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MINUTES OF THE REGULAR MEETING OF THE TOWNSHIP COMMITTEE OF THE SEPTEMBER 25, 2007 Mayor Florek called the
meeting to order at 7:33 p.m. in Township Hall, ROLL CALL:
Present:
Mr. Phelan
Mr. Krieg
Mr. Schrier
Mr. Cioppettini
Mayor Florek
Also Present:
Christopher Falcon, Esq., Township Attorney
Ann Carlson, 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, 2007. Mayor
Florek welcomed Bobbi Kolton to receive a proclamation declaring October as
Breast Cancer Awareness Month in The
members of the Mendham Township Little League Girls Softball 9/10 Championship
Team were present to receive a proclamation and certificates of recognition for
each of its members in recognition of their championship season. APPROVAL
OF MINUTES Mr.
Schrier moved to approve the minutes of the Special Meeting of August 30, 2007.
Mr. Phelan seconded. Mr.
Krieg and Mr. Cioppettini abstained from the vote.
Mr. Schrier, Mr. Phelan and Mayor Florek approved. Mr.
Krieg moved to approve the minutes of the regular and executive sessions of
September 10, 2007. Mr. Cioppettini
seconded. Mayor Florek abstained,
all other Governing Body members approved. September
25, 2007 OLD
BUSINESS Prior
to the second reading of Ordinance 12-2007, Mayor Florek commented about a
comment received from Raymond Sullivan, a Mr.
Tolley of the Planning Board was present and a discussion ensued about the
intent of the ordinance and the options available to the Governing Body.
Mr. Tolly stated that the Planning Board has worked on this ordinance for
a number of years and is very comfortable with the ordinance as written.
Mr.
Phelan and Mr. Cioppettini had concerns about whether any of the properties
would continue to be nonconforming even with approval of this ordinance, and how
these properties would be affected should they be destroyed and have to be
rebuilt. Mayor Florek, too,
questioned whether in the interests of those who may be unable to alter their
properties without Board of Adjustment Approval, this should be send back to the
Planning Board. Mr.
Tolley again stated that the Planning Board had tried to address everything
possible to help the residents of the Woodland Lake Community and that the
residents, too, were satisfied with the ordinance as written.
The meetings held concerning this ordinance were publicized and no
concerns were brought to the Board concerning this issue. At
this time, members of the Woodland Lake Community were present and in order to
hear from them, Mr. Schrier made a motion to open the discussion to the public
on the issue of amending the ordinance. Mr.
Phelan seconded and the Mayor opened this discussion to the public. Cheryl
Newman, who identified herself as part of the governance committee formed by September
25, 2007 and
listening to his reasoning at that time, but for now to go forward with the
ordinance as is. There
was some discussion that Mr. Sullivan had mistakenly assumed that some of the
homes on the border of community
and that his comments were in reference to those homes.
Ron
Cohen, Upon
motion of Mr. Krieg and second of Mr. Schrier, this portion of the discussion
was closed to the public. Mr.
Schrier made a motion to proceed with the Public Hearing on Ordinance 12-2007 as
written, Mr. Krieg seconded. The
Roll Call vote was as follows:
Mr. Phelan
no
Mr. Kreig
yes
Mr. Schrier
yes
Mr. Cioppettini
no
Mayor Florek
yes Mayor
Florek opened the Public Hearing on Ordinance 12-2007.
Mr.
Phelan reiterated his position that in the public interest, the ordinance be
remanded back to the Planning Board. He
and Mr. Cioppettini both had concerns that should a home be destroyed, the
homeowner would have to appear before the Board of Adjustment and possibly face
opposition to rebuilding. He again asked Mr. Falcon to explain options.
Mr. Falcon stated that the Governing Body could hear Mr. Sullivan and if
the Committee sees merit in what he is suggesting, the Committee could
then formulate the ordinance to be referred back to the Planning Board.
This is the recommendation of both Mr. Phelan and Mr. Cioppettini. Cheryl
Newman noted that as the spokesperson for No
one else present wished to be heard and Mr. Schrier moved to close the public
hearing on Ordinance 12-2007. Mr.
Krieg seconded, all present were in favor and the public hearing was closed. September
25, 2007 Mr.
Schrier moved that Ordinance 12-2007 be adopted as written, Mr.
Krieg seconded. Upon a call of the
roll, the vote was as follows:
Mr. Phelan
no
Mr. Kreig
yes
Mr. Schrier
yes
Mr. Cioppettini
no
Mayor Florek
yes Ordinance
12-2007 was adopted as written and is appended to the official minutes. HEARING
PERSONS PRESENT Upon
motion of Mr. Schrier, second of Mr. Krieg, Mayor Florek opened the meeting to
anyone present wishing to be heard. With no one wished to be heard,
Mr. Schrier moved to close the open portion of the meeting, Mr. Krieg
seconded and Mayor Florek closed the Hearing Persons Present portion of the
meeting. NEW
BUSINESS Mayor
Florek read Resolution R2007-123 approving the 2006 LOSAP Eligibility List.
Mr. Mountain explained that the LOSAP program is a length of service
award that creates a small deferred compensation program for volunteers.
Volunteer services monitor their members for eligibility and, at the end of each
year, certify a list of members eligible to receive the award.
Members may choose not to participate, however, the Township is mandated
to keep track of the eligibility status of the members and provide a retroactive
payment should they choose to enroll at a later date.
Mr. Phelan had concerns about eligibility of some of the members listed.
Mr. Mountain suggested that since the certified lists were received, the
Governing Body go forward with the resolution now so as not to hurt those that
are eligible. The
Governing Body requested a copy of the Ordinance concerning membership
eligibility in the Fire Department, as well as a copy of the LOSAP Ordinance. Upon
a motion to adopt by Mr. Phelan and second by Mr. Cioppettini, Resolution
R2007-123 was approved. The Roll
Call vote was as follows:
Mr. Phelan
Yes
Mr. Krieg
Yes
Mr. Schrier
Yes
Mr. Cioppettini
Yes
Mayor Florek
Yes September
25, 2007 Resolution
R2007-123 is appended to the official minutes. Resolution
R2007-124, addressing enforcement of Mayor
Florek read Resolution R2007-125 appointing Ann Carlson Township Clerk.
Mr. Krieg moved to adopt, Mr. Phelan seconded, and upon a call of the
roll, Resolution R2007-125 was adopted unanimously.
This resolution is appended to the official minutes. Mayor
Florek read Resolution R2007-126 Authorizing Discussion Without the Presence of
the Public to discuss, Contracts, Library Personnel and
Property Acquisition. Mr.
Cioppettini moved to approve, Mr. Phelan seconded, and all present voted in
favor. Resolution R2007-126 is
appended to the official minutes. Mr.
Mountain presented a request for a refund of interest on taxes, explaining that
the individual requesting the refund did not fully read the information at the
time he signed up for the program. Consequently,
he thought his third quarter taxes were included in his new program, when in
fact, the program did not take effect until the fourth quarter.
When he got his delinquent notice, he paid immediately, and is now
requesting a refund of the interest charge.
The Governing Body agreed to the refund and a resolution will be prepared
for the next meeting. Mayor
Florek reported that she received a
call from Mayor Dennis Verbaro of Chester Borough, asking for her mayoral
endorsement of Turf Field fundraising.
The Governing Body had concerns about its involvement in the
fundraising and further, had questions about the fields and maintenance in the
future. Mr. Phelan suggested that a
presentation be given by Michael Salerno, the volunteer in charge of the Turf
Field Initiative, addressing costs
and funding. Mr. Mountain will get
back to the group asking for more information and inviting them to attend a
meeting. Mr.
Phelan reported that Mendham has an
agreement with the Mayors of the
Chesters and the Borough, to support a study for recreational facilities for all
four towns – based upon receipt of a grant.
Mr. Mountain reported that our grant application was being held waiting
for a resolution from Chester Borough, but the resolution has been received and
the four towns should be hearing something very soon. Also
under New Business, Mr. Krieg questioned the rights of an ASPCA counselor and
whether ASPCA has more jurisdiction than the Township in September
25, 2007 matters
of animal rights and protection. He
said he was made aware of the case of were
cited for cruelty and the animal removed from their home and euthanized.
He and Mr. Schrier stated their outrage that such a situation could occur
and then be widely publicized as animal cruelty on the part of the owner.
Mr. Schrier stated that he attempted to speak with this counselor and no
one would take his call. Mayor
Florek asked Mr. Falcon to look in to this matter and report back to the
Governing Body. ADMINISTRATOR’S
REPORT Mr.
Mountain reported that the Emergency
Communications – the tower is up and functioning in Mr.
Mountain also reported that additional staffing has been added at the County and
the issues on quality of the dispatching and general procedures have been
addressed and the result has been very positive. Municipal
Facility Planning report Update – Mr. Mountain will have a final meeting with
the planner, and expects a report from him in early October, with a presentation
at the second meeting in October. Mr.
Phelan noted that one of the recommendations may be that the Police Department
remains at this site and he questioned what impact it would have on parking at
this site. Mr. Krieg stated that if
the Police Department is to remain, the other facilities will more than likely
be moved. Mayor Florek asked that
Mr. Mountain clarify this with the planner. September
25, 2007 Mr.
Mountain talked of the first meeting on November 9, noting that he will not be
available for the meeting. Mayor
Florek also noted that the 9th is a problem, with Some
Governing Body members not being
available for the meeting. Mr.
Mountain will check the dates and try to re-schedule the meeting.
Additionally, the first November meeting will be on November 7, due to a
conflict with the Veterans’ Day holiday. Mr.
Mountain will contact the Governing Body members about meeting dates. OPEN
ITEMS LIST Mr.
Mountain noted that scheduling of the dye test at Drakewick is still waiting for
a significant rainfall. Also, the
Knollwood Trail DEP application has been submitted. CORRESPONDENCE Correspondence
was received from the Planning Board stating that with respect to a request made
by Michael Catania, on behalf of Schiff, to modify or eliminate the condition in
the Planning Board resolution requiring that Title 39 be applicable with regard
to certain traffic control activities on the site, the Board
sees no reason to modify its position.
Mr. Mountain explained that Schiff is not opposed to the application of
Title 39, but rather is concerned with the costs involved.
He will send correspondence to the Planning Board stating that he is
working with Schiff to resolve the issue. The
Trustees of the Ralston Cider Mill advised that in 2006
a grant in the amount of $117,702 was received
and in 2007 a grant of in the
amount of$100,000. The expected
completion date is September 24, 2009. The
Morris County Agriculture Development Board is considering farms for
preservation. LEGISLATIVE
REPORT Mr.
Schrier noted that the legislature has not met for the summer and will not meet
again until December. HEARING
PERSONS PRESENT Upon
motion of Mr. Krieg, second of Mr. Phelan, Mayor Florek opened this portion of
the meeting to anyone present wishing to be heard.
Patricia Zimmerman, September
25, 2007 she
would be interested in the progress of the study on the municipal facilities, as
she had come to the Township with two different properties, trying to persuade the
Township to purchase them. Those
properties were Hope Farm and Ko. Mr.
Schrier agreed that those were fine properties, but the projected costs of
maintenance
and rehabilitation of the mansion building were too high to consider.
Mrs. Zimmerman stated that it distresses her to see so much trying to be
squeezed into the small space here at this site.
With no one else wishing to be heard, Mr. Krieg moved and Mr. Cioppettini
seconded, and Mayor Florek closed this portion of the meeting. At
9:17 p.m., Mayor Florek moved that the Governing Body go in to Closed Session.
Mr. Krieg seconded, all were in favor. The
Governing Body returned to open session at 9:36 p.m. and upon motion of
Mr. Krieg, second of Mr.
Cioppettini, and all present voting yes, Mayor Florek adjourned the meeting.
Respectfully submitted,
Ann L. Carlson, RMC
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