Regular Council Meeting Minutes February 13, 2006 REGULAR COUNCIL MEETING February 13, 2006 8:00 p.m.

The Regular Council Meeting of the Borough of Chatham was held on Monday February 13, 2006 beginning at 8:00 p.m. in the Council Chambers, in the Municipal Building.

The meeting was called to order at 8:00 p.m.; Council President Cordelia O. Fuller presiding

The Council President 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 Morris County Daily Record, the New Jersey Star Ledger and emailed to the Independent Press and filed with the Borough Clerk, all on December 30, 2005.

ROLL CALL On a call of the roll the following officials were present:

Council President Cordelia O. Fuller Council Member Stephen W. Williams Council Member Richard E.Crater, Jr.* Council Member Bruce A. Harris Council Member Jayme V. LaJeunesse Council Member James J. Collander Mayor Richard L. Plambeck* Robert J. Falzarano, Borough Administrator David J. Lloyd, Borough Attorney Susan Caljean, Municipal Clerk *absent

Council President Fuller read the following Proclamation

PROCLAMATION TO HONOR ST. PATRICK’S ROMAN CATHOLIC CHURCH

WHEREAS, Saint Patrick’s Parish is celebrating the fiftieth anniversary of the dedication of its church building on February 12, 2006; and

WHEREAS, the current church building was formally dedicated on December 17, 1955; and

WHEREAS, Saint Patrick’s parish community has long served the communities of Chatham Borough and Chatham Township through carrying out its mission, including service to all those in need through many youth, family and social ministries; and { PAGE } Regular Council Meeting Minutes February 13, 2006

WHEREAS, the church is a beautiful house of worship where St. Patrick’s parish can pass on its faith traditions and strengthen the spiritual life of all parishioners, so they can witness to their faith and participate actively in the ministries to our community as described above;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Chatham, that we hereby thank all the members of Saint Patrick’s Church for the many years of service by their parish community and the numerous benefits they have provided to our community, and we honor them as they celebrate this auspicious occasion!

PRESENTATION 2006 Engineering Budget- Acting Borough Engineer- Mr. Vince DeNave made a presentation outlining the projects to be done in 2006. He recommends paving 1 ½ miles of road each year. The road projects for 2006 would be Chandler Road, Burgess Street and South Passaic Avenue. A grant was received from the state for $110,000.00 for the River Road Project Phase II. There are also several parking lots that need to be paved in 2006.

Stormwater Control Ordinance- Acting Borough Engineer- Mr. Vince DeNave reported the Stormwater Control Ordinance is a standard document issued by the state the penalties at the end are the only things that can be changed by the Municipality. The DPW has been mapping the outfalls. This mapping does not have to be completed until 2007. The Ordinance must be adopted by April 1, 2006. Council Member Harris asked that the engineer talk with the Mayor as to whether the Ordinance needs to be customized for Chatham Borough.

Wilson Avenue Sewer Line- Acting Borough Engineer- Mr. Vince DeNave reported that it will not be easy to fix the problem on Wilson Avenue. He expects the project will cost approximately $45,000.00.

Integrated Justice Information System-Chief Drake reported that the Morris County Intregrated Justice Information System is a data base system which pulls real time data from the 37 Municipal Law Enforcement Agencies in Morris County and from the Morris County Prosecutor Office and the Morris County Park Police. The costs for the project will be paid for by The County of Morris.

Sharon Gill – Friends of the Shade Tree reported their first project will be to plant trees on Main Street; from Hillside Avenue east and from Elmwood Avenue west. She spoke to the Northern Regional Manager of Landscaping for the Department of Transportation. He is going to work with the Friends of the Shade Tree to get the State to pay for and plant trees along Main Street.

Chief Drake made a few remarks about Steve Donnelly’s dedicated service and congratulated him on a job well done.

