City Council

Minutes of the Conference Meeting of the Borough Council held July 15th 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 (arrived at 7:37 P.M.) 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 updated on several matters including a new awning on the Borough Annex building; installation of a sign at the intersection of Johnson and Malapardis Roads by Rotary and earmarks from Rep. Mikie Sherrill’s office. He asked if any of the Councilmembers have anything to speak about at this Conference Meeting. Councilmember Goddard updated on the trail grant. Councilmember Bruhn spoke about the possibility of continuing Zoom access meetings to benefit the public if the meetings were run by various Councilmembers. Cross discussion about this proposed option that included both pros and cons of doing so. Councilmember Bruhn reported on the electric vehicle charging station stating that an agreement must still be reviewed by Mr. Knapp and the fee schedule needs to be amended. It should be up and running in September. Mr. Knapp explained he will be unable to attend the August Council meeting; Jonathan Frodella will represent him. He also spoke about what he still needs to do in connection with the charging station. Mayor Karr asked if anyone had any questions on the Consent Calendar. There were no questions. EXECUTIVE SESSION Moved by Councilmember Kelly at 7:42 P. M.: BE IT RESOLVED THAT Resolution 2021-99 titled “Executive Session” be adopted. Seconded by Councilmember Cortese. So ordered. Voice Vote. All in favor. At 8:05 P.M. Councilmember Verga moved that the Executive Session be adjourned. Seconded by Councilmember Goddard. Voice Vote. All in favor. ADJOURNMENT Councilmember Kelly moved that the Conference Meeting be adjourned at 8:05 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 July 15th 2021 at 8:31 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey. 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.” 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, Leon Hall, Borough Engineer APPROVAL OF MINUTES Councilmember Kelly moved: BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meetings of June 17th 2021 be approved. Seconded by Councilmember Goddard. 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 Police Department, June 2021 Municipal Court, June 2021 Animal Control, June 2021 Sanitarian, June 2021 Borough Clerk, June 2021 Animal Licensing, June 2021 Tax Collector, June 2021 Treasurer, June 2021 Borough Attorney, Quarterly Report Resolution 2021-100 entitled, “ANNUAL AUDIT CORRECTIVE ACTION PLAN.” Resolution 2021-101 entitled, “RESOLUTION AUTHORIZING SALARY INCREASE FOR RECREATION COMMISSION’S SUMMER PROGRAMS DIRECTOR.”  Resolution 2021-102 entitled, “P.L. 1994 CHAPTER 72, STATE OF NEW JERSEY.” Resolution 2021-103 entitled, “BOROUGH OF MORRIS PLAINS APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS TO SUNRISE DRIVE PROJECT.” Resolution 2021-104 entitled, “BOROUGH OF MORRIS PLAINS APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS TO GLENBROOK ROAD PROJECT.” Resolution 2021-105 entitled, “REDEMPTION RESOLUTION.” Resolution 2021-106 entitled, “THE ERIC C BLOHM FOUNDATION, RAFFLE LICENSE NO. 324-21.” Resolution 2021-107 entitled, “RESOLUTION AUTHORIZING CONTRACT WITH EDMUNDS GOVTECH, INC.” Resolution 2021-108 entitled, “RESOLUTION AUTHORIZING A MORRIS COUNTY TRAIL CONSTRUCTION GRANT APPLICATION.” Resolution 2021-109 entitled, “RESOLUTION OF THE BOROUGH OF MORRIS PLAINS AUTHORIZING THE ACCEPTANCE OF THE STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL SFY21 BODY-WORN CAMERA GRANT PROGRAM STATE FISCAL YEAR 2021.” Resolution 2021-110 entitled, “RETENTION OF SPECIAL COUNSEL.” The Mayor and Borough Clerk are authorized to execute a Grant Agreement with the NJDOT for Sunrise Drive Improvements #00095 and Glenbrook Road Improvements #00096. The Mayor be authorized to sign the Addendum and Proposal with Edmunds GovTech for purchase of a software subscription for Tax and Finance. The Mayor be authorized to sign Grant Award Contract, 21-BWC-288, Body Worn Camera. Seconded by Councilmember Wagner. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga, Wagner Nays: None Absent: None Abstain: None PUBLIC INVITATION FOR DISCUSSION Mayor Karr asked if there was anyone 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 welcomed the newest member of the Clerk’s Office, Nicole Saranita, to her first Council meeting. Councilmember Bruhn reported on the status of the electric vehicle charging station. Public Safety Councilmember Cortese recognized the Borough’s Fire Marshal, Fire Department Chief and Police Department representative who are present at tonight’s meeting. Police Department’s Report Police Lieutenant Rolph reported on Junior Police Academy activities, next year’s class dates and recent graduation ceremony. Lieutenant Rolph reported on the emergency responders and updated on the most recent prescription drug take-back event. Mayor Karr asked that an article be prepared for Plains Talk about the recently installed prescription medications drop box. Mayor Karr asked Tyler Shay, a recent graduate of the Junior Police Academy, to speak about his experiences at the Junior Police Academy. Mayor Karr congratulated all the Junior Police Academy graduates. Public Works Councilmember Wagner thanked the Department of Public Works staff for their rapid response on cleaning up after recent storms. Councilmember Wagner reported the Community Garden Coordinator, George Ross informed him of a recent work party at which 25 or so gardeners participated in to clean up the garden. The efforts of these gardeners to keep the garden looking wonderful are recognized and a big thank you to all. Councilmember Wagner reported on a planned Go Morris Plains event for Saturday. Fifty bicycle helmets donated by TransOptions will be given out to those who sign the “We Slow Down in Our Town” petition. Mayor Karr thanked all for their hard work in keeping the Borough safe and clean. Borough Engineer’s Report Mr. Hall reported on various work projects, including utility and roadway work of Morris Plains Holdings at Routes 10 and 202, M & M and Lennar at American Road and the M & M site. Mr. Hall reported on work being done by the Ordinance Subcommittee, himself and the Borough Attorney relating to the flood control ordinance. In February 2022 FEMA will finalize and adopt new flood insurance rate maps. Public Buildings & Grounds Councilmember Kelly thanked Mr. Hall for his willingness to provide a ride-around to her and Councilmember Verga. Councilmember Kelly reported on the detailed two-hour ride around they received at the Route 53 and American Road development projects. Councilmember Kelly reported on Recreation Commission events including the Senior Picnic, the play in July (Moana), summer camps and the pool lift Councilmember Kelly reported she is working on getting Wi-Fi for the Community Center and reminded of the Block Dance on Saturday, September 4th 2021. Public Health, Sanitation & Sewers Councilmember Goddard reported that Wellness Day is scheduled for Saturday, October 16th 2021 and provided details of what is planned for the Day. Councilmember Goddard reported on work with the Board of Education and other organizations on a “resilience seminar” for parents in connection with students returning to in-person school. Ordinance & Public Utilities Councilmember Verga reported on the outdoor dining ordinance that is being introduced tonight. Councilmember Verga reported on the next step for the cannabis ordinance and advised that Parsippany passed an ordinance allowing Classes III and IV of cannabis wholesale and distribution. Councilmember Verga reported on discussions about expanding permitted uses and possible new business uses. Councilmember Verga reported the website is up and running and the Webmaster is hoping to train some Borough staff on how to post content on the website. Councilmember Verga thanked Mr. Hall for the ride- around mentioned by Councilmember Kelly earlier. Councilmember Verga reported that the total permit fees so far in 2021 amount to $882,000+ versus an expected amount at this time in 2021 of $177,000. She spoke about the hope for a part-time employee in the Construction Office. PRESENTATION OF COMMUNICATIONS, PETITIONS, ETC. Mayor Karr advised there are none. INTRODUCTION OF ORDINANCES Councilmember Verga introduced the