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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

April 24, 2007

 

Mayor Florek called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

 

ROLL CALL                           Present:         Mayor Florek, Mr. Phelan, Mr. Schrier,

Mr. Krieg, Mr. Cioppettini

 

                                                 Absent:         

 

                                       Also Present:          Stephen P. Mountain , Township Administrator

Christopher Falcon, Esq., Township Attorney

                                                                        Penny Newell, Township Clerk

 

SALUTE TO THE FLAG

 

Mayor Florek read the following statement:

 

STATEMENT OF ADEQUATE NOTICE:  “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 Township Offices and Notice was filed with the Clerk on January 11, 2007.”

 

APPROVAL OF MINUTES  - .April 9, 2007 – Mr. Schrier made a motion to approve these minutes as written; Mr. Phelan seconded the motion.

 

Mayor Florek pointed out that her request of the WMRHS District Business Administrator to follow up on her inquiry of whether the NJSCC is ensuring the availability of funds for the school projects and that Mr. Pechanec indicated he would follow up and respond to Mayor Florek’s inquiry, should be added to New Business item #2: Presentation by members of the WMRHS Board of Education of their proposed 2007-2008 budget

 

ROLL CALL – All present voted YES.

 

OLD BUSINESS

 

1.  Mr. Schrier asked for any update on the performance of the County emergency dispatch system.  Mr. Mountain said the overall transition went very well with some service issues being worked out.  Chief Costanza was asked to comment.  He said the actual transition went well; however there are some critical issues regarding the walkie-talkies and car radios.  His concern is if the Chester tower does not work there will be a major problem.  He is also concerned with the mechanics of the system, noting that there were four critical incidents since the transition to the County.  Mr. Phelan asked what kind of plan could be put in place until the antenna is in place.  Chief Costanza said they are relying on other cars to pick up the frequency.  Mr. Phelan asked why the existing tower can’t be used as a contingency plan.  The Chief said because the walkies are on ultra-high band they would have to carry three radios and that is not practical.  Mr. Mountain said the overall use of Washington Township as a potential backup is being discussed..  The Chief said he is confident the system will work with the Chester antenna.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.  No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

NEW BUSINESS

 

1.  Ordinance 7-2007 – First Reading

 

bond ordinance providing for various capital improvements of the township of mendham, in the county of morris, new jersey, appropriating the aggregate amount of $1,085,500 therefor and authorizing the issuance of $655,100 bonds or notes of the township to finance part of the cost thereof

 

Mr. Krieg pointed out that the capital appropriations in this ordinance are slightly lower than previous years.

 

Mr. Cioppettini made a motion to adopt Ordinance 7-2007 upon first reading with second reading and public hearing to be scheduled for May 14, 2007; Mr. Schrier seconded the motion.          

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 7-2007 is attached hereto and made a part hereof.

 

2.  Resolution R2007-59

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

 

            WHEREAS, it is deemed appropriate that the Township Committee discuss the matters hereafter mentioned without the presence of the public in accordance with the provisions of R.S. 10:412b, being section 7b of the Open Public Meetings Act.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

 

Matters relating to:

 

[x]  contract / Emergency Services Building Exhaust System

[x]  acquisition of property / Municipal Facility / Joint Library / Open Space Trust

               

shall be discussed by the Township Committee without the presence of the public.  It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

 

Mr. Schrier made a motion to adopt R2007-59; Mr. Cioppettini seconded the motion.

 

ROLL CALL – All present voted YES.

 

3.  Resolution R2007-60

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING REFUND OF TAX OVERPAYMENT

 

            WHEREAS, a tax overpayment has been made on a certain property in the Township of Mendham ;

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Treasurer be, and is hereby, directed to refund the following amount as indicated:

 

Block/Lot                                             Property Owner                                  Amount

118/41                                                 Fahey & Fahey Trust Account            $379.41

 

Mr. Phelan made a motion to adopt R2007-60; Mr. Cioppettini seconded the motion.

 

ROLL CALL – All present voted YES.

 

4.  Resolution R2007-61

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING REDEMPTION OF TAX SALE CERTIFICATE #06-001T

 

            WHEREAS, Tax Sale Certificate #06-001T assessed to Lot 14 in Block 116 is held by US Bank Custodian-MD Sass/Wachovia; and

 

            WHEREAS, the above mentioned Tax Sale Certificate has been redeemed in the amount of $148,170.99 which amount includes principal and premium.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Tax Collector be, and is hereby directed, to refund the amount of $148,170.99 to US Bank Custodian – MD Sass/Wachovia.

 

Mr. Schrier made a motion to adopt R2007-61; Mr. Cioppettini seconded the motion.        

 

ROLL CALL – All present voted YES.

 

5.  Resolution R2007-62

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE REFUND OF BUILDING PERMIT FEE COLLECTED IN ERROR

 

            WHEREAS, a fee in the amount of $456.00 was collected from East Rutherford Roofing Co., Inc.; and

 

            WHEREAS, the property for which the permit was sought is located in the Borough of Mendham.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that the payment in the amount of $456.00 be refunded to East Rutherford Roofing Co., Inc.

 

Mr. Phelan made a motion to adopt R2007-62; Mr. Krieg seconded the motion.

 

ROLL CALL – Mr. Krieg, Mr. Phelan, Mr. CIoppettini and Mayor Florek voted YES.  Mr. Schrier voted NO.

 

6.  Resolution R2007-63

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE SUBMISSION OF THE RECYCLING TONNAGE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION

 

            WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

 

            WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

 

            WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

 

            WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

 

            WHEREAS, A resolution authorizing this municipality to apply for such tonnage grants for the calendar year 2006 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

 

            WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that the Township of Mendham hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designated Penny Newell to ensure that the application is properly filed; and

 

            BE IT FURTHER RESOLVED that monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

 

Mr. Krieg made a motion to adopt R2007-63; Mr. Phelan seconded the motion.     

 

ROLL CALL – All present voted YES.

 

7.  Recreation Survey:  Jeanne Montemarano, Recreation Director and Amalia Duarte, Recreation Commission member.  Ms. Duarte said the survey results will be used to set goals for the Commission to develop along with neighboring communities.  The Commission is looking for approval of the survey from the Township Committee.  Mayor Florek asked how the survey would be distributed and the timeframe and cost involved.  Ms. Montemarano said they are using Survey Monkey, an Internet based program that allows participants to fill in the survey on-line.  A flyer will be distributed through the schools to direct people to the on-line site.  Information will also be posted on the Township website, newsletter and TV-25 so that senior citizens and residents without children in the school system will also be able to participate.  Ms. Montemarano said the responses will be compiled based on Township residents and as an incentive to complete the survey, a one-day pass to Brookside Beach will be offered.  

 

Mr. Cioppettini thanked the Recreation Commission and Ms. Montemarano for undertaking this project.    The Committee approved the survey contents.

 

Mr. Phelan  reported that representatives of the  “four towns” (Mendham Township, Mendham Borough, Chester Township and Chester Borough) have been meeting regarding recreational facilities and recently discussed the feasibility of applying for a State grant to fund shared recreational services.  Mr. Phelan indicated that the four municipalities may be appropriating matching funds towards the grant monies received.  He also said there is a need to develop a plan of action regarding the conditions of baseball fields in both the Township and the Borough of Mendham.

 

8.  Aircraft Noise.  The FAA has requested comments by May 11, 2007 which is prior to a public hearing that has been scheduled to discuss the rerouting of aircraft approaches to Newark .  Mr. Schrier said Morris County has made objections known and Congressman Frelinghuysen is opposed to the proposed plan and has authorized Mr. Schrier to comment on his behalf.  Mr. Schrier pointed out that Congressman Frelinghuysen worked hard to get funding to recreate a plan which would avoid densely populated areas, however the FAA has ignored that plan.

 

Mr. Krieg commented that the current level of aircraft noise could not be much worse.  Mr. Cioppettini said the FAA must be told that the Township residents will not tolerate increased aircraft noise.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain reported the status of the Emergency Services Building construction:  the steel will be delivered by the end of this week weather permitting. The exhaust fan issue will be discussed in closed session. The rest of the project is moving along.

 

2.  Mr. Mountain reported on a pre-construction meeting regarding the cell tower construction project:  adjoining property owners will be receiving a letter containing the construction schedule with a completion date in August.   The contractor is sensitive to groundwater and tree issues as they pertain to the site as well as neighboring properties.  Mr. Krieg asked if the contractor will be sensitive to noise management.  Mr. Mountain noted that the contractor has agreed not to begin construction before 8:00 am nor continue past 4:00 p.m.  Maser will monitor construction.

 

OPEM ITEMS LIST

 

The Open Items List was reviewed and updated.

 

CORRESPONDENCE

 

1.      NJLM Advisory (12)

2.      DEP Delivers Commitment to Protect Water Quality (forwarded by Jack Schrier)

3.      PS&G Gas Emergency Response and Coordination

4.      Verizon/ “dedicated return line”

5.      First Energy / Aerial Patrol of Bulk Transmission System

6.      NJ Highlands Council / TDR Grant Program

7.      Robert Pollara ; Blue Diamond Disposal

 

Mr. Schrier commented on the NJLM correspondence containing a statement of principals from “Mayors Against Illegal Guns.”   The Committee did not come to a consensus on whether to support or not support the initiative.

 

Mr. Schrier said he is not thrilled with the imposition by the DEP of new restrictions as addressed in item #2.

 

Mayor Florek asked about a requirement to update the Township’s wastewater management plan.  Mr. Mountain said an amendment to the plan was submitted to the DEP several years ago and has not been approved yet so he recommends waiting to submit a new plan until the DEP approves the amendment currently on file.

 

Mr. Schrier asked about item #4.  Mr. Cioppettini said the Township is being put in between two factions which is inappropriate.

 

Mayor Florek noted item #7 as well as another trash collection issue with the Woodland Lakes community.   Mr. Mountain indicated the Woodland Lakes issue has been resolved.

 

LEGISLATIVE REPORT – no additional report

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public

 

George McKinnell, 28 W. Main Street :  asked about the Emergency Services Building exhaust system and said the fire company is disappointed with the lack of communication regarding changes in the construction, particularly with the electrical room and the engineer’s office.  Mr. Phelan asked if a representative of the fire company attends the construction meetings.  Mr. McKinnell said since February there has been a representative attending the meetings.

 

Pat Zimmerman, 3 W. Main Street :  said the earlier discussion about an exhaust fan sounds like it could be a noise issue.  Mr. Mountain explained the exhaust fan under discussion is an internal fan for when the vehicles are started up while inside the building.   Mrs. Zimmerman also said she appreciated the inclusion of senior citizens in the recreation survey.

 

No others present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

Upon motion duly made and seconded the Committee went into closed session at 8:58 p.m.

 

There was a discussion about the joint library as well as a possible location for police headquarters.  

 

Mr. Mountain updated the Committee on the issue of the exhaust fan for the Emergency Services Building .  

 

Mr. Falcon updated the Committee on the Keegan matter which will be the subject of a special meeting of the Committee on April 30th.

 

Upon motion duly made and seconded the Committee returned to open session at 9:54 p.m.

 

Upon motion duly made and seconded the meeting adjourned at 9:54 p.m.

 

 

Respectfully submitted:

 

 

Penny Newell, Township Clerk

 

Attachments:

 

Approved Bill List

Ordinance 7-2007

 

 

 

 

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