City Council

Minutes of the Conference Meeting of the Borough Council held October 5, 2023, at 7:34 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 2023; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 5th 2023, AND PUBLISHED IN THE MORRIS NEWS BEE AND THE DAILY RECORD; AND BY 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: Dennis Wagner, Council President Art Bruhn Salvatore Cortese Joan Goddard Cathie Kelly Nancy Verga Absent: None Present: John E. Horan, Esq., Borough Attorney ITEMS FOR DISCUSSION Mayor Karr introduced Ann Mucci, Superintendent of Morris School District, who gave a brief overview and updates at Morristown High School and thanked Mark Maire for his partnership through Borough School. Cross discussion with Ms. Mucci, Mayor and Councilmembers. EXECUTIVE SESSION Moved by Councilmember Wagner at 8:10 P. M.: BE IT RESOLVED THAT Resolution 2023-121 titled “Executive Session” be adopted. Seconded by Councilmember Kelly. Voice Vote. All in favor. At 8:28 P.M. Councilmember Goddard moved that the Executive Session be adjourned. Seconded by Councilmember Verga. Voice Vote. All in favor. ADJOURNMENT Councilmember Bruhn moved that the Conference Meeting be adjourned at 8:28 P.M. Seconded by Councilmember Verga. Voice Vote. All in favor. ______________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk Minutes of the Regular Meeting of the Borough Council held October 5, 2023 at 8:30 P.M. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey. PLEDGE OF ALLEGIANCE AND PRAYER Notice to members of the Governing Body and Borough Staff: Any use of electronic devices during this meeting shall be used solely for the purposes of Borough business. APPROVAL OF MINUTES Councilmember Wagner moved: BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meeting of September 7, 2023 be approved. Seconded by Councilmember Goddard. Voice vote. All in favor. So Ordered Councilmember Wagner moved: BE IT RESOLVED THAT the minutes of the Executive, Conference and Regular Meeting of September 21, 2023 be approved. Seconded by Councilmember Kelly. Voice vote. All in favor. So Ordered APPROVAL OF CONSENT AGENDA Councilmember Wagner moved: REPORTS Grant Writer, September 2023 Resolution 2023-122 entitled, “CANCELLATION OF TAXES VETERAN EXEMPTION.” Resolution 2023-123 entitled, “REFUND OF OVERPAYMENT.” The approval issued to the residents of Coursen Way, Mountain Way, Tower Hill Road, Holiday Drive and Stony Brook Drive to hold a Block Party at the Coursen Way cul-de-sac on Saturday, September 23, 2023, from 4:00pm to 9:00pm be rescinded. The residents of Coursen Way, Mountain Way, Tower Hill Road, Holiday Drive and Stony Brook Drive be granted permission to hold a Block Party at the Coursen Way cul-de-sac on Saturday, October 7, 2023, from 5:00pm to 10:00pm, and that further permission to serve alcoholic beverages be granted; and that the Road Department provide 3 barricades at the corner of Coursen Way and Mountain Way. The Program Instructors attached be hired for the Recreation Summer Enhancement program at the position, rate and session date stated for the 2023 Summer programs, retroactive to July 2023. Downtown Morris Plains be granted permission to hold a Pumpkin Illumination at the Speedwell Avenue extension Merchant Block on Friday, October 27, 2023, from 6:00 P.M. to 8:00 P.M. and that permission be granted to serve alcoholic beverages. Having received quotes for spotted lantern fly pesticide treatment from the following: Greenwood Tree Experts, Inc. $545 per day Morris Township $579.41 per day That a purchase order be issued to Greenwood Tree Experts, Inc. 6 Fulton St., Montville, New Jersey in the amount of $545.00 per day. The Borough Council approve the membership application of James C. Davidson, 20 Edwin Road, Morris Plains, as a member of the Morris Plains Fire Department. Seconded by Councilmember Goddard. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None PUBLIC INVITATION FOR DISCUSSION Mayor Karr asked if there was anyone who wanted to speak to come forward. Mr. Ed Malicki, 10 Bryce Way, asked about the resolution regarding exemption of Veteran’s taxes. Mayor Karr advised Mr. Malicki to speak with Ana Thomas, Tax Collector. Mr. Bill Grieco, 9 Higbie Way, requested for the pathway from the new Lennar development to the train station to be completed with lights. Mayor Karr stated new lights are in the works and hopes to be completed soon. Mr. Alan Martin, 8 Bryce Way, stated he received the rezoning letter and had a concern with the parking lot at the end of Bryce that is in perpetuity to not be built upon. Mayor Karr stated the ordinance is not for rezoning it is for permitted uses and will be discussed later in the meeting. Ms. Jessica Prater, 17 Rosedale Avenue, spoke about the gates at the tennis courts that are left open, unlocked and pegs removed on the gate which need to be fixed as it is a hazard. Cross discussion. Mr. Wayne Harrel, 68 Malapardis Road, shared his concern with Chief Koroski on the speeding on Malapardis Road between Johnson Road and Route 202 and requested speed bumps. Cross discussion. Mr. Bob Bianchi, 11 Layer Drive, thanked Chief for all of their hard work and addressed the traffic trying to get onto Littleton Road from Layer Drive. Cross discussion. Ms. Jessica Prater, 17 Rosedale Avenue, spoke about the traffic from Rosedale Avenue to Speedwell Avenue and asked if some type of enforcement can be obtained. Cross discussion. Ms. Cara Parmagjani, 8 Franklin Place, spoke about the street cleaner in the parking lots at 4:30 am and if the time can be changed. Cross discussion with Mayor Karr. Mayor Karr stated he will change the time to 5:00 am. Mr. Michael Kibalo, 12 Bryce Way, wanted to discuss the major development at Weichert to Route 10. Mayor Karr stated an application has been submitted. REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS Finance Councilmember Cortese reported the Clerk’s Office is working on medical insurance open enrollment, Atlantic City conference preparations, parking permits and OPRA requests. He also reported the Library has added additional story time and their shredding event will be October 14th. Mr. Cortese reported the Finance Office is working on refunds and overpayments on taxes and if payment is not made to SMCMUA for quarterly water bills SMCMUA can put a lien on your property. Public Safety Councilmember Verga reported October is International Walk to School month and yesterday there was a bike/walk to school event; thank you to all the Crossing Guards for assisting in the event. She also reported the week of October 9th is Fire Prevention Week and volunteers will be visiting Mountain Way School and the Morris Plains Co-Op. Ms. Verga reported on fire department training, a class on cooking safety and welcomed our new member. Police Department’s Report Chief Koroski reported on September calls and the pilot program Arrive Together. This program trains in crisis response for police officers and mental health practitioners. Chief Koroski reported on a Let’s Unite program that Officer Kelly will be attending on October 7th. Public Works Councilmember Goddard gave an overview of the spotted lantern fly grant and the multi process steps that will be taken. She also reported the DPW collected brush, painted crosswalks and swept roads. Ms. Goddard reported the Beautification Committee is looking into a pollinator garden and that they will also be cleaning up 19 plots and starting preparations for Spring. Mayor Karr reported on a new electric side walk sweeper to be used downtown. Public Buildings & Grounds Councilmember Bruhn reported the town wide garage sale is this weekend, bonfire is October 28th and the Halloween Parade sponsored by Recreation and Fire Department will be on Halloween. He also reported on senior exercise classes, indoor soccer and basketball and that Shade Tree is planting and pruning trees and there are still some issues with ash tree borer. Public Health, Sanitation & Sewers Councilmember Kelly reported on the Board of Health Wellness Day, and that the recycling center is open on Saturdays from 8:00am to 12:00pm. She also reported that recyclables should not be put in plastic bags when left out for recycling pick-up. Ordinance & Public Utilities Councilmember Wagner reported the Pumpkin Illumination, sponsored by Downtown Morris Plains, will be held October 27th. He also reported he contacted the liaison from JCP&L regarding adding lights to poles, trees touching electrical wires and also reported 17 street lights that need to be repaired. Mr. Wagner reported on a meeting with the ordinance committee and construction official regarding part time inspector staff, adding security buttons, WiFi issues and speed tables and signs to be updated. He also reported on an upcoming webinar to digitally transform operations to improve efficiency in the building department. Mayor Karr reported the window painting will be held on October 20th and the Rotary is also sponsoring scarecrows to be put on poles along Speedwell Avenue. Mayor Karr reported New Channel 12 will be filming Main Street NJ on October 27th showcasing 7 to 8 businesses starting at 5:00 am. Councilmember Goddard reported the last Farmers Market of the season is this Saturday and there will be a winter market on December 2nd. INTRODUCTION OF ORDINANCES None. ORDINANCES ON SECOND READING Councilmember Wagner read by title the ordinance entitled: ORDINANCE NO. 14-2023 AN ORDINANCE TO PROVIDE FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REVISION OF “CHAPTER 13, 2000 BOROUGH OF MORRIS PLAINS LAND DEVELOPMENT ORDINANCE” SECTION 13-2.1, “DEFINITIONS OF TERMS;” SECTION 13-5.1(C), “SCHEDULE C: PERMITTED USES;” SECTION 13-5.7(A), “SCHEDULE E OFF-STREET PARKING SPACE REQUIREMENTS;” “AND SECTION 13-5.2A(12) “PROHIBITED USES;” SECTION 13-5.2(B)(5), “ADULT CARE CENTERS;” “SECTION 13-5.4(B), “PUBLIC GARAGES AND MOTOR VEHICLE SERVICE STATIONS;” SECTION 13-5.4(C), “PUBLIC UTILITIES AND INSTITUTIONAL USES;” AND SECTION 13-5.5(A), “PERMITTED USES” IN THE HOTEL AND SPECIFIED USE OVERLAY ZONE APPLICABLE TO PORTIONS OF B-3 BUSINESS ZONE. which ordinance was introduced and passed on First Reading at a meeting held on September 7, 2023. The Mayor announced that the meeting was open for a public hearing on the ordinance. Mr. James Rogers, 33 Sylvan Way, stated he was not objecting to the resolution, however, he would like adjustments to be considered on how warehouse use will be considered in town. Mr. Rogers stated the NJ Planning Advocacy appraised appropriate zoning for residential communities and adopted a policy which made a distinction between different kinds of warehouses. Large scale distribution centers, Amazon, Target, etc., which are very disruptive with traffic 24 hours a day. Mr. Rogers would like to urge the Master Plan Committee to reconsider the definitions of warehouses which would make a clear distinction between warehoused and warehouse distribution centers. Ms. Cara Parmagiani, 8 Franklin Place, states she is not in favor of item #11 which would prevent apartments to be on the 2nd floor of retail stores. Ms. Parmagiani stated this will prevent the Borough from being a walkable town which will not help the town to move forward. Mr. Nick Yin, 4 Bryce Way, is worried about what will happen to the residents of Bryce Way and would like an explanation of the policies. Mayor Karr stated the zones are not changing only the uses permitted. Engineer Leon Hall stated the changes are only to the commercial zones to bring permitted commercial uses to a contemporary, more modern standards. Some of the zones eliminated a use, but most zones added uses which have not been updated in over 30 years. Planner Liz Leheny stated changing these zones means Morris Plains is open for business and will have a balanced tax base which produces more taxes than costs; no school children. Mr. Michael Kibalo, 12 Bryce Way, stressed his concern on what can be built where the parking lot and office building are located behind Bryce Way. Mr. Kibalo stated the new uses, assisted living and nursing home, are considered residential not commercial and is concerned about the coming and going all day if they are permitted. Mr. Kibalo stated there is a deed restriction which would make this property always an office building. Ms. Leheny went over the use definitions. Mr. Hall discussed the deed restriction. Mr. Kibalo asked for nursing home and assisted living to be taken out of uses because the deed restriction states no residential. Andy Brewer, Planning Board Attorney, stated there is a cross over between paying and living and there are many definitions. Assisted living and nursing homes use are more commercial. Mr. Hall stated Sunrise Assisted Living is already in this zone. Mr. Kibalo asked for the zone to be changed where Sunrise Assisted Living is located. Ms. Leheny stated we are not redefining the zones only the uses for nonresidential. Mayor Karr stated we do not want 400 more residential units. Mr. Kibalo asked to make this permanently an office building. Mr. Brewer explained the application process to add a use when not permitted which goes through the Board of Adjustment and Planning Board and only the owner of the property can request. Property owners in 200 feet would be notified for any site plan development. Mr. Kibalo asked for a copy of the deed restriction. Mr. Bob Bianchi, 11 Layer Drive, asked about the process for an assisted living facility application. Cross discussion with Mayor Karr and Attorney John Horan. Mr. Bianchi asked about the definition of warehouse/wholesale establishments and if a warehouse would be able to store explosives, chemicals or hazardous materials. Mr. Hall stated the application for warehouse use was already approved on Route 53 for 496,000 square feet. Mr. Jim Rogers stated storage of hazardous materials is highly regulated and you have to have a permit to store anything environmentally dangerous on site. Mr. Bianchi stated he does not want this ordinance to pass. Mr. Brian Nunes-Vais, 19 West Hanover Avenue, was concerned about the use changes allowing drive ins open until 11:00 pm or midnight due to noise and bright lights. Mr. Nunes-Vais stated to look at conflict between business and neighborhoods. Mr. Jim Meyers, 25 Washington Avenue, agreed with the ordinance allowing more options to open businesses. Mr. Meyers asked why doctor’s offices, fraternal organizations and charitable organizations were limited to being on the 2 nd floor? Mayor Karr stated this would allow a walkable downtown and allowing these businesses on the first floor would not attract people. Seeing no one else, Mayor Karr 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 Wagner, Bruhn, Cortese, Kelly Nays: Councilmembers Goddard and Verga Absent: None Abstain: None Mayor Karr declared the ordinance adopted and finally passed. RESOLUTIONS Attorney Horan read Resolution 2023-124 entitled, “RESOLUTION AUTHORIZING PERSONNEL ACTION.” Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None UNFINISHED BUSINESS None. NEW BUSINESS None. VOUCHERS Councilmember Cortese moved the vouchers for October 5, 2023 in the amount of $871,752.93 seconded by Councilmember Verga. Yeas: Councilmembers Wagner, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: Bruhn EXECUTIVE SESSION Moved by Councilmember Wagner at 10:33 P. M.: BE IT RESOLVED THAT Resolution 2023-125 titled “Executive Session” be adopted. Seconded by Councilmember Goddard. Voice Vote. All in favor. At 11:18 P.M. Councilmember Kelly moved that the Executive Session be adjourned. Seconded by Councilmember Cortese. Voice Vote. All in favor. ADJOURNMENT Councilmember Wagner moved that the Regular Meeting be adjourned at 11:18 P.M. Seconded by Councilmember Cortese. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk