MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

June 11, 2007

Mayor Florek called the meeting to order at 7:00 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL                           Present:         Mayor Florek, Mr. Phelan (arrived at 7:13 p.m.),

                                                                       Mr. Schrier (arrived at 8:10 p.m.), Mr. Krieg, Mr.

                                                                       Cioppettini

                                                 Absent:         

                                       Also Present:          Stephen P. Mountain , Township Administrator

Christopher Falcon, Esq., Township Attorney

                                                                        Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Florek 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.”

Resolution R2007-70

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]  acquisition of property / Open Space

[x]  litigation / Keegan

[x]  contract / EI Associates

[x]  personnel / salary report

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. Krieg made a motion to adopt R2007-70; Mr. Cioppettini seconded the motion.  ROLL CALL:  All present voted YES.

Upon motion duly made and seconded the Committee went into closed session.  (Mr. Phelan arrived during this discussion) The purpose of the closed session was for Robert Pierson, former Township Committeeman to give an update on the potential acquisition of the St. John The Baptist property by the Township in partnership with the Trust for Public Lands. Mr. Pierson reported on a discussion with a non-profit group that has shown interest in the purchase of a tract containing the existing buildings that would be subdivided from the open space area.    

Upon motion duly made and seconded, the Committee returned to open session at 7:39 p.m.

APPROVAL OF MINUTES  - .May 22, 2007 – Mr. Cioppettini made a motion to approve these minutes as written;  Mr. Krieg seconded the motion.  ROLL CALL – All present voted YES.

OLD BUSINESS

1. Ordinance 8-2007 – Second Reading and Public Hearing

an ordinance fixing the salaries of certain officers and employees of the township of mendham , in the county of morris , new jersey

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 8-2007; Mr. Cioppettini seconded the motion.          

ROLL CALL – Mr. Cioppettini, Mr. Krieg and Mayor Florek voted YES.  Mr. Phelan voted NO.

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.  Presentation by Township Engineer re Knollwood Trail Drainage Project.  Mr. Lemanowicz reported that he is preparing for a pre-application meeting with the DEP.  The Township will be asking for permission to install a 24” pipe next to an existing 24” pipe as well as for cleaning the stream, which Mr. Lemanowicz feels may be a benefit as far as the DEP is concerned.  He also said if the timing is right, this work will not impact the Brookside Beach swimming pond.  He noted that DEP approval could take several months; Mayor Florek asked if there was any way to expedite the application process and it was agreed to let the application process take its natural course.

2.  Resolution R2007-71

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING SCOTT HOLZHAUER TO THE POSITION OF TAX ASSESSOR

            WHEREAS, by Resolution R2007-26 adopted January 23, 2007, Scott Holzhauer was appointed to the position of Tax Assessor for the period January 15, 2007 through June 30, 2007; and

WHEREAS, N.J.S.A.  40A:9-148 provides for a Municipal Tax Assessor to be appointed for a term of four years from the first day of July next following his initial appointment.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that Scott Holzhauer be appointed to the position of Tax Assessor for the Township of Mendham effective July 1, 2007 for a term of four years.  The position is for a minimum of 20 hours per week and does not provide health benefits to the employee.  The 2007 salary is $20,000.

Mr. Cioppettini made a motion to adopt R2007-71; Mr. Krieg seconded the motion.           

ROLL CALL – Mr. Krieg, Mr. Cioppettini and Mayor Florek voted YES.  Mr. Phelan abstained.

3.  Resolution F2007-72

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING PLANNER FOR A MUNICIPAL FACILITIES SITE ANALYSIS

The Committee agreed to discuss this in closed session and then return to open session to adopt this resolution.

4.  Resolution R2007-73

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING SEASONAL EMPLOYEE IN THE DEPARTMENT OF PUBLIC WORKS

            WHEREAS, a need has arisen for seasonal employees in the Department of Public Works; and

            WHEREAS, it is the recommendation of the Superintendent of the Department of Public Works that Daniel Pressl be hired as a seasonal employee in the Department of Public Works.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that Daniel Pressl is hired as a seasonal employee at an hourly salary of $10.00 effective May 21, 2007

Mr. Phelan made a motion to adopt R2007-73; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

5.  Resolution R2007-74

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING SPECIAL COUNSEL FOR PROPERTY TAX EXEMPTION ISSUES

            WHEREAS, a need has arisen for assistance to the Tax Assessor in regard to property tax exemption issues; and

            WHEREAS, Susan A. Feeney, Esq. has the expertise to assist the Township Tax Assessor in these matters.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee to appoint Suisan A. Feeney as special counsel for property tax exemption issues effective June 11, 2007.

