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MINUTES – MENDHAM TOWNSHIP COMMITTEE February 27, 2007 Mayor Florek called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mayor Florek, Mr. Phelan, Mr. Schrier, Mr. Krieg,
Mr. Cioppettini
Absent:
Also Present: Andrew Brewer, Esq. for
Christopher Falcon,
Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Florek read the following statement: STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the APPROVAL OF MINUTES -
February 12, 2007 – Mr. Schrier made a motion to approve these minutes as
written; Mr. Cioppettini seconded the motion.
Mr. Cioppettini, Mr. Schrier and Mr. Phelan voted YES.
Mayor Florek and Mr. Krieg abstained.
OLD BUSINESS 1. Ordinance 3-2007 –
Second 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 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 3-2007; Mr. Phelan seconded the motion. ROLL CALL – All
present voted YES. 2.
Ordinance 4-2007 – Second ordinance to allow
for increase in the budget cap allowance to 3.5% 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 4-2007; Mr. Krieg seconded the motion. ROLL CALL - All
present voted YES. 3.
Ordinance 5-2007 – Second bond ordinance
providing for the acquisition of vehicles and equipment for the police
department for and by 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. Krieg made a
motion to adopt Ordinance 5-2007; Mr. Phelan seconded the motion. ROLL CALL – All
present voted YES. 4.
Resolution R2007-40 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, by Resolution PB-04-10 adopted on June 7, 2004, the Planning Board of the Township of Mendham granted final subdivision approval for the development of Lots 7 and 42 in Block 147 by Lawrence Farmland, LLC; and WHEREAS, the aforesaid Resolution requires the execution of a Development Agreement and the furnishing of a performance guarantee to the Township; and WHEREAS, the Township Attorney has reviewed and approved the following document: Irenes’ Spring Tree Farm Estates Developer’s Agreement Phase II and Phase III, a copy of which is marked Appendix A and attached to this Resolution. WHEREAS, the governing body of the Township is satisfied with the foregoing document.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. The Mayor is hereby authorized and directed to execute the Irenes’ Spring Tree Farm Estates Development Agreement in the form of Appendix A and the Township Clerk is hereby authorized and directed to attest such Agreement and to affix the municipal seal thereto, and when so executed and attested the Agreement shall be a valid and legally binding obligation of the Township in accordance with the terms thereof, and the proper officials of the Township are hereby authorized and directed to make and perform any and all acts necessary to carry out such Agreement. 2. This Resolution shall take effect upon adoption. Edward Trawinski, attorney for Irene’s Spring Tree Farm, was present and noted that all required bonding for this subdivision is in place. Mr. Cioppettini made a motion to adopt R2007-40; Mr. Schrier 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.
No one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS 1.
A resolution acknowledging his recent academic achievement was presented
to David H. Read, Jr., Foreman in the Department of Public Works. 2. Proclamations by Mayor Florek were presented to Peter Potash and Jared Geoghan for having excelled in the Spelling Bee sponsored by the Junior Women’s Club. 3. Discussion
of Draft Highlands Master Plan: Duggan
Kimball and Sam Tolley. Mayor Florek
noted that this discussion will center on where Mr. Kimball reviewed the outline of a draft letter to the Highlands Council from the Township as recommended by the master plan committee. Mr. Tolley said that all the Township’s consultants have reviewed and commented on the letter. Mr. Phelan suggested that with the extension of the comment period it would be appropriate for the Township to spend more time preparing comments. Mr. Tolley agreed and suggested a member of the Township Committee also review the draft comments. Mr. Kimball outlined the points that the master plan
committee felt should be in the Township Committee’s letter to the Highlands
Council. He said Mr. Tolley said it is important to remember that the Mayor Florek said they need to move forward in the best
interests of the residents. Mr.
Kimball agreed, noting that no one knows how the mapped zones were created.
He also said the state government has been exerting authority over local
governments and the Highlands Act is one step along that road and no one knows
what other state agencies are going to do with the Mr. Phelan asked about opting in vs. not opting in and Mr.
Kimball said there are incentives to bring the master plan into conformance with
the Mr. Krieg’s concern is that COAH could say there is room for additional affordable housing. Mr. Kimball said how the map is structured will have long term impacts and it is important to use the best judgment. He said most of the policies relate to environmental protection and those policies, when translated into regulations, can have very important impacts on what people will be able to do with their property. Mr. Cioppettini suggested putting all concerns on record, especially those that can’t be specifically defined. Mr. Krieg asked about funding to analyze the maps in order to make a stronger response to the Highlands Council. He suggested asking the County Planning Department for help. Mr. Tolley said John Aubin should do an in-depth study. Sarah Dean Link, Environmental Commission co-chair
suggested concentrating on the map and said to have all of 4. Resolution R2007-36 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/Police; Committee Appointments [x]
acquisition of property/Police Headquarters
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 R2007-36; Mr. Krieg seconded the motion. ROLL CALL – All
present voted Yes. 5.
Ordinance 6-2007 – First an ordinance of
the Mr. Phelan made a
motion to adopt Ordinance 6-2007 upon first reading with second reading and
public hearing to be scheduled for March 12, 2007; Mr. Cioppettini seconded the
motion. ROLL CALL – All
present voted YES. A copy of Ordinance
6-2007 is attached hereto and made a part hereof. 6.
Resolution R2007-37 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: Fire Department / Ralston Repairs 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 Department / Maintenance & Repairs 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: Fire Department / Ralston Repairs $5,000.00
Total
$5,000.00 FROM: Police Department / Maintenance & Repairs OE $5,000.00
Total
$5,000.00
A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer. Mr. Phelan made a motion to adopt R2007-37; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 7. Resolution R2007-38 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, the need for a temporary employee to aid the Court Administrator has arisen; and WHEREAS, Gail Stierle, an experienced Court Administrator, has agreed to fill in for three months for one seven-hour day per week.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Schrier made a motion to adopt R2007-38; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2007-39 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, tax overpayments have been made on certain properties 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 amounts as indicated: Block/Lot Owner Amount 106/8.13 Stephanie Maoli $ 44.80 112/3 Stephen & Patricia Fremento $3,829.80 Mr. Phelan made a motion to adopt R2007-39; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 9. The Raffle Applications for the Morris Area Girl Scout Council and the Mendham Township Home School Association were approved. ADMINISTRATOR REPORT 1. Mr. Mountain
reported that the 2.
Mr. Mountain recommended obtaining proposals from the Township Engineer,
the Planning Board Attorney, the Township Planner and Environmental Consultant
to review the Land Use Chapters of the Township Ordinance code as drafted by
General Code for the codification. He
suggested funding this through a special emergency that can be spread over five
years. 3.
Mr. Mountain reported that the County has to complete a final connection
in order to change the emergency radio communications over from OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1. NJLM Advisory (8) 2. Congressman Frelinghuysen / Statement 3. Highlands Council / extension of public comment period LEGISLATIVE REPORT Mr. Schrier commented on the State Budget, Tax Relief and Energy Tax Relief legislation 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 9:15 p.m. Police Chief
Costanza was present to brief the Committee on a personnel matter.
Robert Pierson joined the Committee for a discussion regarding
negotiations involving the Morris Land Conservancy and a property owner in the
Township. Mayor Florek briefed the
Committee on the status of the Joint Library of the Mendhams.
Mr. Brewer updated the Committee on the Keegan litigation matter.
Mr. Mountain updated the Committee on a potential location for a new
police headquarters. Mr. Mountain
informed the Committee that the Planning Board Secretary has submitted her
resignation. The Committee discussed
appointments to the Board of Health and the Recreation Commission. Upon motion duly
made and seconded the Committee returned to open session at 10:20 p.m. Upon motion duly
made and seconded the meeting adjourned at 10:20 p.m. Respectfully
submitted: Penny Newell,
Township Clerk Attachments: Approved Bill List Ordinance 6-2007
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