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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
February 12, 2007
Deputy Mayor Phelan called the meeting to order at
6:00 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Deputy Mayor Phelan, Mr. Schrier,
Mr.
Cioppettini
Absent:
Mayor Florek, Mr. Krieg
Also Present:
Stephen
P.
Mountain
, Township Administrator
Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Deputy Mayor Phelan 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 11, 2007; Notice was posted on
the bulletin board in Township Offices and Notice was filed with the Clerk on
January 11, 2007.”
R2007-27
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/Prosecutor;
Municipal Clerk
[x]
contract negotiations/Joint Library
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 R2007-27; Mr. Cioppettini seconded the motion.
ROLL CALL – All
present voted YES.
Upon motion duly
made and seconded the Committee went into closed session at
6:10 p.m.
Joining the Committee were Mendham
Borough Mayor Neil Henry, Mendham Borough Engineer Paul Ferriero and Rick Blood,
President of the Library Of The Mendhams.
The purpose of this meeting was to update all concerned parties with
current information relating to the LOTM site.
Mr. Ferriero reviewed the history of the site proposed to be donated
by the D’Neufville family and the various restrictions that could hinder
development. Mayor Henry reviewed
other possible sites that were looked at as well as a site in Mendham Borough
that has recently been brought to the attention of the LOTM
board and the governing bodies of the Mendhams.
Those present this evening agreed to poll the other members of their
respective bodies and if all are in agreement, to proceed with preliminary
exploration of the newly identified site.
Upon motion duly
made and seconded the Committee returned to open session and their regular
agenda at 7::30 p.m.
APPROVAL OF MINUTES -
January 23, 2007
– Mr. Schrier made a motion to approve these minutes as written; Mr.
Cioppettini 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.
No one asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
1.
Presentation by Ray Nadaskay / Cider Mill Trust.
Mr. Nadaskay said he was here this evening to ask for approval of the
site plan for the Ralston Cider Mill and to update the Committee on the
restoration that has been done since the Mill was purchased.
He noted that the machinery that was used in producing the apple based
product has been restored, however, it will be operated by an electric motor
hidden within the structure as the original relied on water power and that is
not a feasible option now. He
noted the conveyor and turbine are the next to be restored.
He distributed a site plan prepared by Schoor DePalma Engineers that
denotes the Mill, the house which will become a visitor/education center and
proposed parking areas. He also said
he will be applying for a grant from the County Historic Trust and he
anticipates receiving in-kind services that could be $80,000 towards the site
work that is estimated at $175,000. The
Cider Mill Trust is looking for funding from the Township to supplement the
grants and in-kind services. Mr.
Phelan asked, if the Township Committee agreed to explore this further, would it
be appropriate to send this site plan to the Planning Board.
Mr. Mountain said the lease is structured so that the powers of approval
are with the Township Committee, not the Planning Board or Board of Adjustment.
Mr. Mountain continued that it would be appropriate to have the professionals
review the site plan. Committee
members present agreed to advise Mr. Nadaskay to proceed with the grant
application and Mr. Mountain will forward the site plan to the Township
Engineer. Mr. Phelan asked the
Committee if they would consider any funding towards this project.
Mr. Cioppettini said that would be an appropriate topic for the upcoming
budget meeting.
2.
Ordinance 3-2007 – First
Reading
ordinance vacating
public rights in a certain portion of beverly drive commonly known as “75 and
74 beverly drive” in block 147, Lots 39 and 40 and authorizing the mayor to
execute easement agreements for the subject properties in which the township
will retain water line or other municipal utility rights in mendham township
Mr. Ciioppettini
made a motion to adopt Ordinance 3-2007 upon first reading with second reading
and public hearing to be scheduled for
February 27, 2007
; Mr. Schrier seconded the motion.
ROLL CALL – All
present voted YES.
A copy of Ordinance
3-2007 is attached hereto and made a part hereof.
3.
Ordinance 4-2007 – First
Reading
ordinance to allow
for increase in the budget cap allowance to 3.5%
Mr. Schrier made a
motion to adopt Ordinance 4-2007 upon first reading with second reading and
public hearing to be scheduled for February 27, 2007; Mr. Cioppettini seconded
the motion.
ROLL CALL – All
present voted YES.
A copy of Ordinance
4-2007 is attached hereto and made a part hereof.
4.
Ordinance 5-2007 – First
Reading
bond ordinance
providing for the acquisition of vehicles and equipment for the police
department for and by the
township
of
mendham
, in the
county
of
morris
, new
jersey
, appropriating the aggregate amount of $80,500 therefor, including $20,500
received as a donation, and authorizing the issuance of $57,000 bonds or notes
of the township
Mr. Schrier made a
motion to adopt Ordinance 5-2007 upon first reading with second reading and
public hearing to be scheduled for February 27, 2007; Mr. Cioppettini seconded
the motion.
ROLL CALL – All
present voted YES.
A copy of Ordinance
5-2007 is attached hereto and made a part hereof.
5.
Resolution R2007-28
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: Legal
/ General
OE
Land Use
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: Snow
Removal
OE
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:
Legal / General OE
2,000.00
Land Use OE
7,500.00
Total
$ 9,500.00
FROM:
Snow Removal
OE
9,500.00
Total
$
9,500.00
A certified copy of this resolution shall be forwarded by the Township
Clerk to the Treasurer.
Mr. Schrier made a motion to adopt R2007-28; Mr.
Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
6. Discussion
of Highlands Master Plan and request for extension of time for comments.
The Committee briefly discussed this issue and agreed to hold until the
next meeting when all the members of the Committee would be able to participate
in the discussion and asked Mr. Mountain to schedule Dugg Kimball to attend that
meeting.
7. Resolution
R2007-30
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, EXPRESSING CONGRATULATIONS TO DAVID H. READ, JR. FOR OBTAINING HIS HIGH SCHOOL
DIPLOMA
WHEREAS, David H. Read, Jr. has been employed by the
Township
of
Mendham
since 1989; and
WHEREAS, during his years of service with the Township Department of
Public Works, David H. Read, Jr. has consistently exhibited a sincere desire to
further his knowledge relative to his position within the Department of Public
Works; and
WHEREAS, David H. Read, Jr. has recently obtained his high school diploma
through hard work and determination.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, that they extend to David H. Read, Jr. their congratulations upon his
achievement and to thank him for his dedication to
Mendham
Township
.
Mr. Cioppettini made a motion to adopt R2007-30; Mr.
Schrier seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution
R2007-31
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING REFUNDS OF VARIOUS TAX OVERPAYMENTS
WHEREAS, tax overpayments have been made in 2006 on a certain properties
in the
Township
of
Mendham
.
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 amounts as indicated:
Block/Lot
Owner
Amount
Hudson
City
Savings
$2,326.84
100/36
Catherine B. Fahey
$4,293.48
108/24
Mark Williams & Karen Jones
$1,885.89
116/34
k.w. Loh & Doreen H. Chung
$ 37.71
127/23
Martin D. Eagan, Esq.
$2,002.70
144/48
Andrew Goldstein
$ 230.42
145.04/7
Sean & Marie Beggan
$ 656.13
Mr. Schrier made a motion to adopt R2007-31; Mr.
Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
9. Mr.
Schrier made a motion to appoint Michael Ryan to the Board of Adjustment;
Mr. Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
10. Resolution
R2007-32
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING THE TOWNSHIP TAX COLLECTOR TO
CANCEL CERTAIN TAX OVERPAYMENTS AND DELINQUENCIES FOR 2006
WHEREAS,
it is uneconomical to process certain tax overpayments and tax delinquencies;
and
WHEREAS,
State of New Jersey Statutes permit the cancellation of delinquencies and
overpayments of less than $10.00 at the direction of the governing body.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham,
in the County of Morris, New Jersey, that the Tax Collector be and is hereby
directed to process, without further action of the part of the governing body,
the cancellation of any property tax overpayment of less than $10.00 and any tax
delinquency of less than $10.00 for the calendar year 2006.
Mr. Schrier made a motion to adopt R2007-32; Mr.
Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
11. R2007-33
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, RESPECTING THE ISSUANCE OF GARBAGE STICKERS AND ESTABLISHING FEES THEREFOR
WHEREAS, Section 31-3, Per-Bag
or Per-container Fees for Garbage Disposal, of Chapter XXXI, Solid Waste
Management, of the Revised General Ordinances of the Township of Mendham, 1998,
as amended and supplemented, provides for the establishment of the garbage
sticker fee, such fee shall be related to the disposal cost of tipping fee
charged by the Morris County Solid Waste Transfer Station.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
1.
he following fees are hereby established for the issuance of
garbage stickers
to be affixed to all garbage to be collected by the
municipal contractor from single-family dwellings and multi-family dwelling
units within the Township beginning February 1, 2007:
Garbage Weight Limitation
Fee for Each Sticker
15 pounds
$0.65
2.
