MINUTES OF A MEETING OF THE MAYOR AND COUNCIL November 17, 2003 Regular Meeting Page 1 of 7 CALL TO ORDER The, November 17, 2003 Meeting of the Mayor and Council was called to order by Mayor Richard G. Kraft at 8:00 p.m. in the Garabrant Center, 4 Wilson Street, Mendham, New Jersey. INVOCATION AND FLAG SALUTE Mayor Kraft offered a moment of silent prayer, followed by the Pledge of Allegiance. OPENING STATEMENT Notice of this meeting of the Mayor and Council of the Borough of Mendham was published in the Observer Tribune and the Morristown Daily Record, and was posted on the Phoenix House bulletin board on January 9, 2003 in accordance with the Open Public Meetings Act. ATTENDANCE Mayor Richard Kraft Councilman John Andrus Councilman Gerard Dolan Councilman Louis Garubo Council President Neil Henry Councilman Lawrence Haverkost Councilman Stanley Witczak Also present: Paula DeBona, Assistant Borough Attorney Absent: Ralph Blakeslee, Borough Administrator APPROVAL OF MINUTES No minutes were presented ACTIONS TAKEN Brownie Troop 2105 requests permission to have a campfire at the Mountain Ave. pond on November 21, 2003 for one (1) hour from 7-8pm. Motion to approve by Mr. Garubo Second by Mr. Witczak Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None Mendham Township 8th Grade Fundraising Committee requests permission to hang a banner over Rt. 24 to announce a Sports Memorabilia Auction. Motion to approve by Mr. Witczak Second by Mr. Henry Roll Call - the vote was unanimous as follows: In favor: None Opposed: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Abstain: None Absent: None ORDINANCES FOR INTRODUCTION ORDINANCE # 21 -03 BE IT RESOLVED THAT ORDINANCE # 21 -03 ENTITLED: AN ORDINANCE TO AMEND CHAPTER 102, FEES, OF THE GENERAL ORDINANCES OF THE BOROUGH OF MENDHAM BE INTRODUCED AND READ BY TITLE ON FIRST READING MAYOR AND COUNCIL Page 2 of 7 Regular Meeting November 17, 2003 Motion to approve by Mr. Henry Second by Mr. Andrus Discussion Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None BE IT RESOLVED THAT ORDINANCE #21-03 ENTITLED: AN ORDINANCE TO AMEND CHAPTER 102, FEES, OF THE GENERAL ORDINANCES OF THE BOROUGH OF MENDHAM BE PASSED ON FIRST READING AND BE IT FURTHER RESOLVED that said ordinance shall be considered for final passage at the meeting of the Mayor and Council of the Borough of Mendham on December 1, 2003 at 8:00 in the evening prevailing time, at the Garabrant Center, 4 Wilson Street, in said Borough of Mendham at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance. BE IT FURTHER RESOLVED that the Borough Clerk be authorized and directed to advertise said ordinance in full, together with the notice of introduction thereof, in the Observer Tribune according to law. Motion to approve by Mr. Henry Second by Mr. Andrus Discussion Council directed the Attorney to prepare an amendment to the ordinance, for future introduction, to add a fee for e-mail correspondence. Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None ORDINANCE # 22 -03 BE IT RESOLVED THAT ORDINANCE # 22 -03 ENTITLED: An Ordinance Of The Borough Of Mendham, County Of Morris, State Of New Jersey To Require Pre-Service Criminal History Checks For All Applicants To The Volunteer Fire Department And First Aid Squad, And For Positions That Regularly Involve Work Or Contact With Minor, Elderly Or Infirm Residents, Participation In Inspections Or Investigations On Private Property, Or Require The Collection And Handling Of Municipal Funds And To Establish The Criminal History Check Process, Criteria And Appeals Procedure For Said Positions. BE INTRODUCED AND READ BY TITLE ON FIRST READING Motion to approve by Mr. Garubo Second by Mr. Witczak Discussion Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None BE IT RESOLVED THAT ORDINANCE #22-03 ENTITLED: An Ordinance Of The Borough Of Mendham, County Of Morris, State Of New Jersey To Require Pre-Service Criminal History Checks For All Applicants To The Volunteer Fire Department And First Aid Squad, And For Positions That Regularly Involve Work Or Contact With Minor, Elderly Or Infirm Residents, Participation In Inspections Or Investigations On Private Property, Or Require The Collection And Handling Of Municipal Funds And To Establish The Criminal History Check Process, Criteria And Appeals Procedure For Said Positions. MAYOR AND COUNCIL Page 3 of 7 Regular Meeting November 17, 