{ PAGE } Regular Council Meeting Minutes February 13, 2006 RESOLUTION #06-94 RESOLUTION TO HONOR SERGEANT STEVEN P. DONNELLY ON THE OCCASION OF HIS RETIREMENT FROM THE CHATHAM BOROUGH POLICE DEPARTMENT

WHEREAS, by letter dated January 30, 2006, Sergeant Steven P. Donnelly has advised Police Chief John W. Drake III. that he is retiring from the Chatham Borough Police Department, effective April 1, 2006; and

WHEREAS, Sergeant Donnelly received an Associate’s Degree from Raritan Valley Community College in addition to numerous Police Training Classes; and

WHEREAS, Sergeant Donnelly began his employment with the Chatham Borough Police Department as a Police Officer on March 10, 1981; and

WHEREAS, during his twenty-five (25) years with the Department, his assignments have included Traffic Officer, Juvenile Officer, Detective, Patrol Sergeant, and Detective Sergeant; and

WHEREAS, on June 5, 2000 Officer Donnelly was promoted to the rank of Sergeant.

NOW, THEREFORE, BE IT RESOLVED, THAT THE COUNCIL OF THE BOROUGH OF CHATHAM, acknowledges on behalf of the people of the Borough of Chatham, and the Chatham Borough Police Department, that Sergeant Steven P. Donnelly served the Borough of Chatham and the Chatham Borough Police Department with loyalty, professionalism, integrity, and dedication for over twenty-five (25) years. He is widely respected as a person of honesty and integrity, and highly regarded throughout the law enforcement ranks and the community that he has served so proudly. Sergeant Donnelly’s actions were in accordance with the highest standards and traditions of the Chatham Borough Police Department.

We salute and congratulate you, Sergeant Steven P. Donnelly, and wish you all the best in your new position with the County of Morris Office of Emergency Management.

Council Member Williams moved to approve Resolution #06-94 and Council Member Harris seconded. A vote was taken and it was approved unanimously.

Council President Fuller presented a plaque to Sergeant Donnelly.

RESOLUTION #06-83 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 meeting are approved as typed and filed in the Borough Clerk’s office: Council Meeting, January 23, 2006

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Council Member La Jeunesse moved to approve Resolution #06-83 and Council Member Williams seconded. A vote was taken and it was approved unanimously.

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.

Anthony Piechnik of 19 Coleman Avenue would like to have the school at Ogden Memorial Church set up a pick up/drop off plan. He would also like to have some traffic ordinances put into effect. He would like the new engineer to investigate if the Coleman Avenue is a substandard street.

Chris Tomaino of 24 University Avenue is the Chairman of the Fishawack Committee. Fishawack Day is scheduled for June 10th. The next Committee meeting will be on February 28th at 7:30 in the Common Rooms in the Firehouse.

Michael Dean of 181 N. Passaic Avenue had questions about Resolution #06-95. Bob Falzarano answered his questions. Mr. Dean asked what Borough property was going to be discussed in Executive Session. Mr. Lloyd explained it was to be discussed in Executive Session and they would disclose to the public at the proper time.

Martha May of 20 Kimball Street would like to have the walkway between the Center Ave. East Parking Lot and South Passaic Ave improved.

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 #06–84 through Resolution #06–97 have been placed on the Consent Agenda.

RESOLUTION #06-84 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. { PAGE } Regular Council Meeting Minutes February 13, 2006 RESOLUTION #06-85 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 9/11.0 Chatinover, Jonathan & O’Connor, Elizabeth $6,115.44 2005/3rd Qtr. 210 Fairmount Avenue Duplicate payment made

29/19 Allocco, Madeline $1,200.00 2006/1st Qtr. 56 Kings Road *2004 NJ Fair Homeowner Rebate (account is now current)

63/25 Holler, Elizabeth $ 168.88 2005/4th Qtr. (*overpaid due to late incoming Morris County Judgement)

29/5,29/6, Apgar, J & J Volker $6,255.00 2005/4th Qtr. & 33/4 555, 535 & 500 Main Street N.J. Tax Court Judgement ($2,085.00 for each property) *Please make check payable & mail to: Andrew S. Kessler, Esquire 5 Becker Farm Road Roseland, NJ 07068

118/35 Floyd, Steven & Kathleen $1,938.71 2006/1st Qtr. 53 S. Passaic Avenue Duplicate Payment made

RESOLUTION #06-86 RESOLUTION TO TRANSFER MONIES BETWEEN ACCOUNTS

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demands thereon for the expenses of the 2005 reserve year Current Fund in the following account;

Account Number 25-240-1

WHEREAS, there appears to be sufficient funds in the following accounts over and above the demand deemed to be necessary for the balance of the 2005 reserve year Current Fund;

Account Number 31-446-2 31-435-2 20-105-2 20-100-2

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NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-59, the Borough Council of the Borough of Chatham authorizes the Chief Financial Officer to make the following transfers:

Transfer To: Transfer From Account # Amount Account # Amount 25-240-1 $3,550.00 31-446-2 $ 200.00 31-435-2 $ 700.00 20-105-2 $ 700.00 20-100-2 $1,950.00 Operating Fund $3,550.00 $3,550.00

RESOLUTION #06-87 RESOLUTION TO AMEND RESOLUTION #06-6 TO APPOINT MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND COMMISSIONER AND ALTERNATE FOR 2006

WHEREAS, pursuant to the proposed bylaws of the Morris County Municipal Joint Insurance Fund, the Mayor and Council must appoint a Commissioner to represent the Borough in the Fund, and that said appointment must be made by resolution.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that Robert J. Falzarano be appointed as Commissioner and Tyrina Milian and Mrs. Klein be appointed as Alternate Commissioners to the Morris County Municipal Joint Insurance Fund for 2006.

Susan Caljean, RMC Cordelia O. Fuller, Council President

RESOLUTION #06-88 RESOLUTION TO AMEND RESOLUTION #06-7 TO APPOINT COMMUNITY DEVELOPMENT REVENUE SHARING COMMITTEE REPRESENTATIVE AND ALTERNATE FOR 2006

WHEREAS, the Borough of Chatham is a participant of the Morris County Community Development Program and the Community Development Revenue Sharing Committee.

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Chatham do hereby appoint Cordelia O. Fuller, Robert J. Falzarano and Susan Caljean to the Community Development Revenue Sharing Committee for 2006.

{ PAGE } Regular Council Meeting Minutes February 13, 2006 RESOLUTION #06-89 RESOLUTION TO AMEND RESOLUTION #06-30 APPOINTING 2006 SAFETY DELEGATE

BE IT RESOLVED that the Mayor and Council of the Borough of Chatham do hereby appoint Robert Venezia as the 2006 Safety Delegate for the Borough of Chatham effective January 1, 2006.

RESOLUTION #06-90 RESOLUTION TO DESIGNATE SIGNATORIES ON THE FOLLOWING TRUST ACCOUNTS

BE IT RESOLVED by the Mayor and Borough Council of the Borough of Chatham that the signatures of one of the three below named officials are required for the issuance of checks and drafts from the following trust accounts:

Surcharge Trust Dog Trust General Trust Recreation Trust Special Police Trust Payroll Unemployment Trust Special Assessment Trust Special Law Enforcement Public Defender Trust COAH Trust Open Space Trust Snow Removal Trust Escrow Accounts Master #111204

Dorothy M. Klein, Chief Financial Officer or Tyrina Milian, Assistant Finance Officer or Robert J. Falzarano, Administrator

RESOLUTION #06-91 RESOLUTION TO ACCEPT WILLIAM COY RESIGNATION FOR THE BOROUGH OF CHATHAM AS EXECUTIVE ADMINISTRATIVE ASSISTANT

WHEREAS, by letter dated January 23, 2006 William Coy has advised that he is resigning as Administrative Assistant for the Borough of Chatham, effective February 3, 2006;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Chatham that it accepts the resignation of William Coy as Administrative Assistant for the Borough of Chatham, effective February 3, 2006; and be it further { PAGE } Regular Council Meeting Minutes February 13, 2006

RESOLVED, that the governing body wishes William Coy all of the best regarding his future endeavors.

RESOLUTION #06-92 RESOLUTION TO HONOR BETTY RHODES LAUX AS SECRETARY TO THE CHATHAM BOROUGH POLICE DEPARTMENT ON THE OCCASION OF HER RETIREMENT

WHEREAS, by letter dated January 4, 2006, Betty Rhodes Laux (hereinafter “Betty”) has advised Police Chief John W. Drake III. that she is retiring as Secretary to the Chatham Borough Police Department, effective April 1, 2006; and

WHEREAS, Betty began her employment with Chatham Borough on February 1, 1972; and

WHEREAS, Betty has held the position of Secretary to the Chatham Borough Police Department and as Secretary to the Chatham Board of Health, and has given 34 years of dedicated and distinguished service to the Borough of Chatham; and

WHEREAS, in addition to her numerous contributions made to the Chatham Borough Police Department and the Chatham Borough Board of Health throughout her career, she has always held her family as her highest priority. She is the proud parent of 2 children and the grandparent of 3 wonderful grandchildren; and

WHEREAS, Betty, having dedicated 34 years of faithful service to the Chatham Borough Police Department is regarded with the highest esteem by the Chief of Police, John W. Drake, III, by Captain Karen Sullivan, and by all of the members of the Chatham Borough PBA, and also by past and present members of the Chatham Borough Board of Health, and, accordingly, she will be greatly missed:

NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE BOROUGH OF CHATHAM, that on behalf of the people of the Borough of Chatham, the Council congratulates Betty Rhodes Laux for her 34 years of faithful service to Chatham Borough and upon her retirement on April 1, 2006; and it is further

RESOLVED, that the Clerk is hereby directed to transmit a copy of this Resolution to Betty Rhodes Laux.

RESOLUTION #06-93 RESOLUTION TO ACCEPT THE RESIGNATION OF JUSTIN GETCHIUS AS A FULL-TIME TELECOMMUNICATOR FOR THE CHATHAM BOROUGH POLICE DEPARTMENT AND TO CONTINUE HIS EMPLOYMENT WITH CHATHAM BOROUGH AS A PART-TIME TELECOMMUNICATOR

WHEREAS, by letter dated February 3, 2006 Justin Getchius has advised that he is resigning as a full-time telecommunicator for the Chatham Borough Police Department, effective February 18, 2006; and { PAGE } Regular Council Meeting Minutes February 13, 2006

WHEREAS, Justin Getchius has agreed to continue as a part-time telecommunicator for the Chatham Borough Police Department at the rate of $17.16 per hour.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Chatham that it accepts the resignation of Justin Getchius as a full-time telecommunicator for the Chatham Borough Police Department, effective February 18, 2006; and it is further

RESOLVED, that Justin Getchius will continue his employment with Chatham Borough as a part-time telecommunicator at the rate of $17.16 per hour.

RESOLUTION #06-95 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PROFESSIONAL APPRAISAL SERVCES TO INTEGRA REALTY RESOURCES

WHEREAS, the Borough of Chatham has a need to acquire professional appraisal services for the year 2006 as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A- 20.5; and

WHEREAS, such services are a “professional service” as defined by N.J.S.A. 40A:11-2(6), and which is permitted by N.J.S.A. 40A:11-5(1)(a) to be contracted for without public bidding; and

WHEREAS, the Chief Financial Officer has determined and certified in writing that the value of the acquisition may not exceed $17,500 and that funds are available; and

WHEREAS, the anticipated term of this contract is for one year; and

WHEREAS, INTEGRA REALTY RESOURCES has submitted a proposal indicating the firm will provide professional appraisal services for at the hourly rates set forth in the Contract; and

WHEREAS, the Borough Assessor has confidence in the firm of INTEGRA REALTY RESOURCES by reason of the quantity and quality of special knowledge and experience demonstrated by the firm, and further by reason of the scope of services and schedule of compensation proposed by the firm, as more fully set forth in in its Contract; and

WHEREAS, INTEGRA REALTY RESOURCES has completed and submitted a Business Entity Disclosure Certification which certifies that INTEGRA REALTY RESOURCES has not made any reportable contributions to a political or candidate committee in the Borough of Chatham in the previous one year, and that the contract will prohibit INTEGRA REALTY RESOURCES from making any reportable contributions through the term of the contract.

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Chatham authorizes the Council President to enter into a contract with INTEGRA { PAGE } Regular Council Meeting Minutes February 13, 2006 REALTY RESOURCES as described herein; provided, however that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and it is further

RESOLVED, that notice of this Resolution be published once in the official newspaper of the Borough as required by N.J.S.A. 40A:11-5(1)(a).

RESOLUTION #06-96 RESOLUTION AUTHORIZING THE BOROUGH OF CHATHAM TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF MORRIS FOR ACCESS TO THE MORRIS COUNTY INTEGRATED JUSTICE INFORMATION SYSTEM (MCIJIS)

BE IT RESOLVED, by the Mayor and Council authorizes the Chief of Police to enter into a Memorandum of Understanding, dated February 13 2006, with the County of Morris for access to the Morris County Integrated Justice Information System (MCIJIS).

RESOLUTION #06-97 RESOLUTION FOR THE MAYORAL APPOINTMENTS OF THE VARIOUS BOARDS AND COMMISSIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Chatham that the following be appointed to the following boards and commissions:

Lee Byrd-17 Jackson Avenue- Environmental Commission as 2nd Alternate Lisa DeRosa-11 Dellwood Avenue-Board of Health as 2nd Alternate Philip Kagan-6 Elm Place-Planning Board as 1st Alternate Cheryl Mercer-8 Mercer Avenue-Traffic Safety Advisory Committee Herbert Ramo- 8 Taft Street-Streetscape Committee

MONTHLY REPORTS

Accept Monthly Reports received from the following Departments:

Council Member Williams Bills & Warrants List (January 2006) Monthly Financial Statement

Council Member La Jeunesse Recreation Committee (January 2006)

Council President Fuller Department of Public Works (January 2006)

Council Member Crater Police Report (January 2006) Emergency Squad (January 2006) Municipal Court (December 2005) Fire Department Report (January 2006)

Council Member Harris Building & Zoning Report (January 2006) Fire Inspections (January 2006) { PAGE } Regular Council Meeting Minutes February 13, 2006

CONSENT AGENDA VOTE

Resolutions #06–84 through #06–97 and the Monthly Reports Council Member Harris moved to approve the Consent Agenda and Council Member Collander seconded, a vote was taken and it was approved unanimously.

COUNCIL LIAISON REPORTS

Historic Preservation Commission Council President Cordelia O. Fuller stated there was no meeting last month. The next meeting is scheduled for February 21, 2006 at 7:30 pm. Local Assistance Board Counsel President Cordelia O. Fuller stated the next meeting is scheduled for February 15, 2006 at 7:30 pm. Streetscape Committee Council President Cordelia O. Fuller reported that Bob Falzarano and Bob Venezia meet with a representative of the energy company to discuss the State paying for the lighting on Main Street. Board of Education Council Member Richard E. Crater, Jr. absent Chamber of Commerce Council Member Richard E. Crater, Jr. absent Environmental Commission Council Member Bruce A. Harris reported the Commission continues to work on the Environmental Resource Inventory. The Commission is looking at project proposals for the Westcott Trust Donation. Open Space Committee Council Member Bruce A. Harris reported the Open Space Committee is continuing to look at the vacant Borough owned parcels of land and paper streets. Planning Board Council Member Bruce A. Harris reported the consultant working on the Master Plan presented a preliminary report that the Board is pleased with. The Planning Board would like to have a televised meeting this spring on FAR regulations. Traffic Committee Council Member Jayme V. La Jeunesse had no report. The next meeting will be March 7, 2006 at 7:00 pm. Recreation Committee Council Member Jayme V. La Jeunesse had no report. The next meeting will be on March 15, 2006 at 7:30 pm. Board of Health Council Member James J. Collander had no report. Shade Tree Commission Council Member James J. Collander reported the Commission will plant 50 trees this spring, plus 10 elm trees. The windshield survey is done and approximately 30 trees need pruning.

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ADMINISTRATORS REPORT Bob Falzarano reported the Municipal Budget will be introduced at the February 27th Council Meeting. There was a meeting to discuss a draft Woodland Park Interlocal Agreement. The Employee Practices Manual will be submitted on March 27th for Council approval. Mayor Plambeck, Bob Falzarano Mr. Collander and Mr. DeNave had a meeting with Dale Dealtree of Ogden Memorial Church to discuss the traffic issues. The church has hired a consultant to prepare a traffic study and hopefully that will be completed before April 1st. The recreation fields and facilities report prepared by Jersey Professional Management is scheduled to be submitted by February 20th.

UNFINISHED BUSINESS

ORDINANCE #06-01 A CONTINUATION OF A SECOND READING AND PUBLIC HEARING OF AN ORDINANCE TO AMEND CHAPTER 184 OF THE CODE OF THE BOROUGH OF CHATHAM ENTITLED “NOISE,” TO PROVIDE FOR MORE STRINGENT HOURS OF OPERATION FOR VARIOUS EQUIPMENT AND CONSTRUCTION/ DEMOLITION ACTIVITIES AND TO CONFORM THE ENFORCEMENT PROVISIONS OF THE CODE TO REQUIRED STATUTORY PENALTIES

Council Member Collander made a motion to open the public hearing on Ordinance #06-01 seconded by Council Member Harris.

David Lloyd suggested that the Council continue the hearings so he can continue discussing the Ordinance with the Office of Local Environmental Management.

Council Member Williams made a motion to continue the hearing of Ordinance #06-01 on February 27, 2006, seconded by Council Member Harris a vote was taken and it was approved unanimously.

ORDINANCE #06-02 A CONTINUATION OF A SECOND READING AND PUBLIC HEARING OF AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF CHATHAM, CHAPTER 208 THEREOF ENTITLED “PUBLIC HEALTH NUISANCES” TO ESTABLISH ARTICLE I ENTITLED “PUBLIC HEALTH NUISANCES, ” ARTICLE II ENTITLED “NUISANCE PROHIBITED - NOISE” AND ARTICLE III ENTITLED “HOURS OF CONSTRUCTION, POWER EQUIPMENT USE”

Council Member Collander made a motion to open the public hearing on Ordinance #06-02 seconded by Council Member Harris.

Donna Cal-Charles of 131 Center Avenue asked if this Ordinance would allow homeowners to mow there lawn after 6:00 pm. Council Member Harris stated the homeowner would not be able to mow after 6:00 pm.

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Michael Dean of 181 S. Passaic Avenue asked if the Borough was exempt from this Ordinance. Mr. Lloyd stated the Borough would be exempt.

Martha May of 20 Kimball Street agreed with Donna Cali-Charles that homeowners should be exempt from the Ordinance.

Mary Ross of 217 Washington Avenue had complaints about construction before 8:00 in the morning.

Jim Scott of 8 Woods Lane commented that the Ordinance should be done correctly the first time not passed and amended.

Council Member Harris made a motion to close the public hearing on Ordinance #06-02, seconded by Council Member Collander and approved unanimously.

Council Member Harris made a motion to adopt Ordinance #06-02 on second reading and that it be advertised according to law, seconded by Council Member Collander and approved on vote as follows:

Council Member Yes No Abstain Absent

Fuller x Williams x Crater x Harris x LaJeunesse x Collander x

ORDINANCE #06-03 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE WHICH AMENDS CHAPTER 217, ENTITLED “SEWERS” ARTICLE II ENTITLED “SEWER SERVICE CHARGE” SECTION 37 ENTITLED “COMPUTATION OF CHARGES” OF THE CODE OF THE BOROUGH OF CHATHAM TO INCREASE THE SEWER SERVICE CHARGE RATE AND PROVIDE FOR AN OUTSIDE WATER USAGE CREDIT AND MINIMUM CHARGE.

Council Member Harris made a motion to open the public hearing on Ordinance #06-03 seconded by Council President Fuller.

Michael Dean of 81 S. Passaic Avenue had some concerns about the wording of the Ordinance. Mr. Dean also had questions about the sewer billing from the Joint Meeting. Council President Fuller referred Mr. Dean to the questions and answers on the Borough web site.

Chris McNiff of 53 Lincoln Avenue was a member of the Water and Sewer Committee. He suggested all water use be metered in town.

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Martha May of 20 Kimball Street questioned what buildings in the Borough are not metered. Bob Falzarano stated all buildings in the Borough are metered.

Donna Cal-Charles of 131 Center Avenue questioned why the Borough does not pay for their water use. The homeowners are paying a higher rate to cover the Borough’s usage.

Council Member Harris made a motion to close the public hearing on Ordinance #06-03, seconded by Council Member Collander and approved unanimously.

Council Member Harris made a motion to adopt Ordinance #06-03 on second reading and that it be advertised according to law, seconded by Council Member Collander and approved on vote as follows:

Council Member Yes No Abstain Absent

Fuller x Williams x Crater x Harris x La Jeunesse x Collander x

RESOLUTION #06-98 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:

CONTRACT NEGOTIATIONS- 1. Request to purchase Borough owned property

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.

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ADJOURN

There being no further business, the meeting adjourned into Executive Session.

Council Member Harris moved Resolution #06-98 to close the public meeting and adjourn. Council Member Williams seconded the motion. All voted in favor and the meeting adjourned at 10:50 p.m.

Respectfully Submitted:

Susan Caljean Municipal Clerk

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