Page 1 of 3 December 21, 2009 Regular Meeting MINUTES OF A MEETING OF THE MAYOR AND COUNCIL CALL TO ORDER Mayor Henry called the December 21, 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 Stephen Carr Councilman Louis Garubo Councilman Brad Badal Also present: Fred Semrau, Esq. Ellen Sandman, Administrator Absent: None CONSENT AGENDA: Approval of minutes of the Regular Meeting of November 16, 2009 Approval of minutes of the Special Meeting of November 23, 2009 Approval of minutes of the Special Meeting of December 5, 2009 Approval of minutes of the Regular Meeting of December 7, 2009 Approval of minutes of the Executive Session of November 2, 2009 Approval of minutes of the Executive Session of November 16, 2009 Approval of minutes of the Executive Session of December 7, 2009 Res. #162-09 Transfer of Funds (A copy of Res. #162-09 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 Garubo Seconded by Councilman Witczak Discussion: None Roll Call – the vote was as follows: In favor: Andrus, Murphy, Carr, Garubo, Badal, Witczak Opposed: None Abstain: Councilman Garubo abstained from the approval of the December 5, 2009 meeting. Councilman Badal abstained from the approval of the November 2, 2009 executive session minutes, as well as the December 7, 2009 regular and executive session minutes. Absent: None DISCUSSION ITEMS: None ORDINANCE INTRODUCTION: None ORDINANCE PUBLIC HEARING/ADOPTION: None Page 2 of 3 December 21, 2009 Regular Meeting ACTIONS TO BE TAKEN: Res. #159-09 Appoint Christopher Irons-Probationary Police Officer (A copy of Resolution #159-09 is attached to these minutes) Atty. Semrau asked that the last sentence of this resolution be revised to: This Resolution memorializes action taken by the governing body at the November 16, 2009 and December 7, 2009 borough council meetings. Motion to approve this resolution as revised was made by Councilman Andrus Second by Councilman Murphy Discussion: None Roll Call - the vote was as follows: In favor: Witczak, Andrus, Murphy, Carr, Garubo, Badal Opposed: None Abstain: None Absent: None Res. #160-09 Refund Tax Overpayments-4th Quarter (A copy of Resolution #160-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Murphy Second by Councilman Andrus Discussion: None Roll Call - the vote was as follows: In favor: Andrus, Murphy, Carr, Garubo, Badal, Witczak Opposed: None Abstain: None Absent: None Res. #161-09 St. Hubert’s Giralda Contract-Animal Control Svcs. (1 Year) (A copy of Resolution #161-09 is attached to these minutes) Discussion: Councilman Witczak led the discussion with regard to the cost of this service. Councilman Andrus commented on the increase from last year and expressed hesitation to sign a contract for another year. Administrator Sandman gave a summary of the towns she contacted and the pursuit of Randolph Township including the Township and the Borough into their animal control program once the purchase of a large site is complete. It was suggested that this resolution be tabled until the first regular meeting in January allowing time for the Administrator to negotiate a 6 month contract at the 2009 prices. Res. #163-09 Appoint Patrick Wood-DPW-Driver/Operator (A copy of Resolution #163-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Witczak Second by Councilman Badal Discussion: None Roll Call - the vote was as follows: In favor: Carr, Garubo, Badal, Witczak, Andrus, Murphy Opposed: None Abstain: None Absent: None ADMINISTRATOR REPORT: Administrator Sandman updated her written report and reported that Scott Holtzhauer had applied for and has received permission from the Morris County Assessment Board to extend the reassessment completion to the end of January. The Administrator also reported she will speak with Christine Malone tomorrow, due to miscommunication, regarding an update for the Council on the DAS system. Councilman Murphy asked the Administrator on the status of changes the agreement for the school resource officer for the high school. Administrator Sandman responded that the new language will be applied, resulting in minor changes to the duties of the SRO. She will provide this information to the Public Safety Committee for review and comments before discussion with high school officials. Councilman Murphy reported on the status of Officers Barnes and Libertino; and noted that Officer McNichol has returned to work. Page 3 of 3 December 21, 2009 Regular Meeting COUNCIL REPORTS, OLD & NEW BUSINESS: No reports from Councilman Witczak, Andrus, Carr, Garubo, or further comments from Councilman Murphy. Councilman Badal commented on a job well done by DPW after the Borough’s first big snowfall. He further reported that one truck went down and was serviced. One of the large trucks has an engine problem and may need a new engine. The warranty has expired, but the problem is due to a manufacturer’s defect. Superintendent O’Brien is in touch with Foley Caterpillar. ATTORNEY ITEMS: Atty. Semrau reported that Scott Holzhauer will finalize the reassessment numbers and report back for the regular meeting in January. The Mayor and Administrator will be meeting to further review information on Windymere Road for presentation at the January Council meeting. MAYOR’S ITEMS: Mayor Henry reported that the Mendham Township Mayor Frank Cioppettini and Meg Berlin would like to hold a Town Hall Meeting. They also would like to solicit the services ofDan Mason, New Jersey Management, to talk about shared service opportunities. The cost for Mr. Mason’s services is $500 and would like the Borough to share in the cost. The Council declined. Mayor Henry will report back to the township. PUBLIC COMMENT: No comments from the public. APPROVAL OF VOUCHERS: Minute Book Attachment Bill List dated December 21, 2009 Motion to approve by Councilman Andrus Second by Councilman Murphy Discussion: None Roll Call -the vote was unanimous as follows: In favor: Garubo, Badal, Witczak, Andrus, Murphy, Carr Opposed: None Abstain: None Absent: None 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 8:25P.M. next to convene at the Reorganization Meeting on January 1, 2010 at 1PM at the Mendham Borough Fire House, 24 East Main Street and the next Regular Meeting to be held on January 18, 2010 at 8:00 P.M. at the Garabrant Center, 4 Wilson Street, Mendham, New Jersey 07945. Respectfully submitted, Maureen Massey, RMC, CMC Borough Clerk