MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

August 22, 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

Andrew Brewer, Esq. for 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 August 14, 2006 – Mr. Pierson made a motion to approve these minutes as written; Ms. Florek 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. 

Larry Paragano, Knollwood Trail:  asked why the police building was going to be discussed in closed session.  Mayor Krieg responded that the discussion would involve contract negotiations.

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

NEW BUSINESS

1.  Public Hearing on Amendment to 2006 Municipal Budget:  Kathryn Mantell, Township Auditor, explained the amendment reflects changes due to the receipt of grants since the introduction of the budget.  The grants include extraordinary aid for the Mendham East Wastewater Treatment Plant disposal bed project as well as several other small grants.

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

Mr. Pierson made a motion to adopt the amendment to the budget; Ms. Florek seconded.

ROLL CALL – All present voted YES.

2.  Adoption of 2006 Municipal Budget

Ms. Florek noted the commendable job done by the CFO in preparing the budget.  Mr. Pierson said that it’s always nice to change the budget because of money coming in!

Ms. Mantell said she is amazed that the Township of Mendham is receiving extraordinary aid, noting that the Township has overcome a huge hurdle by receiving that aid which will reduce taxes.  She commended the Township for persevering in the extraordinary aid application process.

Ms. Florek made a motion to adopt the 2006 Municipal Budget; Mr. Pierson seconded.

ROLL CALL – All present voted YES.

3.  Discussion of Enforcement of Brush Collection Ordinance.  Mayor Krieg reported that the Township Attorney would be drafting an amendment to the brush collection ordinance that will eliminate the provision for tying brush put out for collection by the DPW.  It is hoped that this ordinance will have gone through the adoption process prior to the fall pick up this year.

4.  Resolution R2006-118

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

  [  ]  attorney/client privilege 

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

Mr. Pierson made a motion to adopt R2006-118; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2006-119                  

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , TO ESTABLISH DATES FOR HUNTING FROM TREE STANDS ON TOWNSHIP OWNED NATURAL AREAS

            WHEREAS, the Township Committee appointed a Wildlife Management Committee to advise the governing body on matters involving non-domestic animals; and

            WHER EAS, the Wildlife Management Committee has recommended that deer hunting, from tree stands only, be allowed according to the following calendar schedule in the natural areas:

q       Shotgun deer hunting from tree stands:

Buttermilk Falls                        December 4-9 and 13,14,15, 2006

                                                January 11, 18, 25, 2007

                                               February 1 and 14, 2007

Burnett Brook                           November 20 and 24, 2006

Meadowood                            December 4-9 and 13, 14, 15, 2006

      India Brook                             January 7,11,14,18,21,25 and 28, 2007

                                                February 1 and 14, 2007

These areas will be closed to the public on the dates listed above.

q       Bow and Arrow deer hunting from tree stands in Tempe Wick, India Brook, Burnett Brook, Meadowood and Dismal Harmony from September 9, 2006 – November18, 2006.  Cold Hill Preserve will also be open to hunting from September 9 – February 17, 2007.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the

Township of Mendham , to approve the schedule noted above and to authorize that appropriate measures be taken to post the Natural Areas to note the dates and hours of closure to the public.

            BE IT FURTHER RESOLVED that the Mendham Township Wildlife Management Committee is responsible for scheduling hunters with valid permits in the parks.

Mr. Schrier asked about the total number of deer taken in the Township last year.  Chief Costanza will obtain that information.   Mr. Pierson noted that John Mallon, a member of the Township Wildlife Management Committee has been asked to serve on the Morris County committee on hunting. 

Ms. Florek made a motion to adopt R2006-119; Mr. Pierson seconded the motion.

ROLL CALL; Mr. Pierson, Ms. Florek and Mayor Krieg voted YES.  Mr. Schrier voted NO.

ADMINISTRATOR REPORT

1. Mr. Mountain reported that the bidding documents for the Emergency Services Building are available for bidders.  There is a pre-bid meeting scheduled for August 29^th and bids are being received on September 21^st with the award of contracts at the September 26^th meeting.

OPEM ITEMS LIST

The Open Items List was reviewed an updated.

Mr. Pierson asked if there was any new information regarding the joint library.  Mayor Krieg said he spoke to Mayor Kraft who indicated he has not been able to reach the owner of the property that is being donated.

CORRESPONDENCE

1.      NJLM/Mayors Fax Advisory (4)

2.      Administrative Office of the Courts/Security Plan

3.      Ralston Cider Mill/Annual Report

4.      NJDEP Notice of Violation to Bill-Pat, Inc. & reply from Bill-Pat, Inc. to NJDEP

5.      NJDEP to Morris County Engineering/Tingley Road Bridge

6.      9^th District Legislative Offices/Statewide Equalized School Tax

LEGISLATIVE REPORT

Mr. Pierson referenced correspondence from the Administrative Office of the Courts regarding a mandated schedule of protection improvements for court facilities.  Mayor Krieg will respond regarding the responsibility for funding these mandates.

Mr. Pierson suggested a resolution for the next meeting similar to one received from Mt. Olive that addresses cuts to state spending to reduce property taxes.

Mayor Krieg noted a letter from Township resident Anthony Franklin commending the Township’s police, fire department and first aid squad for rendering assistance at an accident scene where a drunk driver hit his vehicle.

HEARING PERSONS PRESENT

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

Bob Zimmerman, West Main Street; suggested that the Yield to Pedestrian signs that are used in the center of Brookside be replaced as the signs look as if they have been hit more than once, which, he noted, is better than the alternative of pedestrians being hit.

No others 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 8:09 p.m.

Township Engineer Tom Lemanowicz was present for the following discussions.

Mr. Mountain updated the Committee on matters regarding the acquisition of two parcels of property and Mayor Krieg noted correspondence he received with a suggestion for a third parcel for consideration. 

Mr. Mountain discussed proposed changes to the contract with EI Associates.

Upon motion duly made and seconded the Committee returned to open session at 8:55 p.m.

Mr. Mountain discussed alternatives for the police building, noting that the municipal site could be difficult with limitations for permitting a septic system.  He said other properties should still be investigated and they may find that the collective costs associated may be less that the redevelopment of this site.  He said the cost could be offset by the sale of the “pad” and the existing police building.   Mr. Pierson asked Mr. Lemanowicz if a police building could be built on the site where the tennis courts are on Mt. Pleasant Road .  Mr. Lemanowicz said the plan that was found indicated that the stream goes almost through the middle of that site.  He said there also might be old foundations on the site.  Mr. Pierson said he feels that there are other sites more suitable for a police headquarters.  Mr. Schrier said he agrees.  Ms. Florek asked what impact the bids for the Emergency Services Building has on the size of the septic system on the site.  Mr. Mountain said the septic is part of the building plans and still in development and will be an addendum to the bid package.   Mr. Pierson said a plan should be done soon if the construction is scheduled to begin in the fall.  Mayor Krieg said, if the cost for the septic system falls within the specified dollar amount, then it should be part of the project.  He said it would only become a problem if the Township decided at some later date to sell the pad.  Ms. Florek summarized that the septic design for the Emergency Services Building will address the septic needs of that building as well as the pad, but will not address the needs of the Municipal Building .  Mr. Lemanowicz said they may be able to convince the permitting agency that part of the disturbance for the combined septic might be attributable to a repair.

The Committee agreed that this project should be marketed to the best firms.  Mr. Schrier asked who determines the lowest qualified bidder.  Mr. Mountain said what they determine as qualified may not be what the state determines as qualified, for example, someone involved in litigation may appear to be qualified.  Mr. Pierson suggested a checklist to be completed by bidders.  Mr. Mountain said that approach is difficult for construction projects as compared with service type contracts.

Mr.Pierson made a motion, with grinding teeth, dragging feet, reluctance, hurt feelings and rage, to accept the modified proposal from EI with a total adjustment in the contract of $38,000 comprised of a $23,000 adjustment on the base fee, $12,000 for changing from a general contract to a multiple contract and $3,000 additional service for the septic; Ms. Florek seconded the motion.

ROLLC ALL – All present voted YES.

With no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 9:12 p.m.

Respectfully submitted:

Penny Newell                                                                          Attachments:

Township Clerk                                                                       Approved Bill LIst