MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

APRIL 7, 2008

Deputy Mayor Phelan  called the meeting to order at 7:31 p.m. in Township Hall, Brookside , New Jersey .

ROLL CALL:    Present:                    Mr. Phelan

                                                            Mr. Krieg       

                                                            Mr. Schrier

                                                            Mr. Cioppettini

                          Absent:                     Mayor Florek

                          Also Present:           Stephen P. Mountain , Township Administrator

                                                            Christopher Falcon, Esq., Township Attorney

                                                            Ann Carlson, Township Clerk

Deputy Mayor Phelan 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

Deputy Mayor  Phelan read Ordinance 5-2008 for adoption and called for a motion to open the public hearing.

ORDINANCE TO REGULATE SOURCE SEPARATION AND RECYCLING AND AMENDING CHAPTER XXXI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM

Upon motion of Mr. Cioppettini and second of Mr. Krieg, the Public Hearing on Ordinance 14-2007 was opened.  With no one desiring to be heard, the Public Hearing was closed. Mr. Phelan called for a motion to adopt, Mr. Krieg so moved and Mr. Cioppettini seconded.  Upon a call of the roll, Ordinance 5-2008 was adopted.  This ordinance is appended to the official minutes.

Deputy Mayor Phelan read Ordinance 6-2008 for adoption and called for a motion to open the public hearing.

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION IN THE AMOUNT OF $12,500.00

FOR ADDITIONAL MASTER PLAN AND COAH WORK

Mr. Schrier requested that, prior to a public hearing, this ordinance be tabled pending receipt of grant information from the NJ Highlands Council for this proposed expenditure.  Mr. Cioppettini so moved, Mr. Krieg seconded and the public hearing was tabled to the meeting of April 22, 2008.

HEARING PERSONS PRESENT

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

George Koenig, of Northgate Road , was present to ask the Township Committee to move forward with an ordinance that supports agriculture, would set a standard for animal units per acre and  limit the impervious coverage for agriculture to 3%.  He will provide information to Mr. Mountain for this ordinance should the Town choose to go forward with it.

NEW BUSINESS

Chief Evan Thomas and President Sam Tolley, of Brookside Engine Co. #1, presented Steve G. Ferreri to be acknowledged as a  new  member of Brookside Engine Company #1.

At the request of Lieutenant Linda Brusco, all current members of the Mendham Township First Aid Squad were recognized by the Township Committee.  This roster is appended to the official minutes.

Brian Hays, Chairman of the Tree Preservation committee,  was present to ask  the Township Committee for its approval  for two trees  to be removed from a conservation area at 15 Olmstead Drive in Hovnanian Estates.  The homeowner is concerned about potential liability from damages to neighboring properties should these trees fall during a wind and/or rain event.  An outside forester who visited the property determined that both trees are at an angle that does constitute a potential danger to the neighbors.  The Township Committee agreed to the request subject to coordination of Tree Committee coordinating the removal with the tree service.

On motion of Mr. Krieg and  second of Mr. Cioppettini, the following Consent Agenda Resolutions were approved, carried by unanimous roll call vote:

2008-50         EXTENDING CONGRATULATIONS TO DAVID S. FUREY

UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

2008-52         AUTHORIZING REFUND OF TAX OVERPAYMENTS

2008-53         APPOINTING PERMANENT EMPLOYEE TO

THE DEPARTMENT OF PUBLIC WORKS

2008-54         AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

                        Matters Pertaining To:  Contract Negotiations

Resolutions 2008-50 and 2008-52 through 2008-54 are appended to the official minutes.  Resolution 2008-51 was removed from consideration and was not voted upon.

Deputy Mayor Phelan introduced Resolution 2008-55 AUTHORIZING PROFESSIONAL SERVICES AGREEMENT EARTH TECH, INC. – OPERATION AND MAINTENANCE WASTEWATER TREATMENT FACILITIES

Mr. Schrier moved to adopt, Mr. Cioppettini seconded and all present voted yes.  Resolution 2008-55 is appended to the official minutes.

Deputy Mayor Phelan introduced Resolution 2008-56 AUTHORIZING MERGER OF DEED CONTI PROPERTY/BUTTERMILK FALLS.  Mr. Krieg moved to adopt, Mr. Cioppettini seconded and all present voted yes.  Resolution 2008-56 is appended to the official minutes. 

Paul Hogan was present to request a reimbursement for fence replacement expenses at his property which is adjacent to the Ralston recreation fields.   The Township installed the original fence and Mr. Hogan took it upon himself to replace it after it fell into disrepair. The governing body members agreed that this request should have been made prior to Mr. Hogan replacing the fence, but they are willing to reimburse the cost for the portion of the fence that is the responsibility of the Township.  Future repair request must be made to the Township prior to any work being done.  In addition, the governing body did not agree to the request to pay for the cost of disposal of the old fence.  Upon motion of Mr. Schrier and second of Mr. Cioppettini, the fence request was approved unanimously, pursuant to the foregoing conditions.

Two letters from the Morris County Soil Conservation District pertaining to projects in Mendham Township were discussed.  Mr. Mountain noted that issues come up during any project, and as long as they are remedied, there is not a problem.  He has discussed these issues with the Soil Conservation District and he will monitor the progress.

Mr. Mountain brought a request for paid overtime to the governing body from Peter Fico, Municipal Prosecutor.  Mr. Fico is requesting paid overtime when he attends special court sessions.  Mr. Falcon said that since he is salaried and has a letter from the Township that is silent on the issue of extra sessions, there is no requirement to pay him.  Mr. Mountain requested that Mr. Schrier meet with Mr. Fico and explain that this is not in accordance with his agreement with the Township.

Mr. Krieg presented a resolution opposing elimination of the State Department of Agriculture, noting that the Morris County Freeholders have already passed such a resolution.  The Township Committee agreed that adoption of this resolution is in the best interest of Mendham Township .   Mr. Schrier moved to adopt RESOLUTION 2008-57, OPPOSING THE ABOLISHMENT OF THE NEW JERSEY DEPARTMENT OF AGRICULTURE, Mr. Krieg seconded and the governing body members present voted to adopt.  This resolution is appended to the official minutes.

ADMINISTRATOR’S REPORT/OPEN ITEMS

Mr. Mountain reported that he, Mr. Cioppettini and Mr. Krieg are meeting with the construction manager to lay out items of concern.  The Township is not satisfied with the workmanship and there must be a plan from the contractor to address the items.  Mr. Phelan is very dissatisfied with the performance of the construction manager on the project.

Mr. Mountain reported that he was contacted by the president of Mendham Little League.  The group would like to come before the Township committee to discuss funding a sports field at Meadowood Park .  Mr. Phelan noted that Mendham does have the four town grant to help with planning such a proposal. The governing body agreed to meet with the group, but would also like a representative from the Recreation Commission to be present.

CORRESPONDENCE

There was no correspondence.

LEGISLATIVE REPORT

There was no report.

HEARING PERSONS PRESENT

Upon motion duly made and seconded, Deputy Mayor Phelan opened  this portion of the meeting.  Pat Zimmerman, 3 West Main Street , Brookside, expressed her opinion that  the landscaping at the Emergency Services Building be done correctly, using good topsoil.     

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

The governing body decided to table the discussion scheduled for closed session to the meeting of April 22, 2008.

Upon motion duly made and seconded, Deputy Mayor Phelan adjourned the meeting at 9:10 p.m.

.                                                                       Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Check Register Attached