Mr. Phelan made a motion to adopt R2007-74; Mr. Cioppettini seconded the motion.

ROLL CALL – All present voted YES.

6.  Resolution R2007-75

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING STATION MANAGER FOR TV-25

            WHEREAS, Nanci Kappel has submitted a proposal for the management of TV-25; and

            WHEREAS, the proposal includes managing the activities of the technical assistant, organizing and managing the video library, sponsorships and advertising activities, support for board activities and coordination of equipment purchases and installation; and

            WHEREAS, the position will be funded through the Reserve for Telecommunications Equipment.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that Nanci Kappel be appointed TV-25 Station Manager for a period of six months at an average of 10 hours per week for a cost not to exceed $7,500.00.

Mr. Cioppettini made a motion to adopt R2007-75; Mr. Krieg seconded the motion .

ROLL CALL – All present voted YES.

7.  Resolution R2007-76

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING TAX COLLECTOR/ASSISTANT FINANCE OFFICER

            WHEREAS, Resolution R2006-29, adopted February 14, 2006, appointed Marie  J. Kenia to the position of Deputy Tax Collector/Assistant Finance Officer; and

            WHEREAS,  Marie J. Kenia has obtained certification as Tax Collector.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that Marie J. Kenia is hereby appointed to the position of Tax Collector /Assistant Finance Officer of the Township of Mendham at an annual salary of $47,500 effective this date, with a $2,500 increment upon certification as Municipal Finance Officer.  The term of office for the position of Tax Collector is for a period of four years from January 1, 2008.

            A certified copy of this Resolution shall be forwarded to Marie J. Kenia and to the Chief Finance Officer.

Mr. Phelan made a motion to adopt R2007-76; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

8.  Resolution R2007-77 – held to later in meeting

9.  Resolution R2007-78

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING ANN L. CARLSON TO THE POSITION OF ASSISTANT MUNICIPAL CLERK

            WHEREAS, the Municipal Clerk for the Township of Mendham has announced her retirement to be effective October 1, 2007; and

            WHEREAS, after interviewing candidates, the Township Committee has offered the position of Municipal Clerk to Ann L. Carlson; and

            WHEREAS, Ann L. Carlson has accepted and will begin employment with the Township July 2, 2007.

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Mendham , as follows:

1.      Ann L. Carlson is appointed to the position of Assistant Municipal Clerk at the annual salary of $55,000, effective July 2, 2007, until October 1, 2007 at which time she will be appointed Municipal Clerk.

2.      Upon an acceptable performance review following six months of employment, Ann L. Carlson’s annual salary will increase to $60,000.

Mr. Krieg made a motion to adopt R2007-78; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

(Mr. Schrier arrived at this point in the meeting)

10.   Resolution R2007-79

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY, AUTHORIZING APPLICATION TO THE STATE OF NEW JERSEY LOCAL SHARE PROGRAM

            WHEREAS, the Township Committee of the Township of Mendham and the respective governing bodies of the Borough of Mendham, the Township of Chester and the Borough of Chester, have agreed to apply for a SHARE  (Sharing Available Resources Efficiently) Grant through the State of New Jersey Local SHARE Program in the amount of $30,000; and

            WHEREAS, the Township of Mendham has agreed to be the lead agency in this endeavor; and

            WHEREAS, the Township Committee of the Township of Mendham is acknowledging and accepting the responsibility of acting as applicant for this grant on behalf of the Borough of Mendham, the Township of Chester and the Borough of Chester; and

            WHEREAS, the State of New Jersey has made SHARE grants available to assist local units study, develop and implement new shared and regional services; and

            WHEREAS, the purpose of this grant is to promote shared services between our local units through studying the potential sharing of Recreational Programs and Facilities that would be beneficial to all local units.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham that the Township of Mendham does hereby join with the Borough of Mendham, the Township of Chester and the Borough of Chester in applying for a grant for the purpose of a feasibility study of such an endeavor; and

            BE IT FURTHER RESOLVED that the Township of Mendham agrees to provide its agreed share of the required local match in the amount of $5,000 and to accept receipt of the local match requirements from the other participating local units and to be responsible for its proper expenditure.