following ordinance and read the same by title and moved that it be passed on First Reading. ORDINANCE 11-2021 AN ORDINANCE TO PROVIDE FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REVISION OF “CHAPTER 13, 2000 BOROUGH OF MORRIS PLAINS LAND DEVELOPMENT ORDINANCE” AMENDING SECTION 13-2.1, DEFINITIONS, AMENDING SECTION 13-5.1C, SCHEDULE OF PERMITTED USES, ESTABLISHING A NEW SECTION 13-5.14, OUTDOOR DINING, AMENDING SECTION 13-5.2.A (12.1)(a) TO PERMIT OUTDOOR DINING, AS AN ACCESSORY USE IN CERTAIN ZONES Councilmember Kelly seconded the motion. Yeas: Councilmembers Kelly, Bruhn, Cortese, Goddard, Verga Nays: None Absent: None Abstain: Councilmember Wagner Thereupon, Councilmember Verga offered the following resolution: WHEREAS, the above ordinance was introduced and read by title at this meeting on July 15th 2021 and passed on First Reading. NOW, THEREFORE, BE IT RESOLVED that at a meeting to be held on August 19th 2021 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 and mail 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 Goddard seconded the resolution. Voice vote. All in favor ORDINANCES ON SECOND READING None. RESOLUTIONS None. UNFINISHED BUSINESS None. NEW BUSINESS Chris Shay Mayor Karr asked Messrs. Bruhn and Knapp to recuse themselves from the meeting. Jonathan Frodella will replace Mr. Knapp as attorney. Mr. Chris Shay, 55 Burch Drive, Morris Plains, spoke about correspondence he sent to the Governing Body several weeks ago about an unanticipated change to his full-time work situation. He inquired if the Governing Body could re-look at the service(s) he currently is performing for the Borough to determine if this position could be made full time based on prior discussions about this. “Every building in town is on my shoulders.” He spoke about three per diem inspectors he has and said the fees that would be brought in from his work would come pretty close to covering his salary. He has provided a job description of his part-time work as well as salary information from other municipalities. He asked for the Governing Body’s help and thanked them for any assistance that they may be able to extend to him and his family. Mayor Karr thanked Mr. Shay for this presentation. Councilmember Cortese gave his thanks to Mr. Shay for all the work he has done over the years of his service. Councilmember Wagner shared his appreciation for Mr. Shay’s efforts on behalf of the Borough for many years. He asked that Mr. Shay send him fee schedule information. Mr. Shay said he would re-send this fee schedule and then mentioned towns that are not career fire: Florham Park, Chatham Borough, East Hanover, Parsippany-Troy Hills, Randolph, Roxbury, Bernards Township, Bernardsville and Jefferson among several others. Mayor Karr asked Mr. Shay to provide the towns from which he pulled salary ranges. Mr. Shay said he will. Mayor Karr briefly commented about the documentation received from Mr. Shay today. Councilmember Verga, too, thanked Mr. Shay for all his work over the years for the Borough. She spoke about the current job description for the position. Cross discussion between Councilmember Verga and Mr. Shay, including the three inspectors he supervises; fire marshals working with other municipalities; volunteer fire companies and the number of hours he works in his position with the Borough. Councilmember Kelly thanked Mr. Shay for all the work he does and has done for the Borough and for the information he recently provided to the Governing Body. Mayor Karr advised Mr. Shay that the Safety Committee and the Council will be reviewing his request and the information he has provided and thanked him for all his work for the Borough. Mr. Knapp returned to the meeting. VOUCHERS Councilmember Kelly moved the vouchers for July 15TH 2021 in the amount of $1,671,521.57, seconded by Councilmember Cortese. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Ms. Pat Malpiere, Weichert Realtors, 10 Lake Valley Road commented about the assistance Mr. Shay has provided over the years. ADJOURNMENT Councilmember Kelly moved that the Regular Meeting be adjourned at 9:11 P.M. Seconded by Councilmember Goddard. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk