Meeting Agendas & Minutes

Regular Council Meeting Minutes 08/18/11

Minutes of the Conference Meeting of the Borough Council held August 18, 2011, at 7:32 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: George J. Coogan

   Laurie J. Fu

  Jason C. Karr

  Roman Zabihach

Absent: Councilmember Joseph Cecala, Jr.

Also Present: Gail Fraser, Esq., Borough Attorney DISCUSSION ITEMS

Mayor Druetzler stated that Councilmember Cecala is on vacation.

Mayor Druetzler reported that Engineer Leon Hall, P.E., will be reporting on Madison Avenue this evening. His report will include lot boundaries and permissible improvements.

Mayor Druetzler and Councilmembers discussed the procedures to file the Best Practices Questionnaire, and the Municipal Clerk will submit same along with a Certification.

Mayor Druetzler stated that the Affordable Housing Agreement between Morris Plains and Hanover Township is being reviewed.

Councilmember Zabihach reported that the Ordinance Committee met to discuss minor amendments to the Borough Code and Land Development Ordinance; he will send Mayor and Council a memo outlining these items.

Councilmember Karr stated that the new timesheets will be discussed at a meeting with employees on Tuesday, August 30, 2011. The Police Department and Department of Public Works have their own timesheets.

Councilmember Zabihach reported that a meeting took place with the Whippany Watershed to discuss dredging the pond by the Community Garden. Another meeting will be scheduled to discuss potential grant money.

EXECUTIVE SESSION

Moved by Councilmember Coogan:

BE IT RESOLVED THAT Resolution No. 2011-99 entitled, "Executive Session" be adopted.

Seconded by Councilmember Zabihach. So ordered.

Councilmember McCluskey moved to adjourn the meeting at 8:25 p.m.

Seconded by Councilmember Zabihach. So moved.

Frank J. Druetzler, Mayor

_____________________________

June R. Uhrin, Borough Clerk

Minutes of the Regular Meeting of the Borough Council held on August 18, 2011, at 8:34 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: George J. Coogan

    Laurie J. Fu

    Jason C. Karr

    Roman Zabihach

Absent: Councilmember Joseph Cecala, Jr.

Also Present: Gail Fraser, Esq., Borough Attorney

Leon C. Hall, P.E., Borough Engineer

Mayor Druetzler announced that Councilmember Cecala will not be at this meeting as he is vacationing in Aruba.

APPROVAL OF MINUTES

Councilmember McCluskey moved:

BE IT RESOLVED that the minutes of the Executive, Conference and Regular Meeting of July 21, 2011 be approved.

Seconded by Councilmember Coogan. So ordered.

 

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:

REPORTS

Municipal Court, July 2011

Animal Control, July 2011

Police Department, July 2011

Fire Prevention, July 2011

Tax Collector, July 2011

Treasurer, July 2011

Tipping Fees, July 2011

BE IT FURTHER RESOLVED

THAT Resolution No. 2011-100 entitled, "RESOLUTION CONSENTING TO THE SALE OF WATER BY THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY TO THE BOROUGH OF WHARTON," be adopted as attached. THAT the Morris Plains Little League be granted permission to serve alcoholic beverages at a Picnic to be held Saturday, September 24th 2011, from 3:00 PM to 10:00 P.M. at Community Park.

THAT Sylvia Fuentes, be hired as a part time Deputy Court Clerk, for Municipal Court at an hourly rate of $16.00, effective July 26th 2011.THAT the residents of Coursen Way, Mountain Way, Tower Hill Road, Holiday Drive and Stony Brook Drive be granted permission to hold a Block Party on Saturday, September 10th 2011, from 1:00 P.M. to Dark and that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricades.

THAT the Morristown High School Girls Soccer Team, be granted permission to solicit donations on Saturday, September 24th 2011, in the Merchant Block, from 8:00 AM to 12:00 PM.

THAT the Borough Council authorize the release and return of the Maintenance Bond No. 81929507, landscaping improvements to McNeil-PPC, subsidiary of Johnson & Johnson, per the Borough Engineer’s correspondence dated July 25th 2011.

THAT the Borough Council authorize the release and return of the Maintenance Bond No. 81929506, landscaping improvements to McNeil-PPC, subsidiary of Johnson & Johnson, per the Borough Engineer’s correspondence dated July 26th 2011.

THAT Turn The Towns Tealâ be granted permission to tie teal ribbons on the trees along Speedwell Avenue in recognition of National Ovarian Cancer Awareness Month, September 2011.

THAT the residents of Overlook Trail be granted permission to hold a Block Party on Saturday, September 16th 2011, from 4:00 P.M. to 9:00 P.M., that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricades.THAT the resignation of Bryan Pilipie, Patrolman Morris Plains Police Department be accepted effective August 31st 2011.

THAT RPI Design Build be granted permission to hold the 4th Annual Morris Habitat for Humanity 5K Run, Thursday, September 8th 2011 beginning at 6:30 P.M. and that the Police Department provide the necessary support.THAT

the Borough Clerk be and she hereby is authorized to advertise for an Auction to be held on Saturday, September 17th 2011, at 10:00 A.M., at the Department of Public Works, 10 Borough Terrace, for the purpose of disposing the following pieces of property at the suggested minimum bid:

Minimum Bid

One (1) 1998 Ford Trl Leaf Vac, LCT 600

Serial #05982435 $2,000.00

One (1) 1999 GMC Mason Dump, Diesel

Serial #1GDJK34F1XF040010 $2,500.00

Seconded by Councilmember Karr.

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

Nays: None

Abstain: None

Absent: Councilmember Cecala

GREETING OF PUBLIC AND INVITATION FOR DISCUSSION

Mayor Druetzler opened the meeting to the public.

Seeing no one, Mayor Druetzler closed the public hearing.

REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS

Finance

Councilmember Karr advised that the Finance Office completed the Best Practices Questionnaire. Our high score will bring more State aid to the Borough.

Public Safety

Chief Thompson reported on Police Department activities. He advised that his department is ready for the Block Party, the Share the Care Run, and all the events for the 9-11 Memorial.

Chief Thompson advised that the e-ticket program is pending State approval.

Chief Thompson reported that Sergeant Michael Koroski began the West Point Leadership Command Class at the Police Academy.

Public Works

Councilmember Coogan stated that the Department of Public Works report has been distributed. They have been clearing storm drains as part of the stormwater management program. The backstop at Borough School will be replaced next week.

Engineer Hall reported that Jo-Med will begin installing the lights, the poles and the bases along Speedwell. They will begin the ground work at the train station next week and should have the project completed shortly thereafter.

Mayor Druetzler inquired about New Jersey Natural Gas and Chief Thompson replied that they were supposed to be finished yesterday, however, they found a break in the line and had other complications which will cause them to be here for another two weeks. The milling and paving of Johnson Road and Route 10 will be completed afterward.

Engineer Hall reported on Madison Avenue and advised that Grant Homes would like to start developing their lot soon. Plans for the cul-de-sac, curbing, drainage and utilities were addressed. Lot frontage and width, tree lines, road construction and a potential subdivision were discussed. Mayor Druetzler added that he and the council can address the cul-de-sac; the other items will have to be addressed by the Board of Adjustment. Mayor and Councilmembers were in agreement with the cul-de-sac as shown on the sketch.

Engineer Hall stated that Coventry has been very active and there has been a lot of equipment and manpower there.

Public Buildings & Grounds

Councilmember McCluskey stated Little League hosted the 14th MPT Tournament for Morris Plains and surrounding communities. It is our 14th year of hosting this event.

Councilmember McCluskey stated that the Summer Theater production of God Spell was a huge success. There were 45 performers who were on stage during the whole show; the program started out six years ago with nine participants.

Councilmember McCluskey stated that the Marlins Swim Team had a successful summer and broke some 25 year records.

Councilwoman McCluskey reported that the Summer Recreation Program concluded on June 30th. The Teen Camp had six fieldtrips and offered a number of events and activities. The Super Kids Camp had over 220 registered campers. The K-2 group went to Pump It Up in Randolph, offering inflatable games. Grades 3-5 went bowling. Other events were cupcake decorating, dances, and holiday-themed activities. Over 300 students attended the last day, a swim and water slide party at the pool.

Councilmember McCluskey advised that the pool will close on Labor Day. The Firemen will not be holding their picnic at the pool this year as the date conflicts with the 9-11 Memorial.

Councilmember McCluskey advised that the Community Center was closed this week as everyone was on vacation. The Department of Public Works has been completing some projects in the Center and on the grounds. The cleaning service will do a thorough cleaning so the facility is ready for the fall.

Councilwoman McCluskey reported that the five Summer Concerts were held at Roberts Garden and none of them were rained out.

Public Welfare, Sanitation & Sewers

Councilmember Fu advised the Board of Health meeting was held on August 10th and was attended by Madison’s Health Educator, Christine Shesler, to discuss Wellness Day. It will be held Saturday, October 15th and signups are at Borough Hall on Saturday, October 1st and 8th from 10 a.m. until noon, and Wednesday, October 12th from 6:00 p.m. to 7:30 p.m. An employee of Morristown Memorial will attend to perform skin cancer screenings. Flu shots, men and women cancer screenings, blood work, blood pressure and PSA tests will be done that day. A second date for flu shots will be set up, and will be scheduled to accommodate the staff.

Councilmember Fu advised that a meeting was held with Denville to discuss the Animal Control Contract. Our Police Department stated that Meredith Petrillo does a great job, is helpful to the Police, is responsive to residents and is sensitive to animals. Billing was discussed. Another meeting will be held tomorrow with the Animal Control Officer, members of the Board of, a representative from Madison and the Chief of Police to discuss animal bite situations and the rabies clinic.

Councilmember Fu stated that the Teen Center is continuing to seek additional board members to fill vacancies. The first event, a carnival theme, will be held Friday, September 16th 2011 and will be held at the Community Center.

Councilmember Fu advised that the Municipal Alliance invited Kathy Long of Teen Pride in Morristown to make a presentation. They offer a counseling program, available at the High School, and a teen center program, held at the Salvation Army building, a place for kids to go after school. The Municipal Alliance donated $250 to aid these programs.

Councilmember Fu stated that the County informed the Municipal Alliance that they are now required to have the bank account processed through our Finance Office.

Councilmember Fu added that the Municipal Alliance’s next event, Family Day, will be held on September 26, 2011, and promotes families eating dinner together.

Councilmember Fu reported that many people attended the Recycling Center in Mine Hill yesterday and had a tour of the single stream recycling center. Another date will be scheduled for the public to be invited. A new shipment of recycling bins has been received and are available at the Recycling Center on Saturdays between 9:00 a.m. and noon. A representative from the MUA met with Chris Spillane of Foxwood to discuss their recycling needs. Mayor Druetzler agreed that watching the recycling getting sorted was ingenious.

Ordinance & Public Utilities

Councilmember Zabihach stated that he was also very impressed with the Recycling Center tour.

Councilmember Zabihach stated that the Planning Board met this past Monday, August 15, 2011. There were two applications on the agenda and both were deemed incomplete. Both applications will be heard at the September meeting.

Councilmember Zabihach stated that the Board of Adjustment will be meeting next Monday, August 22, 2011 and EJK will be on the agenda with another variance request.

Councilmember Zabihach stated that he, Mayor Druetzler, Engineer Hall and Hank Sawoski met with the Whippany River Watershed and their consultant from Princeton Hydro to look at the prospect of dredging the pond at Community Garden. DEP has been changing their procedures to provide funding, so recommendations with be reviewed to determine the best course of action to take.

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 NO. 13-2011

AN ORDINANCE FOR PUBLIC CONTRACTING ("PAY-TO-PLAY") REFORM.

Councilmember Coogan seconded the motion.

Mayor Druetzler advised that this ordinance has been mandated by the State and it is an ordinance that will prevent issues in the future.

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

Nays: None

Abstain: None

Absent: Councilmember Cecala

Thereupon, Councilmember Zabihach offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on August 18, 2011 and passed on first reading.

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on September 1, 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.

ORDINANCES ON SECOND READING

Councilmember Zabihach read by title the Ordinance entitled:

ORDINANCE NO. 12-2011

AN ORDINANCE PROVIDING FOR THE PARTIAL AMENDMENT AND SUPPLEMENTATION OF CHAPTER 14, "MISCELLANEOUS OFFENSES," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE ESTABLISHMENT OF A NEW SECTION 14-8.1 ENTITLED "INTERFERENCE WITH RETAIL OR WHOLESALE BUSINESS PRACTICES."

which ordinance was introduced and passed on first reading at a meeting held on July 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 held on July 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 special meeting beginning at 8:30 P.M., on August 18, 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 this ordinance was recommended by the Chief of Police and Prosecutor and will lessen the punishment for first offenses, such as shoplifting or writing bad checks. 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 Coogan 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, Coogan, Fu, Karr & Zabihach

Nays: None

Absent: Councilmember Cecala

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

None.

UNFINISHED BUSINESS

None.

NEW BUSINESS

Councilmember Karr reported on the Best Practices Questionnaire was completed by the Finance Committee and relates to shared services, meeting attendance, health insurance, etc. We received a 94 percent and this high score will allow us additional State aid for the following year. The Pay to Play Ordinance was introduced earlier at this meeting as it was recommended during the questionnaire process.

Councilmember Karr motioned that the Clerk send the Certification to the State. Councilmember Zabihach seconded the motion. All in favor.

VOUCHERS

Councilmember Karr moved:

BE IT RESOLVED that the following vouchers for August 2011 be approved.

Seconded by Councilmember Coogan.

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

Nays: None

Abstain: None

Absent: Councilmember Cecala

Mayor Druetzler urged all those present to view the progress being made at the 9-11 Memorial site. He discussed the two ceremonies, one for the students on Friday, September 9, 2011 at 10:00 a.m. and the other on September 11, 2011 at 2:00 p.m. There will also be a Cornhole Tournament on Saturday, September 10, 2011.

Councilmember McCluskey moved to adjourn the meeting at 9:18 p.m.

Seconded by Councilmember Karr. So moved.

Frank J. Druetzler, Mayor

____________________________

June R. Uhrin, Borough Clerk