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MINUTES – MENDHAM TOWNSHIP COMMITTEE January 8, 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: 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
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 December 15 2006; Notice was posted
on the bulletin board in Township Offices and Notice was filed with the Clerk on
December 15, 2006.” APPROVAL OF MINUTES - December 19, 2006 –
Mr. Schrier made a motion to approve these minutes as written; Mr. Phelan
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 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 Tom Lemanowicz regarding Knollwood Trail Drainage Issue: Mr. Lemanowicz pointed out that flooding at the end of Knollwood Trail has been an issue for some time and he has been looking at an alternative to address the problem. He has been looking at the Pitney Farm basin that drains through Knollwood to get to the river because he thought there may be an alternative way to store water on the surface as opposed to an underground system. He said the benefit derived was good for smaller storms but not for a 100-year event. Mr. Phelan asked what the contributing factors are, noting that the problem existed before Pitney Farm was developed. Mr. Lemanowicz said the whole neighborhood contributes to the problem because there is no detention system for the older development and while Pitney Farm did come after the situation arose, he was looking for some place to store the water, to allow the Knollwood system to get rid of what it was holding before additional water came in to the system. He explained that because of a bottleneck at the bottom of Knollwood, water coming in can’t get out so the idea is to slow down the water going in. He said they did consider increasing the size of the piping but because it is such a large drainage area with limited storage it would be better to get the water out faster than to letting it in slower. One alternative to accomplish that would be to put a twin to the existing 24” out to the river. He said there is a permit issue with that because it results in a high peak in the water course and they would have to prove that it would not negatively affect the stream. He said the existing pipe can handle 22 cfs under gravity and at best, using the Pitney basin and the underground system only about 5 cfs would be shaved off the numbers. Mr. Schrier said what they are interested in finding out is if the flooding that occurs can be mitigated in a way satisfactory to the homeowners and at the same time not overload the streams to the extent that the DEP is not going to permit any additional flow into it. Mr. Phelan asked if there is a solution to mitigate the entire area. Mr. Lemanowicz said not unless the Township buys some of the properties to create a detention basin big enough. He said the DEP would have to be convinced that the Township is not going to significantly increase the peak of the stream. Mr. Lemanowicz said pipe replacement would be his first choice and the benefit of doing that is better than the other alternatives. At this point the Mayor opened the meeting to the residents of Knollwood Trail who were present. Paul Calvacca, 11 Knollwood Trail: said the area floods more than twice a year. He asked if the DEP is waiting for someone to get hurt. Mr. Lemanowicz said the DEP takes some convincing to do what most people would consider logical and he thinks that the effort made so far will go a long way towards showing the DEP that there is an issue. Mr. Lemanowicz said the models he is using are basic. Mr. Schrier said these residents are living in a real life situation and climate, along with other things, contribute towards this issue and he thinks the DEP should realize that. Mr. Lemanowicz said if the DEP balks at a new outfall the Township may also offer to take some from the Pitney basin. Mr. Calvacca said this is not just about water on someone’s property but a safety issue, pointing out that he once found his neighbor stranded in a flooded area. Mr. Lemanowicz said there is a single outlet at the end of Knollwood that should be a double outlet at least. Bob Holland, 20 Knollwood Trail: said what really causes the problem is when there is a heavy rain the water has no place to go. He said the water has no place to go and asked about making the stream deeper to accommodate more water. He also said the stream bank is eroding and also noted that all the properties are saturated by water coming off Route 24. Mr. Mountain said the County has committed a small portion of money towards the project to address the water coming off Route 24. Mr. Krieg asked if the outflow was doubled would the flooding be brought down. Mr. Lemanowicz said it would to some degree. Mr. Holland said some storms have created 5’ of water at the end of Knollwood. His concern is that water could be attractive to children and someone could be lost. He also knows of at least two cars that have been lost and the Township could be liable. Mayor Florek asked Mr. Lemanowicz if a second pipe were to be put in the water still would not have any place to go because the level of the stream is too high