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MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

 

NOVEMBER 27, 2007

 

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

 

ROLL CALL:    Present:                    Mr. Krieg

                                                            Mr. Schrier

                                                            Mr. Phelan

                                                            Mayor Florek

                       

                          Absent:                     Mr. Cioppettini          

                                                           

                          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 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 11, 2007; Notice was posted on the Bulletin Board in the Township Offices and Notice was filed with the Township Clerk on January 11, 2000.

 

APROVAL OF MINUTES

 

Upon motion of Mr. Schrier and second of Mr. Krieg, the minutes of the regular session and closed session of November 8, 2007, were approved unanimously.

 

OLD BUSINESS

 

Mayor Florek read Ordinance 13-2007 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 $535,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $318,250 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF

 

Upon motion of Mr. Phelan and second of Mr. Schrier, the Public Hearing on Ordinance 13-2007 was opened.  With no one desiring to be heard, the Public Hearing was closed upon motion of Mr. Krieg and second of Mr. Phelan. 

 

Mrs. Florek called for a motion to adopt Ordinance 13-2007.  Mr. Schrier so moved and Mr. Krieg seconded.  Upon a call of the roll, Ordinance 13-2007 was adopted unanimously.  Ordinance 13-2007 is appended to the official minutes.

 

HEARING PERSONS PRESENT

 

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

 

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

 

NEW BUSINESS

 

Mayor Florek read Ordinance 14-2007 by title for first reading/introduction:

 

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AMENDING THE SEWER SERVICE CHARGES FOR THE MENDHAM EAST WATER POLLUTION CONTROL SYSTEM

 

Mr. Schrier moved to adopt upon first reading, Krieg seconded. 

 

Mr. Mountain explained that this ordinance provides the final rate increase for Mendham East, which will go into effect the first quarter of 2008.  The utility is self-sustaining and the increase is necessary so that taxpayers not receiving this service are not asked to pay the cost of the service.  A public information meeting has been scheduled and all ratepayers have been notified.

 

Mr. Phelan asked if the affordable housing units in Mendham East were subsidized for this cost.  Mr. Mountain said no, that there is no special consideration of those units.  He said that he has spoken with some residents of the affordable housing units and while they are not happy with the increase, they understand why it is necessary and do not feel that it makes it impossible to live there.  Mr. Krieg noted that, at the ratepayers meeting, he will pay special attention to what residents of affordable units have to say about the situation.

 

Mayor Florek called for a roll call vote on Ordinance 14-2007.  All present voted yes and Ordinance 14-2007 was adopted upon first reading.  Ordinance 14-2007 is appended to the official minutes.

 

Mayor Florek acknowledged the appointment of two new firefighters to Brookside Engineer Company #1, Junior Member Jesse Mills and Regular Member Daniel Wood.  The Governing Body extended congratulations to these two new members.

 

Mayor Florek acknowledged Glen Geiger from Day Pitney, representing Mendham Golf and Tennis Club.  Mr. Geiger presented a letter he had sent to Mr. Mountain proposing that  a sub-committee be formed to meet with him and the greenskeeper at the golf club in order to discuss the maintenance issues  and possible solutions.  Mr. Geiger stated that he would like to have the maintenance procedures explained in more detail and hopefully a solution could be reached that would be amenable to all.

 

Chris Boyle, greenskeeper at the Club, was introduced to answer questions from the Governing Body.  He stated that the club has been beginning its maintenance at 6:00 a.m. and ending approximately 2:30 p.m. This has been the club’s practice for many years and the recent complaint is the only one they Club has received.  Maintenance starts at the first and 10th holes and keeps ahead of the first golfers.  Starting maintenance later forces golfers to start later. 

 

Mr. Schrier stated that the intent of this noise ordnance is to allow all residents of Mendham Township to have a quiet, peaceful morning, and does not exclude the residents who live near the golf course.

 

Mr. Geiger and Mr. Boyle spoke of using certain equipment that is quieter than other equipment, but the ordinance makes no provision for quieter equipment.  Mr. Krieg stated that at the time of adoption of this ordinance, the Governing Body members looked at state regulations.  Due to the significant measures needed to comply with those regulations, they decided not to incorporate them in the ordinance. 

 

Mayor Florek and the Governing Body asked Mr. Mountain to  form a subcommittee to meet with Mr. Geiger to look for a solution.

 

The Governing body agreed to enter into a contract with St. Hubert ’s for animal control services for the year 2008.  A resolution will be prepared for the December 10 meeting.

 

The date for the Annual Reorganization Meeting was set for January 2, 2008 at 7:00 p.m. 

 

Chief Costanza  was present to speak to complaints about truck traffic on Ironia Road .  The Police Department has a new traffic machine that was used to prepare a report about the traffic and speed on Ironia Road .  The report is attached to the official minutes.

The machine was out for 168 hours and measured traffic traveling both north and south, and speed of the vehicles.  The Department does put patrol cars out at this road from three to four times a week for up to an hour at a time. 

 

The Chief went on to say that from the information received from the machine, it appears that there are a large number of landscaping trucks that travel on Ironia Road .  Prohibiting truck traffic on Ironia Road would therefore not be a viable solution since residents want to use landscaping services.

 

Township resident Cecelia Donato, who lives on Ironia Road ,  said that she is very concerned about the volume of trucks and the speed traveled by all vehicles.  In winter people skid on the curve and slide into the curb.  She also said that the situation has worsened in the past year - it appears that people do not obey the rules of the road.

 

Chief Costanza suggested that the department continue to monitor traffic on Ironia Road for a period of approximately four months.  At that time he will return to the Township Committee and give a further report  and recommendations.

 

Mayor Florek read Resolution R2007-138 by title

 

AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

                        Contractual Issues – Emergency Services Building

                        Property Acquisition - Municipal Services Site

                        Property Acquisition – Sisters of St. John the Baptist

                        Potential Litigation

 

Mr. Phelan moved to adopt, Mr. Schrier seconded and all present voted yes.  Resolution R2007- is appended to the official minutes.

 

ADMINISTRATOR’S REPORT

Mr. Mountain reported that Verizon FIOS is in the process of installing equipment and should have TV 25 up and running on its system by the end of January or earlier.

 

Mr. Schrier had questions about production of the new talk show being readied for TV25.  He questioned whether the volunteers who are producing the show will be “owning” it.  Mr. Mountain said that there has been no decision made on this and as a member of the Cable Committee, he intends to oppose that.  If the show is going to belong to the producers, he feels that they should then be responsible for soliciting underwriting monies.  Mr. Schrier agreed that since TV25 is a public access channel, ownership of the show should belong to the people of Mendham Township just as TV25 belongs to the people.  The Committee, as a group, agreed with Mr. Schrier.

 

Mr. Krieg asked how much money is being generated for the community through the cable stations.  Mr. Mountain said it is now in the neighborhood of $20,000 - $25,000, a large increase from prior years.  He asked the Governing Body to consider how to use this revenue – whether they want to continue to use it as miscellaneous revenue in the general fund, or put it back into the station.

 

Mr. Phelan asked Mr. Mountain when new carriers would be added to the cell tower other than Verizon.  Mr. Mountain said they have a timeline on how this is to be handled, or it will be shut down.  He should have an answer in the next week. 

 

CORRESPONDENCE

There was no correspondence to discuss.

 

LEGISLATIVE REPORT

Mr. Schrier had nothing to report from the Legislature.

 

HEARING PERSONS PRESENT

Upon motion made and seconded, Mayor Florek opened this portion of the meeting.  Pat Zimmerman, 3 West Main Street , came forward to say that she, too, has concerns about the truck traffic on Main Street .  She suggested that the Police Department have variable hours to monitor traffic so that trucks will not be prepared for the presence.  She also congratulated the new members of the Fire Company and she suggested that Mrs. Donato be sent a copy of the Police report on the Ironia Road traffic.  No one else was present to be heard and Mayor Florek closed the Hearing Persons Present portion of the meeting.

 

At 8:46 p.m. Mr. Phelan moved to adjourn to closed session, Mr. Krieg seconded and the meeting moved into closed session.

 

At 9:51 p.m. the Governing Body returned to open session. 

 

Mayor Florek called for a motion to adjourn.  Upon motion duly made and seconded, the meeting adjourned at 9:52 p.m.

 

                                                                        Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Check Register Attached

                       

 

                                                           

 

 

 

 

 

 

 

 

 

 

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