Mr. Mountain explained that the deadline for the grant application is June 30^th and although they are still trying to work out some issues with one of the partners.  After some discussion about proceeding with or without that partner, Mr. Schrier made a motion to adopt this resolution and to proceed with the application pending agreement by Chester Borough; Mr. Krieg seconded the motion.

ROLL CALL – All present voted YES.

11.  Ordinance 9-2007 – First Reading

ordinance of the township of mendham to amend special emergency ordinances

Mr. Mountain explained that as part of the codification of ordinances project that is underway, it has been clear that the Land Use portion is in need of a thorough review and editing by the professionals involved with the planning board.  Based upon their proposals this ordinance accomplishes the necessary funding for this project.

Mr. Krieg made a motion to adopt Ordinance 9-2007 upon first reading with second reading and public hearing to be scheduled for June 26, 2007; Mr. Cioppettini seconded the motion.

ROLL CALL – All present voted YES.

A copy of Ordinance 9-2007 is attached hereto and made a part hereof.

12.  Resolution R2007-80

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING CANCELLATION OF UNEXPENDED BALANCE IN ORDINANCE 5-2004

            WHEREAS, the following appropriation balance remains unexpended:

Ordinance #                            Project                                                 Amount Cancelled

Ordinance 5-2004                   Township Reassessment                  $15,000.00

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the

Township of Mendham , that the above listed unexpended balance be cancelled

Mr. Schrier made a motion to adopt R2007-80; Mr. Phelan seconded the motion.  

12.  Resolution R2007-77

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AWARDING CONTRACT FOR THE INDIA BROOK PARK MULTI-PURPOSE RECREATION FIELD

            WHEREAS, the Township of Mendham publicly advertised for the receipt of bids for the construction of a multi-purpose recreation field at India Brook Park; and

            WHEREAS, bids were received and publicly opened on June 7, 2007; and

            WHEREAS, the identification of the bidders and the amounts bid are set forth in the attached tabulation of bids prepared by Andrew S. Holt, PE of Suburban Consulting Engineers, Inc.; 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 Bob Viersma & Sons, is the lowest responsible bid for the multi-purpose recreation field at India Brook Park.

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

             The Township Committee awards a contract, in the amount of $555,395, for the multi-purpose recreation field at India Brook Park to Bob Viersma & Sons, Allamuchy , NJ .

Andrew Holt of Suburban Consulting was present to review the bid process.  He noted that fourteen bid packages were collected with nine submitted on June 7^th.  After a review of those submitted it was determined that Bob Viersma & Sons was the low bidder on the base bid.  He also pointed out that this bid was structured to yield a bid to be awarded in a short period of time to take advantage of the fall planting season.  He said this base bid met that intent and also that he received good references on the bidder.

Mr. Schrier made a motion to adopt R2007-77; Mr. Krieg seconded the motion.     

ROLL CALL – All present voted YES.

ADMINISTRATOR REPORT

1.  Mr. Mountain said the concrete for the second floor of the Emergency Services Building will be poured this week and site work will begin within 1-2 weeks. January 2008 is targeted as the completion date for the building.  He noted that the architect will be preparing a new plan to address the HVAC ducts that show as being at a level too low to functionally get the trucks in and out of the building.  Mr. Mountain also noted correspondence from Brookside Engine Company regarding the floor covering that was approved as epoxy paint in the base bid and the BEC is concerned about using that.  Jon Roth, BEC President, was present and indicated that BEC would discuss their willingness to pick up a portion of the cost of epoxy vs epoxy paint. The Committee agreed to the flooring based upon receiving a contribution towards it from BEC.  Mr. Phelan asked about plans to use of the existing generator which he feels should not be used therefore creating additional cost. 

2.  Mr. Mountain referred to a memo from Dave Read, Sr. recommending consideration be given to the purchase of a brake rotation machine for $9,000.  Mr. Read’s memo indicated an annual savings of approximately $12,000 just for servicing the police vehicles and additional savings would be realized for using this equipment on the DPW vehicles.   The Committee approved the purchase of the brake rotation machine. 

3.  Mr. Mountain followed up on a discussion at the last meeting regarding the Township’s nepotism policy.  He stated that the Township does have such a policy, however, it does not cover part-time seasonal employees.  The question had arisen regarding a discrepancy in salaries paid to swim instructors.  Mr. Mountain explained that the higher paid instructor has been with the beach staff for several years, thus the higher salary. 

