300,000 therefor, and authorizing the issuance of $3,142,000 bonds or notes of the township to finance part of the cost thereof Mr. Mountain reviewed the process leading to the point of putting the financing in place for the construction of the new firehouse. He indicated that bids could go out by the end of this week and a pre-bid meeting would be scheduled for the end of August. Bids would be submitted the third week in September and a contract awarded at the September 26th meeting. Mr. Pierson made a motion to adopt Ordinance19-2006 upon first reading with second reading and public hearing to be scheduled for September 11, 2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 19-2006 is attached hereto and made a part hereof. 2. Resolution R2006-111 This resolution amends the 2006 Municipal Budget to incorporate the extraordinary aid received from the state and also to incorporate several other smaller grants that have been received. Mr. Phelan made a motion to adopt R2006-111; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. A copy of Resolution R2006-111 is attached hereto and made a part hereof. 3. Public
Hearing on Application to the Because of an error in the public notice of the public hearing original scheduled for the July 25, 2006 meeting, the public hearing was renoticed for this date. Mr. Mountain reviewed the application that
is for a 143.92 acre property, 131.68 acres in 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. 4. Charles Nahabedian, Director of the Mendham Area Senior Housing (MASH) presented a request for additional funding from the Township to cover an increase in their insurance costs. Mr. Mountain advised the Committee that they could make a policy decision, in principle, to provide the additional funds if the billing came in at a higher rate than anticipated. The Committee agreed. 5. Mayor Krieg reported that there are municipalities that have adopted ordinances to require a maintenance guarantee from developers for storm water detention facilities. Mr. Falcon said there is no reason for a municipality to not adopt a similar ordinance and he recommended tailoring an ordinance closely with what has been upheld in court. The Committee asked Mr. Falcon to draft an ordinance for their consideration. 6. Mr.
Mountain reported a request from a RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR BROOKSIDE BEACH STAFF FOR 2006
BE IT RESOLVED by the Township Committee of the Concession Stand Cashier: Casey LaFerriere $6.50/hr Mr. Phelan made a motion to adopt R2006-112; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2006-113 RESOLUTION
OF THE
WHEREAS, an emergency has arisen requiring the appropriation of funds of
the Township in the amount of $21,000 to provide for the replacement of the air
conditioning compressor at the Municipal Building; and
WHEREAS, the total amount of emergency appropriations created, including
the appropriation to be created by this resolution, is $21,000, and 3% of the
total current and utility operating appropriations in the budget for 2006 is
$265,393.71; and
WHEREAS, the foregoing appropriation, together with prior appropriations,
also does not exceed 3% of the total operating appropriations in the budget for
2006 ($266,023.71); now, therefore,
BE IT RESOLVED (by not less than two-thirds of the full membership of the
governing body affirmatively concurring) in accordance with N.J.S.A. 40A:4-48 as
follows: 1.
An emergency appropriation is hereby made to
provide for the replacement of the air conditioning compressor at the 2.
The emergency appropriation set forth in
Section 1 shall be provided for in full through a reappropriating ordinance
pursuant to N.J.S.A. 40A:2-39. 3.
Any actions taken prior to the adoption of
this emergency appropriation to replace the air conditioning compressor at the 4.
Two certified copies of this resolution
shall be filed with the Director of the Division of Local Government Services. 5.
This resolution shall take effect
immediately. Mr. Pierson made a motion to adopt R2006-113; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 9. Ordinance 20-2005/First Reading/Re-appropriation of funds ordinance
reappropriating $21,000 proceeds of obligations not needed for their original
purpose in order to provide for the replacment of the air conditioning
compressor at the Ms. Florek made a motion to adopt Ordinance 20-2006 upon first reading with second reading and public hearing to be scheduled for September 11, 2006; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 20-2006 is attached hereto and made a part hereof. 10. Resolution R2006-114 RESOLUTION
AMENDING THE TWO RESOLUTIONS ADOPTED JULY 25, 2006 AUTHORIZING THE USDARD LOAN
TO REDUCE THE BORROWING TO $1,210,500
WHEREAS, the Township of Mendham, in the County of Morris, New Jersey was
awarded $100,000 Extraordinary Aid now available to reduce the loan to be
received from USDARD from $1,310,500 to $1,210,500; now, therefore,
BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE
Section 1. The resolution of
the Township Committee entitled, “Loan Resolution authorizing and providing
for the incurrence of indebtedness for the purpose of providing a portion of the
cost of acquiring, constructing, enlarging, improving, and/or extending its
sewer facility to serve an area lawfully within its jurisdiction to serve”
adopted July 25, 2006 is hereby amended to change the amount of the loan from
$1,310,500 to $1,210,500.
Section 2. The title of the
resolution of the Township Committee entitled, “Resolution Determining the
Form and Other Details of a $1,310,500 General Obligation Bond of the
Township of Mendham, in the
County of Morris, New Jersey and Providing for the Sale of Such
Bond to the United States of
America” adopted July 25, 2006 (the “Form and Sale Resolution”) is hereby
amended to change the amount set forth therein from $1,310,500 to $1,210,500.
Section 3. The Form and Sale
Resolution is amended to read as follows: (a) every reference to the amount of
“$1,310,500” shall read “$1,210,500”; (b) the amount to be issued
pursuant to ordinance #9-2004 set forth in Section 1 shall read “$935,000”;
(c) the average period of usefulness set forth in subsection (a) of
Section 1 shall read “33.93 years”; (d) the form of the bond shall be
changed to refer to the “resolution adopted July 25, 2006, as amended August
14, 2006;” and (e) the reference to the principal and interest payments in the
amount of $34,847 payable semiannually shall be changed to read “$32,188.”
Section 4. This resolution
shall take effect immediately. Mr. Phelan made a motion to adopt R2006-114; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 11. Resolution R2006-115 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, construction permit #06-0069, for the construction of a single-family home on Lot 108 in Block 127, was issued to Quality Custom Homes, LLC; and WHEREAS, since the issuance of permit 06-0069, Lot 108 in Block 127 has been sold by Quality Custom Homes, LLC; and WHEREAS, Quality Custom Homes, LLC requested a refund of monies paid for permit 06-0069 as well as any Lot Development Permit escrow fees paid in connection with the development of Lot 108 in Block 127; and WHEREAS, it is the recommendation of the Construction Official that the fee for permit 06-0069, less 20% for plan review, as well as the remaining funds in the Lot Development Permit escrow account be refunded to Quality Custom Homes, LLC.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Construction Permit 06-0069 $7,627.00 Less 20% for plan review $1,525.40 Amount of refund $6,101.60 Amount remaining in escrow to be refunded: $88.00
Total amount to be refunded: $6,189.60 Mr. Phelan made a motion to adopt R2006-115; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 12. Resolution R2006-116 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] personnel
[x] negotiations
[ ]
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.
Phelan made a motion to adopt R2006-116; Ms. Florek seconded the motion. ROLL
CALL – All present voted YES. ADMINISTRATOR REPORT 1. Mr. Mountain reported notification from the Green Acres Program of approval for $300,000 in grant funds conditional upon the passage of legislation to continue the Green Acres Funding. 2. Mr. Mountain noted that the Mendham East Wastewater Treatment Plant rate increase would be substantially lower that what it would have been because the Township has received $100,000 in extraordinary aid for the disposal bed project. He said the new rate would be established in the fall. OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1. NJ Municipal Employee Benefits Fund/Introduction to Services 2. NJLM/Mayors Fax Advisory (6) 3.
NJLM 4. NJLM Legislative Bulletin 5.
6. Borough of Mendham/Invitation to Labor Day Parade (need RSVP) 7.
Mayor Nace ( Mayor Krieg asked if anyone has looked into
the NJ Municipal Employee Benefits Fund. Mr.
Mountain said he is familiar with the fund and it is a good fund that has done
well but in his previous experience it might not be a good fit for The passings of former Township Clerk Ann B. Mills and also of former Ralston Engine Company Member Richard Hahn were noted. Ms. Florek asked about the percentage of gross revenue that cable franchise holders remit to municipalities, noting that she heard that it was 3.5%. Mr. Mountain will follow up. LEGISLATIVE REPORT Mr. Pierson reported that the NJLM supports voluntary combinations/sharing between municipalities but is not endorsing legislation to mandate. He said he hopes they follow that course. 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 8:25 p.m. A vacancy in the Municipal Court was discussed.
The contract with EI Associates relative to the emergency services
building was reviewed. The Committee
reviewed the emergency services dispatching contract. Upon motion duly made and seconded the Committee returned
to open session at 9:02 p.m. The following resolution was offered: R2006-117 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, a vacancy has occurred in the office of Part Time Deputy Court Administrator; and WHEREAS, Meriette Arwady has applied for the position and appears to possess the skills necessary for the performance of the duties of Part Time Deputy Court Administrator; and WHEREAS, the Court Administrator and the Township Administrator have interviewed Ms. Arwady and have recommended to the Township Committee that Ms. Arwady be offered the position of Part Time Deputy Court Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Phelan made a motion to adopt R2006-117; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. With no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 9:04 p.m. Respectfully submitted: Penny Newell Township Clerk Attachments: Approved Bill List Ordinance 19-2006 Ordinance 20-2006 Resolution R2006-111 ADJOURNMENT |
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