TOWNSHIP OF CHATHAM TOWNSHIP COMMITTEE MEETING MINUTES OCTOBER 23, 2014

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1 TOWNSHIP OF CHATHAM TOWNSHIP COMMITTEE MEETING MINUTES OCTOBER 23, 2014 Mayor Sullivan called the Regular meeting of the Township Committee of the Township of Chatham to order at 7:35 PM. Adequate Notice of this meeting of the Township Committee was given as required by the Open Public Meetings Act as follows: Notice was given to both The Chatham Courier and the Morris County Daily Record on January 6, 2014; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 6, 2014; and notice was filed with the Township Clerk on January 6, Mayor Sullivan led the Flag Salute. Roll Call Answering present to the roll call were Committeewoman Abbott, Committeeman Brower, Deputy Mayor Ritter and Mayor Sullivan. Committeeman Gallop arrived late. Approval of Agenda The Agenda was approved as written. Special Recognition RESOLUTION RESOLUTION OF THE TOWNSHIP OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY COMMENDING BOTH COVIELLO BROTHERS AND HONOR TREE SERVICE FOR THEIR TIRELESS EFFORTS IN HELPING AND PROMOTING THE CHATHAM COMMUNITY GARDEN ON WOODLAND AVENUE THAT RESIDES IN BOTH THE BOROUGH OF CHATHAM AND TOWNSHIP OF CHATHAM WHEREAS, both Coviello Brothers and Honor Tree Service have donated countless hours of their time at no cost to the Township taxpayer in making the Community Garden a reality; and, WHEREAS, both Coviello Brothers and Honor Tree Service have donated materials and services to the Community Garden at no cost to the taxpayers of the Township; and, WHEREAS, such assistance has consisted, but has not been limited to, the following: pruning of trees and removal of old stumps, removal of dead trees and debris leftover from Hurricane Sandy, hauling topsoil and compost for the Garden, utilizing heavy machinery and labor at the Garden to aid in its construction, and keeping their interest on an ongoing basis in the original Garden and its subsequent relocation to Woodland Road by bulldozing to ready the new land for the Spring, turning compost in the new Garden and many other activities too lengthy to individually name; NOW BE IT RESOLVED, that the Township Committee of the Township of Chatham, in the County of Morris, New Jersey, does hereby commend both Coviello Brothers and Honor Tree Service for their tremendous generosity and community spirit which has not only made the Community Garden a reality but has also improved the quality of life for all Chatham residents. Mayor Sullivan read aloud the above resolution commending Coviello Brothers and Honor Tree Service for their work at the Community Garden. Chris Moran, the co-chairman of the Community Garden Committee, also thanked Coviello Brothers and Honor Tree Service for their work. Committeewoman Abbott moved to pass Resolution Deputy Mayor Ritter seconded the motion. 1

2 Roll call: Committeewoman Abbott, Aye; Committeeman Gallop, Absent; Committeeman Brower, Aye; Deputy Mayor Ritter, Aye; Mayor Sullivan, Aye. Representatives from both companies were present to receive copies of the resolution. Reports Committeewoman Abbott reported that the Community Garden Committee is now headed by a Township resident, as Chris Moran is the co-chair. The groundwork has been done for a shed to be installed. Committeewoman Abbott also reported that the Planning Board will be further discussing updates to the circulation plan on November 3 rd and will hold a public hearing thereon on November 17 th. Deputy Mayor Ritter reported that the November/December newsletter is under production. Hearing of Citizens Mayor Sullivan opened the Hearing of Citizens. Seeing no comment, Mayor Sullivan closed the Hearing of Citizens. Consent Agenda RESOLUTION CHATHAM, ACKNOWLEDGING RECEIPT OF REPORTS BE IT RESOLVED by the Township Committee of the Township of Chatham that the following monthly reports of departments be acknowledged as received: Construction Official September CFO September Tax Collector September Police Department September Fire Official July, August, September Raffle Licenses 3 rd Quarter Registrar of Vital Statistics 3 rd Quarter State Training Fees 3 rd Quarter Dog Licensing Official 3 rd Quarter RESOLUTION CHATHAM APPROVING MEETING MINUTES BE IT RESOLVED that the Township Committee of the Township of Chatham acknowledges receipt of and approves the minutes of the Township Committee meetings held on October 9, RESOLUTION CHATHAM APPROVING EXECUTIVE SESSION MINUTES BE IT RESOLVED that the Township Committee of the Township of Chatham acknowledges receipt of and approves Executive Session minutes of the Township Committee meeting held on October 9, RESOLUTION CHATHAM AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH AJM CONTRACTORS, INC FOR IMPROVEMENTS TO CRESTWOOD DRIVE & WILLIAMS ROAD 2

