Meeting Agendas & Minutes

Regular Council Meeting Minutes 05/05/11

Minutes of the Conference Meeting of the Borough Council held May 5, 2011, 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 2011; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 6TH 2011, 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 Suzanne B. McCluskey
Councilmembers:           Joseph Cecala, Jr.George J. Coogan                                     Laurie J. FuJason C. KarrRoman Zabihach 
Also Present: Gail Fraser, Esq., Borough Attorney  
DISCUSSION ITEMS Mayor Druetzler stated that he anticipates Plains Talk will be mailed next week. Mayor Druetzler advised that Al Adams, Morris Plains Tax Assessor, has submitted his resignation, effective June 30, 2011. 
    

EXECUTIVE SESSION

 Moved by Councilmember Coogan:               BE IT RESOLVED THAT Resolution No. 2011-62 entitled, “Executive Session” be adopted.  
Seconded by Councilmember Karr.  So ordered.    
Councilmember McCluskey moved to adjourn the meeting at 8:17 p.m. Seconded by Councilmember Coogan.   So moved.   
                                                                                                                                                            Frank J. Druetzler, Mayor
_____________________________
June R. Uhrin, Borough Clerk


 

 

Minutes of the Regular Meeting of the Borough Council held on May 5, 2011, at 8:30 p.m. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey. Pledge of Allegiance and Prayer. 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 2011; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 6TH 2011, 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 Suzanne B. McCluskey

Councilmembers:          

Joseph Cecala, Jr.

George J. Coogan

Laurie J. Fu                                   

Jason C. Karr

Roman Zabihach 

Also Present: Gail Fraser, Esq., Borough Attorney

APPROVAL OF CONSENT CALENDAR 

Councilmember McCluskey 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:

REPORTSPolice Department, April 2011                                

BE IT FURTHER RESOLVED THAT Resolution No. 2011-63 entitled, “2011 BUDGET EXAMINATION PROGRAM,” be adopted as attached. 

THAT Resolution No. 2011-64 entitled, “THE MENTAL HEALTH ASSOCIATION OF MORRIS COUNTY RAFFLE APPLICATION NO. 229-11,” be adopted as attached. 

THAT Resolution No. 2011-65 entitled, “RESOLUTION CONSENTING TO THE APPLICATION OF MR. AND MRS. ROBERT DOHERTY FOR WATER SERVICE OUTSIDE THE DISTRICT OF THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY,” be adopted as attached. 

THAT the Morristown High School Volleyball Team, be granted permission to solicit donations on Saturday, June 11th 2011, in the Merchant Block, from 8:00 AM to 2:00 PM. 

THAT Jerry Rota be granted permission to serve alcoholic beverages at a Picnic to be held Saturday, August 27th 2011, from 12:00 Noon to 7:00 P.M., at Community Park. 

THAT the Borough Council authorize the release and return of the Street Opening Permit Bond, Jeanne Wiseman, in the amount of $300.00, per the Borough Engineer’s correspondence dated May 2nd 2011. 

THAT the attached be hired for the 2011Summer Recreation Enhancement programs at the position and salary stated, effective June 1st 2011 

THAT the Mayor and Clerk be and they are hereby authorized to execute with ARC Morris Plains, LLC, a written abandonment and release, in recordable form approved by the Borough Attorney, of the ARC Morris Plains, LLC application for development contained in Morris Plains Planning Board Application PB-05-05, which was approved by the Morris Plains Planning Board on February 27, 2006 in Resolution 06-05, and the Developer’s Agreement recorded on September 24, 2007 in Book 20924, Page 894.” 

THAT having received bids for the Furnishing, Delivery & Installation of one Air Handler and One Ten Ton Condensing Unit, that a contract be awarded to Air Group, Whippany, NJ for their low responsible and responsive bid of $23,310.00, and authorizes the Mayor and Clerk to execute the necessary contract in the form approved by the Borough Attorney. 

THAT having received bids for the Furnishing & Delivery of a Zero Turn All Wheel Drive Mower with Attachment/Accessories, that a contract be awarded to Morris County Power Equipment, Morristown, NJ for their low responsible and responsive bid of $36,569.82, and authorizes the Mayor and Clerk to execute the necessary contract in the form approved by the Borough Attorney. 

THAT the resignation of Robert Beller, Community Center Coordinator be accepted effective May 31st 2011. 

Seconded by Councilmember Coogan. 

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

Nays:     None

Abstain:         None

Absent: None 

GREETING OF PUBLIC AND INVITATION FOR DISCUSSION 

Mayor Druetzler opened the meeting to the public.   Dan Kanter, Sun Valley Way resident, inquired about a bond ordinance recently published and Mayor Druetzler provided information about the projects.   