now. Mr. Lemanowicz said that was and suggested indicating to the DEP that remediation of the flooding would also be beneficial to the stream. He said the pipe empties directly into a channel and causes erosion and if it was pulled away and another channel created, that would benefit the stream. He said if the pipe is doubled the water gets out faster and unless the river comes up higher than the grate at Knollwood, it is still moving. Mr. Schrier asked if the capacity is doubled and that proves not to be enough, would that be wasted money. Mr. Lemanowicz said it would not be and then they would have to look at underground storage, the Pitney basin, oversize and/or replace piping. Mr. Schrier asked if it would be more prudent to go to the DEP with a multi-stage plan. Mr. Lemanowicz said that’s what he would like to do with the pipe replacement the most logical way to go. He explained he may have to barter with the DEP on the pipe size. He suggested going to the DEP with a pre-application and based on their answer he would then proceed with a LOI. Mr. Holland said he has an easement on his property and asked about problems with the current pipe. Mr. Lemanowicz said a pipe cleaning would be involved. He said piping would be about $40,000 and permitting could be another $40,000. He indicated that there are some grants that could be applied for towards this project. Mr. Schrier said he would go back to the county to renegotiate their contribution. John Reiling, 20 Knollwood Trail said he also has some photos he will share with Mr. Lemanowicz. Mr. Holland thanked the Committee for helping with this issue. Mr. Calvacca asked if the pitch of the piping has to do with the size of the pipe used. Mr. Lemanowicz said everything has to fit and he can’t raise the grate to accommodate larger pipe. Mayor Florek asked Mr. Lemanowicz to prepare a summary of costs for the second 24” pipe and if the DEP does not look favorably then it would be back to the drawing board. All Members of the Committee agreed. 2. Christine Johnson, Mendham Township Superintendent of Schools, extended a welcome to Mr. Cioppettini and said she is here to continue to support a growing relationship between the school community and the Township Committee. She said she is glad to hear that there will be a liaison from the governing body to the school district and hopefully communications will be expanded and that the school community is open and willing. Mayor Florek thanked Ms. Johnson, noting that this is the first time a Superintendent of Schools has taken the initiative to address the governing body and she is expecting to the liaison and is looking forward to that position. Mr. Krieg said a dialogue between the Township and the Board of Education will be a good way to address potential savings to the taxpayers. Mr. Cioppettini thanked Ms. Johnson and said he looks forward to working as a team. Mr. Schrier said the defeat of the regional budget was partly due to a relationship that is not what it once was and this is a door opening and the dawning of a new era and he looks forward to the Committee and the Board of Education working together. Mr. Phelan said the secret of success is prudent financial management and unfortunate circumstances in the past have caused an adversarial climate. He said the governing body wants to be there for the school community and thanked Ms. Johnson for the wonderful job she has done since her arrival. 3. Ordinance
1-2007 – First ORDINANCE REAPPROPRIATING $55,000 PROCEEDS OF OB
LIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR THE
ACQUISITION OF 911 RADIOS FOR AND BY THE Mr. Schrier made a motion to adopt Ordinance 1-2007 upon first reading with second reading and public hearing to be scheduled for January 23, 2007; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 1-2007 is attached hereto and made a part hereof. 4. Ordinance
2-2007 – First ORDINANCE REAPPROPRIATING $196,000 PROCEEDS OF OBLIGATIONS
NOT NEEDED FOR THEIR ORIGINAL PRUPOSE IN ORDER TO PROVIDE FOR PROJECT MANAGEMENT
AND PROJECT OVERSIGHT FEES FOR THE Mr. Krieg made a motion to adopt Ordinance 2-2007 upon first reading with second reading and public hearing to be scheduled for January 23, 2007; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. A copy of Ordinance 2-2007 is attached hereto and made a part hereof. 5. Discussion of climate protection agreement: Mr. Schrier said he could not support this agreement which was brought to the attention of the governing body by the co-chairs of the Environmental Commission. Mr. Krieg agreed with Mr. Schrier. Mr. Phelan suggested inviting the Co-chairs to share their reasons for requesting the governing body’s support of this agreement. Mr. Cioppettini had no comment. Mayor Florek agreed with Mr. Phelan to invite Mrs. Link and Mr. Rhodes to a future meeting. 6. Resolution R2007-14 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/appointments to boards, commissions, committees [x]
contract negotiations/Emergency Communications; joint Library [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. Schrier made a
motion to adopt R2007-14; Mr. Krieg seconded the motion. ROLL CALL – All
present voted YES. 7.
Resolution R2007-15 – to be held until after closed session discussion 8.
Resolution R2007-16 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING TEMPORARY APPROPRIATIONS AS PROVIDED BY N.J.S.A.40A:4-19 WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2007 budget, temporary appropriations may be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January, 2007; and WHEREAS, the total appropriations in the 2006 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, is the sum of $7,259,857.12; and WHEREAS, 26.25% of the total appropriations in the 2006 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance in said 2006 budget is the sum of $1,905,712.49. . . NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following appropriations be made and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for his records. (See Attached) R2007-16a RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, N.J.S. 40A:4-19 provides authority for appropriating in a temporary resolution the permanent debt service requirements for the coming fiscal year providing that such resolution is not made earlier than December 20 of the year preceding the beginning of the fiscal year; and WHEREAS, the date of this resolution is subsequent to December 19, 2006; and WHEREAS, principal and interest will be due on various dates from January 1, 2007 to December 31, 2007, inclusive, on sundry bonds issued and outstanding. NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made to cover the period from January 1, 2007 to December 31, 2007 inclusive: DEBT SERVICE –
Payment of Bonds 0 Interest on Bonds $ 50,000.00 Interest on Notes 0 Payment of Bond Anticipation Notes 0 $ 50,000.00 DEBT SERVICE – SEWER UTILITY IPayment of Principal on Bonds $ 2,000.00 Interest on Bonds 500.00 Interest on Notes 2,750.00 Payment of Bond Anticipation Notes 5,250.00 R2007-16b RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2007 budget, temporary appropriations may be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January, 2007; and WHEREAS, the total appropriations in the 2006 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, is the sum of $252,600; and WHEREAS, 26.25% of the total appropriations in the 2006 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance in said 2006 budget is the sum of $45,727.50. . NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following appropriations be made and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for his records. TEMPORARY APPROPRIATIONS – 2007SEWER SALARIES OTHER EXPENSES TOTAL Sewer 0 $45,727.50 R2007-16c RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2007 budget, temporary appropriations may be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January, 2007; and WHEREAS, the total appropriations in the 2006 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, is the sum of $88,000; and WHEREAS, 26.25% of the total appropriations in the 2006 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance in said 2006 budget is the sum of $19,950.00. . NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following appropriations be made and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records. TEMPORARY APPROPRIATIONS – 2007SEWER II SALARIES OTHER EXPENSES TOTAL Sewer 0 $19,950.00
Mr. Schrier made a motion to adopt R2007-16; Mr. Krieg seconded the motion. ROLL CALL – Mr. Krieg, Mr. Schrier, Mr. Cioppettini and Mayor Florek voted YES.; Mr. Phelan voted NO. 9. Resolution R2007-17 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING REDEMPTION OF TAX SALE CERTIFICATE #01-003T WHEREAS, Tax Sale Certificate #01-003T assessed to Lot 49 in Block 116 is held by Crusader Servicing Corp as Custodian; and WHEREAS, the above mentioned Tax Sale Certificate has been redeemed in the amount of $214,285.72 which amount included principal and interest. 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 refund the amount of $214,285.72 to Crusader Servicing Corp as Custodian. Mr. Schrier made a
motion to adopt R2007-17; Mr. Cioppettini seconded the motion. ROLL CALL – All
present voted YES. 10.
Resolution R2007-18 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, there has been created a Morris County Adaptive Recreation Program (McARP); and WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and WHEREAS, the total project cost is estimated to exceed $300,000.00; and
WHEREAS, the
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
That the Mr. Schrier made a motion to adopt R2007-18; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. 11. Resolution R2007-20 RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
WHEREAS, the Township
Committee of the Township of Mendham adopted Resolution R-2006-152 on December
11, 2006 which, in part, awarded a contract for Plumbing Work in connection with
the construction of the Emergency Services Building to Ranco Mechanical, Inc. in
the amount of $299,600.00; and
WHEREAS, the correct amount of the contract for the aforesaid
contract is $288,400.00 in that the award of December 11, 2006 did not take into
account a deduct for Alternate #6 in the bid for $11,200.00; and
WHEREAS, the Township desires to correct, amend, and confirm the
award of the Plumbing Work Branch Contract.
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the
1.
The Township Committee of the
2.
The balance of Resolution R-2006-152 is confirmed.
3.
This Resolution shall take effect immediately.
Mr.
Krieg made a motion to adopt R2007-20; Mr. Phelan seconded the motion. ROLL
CALL – All present voted YES. ADMINISTRATOR REPORT 1. Mr. Mountain
reported on the progress of the 2. Mr. Mountain referred to his Memo regarding a review of the Highlands Master Plan. Mr. Mountain has received a proposal from Duggan Kimball in the $5-10,000 range. He also said there may be some grant opportunities towards the funding. Mr. Kimball said the most appropriate place for this review would be with the master plan committee, a subcommittee of the Planning Board. Mayor Florek asked if there is a framework for the Township’s options. Mr. Mountain said that would be established by the master plan committee. Mr. Mountain also noted that it may be advisable to have a representative from the Township Committee on the master plan committee. Mr. Mountain will contact the Planning Board Chair to convey the governing body’s agreement to this review. Mr. Phelan asked Mr. Krieg to summarize the positive things he is hearing from other communities regarding recreation activities and how the Mendhams and Chesters can work together. Mr. Krieg reported that he contacted the Mayors of the
Chesters and Mendham Borough and received a response from Mayor Henry of Mendham
Borough and they are thinking about building another field.
He said the Mr. Schrier pointed out that Mr. Cioppettini, during his campaign, focused on working together. Mr. Cioppettini agreed that these four communities should be working together in the future. OPEM ITEMS LIST The Open Items List was reviewed and updated. CORRESPONDENCE1. Morris County Green Table/January 24th meeting 2. from Mr. Schrier/article re cities losing postmarks 3. NJLM Advisory (13) Mr. Schrier said activity at the Brookside Post Office should be as high
as possible to maintain 07926 (item #2) LEGISLATIVE REPORT - No Report 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 9:04 p.m. Mr. Krieg updated the Committee on the status of the Joint Library.
Mr. Mountain reported on the contract with Upon motion duly made and seconded the Committee returned to open session
at 9:42 p.m. Resolution R2007-15 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, there is a need for an appraisal in connection with the potential acquisition of property for Police Headquarters; and
WHEREAS, a proposal has been received from Matthew S. Krauser of Integra
Realty Resources to provide a Real Estate Appraisal Limited, Summary Report of
the property identified as WHEREAS, the Township Chief Financial Officer has advised that monies are available for payment for the service to be performed pursuant to the contract authorized by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
A contract for an update of a real estate appraisal to be
performed with respect to the property known as Matthew S. Krauser of Integra Realty Resources. Mr. Krieg made a motion to adopt R2007-15; Mr. Phelan seconded the motion. ROLL CALL – All present voted YES. Upon motion duly made and seconded the meeting adjourned at 9:43 p.m. Respectfully submitted: Penny Newell, Township Clerk Attachments: Approved Bill List Ordinance 1-2007 Ordinance 2-2007 |
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