AGENDA Monday, November 22, 2010

Transcription

1 AGENDA Monday, E-11/19/10 1 Regular Meeting Borough of Chatham Mayor and Council 54 Fairmount Avenue Chatham, NJ CALL MEETING The meeting will be called to order at 7:30 p.m. TO ORDER SALUTE TO FLAG ADEQUATE NOTICE Statement re: Adequate Notice of Meeting Pursuant to the requirements of R.S. 10:4-10, adequate notice of this meeting has been provided by including same in the Annual Notice, copies of which were posted on the Municipal Bulletin Board, on the main floor of the Municipal Building, ed to the Independent Press, the Morris County Daily Record, the Star Ledger, and Chatham Courier and filed with the Borough Clerk, all on December 31, ROLL CALL On a call of the roll the following officials should be present: Mayor V. Nelson Vaughan, III Council President James J. Collander Council Member Bruce A. Harris Council Member Joseph L. Marts Council Member James Lonergan Council Member John Holman Council Member Leonard Resto Robert J. Falzarano, Borough Administrator Joseph J. Bell, Borough Attorney Susan Caljean, Municipal Clerk DISCUSSION ITEMS 1. Communication Technology Committee Web site recommendations- Mr. Harris 2. Open Space Presentation- Mr. Byrd 3. Dunbar & Martin Place parking- Mr. Collander/ Mr. DeNave Leaf Collection- Mr. Lonergan 5. Milton Avenue Property Conveyance- Mr. Bell

2 RESOLUTION # RESOLUTION TO ADOPT MINUTES BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that the minutes from the following meeting are approved as typed and filed in the Borough Clerk s office: Council Meeting, November 8, 2010 MAYOR S ACTIVITIES REPORT COUNCIL COMMITTEE REPORTS: Budget and Finance Communications Public Works, Engineering, Green Initiatives, Strategic Planning Personnel Public Safety & Emergency Services James J. Collander- Chairman Bruce A. Harris-Chairman James Lonergan-Chairman Leonard Resto-Chairman Joseph L. Marts-Chairman Shared Services & 3 rd Party Agreements John Holman-Chairman ADMINISTRATOR S REPORT: Robert J. Falzarano MEETING OPEN TO THE PUBLIC MAYOR S NOTICE OF PUBLIC COMMENT TIME LIMIT Hearing of citizens during the Public Comment Section of the Agenda is an opportunity for any member of the public to be heard about issues which are/are not topics scheduled for Public Hearing tonight. To help facilitate an orderly meeting, and to permit all to be heard, speakers are asked to limit their comments to a reasonable length of time. _ SECOND READING ORDINANCE PROCEDURE Mayor Vaughan asks Council Member Harris to proceed with Ordinance # Council Member Harris reads Ordinance #10-30 entitled: E-11/19/10 2

3 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE BOROUGH OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 165, LAND DEVELOPMENT REGULATIONS, OF THE BOROUGH CODE Topic: Changes to Land Development Regulations for Definition of Portico and F.A.R. Calculation Which Ordinance was introduced and passed on first reading at a regular Council meeting held on November 8, Mayor Vaughan asks the Clerk to give a summary of the legal notice. The Clerk states: A legal notice was published indicating that Ordinance #10-30 was introduced and passed on first reading at the November 8, 2010 meeting indicating second reading and public hearing would be held at 7:30 p.m. on for consideration of final adoption. Copies were made available to the general public and posted in accordance with the law. Mayor Vaughan: The meeting is now open for a public hearing on the Ordinance and any member of the public may be heard. Mayor Vaughan: I will now close the meeting to the public. Council Member Harris: I offer the following Ordinance and move its adoption: Resolved, that this Ordinance as read by title on second reading, at this regular meeting, be adopted and finally passed. Council Member seconds the motion. Name Motion Second Yes No Abstain Absent Harris Collander Marts Lonergan Holman Resto Mayor Vaughan: I declare this Ordinance adopted and finally passed. I hereby request the Clerk to publish the proper notice of this adoption in the newspaper and to record the Ordinance in the proper places. E-11/19/10 3

