MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

MAY 27, 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

                                                            Ann Carlson, Township Clerk

Mayor Florek led all in the Pledge of Allegiance.

Mayor Florek 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

Upon motions duly made and seconded, the regular session and executive session minutes of  May 12, 2008,  and the corrected special  session minutes of  March 3, 2008, were approved. 

OLD BUSINESS

Mr. Schrier inquired about having a picture taken presenting the Resolution congratulating Israel on its 60^th anniversary.  Mrs. Carlson stated that she had been contacted by an Israeli representative who would call back to make arrangements for taking the photograph.

HEARING PERSONS PRESENT

Upon motion of Mr. Schrier  and second of Mr. Krieg, Mayor Florek opened the floor to Hearing Persons Present.

George Koenig of Northgate Road discussed a proposed agricultural ordinance for the Township.  The Governing Body asked Mr. Koenig to send them a model ordinance for review.

With no one else wishing to be heard, Mr. Schrier moved to close this portion of the meeting, Mr. Cioppettini seconded and this portion of the meeting was closed.

NEW BUSINESS

Township Engineer Thomas Lemanowicz was present to give an update on the Knollwood Trail Drainage Project.  Mr. Lemanowicz reported that a parallel pipe would be placed leading from Knollwood Trail to the watercourse in the rear.    A water inlet that is now quite low and clogs easily will  be replaced.  While new regulations say there can be no more than a 2” gap in an inlet, which is good for keeping garbage out, those inlets clog easily.  He is confident that this requirement can be waived because of the drainage problem.  Additionally, the original pipe was not put in the easement that was created for it, so the Township will have to request permission from the property owner to install the second pipe. 

Mr. Mountain Introduced  Pat Zimmerman who, along with Tom Lemanowicz, would give a short presentation  on the proposed  Municipal complex Site Plan.  Mr. Mountain explained that Mrs. Zimmerman was asked to speak with residents of the neighborhood and work with the Township Engineer to come up with a plan that will be acceptable to the neighbors and meet the needs of the new Emergency Services building and existing Municipal Building .  Mr. Mountain also stated that this is in the concept stage and between this and the next meeting he should have an idea of the cost and after checking the available budget, would then be asking for approval to proceed.

Mr. Lemanowicz and Mrs. Zimmerman spoke of the parking, plantings, screening for the neighborhood, etc.  Block plantings are to be done in the parking lot to soften the large expanse of macadam.  DEP  required plantings which must be of  a native species near the river.  

Additionally, Mrs. Zimmerman gave a short report on her progress.  She made two specific requests.  One that the Township approve an eight foot high stockade fence from the Municipal Building to the east side of 4 West Main Street and continue from the west side to the border with the neighboring property.  The second request was that the Governing Body consider reducing the number of parking spaces by four in order to give greater leeway in the final site planning.

Mrs. Zimmerman’s report is appended to the official minutes.

Mayor Florek read Ordinance 07-2008 by title for first reading

AN ORDINANCE FIXING THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MENDHAM IN THE COUNTY OF MORRIS, NEW JERSEY,  and called for a motion to approve.  Mr. Cioppettini so moved, Mr. Kreig seconded.

Mayor Florek opened discussion on this ordinance.  Mr. Mountain explained that the ordinance proposes changes in  salary ranges of several positions, including Chief of Police, Lieutenant, Public Works Superintendent, Court Administrator, Public Defender and Plumbing Subcode. 

On a call of the roll, Ordinance 07-2008 was approved unanimously on first reading.  Ordinance 07-2008 is appended to the official minutes.

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

2008-74         AUTHORIZING REFUND OF TAX OVERPAYMENT

2008-75         APPOINTING SEASONAL EMPLOYEES TO

 THE DEPARTMENT OF PUBLIC WORKS

2008-76         RELEASING EXCESS CASH DEPOSIT

GOVERNOR’S ESTATES AT MENDHAM

BLOCK 145 LOT 2

2008-77         AWARDING CONTRACT FOR ASBESTOS ABATEMENT

BROOKSIDE FIREHOUSE

2008-78         ESTABLISHING SALARIES

  BROOKSIDE BEACH STAFF FOR 2008

2008-79         APPOINTING BRIAN TOWNSEND FOR THE PURPOSE OF ADDED ASSESSMENT PREPARATION AND INSPECTIONS

2008-80         OPPOSING S-1137 WHICH EXPANDS

THE SCOPE OF NEGOTIATIONS

2008-81         AUTHORIZING DISCUSSION WITHOUT THE PRESENCE

                                    OF THE PUBLIC

                                    Matters Pertaining to Personnel – 2008 Salary Report

Resolutions 2008-74 through 2008-81 are appended to the official minutes.

Mr. Schrier moved to consent to the issuance of a Special permit for Social Affairs by the Division of Alcoholic Beverage Control for Brookside Engine Company #1 for July 4, 2008 and September 7, 2008.  Mr. Krieg seconded and the request was approved unanimously.

Mayor Florek reported that there have been several complaints concerning advertising of cars for sale in front yards, excessive litter and debris on properties and in particular, building of a shed on Corey Lane to sell firewood.  She asked if it was time to consider a property maintenance code.  Mr. Mountain commented that the complaints are being handled under the current Township regulations even though there is no specific maintenance ordinance.  He recommended that the Township continue to use the ordinances already in place and if  the Governing Body wants to consider such an ordinance that it look carefully at what is to be done and how it will be enforced.  Mayor Florek and Mr. Schrier agreed that often less is more and much can be accomplished by a phone call from the Mayor.

Mayor Florek stated that a response had been received from St. Hubert ’s on the dog incident.  Mr. Cioppettini was very concerned about the way this was handled and said that he feels St. Hubert ’s has not performed to the letter of its contract.  He would like to have a representative come before the Committee.  The Governing Body agreed.

Mr. Schrier reported that the Highlands Council is proposing a small user fee to be imposed on those residents who receive water from the Highlands, but don’t live in the Highlands area.  The State legislature instead proposed a fee to all residents and to put it on a referendum.  However, the proposal has been removed from consideration.

ADMINISTRATOR’S REPORT/OPEN ITEMS

Mr. Mountain reported that there are a few remaining items to be done on the Emergency Services Building and a schedule has been set for completion.  He feels confident that the project will be completed by the end of July.  Mayor Florek questioned whether the contractor had signed a proposed agreement.  Mr. Mountain said that he has not done so yet, but payment will be held until it is signed.

Mr. Mountain reported on the progress at India Brook Park.  The contractor is moving to close the project and it should be completed by the end of June.  Mayor Florek asked if Suburban Engineers is signing off on leveling of the field and Mr. Mountain replied that they are. 

Mr. Mountain reported on two drainage issues.  He stated that he met with the homeowners and KHovnanian concerning issues at Drakewick.  The plan is being finalized and the work should be completed within six to eight weeks.  As to the drainage problem on East Main Street , he stated he is working on a plan with the homeowners and hopefully it can be done through some funds that could be redirected for an earlier project,  with new 2009 state aid, and using the Township DPW on the project.

Mr. Mountain reported that he has followed up on the Scott Pak issue with John McDonough and is waiting to hear back from him.

Mr. Krieg asked Mr. Mountain if anything more was heard concerning Meals on Wheels.  Mr. Krieg stated that he has been looking into the possibility of the meals being delivered to MASH instead of Chester , as some of the recipients live there and this would make delivery to the residents much easier.

CORRESPONDENCE

Mayor Florek reported on an obituary in the Observer Tribune on Edward Fagan who was the oldest member of the Ralston Fire Department.

Mr. Mountain received two letters concerning the Wills Cemetery in the Ralston area of the Township and asking for help with upkeep.  The Ralston Historical Society had been performing maintenance but recently nothing has been happening.  Mr. Mountain suggested that the Township provide help to get it back to a maintained state, but that new volunteers be found for upkeep.  Mr. Cioppettini volunteered to look into this.

 LEGISLATIVE REPORT

There was no report.

HEARING PERSONS PRESENT

Upon motion of Mr. Cioppettini and second of Mr. Schrier,  Mayor Florek opened the Hearing Persons Present portion of the meeting. 

Rick Blood, 32 Tingley Road , asked about progress on the joint library.  Mayor Florek said that it was her understanding that until there is a location, fundraising will not go forward.  Mr. Blood said they would like to step up fundraising this summer.

Marion Koste of Ironia Road thanked Mrs. Zimmerman for her work on the landscaping.  She also noted that the contractor at India Brook Park has been considerate and working well in the area, with little disruption to residents.  She stated that she will continue to work towards having the speed limits reduced on Ironia Road .

Mr. Mountain requested that the resolution to enter into closed session be amended to add discussion on contract negotiations at the Emergency Services Building .  Mayor Florek called for a motion to amend and readopt  Resolution 2008-81, Mr. Schrier so moved and Mr. Krieg seconded.  All present voted in favor and Resolution 2008-81 was adopted as amended.

Upon motion of Mr. Schrier  and second of Mr. Krieg, the Governing Body moved into closed session at 9:38 p.m..

The Governing Body returned to open session at 10:13 p.m.

Upon returning to open session, Mayor Florek called for a motion to adjourn.  Mr. Schrier so moved, Mr. Cioppettini seconded and Mayor Florek adjourned the meeting at 10:13 p.m.

.                                                                       Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Approved Check Register Attached