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City Council

Regular Meeting

Morris Plains, NJ · March 3, 2022

Agenda

Agenda

Minutes of the Conference Meeting of the Borough Council held March 3rd 2022, 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 2022; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 6th 2022, 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: Joan Goddard, Council President Art Bruhn Salvatore Cortese Cathie Kelly Nancy Verga Dennis Wagner Absent: None Present: John E. Horan, Esq., Borough Attorney ITEMS FOR DISCUSSION Mayor Karr discussed Gilead/Immunomedics moving 349 employees out of Morris Plains location. There will be 114 employees losing their jobs and they are looking for another facility in the area to move the remaining employees. Councilmember Wagner discussed the banners for Speedwell Avenue and so far has received a quote for 40 at $2,400.00. He will get more quotes before making the final decision. Cross discussion regarding the design and material type of banners. Councilmember Kelly discussed an item on the consent calendar to purchase the remaining snowflakes for Speedwell Avenue. Cross discussion regarding the snowflakes and how much they have cost over the years. Councilmember Verga discussed Municipay and Agile Websites and a meeting with a vendor to live stream meetings and possibility of Zoom livestreaming. Councilmember Verga stated she will get quotes and the possibility of grant money for this technology. Councilmember Verga discussed Outdoor Dining which can start April 1st, but the application needs to be updated and Don Salerno, Zoning Officer, will prepare a letter with the application to bring to restaurants to complete. Councilmember Verga spoke about a Cannabis Forum she attended and is very happy the Borough made the decision to opt out at this time due to all of the problems that have surfaced. Councilmember Bruhn discussed the broken fence at Simon’s Park and asked if the Borough is liable if there is an injury. Councilmember Bruhn wanted to know if there is an option of closing the field until the fence is fixed. Attorney Horan state that the Borough is liable, but it would have to be a permanent injury. Cross discussion regarding the fence at Simon’s Park included vandalism of the fence. Councilmember Bruhn questioned if the Mayor has the authority to tell a town official they cannot issue a summons to a resident for an issue that involved an exorbitant amount of deliveries to a residence which blocked the road and other resident’s doors to their homes. Mayor Karr stated he did not tell an official not to issue summons. Councilmember Cortese stated this should be discussed in executive session. Councilmember Bruhn then inquired about the portable shower that is being stored on town property and is the Borough liable if it is damaged? Mayor Karr stated that the company issued a certificate of insurance and Ms. Denman, Borough Clerk, stated that the only insurance issued was for the DPW Garage. Councilmember Bruhn asked if the council should discuss events being held at the Community Center before they are given permission? Cross discussion regarding events at the Community Center and how Councilmember Bruhn should reach out to Coordinator Larry Ripley to make sure all the proper paperwork was submitted for the events. Councilmember Cortese discussed the Library shredding fund raiser event. EXECUTIVE SESSION Moved by Councilmember Goddard at 8:00 P. M.: BE IT RESOLVED THAT Resolution 2022-45 titled “Executive Session” be adopted. Seconded by Councilmember Wagner. Voice Vote. All in favor. At 8:27 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 8:27 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 March 3, 2022 at 8:30 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey. PLEDGE OF ALLEGIANCE AND PRAYER APPROVAL OF MINUTES Councilmember Goddard moved: That the minutes of the Executive and Regular Meetings of February 16, 2022 be approved. Seconded by Councilmember Kelly. Voice vote. All in favor. So Ordered APPROVAL OF CONSENT AGENDA Councilmember Goddard moved: REPORTS Tax Collector, January 2022 Treasurer, January 2022 Resolution 2022-46 entitled, “TRANSFER OF FUNDS”. Resolution 2022-47 entitled, “RESOLUTION APPROVING THE TREATMENT WORKS APPROVAL PERMIT APPLICATION FOR 169 JOHNSON ROAD, LLC PROJECT AT BLOCK 200, LOT 8 IN THE TOWNSHIP OF PARSIPPANY-TROY HILLS, NEW JERSEY AND AUTHORIZING THE MAYOR TO SIGN SAME.” Resolution 2022-48 entitled, “RESOLUTION APPROVING THE CONTRACT FOR WEBSITE SERVICES TO AGILE WEBSITES FOR APRIL 1, 2022 THROUGH MARCH 31, 2023 AND AUTHORIZING THE MAYOR TO SIGN SAME.” Resolution 2022-49 entitled, “RESOLUTION APPROVING THE STORMWATER FACILITY MAINTENANCE AND EASEMENT AGREEMENT WITH TABOR ROAD, LLC. AND AUTHORIZING THE MAYOR TO SIGN SAME.” Resolution 2022-50 entitled, “RESOLUTION APPOINTING WILLIAM O’CONNOR AS TEMPORARY CONSTRUCTION OFFICIAL FOR THE BOROUGH OF MORRIS PLAINS.” Resolution 2022-51 entitled, “BOROUGH OF MORRIS PLAINS TAX IDENTIFICATION STATEMENT.” Resolution 2022-52 entitled, “RESOLUTION AUTHORIZING ADVERTISEMENT FOR RECEIPT OF BIDS TO REPAIR TENNIS COURTS AT COMMUNITY PARK.” The Mayor be authorized to execute the Deed Restriction for Affordable Housing Property for M&M at Morris Plains South, LLC, Block 1, Lot 1 on the tax maps of the Borough of Morris Plains in the form approved by the Borough Attorney. Craig E. Bollman,3 Ramsey Court, Newton, be hired as a Temporary Part-time Building/Electrical/Plumbing Inspector in the Building department at the rate of $38.50per hour effective March 4, 2022. The Morris Plains Rotary be granted permission to hold “Uncle Frank’s Fishing Contest” on Saturday, May 14, 2022 from 7:00am to 10:30am at the Community Park Pond. The Community Park Pool Employees attached be hired for the Pool Season at the position, salary and date stated for the 2022 season. Jake Cahill, 9 Cleveland Avenue be hired as Summer Camp Director in the Recreation Department at the rate of $8,240.00 for the 2022 season. Having received quotes to replace sixteen (16) lighted snowflakes along Speedwell Avenue from the following: Rileighs Outdoor Decor $9,486.80 Street Décor, Inc. $7,952.00 Christmas Designers.com $12,652.55 A purchase order be issued to Street Décor Inc., 6357 Moonridge Terrace, Reno, Nevada in the amount of $7,952.00. Seconded by Councilmember Wagner. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, 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 Cortese reported on the C.O.L.A. Ordinance that is being introduced tonight that allows the municipality to increase the budget from 2 ½% to 3 ½ %. Councilmember Cortese reported that Ana Thomas, CFO, submitted the required Uniform Construction Code annual report to the State. Councilmember Cortese reported on the upcoming Library shredding event on April 2nd. Public Safety Councilmember Verga reported on the Business Development Committee and that Outdoor Dining will begin April 1st. Councilmember Verga reported on the website and updated on Municipay. Councilmember Verga reported on the ordinance being adopted tonight regarding Microbreweries and introduced the owners of Autodidact Brewing who were in the audience and thanked, welcomed and wished them good luck. Councilmember Verga reported on a meeting she attended with Chief Koroski regarding Cannabis and is happy the Borough made the decision to opt out of allowing cannabis business in town. Councilmember Verga reported that the Fire Department air truck is back in service and that March is Woman’s History Month and the focus this year will be a tribute to health care and frontline workers. Fire Department’s Report Chief Rongo reported on the air truck which is back in service. He explained that after 9/11 six counties in New Jersey were given air trucks to help protect New York and surrounding areas if needed. Chief Rongo reported that the air truck goes to many towns during fires to help refill air packs for fire fighters and is a great learning tool for the younger members. Chief Rongo reported that there were 30 Fire Call in February and 60 year to date. He also reported the department offers mutual aid to Parsippany, Mount Tabor, Cedar Knolls and Whippany. Chief Rongo reported the Morris Plains Fire Department will be marching in Morristown’s Saint Patrick’s Day Parade and reported on a training event with Morris Township. Chief Rongo reported the Fire Department did a tour of Uncle Giuseppe’s to see where the alarm panels are located. Chief Rongo reported that the annual Right to Know and Blood Borne Pathogens training was completed and reported on other training that has been done in the Fire Department. Chief Rongo reported on a minor accident involving the ladder truck and another vehicle with minor damage to both vehicles reported. Chief Rongo reported on a safety issue on Welsh Place where numerous boxes were blocking doors during the day and in the evening and boxes were being stored inside and filling up one of the units causing an issue if there were an emergency. Chief Rongo was informed the boxes were being moved to the DPW garage, but did not know if that had been taken care of yet. He also noted that there is a business being run out of the home. Chief Rongo spoke with both Fire Official Shay and Zoning Officer Salerno regarding this situation. Chief Rongo reported on a call to 40 Harrison Avenue which is in foreclosure, however lights were on in the house when the Fire Department arrived. Cross discussing regarding 40 Harrison Avenue. Police Department’s Report Chief Koroski reported there have been 2192 calls for February in which 966 were property checks for crime prevention. Chief Koroski reported on the Girl Scouts Pinewood Derby and Teen Center virtual game night in which officers attended. Chief Koroski reported the next drug take back is scheduled for April 30th at the Stop and Shop. Chief Koroski reported that Coffee with a Cop will be resuming and the first one will be held at Sunrise Assisted Living. Officers will speak with seniors about recent and ongoing scams. Chief Koroski reported Hope One was at Stop and Shop on March 1st and the Police Department attended to show their support. Chief Koroski reported that Morris Plains was denied reimbursement of funds from the State for Hurricane Ida since the Borough did not meet the minimal funding requirements. Public Works Councilmember Goddard spoke about the crisis in Ukraine and shared her thoughts and prayers. Councilmember Goddard reported the Business Development Committee recommendations are on the website and they are looking for 2 to 3 volunteers to join the committee and stated the volunteer form is on the Borough website. Councilmember Goddard reported on the Beautification Committee which is an active and fun group that takes care of 19 different areas across the Borough which include maintaining gardens, Borough Hall, Community Center, Route 202 retaining wall and Watnong Post. Councilmember Goddard reported the Beautification team goes out every Wednesday to maintain sites and involved in planting different types of plants around town and is also in the process of working to get rid of diseased trees. Councilmember Goddard reported the DPW is updating the platform at the Recycling Center and the DPW wants all residents to know that they do not pick up leaves in the spring and you should try using for compost in your gardens and flower beds. Public Buildings & Grounds Councilmember Bruhn reported the Whippany Ukrainian Church is collecting donations to send to Ukraine and he had the list if anyone was interested. Councilmember Bruhn reported the Community Park Pool opening date is June 18th and registration began March 2nd and that there is a need for a Swim Team Coach. Councilmember Bruhn reported the Red Oak School has interest in participating in the Memorial Day Parade and the parade committee held their second meeting on February 3rd and the committee is currently reaching out to participants. Councilmember Bruhn reported on the spotted lantern flies and how they are killing many trees and if you see an egg mass try to break it up to kill them before hatching. Councilmember Bruhn reported that Arbor Day is April 29th and an event will be held at Mountain Way School to hand out 300 Dogwood Trees and to date there are three Plant-A-Tree applications. Public Health, Sanitation & Sewers Councilmember Kelly reported on the recent blood drive and that there were less donors then previous events. Councilmember Kelly reported the rabies clinic will be held on April 23rd from 1:00 pm to 3:00 pm at the DPW garage. She also reported the Morris County Health Department will be holding a Food Handlers course in Spanish at the Community Center on June 4th. Councilmember Kelly reported on virtual Teen Center events and their next meeting will be held March 16th. Councilmember Kelly reported on the Covid19 clinic at the Community Center. She also reported on upcoming Municipal Alliance events including a children’s musical performance being held March 24th and the March 29th event “Transition from High School to College” for Morris Plains, Morris Township and Morristown parents. Ordinance & Public Utilities Councilmember Wagner reported that JCP&L will be installing smart meters in 2023 which will help manage electricity usage. Councilmember Wagner reported he met with Annex Building Department employees and reported on the upgrades done in the building. Councilmember Wagner reported on the ordinances on adoption and introduction and Outdoor Dining. Councilmember Wagner reported on exploring the possible expansion of the residential parking permit ordinance. INTRODUCTION OF ORDINANCES Councilmember Wagner introduced the following ordinance and read the same by title and moved that it be passed on First Reading. ORDINANCE 4-2022 CALENDAR YEAR 2022 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) Councilmember Kelly seconded the motion. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Thereupon, Councilmember Wagner offered the following resolution: WHEREAS, the above ordinance was introduced and read by title at this meeting on March 17, 2022 and passed on First Reading. NOW, THEREFORE, BE IT RESOLVED that at a meeting to be held on March 3, 2022 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 Verga seconded the resolution. Voice vote. All in favor. Councilmember Wagner introduced the following ordinance and read the same by title and moved that it be passed on First Reading. ORDINANCES ON SECOND READING Councilmember Wagner read by title the ordinance entitled: ORDINANCE NO. 1-2022 AN ORDINANCE TO PROVIDE FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION, REPEAL AND REVISION OF “CHAPTER 13, LAND DEVELOPMENT” IN “THE REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, 1972” SECTION 13-2.1, “DEFINITIONS OF TERMS”; SECTION 13-5.1C “SCHEDULE C PERMITTED USES, BOROUGH OF MORRIS PLAINS, NEW JERSEY;” AND SECTION 13-5.7A “SCHEDULE E OFF-STREET PARKING SPACE REQUIREMENTS” AS THE ABOVE PERTAIN TO MICROBREWERIES. which ordinance was introduced and passed on First Reading at a meeting held on February 3, 2022. 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 Wagner stated that the above ordinance as read by title on Second Reading at this meeting be adopted and finally passed. Seconded by Councilmember Cortese. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr declared the ordinance adopted and finally passed. Councilmember Wagner read by title the ordinance entitled: ORDINANCE NO. 2- 2022 AN ORDINANCE TO APPROPRIATE $685,000.00 FOR THE IMPROVEMENT OF VARIOUS ROADS IN AND BY THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, APPROPRIATING $285,000.00 FROM CAPITAL IMPROVEMENT FUND AND $400,000.00 FROM CAPITAL FUND BALANCE which ordinance was introduced and passed on First Reading at a meeting held on February 16, 2022. 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 Wagner stated that the above ordinance as read by title on Second Reading at this meeting be adopted and finally passed. Seconded by Councilmember Cortese. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr declared the ordinance adopted and finally passed. Councilmember Wagner read by title the ordinance entitled: ORDINANCE NO. 3- 2022 AN ORDINANCE TO APPROPRIATE $330,000.00 FOR THE IMPROVEMENT OF SUNRISE DRIVE AND PROVIDING THAT THE SUM OF $250,000.00 IS EXPECTED TO BE RECIEVED FROM NEW JERSET DOT GRANT WITH $80,000.00 APPROPRIATED FROM CAPITAL IMPROVEMENT FUND BALANCE which ordinance was introduced and passed on First Reading at a meeting held on February 16, 2022. 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 Wagner stated that the above ordinance as read by title on Second Reading at this meeting be adopted and finally passed. Seconded by Councilmember Cortese. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None Mayor Karr declared the ordinance adopted and finally passed. RESOLUTIONS None. UNFINISHED BUSINESS None. NEW BUSINESS None. VOUCHERS Councilmember Cortese moved the vouchers for March 3, 2022 in the amount of $379,688.61 seconded by Councilmember Verga. Yeas: Councilmembers Goddard, Bruhn, Cortese, Kelly, Verga, Wagner Nays: None Absent: None Abstain: None EXECUTIVE SESSION Moved by Councilmember Goddard at 9:25 P. M.: BE IT RESOLVED THAT Resolution 2022-53 titled “Executive Session” be adopted. Seconded by Councilmember Wagner. So ordered. Voice Vote. All in favor. At 10:20 P.M. Councilmember Goddard moved that the Executive Session be adjourned. Seconded by Councilmember Wagner. Voice Vote. All in favor. ADJOURNMENT Councilmember Bruhn moved that the Regular Meeting be adjourned at 10:20 Seconded by Councilmember Cortese. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk

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