Meeting Agendas & Minutes

Regular Council Meeting Minutes 12/02/10

Minutes of the Conference Meeting of the Borough Council held December 2, 2010, at 7:30 p.m. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey.

Mayor Druetzler called the meeting to order and read the following notice:

I HEREBY ANNOUNCE AND STATE THAT ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY VIRTUE OF A RESOLUTION SCHEDULING THE TIME, DATE, AND PLACE OF MEETINGS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MORRIS PLAINS FOR THE YEAR 2010; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 8TH 2010, AND WAS PUBLISHED IN THE MORRIS NEWSBEE AND IN THE DAILY RECORD AND BY THE FORWARDING OF SUCH RESOLUTION TO ALL PERSONS ON THE REQUEST LIST; BY THE POSTING OF SUCH RESOLUTION ON THE BULLETIN BOARD IN THE BOROUGH HALL; ALL OF THE ABOVE ACTIONS BEING IN ACCORDANCE WITH N.J.S.A. 10:4-6, ET SEQ.

 

Present on Roll Call: Mayor Frank J. Druetzler

Council President Jason C. Karr

Councilmembers: Joseph Cecala, Jr.

George J. Coogan

Laurie J. Fu

Suzanne B. McCluskey

 

Absent: Councilmember Roman Zabihach

 

Also Present: Gail Fraser, Esq., Borough Attorney

 

?

DISCUSSION ITEMS

 

Mayor Druetzler advised that Councilmember Zabihach is out-of-town this evening and is, therefore, unable to attend this meeting.

 

Mayor Druetzler discussed a resolution that would oppose the State’s recommendation to revise the requirements for medical service delivery. The Morris Minute Men will consider the resolution at their next meeting next week and it will be addressed at the next Borough Council meeting.

 

Mayor Druetzler advised that there are a number of ordinances on the agenda this evening, including salary ranges, acquisition of property on Mountain Avenue, amending the fee schedule, and the expansion of the sewer easement at Johnson Road. Mayor and Council reviewed changes to the fee schedule.

 

Councilmember Fu advised that there is a resolution to approve the shared services agreement with Denville who will handle our animal control services; Denville will approve a resolution at their meeting next week. Attorney Fraser discussed legalities and Councilmember Fu addressed Denville’s Animal Control Officer’s responsibilities. St. Hubert’s offered their services for 2011 at $18,000; Denville offered a two year agreement at $12,000 annually. Councilmember Fu advised that she and Councilmembers McCluskey and Karr will meet with Denville quarterly or as needed for the first year.

 

Councilmember Coogan referenced the State BPU/JCP&L energy grant for $20,000 is tied together with federal stimulus money, which allows for a total of $50,000 to be granted to municipalities. Councilmember Coogan said it was suggested to use the Direct Installed Program to get started, and provided an update and detailed information on the process.

Mayor Druetzler left the meeting at 8:00 p.m.

Councilmember McCluskey left the meeting at 8:00 p.m.

Councilmember Cecala left the meeting at 8:00 p.m.

Councilmember Coogan motioned to recess the meeting; Councilmember Karr seconded the motion. So moved.

 

The Conference Meeting was re-opened at 8:13 p.m.

?

?

EXECUTIVE SESSION

Moved by Councilmember Coogan:

 

BE IT RESOLVED THAT Resolution No. 2010-125 entitled, "Executive Session" be adopted.

 

Seconded by Councilmember Cecala. So ordered.

 

Councilmember Coogan moved to adjourn the meeting at 8:29 p.m.

 

Seconded by Councilmember Cecala. So moved.

 

?

 

Jason C. Karr, Council President

_____________________________

June R. Uhrin, Borough Clerk

Minutes of the Regular Meeting of the Borough Council held on December 2, 2010, at 8:32 p.m. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey.

 

Pledge of Allegiance and Prayer.

 

Councilmember Karr called the meeting to order and read the following notice:

I HEREBY ANNOUNCE AND STATE THAT ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY VIRTUE OF A RESOLUTION SCHEDULING THE TIME, DATE, AND PLACE OF MEETINGS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MORRIS PLAINS FOR THE YEAR 2010; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 8TH 2010, AND WAS PUBLISHED IN THE MORRIS NEWSBEE AND IN THE DAILY RECORD AND BY THE FORWARDING OF SUCH RESOLUTION TO ALL PERSONS ON THE REQUEST LIST; BY THE POSTING OF SUCH RESOLUTION ON THE BULLETIN BOARD IN THE BOROUGH HALL; ALL OF THE ABOVE ACTIONS BEING IN ACCORDANCE WITH N.J.S.A. 10:4-6, ET SEQ.

