Summation of the October 18th meeting of the Borough Council
Next Meeting Nov. 1st

The first issue discussed was a "procedural outline" prepared to provide for more efficient claims processing before the Board of adjustment and the planning board. I will try to remember to get a copy of this for publication.

In related discussion Councilman Dolan challenge the Borough administrator on the issue of checking the credentials of contractors using the dump. The Borough administrator stated that contractors are challenged to demonstrate the local origins of what they are dumping on a regular basis. Councilman Dolan remained unpersuaded that compliance is being enforced as it should be.

There was eventual consensus by the council to rescind the order closing the dump to contractors and a commitment to more carefully study the problems and develop better procedures. [ It seems to me wood chips are not a (very) toxic waste and the town should be able to find an imaginative use that does not require paying for disposal]

permanent link: Oct. 18th meeting, InMendhmm 10/18/04

The oral argument on my motion for reconsideration in the case of Mosher vs. Mendham was heard 9:00am this morning. The judge did reverse herself, regarding the motion for summary judgment and now the town must face either accepting a reasonable settlement, or the ugly prospect of facing a jury trial. Considering that the judge had all but declared me a knockout victim in the previous round, complete victory in this round really was an incredible comeback. My brain keeps playing the song "We are the champions". This his been my only feel good moment in any judicial process and I'm certainly going to savor it.

The meeting began with a police "graduation ceremony" which included the always annoying, and gratuitously pointless, infant attendees. Listening to the tape provoked depressing flashbacks of the Cub Scout award ceremonies I was forced to attend in my youth. ( shudder... shudder). The ceremony, I guess "celebrated" is the right word, the promotion of one officer to Lt. and four other officers to sergeant. Apparently, they didn't even have to build a bird house out of Popsicle sticks to atain these promotions... and yet, it was somehow appropriate that they retake their "service vows" to defend the Constitution and such. Maybe I'm just getting to old and cenacle, but it all seemed a silly exercise in self aggrandizement, and mob patronage. The audience was obviously stacked with police officers, their families, union representatives, and other cop propagandists. Sorry, but I really don't think there's any way to objectively report on this kind of silliness. If every workingman, felt entitled to this kind of belly rub, every time they got a time-on-the-job promotion, the biggest industry in the world would be the manufactur of party hats.

The first real item of business was discussion regarding a new ordinance written specifically to cover probable zoning violations involving the new library. The intention appears to be to save the library the time and legal expense of pursuing variances.

permanent link: Oct. 4th meeting, InMendhmm 10/4/04

Summation of the Sept. 20th meeting of the Borough Council
Next Meeting Oct. 4th

The meeting was dominated by presentation and discussion regarding the "waste water treatment plant" and the problem of excessive water infiltration. Unfortunately, the Council expert on the subject... the mayor... was absent from this meeting. A general outline of the facts is that the sewage plant is operating beyond capacity and that system inefficiencies must be corrected if the system is to function within legal limits. On an average [dry] day the plant must process some 100,000 gals. of extraneous water [ illegally connected sump pumps and ground water infiltration] which is about 25% of the waste water that must be processed daily. On a "wet day" this percentage can increase well over 50% . Cited as the substance of the problem is the high water table in some areas and old clay piping that is notoriously vulnerable to infiltration (by water and roots).

The options discussed involves "studying the problem" [attempting to narrow the problem to specific areas] Then either replacing pipes, or retrofitting pipes with a relining. The information presented regarding cost was not very specific, nor very comprehensible. It was implied that relining would be the more cost-effective approach but the estimate of $40 a foot is twice as expensive as the $20 a foot for traditional replacement? It was stated that the per foot cost for relining would decrease with a contract of substantial size.

The council seems inclined to approach the problem by beginning with a $40,000 allocation to acquire flow data and "study" which areas are introducing the most extraneous water. Once identified, the feed lines in the problem areas would then be either relined or replaced. An initial investment of some $300,000 was discussed. Part of that discussion involved how customers will be taxed for this system upgrade. The alternatives are a flat fee increase of $50 per customer for four years or a prorated fee increase that would be applied based on household water consumption data. It seems apparent the council will go with the pro-rated option as it would likely impose a more fair burden on high volume commercial properties.

[My personal impressions: In the context of the previous discussions I've heard on this subject... I think the town already knows substantially what areas of the town are suspect by reason of aging infrastructure and water table dynamics. The $40,000 study seems both a waste of time and money when you consider what can be deduced to be probable and inevitable. In practical fact it seems logical that all clay pipe will inevitably have to be upgraded or replaced.... the technology of upgrading or replacement isn't likely to get significantly more improved in the next couple of years... so we might as well just get to it.]

permanent link: Sept 20th meeting, InMendhmm 9/20/04

Summation of the Sept. 7th meeting of the Borough Council
Next Meeting Sept. 20th

The first issue discussed was the progress of the Phoenix House restoration. There have been quite a few cost overruns. Apparently there is quite a bit of old water damage.

The next issue discussed was the "senior" transportation problem. The mayor summarized the problem by explaining that the current 10 year-old "MASH" van was in need of replacement as it requires frequent maintenance and has design limitations that diminish its usefulness. There is apparently also a problem regarding liability insurance. The mayor suggested that the replacement van be of a modern type that is more accessible and can be driven by a person without a special operator's licence. Apparently, the Township and the Borough have some inter-local agreement where they share some portion of the cost for providing this vehicle for seniors. No specific financial figures were discussed.

There was lengthy discussion regarding the future selection process for advancement to police sergeant. The issue required resolution as there was apparently some unintended language in the police contract/ordinance that did not provide for final council approval of recommendations for advancement. There was no real dissent among the council, just a lot of debate over "wording". Councilman Witczak pointed out that no "test" has been established for the "Examination Board" (the council, the public safety committee, and the police chief) to administer to promotion candidates.

Apparently the system will work something like this, the police chief and public safety committee will interview/test promotion candidates by asking some oral questions. They will then make a recommendation to the council if promotion is appropriate. The full council in turn, may ask further questions (in public session) and will vote on the recommendation.

At the end of the public portion of the meeting the Council decided in closed session to approve a current recommendation to advance one current sergeant to the rank of lieutenant ($85,000 - $87,000) and to promote four other officers to the rank of sergeant.

In a related discussion, Councilman Dolan took exception to the verbiage/spin used by the Borough administrator in summarizing activities of the public safety committee. He clarified that the committee voted assertively not to recommend the hiring of another police officer-- and that there was committee consensuses on creating the position of Public Safety Director.

In a still somewhat related discussion, It was noted that the borough's new four-wheel drive police vehicle was detailed in White, not black and white. It was recommended that this vehicle and a administrative vehicle be painted black and white to match the rest of the police vehicles.

There was some discussion regarding sidewalk repairs on Orchard Street. the mayor estimated that some one-third of Orchard Street sidewalks are still in need of repair. The Borough administrator noted that only $50,000 has been allocated for sidewalk repairs and that the engineers were only slating the worst sections for repair. The mayor suggested there may be some deficiency in this approach, implying the inefficiency of having to return to the same street to do additional repairs in the near future.

There was a brief discussion regarding the Shared Services Committee. Apparently being scheduled to meet at a larger venue (hilltop school) implied to some members of the council that the meeting would be public. The mayor emphatically stated that it would not be a public meeting. Councilman Dolan suggested that there wasn't any reason it could not be public. The council lawyer explained that as an advisory committee there was no obligation to allow public scrutiny.

The mayor made a statement expressing some substantial dissatisfaction with the Zoning Officer regarding the fact that no action has been taken against the owners of a property who months ago installed a illegal fence.

The mayor also mentioned, that some action needs to be taken against the audi dealership for illegally using the fire department parking lot.

Another issue brought up by the mayor was the "problem" of allocating the taxes collected on new construction (cooa?) Apparently this revenue must be dedicated to helping seniors and the poor with their housing costs. Apparently senior housing has already been upgraded using this money and some new "needs" must be found. It was suggested that the welfare board help in identifying those in need. It was also suggested that the funds might be used to subsidize the mortgage payments the seniors association is paying the federal government. The council attorney noted that the funds could be used by the Borough to purchase a lower-priced Mendham property that could be rented as low cost housing-- the idea of a cheap Mendham property was deservedly laughed at.

The sewage plant issues of "gray water" and water infiltration were briefly discussed. The Borough administrator stated that a memo outlining potential technology approaches to the problem of water infiltration is near completion and should be presented to members of the council before the next meeting of the council. Also brought up with the issue of the best possible method for disposing of "reclaimed water". Distributing water for field fertilization was brought up... as was the counter argument of EPA concerns and the practical limitations imposed by winter weather. discussion was not vary detailed or extensive.

In other sewage plant news-- it was an acknowledgement the sewage plant lab has received commendation from the state for excellence, having a 100% accuracy rating.

Councilmen Haverkost commented on the great success of the Labor Day parade, and related activities. and thanked a police officer, the recreation committee, the knights of Columbus and the pastime club. He did note however a turf problem between the fire department and first aid squad.

Another Labor Day issue brought up was the unauthorized use of the basketball courts for some kind of skateboarding event.

Some council person mentioned how good the new police uniforms looked.

permanent link: Sept 7th meeting, InMendhmm 9/7/04

Summation of the August 16th meeting of the Borough Council
Next Meeting Sept. 7

Things began with discussion regarding an ordinance (17.04) that basically reappropriates $170,000 in capital spending (debt) to purposes other than those the money was initially borrowed for.

From the administrators report :
Item #1 - Capital Projects Funding Cancellation & Re-appropriation;
Pursuant to our discussions at the last meeting Sue and I conducted a further review of the list of capital projects with the Borough Auditor and Bond Attorney. On the agenda Monday night you will find Resolution 129-04, which we are recommending for adoption. The resolution cancels the funding for six projects that have been completed. Those items that are listed in the "unfunded" column will reduce the Borough's debt level. Those listed as "funded" will be returned to either Capital Improvement Fund or Surplus.
Ordinance 17-04 re-appropriates $171,500 from Ordinances 11-99 and 1-96 to be used for paving of a parking lot ($40,000), additional funding for the Mendham Commons storm water basin project ($61,500) and a four-wheel drive police vehicle and related equipment ($70,000). [ I will attempt to find out what projects were canceled]

A related item briefly discussed later in the meeting was the town's intention to buy a new four-wheel-drive vehicle for the police department. The cost of the vehicle is $30,000 with approximately another $22,000 in Police equipment add-ons. [Retractable flying-pig wings I suppose... a paint job, lights, a siren, a radio, a computer, a gun rack and maybe a winch shouldn't cost more than $10,000 ]. As the council has appropriated $70,000 in re-appropriated funds it seems apparent that a quarter of this expenditure will be re-re-appropriated.

Also very briefly discussed, was a resolution passed to provide for the upgrading of Garabrant Center recording equipment. There was some joking by the council regarding the definite need for this equipment. There was the implication that certain other parties [myself] will be pleased. No information regarding cost was provided. The last budget reference I remember was somewhere around $7,000 for this equipment. [When you can buy some pretty amazing technical gadgets for just a few hundred dollars $7,000 for a few microphones and a recording device seems...a...crazy. From my perspective, as someone who has to attempt to decipher English language from the garble on the average tape recording of a council meeting, I certainly see the need for an upgrade... but I think the council shouldn't spend thousands of dollars unless they're sure a few hundred wouldn't fix the problem quite satisfactorily]

Other items discussed:

The cost of the brush and leaf dump is apparently over budget and the council may move forward with a ban on dumping by contractors working on a local property.

There was another $21,000 in cost overruns related to the restoration of the Phoenix House.

The proposal for online tax payment will require the formality of a competitive bid process. The council is likely to vote on moving forward with this scheme at the next meeting.

A residents request for a street light apparently reflects a concern not shared by neighbors. The Borough administrator received one letter and two phone calls from neighbors voting against the idea. It seems apparent that the request will not be approved by the town council.

The Borough has received another $500,000 for Green Acres land purchases. I believe the town now has a couple of million dollars in reserve with the state for open space preservation .

from the administrators report
Item #4 - Senior Citizen Parking/MASH Van:
The discussion at the last meeting regarding parking around the Garabrant Center was timely, in that the new Executive Director at MASH has indicated that van will need to be replaced in the near future. A large vehicle would facilitate a parking/shuttle arrangement discussed at the last meeting. Equally timely is a grant application I received this week from the Department of Community Affairs for capital improvement projects. A phone conversation to the DCA confirmed that a senior mini-bus would be an eligible capital project. A joint application with Mendham Township would be place the application higher on the consideration list. I would like authorization to proceed with an application, in partnership with the Township. An inter-local service agreement, similar to the one that covers the speed detection trailer, would need to be developed in the event that the grant was awarded. The anticipated cost of the bus would be $70,000. It would accommodate twelve passenger plus two wheel chairs. The wheel chair slots have folding seats that can be converted easily for non-disabled passengers. The vehicle would not require the driver to posses a Commercial Drivers License. If authorized a joint resolution would be placed on the next agenda for adoption.

There was no council discussion regarding this issue.

There was an executive session by the council regarding the PBA contract. Apparently there was a problem with the recording equipment and the public session following the meeting was not recorded. An e-mail from the town clerk provides this information: .

..after returning to open session, following executive session, the recording equipment malfunctioned and did not record the end of the meeting....

Although, the following will be covered in the minutes, I wanted to give you the info before you receive these minutes.

The Mayor and Council returned to open session and held a brief discussion with members of the police department, who had waited outside until the executive session concluded. The police members present were advised that negotiations will continue and that the Mayor and Council were in basic agreement on all points. The details of ordinances and department rules and regulations need to be examined to make sure there are no conflicts. Points discussed were, the appointment of 4 Sergeants, creation of a Captain and Lieutenant position. Salary issues were not discussed in the public session.

As you are aware, any other items that are part of the contract negotiating process, will be made public when a contract settlement is reached.

No action was taken by the Council....

permanent link: August 16TH meeting, InMendhmm 8/16/04

Summation of the August 2nd meeting of the Borough Town Council :

Things began with discussion regarding the problems of senior parking at the ­Garabrant Center.

from the administrators report: Item #3 ­ Senior Citizen Parking, Garabrant Center: Althea Lowe, President of the Mendham Seniors Club, has asked for some time on the agenda to discuss parking at the Garabrant Center. As you will recall, some of the seniors are upset with the removal of parking on the South side of Wilson Street.

In brief, the problem is when seniors have their meetings there isn't enough parking space and one-side-of-the-street parking means some seniors have to walk too far. The single side of the street parking was instituted as a safety concern as wider modern emergency vehicles can't reliably or safely navigate the street otherwise. Alternatives proposed was providing a parking exemption for the time period of meetings [not going to happen]. Painting "within" lines on the street pavement to prevent sloppy parking and provide a passable center lane with both side of the street parking [might be a good idea if they keep the lines thin and not to destructive to aesthetics]. Vallet parking [I worked parking cars at the black horse and soon learned that when everyone arrives or leaves at the same time it really doesn't work-- the other non starter for this idea was the suggestion that it be a volunteer... fat chance ...then there's the whole insurance problem...] Off-site parking at the borough field and having some senior services organization provide a shuttle bus was also an idea considered. [I think a couple of the more able seniors with larger cars should just "volunteer" to make a couple of the 1/5th of a mile trips and save the trouble of a Bus and driver]

There will be further discussion at the next meeting.

from the administrators report Item #1 ­ AT&T Wireless Antenna Proposal: Included in your packets are photographs and plans from AT&T wireless. Mr. Matt Archer from Pyramid Network Services, a site location company, will be present to discuss any questions you may have. Representatives from AT&T wireless will also be present.

the audio wasn't very good but here is the jist that I got... AT&T is proposing a 80 ft. [ not the 120 ft. originally proposed] cell tower disguised as a flagpole or clock tower. It would be located behind the police department, not in the front current location. The footprint of used space at the base for equipment would be approximately 8 ft. by 15 ft.

There are lots of legal issues regarding the implications of denying AT&T their proposal. Councilman John Andrus [I believe] made numerous comments and suggestions -- one being that a more suitable location might be the commercial property behind Mendham Ford or the shopping center [a suggestion also made on this websites message board] this option would provide for a taller [and more useful and expansible] tower, and eliminate many aesthetic and safety concerns as there isn't the same residential congestion in that area. The AT&T representative agreed to investigate that option.

There was some discussion of the alternative telephone poll wipp technology but the AT&T representative said that would not be a cost-effective alternative.

In the discussion regarding health concerns over radiation... the AT&T representative stated that exposure at the base of the tower is less than your exposure talking on a cellphone, it was also stated to be less than allowable leakage for microwave ovens.

The mayor provided for some public comment on this issue, but the comments were not worth much... Council candidate B. Stanton did raise the issue of creating one tower for all carriers to guard against each carrier requesting its own monstrosity. The poor quality of the audio prevented me from hearing the AT&T response... but I think it was something like if AT&T builds it... They are going to have to pay our price to use it.

[I am thinking what we need is some good all whether Blimp technology]

from the administrators report Item #2 ­ Online Payment of Property Taxes: In your packets you will find information from our Tax Collector setting up payment of property taxes online through the Internet. Rosalie will be in attendance to answer any question you may have.

The racket goes something like this, the town gives all the tax information to some shyster banking institution so they can charge you some 10% more to pay your taxes on-line with a "certain" credit card. Oh.. by the way.. providing this wonderful service will mean that anyone can view anyone's tax bill anonymously online. The councilman seemed impressed by the fact that it doesn't cost the Borough anything... the mayor argued that you can pay state and federal taxes on line. The mayor also made the rather stupid remark ( legally) that you can just call up the tax collector, and find out what the taxes are on any lot address. I would like ask the mayor the question "then why the hell do I have to submit all my requests for public information in writing and pay for even electronic documents?" [ This issue, makes glaring a huge deficiency in our social infrastructure-- there really needs to be a separation between lending institutions and asset transfer institutions. One involves risk the other involves about 2¢ worth of computer processing. It's 2004 a person really ought to be able to transfer a few thousand dollars without paying some grotesque usury fee. At probably very little expense, the Borough could acquire a transaction licence that would enable them to accept electronic checks online... this would probably be a lot more useful to more people them providing a kind of crazy fee based credit-card option that makes some public information too public. Hell if I was mayor I would be proposing that the Borough of Mendham establish a not-for-profit bank-- not a lending institution-- a bank... that only holds capital and pays interest (after expenses) and provides Electronic Financial Transfers at actual cost which might be about 5 cents ... banks are making us all pay for bad debt while they reap huge profits on good debt... we really should have a public interest alternative.]

no doubt there will be further discussion...

permanent link: August 2ed meeting, InMendhmm 8/02/04