City Council

Minutes of the Conference Meeting of the Borough Council held June 3rd 2021, at 7:30 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey and via Zoom. “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 2021; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 7th 2021, AND PUBLISHED IN THE MORRIS NEWS BEE AND 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 Jason C. Karr Councilmembers: Cathie Kelly, Council President Art Bruhn Salvatore Cortese (arrived at 7:34 p.m.) Joan Goddard Nancy Verga Dennis Wagner Absent: None Present: Fred Knapp, Esq., representing Borough Attorney Ursula Leo, Esq. Mayor Karr welcomed Lieutenant Michael Rolph who is representing Chief Koroski at this meeting. He also welcomed members of the public who have joined this meeting. Cannabis Discussion Councilmember Verga stated this will be a policy discussion about cannabis business licenses. Available information will be evaluated to determine appropriate classes of business licenses and then an ordinance will be drafted for formal introduction to the Council. The Planning Board will also review the ordinance. Councilmember Verga reported on the May 6th 2021 Cannabis Working Group forum and its May 13th 2021 and June 1st 2021 meetings. She referred to doing research, a Cannabis Regulatory Commission (CRC) meeting, compilation of feedback and that she shared a recommendation with the Mayor and Council today. Councilmember Verga highlighted certain portions of their recommendation, including a visit to a cannabis cultivation manufacturing and retail location in Woodbridge, New Jersey; outreach to municipalities with existing cannabis businesses to identify best practices and information on community impact; worked with an environmental consultant; attended some industry forums; tracking of decisions made by other Morris County municipalities among other efforts to learn more about issues and concerns being raised by others and stayed aware of CRC meetings and information. Issues related to Borough zoning business vacancies were discussed with Borough professionals. No other municipality appropriately comparable to Morris Plains was identified. She spoke about the 180-day timeline and what that means for making a decision. Councilmember Verga provided specific information regarding certain issues that have yet to be fully explored. She read the list of recommendations being made by the Borough’s Cannabis Working Group: 1. To wait until more information is available before additional consideration is given to permitting cannabis business licenses in the Borough. She mentioned Ordinance 18-2018 passed by the Borough Council in 2018 and the decision it states; she read this ordinance. This ordinance is now null and void. 2. Zoning in the Borough does not currently support Class I cultivation or Class II manufacturing due to proximity to residential zones. There was a strong interest in Class III (wholesale) and Class IV (distribution) business licenses due to existing vacancies in the Borough. There was also interest in Class V (retail) and Class VI (delivery licenses); however, more information must become available relating to a number of concerns. 3. The ordinance must address how to adequately protect children and teenagers. 4. After the Cannabis Regulatory Commission (CRC) publishes all State regulations relating to recreational cannabis, the Working Group may meet again with the Borough Professionals if desired by the Borough Council to further review which, if any, business class is best for the Borough. Councilmember Verga asked for comments and opinions from the Councilmembers. Since marijuana has been legalized, she said that commentary ideally should be limited to the need to make a policy decision versus issues pertaining to the morality or other points of about the use of marijuana. Councilmember Kelly said she believes it is very important to keep it away from children; she also mentioned this and the conflict created when, on the other hand, teaching children to stay away from drugs. Councilmember Cortese spoke about his desire to be able to opt out before or at the time of the August deadline and then be able to opt back in without any fines when the Borough desires to do so. He believes more State regulation information is needed. Councilmember Kelly said she fully supports medical marijuana. Councilmember Verga said there will be no distinction between medical and recreational. Any facility will be