4 RESOLUTION # RESOLUTION TO RECESS INTO CLOSED SESSION BE IT RESOLVED by the Borough Council of the Borough of Chatham that it reconvene into public session after executive session to discuss the following subject matter(s) without the presence of the public in accordance with the provisions of R.S. 10:4-12b: CONTRACTS:1. Solid Waste Bid Contract Award- Mr. Bell 2. Recycling Bid Contract Award- Mr. Bell RECONVENE INTO PUBLIC SESSION CONSENT AGENDA The following items are considered to be routine by the Chatham Borough Mayor and Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Resolution # through Resolution # have been placed on the Consent Agenda. FINANCE RESOLUTION # RESOLUTION TO APPROVE PAYMENT OF VOUCHERS WHEREAS, vouchers for payment have been submitted to the Mayor and Borough Council by the various municipal departments. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Chatham that all vouchers approved by the Finance Chairman be paid subject to the certification of the availability of funds by the Chief Financial Officer. RESOLUTION # RESOLUTION TO REFUND PROPERTY TAXES BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that a refund of property taxes be issued to the individuals listed below as follows: BLOCK/LOT OWNER & PROPERTY ADDRESS AMOUNT YEAR/QTR 5/17 Lease, Peter & Michelle $4, th Qtr. 74 Highland Avenue Duplicate tax payment E-11/19/10 4

5 E-11/19/ /19 Ranshous, Douglas & Masino, Diane $2, th Qtr. 27 Oak Drive NJ Tax Court Judgement *Please make check payable & mail to: Michael A. Vespasiano, Esq. 331 Main Street Chatham, NJ /1 Foresome Group LLC $8, /4 Qtr. 223 N. Passaic Avenue $16, /4 Qtr. NJ Tax Court Judgement *Please make check payable & mail to: Michael I. Schneck, Esq. 301 South Livingston Avenue- Suite 105 Livingston, NJ RESOLUTION # RESOLUTION TO AWARD RECYCLING CONTRACT RESOLUTION # RESOLUTION TO AWARD CONTRACT FOR THE INSTALLATION OF CURB ON PIHLMAN PLACE TO GRABOWSKI CONSTRUCTION CORPORATION OF WEST ORANGE, NJ WHEREAS, the Borough of Chatham has the annual need to bid out services for curb and sidewalk construction and repair, and WHEREAS, the Borough of Chatham has monies remaining from the 2010 curb and sidewalk program, as there is a need for curb on Pihlman Place; and WHEREAS, the Borough of Chatham has received four (4) quotes for the required curb installation, and WHEREAS, the bid submitted by Grabowski Construction Corp., of West Orange, N.J., in the amount of $20, was the low bid for the curbing on Pihlman Place, and WHEREAS, the Borough Engineer has reviewed the bids and finds the low bidder qualified, and WHEREAS, the Chief Financial Officer has determined sufficient funds are available;

6 E-11/19/10 6 NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Chatham, County of Morris, State of New Jersey that a contract be processed and awarded to Grabowski Construction Corp. in the amount of $20,000.00; and be it further RESOLVED, that the Mayor and Clerk are hereby authorized and directed to execute a contract with Grabowski Construction Corp. in the amount of $20, for the Improvements. RESOLUTION # RESOLUTION TO AWARD CONTRACT TO M. SKY CONSTRUCTION TO INSTALL CURB ON VARIOUS STREETS TO M. SKY CONSTRUCTION CORPORATION OF LAKE HOPATCONG, NJ WHEREAS, the Borough of Chatham has the annual need to bid out services for curb and sidewalk construction and repair, and WHEREAS, the Borough of Chatham has monies remaining from the 2010 curb and sidewalk program, as there is a need for curb on Martin Place, Overlook Road and Charles Place; and WHEREAS, the Borough of Chatham has received four (4) quotes for the required curb installation, and WHEREAS, the bid submitted by M. Sky Construction Corp., of Lake Hopatcong, N.J., in the amount of $23, was the low bid for the curbing on Martin Place, Overlook Road and Charles Place, and WHEREAS, the Borough Engineer has reviewed the bids and finds the low bidder qualified, and WHEREAS, the Chief Financial Officer has determined sufficient funds are available; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Chatham, County of Morris, State of New Jersey that a contract be processed and awarded to M. Sky Construction Corp. in the amount of $23,963.00; and be it further RESOLVED, that the Mayor and Clerk are hereby authorized and directed to execute a contract with M. Sky Construction Corp. in the amount of $23, for the Improvements. RESOLUTION # RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF CHATHAM IN THE COUNTY OF MORRIS, NEW JERSEY CREATING A MUNICIPAL POOL GOVERNANCE ADVISORY COMMITTEE:

7 WHEREAS, in the General Election on November 2 nd 2010 there was a Non-Binding Local Referendum Question Shall the Borough of Chatham construct improvements to the municipal pool located at Memorial Park at a cost not to exceed $387,000.00, by increasing local taxes to pay for such improvements and continue to use general tax revenues to pay any operating costs for the pool not covered by pool memberships? ; and WHEREAS, the vote results were1,524 for yes, and 1,041 for no; and WHEREAS, the Municipal Pool/Memorial Park Advisory Committee created by Resolution # has performed an extraordinary service to the Borough by formulating a plan for the construction improvements to the pool, and the Mayor and Council wish to thank all the committee members for a job very well done; and WHEREAS, the Municipal Pool/Memorial Park Advisory Committee envisioned that during the planning and construction phase of the pool reconstruction an advisory committee to work with the Borough Engineer to resolve questions and issues on the features and improvements and make presentations to the governing body for approval would be extremely helpful; and WHEREAS, also after the planning and construction phase is completed the Municipal Pool/Memorial Park Advisory Committee further envisioned formation of a separate on-going advisory committee with a Chatham Borough governing body liaison to govern, operate, supervise, maintain; and to address and resolve issues concerning the ongoing improvements and continued uses and management of the municipal pool is beneficial to the continuation of the community s pool; and WHEREAS, such a committee will look at how other successful municipal pools operate and determine a special programs to enhance pool operations; and WHEREAS, such a Municipal Pool Governance Committee will submit their rules and regulations and other important documents to the Mayor and Council for the information, advice and consent of the governing body, and WHEREAS, the Mayor and Council will provide capital improvement as funding not over $387,000.00, for the municipal pool improvements, the long term goal is for the municipal pool to be self-financing and totally sustainable; and WHEREAS, the municipal pool governance advisory committee will be charged with the task of making the operating expenses lower than or equal to the operating revenues through innovations, grants, special events, original ideas or whatever makes the municipal pool an attractive and enjoyable facility to attract fee payers; and E-11/19/10 7

8 WHEREAS, there is great public interest in the municipal pool governance advisory committee s activities, therefore adopting procedures under Robert s Rules of Order will apply to this committee as follows, and (i) All working meetings will be open to attendance by the public, (ii) All meetings will have notices posted for the public seven days in advance by the Borough Clerk, (iii) At the first meeting the committee must nominate and elect a Chairperson, Vice Chairperson and Secretary, (iv) Agendas must be circulated to the members before the meetings, (v) Meetings must have attendance and minutes taken by the Committee Secretary and sent to the Borough Clerk, and (vi) Meetings should be held in a public venue; and WHEREAS, the municipal pool governance advisory committee will be charged with making recommendations with speed and efficiency the committee will be limited to five voting members of the public and additional committee non-voting support persons are requested to attend: Joint Recreation Deputy Director, Borough Engineer, and the Mayor will act as Liaison. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham, in the County of Morris, New Jersey that: The Municipal Pool Governance Advisory Committee is hereby created. RESOLUTION # RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY AUTHORIZING THE PLANTING OF A DOGWOOD TREE ON BOROUGH PROPERTY TO RECOGNIZE THE MEMORY OF AND SERVICE PROVIDED BY CORDELIA O. CORY FULLER TO THE BOROUGH OF CHATHAM WHEREAS, Cordelia O. Cory Fuller served the Borough of Chatham in her capacity as a Council Member for twelve (12) years, from 1995 through 2007; and WHEREAS, Cory Fuller served on all committees of the Borough during her service as Council Member, served two (2) terms as Council President, and carried out her responsibilities as a Council Member with an infectious enthusiasm and in a conscientious, thoughtful, and caring manner; and WHEREAS, Cory Fuller was the visionary of the downtown streetscape program that has beautified the downtown of the Borough by adding new sidewalks, historic street lights, and new furniture; and WHEREAS, Cory Fuller served as the Borough Council liaison to the Department of Public Works, devoting her efforts to ensuring that residents received the excellent level of public works service that are enjoyed by residents of the Borough, and that the Department of Public Works would have the equipment to provide those services in a productive and efficient manner; and E-11/19/10 8

9 WHEREAS, Cory Fuller was involved in numerous organizations with and outside the Borough, sought to further her own civic education at her own expense and served as a mentor and role model to many people, including several of the current Council Members of the Chatham Borough Council, and was dedicated to preserving the Borough s small town character and embodying the spirit of volunteerism that has positively shaped the Borough of Chatham; and WHEREAS, Cory Fuller will always be remembered for her kindness, compassion, and fairness when dealing with residents of the community, visitors, and Borough employees; and WHEREAS, the Chatham Borough Republican Committee is paying for and planting the tree; and WHEREAS, the Mayor and Borough Council wish to honor the memory of Cory Fuller with the planting of a dogwood tree on Borough property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Chatham, County of Morris, State of New Jersey that the Mayor and Borough Council authorizes the planting of a dogwood tree on Borough property to recognize the memory of and service provided by Cordelia O. Cory Fuller to the Borough of Chatham. RESOLUTION # RESOLUTION TO AWARD CONTRACT TO SUPPLY AND INSTALL FLOW METERS AT THE PARROT MILL AND JACKSON AVE. PUMP STATIONS TO CFM CONSTRUCTION, INC. WHEREAS, the Borough of Chatham has a need to install flow meters at the pump stations as per N.J.A.C 7:14A-23.10(e); and WHEREAS, the Department of Environmental Protection has mandated that these improvements be completed as soon as possible, and WHEREAS, the Borough of Chatham has received two (3) bids for the Flow meters, and WHEREAS, the bid submitted by CFM Construction, Inc. was the low bid in the amount of $10,250.00, and WHEREAS, the Director of Public Works and the Borough Engineer have reviewed the bids and find the low bid to be acceptable, and WHEREAS, the Chief Financial Officer has determined sufficient funds are available; E-11/19/10 9

10 NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Chatham, County of Morris, State of New Jersey that a contract be processed and awarded to CFM Construction, Inc. in the amount of $10,250.00; and be it further RESOLVED, that the Mayor and Clerk are hereby authorized and directed to execute a contract with CFM Construction, Inc. in the amount of $10, for the Flow Meters. CONSENT AGENDA VOTE Resolutions # through # Mayor Vaughan asks Council Member to proceed with the Resolutions listed on the agenda. Council Member : I would like to make a motion to allow the resolution on this evening s agenda to be approved by consent of the Council. Seconded by: Roll Call: Name Motion Second Yes No Abstain Absent Harris Collander Marts Lonergan Holman Resto NEW BUSINESS FIRST READING ORDINANCE PROCEDURE (1) Mayor Vaughan asks Council Member Resto to introduce Ordinance # (2) Council Member Resto introduces Ordinance #10-31 by title as follows: ORDINANCE #10-31 AN ORDINANCE TO AMEND ORDINANCE #10-05 ENTITLED AN ORDINANCE TO PROVIDE SALARIES AND WAGES FOR CERTAIN MUNICIPAL POSITIONS OF THE BOROUGH OF CHATHAM FOR THE YEAR 2011 (3) Council Member Resto explains the purpose of the Ordinance and moves for introduction of the First Reading. (4) Council Member Resto seconds the motion. E-11/19/10 10

11 (5) Mayor Vaughan asks the Clerk for a roll call. Name Motion Second Yes No Abstain Absent Harris Collander Marts Lonergan Holman Resto RESOLUTION # RESOLUTION TO RECESS INTO CLOSED SESSION BE IT RESOLVED by the Borough Council of the Borough of Chatham that it adjourn to executive session to discuss the following subject matter(s) without the presence of the public in accordance with the provisions of R.S. 10:4-12b: LITIGATION: 1. Popovich- Mr. Falzarano CONTRACTS: 1. Delinquent Tax Payments Agreement- Ms. Kopin 2. Joint Court Contract- Mr. Falzarano 3. Employee/DPW/PBA Contracts- Mr. Falzarano The matter(s) discussed will be made known to the public at such time as appropriate action is taken on said matter(s), and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Borough of Chatham, provided such disclosures will not violate Federal, State or local statutes and does not fall within the attorneyclient privilege. E-11/19/10 11