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MINUTES – MENDHAM TOWNSHIP COMMITTEE November 28, 2006 Mayor Krieg called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Mr. Schrier, Ms. Florek
Absent:
Mr. Phelan,
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 -
No minutes for approval
OLD BUSINESS 1. Mayor Krieg referred to a report provided by Chief Costanza in response to the Oak Knoll Property Owners Association request for monitoring of speeding vehicles. The report indicated that most vehicles traveling in the Oak Knoll area were within the posted speed limit and most of the motorists were residents of the area as well. The Mayor will respond to the Association and also will arrange for the Chief or a representative of the Police Department to attend a meeting of the Association for further discussion of the issue. 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. Ordinance
28-2006 – First an ordinance of the Mr. Mountain reported that he and Mayor Krieg met with representatives of the Associations that are users of the system and no major problems were noted. They expressed appreciation for the grants that the Township has pursued in connection with the repairs to the system. Mr. Mountain reviewed the process by which the Township calculates the fees for the system, noting that it would be very difficult to justify a fee based on water usage as the Township does not own the water utility and has no access to the water usage records. Mr. Schrier suggested approaching the water utility once again as a start for future fee structures. Mr. Schrier made a motion to adopt Ordinance 28-2006 upon first reading with second reading and public hearing to be scheduled for December 11, 2006; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 28-2006 is attached hereto and made a part hereof. 2. The Committee has received a request for the refund of interest paid by a property owner whose tax bill was sent to an incorrect address and so arrived late. The Committee discussed this situation, noting various scenarios and the extended grace period provided by the Township for the August quarter. Mr. Pierson made a motion to grant the request; Ms. Florek seconded the motion. ROLL CALL – Ms. Florek, Mr. Pierson and Mayor Krieg voted YES. Mr. Schrier voted NO. 3. Resolution R2006-146 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] acquisition of
property/Open Space Acquisition
[x] contract
negotiations/Emergency Communications
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 R2006-146; Mr. Pierson seconded the motion. ROLL CALL – All
present voted YES. 4. R2006-147 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58 WHEREAS, there appears to be insufficient funds in the following 2006 appropriations to meet the demands thereon for the balance of the year: TO: Administration OE PFRS OE Township Committee SW Legal OE Health Benefits OE
WHEREAS, there appears to be a surplus in the following 2006 appropriations over and above the demand deemed to be necessary for the balance of the year: FROM: Police SW Streets and Roads SW
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands. BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers: TO: Administration OE $ 1,000.00 PFRS 10,900.00 Township Committee SW 2,500.00 Legal OE 30,000.00 Health Benefits OE 5,000.00
Total
$49,400.00 FROM: Police SW 5,000.00 Streets and Roads SW 44,400.00
Total
$49,400.00 A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer. Mr. Pierson made a motion to adopt R2006-147; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 5. Resolution R2006-148 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, the
WHEREAS, said renewed membership terminates as of December 31, 2006
unless earlier renewed by agreement between the
WHEREAS, the
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. The Township of Mendham agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund. 2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Morris County Municipal Joint Insurance Fund evidencing the Township of Mendham’s intention to renew its membership. Mr. Pierson made a motion to adopt R2006-148; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 6. Resolution R2006-149 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, Bradley Smith has successfully completed the appropriate probationary period of employment; and WHEREAS, the Superintendent of the Department of Public Works has reported that Bradley Smith has completed probationary status and recommends that he be appointed a permanent employee of the Department. NOW, THEREFORE, BE IT RESOLVED that Bradley Smith be appointed a permanent employee in the Department of Public Works effective November 20, 2006. Mr. Schrier made a motion to adopt R2006-149; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 7. Resolution R2006-150 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, a 2006 tax
overpayment has been made on a 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 Owner Amount 141/22 Francis Seminara $23,127.52 Ms. Florek made a motion to adopt R2006-150; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. 8. Mr. Falcon reviewed his Memo to the Committee outlining his research of a noise control ordinance. Mr. Schrier pointed out his concerns about the lack of limitations for enforcing noise complaints, noting that any noise can be perceived to be intrusive and the only option in an ordinance that doesn’t require monitoring devices and an operator for such devices relies on a perception of noise. He would like to see an ordinance that can be upheld in municipal court. Mr. Falcon will provide further recommendations for the Committee to consider in 2007. ADMINISTRATOR REPORT 1. Mr. Mountain
said a pre-construction meeting for the 2. Mr. Mountain asked the Committee to consider a higher priority rating for a mower instead of a mason dump truck for the DPW. Mr. Read has indicated that he could go another year before acquiring a mason dump truck but the mower would allow him to meet the obligations of field maintenance in the upcoming summer season. The Committee agreed. OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1.
2. Jeanne Keyworth/Sewer Rate Increase 3. NJLM Advisory (3) 4.
NJDOT/Municipal Aid Funding for 5. Freeholder Director Nordstrom/Flag for Special Events 6.
7. Senator Bucco/re #4 (above) 8. Morris Tomorrow/Municipal Membership Mr. Schrier said he would take the lead regarding Mrs. Vanacore’s letter regarding the polling place at the Old Ralston Firehouse. The Committee agreed that it would be advantageous for the Township to become a Municipal Member of Morris Tomorrow. LEGISLATIVE REPORT – No Report HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Patricia Zimmerman, George McKinnell, Ms. Florek asked about a groundbreaking ceremony for the 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 8:43 p.m. The Committee reviewed an analysis of the Open Space Trust Fund. Mr. Mountain reported on a meeting with the County regarding an
interlocal services agreement for emergency communications services. The Committee discussed the possibility of providing a location for a
private citizen’s collection of historic artifacts that may be acquired by the
Township. Mr. Falcon summarized two litigation matters. The Committee discussed appointments to several Boards, Commissions and
Committees. Upon motion duly made and seconded the Committee returned to open session
at 9:56 p.m. Mr. Schrier made a motion to authorize the Mayor to sign an agreement
with the County upon the completion of the outstanding conditions noted by Mr.
Mountain in his report given in closed session; 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 9:58 p.m. Respectfully submitted, Penny Newell, Township Clerk Attachments: Approved Bill List Ordinance 28-2006 |
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