MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

December 11, 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

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  - November 13 and 28, 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

1.  Ordinance 28-2006 – Second Reading and Public Hearing

an ordinance of the township of mendham , in the county of morris , new jersey , amending the sewer service charges for the mendham east water pollution control system

Mr. Mountain reported that he contacted the president of the Drakewick Homeowners’ Association regarding Mr. Schrier’s suggestion that they consider subsidizing the annual charge to the residents of the affordable housing units.  The Homeowners’ Association president indicated that they may explore that issue once the third component of the increase is established in 2007.

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 28-2006; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

NEW BUSINESS

1.  Resolution R2006-151

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:

  [x]  personnel/appointments to boards, commissions, committees

  [x]  contract negotiations/Emergency Communications; joint Library

  [x]  litigation/COAH Appeal

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 R2006-151; Mr. Pierson seconded the motion.

ROLL CALL – All present voted YES.

2.  Resolution R2006-152

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY, AWARDING CONTRACT FOR STRUCTURAL AND MISCELLANEAOUS STEEL WORK AND PLUMBING WORK IN CONNECTION WITH THE EMERGENCY SERVICES BUILDING

            WHEREAS, the Township of Mendham (“Township”) publicly advertised for the receipt of bids for the construction of an Emergency Services Building for use and occupancy by the Township for public purposes; and

            WHEREAS, the Township rebid the separate branch contracts for Structural and Miscellaneous Steel Work and for Plumbing Work after bids previously received were rejected. 

            WHEREAS, bids were received and publicly opened on December 7, 2006; and

            WHEREAS, the identification of the bidders and the amounts bid are set forth in the attached tabulation of bids prepared by the Township Engineer; and

            WHEREAS, the bids have been reviewed for compliance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and the Bid Documents; and

            WHEREAS, the Township Committee has determined that: 

            a.         The bid of Industrial Services Enterprises, Inc. on the Structural and Miscellaneous Steel Work in the amount of $172,400.00 is the lowest responsive and responsible bid for that branch contract. 

            b.         The bid of Ranco Mechanical, Inc. on the Plumbing Work in the amount of $299,600.00 is the lowest responsive and responsible bid for that branch contract. 

            NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Mendham in the County of Morris and State of New Jersey on this 11th day of December, 2006 as follows:  

            1.         The Township Committee awards the following contracts for the designated branch work contracts in the amounts set forth:

                        a.   Structural and Miscellaneous Steel Work                                                $172,400.00

                        b.    Plumbing Work                                                                            $299,600.00

            2.         The Township Administrator shall retain the bids of the other bidders for the Structural and Miscellaneous Steel Work and for the Plumbing Work  that shall be released within three days of the execution of contracts and approval of performance bonds as to the successful bidders. 

            3.         This Resolution shall take effect immediately. 

Mr. Schrier made a motion to adopt R2006-152; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

3.  Resolution R2006-153

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY, AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE TOWNSHIP AND ST. HUBERT ’S GIRALDA

            WHEREAS, R.S. 40:48-5.1 provides that any municipality in which there is not established under municipal authority a public pound for the keeping of stray dogs, cats or other domestic pets may contract with a humane society or other similar organization for the collection, keeping for redemption and disposal of all such stray animals found within the municipality; and

            WHEREAS, St. Hubert’s Giralda, a corporation of the State of New Jersey not for pecuniary profit, having its principal place of business in the Township of Chatham, County of Morris, State of New Jersey, being a humane society maintaining a pound in the County of Morris, has offered to furnish services to the Township of Mendham, in accordance with terms and conditions set forth in a proposed agreement attached hereto and made a part hereof; and

            WHEREAS, it is deemed to be in the best interest of the Township of Mendham to enter into such contract with St. Hubert’s Giralda for the calendar year 2007; and

            WHEREAS, funds will be available for this purpose.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

1.      The Township of Mendham shall enter into a contract in the amount of

$11,597.00 for the period January 1, 2007 – December 31, 2007 with St. Hubert ’s Giralda for the year 2007 in the form attached to this resolution. 

            2.  The Mayor is hereby authorized and directed to execute on behalf of the Township the contract awarded by paragraph 1 of this Resolution and the Township Clerk is hereby authorized to attest such contract and to affix the Corporate Seal thereto, and when so executed and attested, the contract shall be a valid and legally binding obligation of the Township of Mendham and the proper officials of the Township shall perform all acts necessary for the execution of such contract.    

2.      Certified copies of this Resolution shall be forwarded by the Township Clerk

to St. Hubert’s Giralda, the Township Board of Health and the Chief Financial Officer of the Township.

Mr. Pierson made a motion to adopt R2006-1153; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

Mayor Krieg noted that he and Mr. Mountain recently attended a shared services meeting hosted by Morris County and one of the services being explored was for the County to provide animal control services.

ADMINISTRATOR REPORT 

1.  Mr. Mountain updated the Committee regarding the Emergency Services Building project.  He said the site clearing has begun and the schedule indicates footings and foundation in early to mid January.  He said he is pleased with the general responsiveness and cooperation of the contractors.  There is a special Board of Health meeting scheduled for December 18^th where it is expected that the project will receive conditional approval for the septic system.  Mr. Mountain explained that the approval is conditional pending a lot line adjustment that is tentatively scheduled for approval by the Planning Board at their first meeting in January.  Mr. Mountain also said he has not been happy with the architectural firm’s handling of the final design stage.

2.  Mr. Mountain reminded the Committee that their next meeting is Tuesday, December 19^th at 5:00 p.m.

3.  Mr. Mountain reported that he and Tom Lemanowicz, Township Engineer, have been involved in discussions between some residents in Drakewick and K. Hovnanian because of drainage issues in the K. Hovnanian subdivision that are impacting some properties in Drakewick.

OPEM ITEMS LIST

The Open Items List was reviewed an updated.

CORRESPONDENCE

1.      NJLM Advisory (13)

2.      Brian W. Mason/Resignation as Prosecutor

3.      Verizon/Cable Franchise Application

4.      State Registrar/Security Measures

5.      NJDEP/Grant and Loan Catalog

6.      Raritan Highlands Compact/Membership for 2007

7.      Borough of Roselle/Interest in RCA

8.      Freeholders/Invitation to Swearing In

LEGISLATIVE REPORT

Mr. Pierson noted S-807, passed by the Senate, that would require all health insurers, including the State Health Benefits Program, to provide unlimited health insurance coverage for the treatment of alcoholism and other substance use disorders.  He suggested a letter to the Assemblymen representing the Township urging them to voted NO when this bill comes before the Assembly.  He also suggested a letter urging a NO vote on S-638/A-2527 that proposes to

restrict days to open bids.

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 8:10 p.m.

Mr. Mountain updated the Committee on the ongoing negotiations with Morris County regarding an Emergency Communications contract between the Township and Morris County . 

Two personnel matters were discussed by the Committee. 

Mayor Krieg reported on a conversation he had with the Borough Mayor regarding the Joint Library of the Mendhams.

Mr. Falcon reported on the COAH appeal currently before the Appellate Division.

The Committee reviewed appointments to commissions, boards and committees for 2007.

Upon motion duly made and seconded the Committee returned to open session at 8:57 p.m.

With no further business to come before the Committee, upon motion duly made and seconded the meeting adjourned at 8:57 p.m.

Respectfully submitted:

Penny Newell, Township Clerk

Attachments:

Approved Bill List