Page 1 of 6 November 16, 2009 Regular Meeting MINUTES OF A MEETING OF THE MAYOR AND COUNCIL CALL TO ORDER Mayor Henry called the November 16, 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. Absent: Ellen Sandman, Administrator CONSENT AGENDA: Res. #153-09 Authorization of Transfers Res. #154-09 Special Item of Revenue Approval of the minutes of the Regular Session meeting of November 2, 2009 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 Witczak Seconded by Councilman Andrus Discussion: None Roll Call – the vote was as follows: In favor: Andrus, Murphy, Carr, Garubo, Badal, Witczak Opposed: None Abstain: Cm Garubo and Cm Badal abstained from the approval of the 11/2/09 meeting since they were not in attendance at that meeting. Absent: None DISCUSSION ITEMS: Proclamations: Floats: Labor Day Parade Proclamations Mayor Henry read aloud and presented proclamations to Mendham Magic Cross Country and Track and Field and the Hexagon Players for the participation and for tying for first place for their floats in the Labor Day parade. ORDINANCE INTRODUCTION: ORDINANCE #17-09 AN ORDINANCE CONCERNING SALARIES FOR OFFICERS AND EMPLOYEES OF THE BOROUGH OF MENDHAM 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 Page 2 of 6 November 16, 2009 Regular Meeting Ordinance #17-09: (Cont’d.) Be passed on first reading by title; and BE IT FURTHER RESOLVED, that said Ordinance be further considered for final passage and adoption at the meeting of the Borough Council of the Borough of Mendham to be held on December 7, 2009 at 8:00 PM prevailing time, in the Garabrant Center, 4 Wilson Street in said Borough, at which time all persons interested shall be given an opportunity to be heard concerning said Ordinance; and BE IT FURTHER RESOLVED, that the Clerk be authorized and directed to advertise said Ordinance in the Observer Tribune, according to law. Motion to approve by Councilman Witczak Second by Councilman Andrus Discussion: It was noted that this ordinance is to correct an oversight in Ord. #11-09. Roll Call-the vote was as follows: In favor: Badal, Andrus, Witczak, Murphy, Carr Opposed: None Abstain: Garubo Absent: None ORDINANCE INTRODUCTION: 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 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 Be passed on first reading by title; and BE IT FURTHER RESOLVED, that said Ordinance be further considered for final passage and adoption at the meeting of the Borough Council of the Borough of Mendham to be held on December 7, 2009 at 8:00 PM prevailing time, in the Garabrant Center, 4 Wilson Street in said Borough, at which time all persons interested shall be given an opportunity to be heard concerning said Ordinance; and BE IT FURTHER RESOLVED, that the Clerk be authorized and directed to advertise said Ordinance in the Observer Tribune, according to law. Motion to approve by Councilman Witczak Second by Councilman Murphy Discussion: It was noted that this ordinance will raise the construction code fees to cover the Borough’s cost to the State of New Jersey. Roll Call-the vote was as follows: In favor: Garubo, Badal, Andrus, Witczak, Murphy, Carr Opposed: None Abstain: None Absent: None ORDINANCE PUBLIC HEARING/ADOPTION: 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.) Page 3 of 6 November 16, 2009 Regular Meeting Mayor Henry opened the public hearing on Ordinance #14-09. Mayor Henry prefaced the public comments portion with the background of how this ordinance was prepared and why. The Mayor noted that these 7 properties are on the National Historic Registry and the objective of this ordinance was to expand the Borough’s Historic District to both sides of Main Street and the surrounding neighborhoods. He continued that this ordinance will preserve the historical value of the Borough. The Mayor continued that this is not an over regulatory ordinance and any work to these residences that do not presently require a building permit, upon adoption of this ordinance would still not require one. This ordinance would require that changes to these properties would require a cursory review by the Historic Commission, application for a building permit and possible subject to Board of Adjustment review. The Mayor quoted from the Master Plan sections and verse regarding demolition, subdivisions, relocation, exterior alterations and new construction. Richard Smith, 12 Maple Avenue, (Mother resides at 9 Hampton Road-property listed in Ordinance #14-09) asked why the odd number residences are listed and not the entire street. Mayor Henry responded that they will be included in the next ordinance that will be introduced for adoption. Mr. Smith noted that the properties in Ordinance #14-09 are not in the Master Plan or the map. The Mayor responded that Historic Preservation professional was hired and the properties in this ordinance and the next historic expansion ordinance were the suggestions presented to preserve the historical integrity of the Borough of Mendham. Atty. Fred Semrau explained the responsibilities of the Historic Preservation Commission as that of advisory and that the Borough was not bound by their comments. The value of this commission is to keep an open dialogue, share the expertise of the members and maintain the value of the historic district. Maintaining the historical charm of Mendham is a positive for the Borough. Councilman Andrus added that the majority of HPC members live in the Historic District. Atty. Semrau noted that the process of working with consultants, reviewing and discussing to tailor the plan for this borough resulted in one of the best master plans. Joe Corbett, 1 Hampton Road, asked if there was anything that could be said to discourage the passage or tabling of this ordinance. He expressed his concern that this ordinance would lower the value of his property and also inhibit his ability to sell. He asked for the definition and requirements for a property to be listed in the National Historic District. Mayor Henry located and read a response from the borough’s Master Plan. Resident, (no name\address) asked if this historic district ordinance would improve the value of his property. Atty. Semrau agreed to call the Borough Tax Assessor for an answer. After his conversation with the assessor, Atty. Semrau reported that the response received indicated that there was no conclusive evidence of increased value but his experience showed location in a historic district did not hinder sale of a property. He asked if he wanted to change the color of his house would this be allowed. The Mayor responded affirmatively. Councilman Andrus commented that he understands the confusion and that he also would like clarity. He recommended that this ordinance be tabled until further discussed with the residents listed in this ordinance, after which time this ordinance can be adopted or reintroduced depending in the time frame. The Council was in agreement. The public hearing was closed. Motion to table the public hearing on Ordinance #14-09 to the 12/7/09 Borough Council meeting was approve by Councilman Garubo Second by Councilman Murphy Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Badal, Andrus, Witczak, Murphy, Carr Opposed: None Abstain: None Absent: None Page 4 of 6 November 16, 2009 Regular Meeting ORDINANCE PUBLIC HEARING/ADOPTION: ORDINANCE #15-09 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 102, FEES, AND CHAPTER 124, LAND USE PROCEDURES, SECTION 124-26E OF THE “CODE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY” TO AMEND DEVELOPMENT FEES Was published in full in the Observer Tribune. (A copy of Ordinance #15-09 attached to these minutes.) Mayor Henry opened the public hearing on Ordinance #15-09. 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 #15-09 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 102, FEES, AND CHAPTER 124, LAND USE PROCEDURES, SECTION 124-26E OF THE “CODE OF THE BOROUGH OF MENDHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY” TO AMEND DEVELOPMENT FEES 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 approve by Councilman Murphy Second by Councilman Andrus Discussion: None Roll Call-the vote was as follows: In favor: Garubo, Badal, Andrus, Witczak, Murphy, Carr Opposed: None Abstain: None Absent: None ACTIONS TO BE TAKEN: Res. #148-09 Approve Sanitary Sewer Connection App- B801/L20 (A copy of Resolution #148-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Badal 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. #149-09 Approve Sanitary Sewer Connection App- B1501/L41 (A copy of Resolution #149-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Murphy Second by Councilman Badal Discussion: None Roll Call - the vote was as follows: In favor: Andrus, Murphy, Carr, Garubo, Badal, Witczak Opposed: None Abstain: None Absent: None Res. #150-09 Approve Sanitary Sewer Connection App- B601/L10 (A copy of Resolution #150-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Badal Second by Councilman Murphy Discussion: None Page 5 of 6 November 16, 2009 Regular Meeting Res. #150-09: (Cont’d.) Roll Call - the vote was as follows: In favor: Murphy, Carr, Garubo, Badal, Witczak, Andrus Opposed: None Abstain: None Absent: None Res. #151-09 Interlocal Agree-Morris Cty-MDT (Mobile Data Terminal) A copy of Resolution #151-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Murphy Second by Councilman Witczak Discussion: None Roll Call - the vote was as follows: In favor: Carr, Garubo, Badal, Witczak, Andrus, Murphy Opposed: None Abstain: None Absent: None Res. #152-09 Interlocal Agree-Morris Cty-Emergency Dispatch Svc. (A copy of Resolution #152-09 is attached to these minutes) Motion to approve this resolution was made by Councilman Murphy Second by Councilman Witczak Discussion: None Roll Call - the vote was as follows: In favor: Garubo, Badal, Witczak, Andrus, Murphy, Carr Opposed: None Abstain: None Absent: None ADMINISTRATOR REPORT: Administrator Ellen Sandman was not present at this meeting. The Mayor asked if there were any questions with regard to her administrator’s report. Councilman Badal asked for the status on a follow up to the discussion over signs held at the last council meeting. Councilman Carr responded that the Administrator attended the Mendham Business Association meeting and it was suggested that this be discussed further with the businesses in the borough. Councilman Badal stressed his concerns over all the temporary signs posted through out the borough. It was decided that the posting of signs on private property, public property, commercial property and enforcement capability by the Zoning Officer need to be reviewed, discussed and clarified to help resolve this issue. COUNCIL REPORTS, OLD & NEW BUSINESS: Councilman Andrus reminded Council of the first budget meeting on Monday, November 23 at 7:30PM at the Garabrant Center. Mayor Henry suggested that the Open Space Committee be invited by the Administrator to any upcoming Highlands meetings. ATTORNEY ITEMS: Atty. Semrau reported that he is waiting for additional insurance money for the Combe Fill South Litigation and he is continuing to discuss waste water/sanitary sewer issues with the Borough Engineer Paul Ferriero. Atty Semrau updated the Council on the DAS project with Christine Malone and reported that he will procure a date for her presentation to Council to discuss this last phase of the agreement. MAYOR’S ITEMS: Mayor Henry reported that he received a letter from Mendham Township Mayor Cioppettini suggesting that the Administrators of both towns meet and discuss shared services. The Council was in agreement. Page 6 of 6 November 16, 2009 Regular Meeting PUBLIC COMMENT: There was no further public comment at this meeting. APPROVAL OF VOUCHERS: Minute Book Attachment Bill List dated November 16, 2009 Motion to approve by Councilman Murphy Second by Councilman Garubo Discussion: None Roll Call -the vote was unanimous as follows: In favor: Garubo, Badal, Witczak, Andrus, Murphy, Carr Opposed: None Abstain: None Absent: None EXECUTIVE SESSION: Res. #155-09 Executive Session: Personnel (Interviewing prospective police officers for employment) (A copy of Resolution #155-09 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: Badal, Witczak, Andrus, Murphy, Carr, Garubo Opposed: None Abstain: None Absent: None On a motion duly made, seconded and unanimously carried, the Council returned to open session. Motion was made by Councilman Murphy to authorize an employment offer to Christopher P. Lyons as a probationary police officer subject to completion of background check and conditions of employment set forth by the Chief of Police John Taylor. Seconded by Councilman Andrus Discussion: Starting date of December 1, 2009 Roll Call - the vote was as follows: In favor: Badal, Andrus, Witczak, Murphy, Carr Opposed: Garubo 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 10:45P.M. next to convene at the Regular Meeting to be held on December 7, 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