OPEM ITEMS LIST

The Open Items List was reviewed an updated.

CORRESPONDENCE

1.      NJLM Advisory (14)

2.      Morris County Administrator / 2008 Alliance Grant

3.      Borough of Mendham/letter to Highlands Council

4.      NJDOT/Municipal Aid Program

5.      County of Morris Dept of Senior, Disability & Veteran Services / transportation

6.      KHovnanian / request for reduction of performance bond

7.      Congressman Frelinghuysen / H.R. 811; Supplemental Appropriations

8.      Ten Towns GSMC / Helen E. Fenske Visitor Center

9.      Stryker, Tams & Dill / Comcast Cable Petition

10.  Senator Menendez / Hazard Mitigation Plans

11.  DEP to SMCMUA / Clyde Potts Reservoir Dam Inspection

12.  Morris County Freeholders’ resolution #5 / Tingley Road Bridge

Mr. Cioppettini asked about item #6.  Mr. Mountain will request a representative of KHovnanian to attend a meeting to brief the Committee.

LEGISLATIVE REPORT – no report

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public

Pat Zimmerman, W. Main Street : referring to the earlier discussion about the drainage problem on Knollwood Trail, asked if any consideration has been given to other properties that encounter similar flooding issues.  She also asked about the appointment of a planner for a municipal facilities site plan.  She thinks India Brook Park Field is too long a name and suggested Porter Field in honor of Kathryn Porter.  She noted that the public does not have a chance to see ordinances prior to their first reading.  It was pointed out to Mrs. Zimmerman that ordinances are published following the first reading so that the public can read them prior to the public hearing and final adoption.

Marian Koste, 92 Ironia Road : agrees with Mrs. Zimmerman about the naming of the India Brook Park Field.  She would like to see ordinances posted on the website prior to the public hearing and/or publication in the Observer Tribune rather than the Daily Record.  She asked about the duration of the construction of the India Brook Park Field.  Mr. Mountain said it could begin in July 2007 and continue with some follow-up in the Spring of 2008.  She asked how far from the road would the fence be located.  Mr. Mountain said it will be between the backyard of the adjacent property and the field.

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 9:58 p.m.

The Committee discussed issues related to the Emergency Services Building that will be the subject of a meeting with the architects.  The Committee reviewed resumes of two planners being considered for the municipal facilities site.   Mr. Mountain reviewed his salary recommendations with the Committee.

Upon motion duly made and seconded the Committee returned to open session at 10:41 p.m.

Resolution R2007-72

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING PLANNER FOR A MUNICIPAL FACILITIES SITE ANALYSIS

WHEREAS, there exists a need a professional planning services in connection with siting municipal facilities; and

           WHEREAS, R.S. 40A:5-11 provides that a municipality may award a contract for such services without competitive bidding; and

            WHEREAS,  Francis J. Banisch, III, PP/AICP, President of Banisch Associates, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that he has not made any reportable contributions to a political or candidate committee in the Township of Mendham in the previous one year, and that the contract will prohibit Francis J. Banisch, III, PP/AICP, President of Banisch Associates, Inc. from making any reportable contributions through the term of the contract.

               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 Mayor is hereby authorized and directed to execute on behalf of the

Township a contract with Francis J. Banisch, III, PP/AICP, President of Banisch Associates, Inc. in the form on file in the office of the Township Clerk for services in connection with the siting of municipal facilities for the Township of Mendham and the Clerk is hereby authorized to attest such contract and affix the corporate seal thereto.

2.     The Township Clerk shall cause a notice of the award of this contract to be

published as required by law.

3.     The Business Entity Disclosure Certification and the Determination of Value

Certification shall be placed on file with this resolution.

4.     A certified copy of this Resolution shall be forwarded to Francis J. Banisch, III,

PP/AICP, President of Banisch Associates, Inc.  111 Main Street , Flemington , NJ 08822 .

Mr. Krieg made a motion to adopt R2007-72;  Mr. Phelan seconded the motion.    

ROLL CALL – All present voted YES.

Resolution R2007-81

R2007-81

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , ESTABLISHING SALARIES FOR OFFICERS AND EMPLOYEES OF THE TOWNSHIP FOR 2007

            BE IT RESOLVED by the Township Committee of the Township of Mendham, that the following named persons be paid the salaries indicated which are within the ranges set forth in Ordinance 8-2007 that was duly adopted on June 11, 2007:

name                                        title                                                       2007 salary