permitted to do either or both; licensing will be “for everything.” Mr. Knapp said a municipality can opt out and later opt back in. If a municipality opts in, it is bound by this decision for five years. Councilmember Goddard commended the work of the Working Group in such a short period of time. She agrees with a decision to opt out now – there just is not sufficient information to make an informed decision for Morris Plains. Councilmember Bruhn said he agrees with everything Councilmember Goddard said. Councilmember Wagner thanked Councilmember Verga for her leadership with the Working Group. He, too, wishes to opt out for now, adding that 95 percent of Morris County municipalities that have made a decision have done so. He spoke about the Class III wholesale license or a distribution license in the future. Mayor Karr said there will still be a need to move forward on this subject. Some licenses such as for warehousing may be acceptable. At this time he does not support cannabis retail in the Borough. Councilmember Cortese said the opinions voiced about delaying should not be taken to mean the Borough “does not want anything.” There are too many unknowns to make a good decision right now. Councilmember Verga spoke about cultivation and manufacturing issues, stating that in their investigation it has been said anecdotally “There is an odor problem that is being addressed. Not one has been found that has said they have not had odor complaints.” This is a concern. Mayor Karr reminded that the Emilcott report does state that the odor can be controlled. Councilmember Verga commented on this matter as well as other Emilcott details related to decision and the ordinance. Mr. Knapp said he had a discussion with another attorney at his firm; regarding the issue of opting out, etc. The ordinance will need to be introduced at the next meeting. Councilmember Verga said that Jonathan wanted the Council to introduce an ordinance at this meeting instead of the next meeting. The Planning Board will have 35 days if needed to review it. Councilmember Kelly reported that Michael Franken of the National Multiple Sclerosis Society (MSS) contacted the Recreation Department because they are searching for a venue to host their annual Bike MS County Challenge on September 18th and September 19th 2021. She explained what it is they need. She would like to do this for the MSS if possible. Mayor Karr said this has been done in the past, and he sees no problem with it. EXECUTIVE SESSION Moved by Councilmember Kelly at 8:01 P. M.: BE IT RESOLVED THAT Resolution 2021-76 titled “Executive Session” be adopted. Seconded by Councilmember Cortese. So ordered. Voice Vote. All in favor. At 8:31 P.M. Councilmember Cortese moved that the Executive Session be adjourned. Seconded by Councilmember Kelly. Voice Vote. All in favor. ADJOURNMENT Councilmember Verga moved that the Conference Meeting be adjourned at 8:31 P.M. Seconded by Councilmember Cortese. Voice Vote. All in favor. ______________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk Minutes of the Regular Meeting of the Borough Council held May 20th 2021 at 8:32 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey and via Zoom PLEDGE OF ALLEGIANCE AND PRAYER “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 2021; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 7th 2021, AND PUBLISHED IN THE MORRIS NEWS BEE AND 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.” NOTICE OF MEETING MORRIS PLAINS BOROUGH COUNCIL MEETING SCHEDULED FOR Thursday June 3, 2021 WILL BE CONDUCTED IN PERSON WITH REMOTE ZOOM AND TELEPHONE CALL-IN OPTIONS PLEASE TAKE NOTICE THAT the Morris Plains Borough Council meeting presently scheduled for June 3, 2021 will be conducted in person with social distancing requirements being observed and with REMOTE Zoom meeting and telephone call-in options from off-site locations due to the ongoing State of Public Health Emergency pursuant to the New Jersey Governor’s Executive Orders, COVID-19 public health concerns and social distancing requirements. The meeting will be held at Morris Plains Borough Hall, Council Chambers, 531 Speedwell Avenue, Morris Plains at 7:30 p.m. Formal action will be taken. To comply with the social distancing requirements established by the Governor through Executive Order, the maximum number of persons permitted in the Council Chamber is 35% of the maximum seating capacity, subject to a minimum social distancing requirement of six-feet between all persons. As a result of those requirements, fifteen (15) members of the public can be physically present at the meeting in addition to the Mayor, Borough Council, and Borough staff/professionals. To reserve a seat, please call the Borough Clerk at (973) 538-2224. Any documents that would be viewed or made available to members of the public physically present at the meeting shall be made available in advance of the public meeting for download on the Borough’s website, www.morrisplainsboro.org and made visible during a Zoom video broadcast of the public meeting. The Borough of Morris Plains will set aside the first hour of its public meeting on Thursday, June 3, from 7:30PM to 8:30PM to educate residents about local action the Borough must consider regarding permitting or not permitting cannabis business licenses under the recently enacted state law legalizing marijuana. There also will be an opportunity for residents and business owners to comment. The agenda for the forum includes a presentation on the recently enacted law, a review of the business licenses which can be permitted, and the actions the Borough Council must take prior to August 22, 2021 deadline to either open Morris Plains to such businesses or prohibit their establishment. The Borough Council will follow its normal protocol for this meeting which means that there will be an opportunity for public comment participation. Residents and members of the public participating remotely will be able to ask questions or comment on the discussion when the public comment section is announced, either by audio and video in the Zoom remote format or by audio in a telephone call-in format. Until the public comment portions of the meeting, members of the public participating remotely will be muted. Once the public portions of the meeting are concluded, members of the public will be again muted. Please note that while muted, members of the public will still be able to hearing the Mayor and Borough Council conducting business. In advance of the remote public meeting, members of the public may submit public comments or questions to the Mayor and Borough Council in written letter form, or by contacting the Borough Clerk by email at rdenman@morrisplainsboro.org prior to the meeting up until 4:00 p.m. on the day of the meeting. All public comments and questions submitted in advance must include the individual’s name and address. If residents and members of the public encounter problems in submitting questions or comments remotely during the public meeting, they may submit such questions and comments to the Borough Council via email to the Borough Clerk at rdenman@morrisplainsboro.org. Questions and comments must be submitted via email by Midnight on the date of the meeting, in order to be included in the record of the meeting.  The Meeting Agenda and Consent Calendar will be available at www.morrisplainsboro.org Morris Plains Borough Council Meeting Time: June 3, 2021 - Meetings typically run two hours Conference Session starts at 7:30PM Regular Session starts at 8:30PM If an Executive Session is needed, the Borough Council will depart the meeting during the Conference Session for a confidential Closed Executive Session and will return at 8:30PM for the Regulation Session. If a second Executive Session is needed during the Regular Session, the Borough Council will depart the meeting during the Regular Session and upon adjournment of the Closed Executive Session will return to the meeting to conclude the Regular Session. There are two options for joining the meeting: 1 - Join Zoom Meeting URL from computer or mobile device with Wi-Fi: https://us02web.zoom.us/j/82787644794?pwd=MTU5SGlZcDhDY0ZPMWh5ZEZHbk4wZz09 Meeting ID: 827 8764 4794 Password: 049102 It is recommended that you download the app on your computer or mobile device prior to the meeting. 2 - Dial in by cell phone or landline (audio only): 1-929-436-2866 Meeting ID 827 8764 4794 Password 049102 The Meeting Agenda and Consent Calendar will be available at www.morrisplainsboro.org Present on Roll Call: Mayor Jason C. Karr Councilmembers: Cathie Kelly, Council President Art Bruhn Salvatore Cortese Joan Goddard Nancy Verga Dennis Wagner Present: Fred Knapp, Esq., representing Borough Attorney Ursula Leo Absent: Leon Hall, Borough Engineer Mayor Karr welcomed all members of the public attending this meeting remotely and provided informational guidance relating to the meeting, including how to participate during all public portions of the meeting. APPROVAL OF MINUTES Councilmember Kelly moved: BE IT RESOLVED THAT the minutes of the Special Meeting of April 24th 2021 be approved. Seconded by Councilmember Wagner. So ordered. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None Councilmember Kelly moved: BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meetings of May 6th 2021 be approved. Seconded by Councilmember Goddard. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None APPROVAL OF CONSENT CALENDAR Councilmember Kelly moved: REPORTS None Resolution 2021-77 entitled, “DORE ART CORPORATION A.B.C. LICENSE, STATE LICENSE NO. 1423-33-001-003.” Resolution 2021-78 entitled, “JO-LYN LIQUORS, INC. A.B.C. LICENSE, STATE LICENSE NO. 1423-44-003-003.” Resolution 2021-79 entitled, “MORRIS PLAINS 1, LLC A.B.C. LICENSE, STATE LICENSE NO. 1423-33-005-009.” Resolution 2021-80 entitled, “NOFITO LLC A.B.C. LICENSE, STATE LICENSE NO. 1423-33-004-003.” Resolution 2021-81 entitled, “WATNONG POST NO. 3401, V.F.W. A.B.C. LICENSE, STATE LICENSE NO. 1423-33-001-003.” Resolution 2021-82 entitled, “KRIS INVESTMENTS, LLC A.B.C. LICENSE, STATE LICENSE NO. 1423-44-002-007.” Having requested and received the following quotes for fluorescent light fixtures in Borough Annex building from the following: Dennis Dondero Electric, Inc. $4,920.00 Horan Electric $4,000.00 Esposito’s Electric No Quote A purchase order be issued to Horan Electric, 9 Kathleen Place, Morris Plains, New Jersey, in the amount of $4,000.00. Seconded by Councilmember Cortese. Yeas: Councilmembers Bruhn, Cortese, Goddard, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr thanked everyone who assisted with the Memorial Day Parade last Saturday. The Parade was well received and well worth all the effort. PUBLIC INVITATION FOR DISCUSSION Mayor Karr opened the meeting to the public for any discussion; he provided detailed information on how the public can participate. There were no e-mail comments/questions. Seeing no one wanting to address the Governing Body, Mayor Karr closed this public portion of the meeting. REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS Finance Councilmember Bruhn reported on the work being performed by the Clerk’s Office staff. Councilmember Bruhn thanked the Department of Public Works (DPW) staff for their assistance in installing the plexiglass in the Borough buildings in order for the buildings to open to the public. Borough Hall and the Annex will be open three days a week (Mondays, Wednesdays, and Fridays) in June. In July they will be open full time with regular hours. The Community Center will open on the 14th for their normal four-day week; evening activities at the Center will resume. Public Safety Councilmember Cortese reported on the Memorial Day Parade and how wonderful it was to see the many people who came out in the rain to honor those who died protecting our country and rights. Councilmember Cortese mentioned that Lt. Rolph is a Marine. Councilmember Cortese congratulated Joseph Kohl on his promotion from probationary officer to full-time police officer. Police Department’s Report Police Lieutenant Mike Rolph is at the meeting tonight representing Chief Koroski. Lieutenant Rolph reported on the body-worn camera program, including that the State will reimburse $42,798 of the total cost of $56,965 for the cameras. The Council will need to enact an ordinance accepting this monetary award from the State. Lieutenant Rolph reported that the Junior Police Academy starts on June 23rd 2021, ending on July 2nd 2021. Office Ferris and others will be involved with this program and graduation will occur on July 2nd 2021. Lieutenant Rolph reported on OEM and the Red Cross and coordination of responses to disasters. Lastly, Lieutenant Rolph agreed the Memorial Day Parade was a successful event. Mayor Karr thanked him and the Department for their assistance at the Parade and for being at this meeting. Public Works Councilmember Wagner reported on the DPW’s help in connection with the Parade. Councilmember Wagner thanked the DPW staff for their work in installing the plexiglass shields. Councilmember Wagner reported on the activities of the Beautification Committee, Go Morris Plains, the Scoop Station and the partnership with the Borough’s businesses. Councilmember Wagner hopes to be able to post information about the businesses on the website soon, probably no later than early July. Public Buildings & Grounds Councilmember Kelly reported on key points and highlights of Ms. Denise Beckman’s presentation at the last Recreation Commission meeting in late May. The presentation related to Borough paths, trails and parks and how to possibly enhance and beautify these areas. Councilmembers Goddard, Verga and Wagner have also spoken with Ms. Beckman about her proposals. Councilmember Kelly reported on Summer Camp, Teen Camp, Camp Counselors, campers use of the Pool, very local destination trips and various summer programs. Councilmember Kelly reported on upcoming Family Day festivities, including the for the new fire truck. Councilmember Kelly reported that a new sign is being donated to Roberts Garden by a Morris Plains resident. Councilmember Kelly reported 555 Speedwell Avenue is now home to the Fire Department administrative offices, including fire prevention; she thanked Chief Kevin Rongo and Fire Marshal Chris Shay. Councilmember Kelly also commented on the success of the Memorial Day Parade and thanked all. Public Health, Sanitation & Sewers Councilmember Goddard also commented on the Memorial Day Parade and this annual tradition and congratulated Police Officer Kohl. Councilmember Goddard reported on Education Foundation activities, including a garden tour that will take place on Saturday, July 10th 2021 from 10:00 A.M. to 3:00 P.M. Information will be on the Friday e-mail and tickets are $20. Councilmember Goddard reported on the May 22nd 2021 rabies clinic advising that the online registration was quite successful and that the 2022 clinic will be held in January with the online registration available. Councilmember Goddard reminded of the upcoming June 8th 2021 New Jersey primary. Ordinance & Public Utilities Councilmember Verga reported on the new website and Facebook page which was launched this month. The official website launch is set for mid June. Councilmember Goddard thanked webmaster Melissa Gibson for her work on these two media sites. Councilmember Verga thanked the members of the Cannabis Working Group for their time and efforts and is waiting more State guidance, regulations and best practices and supporting the decision to opt out for now and to “revisit after we get that information.” This will allow the Borough to opt out of everything for now, meet the 180-day deadline and to revisit. Councilmember Verga reported the permanent outdoor dining ordinance is still under review. Councilmember Verga reported on the work being done in the Construction Office, including OPRA requests and her hope for being able to place maps and renderings for Borough construction projects on the website. Councilmember Verga reported on Pride Month. PRESENTATION OF COMMUNICATIONS, PETITIONS, ETC. Mayor Karr asked if anyone had any communications, petitions or anything else to present. Seeing no one he closed this portion of the meeting. INTRODUCTION OF ORDINANCES None. ORDINANCES ON SECOND READING Councilmember Verga read by title the ordinance entitled: ORDINANCE NO. 9-2021 AN ORDINANCE REVISING THE STORMWATER CONTROL ORDINANCE, SECTION 13-4.16 OF THE CODE OF THE BOROUGH OF MORRIS PLAINS which ordinance was introduced and passed on First Reading at a meeting held on May 20th 2021. The Mayor announced that the meeting was open for a public hearing on the ordinance. Seeing no one and no e-mails having been received by the Clerk, the Mayor closed the public hearing. Councilmember Verga stated that the above ordinance as read by title on Second Reading at this meeting be adopted and finally passed. Seconded by Councilmember Cortese. So ordered. Yeas: Councilmembers Bruhn, Cortese, Goddard, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr said this ordinance is required by the New Jersey Department of Environmental Protection (NJDEP) and updates the Borough’s storm water management. He declared the ordinance adopted and finally passed. RESOLUTIONS None. UNFINISHED BUSINESS None. NEW BUSINESS None. VOUCHERS None. EXECUTIVE SESSION Moved by Councilmember Kelly at 9:11 P. M.: BE IT RESOLVED THAT Resolution 2021-76 titled “Executive Session” be adopted. Seconded by Councilmember Verga. So ordered. Voice Vote. All in favor. At 9:58 P.M. Councilmember Kelly moved that the Executive Session be adjourned. Seconded by Councilmember Cortese. Voice Vote. All in favor. ADJOURNMENT Councilmember Kelly moved that the Regular Meeting be adjourned at 9:58 P.M. Seconded by Councilmember Goddard. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk