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OF THE MAYOR AND COUNCIL -------- Regular Meeting -------- Page 1 of 12 CALL TO ORDER -------- The April 7, 2003 Meeting of the Mayor and Council was called to order by Mayor 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 -------- Councilman Lawrence Haverkost -------- Council President Neil Henry -------- Absent: Councilman Stanley Witczak -------- Also present:-------- Ralph Blakeslee, Borough Administrator -------------------------------- John Jansen, Borough Attorney ---------------------------------------------------------------- APPROVAL OF MINUTES The Clerk presented the following minutes for consideration: -------- Regular Meeting of March 17, 2003 Motion to approve by Mr. Dolan Second by Mr. Henry The vote was unanimous in the affirmative ACTIONS TAKEN ------------------------ Raffle---------------- ---------------- Minuteman Sports Club requests permission to hold a 50/50 raffle for Project Graduation Motion to approve by Mr. Haverkost Second by Mr. Andrus The vote was unanimous in the affirmative -------- ------------------------ Banner Request------------------------ Grace Lutheran Church requests permission to change the date of their banner announcing the Vacation Bible School from June 23-28 to June 16-21, 2003. Motion to approve by Mr. Dolan Second by Mr. Henry The vote was unanimous in the affirmative ------------------------ Banner Request------------------------ The Pastime Club requests permission to hang a banner announcing their Annual Labor Day Carnival August 25 - September 1, 2003. -------- Motion to approve by Mr. Haverkost Second by Mr. Andrus The vote was unanimous in the affirmative, with Mr. Dolan abstaining as a member of the Pastime Club. ---------------- ------------------------ Facility Request: ---------------- The Pastime Club requests use of the Borough Field from August 25 - September 2, 2003 for their annual Carnival. Motion to approve by Mr. Haverkost Second by Mr. Garubo The vote was unanimous in the affirmative, with Mr. Dolan abstaining as a member of the Pastime Club. ------------------------ Social Affair Permit:---------------- The Mendham Borough Fire Department requests permission to serve alcohol at a \ldblquote Wet Down\rdblquote /new truck dedication to be held on June 21, 2003. Motion to approve by Mr. Garubo Second by Mr. Haverkost The vote was unanimous in the affirmative, with Mr. Dolan abstaining as a member of the Fire Department. ---------------- DISCUSSION none RESOLUTIONS 81-03 (Minute Book Attachment) Introduction of 2003 Budget Motion to Approve by Mr. Andrus Second by Mr. Haverkost Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 70-03 WHEREAS, duplicate property tax payments for First Quarter 2003 were made on a property in Mendham Borough, as follows: -------- Block/Lot Overpayment---------------- Property Location ---------------- 706/20---------------- 1,843.28---------------- 25 Phoenix Drive; and WHEREAS, proof has been presented to determine who made the payments; and WHEREAS, it has been determined that the overpayment should be refunded to the property owner; and WHEREAS, the owner has requested that the overpayment be returned to her. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, State of New Jersey, that the Borough Treasurer issue a check in the amount listed and to the party listed below for refund of duplicate property tax payment. Wendy Snyder---------------------------------------- 706/20 25 Phoenix Drive---------------------------------------- $1,843.28 Mendham, NJ 07945 Motion to Approve by Mr. Andrus Second by Mr. Garubo Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 71-03 WHEREAS, John and Debra Smith have made application for a sewer connection permit for the improvement of an existing residential structure to add two bedrooms to property designated as Lot 4 in Block 305, which is also known as 8 Lake Drive. This structure is presently used as a single family home and is currently connected to the sewer collection system; and WHEREAS, the improvements to the structure will result in a projected sewage flow of 300 gpd; and WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the application, and has noted that it complies with Section 168-47 of the Code of the Borough; and WHEREAS, based upon the information submitted by the applicant under date of March 18, 2003, the application meets the requirements of Subsection 168-47 (B)(2) 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 and Board of Adjustment or Planning Board approval, as applicable, of variances required. ------------------------ This Resolution shall take effect immediately. ---------------- 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak ---------------------------------------- 72-03 WHEREAS, the New Jersey Department of Transportation provides grants for sidewalk improvements through the Transportation Enhancement Program; and WHEREAS, the Mayor and Borough Council have determined that a grant application should be submitted to the New Jersey Department of Transportation for the construction of a hike/bikeway at the Cosma property and for improvements to sidewalks along North Linden Road to link the Cosma Property to Patriots Path. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mendham, County of Morris, and State of New Jersey, as follows: The Municipal Council hereby authorizes execution by the Mayor and Borough Clerk of the Application to the New Jersey Department of Transportation for a Transportation Enhancement Program Grant for the construction of a hike/bikeway at the Cosma property and for improvements to sidewalks along North Linden Road to link the Cosma Property to Patriots Path. BE IT FURTHER RESOLVED that the Borough acknowledges its future maintenance obligations as they relate to the sidewalks and the hike/bikeway and agrees to continue the maintenance for a period of at least twenty (20) years. This Resolution shall take effect immediately. Motion to Approve by Mr. Dolan Second by Mr. Haverkost Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak -------------------------------- 73-03 WHEREAS, the Borough of Mendham adopted a Temporary Sewer Utility Appropriations budget for 2003 on January 1, 2003; and WHEREAS, said budget was amended on March 17, 2003 to provide for expenses incurred during the month of April, 2003; and WHEREAS, it has been determined that said Temporary Budget must be amended due to a change in municipal priorities; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Mendham, in the County of Morris, State of New Jersey that the following amendment to the Temporary Sewer Utility appropriations budget is hereby authorized. -------- Original Appropriation Amended Appropriation Other Expenses------------------------ 209,900.13 189,900.13 Capital Outlay .00 20,000.00 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak ---------------- ------------------------ ---------------- -------- 74-03 WHEREAS, the Borough of Mendham requires the services of a certified testing laboratory to perform tests required for the Borough\rquote s discharge monitoring reports for its sewage treatment plant as required by the New Jersey Department of Environmental Protection; and WHEREAS, in response to a request for quotations the following laboratories submitted a proposal to provide these services, including all sampling and sample transport: -------------------------------------------------------- -------- ANNUAL COST ---------------- LABORATORY---------------------------------------- ALL REQUIRED TESTS ---------------- Garden State Laboratories, Inc.------------------------ $ 3,720.00 ---------------- QC, Inc.------------------------------------------------ $ 3,892.00; and WHEREAS, the quotation submitted by Garden State Laboratories, Inc. was the lowest quotation received which met the Borough\rquote s specifications; and WHEREAS, this contract may be authorized without formal bidding because the annual cost is less than the mandatory bid threshold; and ---------------- WHEREAS, funds have been certified as available for this purpose. 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, as follows: 1.-------- The contract for performing the required sewage treatment plant discharge monitoring tests is hereby awarded to Garden State Laboratories, Inc. for the period June 1, 2003 through May 31, 2004 at a total cost not to exceed $3,720.00. 2.-------- All municipal officials are hereby authorized to take whatever actions may be necessary to implement the terms of this Resolution. 3.-------- This Resolution shall take effect immediately. -------- Motion to Approve by Mr. Dolan Second by Mr. Andrus Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 75-03 ---------------- WHEREAS, Mendham Borough, hereafter referred to as \ldblquote Public Entity\rdblquote is a member of the Public Alliance Insurance coverage Fund, hereinafter referred to as \ldblquote Fund\rdblquote ; and ---------------- WHEREAS, said renewal membership terminates as of January 1, 2003 at 12:01 a.m. standard time, unless earlier renewed by agreement between the Public Entity and the fund; and ---------------- WHEREAS, the Public Entity is afforded the following types of coverages: Workers\rquote Compensation, Property/Boiler and Machinery/Automobile Physical Damage/Crime/General and Auto Liability, Excess Police Professional Liability; and ---------------- WHEREAS, the Public Entity desires to renew said membership; ---------------- NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, State of New Jersey as follows: ---------------- 1.