AGENDA. October 22, 2012

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AGENDA Regular Meeting Borough of Chatham Borough Council 54 Fairmount Avenue Chatham, NJ 07928 CALL MEETING The meeting will be called to order at 7:30 p.m. TO ORDER SALUTE TO FLAG MOMENT OF SILENCE 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, emailed to the Independent Press, the Morris County Daily Record, the Star Ledger, the Chatham Courier, the Chatham Patch, and Alternative Press and filed with the Borough Clerk, all on December 29, 2011. ROLL CALL On a call of the roll the following officials should be present: Mayor Bruce A. Harris Council Member James J. Collander Council President James Lonergan Council Member John Holman Council Member Leonard Resto Council Member Victoria Fife Council Member Gerald J. Helfrich Robert J. Falzarano, Borough Administrator James L. Lott, Jr., Borough Attorney Susan Caljean, Municipal Clerk PROCLAMATION TOWN & COUNTRY GARDEN CLUB CELEBRATING ITS 60 TH ANNIVERSARY K-10/19/12 1

WHEREAS, the Town & Country Garden Club was started by Irene Turner and Sally Vaughn and 18 enthusiastic Chatham gardeners on October 28, 1952; and WHEREAS, in 1956 the club became a provisional member of the New Jersey State Federation of Garden Clubs and in 1957 the club created dried arrangements in the authentic eighteenth century Williamsburg manner which were on display at the Ford Mansion in Morristown; and WHEREAS, the club raised money and community awareness regarding environmental issues that were affecting the Great Swamp; and raised enough money to purchase a one-half acre and donated it to the Great Swamp Association and continue to support the Raptor Trust; and WHEREAS, the Garden Club therapy efforts focus on creating floral arrangements for our troops at Lyons Veterans Hospital, which is part of a statewide garden club project; and WHEREAS, the club has long been associated with beautification projects such as the Red Brick Schoolhouse where they plant flowers in the window boxes, place wreaths in the windows at Christmas and continue to improve the landscaping around the Schoolhouse; and at the Library, the club decorates two Christmas trees each year; and WHEREAS, the club plants flowers each spring at the Senior Center of the Chathams and the Raptor Trust, they also beautify downtown Chatham by planting flowers and greens in the planters along Main Street. THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham that the Town & Country Garden Club be commended for their 60 years of service to the community, you all have made Chatham Borough a better place to live! RESOLUTION #12-350 RESOLUTION TO ADOPT MINUTES BE IT RESOLVED, by the Council of the Borough of Chatham that the minutes from the following meeting are approved as amended and filed in the Borough Clerk s office: Executive Session- September 24, 2012 DISCUSSION ITEMS 1. 2012 Fees: Recreation, Construction, Water, Solid Waste, Sewer, 2014 Parking Fees and Other Fees- Mr. Lonergan 2. Best Practices Inventory- Mr. Falzarano K-10/19/12 2

MEETING OPEN TO THE PUBLIC 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. Council Committee Reports Budget and Finance James Lonergan- Chair Public Works Planning Personnel Public Safety & Emergency Services Shared Services & 3 rd Party Agreements John Holman- Chair Leonard Resto-Chair James J. Collander-Chair Victoria Fife- Chair Madison/Chatham Joint Meeting John Holman, Chair MAYOR S REPORT Mayor Bruce A. Harris ADMINISTRATOR S REPORT Robert J. Falzarano CONSENT AGENDA The following items are considered to be routine by the Chatham Borough 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 #12-351 through Resolution #12-358 have been placed on the Consent Agenda. PROCLAMATION PANCREATIC CANCER AWARENESS MONTH Declaring the month of November Pancreatic Cancer Awareness Month in the Borough of Chatham: WHEREAS, in 2012, an estimated 43,920 people will be diagnosed with pancreatic cancer in the United States and 37,390 will die from the disease; and K-10/19/12 3

WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and 74 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, of all the racial/ethnic groups in the United States, African Americans have the highest incidence rate of pancreatic cancer, between 34 percent and 70 percent higher than the other groups; and WHEREAS, approximately 1,130 deaths will occur in New Jersey in 2012; and WHEREAS, there is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years; and WHEREAS, the Federal Government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers; and pancreatic cancer research constitutes approximately 2 percent of the National Cancer Institute s Federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and WHEREAS, the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in the Borough of Chatham and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS the Pancreatic Cancer Action Network and its affiliates in the Borough of Chatham support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS the good health and well-being of the residents of the Borough of Chatham are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. THEREFORE, BE IT RESOLVED, that the Borough of Chatham designate the month of November 2012 as Pancreatic Cancer Awareness Month in the Borough of Chatham. K-10/19/12 4

APPOINTMENT RESOLUTION #12-351 RESOLUTION TO APPOINT A VOLUNTEER TO THE FARMERS MARKET COMMITTEE BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham that the following volunteer be appointed to the Farmers Market Committee with a term to expire on December 31, 2012: Elizabeth Donaway FINANCE RESOLUTION #12-352 RESOLUTION TO APPROVE PAYMENT OF VOUCHERS WHEREAS, vouchers for payment have been submitted to the Borough Council by the various municipal departments, NOW, THEREFORE, BE IT RESOLVED by the 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 #12-353 RESOLUTION TO REFUND THE FOLLOWING FOR AN OVERPAYMENT OF A WATER BILL BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham that the following be refunded for an overpayment of a water bill: Mail to: Amount Property Address T.E. Adelphia Group $253.07 264 Hillside Avenue 29 Murphy Circle Florham Park, NJ 07932 RESOLUTION #12-354 RESOLUTION TO AMEND RESOLUTION #12-335 TO TRANSFER HEALTH BENEFITS TO NEW JERSEY STATE HEALTH BENEFIT PROGRAM BE IT RESOLVED: K-10/19/12 5

1.The Borough of Chatham hereby elects to participate in the health program provided by the New Jersey State Health Benefits Act of the State of New Jersey (NJSA 52:14-17.26 and NJSA 52:14-17.46.2) and to authorize coverage for all the employees and their dependents thereunder in accordance with the statute and regulations adopted by the State Health Benefits Commission. 2. The Borough of Chatham will not have a stand-alone prescription drug plan and understands that prescription drug coverage will be provided based on the medical plan chosen by the subscriber. 3. The Borough of Chatham will be maintaining Principal Dental as its dental plan. 4. The Borough of Chatham elects 25 hours per week (average) as the minimum requirement for full-time employee status in accordance with NJAC 17:9-4.6. 5. The Borough of Chatham hereby appoints Michael Mariniello to act as Certifying Officer in the administration of this program. 6. This resolution shall take effect immediately and coverage shall be effective February 1, 2013 or as soon after as it may be effectuated pursuant to the statutes and regulations (can be no less than 75 or 90 days pursuant to the provisions of NJSA 17:9-1.4.) RESOLUTION #12-355 RESOLUTION AUTHORIZING WITHDRAWAL FROM THE NORTH JERSEY MUNICIPAL EMPLOYEE BENEFITS FUND EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Mayor and Borough Council of the Borough of Chatham have determined it to be in the best interests of the Borough of Chatham to withdraw from the North Jersey Municipal Employee Benefits Fund; WHEREAS, said withdrawal shall be effective February 1, 2012. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham as follows: 1. The Mayor and Borough Council hereby authorize the Borough of Chatham s withdrawal from the North Jersey Municipal Employee Benefits Fund effective 2/1/13. 2. All Borough officials are hereby authorized and directed to take all action necessary and appropriate to effectuate the terms of this resolution. RESOLUTION #12-356 K-10/19/12 6

K-10/19/12 7 RESOLUTION FOR THE APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO TRANSIT GRANT; SST-2013 CHATHAM BOROUGH 00088; PEDESTRIAN ACCESSIBILITY IMPROVEMENTS TO CHATHAM STATION ALONG THE FRONT STREET ROUTE PROJECT NOW, THEREFORE, BE IT RESOLVED, that the Council of the Borough of Chatham formally approves the grant application for the above stated project: BE IT FURTHER RESOLVED, that the Mayor and Borough Council or designee is hereby authorized to submit an electronic grant application identified as SST-2013 Chatham Borough 00088; Pedestrian Accessibility Improvements to Chatham Station along the Front Street Route Project to the New Jersey Department of Transportation on behalf of Chatham Borough requesting a grant total of $32,150.00. BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Chatham agreeing to a municipal cost of $4,822.50 and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. RESOLUTION #12-357 RESOLUTION TO AUTHORIZE THE ROTARY CLUB TO PLACE SIGNS FOR THE SALE OF CHRISTMAS LUMINARIES ON THE BOROUGH RIGHT OF WAY BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham that the Rotary Club be authorized to place signs for the sale of Christmas luminaries on the Borough right of way. RESOLUTION #12-358 RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND WHEREAS, the Borough of Chatham is a member of the Morris County Municipal Joint Insurance Fund; and WHEREAS, the Municipality desires to renew said membership; NOW THEREFORE, be it resolved as follows: 1. The Borough of Chatham agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the by-laws, rules and regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.

Mayor asks Clerk for a Roll Call Vote: K-10/19/12 8 2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Morris County Municipal Joint Insurance Fund evidencing the Municipality s intention to renew its membership. 3. The renewal period is for a three year term January 1, 2012 through December 31, 2014. CONSENT AGENDA VOTE: Mayor Harris asks Council Member to proceed with the Resolutions listed on the Consent agenda. Resolutions #12-351 through #12-358. 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: FIRST READING ORDINANCE PROCEDURE (1) Mayor Harris asks Council Member Fife to introduce Ordinance #12-14 (2) Council Member Fife introduces Ordinance #12-14 by title as follows: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE BOROUGH OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY DELETING EXISTING AND REPLACING NEW ARTICLE 165-78, ENTITLED LIGHTING, OF THE BOROUGH CODE (3) Council Member Fife explains the purpose of the Ordinance and moves for introduction of the First Reading. Council Member Fife reads: WHEREAS, the above Ordinance was introduced, read by title at this Council meeting held on. NOW, THEREFORE, BE IT HEREBY RESOLVED that at the Council meeting to be held on November 12, 2012 at 7:30 p.m. prevailing time, at the Borough Hall in said Borough, this Council will further consider this Ordinance for a second reading and final passage. AND BE IT FURTHER RESOLVED that the Clerk of this Borough is hereby requested to publish the proper notice thereof, including this Ordinance, post the Ordinance on the bulletin board in the Municipal Building and make copies available to members of the general public.

Name Motion Second Yes No Abstain Absent Collander Lonergan Holman Resto Fife Helfrich RESOLUTION #12-359 RESOLUTION TO RECESS INTO CLOSED SESSION BE IT RESOLVED, by the Borough Council of the Borough of Chatham that it adjourn into 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: 1. 2013 Employee Salaries- Mr. Resto 2. 2012 Employee stipends- Mr. Resto 3. Professional Service Evaluations- Mr. Falzarano CONTRACTS: 1. Mr. Bell-Reimbursement- Mr. Falzarano 2. Vacant Land Appraisals- Mr. DeNave 3. Tax Trust- 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. K-10/19/12 9