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MINUTES – MENDHAM TOWNSHIP COMMITTEE March 12, 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 January 11, 2007; Notice was posted on
the bulletin board in Township Offices and Notice was filed with the Clerk on
January 11, 2007.” APPROVAL OF MINUTES -
.February 27, 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 6-2007 – Second an ordinance of 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. Schrier made a motion to adopt Ordinance 6-2007; Mr. Krieg 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.
Presentation by Mr. Harry Gerken, Executive Director of the Ten Towns
Great Swamp Watershed Management Committee.
Mr. Gerken presented the 2005-2006 Annual Report, briefly reviewing the
history and focus of the organization over the past twelve years.
He noted that the member towns have worked together to protect and
improve the water quality of the feeder tributaries of the Great Swamp National
Refuge while continuing a water quality monitoring program, improving the
headwaters and undertaking streambank restoration projects.
Mr. Gerken acknowledged the Township’s financial support as well as
support of the many activities the organization provides.
Mayor Florek asked Mr. Gerken how he feels the Township’s ordinances
stand as being consistent with the Highlands Master Plan.
Mr. Gerken said he has not compared those ordinances and it would be
premature to say how at this point. He
said one issue the Ten Towns is discussing is whether or not they should listen
to a presentation by the professionals at the Highlands Council on how the ten
communities would be affected by the plan.
Mr. Cioppettini commented that as the new representative to the Ten Towns he appreciates the help the staff has been in bringing him up to date. Mr. Schrier noted that Mr. Schrier added that it was Assemblyman Richard Bagger
who proposed the State Act
that would have pre-empted the ten towns organization and it was Township
Mayor Chris Palmer who urged Mr. Gerken said
that the former chairman of the Ten Towns was asked last year to present the
concept to a watershed in 2.
Introduction of the 2007 Municipal Budget.
Mr. Phelan, chair of the Finance Committee, noted the many hours of work
in preparation of the budget and most importantly, there will be no municipal
tax increase in 2007. Mr. Mountain said
both the capital and operating budgets presented a challenging process with the
final product to include funding to continue service levels at the current rate
and funding for reserve towards the capital program of infrastructure.
Mr. Phelan said
residential taxes are based on the four components of municipal, county, local
school and regional school, and the county rate, according to Mr. Schrier, will
be reduced for 2007 by a quarter of a cent. Mr. Phelan made a
motion to introduce the 2007 Municipal Budget with the public hearing to be
scheduled for April 9, 2007; Mr. Cioppettini seconded the motion.
ROLL CALL – All
present voted YES. 3.
Mayor Florek said she would like to find an event, to be led by the
Township Committee and the various departments within the organization, which
would bring the community together and would involve the schools, parents and
volunteers in an activity that could lead to, among other things, the adoption
of a Township Logo. She suggested
something like a CIVICS DAY. Mr.
Phelan said perhaps a professional should be involved with the creation of a
Logo. 4.
Resolution R2007-41 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 [x]
acquisition of property/Open Space; Municipal Facilities
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 R2007-41; Mr. Krieg seconded the motion. ROLL CALL – All
present voted YES. 5.
Resolution R2007-42
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS the WHEREAS, the bylaws of the New Jersey Municipal Joint Insurance Fund requires member municipalities to obtain professional risk management consulting services; and WHEREAS, Richard E. Allocca of Advent Insurance Services has presented a proposal to the Township for Risk Management Consulting Services; and WHEREAS, the Township Committee has approved the proposal offered by Advent Insurance Services.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the BE IT FURTHER RESOLVED that a notice of this Agreement is to be published according to NJSA 40A:11-5 (1) (a) (i). Mr. Schrier made a
motion to adopt R2007-42; Mr. Cioppettini seconded the motion.
ROLL CALL – All
present voted YES. 6.
Resolution R2007-43 WHEREAS, continued investment in open space and farmland preservation is vitally important to the state, as it enhances New Jersey’s economy, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its character; and WHEREAS, New Jersey continues to face incredible pressure from development, losing nearly 50 acres of open space daily to new development projects; and WHEREAS, the Garden State Preservation Trust provides a match for open space taxes collected by all 21 counties and more than 225 municipalities; and WHEREAS, protecting open spaces and improving urban natural areas stabilizes local property taxes and revitalizes communities; and WHEREAS, since its creation in 1998, the Garden State Preservation Trust has enabled the State of New Jersey, its local governments, and nonprofits to acquire over 432,000 acres of parks, open space and farmland; and WHEREAS, the Garden State Preservation Trust is essential not only to the State’s conservation programs, but also to the work of counties, municipalities and nonprofit organizations by providing grants and low interest loans to help preserve land while protecting natural resources and farmland for future generations; and WHEREAS, even many of the places already protected – our state and local parks – are threatened by inadequate levels of funding for operation, maintenance and stewardship; and WHEREAS, the Garden State Preservation Trust is virtually depleted, with funds to be completely exhausted in 2007 despite the continued need for the programs it makes possible.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
The 2.
The 3. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following: The Honorable Jon Corzine, the Morris County Legislative Delegation; the Morris Land Conservancy, the New Jersey Conservation Foundation, The Outdoor Recreation Alliance, the Daily Record and the Observer Tribune. Mr. Schrier made a motion to adopt R2007-43; Mr. Krieg seconded the motion. ROLL CALL – All present voted YES. 7. Resolution R2007-44 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, the Department of Veterans Affairs has confirmed the total
disability of the owner of
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Phelan made a motion to adopt R2007-44; Mr. Krieg seconded the motion. ROLL CALL – All present voted YES. 8. Discussion with Library Board. Present for Library: Kris Swanson, Harriet Hochberg and Joe Horzepa. Mayor Florek said the focus of this discussion is the local board and its relationship to the LOTM board, specifically that there is no voting member from the local board on the LOTM board. Mr. Phelan said he was surprised to learn, during budget discussions with the local board, they had no voting member on the LOTM board and he asked why. Ms. Swanson replied that it was their attorney’s opinion that it would be a conflict in terms of fund raising. Mr. Falcon said he did not feel it would be a conflict. Mr. Schrier asked the board members present if they had an interest in appointing a voting member to the LOTM board. Mr. Horzepa said the LOTM board votes on the members and they could exclude a member of the local board. Mr. Phelan pointed out that the LOTM is the library of the Mendhams and the charter is to pursue a joint library and the body that makes decisions should be made up of representatives from both local libraries. Mr. Krieg said the Township library has a member on the LOTM board but not a voting member. Mr. Phelan said that with millions of dollars proposed to be spent there should be active participation by both local libraries. Mr. Horzepa said a LOTM board member can vote as an individual but not as a representative of a local library. Mr. Schrier said to not have voting capability as a representative of a local library when funding is coming from those municipalities is troublesome. Mr. Krieg suggested that a roster of the trustee and a copy of the bylaws be obtained. Mr. Mountain will obtain those. Mr. Phelan asked the local board members present how many members are on the local board and if they were all in favor of a joint library. Ms. Swanson replied that there are six members and all are in favor of a joint library. Mr. Schrier mentioned the issue of the Friends of the Library, noting that while the Township provides the lion’s share of funding, the Friends do supplement that funding and he thinks it is fair to say that not everyone in the Township is in favor of the joint library. Mayor Florek asked if there has been difficulty with fund raising for the local library because of the proposed joint library. Ms. Swanson said that in the last four years the Friends have been told there were going to be disbanded although in the past year they have reorganized and programming has increased. She feels that “because of LOTM fatigue” funding has decreased. Mr. Schrier asked the board members if they were aware that the Borough is looking at an alternative location for the joint library and what would be their view of that one or other possibilities as opposed to the original proposed location. Ms. Swanson said she doesn’t know what the other alternative locations are but people on the board are excited about the possibility of the proposed church property. She said if one accepts the numbers it would be less costly, infrastructure is in place and it is accessible without a vehicle. She has a concern about the potential church/state issue as it could relate to meeting room use, etc. She said there are many questions she would need answers to before supporting or not supporting. She also said she feels that within ten years the Township library will cease to exist and so any possible site is a good thing for the Mendhams. Mr. Cioppettini said board members have to ask questions such as is this the right site, does it have everything needed, before taking action. Mr. Horzepa said this is the right thing to do and he is hoping the Township Committee will consider the fact that libraries are changing and small local libraries will go away because they can’t provide all the services people require, as they make their decision. Mr. Krieg noted that the Friends new president has taken over and is working to get more members. Mayor Florek said the Township Committee will review the LOTM bylaws and also the fundraising issue. Mr. Schrier said he would be very interested in an analysis of “no library in ten years” and thinks that needs more discussion. Ms. Swanson said she understands that the Township Committee has a goal and if the Committee is no longer in favor of LOTM the library board needs to know. Mr. Phelan said the Committee does not have an answer of whether or not to have a joint library but if they agree that a joint library is the right thing it would have unanimous support – it would be an ultimate place and a heavenly experience for those who go there. 9. Discussion of Recreation Commission memo re National Geomatica. The Recreation Commission has asked the Township to approve the concept of acquiring a service offered by National Geomatica, at a cost of $5,000, which would enable them to link with many other recreational organizations for purposes of scheduling, record keeping, etc. Mr. Phelan said that Mr. Mountain had brought this to the attention of the Recreation Commission and there could be other areas of the Township that would find this service useful. Mr. Mountain said at present the Township uses the GIS service and the monthly fee is offset by construction permit fees. This new module could also be offset by fees. Mr. Phelan would like to see a survey of Township residents regarding recreational activities, with the Township Committee reviewing the survey questions before it is sent out. 10. Resolution R2007-45 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, tax overpayments have been made on certain properties in the
WHEREAS, State Assessment
Settlements have been agreed upon 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 119/1.06 Todd Leonard $12,813.84 100/34.02 Michael and Kerri Purdy $33,914.20 BE IT FURTHER RESOLVED that the Treasurer be, and is hereby, directed to refund the following amounts due to settlements of State Assessment Appeals: Block/Lot 118/18 James and Kapka Katz and Joshua D. Novin Trustee $ 861.00 127/94.01 Roger Blissett and Miryam Prosper $ 3,654.00 123/30 Margaret Petersen and Joshua D. Novin, Trustee $ 5,089.00 Mr. Krieg made a motion to adopt R2007-45; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 11. Resolution R2007-46 – to be held 12. Resolution R2007-47 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, Resolution R2003-49 adopted April 14, 2003 awarded a two-year contract for the collection and disposal of garbage and trash from the period May 1, 2004 through April 30, 2005 to Blue Diamond Disposal; and WHEREAS, in accordance with the provisions of the Specifications and Contract for Collection, Transportation and Disposal of Solid Waste Type 10, the Township Committee has the option to extend the contract for three (3) more one-year options; and WHEREAS, two previous one year extensions of the Contract have been awarded for the weekly collection and disposal of garbage and trash from May 1, 2005 through April 30, 2006 and from May 1, 2006 through April 30, 2007; and WHEREAS, Blue Diamond Disposal, Inc. has agreed to the third one-year extension of the contract for the collection and disposal of garbage and trash from the period May 1, 2007 through April 30, 2008; and WHEREAS, the Chief Financial Officer of the Township has issued a certificate designating the appropriation to which the contract will be properly charged and stating that adequate funds are available under the appropriation for the payment of the contract price during the period May 1, 2007 through December 31, 2007, and copies of said certificate is attached hereto and made a part of this Resolution; and WHEREAS, the Township Attorney has issued a statement that he is satisfied that a proper certificate as to the availability of funds has been provided by the Chief Financial Officer of the Township as required by law, and a copy of said statement is attached hereto and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the 1. A one-year contract for the weekly collection and disposal of garbage and trash is hereby awarded to Blue Diamond Disposal, such contract to be in the amount of $108,000.00, and the Mayor is hereby authorized and directed to execute the Contract and the Township Clerk is hereby authorized and directed to attest such contract and to affix the municipal seal thereto, and when so executed and attested the contract shall be a legally binding obligation of the Township in accordance with the terms thereof, and the proper officials of the Township are hereby authorized to make and perform any and all acts necessary to carry out such agreement. 2. Payments by the Township to Blue Diamond Disposal pursuant to the contract authorized by Paragraph 1 of this resolution during the period May 1, 2007 through December 31, 2007 shall be made from the following appropriation in the 2007 municipal budget: GENERAL APPROPRIATION Solid Waste Collection
In accordance with the provisions of N.J.S.A. 40A:11-15, the Contract is subject to the availability and appropriation in 2007 and 2008 of sufficient funds as may be required for the services to be performed under the contract during those years. 3. This resolution shall take effect upon adoption. 4.
Certified copies of this resolution shall be forwarded by the
Township Clerk to Blue Diamond Disposal, Mr. Krieg made a motion to adopt R2007-47; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES. 13. Resolution R2007-48 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, the Township has various items of personal property which are no
longer needed and which are specified in Schedule A attached to and made a part
of this Resolution; and
WHEREAS, N.J.S.A. 40A:11-36 permits the sale by a municipality of
personal property not needed for public use in accordance with statutory
provisions; and
WHEREAS, N.J.S.A. 39:10A-1 permits the sale by a municipality of
abandoned motor vehicles.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
The
Township Administrator is hereby authorized and directed to hold an open auction
of the property listed in Schedule A. The
auction is to take place at the Department of Public Works Garage, Mt. Pleasant
Road, Brookside, NJ on Wednesday, March 28, 2007 at 9:00 a.m. prevailing time.
Sales shall be made to the highest bidder for each item subject to the
terms and conditions of this Resolution. 2.
No
representations are made as to the condition, quality or performance of
any item offered for sale and all items shall be sold “as is.” 3.
The
items of property subject to sale shall be available for public inspection at the Department of Public Works
Garage between the hours of 7:00 a.m. and 3:00 p.m. prevailing time, beginning
on March 19, 2007 and continuing through March 27, 2007, excluding weekends. 4.
The any
item of personal property offered for sale if it is determined that such rejection
is in the public interest. The
Township Administrator is authorized
to
make such determination with respect to each item offered for sale. 5.
Each
successful bidder shall deposit in cash or by certified check at least ten
percent (10%) of the purchase price of the item with the Township Administrator
at the close of the auction. If the
bidder is unable to do so, the Township Administrator may accept the bid of the
next highest bidder. 6.
Possession
of any item sold shall be delivered to the successful bidder upon full payment
of the purchase price by cash or certified check.
When appropriate, a bill of sale or title document shall be delivered to
the purchaser. Full payment shall be
made within thirty (30) days of the date of the auction. If a successful bidder
shall fail to make full payment for any item within thirty (30) days of the date
of the auction, the sale of the item shall become null and void and the bidder
shall forfeit the ten percent (10%) deposit made at the time of the auction. 7.
Any
item listed on Schedule A as to which no bid is received may thereafter be sold
by the Township Administrator for no less than its estimated fair value without
further notice of sale. 8.
Any
item listed on Schedule A as to which any or all bids may be rejected or as to
which a sale shall become void in accordance with Paragraph 6 of
this Resolution shall be
readvertised for a subsequent public sale. If
any or all bids shall be rejected at
the second public sale, the Township Administrator may then sell such items
without further publication or notice at private sale, provided that in no event
shall the negotiated price at private sale be less than the highest bid rejected
at the preceding two public auctions. 9.
All
deposits and proceeds of sales shall be delivered by the Township Administrator to the Township Chief Financial
Officer within forty-eight hours of receipt together with records of sales.
10. Certified copies of this
Resolution shall be forwarded by the Township
Clerk to the Township Administrator and to the Township Chief
Financial Officer.
11. Copies of this
Resolution including Schedule A shall be published as a
LEGAL NOTICE in the DAILY RECORD on March 15, 2007 SCHEDULE A
Vin #1FDYK82A5HVA31904 Fair Condition, Minimum Bid $5000
Diesel with 8 1/2’ Western Plow Vin #1FDKF38F9VEA77148 Good Condition, Minimum Bid:
$6,000 3.
Monroe Full Tailgate Sander for mason truck Serial #98-11-3988 Fair Condition; Needs Repairs Serial #00-06-7349 Good Condition 5.
2003
Serial #06233
Good Condition
Other miscellaneous items Mr. Krieg made a motion to adopt R2007-48; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES. 14. Resolution R2007-49 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, there were 773 motor vehicle fatalities in WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and WHEREAS, the Division of Highway Traffic Safety estimates that more than 135,000 lives were saved by safety belt usage nationally between1975-2000; and WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 21 – June 3, 2007 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the State from the current level of 90% to 92%; and
WHEREAS, a further increase in safety belt usage in
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Schrier made a motion to adopt R2007-49; Mr. Cioppettini seconded the motion. ROLL CALL – All present voted YES. 15. Discussion of unwanted delivery of newspapers. Mayor Florek reported that several residents have tried unsuccessfully to stop these deliveries. Mr. Falcon will look into the matter. Mr. Cioppettini suggested that Mr. Facon send a letter to the Star Ledger asking that they cease delivering the unwanted newspapers. 16. The Committee appointed Diane Tolley to the Open Space Committee; Philip Schlegel to the Recreation Commission and Dr. David Howard to the Board of Health. 17. Mr. Schrier
noted the passing of Helen Wright, formerly of ADMINISTRATOR REPORT 1. Mr. Mountain
reported that the OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1. NJLM Alert (8) 2. Environmental Commission/article re saving amphibians 3.
4. Environmental Commission/Global Warming Initiatives 5.
6. Borough of Chester/Highlands Regional Master Plan Mr. Schrier noted that the EC’s correspondence regarding Global Warming should be saved for a future discussion. He also reminded the Committee about the Freeholders’ upcoming budget meeting on March 28th. LEGISLATIVE 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 9:37 p.m. Police Chief Costanza
joined the Committee to discuss the promotional interview process currently
underway and also a personnel matter. Chief
Costanza left the meeting at 9:50 p.m. Mr.
Mountain updated the Committee on the potential acquisition of two properties,
one for open space and one for municipal use. Upon motion duly made and seconded the Committee returned to Open Session
at 10:16 p.m. The following resolution was offered: R2007-50 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROVING AGREEMENT WITH HEARING OFFICER BOWKLEY
WHEREAS, the NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Agreement between the Township and C. William Bowkley, Jr., Esq. in the form submitted is hereby approved and the Mayor and Township Clerk are hereby authorized and directed to execute and deliver this Agreement on behalf of the Township. Mr. Schrier made a motion to adopt R2007-50; Mr. Krieg seconded the motion. ROLL CALL – All present voted YES. With no further matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:18 p.m. Respectfully submitted: Penny Newell Township Clerk Attachments: Approved Bill List |
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