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MINUTES – MENDHAM TOWNSHIP COMMITTEE October 24, 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,
Mr. Schrier, Ms. Florek
Absent:
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 -
October 10, 2006 – Mr. Pierson made a motion to approve these minutes as
written; Mr. Schrier seconded the motion. ROLL
CALL – All present voted YES.
OLD BUSINESS 1. Ordinance
21-2006 – Second an ordinance to amend
chapter vi of the revised general ordinances of the township of mendham to
prohibit any person under the legal age to knowlngly possess or knowingly
consume an alcoholic beverage on private property without legal authority and
providing penalities for the violation thereof 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. Schrier made a motion to adopt Ordinance 21-2006; Mr. Pierson seconded the motion.
ROLL CALL – Mr. Pierson, Mr. Schrier, Mr. Phelan and Mayor Krieg voted YES. Ms. Florek voted NO. 2. Ordinance
24-2006 – Second an ordinance to amend
chapter ix, personnel, of the 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. Schrier made a motion to adopt Ordinance 24-2006; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 3. Ordinance
25-2006 – Second an ordinance amending
chapter xii, general definitions, of the 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 Ordinance 25-2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 4. Ordinance
26-2006 – Second ordinance amending
and supplementing the land use ordinance of the township of mendham to require
minor subdivision and minor site plan plats and deeds and final major
subdivision and final major site plan plats to depict the allowable percentage
of slope disturbance on each lot and parcel comprising the development
application 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. Ms. Florek made a motion to adopt Ordinance 26-2006; Mr. Pierson 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.
Mary Judith Kemp, No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Ordinance
27-2006 – First bond ordinance
providing for the acquisition of real property located at 87 ironia road in and
by the township of mendham, in the county of morris, new jersey, appropriating
$950,000 therefor, including $333,000 expected to be received as a contribution
from the county of morris, and authorizingthe issuance of $587,000 bonds or
notes of the township to finance part of the cost thereof Mr. Phelan made a motion to adopt Ordinance 27-2006 upon first reading with second reading and public hearing to be scheduled for November 13, 2006; Ms. Florek seconded the motion. ROLL CALL – Ms. Florek, Mr. Phelan, Mr. Pierson and Mayor Krieg voted YES; Mr. Schrier abstained. A copy of Ordinance 27-2006 is attached hereto and made a part hereof. 2. Oak Knoll
Homeowners’ Association – Correspondence re speeding.
The noted correspondence was forwarded to Police Chief Costanza and his
response to the Township Committee indicated that routine patrols, as well as
radar details have been conducted in the Oak Knoll area.
He indicated that six summons were issued in the area since February 2006
to this date. He also noted that
there is no history of accidents in the area.
Chief Costanza said that the wide roads with large grass berms do not
conform with the state mandate for a 25 MPH and to lower the current speed limit
of 35 MPH would involve County as well as state approvals.
Mr. Phelan asked if residents of the area have received summons for
speeding. Chief Costanza said some
of the summons were to residents of the area.
Mr. Schrier noted that the speed limit on 3. Resolution R2006-131 RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, since their institution in 1977 as part of the package of bills
establishing the Property Tax Relief Fund, funded by New Jersey’s first Income
Tax, the artificial limits on local budgetary discretion contained in the local
government cap law have, repeatedly, proved to be unworkable and in need of
amendment in times of fiscal stress; and
WHEREAS, the latest amendments to the cap law were enacted in 2004 as
part of Governor McGreevey’s FAIR Plan, which was supposed to provide short
term property tax relief and produce long term property tax reform, the cap
amendments being a part of the short term relief component; and
WHEREAS, those 2004 amendments drastically lowered the cap, eliminated
important exceptions to the cap and severely limited the use of “cap
banking” which is crucial to municipal intermediate range budgetary planning;
and
WHEREAS, despite the recommendations of the Governor’s Blue Ribbon
Property Tax Convention Task Force and despite the energetic efforts of a core
of concerned and committed legislators and the outspoken support of a large and
growing coalition of citizens’ public interest groups, the Legislature has, to
date, failed to advance the cause of property tax reform, continuing decades of
inattention to a problem that a majority of our fellow citizens consistently
identify as their greatest public policy concern; and
WHEREAS, instead, State policy makers have consistently under-funded, but
and eliminated crucial municipal property tax relief programs, thereby
exacerbating the property tax crisis and making it increasingly difficult for
municipal budget makers to meet the needs and honor the wishes of local property
taxpayers and to deal with current fiscal stresses over which they have no
control; and
WHEREAS, in recognition of these serious issues, legislation has been
introduced to provide appropriate flexibility to help local budget makers better
meet citizen needs for high quality public programs and services; and
WHEREAS, in order to do so, the bills (A-3444/S-2184) would:
first, make permanent the temporary cap exception for costs of domestic
security preparedness and responses to incidents and threats to domestic
security; second, make permanent the temporary cap exception for liability
insurance, workers’ compensation insurance and employee group insurance; and
finally, provide an exception from the county and municipal local budget cap for
appropriations for the costs of goods and services, including wage and salary
increases that are required under contracts entered into prior to July 7, 2004,
the effective date of P.L. 2004, c. 74, the statute that reduced the local
budget cap limits to the lesser of 2.5% or the consumer price index; and
WHEREAS, while extremely beneficial for rational effective budgetary
planning, the “cap banking” problems created by the 2004 amendments will
pose lasting and growing problems for municipalities trying to prepare for
unanticipated exigencies and immanent needs.
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the
Township of Mendham does fully support and urge swift and favorable action on
A-3444/S-2183; and
BE IT FURTHER RESOLVED that the Township Committee respectfully requests
an amendment to the bill to restore “cap banking” to its previous status, as
it existed prior to the 2004 amendments; and
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to our
State Legislative Delegation and to the New Jersey League of Municipalities. Mr. Pierson made a motion to adopt R2006-131; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 4. Resolution R2006-132 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN SUPPORT OF THE MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS’ OPINION REGARDING THE PHASING IN OF FULL PENSION CONTRIBUTIONS BY GOVERNMENT ENTITIES WHEREAS, the State of New Jersey has been phasing in the full pension contributions required of all municipal, county and independent government entities over the past several years; and WHEREAS, the Morris County Board of Chosen Freeholders has expressed to the State Treasurer their concern over the 8.25% rate of interest paid on the portion of the phased in contribution not paid each year; and
WHEREAS, the Township
Committee of the NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Mendham, that they urge the passing of legislation that would allow government entities to take advantage of opportunities to save taxpayer dollars by providing for lump sum payments of unpaid pension obligations.
BE IT FURTHER RESOLVED that certified copies of this Resolution be
forwarded to the Morris County Legislative Delegation, the State Treasurer of
the State of Ms. Florek made a motion to adopt R2006-132; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 5. Resolution R2006-133 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 / Township
Clerk, Tax Assessor
[x] litigation / Township v.
Keegan
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 R2006-133; Mr. Pierson seconded the motion. ROLL CALL – All
present voted YES. 6.
Resolution R2006-134
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
BE IT RESOLVED by the Township Committee of the
This Resolution shall be known and may be cited as the “Renewal”
Cooperative Pricing Council Resolution of the Pursuant to the provisions of N.J.S. 40A:11-11(5), the Township Committee is hereby authorized to enter into a “Renewal” Cooperative Pricing Agreement with the Lead Agency or any other contracting unit within the County of Morris or adjoining counties for the purpose of work, materials and supplies. The Lead Agency entering into contracts on behalf of the Township of Mendham shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. All resolutions or parts thereof inconsistent with this resolution shall be and the same are hereby repealed. This “Renewal” Cooperative Pricing Council Resolution shall be effective October 1, 2006 and such membership shall be for the duration of five (5) years of the “Renewal” Cooperative Pricing Agreement, expiring September 30, 2011, unless the “Lead Agency” and the Division of Local Government Services elects to withdraw. This Resolution shall take effect immediately upon final passage and publication according to law. Mr. Schrier made a motion to adopt R2006-134; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 7. Mr. Schrier said, in the process of running for re-election, he hears about issues and one current one is that there is an interest in more playing fields for the Township. The Committee will ask the Recreation Commission to report back with their recommendation regarding the number of fields. Mr. Phelan said the Township is fortunate to have a Recreation Commission with an interest level of providing for those activities that meet the demands of the residents. He said he would follow up with the Recreation Commission on this issue. ADMINISTRATOR REPORT 1. Mr. Mountain reported that the Planning Board heard the India Brook Park field site plan and will adopt a resolution of approval at their next meeting. He said the Planning Board had some generic issues regarding an emergency access plan. It is anticipated that the new field will be constructed in the spring of 2007. 2. Mr. Mountain
said bids for the OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1. State of NJ/Long-Term Care Insurance Plan 2. NJLM Advisory (14) 3.
4. Governor Corzine/reply 5. Local Finance Notices 18 & 19 6.
7. Ten Towns Great Swamp Management Committee / 2007 appropriation 8.
Gregory Czura/MOA / LEGISLATIVE REPORT Mr. Schrier made a motion to adopt R2006-135; Mr. Pierson seconded the motion. ROLL CALL – Mr. Pierson, Mr. Schrier, Mr. Phelan and Mayor Krieg voted YES. Ms. Florek abstained. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Pat Zimmerman, 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 8:44 p.m. Mr. Mountain presented
his timetable for recruiting a Municipal Clerk and also discussed filling the
Tax Assessor position, possibly as a position shared with the Borough.
Mr. Falcon updated the Committee regarding the Keegan litigation. Upon motion duly made and seconded the Committee returned to open session
at 9:09 p.m. Upon motion duly made and seconded the meeting adjourned at 9:09 p.m Respectfully submitted: Penny Newell Township Clerk Attachments: Ordinance 27-2006 Approved Bill List ORDINANCE
27-2006
BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT
87 IRONIA ROAD IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW
JERSEY, APPROPRIATING $950,000 THEREFOR, INCLUDING $333,000 EXPECTED TO BE
RECEIVED AS A CONTRIBUTION FROM THE COUNTY OF MORRIS, AND AUTHORIZING THE
ISSUANCE OF $587,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST
THEREOF.
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN
THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members
thereof affirmatively concurring) AS FOLLOWS:
Section 1. The improvement
described in Section 3 of this bond ordinance is hereby authorized to be
undertaken by the
Section 2. In order to
finance the cost of the improvement or purpose not covered by application of the
down payment, negotiable bonds are hereby authorized to be issued in the
principal amount of $587,000 pursuant to the Local Bond Law.
In anticipation of the issuance of the bonds, negotiable bond
anticipation notes are hereby authorized to be issued pursuant to and within the
limitations prescribed by the Local Bond Law.
Section 3. (a)
The improvement hereby authorized and the purpose for the financing of
which the bonds are to be issued is the acquisition of real property
constituting approximately 10 acres of the property known as 87 Ironia Road and
described on the Township tax map as Block 116, Lot 67 for open space and
passive recreation purposes, including all costs necessary therefor or
incidental thereto.
(b) The estimated maximum
amount of bonds or notes to be issued for the improvement or purpose is as
stated in Section 2 hereof.
(c) The estimated cost of the
improvement or purpose is equal to the amount of the appropriation herein made
therefor.
Section 4. All
bond anticipation notes issued hereunder shall mature at such times as may be
determined by the chief financial officer; provided that no note shall mature
later than one year from its date. The
notes shall bear interest at such rate or rates and be in such form as may be
determined by the chief financial officer. The
chief financial officer shall determine all matters in connection with notes
issued pursuant to this ordinance, and the chief financial officer's signature
upon the notes shall be conclusive evidence as to all such determinations.