Frank Mangravite, Janeway Place, commended Mayor and Council for the Community Garden.  Councilmember Coogan advised Mr. Mangravite that George Ross, a member of the Beautification Committee who spearheaded the project, had indicated to the Mayor and Councilmembers that the gardeners would be told that any surplus vegetables or fruits would be accepted by the food pantry or the Battered Women’s Shelter. 

Hearing no one else, Mayor Druetzler closed the public hearing.  

REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS

Finance

Councilmember Karr stated that the shredding fundraiser held by the Morris Plains Library on Saturday, April 23, 2011 was successful.   Councilmember Karr reported that School Board elections were held on Wednesday, April 27, 2011 at the Community Center from 2:00 p.m. to 9:00 p.m.  He extended congratulations to the school board members who won.  

Public Safety

Councilmember Cecala reported that the Morris Plains Police Department and Morris County Prosecutor’s office held the drug take-back program on Saturday, April 30, 2011 from 10:00 a.m. to 2:00 p.m.  It was held at the Investor’s Savings Bank at Merchant Block. Chief Scott Thompson added that 56 pounds of pills were collected in four hours.  The Morris County Prosecutor’s Office is considering offering this program again in the fall, and Morris Plains Police Department will participate.    

Public Works

Councilmember Coogan stated that the Department of Public Works report was distributed.   They are working on the Pool House as well as the pool, trying to get it ready for the June opening.  They are also replacing the propane-powered water heater.  Councilmember Coogan added that an enclosure was built around the mulch at the playground so as to avoid getting washed away during rain showers.    

Public Buildings & Grounds

 Councilmember McCluskey reported that the Recreation Commission met last Thursday, April 28, 2011.  They held an evening registration for Summer Camp and Enhancement Programs.  The theater program has 40 participants and registration is now closed.   Councilmember McCluskey reported that the Commissioners decided to have a warm-up band prior to Chris Gardner’s performance at Family Day.   Councilmember McCluskey reported that there are five summer concerts scheduled at Roberts Garden and one is scheduled for a pool party on June 16, 2011.   Councilmember McCluskey reported that the yoga and boot camp programs will continue this summer, but will only be available in the evening.   A recreation summer basketball program was started last year and will continue this summer.   They will be participating with different leagues from surrounding communities.   Councilmember McCluskey reminded that pool fees go up May 16, 2011 and summer camp fees go up June 1, 2011.  

 

Public Welfare, Sanitation & Sewers

 Councilmember Fu advised that the Teen Center Committee met on April 26, 2011 and they are planning their next event on May 13, 2011 for the 6th, 7th and 8th graders.  Requests for a tetherball pole and a volleyball net were discussed and the Department of Public Works will be asked to put anchors in the ground.  These items will be used by the Teen Center and participants of the summer recreation program.  The members were happy about the new steps done by the Department of Public Works.  Registration materials for next year are being created.  Fifth Grade Step-Up night will take place on Friday, June 10, 2011 at the Teen Center house; parent orientation will be on Wednesday, June 1, 2011 at Borough School.  There are approximately 82 students in the upcoming 5th grade class; classes have usually averaged approximately 60 students.   Councilmember Fu advised that the Municipal Alliance has a Senior Lunch and Learn on Monday, May 16, 2011.  It will be a breakfast meeting at 10:00 a.m. and Angel Duncan will speak on healthy eating and longevity.   The DARE graduation will be held May 26, 2011 at 10:00 a.m. at Borough School.     

Ordinance & Public Utilities

 Councilmember Zabihach stated that the Board of Adjustment met Monday, April 25, 2011 and there are two items on the agenda.  The first applicant requested a variance to construct a two-story garage on West Hanover; changes were required in order for the application to be granted and it was conditioned that the garage would not be used as a residence.  The second applicant, EJK, requested three variances; one variance was withdrawn by the applicant, the sign variance was denied by the Board and the site plan variance was approved with conditions by the Board.    Councilmember Zabihach advised that he attended the Whippany River Watershed Action Committee meeting.  On June 11, 2011 the Committee will visit the various improvements that were implemented as a result of the Troy Brook flooding.  A study was performed by Rutgers relative to extensive flooding over the years.  Anyone requesting more information can e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..    

PRESENTATION OF COMMUNICATION, PETITIONS, ETC. 

Mayor Druetzler opened the meeting to the public. Hearing no one, Mayor Druetzler closed the public portion.   

ORDINANCES OF FIRST READING Councilmember Zabihach introduced the following ordinance and read the same by title and moved that it be passed on first reading. 

