MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

JUNE 24, 2008

Mayor Florek called the meeting to order at 7:00 p.m. in Township Hall, Brookside , New Jersey .

ROLL CALL:    Present:                    Mr. Phelan

Mr. Krieg

Mr. Schrier    

                                                            Mr. Cioppettini

                                                            Mayor Florek

                          Also Present:           Stephen P. Mountain , Township Administrator

                                                            Christopher Falcon, Esq., Township Attorney

                                                            Ann Carlson, Township Clerk

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.

At 7:01 p.m. Mayor Florek read Resolution 2008-98 AUTHORIZING DISCUSSION  WITHOUT THE PRESENCE OF THE PUBLIC and called for a motion to adopt.  Mr. Schrier moved to adopt, Mr. Cioppettini seconded and upon unanimous voice approval the Township Committee adjourned to closed session.

This resolution is appended to the official minutes.

At 7:35 p.m. the Township Committee returned to open session. 

Mayor Florek read Resolution 2008-92

EXTENDING CONGRATULATIONS TO THE MENDHAM MAGIC TRACK TEAM and called for a motion to adopt.  Mr. Krieg so moved, Mr. Schrier seconded.  All present voted yes and Resolution 2008-92 was adopted by unanimous voice vote.  This resolution is appended to the official minutes. 

Mayor Florek led all present in the Pledge of Allegiance.

Mayor Florek introduced Jamie Button, 10 Glenbrook Drive , and newly elected member of the Regional Board of Education.  Mr. Button reported that on June 23, 2008, he attended his first board meeting since being elected.  He stated that forty-one motions were before the board and he was the only member present who did not vote yes on all forty-one of the motions.

Mayor Florek opened discussion on a request from Dr. Pat Grob, 10 Olmstead lane, to put a pool fence in a conservation easement.  Township Engineer Tom Lemanowicz displayed the lot development plan for this property and further explained his correspondence on the request.  Mr. Lemanowicz reported that the water line easement on the property serves the Webber residence that fronts on Mendham Road .   The conservation easement occupies the same space as the water line easement.  The original information submitted to the Governing Body did not clearly represent the location of these easements on the property.  Dr. Grob was present and stated that he was unaware that the water easement was also a conservation easement.  His intent is to place his fence on the property line for appearance sake and he will not actively use that portion of the property.  He is aware that he must fence his pool, the placement of the fence is in question.  Mr. Phelan noted that if Dr. Grob were to place the fence where the Township suggests that he place it, there is no need to get permission from the Township Committee.  Mr. Falcon told Dr. Grob that no matter what the Township Committee was to decide, he must also get permission from the water line easement holder.  If he cannot get that permission, the Township Committee could be of no help to him.  He further reported that in consulting with the professionals who wanted these easements in the subdivision approval process, they feel that the easements should not be given up easily.  Mr. Falcon will do more fact finding and report at a later date.  Dr. Grob will pursue permission from his neighbor.

Mayor Florek introduced Andrew Holt of Suburban Consulting Engineers who was present to give an update on the India Brook Park field.  Mr. Holt reported that the majority of the improvements are completed and Suburban will continue to prod the contractor to complete the remaining items.  He presented the timeline for the project – the contract was order in July with  a groundbreaking  in September. The project was to have been completed in December, but with the onset of winter, it was agreed to defer some of the more critical items to the spring, April 15.  June 1 was the contract completion date, but as of June 20 the work was not complete.  A notice was issued to the contractor and at this time Mr. Holt anticipates that it will probably be four to six seeks more time to completion.  Mr. Holt stated that if the contractor is unresponsive they will move on the bond.  Mr. Mountain noted that from an administrative standpoint he is not concerned. 

Susan Kimball was present to give an update on the Final Adopted and Proposed Amendments to COAH Rules.  Mrs. Kimball gave a detailed report to the Governing Body that is attached to the official minutes. 

Mr. Lemanowicz was also present for the COAH discussion.  He presented  an updated Township Build-Out Analysis which is also attached to the official minutes.  Mrs. Kimball stated that the deadline for submitting a COAH plan to the state is December 31, 2008, which would be a difficult task to accomplish.  She also stated that should the Township decide to opt out of COAH at this time, it could still submit a plan at a later date. 

Mayor Florek recognized Sam Tolley of Brookside Engine Company #1 who was present to introduce three new members to the Governing Body.  Those members are Sean Kumpf, Kyle Wood and Samuel Blaettler.

APROVAL OF MINUTES

Upon motions duly made and seconded, the regular session and executive session minutes of June 9, 2008, were approved. 

OLD BUSINESS

There was no Old Business.

HEARING PERSONS PRESENT

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

Marion Koste of Ironia Road asked Mr. Lemanowicz if the revised number of buildable lots for the Township took Open Space properties into account.  Mr. Lemanowicz said yes, it did.

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

NEW BUSINESS

Mayor Florek read Ordinance 8-2008 AN ORDINANCE AMENDING ORDINANCE 7-2008 “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. Schrier so moved, Mr. Cioppettini seconded.  Mr. Mountain noted that some salaries on the original ordinance will exceed the maximum range for the position and those ranges must be amended.  Mr. Phelan had a question on whether the Fire Official salary listed was for the combined positions of Fire Official and Fire Sub-code Official.  Mr. Mountain said that this salary was for the single position of Fire Official and the ordinance will now show salary ranges for both positions.

Upon a call of the roll, Ordinance 8-2008 was approved upon introduction.  This ordinance is appended to the official minutes. 

Mayor Florek read Resolution 2008-93 HONORING FOUND MEMBER OF RALSTON FIRE COMPANY – EDWARD J. FAGAN and called for a motion to adopt.  Mr. Schrier so moved, Mr. Krieg seconded and all present voted in favor.  Resolution 2008-93 is appended to the official minutes.

Mayor Florek read Resolution 2008-94 CERTIFICATION OF ANNUAL AUDIT and called for a motion to adopt.  Mr. Schrier so moved, Mr. Krieg seconded.

Mayor Florek introduced Township Auditor Kathy Mantell and Township Finance Officer Jeffrey Theriault, who were present to discuss the 2007 Audit.  Ms. Mantell stated that the work done in the Township is exemplary and only two recommendations were made.  One was regarding separation of duties in the Finance Office, which is difficult with the limited number of employees in the Finance Department.  The second recommendation was regarding the collection of fees in the Police Department.  Mr. Theriault reported that there had been improvement in 2007.

Upon a call of the roll, Resolution 2008-94 was approved unanimously and it is appended to the official minutes.

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

2008-95         GRANTING PERMISSION FOR PUBLIC DISPLAY OF FIREWORKS – SUNRISE LAKE – SATURDAY, JULY 5, 2008

2008-96         AUTHORIZING REFUNDS – STATE TAX APPEALS

2008-97         AUTHORIZING DISCUSSION WITHOUT THE PRESENCE

                                    OF THE PUBLIC

                                    Matters Pertaining to:

Personnel – Prosecutor’s Special Session Proposal

Contracts – Emergency Services Building

Resolutions 2008-95 through 2008-97 are appended to the official minutes.

DISCUSSION

Meadowood Park

Mr. Mountain stated that Little League went to the Planning Board as requested by the Township Committee.  The Planning Board passed a resolution with  conditions that Little League revises the plans to address the need for additional parking, need for drainage, means of approaching the drainage associated with the field and access road, and the need for a gate at the access point to preclude individuals from driving up.  Little League is still developing these plans and is not yet ready to bring them back to the Township Committee.  Mayor Florek stated that the Township Committee from a general matter of protocol, neglected to notify Open Space and the Environmental Commission on this plan.  Mr. Mountain noted that the original decision was to not request a public hearing at the Planning Board, which is within the legal framework.  However, no final decision has been made and there is still an opportunity to consult with those groups and get the benefit of their input. 

Cars for Sale

Mayor Florek reported that there are a number of cars for sale sitting on Route 24, and throughout the town.  Chief Costanza, in a memo, reported that there is no ordinance against this practice and there is not much that can be done.  Mayor Florek requested that Mr. Falcon look in to this and report back.

Volunteer Appreciation Day

Mayor Florek asked the Governing Body members for their thoughts on holding a Volunteer Appreciation Day.  All agreed that this is a good idea and the Mayor asked Mrs. Carlson to move forward with plans.

ADMINISTRATOR’S REPORT/OPEN ITEMS,

Mr. Mountain asked that the discussion on additional help for Administration be moved to closed session.  Mr. Falcon stated that Resolution 2008-97 must be amended to reflect this request.  Mr. Krieg moved to amend Resolution 2008-97 to included discussion on administrative assistance for Mr. Mountain, Mr. Cioppettini seconded and all present voted yes.  Resolution 2008-07 was so amended.

CORRESPONDENCE

There was no correspondence.

LEGISLATIVE REPORT

There was no Legislative report.

HEARING PERSONS PRESENT

Upon motion of Mr. Krieg and second of Mr. Cioppettini,  Mayor Florek opened the Hearing Persons Present portion of the meeting.  Pat Zimmerman of West Main Street , Brookside, commented on the proposed ball field at Meadwood Park .  She feels that it would be a dramatic change and she thinks that it is currently a good spot for families.

Marion Koste of Ironia Road also commented on Meadowood Park .  She questioned why a field was needed and would like to see the big picture before another park is developed into an athletic field.

With no one else present to be heard, Mayor Florek closed this portion of the meeting. 

Upon motion of Mr. Schrier and second of Mr. Cioppettini, the Governing Body moved into closed session at 9:40 p.m..

The Governing Body returned to open session at 10:08 p.m. and upon motion duly made and seconded, the meeting was adjourned.

.                                                                       Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Approved Check Register Attached