2003 BE PASSED ON FIRST READING AND BE IT FURTHER RESOLVED that said ordinance shall be considered for final passage at the meeting of the Mayor and Council of the Borough of Mendham on December 1, 2003 at 8:00 in the evening prevailing time, at the Garabrant Center, 4 Wilson Street, in said Borough of Mendham at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance. BE IT FURTHER RESOLVED that the Borough Clerk be authorized and directed to advertise said ordinance in full, together with the notice of introduction thereof, in the Observer Tribune according to law. Motion to approve by Mr. Garubo Second by Mr. Haverkost Discussion Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None ORDINANCE # 23 -03 BE IT RESOLVED THAT ORDINANCE # 23 -03 ENTITLED: An Ordinance Of The Borough Of Mendham, County Of Morris, State Of New Jersey To Recognize The Mendham First Aid Squad, Inc. BE INTRODUCED AND READ BY TITLE ON FIRST READING Motion to approve by Mr. Garubo Second by Mr. Andrus Discussion Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None BE IT RESOLVED THAT ORDINANCE #23-03 ENTITLED: An Ordinance Of The Borough Of Mendham, County Of Morris, State Of New Jersey To Recognize The Mendham First Aid Squad, Inc. BE PASSED ON FIRST READING AND BE IT FURTHER RESOLVED that said ordinance shall be considered for final passage at the meeting of the Mayor and Council of the Borough of Mendham on December 1, 2003 at 8:00 in the evening prevailing time, at the Garabrant Center, 4 Wilson Street, in said Borough of Mendham at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance. BE IT FURTHER RESOLVED that the Borough Clerk be authorized and directed to advertise said ordinance in full, together with the notice of introduction thereof, in the Observer Tribune according to law. Motion to approve by Mr. Garubo Second by Mr. Haverkost Discussion Council directed the Attorney to clarify that the bylaws referenced within the Ordinance are those of the First Aid Squad Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None RESOLUTIONS 190-03 WHEREAS, Michael B. Fitness, Inc. has applied for a sewer connection MAYOR AND COUNCIL Page 4 of 7 Regular Meeting November 17, 2003 permit for a fitness studio in an existing structure located on property designated as Lot 3 in Block 601, which is also known as 6 East Main Street. This portion of the structure is currently vacant and is connected to the sewer collection system; and WHEREAS, the use of this portion of the existing structure as a fitness studio will not result in an increase in the sewerage flow generated by the subject property; and WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the application, and has recommended the approval of the connection; and WHEREAS, based upon the information submitted by the applicant under date of October 15, 2003, the application meets the requirements of Subsection 168- 47B(1)(b) of the Borough Code. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, in the County of Morris and State of New Jersey, that the aforesaid application be approved, subject to the following: compliance with Section 168- 49 of the Borough Code, requiring water-saving fixtures; the flow not exceeding 260 gpd; and Planning Board approval, if required. This Resolution shall take effect immediately, but the approval hereby granted shall be subject to revocation if the flow standard as projected is exceeded in actual use. Motion to approve by Mr. Henry Second by Mr. Haverkost Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None 192-03 WHEREAS, the Borough of Mendham and Concrete Masters, Inc. entered into a contract dated June 16, 2003 for the 2003 Sidewalk Reconstruction Program; and WHEREAS, Concrete Masters, Inc. has requested an amendment to the contract to adjust estimated quantities to final as-built quantities. NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Mendham, in the County of Morris, and State of New Jersey, that the nature of the changes as described in the attached Change Order No. 1 to the contract with Concrete Masters, Inc. be and the same are hereby approved, and the Mayor and Borough Clerk are hereby authorized and directed to execute said Change Order on behalf of the Borough. BE IT FURTHER RESOLVED, that said Agreement shall be amended to reflect an increase in an amount not to exceed $9,285.85. Motion to approve by Mr. Dolan Second by Mr. Garubo Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None 193-03 WHEREAS, Stephen and Laura Toma have submitted a plan entitled "Plot Plan, Lot 29, Block 2401" prepared by Stephen E. Parker, P.E., dated November 2, 2003, (the "Plan"), to the Borough Council for approval; and WHEREAS, in accordance with Ord. Sec 179-3B, the Planning Board has reviewed the Plan and has recommended that the Borough Council approve the Plan; and WHEREAS, the Borough Engineer, Paul Ferriero, has reviewed the Plan and the revisions thereto and recommends that the Borough Council approve the plan and that the applicant deposit engineering inspection fees in the amount of $500.00; and WHEREAS, the Borough Council has reviewed the Plan, and the recommendations of the Planning Board and the Borough Engineer and has found the Plan to conform to the requirements of Chapter 179 of the Code of the Borough of MAYOR AND COUNCIL Page 5 of 7 Regular Meeting November 17, 2003 Mendham. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mendham, County of Morris, and State of New Jersey, as follows: 1. The Soil Erosion Plan entitled "Plot Plan, Lot 29, Block 2401" prepared by Stephen E. Parker, P.E., dated November 2, 2003, is hereby approved. 2. Stephen and Laura Toma shall deposit the sum of $500.00 by certified check with the Borough for inspection fees prior to the commencement of any construction. 3. The work being done pursuant to this approval shall be in accordance with the requirements of Chapter 179 of the Code of the Borough of Mendham and inspected by the Borough Engineer. Motion to approve by Mr. Henry Second by Mr. Dolan Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None 194-03 WHEREAS, there appears to be insufficient funds in the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands thereon for the balance of the current year: Recycling S/W, Gas Heat O/E, and Fire Related Services S/W; and WHEREAS, there appears to be a Surplus in the following accounts (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund, or Interest and Debt Redemption Charges) over and above the demand deemed to be necessary for the balance of the current year: Electric O/E, Water O/E, and Aid To Volunteer Ambulance O/E ; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, State of New Jersey, (not less than two thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-58, part of the Surplus in the accounts heretofore mentioned are hereby transferred to the account (excepting the appropriation for Contingent Expenses or Deferred Charges) mentioned as being insufficient to meet the current year demands; and BE IT FURTHER RESOLVED that the Treasurer is hereby authorized and directed to make the following transfers: FROM: TO: Electric O/E 1,500.00 Recycling S/W 1,500.00 Water O/E 4,500.00 Gas Heat O/E 4,500.00 Aid to Volunteer Fire Related Ambulance O/E 2,000.00 Services S/W 2,000.00 Motion to approve by Mr. Dolan Second by Mr. Witczak Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None ADMINISTRATOR'S ITEMS Police Consolidation Study - Council requested copies of the study done in 1991-92 for comparison. West Morris Regional High School Expansion - Council discussed the presentation by the West Morris School Board to the Mendham Borough Planning Board with regard to the expansion of the High School. Mayor Kraft noted that the Planning Board made it's objection to the expansion very clear, both at the meeting and in a letter to the Commissioner of Education. MAYOR AND COUNCIL Page 6 of 7 Regular Meeting November 17, 2003 Phoenix House Restoration - Mr. Dolan requested information on the range of the bids received for the restoration project. Bulk Item Pick-up - Mayor Kraft requested that all complaints be documented. COUNCIL REPORTS, OLD AND NEW BUSINESS Recreation - Mr. Haverkost reported on a meeting with the consultant working on the Cosma tract to devise a more affordable project. Mr. Haverkost queried whether anything can be done about a website which he considers a discredit to the community. He would like to see if anything can be done to separate it from the Borough. Mayor Kraft stated that the site is not claiming to be the official site of the Borough, but that the Garden Club and Business Association, who advertise on the site, have been advised that it is not the official site. Finance - Mr. Andrus reported that the budget process is moving forward. He also reported that delinquent taxes are currently up 40% over last year. Public Safety - Mr. Garubo requested that Council investigate making Tempe Wick Road one-way. After a discussion, a majority of Council agreed to investigate the installation of a "No Left Turn" sign. Land Use - Mr. Henry reported that the Ten Towns Committee is requesting ground slope improvements. Mayor Kraft stated that the request has been made before and after investigation it was determined that the Borough does not have any slopes to address. Mr. Henry reported that a meeting will be scheduled with the Township to discuss the ground lease and funding for the joint Library and that a Library Sub-committee meeting will be held on December 4th at 7:30 am at the Garabrant Center. Personnel - Mr. Witczak advised Council of the request for an additional employee to be hired for the Sewer Department. A meeting will be arranged with the Public Works Supervisor, Wastewater Treatment Manager and the Personnel Committee. MAYOR'S ITEMS Mayor Kraft had no additional items. PUBLIC PORTION Jim Cillo, 5 Aster Terrace, stated that he performed a survey on a Police Department merger with the Township in the 70's and would be in favor of a merger at this time. Dave Murphy, 57 Hampshire Dr., stated that he is against the merger and would like to see the results of the current study when available. He feels the policing philosophy is different in the Township. Mayor Kraft stated that no decision has been made and there are no preconceived definitions of who will run the department and there is no intent to reduce the size of the police force. He recognizes that this subject is of concern to a lot of residents. Diana Callahan, Mountain Ave., requests that Council take into consideration locating some facilities in the Township so as to not affect the Borough's already fragile infrastructure. Tom Berenback, OEM, expressed his interest in meeting with the High School officials as a representative of the Fire Department and Office Of Emergency Management. Mayor Kraft responded that Mr. Berenback should attend School Board meetings. Joseph Schmadel, 18 Franklin Ave., expressed his concern for the safety of people crossing Borough roads. He stated that Cold Hill Road is treacherous and that motorists do not stop for people in crosswalks. He would be in favor of traffic lights. APPROVAL OF VOUCHERS Minute Book Attachment Bill List dated November 17, 2003 Motion to approve by Mr. Andrus Second by Mr. Dolan Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak MAYOR AND COUNCIL Page 7 of 7 Regular Meeting November 17, 2003 Opposed: None Abstain: None Absent: None Resolution 191-03 WHEREAS, it is necessary for the Mayor and Council of the Borough of Mendham to discuss a matter relating Contract Negotiations and Litigation, which matter is permitted by Section 7.b. of the Open Public Meetings Act (Chapter 231 of the Public Laws of the State of New Jersey for 1975) to be discussed in closed session in the absence of the public; and WHEREAS, the Mayor and Council of the Borough of Mendham has determined that it is necessary in the public interest that the matter in fact be discussed in closed session, and has estimated that, as nearly as can now be ascertained, the results of the discussion can be disclosed to the public at the following time and under the following circumstances: when the matter is resolved NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, in the County of Morris and State of New Jersey that the public be excluded from the ensuing portion of this meeting, during which only the aforestated matter will be discussed. Motion to approve by Mr. Henry Second by Mr. Dolan Roll Call - the vote was unanimous as follows: In favor: Andrus, Dolan, Garubo, Haverkost, Henry, Witczak Opposed: None Abstain: None Absent: None Council entered Executive Session at 9:25 pm. Council returned to open session at 9:55 pm. ADJOURNMENT There being no further business scheduled for the consideration of the Borough Council at this time, on motion duly made, seconded and unanimously carried, the meeting was adjourned at 10:00 p.m., next to convene at the Regular Meeting to be held on December 1, 2003 at 8:00 pm at the Garabrant Center, 4 Wilson Street, Mendham, NJ 07945. Respectfully submitted, _____________________________ Cheryl A. Jones, RMC Borough Clerk |