ORDINANCE #8-2011BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF VARIOUS ROADS IN AND BY THE BOROUGH OF MORRIS PLAINS, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $375,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $325,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION. 

Councilmember McCluskey seconded the motion. 

Mayor Druetzler stated that this bond ordinance covers paving Harris Avenue, Layer Drive, Sun Valley to the first speed table, and part of parking Lot 1, drainage improvements on Old Wood Road, and sidewalks on Morris Plains Avenue and Watnong Drive.   

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

Nays:              None

Abstain:         None

Absent:          None 

Thereupon, Councilmember Zabihach offered the following resolution:            

WHEREAS, the above ordinance was introduced and read by title at this meeting on May 5, 2011 and passed on first reading.            

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on May 19, 2011 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 therefore, 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 Zabihach introduced the following ordinance and read the same by title and moved that it be passed on first reading. 

ORDINANCE NO. 9-2011AN ORDINANCE AMENDING ORDINANCE NO. 14-2010 CONCERNING COMPENSATION FOR RECREATION DIRECTOR AND CREATING RECREATION COORDINATOR POSITION

Councilmember McCluskey seconded the motion.

Mayor Druetzler stated that the Recreation Commission made a recommendation to add the position of Recreation Coordinator. 

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

Nays:              None

Abstain:         None

Absent:          None 

Thereupon, Councilmember Zabihach offered the following resolution:             WHEREAS, the above ordinance was introduced and read by title at this meeting on May 5, 2011 and passed on first reading.            

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on May 19, 2011 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 therefore, 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.   

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

ORDINANCE NO. 10-2011AN ORDINANCE ACCEPTING A PERPETUAL CONSERVATION EASEMENT DEDICATED AND CONVEYED TO THE BOROUGH OF MORRIS PLAINS ON BLOCK 171, LOTS 39, 40, 41 & 42 (N/K/A BLOCK 171, LOT 39) IN THE BOROUGH OF MORRIS PLAINS.         

Councilmember Coogan seconded the motion. 

Mayor Druetzler stated that N/K/A stands for “Now Known As.”  This is the parcel where the townhomes will be built; the Conservation Easement includes a stream that is conveyed to the Borough.  

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

Nays:              None

Abstain:         None

Absent:          None

Thereupon, Councilmember Zabihach offered the following resolution:            

WHEREAS, the above ordinance was introduced and read by title at this meeting on May 5, 2011 and passed on first reading.            

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on May 19, 2011 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 therefore, 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.   

ORDINANCES ON SECOND READING 

Councilmember Zabihach read by title the ordinance entitled:

ORDINANCE # 6 - 2011BOND ORDINANCE APPROPRIATING $210,000, AND AUTHORIZING THE ISSUANCE OF $195,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF MORRIS PLAINS, IN THE COUNTY OF MORRIS, NEW JERSEY. which ordinance was introduced and passed on first reading at a meeting held on April 21, 2011. 

The Clerk read the following notice:  Notice is hereby given that the following ordinance was submitted in writing at a meeting of the Mayor and Borough Council of the Borough of Morris Plains on April 21, 2011, introduced and read by title and passed on first reading, and that the said Governing Body will further consider the same for second reading and final passage thereof at a regular meeting beginning at 8:30 P.M., on May 5, 2011 at the Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey, in said Borough at which time and place a public hearing will be held thereon by the Governing Body and all parties in interest and citizens and all persons shall have an opportunity to be heard concerning said ordinance. 

Councilmember Zabihach read the following notice and ordinance by title and stated that the Notice and Ordinance had been published as required by law that the ordinance had been posted on the bulletin board in the Municipal Building and that copies had been made available to members of the general public. 

Mayor Druetzler announced that the meeting was open for a public hearing on the ordinance and stated that any taxpayer of the Borough of Morris Plains and all parties and persons in interest and citizens may be heard. 

Mayor Druetzler explained this ordinance funds the purchase of Road Department equipment, a small piece of property on Watnong Avenue, and installing lighting and pavers on Speedwell Avenue from Academy to Morris Plains Avenue and in front of the train station. 

Dan Kanter, Sun Valley Way resident, commented that he would rather see the funds for these projects be used for sidewalks.

Seeing no one else, Mayor Druetzler closed the Public Hearing.

Thereupon Councilmember Zabihach offered the following Resolution and moved its adoption:

RESOLVED, That the above ordinance as read by title on Second Reading, at this meeting, be adopted and finally passed. 

Councilmember Karr seconded the motion. 

Mayor Druetzler ordered the Clerk to call the roll on the passage thereof and the vote was as follows: 

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

Nays:     None

Absent: None

Abstain:         None 

Mayor Druetzler declared the ordinance adopted and finally passed, approved the same and ordered the Clerk to publish the proper notice thereof in the newspaper and to record the ordinance in the proper place.

Councilmember Zabihach read by title the ordinance entitled: ORDINANCE NO. 7-2011AN ORDINANCE TO PROVIDE FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REVISION OF CHAPTER 17, ENTITLED PERSONNEL PRACTICES, OF THE “REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972” INCLUDING CERTAIN PROVISIONS RELATING TO ARTICLE 1, ANNUAL VACATIONS, ARTICLE 2, HOLIDAYS, ARTICLE 3, LEAVES OF ABSENCE, ARTICLE 4, HOURS OF WORK, ARTICLE 8, LONGEVITY, ARTICLE 9, PERSONAL DAYS, ARTICLE 11, DISCIPLINARY POLICY. which ordinance was introduced and passed on first reading at a meeting held on April 21, 2011.

The Clerk read the following notice:  Notice is hereby given that the following ordinance was submitted in writing at a meeting of the Mayor and Borough Council of the Borough of Morris Plains on April 21, 2011, introduced and read by title and passed on first reading, and that the said Governing Body will further consider the same for second reading and final passage thereof at a regular meeting beginning at 8:30 P.M., on May 5, 2011 at the Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey, in said Borough at which time and place a public hearing will be held thereon by the Governing Body and all parties in interest and citizens and all persons shall have an opportunity to be heard concerning said ordinance. 

Councilmember Zabihach read the following notice and ordinance by title and stated that the Notice and Ordinance had been published as required by law that the ordinance had been posted on the bulletin board in the Municipal Building and that copies had been made available to members of the general public. 

Mayor Druetzler announced that the meeting was open for a public hearing on the ordinance and stated that any taxpayer of the Borough of Morris Plains and all parties and persons in interest and citizens may be heard. 

Mayor Druetzler stated that it is the recommendation of Councilmembers McCluskey, Karr and Coogan to update the personnel manual.  Mayor Druetzler thanked them for all their hard work. 

Seeing no one, Mayor Druetzler closed the Public Hearing. 

Thereupon Councilmember Zabihach offered the following Resolution and moved its adoption:

RESOLVED, That the above ordinance as read by title on Second Reading, at this meeting, be adopted and finally passed. 

Councilmember Karr seconded the motion. 

Mayor Druetzler ordered the Clerk to call the roll on the passage thereof and the vote was as follows: 

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

Nays:     None

Absent: None

Abstain:         None 

Mayor Druetzler declared the ordinance adopted and finally passed, approved the same and ordered the Clerk to publish the proper notice thereof in the newspaper and to record the ordinance in the proper place.

RESOLUTIONS

Moved by Councilmember Karr:               BE IT RESOLVED THAT Resolution No. 2011-66 entitled, “Resolution Replacing the Existing “personnel Policies and Procedures Manual” of the Borough of Morris Plains, Revised through December 7, 2006, with a New, Updated “Personnel Policies and Procedures Manual” dated March 2011 be adopted.   

 Seconded by Councilmember McCluskey.  So ordered.    

UNFINISHED BUSINESS 

BUDGET ADOPTION 

Councilmember Karr moved the adoption of the 2011 budget.

Councilmember Coogan seconded the motion.   

Mayor Druetzler opened the meeting to the public.   

Mayor Druetzler advised that the total budget for 2011 is $12,505,026.00 with a $180,818.00 increase or 1.46 percent increase.  This budget falls under the two percent cap.  Mayor Druetzler thanked the employees for sacrificing salary increases.  The tax effort is $9,611,353.00, which is a $249,999.00 increase or 2.67 percent increase.  This budget represents a $25,000.00 increase in snow costs; $70,000.00 decrease in income; $133,000.00 increase in pension costs; and $32,000 increase in health care costs.  There are no new programs and the Governing Body strived to maintain services to the residents in this budget.  Mayor Druetzler thanked the Governing Body, David Banks, Borough Treasurer, Ana Thomas, Assistant Treasurer, Bill Schroeder, Borough Auditor, and the Borough employees.   

Mayor Druetzler closed the public hearing. 

Mayor Druetzler ordered the Clerk to call the roll on the passage thereof and the vote was as follows: 

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

Nays:         None

Absent:     None

Abstain:    None  

NEW BUSINESSNone.    

VOUCHERSNone.   

Councilmember Karr moved to adjourn the meeting at 8:40 p.m.

Seconded by Councilmember Cecala.   So moved.    

 

 

                                                                                                                                                Frank J. Druetzler, Mayor  

 

 

 _____________________________

June R. Uhrin, Borough Clerk