MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

FEBRUARY 11, 2008

Mayor Florek called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey .

ROLL CALL:    Present:                    Mr. Krieg

                                                            Mr. Schrier

                                                            Mr. Cioppettini

                                                            Mayor Florek

                          Absent:                     Mr. Phelan

                          Also Present:           Stephen P. Mountain , Township Administrator

                                                            Christopher Falcon, Esq., Township Attorney

Mayor Florek led all in the Pledge of Allegiance and then read the following statement:

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 4, 2008; Notice was posted on the Bulletin Board in the Township Offices and Notice was filed with the Township Clerk on January 4, 2008.

APROVAL OF MINUTES

No minutes were submitted for approval.

OLD BUSINESS

Mayor Florek read Ordinance 01-2008 for  second reading/adoption.

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $285,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $237,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

Upon motion of Mr. Krieg and second of Mr. Schrier, the Public Hearing on Ordinance 01-2008 was opened.  With no one desiring to be heard, and upon motion being duly made and seconded, the Public Hearing was closed. 

Mayor Florek called for a motion to adopt Ordinance 1-2008.  Mr. Schrier so moved and Mr. Krieg seconded.  Upon a call of the roll, all present voted yes and Ordinance 1-2008 was adopted

Ordinance 1-2008 is appended to the official minutes.

Mr. Schrier reported that he met with the Scott Air Pak vendor and after his meeting is certain that  the Scott Paks are best for Fire Department use. They are true 30 minute paks which means that at thirty minutes an alarm goes off to alert the firefighter that there are 15 minutes left.   He recommended that he and another Township Committee member meet with the Ralston Engine Company about converting to use of the Scott Paks. 

HEARING PERSONS PRESENT

Upon motion duly made and seconded,  Mayor Florek opened the floor to Hearing Persons Present.

No one was present to be heard and upon motion duly made and seconded, Mayor Florek closed this portion of the meeting.

NEW BUSINESS

Amalia Duarte, 22 Brockden Drive , Chair of the Recreation Commission presented results of the Recreation survey.  The Commission wanted to get some input from the Township Committee prior to making any decisions on where to go with resident suggestions.  77 people took part in the survey.  Mrs. Duarte was not concerned about the small number, but the Governing Body was surprised at such a small return. 

Those who responded want to receive Recreation information through e-mails and the Brochure.  Mrs. Duarte said that the Commission has already started to investigate an e-mail system for notification and information. Township fields are the most used facilities and a majority of the respondents are satisfied with the conditions.  An outdoor pool is the most requested new facility, bike trails, golf course, fitness tracks, community theater  followed.

A copy of the survey results is appended to the official minutes.

Mayor Florek read Resolution 2008-26 by title, AUTHORIZING BUDGET TRANSFERS and asked for a motion to adopt.  Mr. Krieg so moved, Mr. Cioppettini seconded.  All present voted in favor and Resolution 2008-26 was adopted.  This resolution is appended to the official minutes.

Mayor Florek read Resolution 2008-27 by title, AUTHORIZING REFUND OF TAX OVERPAYMENT and asked for a motion to adopt.  Mr. Cioppettini so moved, Mr. Krieg seconded.  All present voted in favor and Resolution 2008-27 was adopted.  This resolution is appended to the official minutes.

Mayor Florek read Resolution 2008-28 by title,  OPPOSING GOVERNOR’S TOLL HIKE PROPOSAL and asked for a motion to adopt.  Mr. Krieg so moved, Mr. Cioppettini seconded.  Mr. Schrier noted that the League of Municipalities has not yet commented on this proposal and he would prefer to wait to take action until he had an objective analysis of the proposal.  A call of the roll was as follows:

Mr. Krieg – yes

Mr. Cioppettini – yes

Mr. Schrier – abstain

Mayor Florey – yes

Resolution 2008-28 was adopted and appended to the official minutes.

Mayor Florek read Ordinance 02-2008 for first reading/introduction.

            AUTHORIZING INCREASE IN COST OF LIVING PERCENTAGE/

            MUNICIPAL BUDGET CAP

and called for a motion to adopt on first reading. Mr. Schrier so moved, Mr. Krieg seconded and upon a roll call vote, all present voted yes and Ordinance 02-2008 was adopted upon first reading.  Ordinance 02-2008 is appended to the official minutes.

Mayor Florek read Ordinance 3-2008 for first reading, introduction.

BOND ORDINANCE PROVIDING FOR THE TOWNSHIP’S SHARE OF THE ACQUISITION OF REAL PROPERTY LOCATED AT 22 ST. JOHNS DRIVE IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $1,300,000 THEREFOR, INCLUDING $300,000 EXPECTED TO BE RECEIVED AS A GREEN ACRES GRANT, AND AUTHORIZING THE ISSUANCE OF $1,235,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

and called for a motion to adopt on first reading. Mr. Krieg so moved, Mr. Schrier seconded.

