City Council

Minutes of the Conference Meeting of the Borough Council held October 19, 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—arrived at 7:32 P.M. Salvatore Cortese Joan Goddard Cathie Kelly Nancy Verga Absent: None Present: John E. Horan, Esq., Borough Attorney ITEMS FOR DISCUSSION Councilmember Verga circulated a draft amendment for warehouse definitions to be reviewed. Guidance from the State will be coming out soon with a draft ordinance regarding warehouse definitions. Mayor Karr stated it is too early to amend the ordinance. Cross discussion. Mayor Karr stated the new ordinance is not inconsistent with the masterplan and guidance from the State was followed. Ms. Verga stated the State recommendations were not followed with regard to defining the types of warehouse and identifying which types would be permitted in the Borough’s commercial zones. Leon Hall, Engineer, stated all comments were discussed. Cross discussion. Mayor Karr stated we should wait for the model ordinance to come out from the State and he is not opposed to revisiting this matter. Councilmember Goddard asked about the purchase of cameras for DPW garage and stated a discussion and approval should have been made by the Council. Mayor Karr stated the cameras will be purchased from a co-op and we do not have to go out to bid and Chief Koroski researched several companies. Mayor Karr stated a new Rotary sign will be placed at Route 53 and Foxwood Drive, “Welcome to Morris Plains.” Councilmember Bruhn discussed a new group using the Community Center which raises concerns if they are “for profit”. Mr. Bruhn discussed room reservations at the Community Center. Cross discussion. 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 19, 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 None. APPROVAL OF CONSENT AGENDA Councilmember Wagner moved: REPORTS Animal Control, September 2023 Sanitarian, September 2023 Building Inspector, September 2023 Municipal Court, September 2023 Police Department, September 2023 Borough Clerk, September 2023 Animal Licensing, September 2023 Tax Collector, September 2023 Treasurer, September 2023 Tipping Fees, April through September 2023 Resolution 2023-127 entitled, “GIFT OF LIFE INC. OF NJ RAFFLE LICENSE NO. 337-23.” Resolution 2023-128 entitled, “FORM OF RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJSA 40A:4-87 AARP COMMUNITY CHALLENGE GRANT.” Resolution 2023-129 entitled, “RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJSA 40A:4-87 MUNICIPAL ALLIANCE GRANT.” Resolution 2023-130 entitled, “RESOLUTION IN SUPPORT OF SENATE BILL 3739 DELAYING THE FOURTH ROUND OF AFFORDABLE HOUSING OBLIGATIONS FROM JULY 1, 2025 TO JULY 1, 2028.” Having polled the Council on October 13, 2023, that a Filming Permit was issued to Lion Television for use of a portion of the Recreation area, 51 Jim Fear Drive on Tuesday October 17,2023. The Building Department be authorized to advertise for the position of Part-time Plumbing Inspector. The Borough Treasurer be authorized to advertise for the receipt of bids for Shade Tree Work with bids to be received on Wednesday, November 29, 2023, up to 10:30 A.M., in the Council Chambers. Having received a quote for purchase and installation of Cameras at the Department of Public Works, 10 Borough Terrace from PackeTalk, 163 Stuyvesant Avenue Lyndhurst, NJ 07071, Bergen County Co-op vendor, that a purchase order be issued in the amount of $14,898.00. Borough Council authorize the release and return of engineering review and inspection fees in the amount of $329.80 to Palazzo Landscaping, 47 Carrell Road, Randolph, NJ, for Road Opening #988 per the Borough Engineer’s correspondence dated October 19, 2023. Seconded by Councilmember Goddard. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None Mayor Karr welcomed Cub Scout Troop 233 along with their Den Leader, Rob Davies. The troop toured the Fire Station and Police Department and is working on receiving their Learning about Government badge. Mayor Karr along with Councilmembers, Attorney, Engineer, Chief of Police and Borough Clerk each gave a short description of their job in the Borough. PUBLIC INVITATION FOR DISCUSSION Mayor Karr asked if there was anyone who wanted to speak to come forward. Bill Grecco, 9 Higbie Way, spoke about the additional lighting at the new development on American Road. Mr. Grecco also commended the Council on approving the zoning ordinance to allow new businesses in town, but did suggest to review the State mandates for warehouses when the report comes out. Mayor Karr said this will be revisited in the future. Mr. Grecco requested signs on Hanover Avenue to show where American Road is located. Mayor Karr stated this is a County road and we are waiting for signal lighting changes and can request new signage. Rob Davies, Cub Master Pack 233, thanked Mayor and Council for all of their hard work to keep the Community of Caring running and thank you on behalf of the Cub Scouts for all of your support throughout the years. Marianne Steckert, 17 Jaqui Avenue, is a longtime resident and states Morris Plains is special and a truly unique community. Ms. Steckert acknowledged all of the elected officials and volunteers who work tirelessly to create a thriving community for all. Ms. Steckert expressed her opinion on the recently passed ordinance and appreciates all of the hard work put into this ordinance. Mayor Karr read the following memo from Planning Board Attorney, Andy Brewer, regarding the deed restriction: In April 2016, Mack Cali filed a Deed of Restriction related to Block 171, Lots 1.01 and 38 which restricts the property from development for residential uses. This Deed restriction was imposed as a condition of Planning Board approval. The persons behind the restriction and protection it was intended to provide would be reflected in the Planning Board Resolution and files. It is important to note that there are different impacts to the community from development of single family homes, townhomes, and multi-family apartment buildings, all of which are classified as residential uses. The enforceability of the Deed restriction against a potential future development that is arguable described as “residential” would depend upon whether that particular development gave rise to the harm sought to be avoided by the Deed restriction. Finally, the Deed restriction was imposed for the benefit of the Borough as well as the citizens of the Borough, thus providing residents of the Borough with the same right to enforce its terms as the Borough should they deem it appropriate. REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS Finance Councilmember Cortese reported the library will have story time the 1st Saturday of every month. He also reported on Best Practices; the Borough received 39.5 points out of 42. Mr. Cortese reported on the AARP grant for crosswalks and that the Clerk’s office is working on medical open enrollment, election preparations, professional service agreements and Atlantic City preparations. He also reported that he and Finance Committee members Cathy Kelly and Joan Goddard are working on updating the personnel procedures manual. Public Safety Councilmember Verga reported the Traffic Committee meeting assessed signs to see what needed to be replaced or moved and that the DPW has been helping to check items off the list. She also reported on parking complaints at the new developments on American Road and Veterans Way and possible solutions. Ms. Verga reported on traffic, site obstructions, blocking the box and action items discussed at the Municipal Transportation Forum where Vision Zero was discussed. She also reported on the possibility of adopting a Complete Street policy. Ms. Verga gave an update on court proceedings and the need for translators for various languages. She reported that Ms. Thornberry, Court Administrator, prepared the 2024 budget for the vicinage. Ms. Verga updated on E-ticket issuance and criminal complaints from 2022 and 2023. Police Department’s Report Chief Koroski reported officers are wearing pink patches for Breast Cancer Awareness month and patches can be purchased through the PBA. Chief Koroski reported drug take back will be at Stop and Shop on October 28th. Chief Koroski reported there will be 2 bike patrol officers at the bonfire and Halloween parade and that the Education Foundation 5K will be in November. Public Works Councilmember Goddard reported on the lantern fly grant and the DPW contract will be expiring at the end of this year and a new contract is being worked on. Ms. Goddard reported DPW is picking up leaves, brush pick up, tennis court gate is fixed, Simons Park fence was repaired and Community Park Pool was closed. DPW is also working on the air raiders at Community Park pond and hydro raking at Watnong Park. Engineer Report Mr. Hall reported on the Route 53 and American Road developments. He also reported on the Route 53 warehouse development; the developer is waiting for the NJDOT permit and developer agreement approval and once received a preconstruction meeting will be held and work will begin 2 to 3 months later. Public Buildings & Grounds Councilmember Bruhn reported the bonfire will be October 28th, the annual Halloween parade will be 4:00 pm rain or shine on Halloween and window painting will be October 27th. Mr. Bruhn reported the next Recreation meeting will be the 26th and Shade Tree meeting will be November 6th. Public Health, Sanitation & Sewers Councilmember Kelly reported James Merendino is the new Clean Communities coordinator and clean ups will be scheduled in October and November. She also reported on Wellness Day and parent guides that were available and examples of what real drugs look like and what fentanyl drugs look like. Ordinance & Public Utilities Councilmember Wagner reported he met with Verizon liaison regarding older poles on Valley Stream Drive. He also reported the holiday farmers market will be December 2nd and gave updates on 2 Planning Board applications that were deemed incomplete at the last meeting, but will be up for approval at the November 20 th meeting. Mayor Karr reported George Ross, Community Garden coordinator has retired and thanked Mr. Ross for all of his hard work and dedication for many, many years. Lynn Schunzel will be the new coordinator. INTRODUCTION OF ORDINANCES None. ORDINANCES ON SECOND READING None. UNFINISHED BUSINESS None. NEW BUSINESS Councilmember Cortese reported and gave an overview on Best Practices for 2023. VOUCHERS Councilmember Cortese moved the vouchers for October 19, 2023 in the amount of $1,372,030.35 seconded by Councilmember Wagner. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None EXECUTIVE SESSION Moved by Councilmember Wagner at 9:29 P. M.: BE IT RESOLVED THAT Resolution 2023-131 titled “Executive Session” be adopted. Seconded by Councilmember Bruhn. Voice Vote. All in favor. At 10:34 P.M. Councilmember Goddard moved that the Executive Session be adjourned. Seconded by Councilmember Wagner. Voice Vote. All in favor. REGULAR MEETING REOPENED Attorney Horan stated that going forward from October 19, 2023 the DPW will be setting up a female facility for all female employees independent of male employees. RESOLUTIONS Attorney Horan read Resolution 2023-132 entitled, “RESOLUTION AUTHORIZING DISCIPLINARY ACTION.” Seconded by Councilmember Wagner. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None Attorney Horan read Resolution 2023-133 entitled, “RESOLUTION AUTHORIZING DISCIPLINARY ACTION.” Seconded by Councilmember Goddard. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None Attorney Horan read Resolution 2023-134 entitled, “RESOLUTION AUTHORIZING DISCIPLINARY ACTION.” Seconded by Councilmember Verga. Yeas: Councilmembers Wagner, Bruhn, Goddard, Kelly, Verga Nays: Cortese Absent: None Abstain: None Attorney Horan read Resolution 2023-135 entitled, “RESOLUTION AUTHORIZING PERSONNEL ACTION.” Seconded by Councilmember Bruhn. Yeas: Councilmembers Wagner, Bruhn, Cortese, Goddard, Kelly, Verga Nays: None Absent: None Abstain: None Mayor Karr reported News Channel 12 will be filming their Main Street NJ segment in the Borough on October 27th featuring 7 businesses. Councilmember Goddard asked for clarification on the deed restriction. Mr. Horan responded that while the deed restriction prohibits residential development on that particular lot in perpetuity, it is likely that nursing homes, assisted living centers and rehab centers would not be classified as “residential.” ADJOURNMENT Councilmember Bruhn moved that the Regular Meeting be adjourned at 10:50 P.M. Seconded by Councilmember Cortese. Voice Vote. All in favor. _____________________________ Jason C. Karr, Mayor _________________________________ Rosanne Denman, Borough Clerk