-------- The Public Entity agrees to renew its membership in the Fund for a period of three years beginning January 1, 2003, and ending January 1, 2006 at 12:01 a.m. eastern standard time, and to be subject to the coverages, operating procedures, bylaws, and other organizational and operational documents of the Fund presently existing or as from time to time amended by the Fund and/or the Department of Banking and Insurance. -------- 2.-------- The Public Entity hereby appoints Ralph Blakeslee as the Public Entity\rquote s Fund Commissioner and is authorized to execute the renewal Indemnity and Trust Agreement thereby evidencing annexed hereto and made a part hereof and to deliver same to the Fund the Public Entity\rquote s renewal of its membership. Motion to Approve by Mr. Andrus Second by Mr. Henry Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 76-03 WHEREAS, the Morris County Historic Preservation Trust Fund provides grants for rehabilitation and restorative work on historic structures; and WHEREAS, the Mayor and Borough Council have determined that a grant application should be submitted to the Morris County Historic Preservation Trust Fund for exterior preservation work for the Phoenix House, consisting of the removal of existing paint and the re-application of new paint; and WHEREAS, the Chief Financial Officer has certified that the Borough\rquote s required portion of the funding in the amount of $34,267.19 is available. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mendham, County of Morris, and State of New Jersey, as follows: The Municipal Council hereby authorizes execution by the Mayor and Borough Clerk of an application to the Morris County Historic Preservation Trust Fund for a grant in the amount of $137,068.40 for preservation work on the exterior of the Phoenix House. ---------------- This Resolution shall take effect immediately. 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 77-03 WHEREAS, an emergency has arisen due to the necessity to immediately replace the Tempe Wick Lift Station generator which had failed, a situation that was neither foreseen nor anticipated; and WHEREAS, -------- the Borough Administrator has determined that the failure of the Tempe Wick Lift Station generator affects the public health, safety and welfare of the citizens of the Borough of Mendham because, if a power failure occurs, the lack of a functioning generator will cause sewage to back up in homes around the pump station and will cause an overflow of sewage out of the pump station; and WHEREAS, N.J.S.A. 40A:11-6 provides for an emergency contract to be awarded without public advertising for bids and bidding therefore under these circumstances; and WHEREAS, the Borough Administrator has awarded a contract for the replacement generator to R.J. Control, Inc., located at 50 Harding Avenue, Dover, New Jersey 07801, at a cost not to exceed $22,000.00; and WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose; and WHEREAS, the governing body wishes to ratify the award of the Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, and State of New Jersey, that in accordance with N.J.S.A. 40A: 11-6: The award of an emergency contract to R.J. Control, Inc. in an amount not to exceed $22,000.00 for a new Tempe Wick Lift Station generator is hereby ratified and confirmed and the Mayor and Borough Clerk are directed to execute said Contract on behalf of the municipality without public advertisement and bids. 2.-------- This Resolution shall take effect immediately. 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 78-03---------------- WHEREAS, the Borough solicited proposals for removal and relocation of fish from the Mendham Borough Pond; and WHEREAS, Great Blue Lake & Pond Management submitted a satisfactory proposal, which proposal is attached hereto as Exhibit A; and WHEREAS, the contract may be awarded without advertising for sealed public bids since the amount of the contract is less than the bid threshold; and ---------------- WHEREAS, the Borough Council wishes to award a contract to Great Blue Lake & Pond Management, in accordance with the proposal attached hereto as Exhibit A. ---------------- WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose. ---------------- NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Mendham, in the County of Morris, and State of New Jersey, as follows: ------------------------ 1.-------- A contract for the removal and relocation of fish from the Mendham Borough Pond is hereby awarded to Great Blue Lake & Pond Management, 980 Old Foundry Road, Newton, NJ 07860, for an amount not to exceed $2,000.00, in accordance with the terms the proposal dated March 11, 2003, as amended. -------- ------------------------ 2.-------- This Resolution shall take effect immediately. Motion to Approve by Mr. Dolan Second by Mr. Haverkost Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 79-03---------------- WHEREAS, Stanley and Cathleen Witczak have made application for a sewer connection permit for the improvement of an existing residential structure to add an addition to property designated as Lot 5 in Block 404, which is also known as 62 Mountain Avenue. This structure is presently used as a single family home and is currently connected to the sewer collection system; and WHEREAS, the improvements to the structure will not result in change in the projected sewage flow ; and WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the application, and has noted that it complies with Section 168-47 of the Code of the Borough; and WHEREAS, based upon the information submitted by the applicant under date of March 27, 2003, the application meets the requirements of Subsection 168-47 (B)(2) 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 and Board of Adjustment approval. ---------------- This Resolution shall take effect immediately. Motion to Approve by Mr. Dolan Second by Mr. Henry Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: Absent: Witczak 80-03------------------------ BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of Morris, State of New Jersey that Resolution Number 65-82. adopted May 27, 1982 is hereby rescinded and that the records of the Borough be so noted as to this action. Motion to Approve by Mr. Dolan Second by Mr. Henry Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak ORDINANCES 07-03------------------------ BE IT RESOLVED THAT ORDINANCE #07-03 ENTITLED: Bond Ordinance Appropriating $1,417,370, And Authorizing The Issuance Of $1,348,100 Bonds Or Notes Of The Borough, For Various Improvements Or Purposes Authorized To Be Undertaken By The Borough Of Mendham, In The County Of Morris, New Jersey. BE INTRODUCED AND READ BY TITLE ON FIRST READING 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak ---------------- (Full Ordinance- -Minute Book Attachment) -------- Mr. Andrus gave a brief overview of the Ordinance which is for various improvements within the Borough, including The Phoenix House, various sidewalk and road projects and $25,000 for a Library Study. BE IT RESOLVED THAT ORDINANCE #07-03 ENTITLED: Bond Ordinance Appropriating $1,417,370, And Authorizing The Issuance Of $1,348,100 Bonds Or Notes Of The Borough, For Various Improvements Or Purposes Authorized To Be Undertaken By The Borough Of Mendham, In The County Of Morris, New Jersey. ---------------- 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 April 21, 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. Andrus Second by Mr. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 08-03------------------------ BE IT RESOLVED THAT ORDINANCE #08-03 ENTITLED: Ordinance Providing For Improvement Of The Sanitary Sewerage System In And By The Borough Of Mendham, In The County Of Morris, New Jersey, And Appropriating $288,000 Therefor From The Sewer Capital Improvement Fund Of The Borough. BE INTRODUCED AND READ BY TITLE ON FIRST READING 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 -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak (Full Ordinance- -Minute Book Attachment) BE IT RESOLVED THAT ORDINANCE #08-03 ENTITLED: ---------------- Ordinance Providing For Improvement Of The Sanitary Sewerage System In And By The Borough Of Mendham, In The County Of Morris, New Jersey, And Appropriating $288,000 Therefor From The Sewer Capital Improvement Fund Of The Borough. ---------------- 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 April 21, 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. Dolan Second by Mr. Garubo Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak 09-03 BE IT RESOLVED THAT ORDINANCE #09-03 ENTITLED: Ordinance Providing For The Acquisition Of New And Additional Equipment For Use By The First Aid Squad Of The Borough Of Mendham, In The County Of Morris, New Jersey, And Appropriating $5,000 Therefor From The General Capital Fund Of The Borough. BE INTRODUCED AND READ BY TITLE ON FIRST READING Motion to Approve by Mr. Garubo Second by Mr. Andrus Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak (Full Ordinance- -Minute Book Attachment) BE IT RESOLVED THAT ORDINANCE #09-03 ENTITLED: Ordinance Providing For The Acquisition Of New And Additional Equipment For Use By The First Aid Squad Of The Borough Of Mendham, In The County Of Morris, New Jersey, And Appropriating $5,000 Therefor From The General Capital Fund Of The Borough. ---------------- 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 April 21, 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. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: Absent: Witczak 10-03------------------------ BE IT RESOLVED THAT ORDINANCE #10-03 ENTITLED: An Ordinance Authorizing The Acquisition Of A Leasehold Interest In Certain Real Property In The Borough Of Mendham, County Of Morris, And State Of New Jersey For Use For Public Recreational Purposes BE INTRODUCED AND READ BY TITLE ON FIRST READING Motion to Approve by Mr. Haverkost Second by Mr. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: -------- Absent: Witczak Mr. Haverkost stated that the Library Board voted 9-0 to accept the lease terms. (Full Ordinance- -Minute Book Attachment) BE IT RESOLVED THAT ORDINANCE #10-03 ENTITLED: An Ordinance Authorizing The Acquisition Of A Leasehold Interest In Certain Real Property In The Borough Of Mendham, County Of Morris, And State Of New Jersey For Use For Public Recreational Purposes ---------------- 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 April 21, 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. Andrus Second by Mr. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: Absent: Witczak 05-03---------------- BE IT RESOLVED THAT ORDINANCE #05-03 ENTITLED: -------- An Ordinance Of The Borough Of Mendham, County Of Morris, And State Of New Jersey Regarding Parking During Certain Hours On Tempe Wick Road BE READ BY TITLE ON SECOND READING AND A HEARING HELD THEREON Motion to Approve by Mr. Garubo Second by Mr. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: Absent: Witczak -------- OPEN PUBLIC HEARING: Marie Pfeiffer asked for clarification of the Ordinance. Mayor Kraft responded that there will be no parking on the road during certain hours. -------- BE IT RESOLVED THAT ORDINANCE #05-03 ENTITLED: An Ordinance Of The Borough Of Mendham, County Of Morris, And State Of New Jersey Regarding Parking During Certain Hours On Tempe Wick Road BE PASSED ON FINAL READING AND THAT A NOTICE OF FINAL PASSAGE be published in the Observer Tribune. Motion to Approve by Mr. Garubo Second by Mr. Dolan Roll Call - the vote was unanimous as follows: -------- In favor: Andrus, Dolan, Garubo, Haverkost, Henry -------- Opposed:-------- -------- Abstain: Absent: Witczak ---------------- NOTICE IS HEREBY GIVEN that the above entitled ordinance was regularly, duly and finally adopted at a meeting of the Mayor and Council of the Borough of Mendham, County of Morris and State of New Jersey, held on April 7, 2003. ADMINISTRATOR'S ITEMS Mr. Blakeslee reported on a letter he received with regard to National Day of Prayer. The Mendham Interchurch would like to hold a \ldblquote Teen Blaze\rdblquote , which would include a bonfire, at Borough Park on April 19th, 2003. Council agreed to grant approval for the use of the park without the bonfire. Mr. Andrus wished to note the passing of former Councilman Barry Starke. He suggested a tree planting in the future. The Mayor reported that residents have been requesting the Borough construct a dog park. He suggested the Council ask the Recreation Department to look for a place to put one. Mr. Dolan requested the Finance Committee have a meeting to discuss the Library and the shared Police building. Mr. Henry requested an Executive session be held at the next meeting for Personnel discussion. COUNCIL REPORTS, OLD AND NEW BUSINESS None PUBLIC COMMENT: Wim Matthijssen, Lisa Panfile and Barb Haslam, Orchard Street, were in attendance to express their concern with the Audi Dealership. They stated that the employees eat their lunches in their cars and watch the children as the walk home from school. The dealership also uses the street as a \ldblquote test track\rdblquote for vehicles. There have also been incidents of cars parked on the street for 3 days and nights. The dealership is also storing tires and parts behind the building. The residents feel these things are in violation of what the owners of the dealership agreed to do upon being granted approval for the site. Mr. Matthijssen feels that there is selective enforcement on behalf of the Borough Police, as the same issues arise every few months. Then Mayor stated that he would contact the owners of the property and express the residents concerns, he will also discuss the situation with the Zoning Officer to see if there can be any enforcement of the Resolution. APPROVAL OF VOUCHERS Minute Book Attachment Bill List dated April 7, 2003 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 -------- Opposed:-------- -------- Abstain Absent: Witczak ADJOURNMENT PUT IN TIME OF ADJOURNMENT AND DATE OF NEXT MEETING 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 9:07 p.m., next to convene at the Regular Meeting to be held on April 21, 2003 at 8:00 pm at the Garabrant Center, 4 Wilson Street, Mendham, NJ 07945. ---------------------------------------------------------------- Respectfully submitted, -------- _____________________________ -------- Cheryl A. Jones, RMC -------- Borough Clerk |