 

?

Present on Roll Call:

Council President Jason C. Karr

Councilmembers: George J. Coogan

Joseph Cecala, Jr.

Laurie J. Fu

Suzanne B. McCluskey (arrived 8:44 p.m.)

 

Absent: Mayor Frank J. Druetzler

Councilmember Roman Zabihach

 

Also Present: Gail Fraser, Esq., Borough Attorney

 

 

?

?

APPROVAL OF MINUTES

 

Councilmember Karr moved:

 

BE IT RESOLVED that the minutes of the Executive, Conference & Regular Meeting of November 11, 2010 be approved.

Seconded by Councilmember Coogan. So ordered.

 

?

?

APPROVAL OF CONSENT CALENDAR

 

Councilmember Karr moved:

 

BE IT RESOLVED by the Mayor and Council of the Borough of Morris Plains, that the attached reports be accepted and that said reports be kept on file in the Clerk’s Office:

REPORTS

Municipal Court, October 2010

BE IT FURTHER RESOLVED

 

THAT Resolution 2010-126 entitled, "REFUND OF OVERPAYMENT," be adopted as attached.

 

THAT Resolution 2010-127 entitled, "RESOLUTION AUTHORIZING AN INTERLOCAL SHARED SERVICES AGREEMENT WITH DENVILLE TOWNSHIP FOR ANIMAL CONTROL SERVICES," be adopted as attached.

 

THAT Resolution 2010-128 entitled, "RESOLUTION REGARDING PERMANENT APPOINTMENT OF PATROLMAN DANIEL W. GALLAGHER," be adopted as attached.

 

THAT Resolution 2010-129 entitled, "RESOLUTION REGARDING PERMANENT APPOINTMENT OF PATROLMAN PETER V. ROLPH," adopted as attached.

 

THAT Resolution 2010-130 entitled, "A RESOLUTION AUTHORIZING THE MORRIS PLAINS COMMUNITY GARDEN ON BOROUGH PROPERTY AT 51 CENTRAL AVENUE," be adopted as attached.

 

THAT Resolution 2010-131 entitled, "RESOLUTION SUPPORTING PARTICIPATION IN THE SUSTAINABLE JERSEY MUNICIPAL CERTIFICATION PROGRAM BY BOROUGH OF MORRIS PLAINS, COUNTY OF MORRIS, STATE OF NEW JERSEY," be adopted as attached.

 

THAT Resolution 2010-132 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR SPECIAL PROFESSIONAL LEGAL SERVICES," be adopted as attached.

 

THAT Resolution 2010-133 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL BOND COUNSEL SERVICES," be adopted as attached.

 

THAT Resolution 2010-134 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL AUDITING SERVICES," be adopted as attached.

 

THAT Resolution 2010-135 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL PLANNING BOARD COUNSEL SERVICES," be adopted as attached.

 

THAT Resolution 2010-136 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL PLANNING SERVICES," be adopted as attached.

 

THAT Resolution 2010-137 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL BOARD OF ADJUSTMENT COUNSEL SERVICES," be adopted as attached.

 

THAT
Resolution 2010-138 entitled, "RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL APPRAISER SERVICES," be adopted as attached.

 

THAT the Mayor and Clerk be and they are hereby authorized to execute an Agreement with Denis F. Driscoll, Esq., of Hoberman, Resch, DiPiazza & Driscoll for 2011 Municipal Prosecutor services.

THAT the Mayor and Clerk be and they are hereby authorized to execute an Agreement with Ronald D. Nicola, Esq. for 2011 Public Defender services.

THAT the Mayor and Clerk be and they are hereby authorized to execute an Agreement with Fredric M. Knapp, Esq., Knapp, Trimboli & Prusinowski, LLC for 2011 Special Labor Counsel services.

 

THAT the Mayor and Clerk be and they are hereby authorized to execute the Agreement with Thomas Olson, Esq., McKirdy and Riskin for 2011 Special Tax Counsel services.