This Resolution shall take effect upon adoption.
3.
A copy of this Resolution shall be published as a Legal Notice of
the
Township
of
Mendham
, in the Daily Record and the Observer Tribune.
Mr. Cioppettini made a motion to adopt R2007-33; Mr.
Schrier seconded the motion.
ROLL CALL – All present voted YES.
12. Resolution
R2007-34
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING CERTAIN INDIVIDUALS AS BUILDING INSPECTORS
WHEREAS, occasionally a need arises for a Building Inspector to perform
inspections relative to construction permits issued in the Township if the
Construction Official/Building Subcode Official is not available; and
WHEREAS, the Fire Subcode Official and the Electrical Subcode Official
both have the qualifications and licenses to perform building inspections.
NOW, THEREFORE, BE IT RESOLVED that Robert Westenberger, Fire Subcode
Official and Fred Hansen, Electrical Subcode Official, be appointed Building
Inspectors in the Mendham Township Construction Department.
BE IT FURTHER RESOLVED that Fred Hansen be reappointed as Electrical
Subcode Official for the
Township
of
Mendham
for a term of four years effective January 1, 2007;
Mr. Schrier made a motion to adopt R2007-34; Mr.
Cioppettini seconded the motion.
ROLL CALL – All present voted YES.
13. The
Committee approved Proclamations for the five local Spelling Bee winners.
ADMINISTRATOR REPORT
1. Mr. Mountain
updated the Committee on the
Emergency
Services
Building
, noting that the majority of the foundation has been poured and the walls will
be going up in March.
2.
Mr. Mountain referred to correspondence from Mark Pojednic, a member of
the Mendham Township First Aid Squad, asking about a potential sale of the rig
that is being replaced to a first aid squad in
Maine
. The rig has been appraised at
$14,550 and the
Maine
squad can possibly afford $8-10,000. Mr.
Mountain asked Mr. Pojednic if the Mendham Township Squad would be willing to
make up the difference and is waiting for a response.
OPEM ITEMS LIST
The Open Items List was reviewed an updated.
CORRESPONDENCE
1.
NJLM Advisory (20)
2.
Morris County League February meeting notice
3.
Invitation to
Morris County St.
Patrick’s Day Parade
4.
Legislators – District 30 / Petition re school funding formula
Deputy Mayor Phelan
asked about the existing tower and transmitter and if it would be of use to the
Township once the transfer to
Morris
County
for emergency communications takes place. Mr. Mountain is waiting for a
response from the
County
Director
of Communications before discussing the issue with
Washington
Township
.
LEGISLATIVE REPORT
Mr. Schrier
reviewed correspondence from the New Jersey League of Municipalities on a
variety of topics. He suggested the
Township express opposition to A-3857 & S-2451 and that the Committee
consider a resolution at the next meeting.
Mr. Schrier also
commented on S-17 which addresses public employee benefits reform. He asked if
the Township has completed its municipal court security plan ( it has).
He suggested a proclamation endorsing the Mayors’ Wellness Campaign.
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.
Mr. Mountain suggested that the one item remaining for closed session
could be addressed in open as all Committee members seemed to be agreeable,
therefore, the following resolution was offered:
R2007-35
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING PETER A. FICO TO THE POSITION OF MUNICIPAL PROSECUTOR
WHEREAS, a vacancy has occurred in the office of Municipal Prosecutor;
and
WHEREAS, Peter A. Fico has applied for the position and the Township
Committee agrees that he possesses the qualifications necessary to perform the
functions of Municipal Prosecutor.
NOW, THEREFORE, BE IT RESOLVED that Peter A. Fico be appointed to the
position of Municipal Prosecutor at the annual salary of $14,000 effective
February 1, 2007.
BE IT FURTHER RESOLVED that James DeMarzo be appointed as an alternate
Municipal Prosecutor if the need arises.
Mr. Schrier made a motion to adopt R2007-35; Mr. Cioppettini seconded the
motion.
ROLL CALL – All present voted YES.
With no other matters to come before the Committee, upon motion duly made
and seconded, the meeting adjourned at 9:07 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
Attachments:
Approved Bill List
Ordinance 3-2007
Ordinance 4-2007
Ordinance 5-2007
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