All notes issued hereunder may be renewed from time to time subject to
the provisions of the Local Bond Law. The
chief financial officer is hereby authorized to sell part or all of the notes
from time to time at public or private sale and to deliver them to the
purchasers thereof upon receipt of payment of the purchase price plus accrued
interest from their dates to the date of delivery thereof.
The chief financial officer is directed to report in writing to the
governing body at the meeting next succeeding the date when any sale or delivery
of the notes pursuant to this ordinance is made. Such report must include the
amount, the description, the interest rate and the maturity schedule of the
notes sold, the price obtained and the name of the purchaser.
Section 5. The capital budget
of the
Section 6. The following
additional matters are hereby determined, declared, recited and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense. It
is an improvement or purpose that the Township may lawfully undertake, and no
part of the cost thereof has been or shall be specially assessed on property
specially benefited thereby.
(b) The period of usefulness of the improvement or purpose within the
limitations of the Local Bond Law, according to the reasonable life thereof
computed from the date of the bonds authorized by this ordinance, is 40 years.
(c) The Supplemental Debt
Statement required by the Local Bond Law has been duly prepared and filed in the
office of the Clerk, and a complete executed duplicate thereof has been filed in
the office of the Director of the Division of Local Government Services in the
Department of Community Affairs of the State of
(d) No amount for items of expense listed in and permitted under N.J.S.A.
40A:2-20 is included in the estimated cost indicated herein for the purpose or
improvement.
(e) Pursuant to N.J.S.A. 40A:12-13 et seq., the Mayor, the
Township Administrator, the Chief Financial Officer, the Township Attorney and
other appropriate representatives of the Township (the “Township
Representatives”) are hereby authorized to acquire the real property described
in Section 3 hereof on behalf of the Township, by purchase, gift, condemnation
or otherwise. The Township
Representatives are hereby authorized to proceed with the acquisition of such
real property through negotiations with the property owner or owners or other
organizations or entities that may be involved.
The Mayor of the Township is further authorized to execute the contracts,
and the Township Clerk is authorized to attest such execution in forms
recommended by the Township Attorney. The
signatures thereon shall provide conclusive evidence that the forms of the
contracts have been so approved. The
Township Representatives are authorized to do all things necessary and to
execute any such documents as may be reasonably necessary to effectuate the
closing, to provide payment for the acquisition and to implement such contracts.
Section 7.
Any grant moneys received for the purpose described in Section 3 hereof
shall be applied either to direct payment of the cost of the improvement or to
payment of the obligations issued pursuant to this ordinance.
The amount of obligations authorized but not issued hereunder shall be
reduced to the extent that such funds are so used.
Section 8. The chief financial officer of the Township is hereby
authorized to prepare and to update from time to time as necessary a financial
disclosure document to be distributed in connection with the sale of obligations
of the Township and to execute such disclosure document on behalf of the
Township. The chief financial
officer is further authorized to enter into the appropriate undertaking to
provide secondary market disclosure on behalf of the Township pursuant to Rule
15c2-12 of the Securities and Exchange Commission (the “Rule”) for the
benefit of holders and beneficial owners of obligations of the Township and to
amend such undertaking from time to time in connection with any change in law,
or interpretation thereof, provided such undertaking is and continues to be, in
the opinion of a nationally recognized bond counsel, consistent with the
requirements of the Rule. In the
event that the Township fails to comply with its undertaking, the Township shall
not be liable for any monetary damages, and the remedy shall be limited to
specific performance of the undertaking.
Section 9. The full faith and credit of the Township are hereby pledged
to the punctual payment of the principal of and the interest on the obligations
authorized by this bond ordinance. The
obligations shall be direct, unlimited obligations of the Township, and the
Township shall be obligated to levy ad valorem taxes upon all the taxable real
property within the Township for the payment of the obligations and the interest
thereon without limitation of rate or amount.
Section 10. This bond
ordinance shall take effect 20 days after the first publication thereof after
final adoption, as provided by the Local Bond Law. |
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