WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and

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1 REGULAR COUNCIL MEETING 8:00 p.m. The of the Borough of Chatham was held on Monday beginning at 8:00 p.m. in the Council Chambers, in the Municipal Building; Mayor Richard L. Plambeck presiding. The meeting was called to order at 8:03 p.m. The Mayor and Borough Council saluted the flag. Mayor s statement regarding 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, mailed to the Chatham Courier, the Independent Press and the Morris County Daily Record, and filed with the Borough Clerk, all on January 2, On a call of the roll the following officials were present: Council Member Cordelia O. Fuller Council Member Stephen W. Williams Council President Christine K. Grobert Council Member Peter Birnbaum* Council Member Richard E.Crater, Jr. Council Member Bruce A. Harris Mayor Richard L. Plambeck Robert J. Falzarano, Borough Administrator David J. Lloyd, Borough Attorney Susan Caljean, Acting Municipal Clerk *absent PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and - 1 -

2 WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE, I, Richard L. Plambeck, Mayor of the Borough of Chatham, do hereby proclaim April 30 th as: ARBOR DAY in the community of the Borough of Chatham. I urge all citizens to support efforts to protect our trees and woodlands to support our city s urban forestry program, and Further, I urge all citizens to plant trees to gladden hearts and promote the well-being of present and future generations. APPOINTMENT RESOLUTION # RESOLUTION TO APPOINT JAMES STEWART AS A FULL MEMBER TO THE ENVIRONMENTAL COMMISSION BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that James Stewart be appointed as a Full Member to the Environmental Commission with a term to expire on December 31, Council Member Harris moved adoption of Resolution # Council Member Fuller seconded. A vote was taken and all were in favor of Resolution # Acting Borough Clerk Susan Caljean administered the Oath of Allegiance to James Stewart. RESOLUTION # RESOLUTION TO ADOPT COUNCIL MEETING MINUTES BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that the minutes from the following meetings are approved as typed and filed in the Borough Clerk s office: Council Meeting, March 8, 2004 Council Meeting, March 22, 2004 Council Member Grobert moved adoption of Resolution # Council Member Crater seconded. Council Member Grobert abstained from the vote on the March 8, 2004 Council Meeting Minutes. A vote was taken and all were in favor of Resolution # PRESENTATION 2004 Budget Presentation and Public Hearing - 2 -

3 Mr. Falzarano thanked the staff for all their help. Mr. Falzarano also thanked Dotty Klein for help with the presentation. Mr. Falzarano made a presentation of the Budget. Council Member Grobert had questions regarding the budget for the Fire Truck. Joe Marts of 14 West Coleman Avenue thanked the staff, Bob Falzarano, Department of Public Works and the Police Department. He also had questions about the sewer and local revenues and how the taxes would change. Bernie Vella of 58 N. Summit Ave. had questions about the budget. Council Member Williams explained. Michael Dean of 181 N. Passaic Avenue had questions on the budget. Mayor Plambeck and Tim Vrabel, the Borough s Certified Municipal Accountant responded to his questions. Martha May of 20 Kimball Street asked for explanations on several items in the budget which were explained. Council Member Crater departed 9:10 p.m. returned at 9:15 p.m. Michael Dean 181 N. Passaic Avenue had comments about parking fees, metered parking and permit parking. RESOLUTION # RESOLUTION FOR THE ADOPTION OF THE 2004 BOROUGH OF CHATHAM MUNICIPAL BUDGET SEE ATTACHED RESOLUTION # Council Member Yes No Abstain Absent Mrs. Fuller x Mr. Williams x Mrs. Grobert x Mr. Birnbaum x Mr. Crater x Mr. Harris x A roll call was taken and all were in favor, and Resolution # was passed. Recessed at 9:25 p.m. Meeting resumed at 9:35 p.m

4 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 three minutes. Joe Marts of 14 West Coleman Avenue asked several questions about the settlement with Nimco Construction. Mayor Plambeck explained the cost for the settlement was included in the budget. Mr. Falzarano explained that Hatch Mott MacDonald had agreed not to charge the Borough engineering fees of approximately $18,000 incurred in connection with the project. Martha May of 20 Kimball Street asked what the Emergency Squad mutual aid call to Florham Park was. She also wanted to know what Borough property is for sale. Mr. Lloyd explained that the location can not be revealed at the present time, because it is still in negotiations. She asked what is the Morris County Construction Board of Appeals. Mr. Lloyd explained if there is a penalty under the administrative code that is handled by the municipal official, the party who has received the violation has the right to appeal to the Morris County Construction Board of Appeals. Martha May asked about the contract with Millennium Associates. Mayor Plambeck explained that the contract with Millennium Associates, who is a Borough resident, is for the Borough website. The individual that had been working on the Borough website is moving out of town. Carol Crawford of 5 Front Street requested the Council approve a wheel chair ramp for the front of her mother s house. The ramp would encroach on Borough property. The Mayor and Council will review the property and the location of the ramp. Wendy Chan of 142 Center Avenue lives on the corner of Center Avenue and Yale Street. She asked the Council to vacate a paper street on Yale Street. Mayor Plambeck asked if all of Ms. Chan s neighbors were in favor of this and suggested that they submit a joint written request. Donna Cali-Charles had questions on several resolutions on the agenda. Mayor Plambeck and Mr. Falzarano responded to her questions. Martha May of 20 Kimball Street asked if the state will give the Borough money on the recycling tonnage. Mayor Plambeck stated that the Borough has applied to the state for payment for recycling tonnage. Michael Dean of 181 N. Passaic Avenue had several comments and questions. Mr. Dean asked why Council Member Birnbaum was absent. He stated Council Member Birnbaum should resign. Mr. Dean had questions about various Resolutions. Resolution #04-129, where is the $400,000 sitting? Mayor Plambeck stated that we bonded for the money to purchase Woodland Park. Resolution #04-130, what is the cost of the website? Mr. Falzarano explained $2,450 to develop the site and $65 an hour for any future work. Resolution # Mr. Dean - 4 -

5 asked why the project is over budget. Ed Gottko explained the problems with underground obstructions. Mr. Dean asked about the status of Woodland Park. Mayor Plambeck explained. 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 # and Resolution # through Resolution # and the Monthly Reports have been placed on the Consent Agenda. Council Member Fuller requested Resolution # be removed from the Consent Agenda. 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 PRO-RATED MONEY FOR THE FOLLOWING PARKING PERMIT BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that a refund for the return of parking permits be given to the following listed below: Norwell, Julie $ West 93 rd St. #2C New York, NY RESOLUTION # RESOLUTION TO ENDORSE THE SUBMISSION OF THE RECYCLING TONNAGE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and - 5 -

6 WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants for the year 2004 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Chatham hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Robert Venezia to ensure that the application is properly filed; and BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling. RESOLUTION # RESOLUTION TO RENEW LIVERY LICENSE FOR E-PLUS FOR THE YEAR 2004 BE IT RESOLVED that the issuance of licenses for the following auto liveries for the year 2004 are hereby approved in accordance with the provisions of the Chatham Borough Code, Chapter 137. VEHICLES: NAME OF COMPANY: BUSINESS ADDRESS: INSURANCE CARRIER: POLICY NUMBER: E Plus Transportation Inc. 125 B Morris Street Morristown, NJ Taxisure Exchange TE Year/Make Body Type Vin. No. Plate No. Lic. No. & Color 1991 Chevy 4Dr Yellow 1G1BK53E6MW OXX2928 #01-E-Plus

7 RESOLUTION # RESOLUTION TO AUTHORIZE THE CHATHAM KIWANIS TO HOLD A 5K BENEFIT RACE ON, SATURDAY, MAY 8, 2004 AND TO AUTHORIZE THE CHATHAM BOROUGH POLICE DEPARTMENT TO CLOSE ANY ROADS IN THE BOROUGH OF CHATHAM AS DEEMED APPROPRIATE IN ORDER TO PROVIDE FOR A SAFE ENVIRONMENT FOR THE RACE WHEREAS, the Chatham Kiwanis have held a 5K Benefit Race for the last six years to aid programs supporting youth services, and WHEREAS, these programs include youth activities at the Chatham Middle School, Chatham High School, ECLC, Summit High School and Drew University, and WHEREAS, other programs include scholarships for outstanding local high school seniors and funds for the world-wide Iodine Deficiency Disorder program to combat mental retardation in children, and WHEREAS, all net proceeds from the 5K Benefit Race will go to benefit these programs. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Chatham that they authorize and support the 5K Benefit Race to be held by the Chatham Kiwanis. BE IT FURTHER RESOLVED that the Council authorizes the Chatham Borough Police Department to close the roads as they deem necessary to provide for a safe environment for the race. Council Member Williams moved resolution # and was seconded by Council Member Grobert. Council Member Fuller abstained. A vote was taken and resolution # was approved unanimously by those voting. RESOLUTION # ENABLING RESOLUTION FOR THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES FOR THE BOROUGH OF CHATHAM WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program ( State ), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Borough of Chatham desires to further the public interest by obtaining a grant of $400, from the State to fund the following project(s): Acquisition of property throughout Chatham Borough

8 NOW, THEREFORE, the governing body resolves that the Mayor is hereby authorized to: (a) make application for such a loan and/or such a grant (b) provide additional application information and furnish such documents as may be required (c) act as the authorized correspondent of the above named applicant, and WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project; NOW, THEREFORE, BE IT RESOLVED by the Borough of Chatham that: 1. The Mayor is hereby authorized to execute an agreement and any amendment thereto with the State known as Chatham Borough Open Space Acquisition, and; 2. That the applicant has its matching share of the project, if a match is required, in the amount of $400, That, in the event the State s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and; 4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project. 5. That this resolution shall take effect immediately. RESOLUTION # RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AGREEMENT WITH NEW MILLENNIUM ASSOCIATES FOR THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE BOROUGH S WEBSITE BE IT RESOLVED by the Council of the Borough of Chatham that the Mayor and Clerk are hereby authorized and directed to execute a contract with New Millennium associates for the development, implementation and maintenance of the Borough s website. RESOLUTION # RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ACQUISITION PARTNERSHIP FOR THE BOROUGH OF CHATHAM WITH THE MORRIS LAND CONSERVANCY WHEREAS, the Borough of Chatham desires to further the public interest by entering into an acquisition partnership with its open space consultant, Morris Land Conservancy, for the purchase of property formerly known as New Jersey American Water and now known as - 8 -

9 Canoe Brook Reservoir Land and duly designated on the Tax Maps of the Borough of Chatham as Block 42, Lot 9, comprising of acres more or less. NOW, THEREFORE, the Council of the Borough of Chatham resolves that the Mayor of the Borough of Chatham is hereby authorized to execute the Letter Agreement, dated March 12, 2004, from its open space consultant, Morris Land Conservancy, to the Borough of Chatham to undertake the acquisition partnership for the purchase of property formerly known as New Jersey American Water and now known as Canoe Brook Reservoir Land and duly designated on the Tax Maps of the Borough of Chatham as Block 42, Lot 9, comprising of acres more or less. RESOLUTION # RESOLUTION ADOPTING CHANGE ORDER NOS. 3 AND 4 TO A CONTRACT BETWEEN THE BOROUGH OF CHATHAM AND VANWINGERDEN ASSOCIATES FOR THE WILLOW/MAPLE IMPROVEMENT PROJECT WHEREAS, Change Orders are regulated by Local Finance Board regulation N.J.A.C. 5:34-4; and WHEREAS, approval by the Mayor and Council is required for all Change Orders; and WHEREAS, the Finance Officer has certified that funds are available in the amount of $18,396.78; and WHEREAS, Hatch Mott MacDonald has recommended that the Mayor and Council approve Change Order Nos. 3 and 4 as follows: and; Total Change Order No. 3 $10, Total Change Order No.4 $ 8, Total of Change Order Nos. 3 and 4 is $18,396.78; and WHEREAS, the adjusted amount of this contract, based upon Change Order Nos. 3 and 4 is $222, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Chatham in the County of Morris as follows: 1. Change Order Nos. 3 and 4 to the contract between the Borough of Chatham and Van Wingerden Associates is authorized by the Borough; and 2. The Mayor is hereby authorized to execute Change Order Nos. 3 and

10 RESOLUTION # RESOLUTION TO AWARD NEGOTIATED CONTRACT FOR CONTRACTOR BIDDING ITEM 2 FOR THE CONSTRUCTION/RENOVATION/TECHNOLOGY PROJECT FOR POLICE DEPARTMENT DISPATCH CENTER AND MUNICIPAL COURT/COUNCIL ROOM WHEREAS, the Council of the Borough of Chatham on November 10, 2003 by Resolution No authorized the Borough Administrator to negotiate a contract for the renovation of Police Dispatch Center/Borough Council/Court Room and Judges Chambers/Addition on Second Floor of Sally Port and Public Safety Electronic Systems for Communications and Security having rejected bids on September 8, 2003 by Resolution No and having rejected bids on November 10, 2003 by Resolution No ; and WHEREAS, Positron Public Safety Systems Corp., a corporation duly incorporated in the State of Georgia, has submitted a negotiated contract price of $234, for Contract Bidding Item 2, consisting of dispatch center electronics and facilities; and WHEREAS, Positron Public Safety Systems Corp., a corporation duly incorporated in the State of Georgia, has submitted a negotiated contract price of $75, for Contract Bidding Item 2, consisting of computer software and applications; and WHEREAS, Perry L. Schwartz from Intertech Associates, Inc., the consulting engineer for the Borough of Chatham, has stated that Positron Public Safety Systems Corp. is both qualified and responsible for the type of work contemplated; and WHEREAS, the Borough Attorney has reviewed the bid and has notified the Borough Administrator that the negotiated contract bid is in proper form and order; and WHEREAS, the Finance Director has determined sufficient funds are available in the amount of $234,250.00; and WHEREAS, the Finance Director has determined sufficient funds are available in the amount of $75,865.50; 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 Positron Public Safety Systems Corp. and that the Mayor and Acting Clerk are hereby authorized and directed to execute a contract with Positron Public Safety Systems Corp. for Contractor Bidding Item 2, consisting of dispatch center electronics and facilities for $234,250.00; and BE IT FURTHER RESOLVED by the Council of the Borough of Chatham, County of Morris, State of New Jersey that a contract be processed and awarded to Positron Public Safety Systems Corp. and that the Mayor and Acting Clerk are hereby authorized and directed to execute a contract with Positron Public Safety Systems Corp. for Contractor Bidding Item 2, consisting of computer software and applications for $75,

11 RESOLUTION # RESOLUTION PURSUANT TO MORRIS COUNTY CO-OP CONTRACT #41 FOR THE PURCHASE AND INSTALLATION OF LAPTOP COMPUTERS IN CHATHAM BOROUGH POLICE DEPARTMENT PATROL VEHICLES WHEREAS, the Mayor and Council of the Borough of Chatham have as a matter of policy determined to equip the Chatham Borough Police Department with modern technology and training in all phases of its statutorily mandatory services and thereby enhance the goal of providing efficient and economical public safety responses to the citizens of the Borough of Chatham; and WHEREAS, to effect this goal the Chatham Borough Chief of Police has determined and recommended to the Mayor and Council the purchase and installation of laptop computers in Chatham Borough Police Department Patrol vehicles; and WHEREAS, the Chatham Borough Chief of Police has reviewed the bid and has notified the Borough Administrator that G.T.B.M. INC. is both qualified and responsible for the type of work contemplated; and WHEREAS, the Finance Director has determined sufficient funds are available in the amount of $30,348.00; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) permits the Borough of Chatham to award this bid under Morris County Co-Op Contract #41 without competitive bidding. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Chatham that a contract be processed and awarded to G.T.B.M. INC. and that the Mayor and Acting Clerk are hereby authorized and directed to execute a contract with G.T.B.M. INC. for $30, pursuant to Morris County Co-Op Contract #41; and BE IT FURTHER RESOLVED that a copy of the Purchase Quotation of G.T.B.M. INC., dated April 7, 2004, setting forth the equipment and installation services therein, shall be attached to and shall become a part of this Resolution. MONTHLY Accept Monthly Reports received from the following Departments: REPORTS Council Member Birnbaum Bills & Warrants List (March 2004) Monthly Financial Statement Council Member Birnbaum Recreation Committee (March 2004) Council Member Fuller Department of Public Works (March 2004) Council Member Crater Police Department (March 2004) Emergency Squad (March 2004) Municipal Court (February 2004)

12 Fire Department Report (March 2004) Office of Emergency Mgmt. (March 2004) Council Member Harris Building & Zoning Report (March 2004) Fire Inspections (March 2004) CONSENT AGENDA VOTE Resolutions # through # and Resolution # through Resolution # and the Monthly Reports. Council Member Fuller moved to approve the Consent Agenda and Council Member Grobert seconded, Council Member Fuller asked to remove resolution # from the Consent Agenda. A vote was taken and the Consent Agenda was approved unanimously. COUNCIL LIAISON REPORTS Environmental Commission Council Member Harris reported the last meeting was March 17. th National Manufacturing attended and made a presentation. The Commission continues to work on the Environmental Resources Inventory. The Commission is working with two Eagle Scout candidates, one scout is refurbishing around Milton Pond and the other Scout is working on bat houses. Trail Cleanup is Saturday at 10:00 a.m. located at Shepard Kollock Park. Open Space Committee Council Member Birnbaum was not present. Mayor Plambeck reported that progress is being made on the purchase of the New Jersey American property. Shade Tree Commission Council President Grobert stated there had not been a meeting this month, but Arbor Day is April 30 th Traffic Safety Committee Council President Grobert reported the next meeting is April 20 th at 8:00. They have a lot of projects they are working on. Board of Education Council Member Birnbaum was not present Historic Preservation Commission Council Member Fuller stated the next meeting is April 21 st at 10 a.m. Recreation Committee Council Member Birnbaum was not present Chamber of Commerce Council Member Birnbaum was not present

13 Board of Health Council Member Williams was not present Local Assistance Board Council President Grobert stated she had nothing to report because they did not meet. Streetscape Committee Council Member Fuller stated they are in the process of reorganizing. ADMINISTRATOR S REPORT Bob Falzarano reported on the codification process of the Borough s new ordinance book. He also reported that the Willow Street improvements are approximately 90% complete. Mr. Falzarano stated there will be a meeting on May 3 rd at 7:30 to discuss the Jackson Avenue Lift Station, letters have been sent to residents of that area informing them of the meeting. The police department will be installing laptop computers in their patrol cars. UNFINISHED BUSINESS Council Member Crater made a motion to open the public hearing and second reading of Ordinance #04-10, seconded by Council President Grobert and approved on vote. ORDINANCE #04-10 SECOND READING AND PUBLIC HEARING OF A BOND ORDINANCE TO AUTHORIZE THE REPLACEMENT OF A WATER MAIN AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF CHATHAM, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $435,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. There were no comments from the public. Council Member Crater made a motion to close the public hearing on Ordinance #04-10, seconded by Council Member Fuller. Council Member Crater made a motion to adopt Ordinance #04-10 on second reading and that it be advertised according to law, seconded by Council Member Fuller and approved on vote as follows: A roll call vote was taken: Council Member Yes No Abstain Absent Mrs. Fuller x Mr. Williams x Mrs. Grobert x Mr. Birnbaum x Mr. Crater x Mr. Harris x

14 Council Member Crater made a motion to open the public hearing and second reading on Ordinance #04-11, seconded by Council Member Harris and approved on vote. ORDINANCE #04-11 SECOND READING AND PUBLIC HEARING OF A BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, A NEW AUTOMOTIVE VEHICLE AND A NEW FIRE ENGINE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, AND NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT IN, BY AND FOR THE BOROUGH OF CHATHAM, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO TRANSFER AND REAPPROPRIATE A FUNDED APPROPRIATION BALANCE IN THE AMOUNT OF $50,000 FOR SUCH CAPITAL PURPOSES, TO APPROPRIATE OR REAPPROPRIATE THE SUM OF $1,983,454 TO PAY THE COST THEREOF, TO APPROPRIATE A BOROUGH CAPITAL RESERVE, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. There were no comments from the public. Council Member Crater made a motion to close the public hearing on Ordinance #04-11, seconded by Council Member Grobert. Council Member Crater made a motion to adopt Ordinance #04-11 on second reading and that it be advertised according to law, seconded by Council Member Grobert and approved on vote as follows: A roll call vote was taken: Council Member Yes No Abstain Absent Mrs. Fuller x Mr. Williams x Mrs. Grobert x Mr. Birnbaum x Mr. Crater x Mr. Harris x Council Member Harris made a motion to introduce Ordinance #04-12 on first reading and that a public hearing be held on Monday, April 26, 2004 at 8:00 p.m. in the Council Chambers, Chatham Municipal Building. Prior to this hearing, the Ordinance will be posted and published according to law. Council Member Fuller seconded the motion and it was approved unanimously on vote. Council President Grobert abstained from the vote. Ordinance #04-12 was adopted on first reading

15 NEW BUSINESS ORDINANCE #04-12 AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF CHATHAM, CHAPTER 148 THEREOF ENTITLED Land Development Regulations TO AMEND THE DEFINITION OF USABLE LOT AREA AND TO REGULATE DEVELOPMENT ON STEEP SLOPES Council President Grobert made a motion to introduce Ordinance #04-13 on first reading and that a public hearing be held on Monday, April 26, 2004 at 8:00 p.m. in the Council Chambers, Chatham Municipal Building. Prior to this hearing, the Ordinance will be posted and published according to law. Council Member Crater seconded the motion and it was approved on vote. ORDINANCE #04-13 AN ORDINANCE TO AMEND CHAPTER 139 ENTITLED VEHICLES AND TRAFFIC ARTICLE II ENTITLED PARKING OF THE CODE OF THE BOROUGH OF CHATHAM TO PROVIDE FOR THE PROHIBITION OF PARKING DURING STATE OF EMERGENCY. Section 1. Chapter 139 entitled Vehicles and Traffic Article II entitled Parking of the Code of the Borough of Chatham is hereby amended to change or add the following provision for the prohibition of parking during state of emergency: Section Parking prohibited during state of emergency. A. Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary emergency no-parking signs are displayed. The Chief of Police or, in his absence, the ranking police officer is authorized to declare an emergency and to direct the posting of said emergency no-parking signs when weather conditions, accidents, fires or public celebrations dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that the emergency no-parking signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs. B. The effectiveness of this subsection is contingent upon the signs being erected as required by law. C. Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any Police Officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal, before regaining possession of the vehicle. Section 2. Chapter 139 of the Code of the Borough of Chatham, Sections to are hereby renumbered to become Sections to

16 Section 3. Article VIII entitled Schedules shall be amended to conform to the renumbered sections as follows: A. Section Schedule I: No Parking. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section B. Section Schedule II: No Parking Certain Hours. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section C. Section Schedule III: No Stopping or Standing. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section D. Section Schedule IV: Time Limit Parking. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section E. Section Schedule V: Handicapped Parking. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section F. Section Schedule VI: Trucks Over Four Tons Restricted. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section G. Section Schedule VII: One-Way Streets. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section H. Section Schedule VIII: Through Streets. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section I. Section Schedule IX: Stop Intersections. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section J. Section Schedule X: Yield Intersections. shall be amended to delete Section and to insert Section in its place so that the section reads in pertinent part: In accordance with the provisions of Section Section 4. This ordinance shall take effect immediately upon final passage and publication as required by law

17 Council Member Harris made a motion to adopt resolution # Council Member Crater seconded. A vote was taken and all were in favor of resolution # 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: PERSONNEL/CONTRACT NEGOTIATIONS/LITIGATION 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 attorney-client privilege. Personnel- Chief Drake- Police Officer hiring. Contract Negotiations- Sale of Borough property. Litigation- 1. Florham Park litigation. 2. Morris County Construction Board of Appeals matter. ADJOURN There being no further business the meeting will adjourn into Executive Session. Respectfully Submitted: Susan Caljean Acting Municipal Clerk