MINUTES OF THE REGULAR MEETING OF

THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM

MORRIS COUNTY , NEW JERSEY

MAY 12, 2008

Mayor Florek called the meeting to order at 7:30 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 led all in the Pledge of Allegiance.

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.

APROVAL OF MINUTES

Upon motions duly made and seconded, the regular session and executive session minutes of  January 29, 2008,  and the regular session minutes of  February 11, 2008,  Special Meeting minutes of March 3, 2008, and the regular and executive session minutes of April 22, 2008, were approved. 

OLD BUSINESS

Mr. Schrier reported on progress of converting both Fire Departments to use of the Scott Air-Paks.  He and Mr. Mountain met with representatives from Ralston Engine Co. #1 and they requested that Ralston be allowed to use a few MSA 60 minute paks.  Mr. Phelan strongly opposed this request, stating that he is concerned about potential problems if a Scott mask was used with an MSA tank.  He was also concerned about the length of time a firefighter would spend in a burning building, stating that everyone in the county has agreed that the 45 minute tanks should be the standard, and the strategy is to rotate personnel.

Mr. Mountain further  reported that after the meeting with Ralston he spoke with the vendor, who is willing to provide a few 60 minute bottles for the Scott Air-Paks, at no cost, for the Ralston members to utilize during a transition to 45 minute Scott Air-Paks.  He feels that once the firefighters use the 45 minute paks they will see that the transition from the 60 minute paks makes sense. Mr. Mountain said that Ralston has accepted the Scott Air-Paks, with the issue being 45 vs. 60 minutes. 

After further discussion, it was agreed that Ralston would be asked to give back the MSA’s, use the Scott Paks of 45 minute duration with the exception of  a few of the longer duration Scott Air-Paks.

Mr. Phelan was strongly opposed to this proposition and is concerned about the amount of time a firefighter would spend in a burning building.  He stated for the record that he is not in agreement with this course of action.

Mr. Mountain reported that he spoke with the Executive Director of St. Hubert ’s.  she said a formal letter will be submitted, but she wanted the Governing Body to know that St. Hubert ’s shares the Township’s disappointment in the way the matter in question was handled.  After the members review the  letter she will come to a meeting, if they so request, to discuss the situation.

Mayor Florek stated that there was an issue with the Open Space Commission and signs that were put up throughout the Township and the Borough.  She said that she has asked Mrs. Carlson to send out a notice to all Boards and Commissions that all signs must be cleared through the proper channels.

HEARING PERSONS PRESENT

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

David Bailin, 10 Washington Valley Road , urged the Township Committee to consider consolidation with Mendham Borough. 

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

NEW BUSINESS

Mayor Florek presented a Proclamation declaring June “Myasthenia Gravis Awareness Month.”  This proclamation is appended to the official minutes.

Acting Chief Hughes was present to give a follow-up on the Ironia Road traffic study.  The study is appended to the official minutes.  Acting Chief Hughes stated that during the radar details 1,119 cars traveled over Ironia Road - approximately one third of the vehicles  were commercial vehicles, meaning vehicles over 26,000 pounds.  There were 35 violations and 10 summons issued.  He said that he further studied accidents on Ironia Road over a three year period.  During that three year period there were 10 accidents, 5 of them caused by animals.    He stated that in his professional opinion there is not a big problem with the traffic and the Police Department will keep up periodic radar details and continued awareness.  Mr. Cioppettini questioned whether the signage on the road is adequate and Acting Chief Hughes stated that speed limits are clearly posted.  Acting Chief Hughes said that the Department plans to put the counter back out and will keep compiling data.  Mayor Florek requested another follow-up in 6 months.

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

2008-65         EXTENDING CONGRATULATIONS TO STEVEN NAMETZ

UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

2008-66         CONGRATULATING THE COMMUNITY OF ST. JOHN BAPTIST ON 100 YEARS OF MINISTRY AT ST. MARGUERITE’S HOUSE

            2008-67         AUTHORIZING REFUND OF TAX OVERPAYMENTS

2008-68         APPOINTING JAMIE KINSEL AS A REGULAR MEMBER

TO ENVIRONMENTAL COMMISSION

2008-69         ESTABLISHING SALARIES

                                    BROOKSIDE BEACH STAFF FOR 2008

2008-70         APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT BY AND BETWEEN

THE TOWNSHIP OF MENDHAM AND SHEMY, L.L.C.

            2008-71         AUTHORIZING DISCUSSION WITHOUT THE PRESENCE

                                    OF THE PUBLIC

Resolutions 2008-65 through 2008-71 are appended to the official minutes.

Mayor Florek read Resolution 2008-72 EXTENDING CONGRATULATIONS TO THE STATE OF ISRAEL ON HER 60^TH ANNIVERSARY and called for a motion to adopt.  Mr. Schrier so moved, Mr. Krieg seconded and Resolution 2008-72 was approved unanimously.  This resolution is appended to the official minutes.

There was a discussion on the Little League proposal to construct a field at Meadowood Park .  Mr. Mountain asked for direction from the Township Committee and whether the Governing Body wanted the Township professionals to get involved.    Mr. Falcon stated that it is a project being done by volunteers, but in light of that fact that it is an improvement to municipal facilities, there is a requirement for capital review of a municipal improvement.  It would not require a full Planning Board proceeding, but rather a process where they come before the Planning Board and report what it is they want to do.  Mr. Falcon added that

following proper procedure is necessary to avoid problems with any residents who might not like the plan.  Mr. Schrier moved  to approve the project and further to require Little League to go before the Planning Board to present its plans.  Mr. Phelan seconded the motion and upon a roll call vote, the motion was approved unanimously.

ADMINISTRATOR’S REPORT/OPEN ITEMS

Mr. Mountain recommended approval of a capital project revision request from DPW Superintendent Dave Read.  Mr. Read has asked for consideration from his original request in the years budget to replace a mason dump truck. The transmission on this truck was replaced recently and Mr. Read feels that it will last a few more years with the new transmission.  In its place he would like the Governing Body to consider purchase of a mower.  After a short discussion, the Governing Body members decided against deferring the replacement of the truck and purchase of a new mower.

Mr. Mountain reported that the purchase of the Sisters property is moving forward,  with all contracts being reviewed by the  Township Attorney.

Mr. Mountain said that Planner Susan Kimball will be updating the Governing Body on the revised COAH results coming out of the review and comment period.  She has commented that there were some modest changes in Mendham’s favor.  Mr. Schrier noted that considering the volume of negative comments on the revised 3^rd round COAH rules, he is stunned that there were no major changes.

CORRESPONDENCE

Mr. Schrier spoke of a memorandum received from the Environmental Commission concerning a decision by the Board of Adjustment waiving the requirements for markers in a conservation easement.  Mr. Falcon stated that the Board of Adjustment is not at liberty to grant variances from these types of regulations.  The Governing Body requested a copy of the minutes of the meeting at which this resolution was approved and Mayor Florek asked Mr. Falcon to speak with Board of Adjustment Attorney John Mills about this matter.

Mr. Cioppettini announced that everyone in Mendham Township is invited to the fireworks on July 5, 2008.

LEGISLATIVE REPORT

There was no report.

HEARING PERSONS PRESENT

Upon motion of Mr. Cioppettini and second of Mr. Schrier,  Mayor Florek opened the Hearing Persons Present portion of the meeting. 

Cecelia Donato, of Ironia Road , spoke in response to the Ironia Road traffic study update.  Mrs. Donato stated that she  disagrees with the results of the study and feels that traffic is indeed getting worse.  She stated that on many occasions, small accidents occur and drivers do not report them  to the Police. During the summer months traffic will increase with the use of the fields at the Seeing Eye and she is concerned about the speeds and the lack of concern for other drivers.

Marion Koste, also of Ironia Road , agreed with Mrs. Donato.  She asked if something could be done about restricting commercial vehicles, something that was done on Old Brookside Road .  She also questioned whether Ironia Road is considered a connector road and if restrictions would be allowed.  Mayor Florek asked Mr. Falcon to investigate this matter. 

Mrs. Koste had two other concerns to present.  She  spoke of the noise ordinance and asked the Governing Body to go one  step further by restricting the size of equipment homeowners are allowed to use on week-ends.  She also had questions about COAH and asked how many buildable lots there are in Mendham Township .  Mayor Florek told her that the Township Engineer had just presented a building analysis which the Governing Body is about to review.

Cecilia Donato of Ironia Road , spoke again and asked the Township to consider leasing the kennels at the Seeing Eye to agencies such as the SPCA.  Mr. Krieg told her that the Township opened the kennels after Hurricane Katrina but the costs to keep animals there were very high.  Mr. Mountain stated that because the property purchase was funded by Green Acres, permission would have to be received from the State for other than recreational usage.  Mr. Mountain also told Mrs. Donato that the kennels would need repairs to get them into walk in usable condition and the upkeep costs are very high.  This is a deterrent for groups interested in using them.

Patricia Zimmerman of 3 West Main Street commented on the Board of Adjustment decision concerning the easement markers and noted that the Board has suggested that there be alternate markers. 

With no one else present to be heard, and upon motion of Mr. Phelan and second of Mr. Krieg,  this portion of the meeting was closed.

Mr. Cioppettini introduced Eric Lang who is working toward his Eagle Scout rank.  The Governing Body congratulated him and the members told him they are looking forward to seeing him complete this.

Upon motion of Mr. Phelan and second of Mr. Cioppettini, the Governing Body moved into closed session at 8:58 p.m..

The Governing Body returned to open session at 10:05 p.m.

Upon returning to open session, Mayor Florek called for a motion to adopt Resolution 2008-73, AUTHORIZING CHANGE ORDER FOR THE EMERGENCY SERVICES BUILDING IN THE AMOUNT OF $37,782.56.  Mr. Schrier so moved, Mr. Phelan seconded and upon a roll call vote, all present voted in favor and Resolution 2008-73 was adopted.  This resolution is appended to the official minutes.

Upon motion of Mr. Schrier and second of Mr. Krieg, Mayor Florek adjourned the meeting at 10:06 p.m.

.                                                                       Respectfully submitted,

                                                                        Ann L. Carlson, RMC

                                                                        Township Clerk

Approved Check Register Attached