MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

JULY 7, 2008

Deputy Mayor 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 (arrived at 7:30 p.m.)   

                                                            Mr. Cioppettini

                          Absent:                     Mayor Florek

                          Also Present:           Stephen P. Mountain , Township Administrator

                                                            Brent Carney, Esq.

                                                            Ann Carlson, Township Clerk

Deputy Mayor Phelan led all present in the Pledge of Allegiance.

Deputy Mayor Phelan 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 and June 27, 2008; Notice was posted on the Bulletin Board in the Township Offices and Notice was filed with the Township Clerk on January 4, 2008 and June 27, 2008.

At 7:01 p.m. Deputy Mayor Phelan read Resolution 2008-99 AUTHORIZING DISCUSSION  WITHOUT THE PRESENCE OF THE PUBLIC and called for a motion to adopt.  Mr. Schrier moved to adopt, Mr. Krieg seconded and upon unanimous voice approval the Township Committee adjourned to closed session.

This resolution is appended to the official minutes.

At 7:31 p.m. the Township Committee returned to open session. 

APROVAL OF MINUTES

Deputy Mayor Phelan called for a motion to approve the minutes of the Regular and Executive Sessions of June 24, 2008.  Mr. Schrier so moved, Mr. Krieg seconded and the minutes were approved by unanimous voice vote.

OLD BUSINESS

Deputy Mayor Phelan called for a motion to open the Public Hearing on Ordinance 9-2008  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”.  Mr. Krieg so moved, Mr. Schrier seconded.  Deputy Mayor Phelan opened the public hearing and no one present wished to be heard.  Deputy Mayor Phelan called for a motion to adopt Ordinance 9-2008.  Mr. Krieg so moved, Mr. Cioppettini seconded and upon a call of the roll, all present voted in favor of adoption.  This ordinance is appended to the official minutes.

ADOPTION OF 2008 MUNICIPAL BUDGET

The 2008 Municipal Budget was approved by the Township Committee on June 9, 2008.  A summary of the budget was published in the Daily Record on June 20, 2008.  Copies of the budget were made available for public inspection in the Morris County Library, the Mendham Township Library and in the Township Clerk’s Office.

Deputy Mayor Phelan called for a motion to open the Public Hearing on the 2008 Budget.  Mr. Schrier so moved, Mr. Krieg seconded and the Public Hearing was opened.  With no one wishing to be heard, the Public Hearing was closed.

Mr. Krieg congratulated Mr. Phelan and the Finance Committee for doing a good job with this year’s budget, especially in light of the increase in taxes that he sees in neighboring communities.

Deputy Mayor Phelan called for a motion to adopt Resolution 2008-100 AMENDING INTRODUCED BUDGET.  Mr. Krieg so moved, Mr. Schrier seconded.  Upon a voice vote, all present voted in favor and Resolution 2008-100 was adopted.  This resolution is appended to the official minutes.

Deputy Mayor Phelan called for a motion to adopt Resolution 2008-101 ADOPTION OF 2008 MUNICIPAL BUDGET.  Mr. Krieg so moved, Mr. Phelan seconded.  A roll call vote was taken as follows:

            Mr. Phelan                  yes

            Mr. Krieg                    yes

            Mr. Schrier                 yes

            Mr. Cioppettini           yes

            Mayor Florek             Absent

Resolution 2008-101 ADOPTION OF 2008 MUNICIPAL BUDGET was adopted and is appended to the official minutes.

HEARING PERSONS PRESENT

Deputy Mayor Phelan called for a motion to open the meeting to the public.  Upon motion of Mr. Krieg and second of Mr. Schrier the meeting was opened to the public. 

Thomas Timpson, 22 East Main Street , was present to ask that a poster hanging in the hallway of the Municipal Building be replaced.  He stated that while doing a film for the Historic Preservation Committee he had occasion to bring visitors to the building and he and the visitors were bothered by the graphic on the poster and felt that it was racist in nature. 

The Governing Body members viewed the poster and Mr. Phelan noted that it was from the New Jersey Department of Education.  The poster was removed and Mr. Schrier asked that the Township request an updated poster from the Department.

With no one else present to be heard and upon motion duly made a seconded, this portion of the meeting was closed.

NEW BUSINESS

Mr. Phelan announced that application forms have been received for four new members of the Mendham Township First Aid Squad.  Captain Vincent Reilly was present to address any questions from the Governing Body.  Mr. Krieg stated that he is happy to see the new members and the Governing Body members agreed. 

Deputy Mayor Phelan asked Mr. Mountain about the India Brook Park update.  Mr. Mountain stated that the project is moving along positively and although there are still items left to be completed, the list is small and he is confident that the contractor will complete everything satisfactorily.

ORDINANCE INTRODUCTION

Mr. Phelan read Ordinance 9-2008 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,535,574 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,094,250     BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF and called for a motion to adopt.  Mr. Cioppettini so moved, Mr. Schrier seconded.  There was no discussion and upon a call of the roll, Ordinance 9-2008 was approved.  This ordinance is appended to the official minutes.

Deputy Mayor Phelan read resolution 2008-102 ADJUSTING THE SALARY OF MARIE KENIATAX COLLECTOR/ASSISTANT FINANCE OFFICER

UPON CERTIFICATION AS CERTIFIED MUNICIPAL FINANCE OFFICER and called for a motion to adopt.  Mr. Krieg so moved and Mr. Schrier seconded.  Mr. Mountain noted that Ms. Kenia had worked diligently to complete the courses for certification.  The Governing Body members congratulated Ms. Kenia on her accomplishment.  Upon a call of the roll, Resolution 2008-102 was adopted unanimously.  This resolution is appended to the official minutes.

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

2008-103       AUTHORIZING REFUND OF TAX OVERPAYMENTS

2008-105       APPOINTING SEASONAL EMPLOYEES TO

                                                THE DEPARTMENT OF PUBLIC WORKS

2008-106       AUTHORIZING EXECUTION OF GRANT OF CONSERVATION RESTRICTION/EASEMENT – NJDEP   BLOCK 107 LOT 1     

2008-107       ESTABLISHING SALARIES FOR OFFICERS AND EMPLOYEES OF THE TOWNSHIP FOR THE YEAR 2008

Mr. Schrier asked that Resolution No. 2008-104 AUTHORIZING REFUND OF PERMIT FEE be removed from consideration.   Mr. Schrier had questions concerning the amount of the refund.  Mr. Schrier was not in favor of the Township retaining the plan review fee, stating that in past cases the full amount of the permit fee had been refunded.  Mr. Krieg stated that since work was done on the permit the Township should charge for the work that was done.  Resolution 2008-104 was removed from consideration and tabled to the next meeting.

Resolutions 2008-103 and 2008-105  through 2008-107 are appended to the official minutes.

DISCUSSION

Mr. Mountain reported that Mayor Florek wanted the Governing Body members to consider canceling the August 11, 2008, meeting since there may not be a quorum at the meeting.  Deputy Mayor Phelan said he would be available and he felt the meeting should be held.  There was no decision to cancel the meeting.

ADMINISTRATOR’S REPORT/OPEN ITEMS,

Mr. Mountain reported that he is exploring options to update the Township web page, hoping to take advantage of new technology and eliminate the need for a local webmaster.

Mr. Mountain reported that the closing on the Sisters project took place on Tuesday, July 1, in great part due to the work of the Trust for Public Land .  He stated that he has thanked Rich Hehmeyer on behalf of the Governing Body. The Sisters are still working with the purchaser trying to finalize the purchase of the remaining parcel of land.  He further reported that he is trying to come to an arrangement with the Sisters to share the services of the maintenance man currently at the property, but for some reason the Sisters are not amenable to the arrangement.  He will continue to pursue this course of action and if not successful, will look for an inexpensive way to maintain the property.

Deputy Mayor Phelan stated that there may be some open issues relative to Brookside Engine Company #1 and he is recommending that the Fire commission with the assistance of Mr. Schrier and Mr. Cioppettini review those  issues, as well as current issues relative to the SCBA tanks,  with Mr. Mountain. 

CORRESPONDENCE

Mr. Schrier reported that he had a request from Brian Boden to speak with the County and ask for guard rails along Route 24  at the two bridges near the Ralston Cider Mill.  Mr. Boden would like to have guard rails so the public is separated from the traffic on Route 24. Mr. Schrier noted that he wanted to bring this to the Township Committee before he took it to the County.  Deputy Mayor Phelan said he would like to invite Mr. Boden and Mr. Nadaskay to a meeting to discuss the situation.

LEGISLATIVE REPORT

Mr. Schrier stated that the Governor signed the State budget of $32.9 billion  into law at the end of June.  It  reduces overall spending by $600 million.  It also cuts municipal aid to certain cities and towns, cuts charity care to hospitals, cuts homeowner rebates, decreases the State workforce by 3000 workers and eliminates the Department of Personnel.  It was passed along partisan lines and adds $4 billion in new debt that will burden the state for years to come.

Mr. Krieg noted that the budget includes $3.9 billion dollars for school construction that is totally unfunded.  The Governor has proposed that all future debt beyond this has to be approved by the taxpayer, but this $3.9 billion dollars on top of the $32.9 billion is not a tax cut

HEARING PERSONS PRESENT

Upon motion of Mr. Schrier and second of Mr. Cioppettini,  Deputy Mayor Phelan opened the Hearing Persons Present portion of the meeting.  Pat Zimmerman of West Main Street, Brookside, commented on the State Budget saying that she heard two of the women who were responsible for this budget talking about the additional $4 billion school funding They were asked why they did not bring this up for a public vote as the Governor recommended and they said they were afraid it would be refused.

Upon motion of Mr. Schrier and second of Mr. Krieg, Deputy Mayor Phelan adjourned the meeting at 8:26 p.m.

                                                                        Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Approved Check Register Attached