THAT the Mayor and Clerk be and they are hereby authorized to execute the Agreement with Kenneth Werner, DVM, for the annual Animal Rabies Clinic to be held Saturday, January 15th 2011.

 

THAT the Mayor and Clerk be and they are hereby authorized to execute the Agreement with Elizabeth VanNess for 2011 Youth Counseling services.

THAT Michael Koroski, Police Sergeant be granted permission to carry 24 hours of vacation from 2010 to 2011.

THAT the Borough Council approve the membership application of Lyon Gardner, 8 Crestview Court West, Morris Plains, NJ, as a member of the Morris Plains Junior Fire Auxiliary.

THAT having received bids for years 2011-2012 Shade Tree Work that a contract be awarded to Greenwood Tree, Montville, NJ, and that the Mayor and Clerk be and they hereby are authorized to execute the contract, subject to the Borough Attorney’s review and approval of the documents. Award is subject to the availability and appropriation annually of sufficient funds as may be required to meet the obligation in succeeding years.

THAT the Borough Council authorize the return of the $1,000.00 performance guarantee to Nader Homes, Inc, Block 69, Lot 1.01, per the Borough Engineer’s letter dated November 22nd 2010.

?

Seconded by Councilmember McCluskey.

 

Yeas: Councilmembers Karr, Coogan, Cecala, Fu, McCluskey & Zabihach

Nays: None

Absent: None

Abstain: None

 

?

GREETING OF PUBLIC AND INVITATION FOR DISCUSSION

Councilmember Karr opened the meeting to the public.

Keith Neigel, Walsh Way resident, advised that he attended a council meeting a couple months ago to address properties that have been neglected and requested that his concerns be addressed.

Roy Stewart, Sunrise Drive resident, addressed Mr. Neigel’s comments and provided additional specific information. Mr. Stewart referenced ordinances on property maintenance.

Councilmember McCluskey arrived at the meeting at 8:44 p.m.

Mr. Stewart continued, referencing businesses that appear to be run out of residential areas, other zoning violations, and enforcement issues.

John Dehaan, 5 Rudden Lane, stated he has been a resident for 31 years and that while his neighborhood is void of the problems that are being discussed, he expressed concern that neglect of properties will spread if not addressed. He suggested a town-wide mailing to residents to inform them of property maintenance ordinances.

Kevin Manahan, Northview Drive resident, commented that the situations described here warrant employee performance reviews or addressing job descriptions.

Roy Stewart, Sunrise Drive resident, referenced a meeting he attended when Ordinance 12-2008 was on Second Reading.

Councilmember Karr closed the public hearing.

?

REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS

 

Finance

Councilmember Karr stated that the Salary Ordinance and changes to the Fee Ordinance were referenced earlier.

 

Councilmember Karr stated that there will be a meeting to discuss the Personnel Policies & Procedures next week and it is his hope to finalize that.

 

?

Public Safety

 

Councilmember Cecala advised that the 9-11 Committee had a meeting the other day. They are starting to sell T-Shirts at $18.00 that were designed by Councilmember Laurie J. Fu. They will be sold at the Christmas Tree Sale, the Santa Run, and Tree Lighting Ceremony, as well as car washes and Memorial Day Parade to raise funds. The display case at the entrance of the municipal building features a picture of the Memorial as planned, prepared by Dave and Michelle Shultz. This design will require Planning Board approval. Councilmember Cecala praised the people on the Committee for their continuous help and contribution of time to this project.

 

Councilmember Cecala advised that the deer cull is up to 23, and there have been two more cullers added to the list. Councilmember Cecala added that he has seen a decrease in the number of deer and cited the new dog park as deterrence for the deer as they only come out at night now in that area. Roberts Garden, Mountain Way and Borough Schools however, have an abundance of deer.

 

Chief Scott Thompson reported on police department activities.

 

?

Public Works

Councilmember Coogan reported that the Department of Public Works report was distributed. Councilmember Coogan discussed Christmas decorations and advised that Morris Township helped today putting up snowflake decorations along Speedwell Avenue; our DPW was busy putting Christmas trees in planters along Speedwell Avenue as well. There has been a cost savings on Christmas tree lights since switching over to LED lights as they only use one-third of the energy and the shells are plastic (not glass). We use approximately 6,000 lights and, in prior years, 500 bulbs need to be replaced; this year, only 40 bulbs. Councilmember Coogan added that the leaf pickups have been completed on all Borough properties, and the schools will be done this Saturday when the students are not around. In addition, DPW winterized the pool. A hot water heater needs to be replaced with a new propane powered hot water heater. In the spring they will re-roof the bathhouse. There have been five rounds of leaf collection and 319 truckloads of leaves taken to the Recycling Center.

 

?

Public Buildings & Grounds

 

Councilmember McCluskey advised that there is a new contract for our Shade Tree.

 

Councilmember McCluskey advised that this Saturday, December 4th is the opening day for Basketball.

 

?

Public Welfare, Sanitation & Sewers

 

Councilmember Fu advised that her committees will be meeting in the next two weeks and she will have reports at the next meeting. The Teen Center will be going to Mennen Arena for an ice skating event next Friday.

 

?

Ordinance & Public Utilities

 

No report.

 

?

?

PRESENTATION OF COMMUNICATION, PETITIONS, ETC.

 

Councilmember Karr opened the meeting to the public. Hearing no one, Councilmember Karr closed the public portion.

 

?

?

ORDINANCES OF FIRST READING

Councilmember Coogan introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 14-2010

AN ORDINANCE CONCERNING SALARIES & LONGEVITY PAY

 

Councilmember Cecala seconded the motion.

Yeas: Councilmembers Karr, Cecala, Coogan, Fu, and McCluskey

Nays: None

Absent: Councilmember Zabihach

Abstain: None

Thereupon Councilmember Coogan offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on December 2, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on December 16, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember Cecala seconded the resolution. All in favor.

 

?

Councilmember Coogan introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 15-2010

AN ORDINANCE AUTHORIZING THE ACQUISITION OF THE FEE SIMPLE INTEREST IN REAL PROPERTY OWNED BY CAROLYN BUTLER DARROW, F/K/A CAROLYN ANN BUTLER, KNOWN AS BLOCK 912, LOT 32 ON THE TAX MAP OF THE BOROUGH MORRIS PLAINS AND ALSO KNOWN AND DESIGNATED AS MOUNTAIN AVENUE, MORRIS PLAINS, NEW JERSEY.

 

Councilmember McCluskey seconded the motion.

Yeas: Councilmembers Karr, Cecala, Coogan, Fu, and McCluskey

Nays: None

Absent: Councilmember Zabihach

Abstain: None

Thereupon Councilmember Coogan offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on December 2, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on December 16, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember Cecala seconded the resolution. All in favor.

 

?

Councilmember Coogan introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 16-2010

AN ORDINANCE PROVIDING FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REPEAL OF CERTAIN FEES SET FORTH IN THE FEE SCHEDULE OF THE BOROUGH OF MORRIS PLAINS, CHAPTER 2, SECTION 2-46, IN THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972".

 

Councilmember McCluskey seconded the motion.

Yeas: Councilmembers Karr, Cecala, Coogan, Fu, and McCluskey

Nays: None

Absent: Councilmember Zabihach

Abstain: None

Thereupon Councilmember Coogan offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on December 2, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on December 16, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember Karr seconded the resolution. All in favor.

?

?

?

?

?

?

Councilmember Coogan introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 17-2010

AN ORDINANCE AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF AN EXPANSION AND RECONFIGURATION OF THE EXISTING PERPETUAL EASEMENT FOR PUBLIC SANITARY SEWER PURPOSES ON BLOCK 171, LOT 1 IN THE BOROUGH OF MORRIS PLAINS, KNOWN AS 250 JOHNSON ROAD.

 

Councilmember McCluskey seconded the motion.

Yeas: Councilmembers Karr, Cecala, Coogan, Fu, and McCluskey

Nays: None

Absent: Councilmember Zabihach

Abstain: None

Thereupon Councilmember Coogan offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on December 2, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on December 16, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember McCluskey seconded the resolution. All in favor.

ORDINANCES ON SECOND READING

None.

 

?

RESOLUTIONS

 

None.

 

?

UNFINISHED BUSINESS

None.

 

?

NEW BUSINESS

 

None.

 

?

VOUCHERS

 

None.

 

?

?

?

?

?

?

Councilmember Cecala moved to adjourn the meeting at 9:34 p.m.

 

Seconded by Councilmember McCluskey. So moved.

 

?

?

?

 

Jason C. Karr, Council President

_____________________________

June R. Uhrin, Borough