Mr. Mountain reported that this is the township’s portion of the open space purchase price of the Sisters property.

Upon a roll call vote, all present voted yes and Ordinance 03-2008 was adopted upon first reading.  Ordinance 03-2008 is appended to the official minutes.

The Governing Body approved a draft letter to be sent to the Highlands Council. 

There was a short discussion on the proposed rezoning ordinance of the Sisters’  property.  The Master Plan Subcommittee studying this rezoning has tried to come up with a set of uses appropriate to the existing buildings. The uses are Conditional Uses and any change in use would require the owner to go back to the Planning Board with a site plan.  Additionally the owner would have to assure that the building footprint is not increased from the existing footprint and that parking for any approved new use, when added to the existing uses, would conform to the total parking allowed on the site.

Mr. Mountain asked the Governing Body for comments/concerns on the proposed uses.   Mr. Cioppettini said he was not in favor of commercial office space as it would be hard to monitor expansion of the business.  Mr. Schrier agreed.  Mr. Krieg said that the commercial uses were based on the home based occupations that are permitted throughout the town and the limit on parking on the site would help to regulate the use.  Mr. Cioppettini noted that commercial offices are allowed nowhere else in Mendham Township .  Mr. Schrier was concerned that if the commercial offices are approved in this new zone it would open the door for a challenge to the Township ordinance that does not allow commercial offices elsewhere in the Town.  Mr. Krieg stated that the Planning Board Attorney Mr. Buzak has looked at this and  Mr. Schrier would like to hear from him.  Mr. Cioppettini stated that he feels that this is changing the nature of the neighborhood. 

Mr. Schrier had further concerns about the size of the sign allowed.  Mr. Krieg said that the object of the sign is so that people could see what is on the property.  Mr. Schrier would like the sign limited to 10 square feet.  Mr. Krieg said he would bring the comments back to the Planning Board.  Mr. Mountain stated that the sign could be removed from the new ordinance and it would then be subject to the existing sign ordinance.

Mayor Florek asked that a special meeting be set up to meet with the Master Plan to discuss these comments.

Mayor Florek read Resolution 2008-29 AUTHORIZING DISCUSSION WITHOUT THE  PRESENCE OF THE PUBLIC and asked for a motion to adopt.  Mr. Schrier so moved, Mr. Krieg seconded and Resolution 2008-29 was approved unanimously.  Resolution 2008-29 is appended to the official minutes.

ADMINISTRATOR’S REPORT/OPEN ITEMS

Mr. Mountain updated the Governing Body on the Emergency Services Building and presented an outline/schedule for completion of the building.  The Township is doing the site plan.  Primary Election polling  will be held in the new building if the floor situation is resolved; if not, the old fire house will be used.

TV 25 requested adding an at large representative from the Township and the Borough to the Board due to potential problems with having a quorum at meetings.  The Governing Body agreed that this was a good idea and Mr. Mountain will report this to the Borough.

CORRESPONDENCE

There was no correspondence.

LEGISLATIVE REPORT

Mr. Schrier reported on a number of bills before the Legislature:

• Mr. Schrier suggested that the Township schedule a meeting with Assemblyman. Merkt, Assemblyman  Carroll and Senator Bucco concerning a bill on binding arbitration and its effect on property taxes.
• The State has raised the recycling tax  $3.00 a ton.  This money will be distributed to the municipalities (60% to towns, 30% to counties and 10% to the State)  People will be encouraged to recycle more.
• There is a bill proposing mandates for Prosecutors – maximum workloads, minimum funding and staffing and hours.  The League of Municipalities is opposed to this and the Governing Body agreed to do a resolution in opposition.
• Municipal Libraries that are funded will now be able to give over funding back to towns.
• NJ Futures 2008 is sponsoring a redevelopment forum
• There is a bill proposing that each town be required to have a Qualified Purchasing Agent.  DCA testified in opposition.  The Governing Body agreed to do a resolution in opposition.

 HEARING PERSONS PRESENT

Upon motion duly made and seconded, Mayor Florek opened up this portion of the meeting.

Marion Koste of Ironia Road expressed her concerns over the rezoning ordinance at the Sisters Property and asked that the Governing Body seriously consider the proposed changes.

With no one else present to be heard  motion was made and seconded to close the Hearing Persons Present portion of the meeting.

At 9:09 p.m. Mr. Krieg moved to adjourn to closed session, Mr. Cioppettini seconded and the meeting moved into closed session.

At 10:06 p.m. the Governing Body returned to open session. 

After returning to Open Session, Mayor Florek called for a motion to adjourn.  Mr. Krieg so moved, Mr. Schrier seconded and the meeting adjourned at 10: 07 p.m.

.                                                                       Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Check Register Attached