City Council

Minutes of the Conference Meeting of the Borough Council held July 1st 2021, at 7:33 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey. “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 Joan Goddard Nancy Verga Dennis Wagner Absent: None Present: Fred Knapp, Esq., representing Borough Attorney Ursula Leo, Esq. ITEMS FOR DISCUSSION Mayor Karr asked the Councilmembers if they had any comments for the Conference Meeting. Councilmember Verga advised that part-time, temporary help is needed in the Construction Office; a job description together with the details will be prepared and published. She also gave updates on Business Development Committee discussions, including permitted zoning uses, possible expansion of permitted uses in non-residential zones and different types of business uses that might be attracted to the Borough if permitted, such as instructional schools and tattoo artists among others The ideas mentioned for new types of businesses are good; however, as of now he opposes tattoo parlors. Mayor Karr asked the Councilmembers to consider additional business ideas. Cross discussion about business ideas particularly the possibility of tattoo artists/a tattoo parlor. Councilmember Verga discussed the annual Block Dance, asking how the Business Development Committee can better engage with the businesses and help them promote their businesses at the Block Dance. Mayor Karr spoke about prior requests from some businesses to allow for ways to promote their businesses at this event. Lack of space is a problem, maybe the space could accommodate four display type tables, however, additional discussion about this is needed. Councilmember Kelly advised that Mr. Jake Cahill received his RICE notification; and will attend the regular meeting tonight with several Recreation Commission members. Councilmember Goddard reported on Teen Center matters, including the need to hire a second supervisor. She also reported on the Morris County Trail Grant Program and explained what was submitted in connection with this proposal – a perimeter path around Community Park -- and the work that will need to be completed to accomplish this (funding issues, design and permitting and construction). Mayor Karr spoke about the need to keep the path as far as possible away from area homes. He also commented on matching funds and funding in general for this proposal. Cross discussion about this path proposal, including that work to complete the project could be done over several years. Councilmember Verga asked for assistance on completing this grant proposal and application since it is due on July 31st 2021. Assistance was offered. Mayor Karr spoke about the Cares Act funding and advised what the auditor is going to stay up to date on this matter including paperwork that needs to be submitted periodically. Councilmember Verga raised the subject of continuing to hold meetings by Zoom (or another program). Cross discussion about future meetings being held via Zoom/similar option to allow meetings to be viewed live but remotely, especially by those who cannot attend in person. Mayor Karr said he is not in favor of continuing Zoom meetings and explained why, but would consider something else such as livestream; he does not support interactive meetings. He spoke about a required notice that was in place due to the pandemic. Continued cross discussion about Council meetings via live streaming. EXECUTIVE SESSION Moved by Councilmember Kelly at 8:08 P. M.: BE IT RESOLVED THAT Resolution 2021-91 titled “Executive Session” be adopted. Seconded by Councilmember Wagner. So ordered. Voice Vote. All in favor. At 8:25 P.M. Councilmember Verga moved that the Executive Session be adjourned. Seconded by Councilmember Goddard. Voice Vote. All in favor. ADJOURNMENT Councilmember Cortese moved that the Conference Meeting be adjourned at 8:27 P.M. Seconded by Councilmember Goddard. Voice Vote. All in favor. ______________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk Minutes of the Regular Meeting of the Borough Council held July 1st 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.” Mayor Karr asked for a moment of silence in memory of Mary Buckley, Morris Plains resident and former Councilwoman and Marine. Her late husband was a Councilman and in the Marine Crops. Both Mary and her late husband were very active in Morris Plains during their lifetimes. 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, Esq. APPROVAL OF MINUTES Councilmember Kelly moved: BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meetings of June 3rd 2021 be approved. Seconded by Councilmember Goddard. So ordered. Voice vote. All in favor. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None APPROVAL OF CONSENT AGENDA Councilmember Kelly moved: REPORTS NONE Resolution 2021-92 entitled, “AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL TO RENEW MEMBERSHIP THEREIN FOR THE PERIOD OF OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2026.” Resolution 2021-93 entitled, “K OF C #3495 BISHOP MCLAUGHLIN COUNCIL RAFFLE LICENSE NO. 323-21.” Resolution 2021-94 entitled, “ANNUAL REPORT OF AUDIT FOR THE YEAR 2020.”  Resolution 2021-95 entitled, “CANCELLATION OF BALANCES AND OVERPAYMENTS LESS THAN $10.00.” Resolution 2021-96 entitled, “RESOLUTION AUTHORIZING THE ACQUISITION OF THE SERVICES OF FIORENZO GAR0FALO AS SUBSTITUTE BUILDING SUBCODE OFFICIAL FOR INSPECTIONS.” Resolution 2021-97 entitled, “RESOLUTION APPOINTING ALFRED MULLIGAN AS ASSISTANT SUPERINTENDENT OF PUBLIC WORKS OF THE BOROUGH OF MORRIS PLAINS.” Amanda Cocheo, 6 Park Way, be granted permission to serve alcoholic beverages at a 1st Birthday Party to be held Sunday, July 25, 2021 from 9:00 AM to 9:00 PM at the Community Park Pavilion. The highlighted Program Instructor attached be hired for the Recreation Summer Enhancement programs at the position, rate and date stated for the 2021 Summer programs. The highlighted Recreation Summer Camp Counselors attached be hired at the position, rate and date stated for the 2021 Summer Camp. The highlighted Community Park Pool Employees attached be hired for the Pool Season at the position, salary and date stated for the 2021 season. That Alfred Mulligan having received his certification from the State of New Jersey as a Certified Public Works Manager (CPWM) receive a 5% increase in his base salary effective June 21, 2021. Kevin O’Shea, 800 Speedwell Avenue, be granted permission to serve alcoholic beverages at a celebration to be held Friday, July 16, 2021 from 5:00PM to 9:00PM at the Community Park Pavilion. Kevin O’Shea, 800 Speedwell Avenue, be granted permission to serve alcoholic beverages at a Birthday Party to be held Sunday, July 18, 2021 from 2:00PM to 9:00PM at the Community Park Pavilion. Having requested and received the following quotes for a pool vacuum for the Morris Plains Borough Pool from the following: Todd Harris Co. Inc. . $5,900.00 Swim Outlet No Quote Poolweb.com No Quote A purchase order be issued to Todd Harris Co. Inc., PO Box 682, Edison, NJ, 08818 in the amount of $5,900.00. The authorization to issue a purchase order to All Fence Company, LLC, 28 Emmett Avenue, Morristown, NJ, in the amount of $10,000.00 for their low quote of $10,000.00 for fencing for Franklin Place Parking Lot be rescinded. Having requested and received the following quotes for fencing for Franklin Place Parking Lot from the following: All Fence Company, LLC $12,985.00 GM Fence $12,599.00 Essex Fence $12,900.00 A purchase order be issued to GM Fence, 26 Eisenhower Parkway, Roseland, NJ, in the amount of $12,599.00. The Morris Plains Block Dance Committee in conjunction with the Borough of Morris Plains be granted permission to hold a Block Dance at the Speedwell Avenue extension on Saturday, September 4th 2021, from 6:00 PM to 9:30 PM, with a rain date of Sunday, September 5th 2021. Seconded by Councilmember Goddard. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr recognized the Valedictorian for Morristown High School, Natasha Thussu Dhar, a Morris Plains resident. He also congratulated the Borough School baseball team and coaching staff on their winning season. Mayor Karr also congratulated Fred Knapp, Esq. for receiving the Criminal Practice Award from the Morris County Bar Association. He congratulated the Recreation Commission for the wonderful fireworks show and the Family Day activities and also thanked the Department of Public Works, and the Fire and Police Departments staffs. PUBLIC INVITATION FOR DISCUSSION Mayor Karr opened the meeting to the public for any discussion. Ms. Kathy Peterson, 19 Kathleen Place, Morris Plains, spoke about the flood mapping issue in the Borough. She spoke about Mr. Hall’s attendance at a May meeting pertaining to new flood maps being redrawn. New flood maps are supposed to be issued in August 2021; the Borough will have six months to adopt the flood maps and everything is on schedule, these maps will become effective in February 2022. Ms. Peterson commented on her experiences of living in a Borough flood zone for the past 20 years and communication issues. She read a FEMA community to-do list and municipal responsibilities to those residents living in a flood zone(s). She believes the municipality must increase and formalize communications to affected Borough flood zone residents and needs to retain/archive older paper flood maps. She also spoke about concerns about development on Route 53 and American Road and future flood issues. She is submitting a FEMA document for her property titled “Flood Insurance Loss Payment History of Claims Paid by the National Flood Insurance Program” since 1978 showing no losses on file. Mayor Karr commented on Ms. Peterson’s concerns. Cross discussion about Borough flood maps and flooding issues – potential and otherwise. Ms. Peterson thanked the Council for its time and consideration of her concerns. Mr. Gerry Sittmann, Recreation Chairperson, One Thompson Way, Morris Plains stated he is at this meeting in regards to a request made in connection with a salary correction for the Camp Director. He provided details of what was done relating to a plan that was not adopted and an approved overall budget. He spoke about the Camp Director and his signing on for the position and salary and a desire to create a position of COVID Ambassador; this plan was not approved. As a result, the Director needed to do all the prep work. Due to this, Mr. Sittmann believes funding should be re-allocated to the Director’s salary. Mayor Karr said this will be discussed under Unfinished Business. Mr. Sittmann thanked the Council for the all the work efforts at the Pool. The Pool revenue so far this season is very good. Mayor Karr asked if there was anyone else who wanted to speak and seeing no one, he closed this public portion of the meeting. REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS Finance Councilmember Bruhn reported on ongoing Library activities and that eight ash borer infected trees were removed from the Library property. Councilmember Bruhn reported the electric vehicle charging station is officially installed and should soon be available for use. He also reported on Clerk’s Office activities, the Borough’s four pools have all been inspected and that the annual audit has been completed by the auditors. Mayor Karr commented on the audit advising that prior years’ recommendations 2 and 3 are resolved. Recommendation 1 still requires resolution. He thanked all involved with the necessary work on this. Public Safety Councilmember Cortese thanked the Recreation Commission for everything they do including the Pool, Family Day and the summer camps. He thanked the Fire and Police Departments for their support. Police Department’s Report Police Chief Koroski reported on the installation of the portable/mobile radios and the Junior Police Academy. Chief Koroski reported a Med Box will be installed at Borough Hall sometime this month which will be used as a drug take back for safe disposal of most types of unused or expired medicines. The Kona with a Cop event will also take place sometime in August. Public Works Councilmember Wagner reported on the DPW shared service program and sharing of DPW equipment and possible equipment maintenance, and gave details of a $90,000 grant. Councilmember Wagner reported on Go Morris Plains activities, events and a recent small business community Zoom meeting to discuss ideas and plans. Mayor Karr commented on the shared services programs. Public Buildings & Grounds Councilmember Kelly thanked the Recreation Commission and all involved with Family Day and specifically spoke about the fire truck celebration. Councilmember Kelly reported that the Pool had a delayed opening due to unanticipated safety issues and reported that an ADA pool lift is ordered and is on its way. Public Health, Sanitation & Sewers Councilmember Goddard reported on COVID vaccination rates in Morris County. Councilmember Goddard reported on preparations for Wellness Day in the fall, monitoring for guidance on COVID booster shots and programs in connection with getting ready for school in the “New Normal” timeframe. Ordinance & Public Utilities Councilmember Verga reported final changes are being made to both the outdoor dining and floodplain ordinances. She also reported the Ordinance Committee met with the Zoning Officer and Planner to discuss expansion of permitted uses in non-residential zones and parking. Councilmember Verga reported on progress with Verizon and JCP&L regarding double utility poles, and work on the new website. Councilmember Verga reported on matters relating to the Construction Office which include hiring of additional staff including a part-time clerk to help with filing. Mayor Karr thanked the VFW for the impressive Field of Flags display at the corner of Routes 53 and 202. The Borough Hall will fully re-open on Tuesday July 6th. He welcomed several new Borough businesses and reminded of the Community Band’s concert. PRESENTATION OF COMMUNICATIONS, PETITIONS, ETC. Mayor Karr asked if anyone had any communications, petitions or anything else to present. Nothing was received by the Clerk. Seeing no one he closed this portion of the meeting. INTRODUCTION OF ORDINANCES None. ORDINANCES ON SECOND READING None. RESOLUTIONS None. UNFINISHED BUSINESS Jake Cahill Councilmember Kelly thanked Mr. Cahill for being present at this meeting and read an entry from the April 15th 2021 Council consent agenda that related to the hiring of Mr. Cahill as Summer Camp Program Director at a salary of $6,800.00; this is the salary he should be given. Several Councilmembers countered this statement by saying “That’s wrong” and “That’s really wrong.” These speakers shared why they believe this. Mr. Kevin Bodnar, 26 Overlook Trail, Morris Plains, said the original plan was to split an amount of $8,000.00 “between $6,800.00 for Mr. Cahill and $1,200.00 for a COVID ambassador.” Since the ambassador position was never filled, Mr. Cahill stepped up to do the work that needed to be done. He said he is speaking for the entire Commission. Cross discussion about the COVID work; the initial budgeting of $8,000.00 for the Director position; how this position and a salary of $6,800.00 were indicated on the April 15th 2021 agenda and the issue of why the $1,200.00 COVID ambassador position and salary were not on this agenda and details of who would be hired as Camp Director; last year’s Director or someone new. Mr. Gerry Sittmann, One Thompson Way, Morris Plains, spoke about the position of Camp Director, their responsibilities and salaries paid over the years. Cross discussion about salary ranges; Mr. Cahill’s qualifications to work in this position; the responsibilities of the person in the Director position and the issues relating to the salary amount of $6,800.00 versus $8,000.00. Councilmember Verga stated she believes Mr. Cahill is entitled to a salary of $8,000.00 since he has assumed all of the responsibilities of the position. She said her concern is that we cannot compensate for COVID- related work since no Borough staff members received this type of compensation. Mr. Sittmann said, “This was not extra money it was in the budget for the Camp Director.” He provided additional explanation of what the extra work done by Mr. Cahill was and why; he also referred to the plan that was not accepted. “It’s not like we’re giving him extra money; he’s doing extra work for that money.” Mrs. Meghan Houston, 80 Glenbrook Road, Morris Plains, spoke about the interview process for a Camp Director which also included the previous Camp Director, especially in light of the continuing COVID issues. She advised on what kind of extra work that was needed for this season. “$8,000.00 was the bucket regardless of who was getting the job. Mr. Cahill did the work and is therefore entitled to the $8,000.00.” Councilmember Bruhn shared his thoughts on this matter and spoke about the salary ordinance for salary ranges. Continued cross discussion, including the matter of the two previously discussed different positions of Director and COVID Ambassador; prevention of a “ripple effect” regarding pay and COVID extra work; the proper process for creating a new position and how to fix this problem. Mr. Jake Cahill, Summer Camp Director, 9 Cleveland Avenue, Morris Plains, introduced himself. Councilmember Cortese asked Cahill if he thought the salary was for his position was $8,000.00. How about $6,800.00? Mr. Cahill answered “No”; he said he thought it was $6,800.00. Councilmember Cortese asked him if some job responsibilities needed to be removed and given to a third party because of the $6,800.00 salary. Mr. Cahill responded ‘Yes.” Since the third party was never hired, he did that work, too. He commented that the campers are happy, and he thanked the Swim Team personnel for their assistance. Everyone is doing a great job. He said he is hopeful that his rightful salary for this year will be determined to be $8,000.00. If this position is available to him in 2022, he will request a salary of $8,000.00. Various comments were made by Councilmembers, especially to ensure Mr. Cahill that this was not something meant to be personal toward him. NEW BUSINESS None. VOUCHERS Councilmember Bruhn moved the vouchers for July 1st 2021 in the amount of $10,754,437.47, seconded by Councilmember Kelly. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None EXECUTIVE SESSION Moved by Councilmember Kelly at 9:53 P. M.: BE IT RESOLVED THAT Resolution 2021-98 titled “Executive Session” be adopted. Seconded by Councilmember Goddard. So ordered. Voice Vote. All in favor. At 10:14 P.M. Councilmember Verga moved that the Executive Session be adjourned. Seconded by Councilmember Cortese. Voice Vote. All in favor. Mr. Knapp said those serving on the Recreation Commission need to be commended for their hard work and volunteerism on behalf of the Borough. Only the Governing Body is authorized to make expenditures, hire or fire employees and to set the rate of compensation for employees. Mayor Karr cautioned that in the future everything must be done more carefully and “by the book.” In this case the Governing Body will give Mr. Cahill the $8,000.00 salary for this season’s work. ADJOURNMENT Councilmember Verga moved that the Regular Meeting be adjourned at 10:20 P.M. Seconded by Councilmember Cortese. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk