City Council

Minutes of the Conference Meeting of the Borough Council held August 19th 2021, at 7:30 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 Salvatore Cortese Joan Goddard Nancy Verga Dennis Wagner Absent: Art Bruhn Present: Jonathan Frodella, Esq. representing Borough Attorney Ursula Leo, Esq. ITEMS FOR DISCUSSION Mayor Karr asked if anyone had anything for Conference. Councilmember Verga asked a question about the Block Dance and if help is needed at this event. Mayor Karr said help will be needed for the raffle tickets; no help is needed during the day of the Dance. The Department of Public Works (DPW) will set up in the afternoon along with the vendors. Councilmember Verga reported on the website and its self-service portal. A follow-up e-mail will probably be sent to the departments about how to use the self-service portal to send items for posting. Only approved content is to be sent for posting. She advised the Website Committee wants to purchase Adobe Acrobat DC to allow forms to be typed in on the computer; she referred to online payments. Cross discussion about website posting issues. Councilmember Goddard updated on the trail grant project. Cross discussion about the proposed Eagle Scout project. Mayor Karr said there will be an update on the Route 53 and Route 202 paving work later in the evening. Councilmember Wagner will discuss shared services with the DPW. He reported on the ongoing coordination with New Jersey Transit relating to the issues caused by storms, including Mr. Hall’s involvement in connection with a catch basin and discharge piping that may be too small. EXECUTIVE SESSION Moved by Councilmember Kelly at 7:45 P. M.: BE IT RESOLVED THAT Resolution 2021-111 titled “Executive Session” be adopted. Seconded by Councilmember Wagner. So ordered. Voice Vote. All in favor. At 8:00 P.M. Councilmember Wagner moved that the Executive Session be adjourned. Seconded by Councilmember Goddard. Voice Vote. All in favor. ADJOURNMENT Councilmember Verga moved that the Conference Meeting be adjourned at 8:01 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 August 19th 2021 at 8:34 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 Salvatore Cortese Joan Goddard Nancy Verga Dennis Wagner Absent: Councilmember Art Bruhn Present: Jonathan Frodella, 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 July 1st 2021 be approved. Seconded by Councilmember Goddard. So ordered. Voice vote. All in favor. BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meetings of July 15th 2021 be approved. Seconded by Councilmember Wagner. So ordered. Voice vote. All in favor. APPROVAL OF CONSENT AGENDA Councilmember Kelly moved: REPORTS Building Inspector, June 2021, July 2021 Police Department, July 2021 Municipal Court, July 2021 Animal Control, July 2021 Borough Clerk, July 2021 Animal Licensing, July 2021 Tipping Fees, June and July 2021 Treasurer, July 2021 Tax Collector, July 2021 Borough Engineer, Quarterly Report Resolution 2021-112 entitled, “RESOLUTION REGARDING PERMANENT APPOINTMENT OF POLICE OFFICER VINCENT ZARRILLO.”  Resolution 2021-113 entitled, “RESOLUTION REGARDING PERMANENT APPOINTMENT OF POLICE OFFICER KELVIN PRECIADO.” Resolution 2021-114 entitled, “RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT WITH THE MORRIS PLAINS SCHOOL DISTRICT FOR SUPPLEMENTAL CROSSING GUARDS SERVICES.” Resolution 2021-115 entitled, “BOROUGH OF MORRIS PLAINS MUNICIPAL ALLIANCE ALCOHOLISM AND DRUG ABUSE.” Resolution 2021-116 entitled, “RESOLUTION AUTHORIZING THE 2021- 2022 CONTROLLED DEER CULLING PROGRAM.” Resolution 2021-117 entitled, “REDEMPTION RESOLUTION.” Resolution 2021-118 entitled, “RESOLUTION PROVIDING FOR APPOINTMENT OF HEARING OFFICER.” Resolution 2021-119 entitled, “RESOLUTION PROVIDING FOR APPOINTMENT OF MUNICIPAL ADVISOR/FINANCIAL ADVISOR.” Having polled the Borough Council on July 28, 2021, Peter Brillon, 7 Northview Road was granted permission to serve alcoholic beverages at a picnic/reception held Saturday, August 7, 2021 from 11:00 am to 5:00 pm at the Community Park Pavilion. The Borough Council approves the membership application of Joseph Coughlin, 56 Burch Drive, Morris Plains as a member of the Morris Plains Fire Department. The Borough Council approves the membership application of Eric Rider, 59 Winding Way, Morris Plains as a member of the Morris Plains Fire Department. The Morris Plains Fire Association be granted permission to serve alcoholic beverages at their Annual Family Picnic to be held Saturday, August 28, 2021, with a rain date of Sunday, August 29, 2021 from 4:00 P.M. to 8:00 P.M., at the Community Park Pool. The National Multiple Sclerosis Society be granted permission to bicycle through a portion of the Borough on Saturday, September 18, and Sunday, September 19, 2021 as part of its benefit and that the Police Department provide the necessary support. The Borough Clerk publish the proper notice of time change for the regularly scheduled conference meeting of the mayor and council of the Borough of Morris Plains to be held Thursday September 16, 2021 from 7:30pm to 5:00pm to interview Lieutenant candidates. The Borough Clerk publish the proper notice of a Special Meeting of the Mayor and Borough Council to be held Thursday, September 23, 2021 at 5:00pm to interview Sergeant candidates. The Borough Clerk be authorized to advertise for the position of Teen Center Supervisor. Kevin Rongo, Fire Chief be granted permission to bring the Morris Plains Fire Dept. Command Truck to the Wildwood Fireman’s Convention September 17-19, 2021. Seconded by Councilmember Wagner. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Mayor Karr recognized Mackey Pendergast, superintendent of the Morris School District, and Congratulated him on his pending retirement. 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. PUBLIC HEARING Soil Disturbance Application – Alpha Investments, LLC Mayor Karr stated the Applicant is not present; he asked Mr. Hall to give an explanation about this application and to share any recommendations he may have. Mr. Hall said this application is seeking to export 320 cubic yards of soil from 21 Maple Avenue, Morris Plains (Block 31.02, Lot 11.01). The lot was created last year as the result of a minor subdivision. The soil exportation is necessary to develop the lot – foundation, dry wells and trenches. He and Soil Consultant Mr. Joe Norton have both submitted reports dated May 28, 2021. He provided information about two waivers requested; he recommends the Council grant both these waivers. The application needs to be deemed complete. He explained why the Planning Board did not grant the permit. Mr. Hall advised that the comments in both his report and that of Mr. Norton would need to be conditions of approval if approval is granted. He believes the application should be deemed complete. Councilmember Cortese asked about positioning of trees and interaction with the Shade Tree Commission. Mr. Hall said this requirement still stands, independent of this application. Councilmember Cortese moved to deem this application complete, seconded by Councilmember Verga. Mr. Hall spoke about the Applicant not being here to present his case. He said he has outlined essentially what is involved with the application. It could be moved immediately to approval subject to compliance with Mr. Norton’s comments 1 through 4 in his May 28, 2021 report as well as comments 2 and 3 in his own May 28, 2021 report. All these comments need to be included as conditions. He advised of the details of an additional condition that must be included. Mayor Karr said a resolution will be prepared for the next Council meeting. Mr. Hall will contact the Applicant. REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS Finance No report due to the absence of Councilmember Bruhn. Public Safety Councilmember Cortese offered congratulations to Police Officers Zarrillo and Preciado. Police Department’s Report Police Chief Koroski reported on the Office of Emergency Management (OEM) and its plans, revisions will be due by July 2025. He advised of some adjustments needed as the result of a Department of Corrections inspection. Chief Koroski gave details on the Kona with a Cop event which will be held on Wednesday, August 25th 2021. Public Works Councilmember Wagner reported on work currently being done by the DPW staff, including the installation of a chair lift at the Pool. Councilmember Wagner reported on new information in connection with the Go Morris Plains project. Councilmember Wagner reported on shared services and the grant funding that was received; some of the funding was used to hire a consulting firm, the Canning Group, LLC. This firm will give recommendations as to what can be done to streamline processes and permit cost savings. Mayor Karr stated that Morris Township is the lead on the shared services project. The funding amount is $75,000. Borough Engineer’s Report Mr. Hall reported on ongoing development projects in the Borough and also spoke about the work at 900 American Road. Mayor Karr reported on the paving work being done Routes 53 and 202. He referred to efforts made to have the State agree to some changes, especially those recommended by Trans Options several years ago. He mentioned additional road work to be done that he and the Borough were unaware of and that some of this work may not be completed until sometime in 2022. Cross discussion about a left-hand turn, extra roadway lanes, a crosswalk, Elizabeth Court stop bar, possible signal upgrades, when work would begin and related issues. Public Buildings & Grounds Councilmember Kelly reported that a new sign was installed at Roberts Garden and expressed thanks to the anonymous donor. The Community Center is upgrading their WiFi. Councilmember Kelly reported on the Pool lift and was happy to see it being used. Councilmember Kelly reported on a new sign donated by the Rotary Club welcoming all to Morris Plains at the corner of Malapardis and Johnson Roads. Councilmember Kelly thanked the DPW Superintendent for accompanying her to visit recreational areas in Morris Township and Morristown. Councilmember Kelly thanked the Beautification Committee and the Garden Club for all the flowers throughout the Borough. The Block Dance is on Saturday, September 4th 2021 and the 9/11 ceremony is on Friday, September 10th 202. Public Health, Sanitation & Sewers Councilmember Goddard reported on Clean Communities and Teen Center activities and events. Councilmember Goddard reported there will soon be a part time supervisor vacancy at the Teen Center. Councilmember Goddard reported that Wellness Day will take place October 16th 2021 and provided details of what services will be offered. Ordinance & Public Utilities Councilmember Verga reported there are two ordinances at tonight’s meeting for Second Reading and explained some of the conditions of the ordinance pertaining to permanent outdoor dining, including a $50 permit fee. Councilmember Verga reported on the cannabis ordinance and spoke about a variety of State rules and regulations that will apply, including application and license fees. Councilmember Verga reported the Borough will be hiring a part-time grant writer to assist with the writing of grants on behalf of the Borough. Councilmember Verga asked Councilmember Goddard to investigate with the Board of Health the issue of banning smoking of all types in parks as some other municipalities have done. The double–pole investigation now shows two in the Borough; she updated as to when the remaining work will be complete. Councilmember Verga reported on electricity outages, pdf software enhancements, matters relating to the Construction Office, including the part-time temporary assistant for the office, OPRA request issues and a recent Planning Board meeting. Mayor Karr asked Councilmember Goddard to give an update on the trails project. Councilmember Goddard provided a summary of the progress so far on the trails projects. 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 NO. 12-2021 AN ORDINANCE AMENDING ORDINANCE NO. 16-2020 CREATING A PART TIME TEMPORARY GRANT CONSULTANT POSITION Councilmember Kelly seconded the motion. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Thereupon, Councilmember Verga offered the following resolution: WHEREAS, the above ordinance was introduced and read by title at this meeting on August 19th 2021 and passed on First Reading. NOW, THEREFORE, BE IT RESOLVED that at a meeting to be held on September 2nd 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. Councilmember Verga introduced the following ordinance and read the same by title and moved that it be passed on First Reading. ORDINANCE NO. 13-2021 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22 “TRAFFIC AND PARKING” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MORRIS PLAINS BY ADDING A NEW ARTICLE 17, “ELECTRIC CHARGING VEHICLES” Councilmember Kelly seconded the motion. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Thereupon, Councilmember Verga offered the following resolution: WHEREAS, the above ordinance was introduced and read by title at this meeting on August 19th 2021 and passed on First Reading. NOW, THEREFORE, BE IT RESOLVED that at a meeting to be held on September 2nd 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 Cortese seconded the resolution. Voice vote. All in favor. Mayor Karr stated this ordinance addresses issues relating to electric vehicle charging stations. ORDINANCES ON SECOND READING Councilmember Verga read by title the ordinance entitled: ORDINANCE NO. 10-2021 AN ORDINANCE AMENDING BOROUGH CODE § 13-5.2(A)(12.10), ALL ZONES, PROHIBITING THE OPERATION OF EVERY CLASS OF CANNABIS BUSINESSES WITHIN THE BOROUGH OF MORRIS PLAINS which ordinance was introduced and passed on First Reading at a meeting held on June 17th 2021. The Mayor announced that the meeting was open for a public hearing on the ordinance. Seeing no one, 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 Wagner. So ordered. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Mayor Karr declared the ordinance adopted and finally passed. Councilmember Verga read by title the ordinance entitled: ORDINANCE NO. 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 which ordinance was introduced and passed on First Reading at a meeting held on July 15th 2021. The Mayor announced that the meeting was open for a public hearing on the ordinance. Seeing no one, 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. Councilmember Wagner said he wanted the record to show that a typographical error was corrected in the public version of this ordinance; it related to a correction of a date to November 1st 2021. Everyone agreed with this amendment. Seconded by Councilmember Goddard. So ordered. Yeas: Councilmembers Kelly, Cortese, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: None Mayor Karr declared the ordinance adopted and finally passed. He believes this will be a positive asset to the Borough’s restaurants and residents. He thanked all who worked to make this happen. RESOLUTIONS None. UNFINISHED BUSINESS None. NEW BUSINESS None. VOUCHERS Councilmember Kelly moved the vouchers for August 19th 2021 in the amount of $3,200,564.93, seconded by Councilmember Verga. Yeas: Councilmembers Kelly, Goddard, Verga, Wagner Nays: None Absent: Councilmember Bruhn Abstain: Councilmember Cortese ADJOURNMENT Councilmember Wagner moved that the Regular Meeting be adjourned at 9:35 P.M. Seconded by Councilmember Cortese. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk