Page 1 of 6 December 7, 2009 Regular Meeting MINUTES OF A MEETING OF THE MAYOR AND COUNCIL CALL TO ORDER Mayor Henry called the December 7, 2009 meeting of the Mayor and Council to order at 8:00p.m. in the Garabrant Center, 4 Wilson Street, Mendham, New Jersey. INVOCATION AND FLAG SALUTE Mayor Henry offered a moment of silence meditation, 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 in accordance with the Open Public Meetings Act. ATTENDANCE Mayor Neil Henry Councilman Stanley Witczak Council President John Andrus Councilman David Murphy Councilman Louis Garubo Also present: Fred Semrau, Esq. Ellen Sandman, Administrator Absent: Councilman Stephen Carr, Councilman Brad Badal Oath of Office: Christopher Irons-Mendham Borough Police Department Chief John Taylor addressed the public and family/friends of Mr. Irons and expressed his pleasure in this appointment and looks forward to the future. He explained the interview process and how Officer Irons stood out as a candidate and helped in making a decision. (Officer Irons was sworn in, at a private ceremony, on December 1, 2009 in the Borough Clerk’s office.) The Oath of Office was administered by the Borough Clerk. The Mayor called for a recess so that the family and friends of Officer Irons could congratulate him. CONSENT AGENDA: Approval Annual Christmas Tree Bonfire-1/10/2010-Boro Park Res. #156-09 Release Engineering Inspection Escrow Fees (A copy of Res. #156-09 will be attached to the minutes) Mayor Henry asked if any member of the Council or any member of the public wished to have any item removed from the Consent Agenda. No requests were made. Motion to approve the Consent Agenda was made by Councilman Murphy Seconded by Councilman Garubo Discussion: None Roll Call – the vote was as follows: In favor: Andrus, Murphy, Garubo, Witczak Opposed: None Abstain: None Absent: Carr, Badal DISCUSSION ITEMS: John Anderson-Jersey Central Power & Light: Mr. Anderson addressed the issue of replacement of street lamps with sodium vapor lamps which are give off a bright orange glow. The former incandescent lights are no longer available and the options are limited. He noted that if a photo cell or a bulb is bad they can be replaced. When the ‘head’ is bad it requires a new fixture. There was a question posed as to how many heads go bad in a year. Mr. Anderson responded that he could run a report for an answer and respond back. Page 2 of 6 December 7, 2009 Regular Meeting John Anderson-Jersey Central Power & Light: (Cont’d.) There was a brief discussion on LED fixtures being considered as a replacement but at this time there is no data available on this new technology and the viability long term. They do use less electricity but the cost is higher. To reduce the brightness of the sodium vapor lamps, suggestions such as the use of shields and the reduction in wattage were addressed. Mr. Anderson did note that JCP&L is regulated by the Board of Public Utilities which requires them to adhere to specific standards and price. Mr. Anderson responded further that shields would not an option but the wattage of the lights is dictated by the municipalities. He suggested that the Borough Engineer do a review of the wattage of the lights in the Borough and make recommendations to the Council. He did note that to change the wattage of the lights already in place would not be cost effective. The next issue discussed was the Borough wide outages that occur on a frequent basis. Mr. Doug Pechanec, Business Administrator/Board Secretary, was present in the audience to express his concerns with the numerous outages that affect the computers at the Mendham High School. Mr. Anderson explained the function of the sub-station in the Borough and that is was one of the complex areas that JCP&L has to contend with. He did note that the new technological concept is set up to cause short term outages vs. in the past where the outage would be longer in duration and required a team dispatched to the location. Mr. Anderson further noted that presently the Engineers at JCP&L are looking into the history to determine of the cause of the outages are on the distribution or transmission side. Mayor Henry opened this discussion to the public. Richard Kraft, 5 Prospect Street, commented that on his street, 3 out of the 4 lights have been recently changed. He questioned the wattages of the incandescent vs. the sodium vapor and felt that the new lights were higher in watts. He further commented that the sodium vapor lights violate the historic look of the area. Mr. Kraft noted that his dislike of the new lights was his personal feeling and an aesthetic issue. Mr. Anderson responded that he could check out the wattages of both and added that most have the number of watts on the fixture. The new lights in Morristown were discussed and Mr. Anderson noted that they are billed on for usage only and the town paid for the underground work. He felt that it was not cost effective. Douglas Pechanec, Business Administrator/Board Secretary, asked what the anticipated time line for completion of the study being conducted by JCP&L regarding the numerous outages in the Borough. Mr. Anderson responded that shortly after the 1st of the year. Mr. Pechanec asked what information would be formulated from this report. Mr. Anderson responded that it would highlight any common theme with regard to the outages and whether the substation or the number trees in the area are impacting the performance of the system. He also concluded that a generator on site at the high school might be a solution. Frank Lupo, 17 Dean Road, reported that the outages have an impact on his home as well. He also commented on his personal issue with service fed to his home with an overhead cable that needs to be buried underground. The Mayor closed the public portion on this issue and continued the meeting. ORDINANCE INTRODUCTION: None ORDINANCE PUBLIC HEARING/ADOPTION: Mayor Henry noted that this ordinance was tabled at the November 16, 2009 meeting. He reported that a meeting was held on Thursday, December 3rd to discuss with those residents from the last meeting who expressed concerns. At the end of the meeting, two out of the three residents where satisfied and in support of the ordinance. Page 3 of 6 December 7, 2009 Regular Meeting ORDINANCE #14- 09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT CHAPTER 215, ZONING, ARTICLE XV, HISTORIC DISTRICT OVERLAY ZONE, SECTION 215-48, ESTABLISHMENT OF OVERLAY ZONE, OF THE CODE OF THE BOROUGH OF MENDHAM Was published in full in the Observer Tribune. (A copy of Ordinance #14-09 attached to these minutes.) Mayor Henry opened the public hearing on Ordinance #14-09.There were no comments from the public. The public hearing was closed. BE IT RESOLVED, by the Borough Council of the Borough of Mendham that, ORDINANCE #14- 09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT CHAPTER 215, ZONING, ARTICLE XV, HISTORIC DISTRICT OVERLAY ZONE, SECTION 215-48, ESTABLISHMENT OF OVERLAY ZONE, OF THE CODE OF THE BOROUGH OF MENDHAM Be passed and adopted on this, the final reading by title, and that the Clerk be authorized and directed to advertise final passage and adoption of said ordinance in the Observer Tribune, according to law. Motion to adopt Ordinance #14-09 was made by Councilman Andrus Second by Councilman Witczak Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Andrus, Witczak, Murphy Opposed: None Abstain: None Absent: Carr, Badal ORDINANCE PUBLIC HEARING/ADOPTION: ORDINANCE #16-09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND CHAPTER 102, FEES, OF THE CODE OF THE BOROUGH OF MENDHAM WITH REGARD TO SEWER RATES Was published in full in the Observer Tribune. (A copy of Ordinance #16-09 attached to these minutes.) Mayor Henry opened the public hearing on Ordinance #16-09. There were no comments from the public. The public hearing was closed. BE IT RESOLVED, by the Borough Council of the Borough of Mendham that, ORDINANCE #16-09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND CHAPTER 102, FEES, OF THE CODE OF THE BOROUGH OF MENDHAM WITH REGARD TO SEWER RATES Be passed and adopted on this, the final reading by title, and that the Clerk be authorized and directed to advertise final passage and adoption of said ordinance in the Observer Tribune, according to law. Page 4 of 6 December 7, 2009 Regular Meeting Motion to adopt Ordinance #16-09 was made by Councilman Murphy Second by Councilman Garubo Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Andrus, Witczak, Murphy Opposed: None Abstain: None Absent: Carr, Badal ORDINANCE PUBLIC HEARING/ADOPTION: ORDINANCE #17-09 AN ORDINANCE CONCERNING SALARIES FOR OFFICERS AND EMPLOYEES OF THE BOROUGH OF MENDHAM Was published in full in the Observer Tribune. (A copy of Ordinance #17-09 attached to these minutes.) Mayor Henry opened the public hearing on Ordinance #17-09. There were no comments from the public. The public hearing was closed. BE IT RESOLVED, by the Borough Council of the Borough of Mendham that, ORDINANCE #17-09 AN ORDINANCE CONCERNING SALARIES FOR OFFICERS AND EMPLOYEES OF THE BOROUGH OF MENDHAM Be passed and adopted on this, the final reading by title, and that the Clerk be authorized and directed to advertise final passage and adoption of said ordinance in the Observer Tribune, according to law. Motion to adopt Ordinance #17-09 was made by Councilman Witczak Second by Councilman Garubo Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Andrus, Witczak, Murphy Opposed: None Abstain: None Absent: Carr, Badal ORDINANCE PUBLIC HEARING/ADOPTION: ORDINANCE #18-09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT CHAPTER 102, FEES, OF THE CODE OF THE BOROUGH OF MENDHAM Was published in full in the Observer Tribune. (A copy of Ordinance #18-09 attached to these minutes.) Mayor Henry opened the public hearing on Ordinance #18-09. There were no comments from the public. The public hearing was closed. BE IT RESOLVED, by the Borough Council of the Borough of Mendham that, ORDINANCE #18-09 AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT CHAPTER 102, FEES, OF THE CODE OF THE BOROUGH OF MENDHAM Page 5 of 6 December 7, 2009 Regular Meeting Ordinance #18-09: (Cont’d.) Be passed and adopted on this, the final reading by title, and that the Clerk be authorized and directed to advertise final passage and adoption of said ordinance in the Observer Tribune, according to law. Motion to adopt Ordinance #18-09 was made by Councilman Andrus Second by Councilman Witczak Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Andrus, Witczak, Murphy Opposed: None Abstain: None Absent: Carr, Badal ACTIONS TO BE TAKEN: Res. #157-09- Tax Appeal Settlements (A copy of Resolution #157-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Andrus Second by Councilman Witczak Discussion: Atty. Semrau reported that the properties listed were State tax appeal cases reviewed by the Borough Tax Assessor. These were appeals that Mr. Holzhauer was of the opinion needed to be settled due to market conditions or the last revaluation. Certain other cases, approximately 16, were not settled at the County Tax Board and they were tried and won on behalf of Mendham Borough. This should put Mendham on track with the market and administrative adjustments. Roll Call - the vote was as follows: In favor: Witczak, Andrus, Murphy, Garubo Opposed: None Abstain: None Absent: Carr, Badal ADMINISTRATOR REPORT: Councilman Murphy asked about the School Resource Officer and the Administrator responded that there will be a 3 year agreement with a few minor areas to work on but no increase in money. Administrator Sandman reported that the bench for the Phoenix House garden has arrived. The bench is being donated by Tom Day, Bailey Funeral Home. It was reported that the revaluation of the Borough was almost complete. There will be a request to the County Tax Board for an extension to give time to finalize all the data and conclude with the best tax rate. There will be meetings with the Borough Tax Assessor and Reassessment personnel to review resident revaluation data and to make adjustments or justify the figures. Administrator Sandman referred to a November 25th letter from Scott Holzhauer quoting that “….100% of commercial properties and 86% of residential properties have been reassessed….. Mayor Henry requested a status report on the process of plumbing inspections with regard to the sanitary sewer application conditional approvals. Administrator Sandman responded that this item is being addressed. COUNCIL REPORTS, OLD & NEW BUSINESS: Councilman Andrus thanked the Council members who attended the budget meeting on Saturday, December 5th. Mayor Henry reported for Councilman Carr in his absence that Dave Banish, Planner will be meeting with the Planning Board to discuss Modules 5 & 6 on the Highlands project. He would be available on another date if the Council needs clarification on these modules. Page 6 of 6 December 7, 2009 Regular Meeting ATTORNEY ITEMS: Attorney Semrau summarized that the Borough has filed their plan with COAH and is awaiting comments. The December 8th deadline set by COAH will not apply to Mendham but to municipalities in the preservation area. Atty. Semrau will discuss in executive session an escrow bill (potential litigation), terms of employment of an appointed position (contract negotiations), Windymere Road (Atty. Client Privilege) and disability and workers compensation items (Public Safety). MAYOR’S ITEMS: No further comments. PUBLIC COMMENT: No comments from the public at this time. APPROVAL OF VOUCHERS: Minute Book Attachment Bill List dated December 7, 2009 Motion to approve by Councilman Andrus Second by Councilman Garubo Discussion: None Roll Call -the vote was unanimous as follows: In favor: Garubo, Witczak, Andrus, Murphy Opposed: None Abstain: None Absent: Carr, Badal EXECUTIVE SESSION: Res. #158-09 Executive Session: Potential Litigation/Contract Negotiations (Rev.) Public Safety/Atty. Client Privilege (A copy of Resolution #158-09 is attached to these minutes) Motion to adopt this resolution was made by Councilman Garubo Second by Councilman Murphy Discussion: None Roll Call - the vote was as follows: In favor: Garubo, Witczak, Andrus, Murphy Opposed: None Abstain: None Absent: Carr, Badal On a motion duly made, seconded and unanimously carried, the Council returned to open session. ADJOURNMENT: There being no further business scheduled for the consideration of the Mayor and Council at this time, on a motion duly made, seconded and unanimously carried by a voice vote, the meeting was adjourned at approximately 10:00P.M. next to convene at the Regular Meeting to be held on December 21, 2009 at 8:00 P.M. at the Garabrant Center, 4 Wilson Street, Mendham, New Jersey 07945. Respectfully submitted, Maureen Massey, RMC, CMC Borough Clerk