3 WHEREAS, the Township Committee of the Township of Chatham awarded a contract to the lowest responsible bidder, AJM Contractors, Inc., with address at 300Kuller Road, Clifton, NJ for improvements to Crestwood Drive & Williams Road in the amount of $134,152.75; WHEREAS, the final as-built cost of the project is $102,655.71, $31, less than the amended Contract amount; WHEREAS, the Contractor (AJM Contractors, Inc) has received prior payments totaling $94, Final payment due to the Contractor is $8, NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Chatham, County of Morris, State of New Jersey that it hereby approves a Contract reduction of $31, to reflect the as-built cost of the Crestwood Drive & Williams Road Improvements project. RESOLUTION RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CHATHAM, COUNTY OF MORRIS, STATE OF NEW JERSEY APPROVING ONE-DAY SPECIAL PERMIT FOR LIQUOR LICENSE BE IT RESOLVED by the Township Committee of the Township of Chatham that the following permit for a One-Day Liquor License is hereby approved: Name of Organization Dates of Social Affair Place where Affair will be held Chatham Day School November 15, 2014 Chatham Day School 700 Shunpike Road Chatham, NJ RESOLUTION CHATHAM AUTHORIZING MUNICIPAL SERVICES REIMBURSEMENT AGREEMENT WITH ROSE VALLE CONDOMINIUM ASSOCIATION, INC. BE IT RESOLVED by the Township Committee of the Township of Chatham in the County of Morris, State of New Jersey, as follows: 1. The Mayor is hereby authorized to execute and the Township Clerk to attest to a Municipal Services Reimbursement Agreement with the Rose Valle Condominium Association Inc. A copy of this agreement will be kept on file in the Office of the Township Clerk. Deputy Mayor Ritter inquired about a failed fire inspection at Chatham High School. In reference to the report from the dog licensing official, Deputy Mayor Ritter also suggested that dog owners be asked to keep an eye out for suspicious activity when walking their pets. Committeewoman Abbott asked about the change order for AJM Contractors. Engineer Ruschke said that there was a dispute over some of the work done by the contractor, and a third party had to be hired to complete the job. This change order reduces the contract to account for the amount that the Township had to pay the other contractor. The change order also authorizes the final payment of $8,500 to close out the project. Committeewoman Abbott asked about the procedure for paying contractors. Administrator Ciccarone said that during the course of a project, the contractors submit requests for payment, which prompts an inspection from Engineer Ruschke to see if the work for which payment has been requested was completed. Mayor Sullivan asked if the reimbursement for the Rose Valle Condo Association would be a one-time reimbursement. Administrator Ciccarone said that the agreement would be for ongoing reimbursements for services. Committeeman Brower moved to approve the Consent Agenda. Deputy Mayor Ritter seconded the motion. 3

4 Roll call: Committeewoman Abbott, Aye; Committeeman Gallop, Absent; Committeeman Brower, Aye; Deputy Mayor Ritter, Aye; Mayor Sullivan, Aye. Discussion Chatham Education Foundation Trivia Night Administrator Ciccarone said that the Chatham Education Foundation is planning to hold a Trivia Night, and has requested to use the gym at the Municipal Building as one of the sites for the event. As they have requested to be able to have alcohol present as a BYOB event, Administrator Ciccarone said that he thought that the Township Committee should be aware of the event before approval is granted, and he asked if they consent to said event. A social affair permit is not required, as alcohol will not be sold at the event. The Committee gave their approval for the event. Hearing of Citizens/Petitions Mayor Sullivan opened the Hearing of Citizens. Seeing no comment, Mayor Sullivan closed the Hearing of Citizens. Engineer s Report Engineer Ruschke said that he sought quotes from vendors to see how much it would cost to reserve use of a generator, and two quotes were received. The first came in at $7000 per month with a three month minimum, and the second was for $4000 with a 7 month minimum. Engineer Ruschke added that the cost to reserve a generator is not substantially less than what it would cost to actually rent one. Committeeman Gallop asked when the generator currently at the wastewater treatment plant is anticipated to be available for use at the Municipal Building. Engineer Ruschke said that it should be available at the end of December or beginning of January. Committeeman Gallop noted that there would likely be advance warning if a Sandy-like storm were coming and the need for a generator would be necessary. Mayor Sullivan commented on changes made by JCP&L in response to Hurricane Sandy. Engineer Ruschke further reported that a large air compressor at WPC1 needs to be replaced, and he has requested a change order quote from the contractor who is working on the sewer project. He has also contacted the New Jersey Infrastructure Trust to see if they would accept this change order under the low interest loan. The change order would be for $116,000 and will likely be on the agenda for the next Township Committee meeting. Other Business Administrator Ciccarone said that Mel Reinhart passed away in June, and in his will he has bequeathed $10,000 to the Chatham Township Police Department. Committeeman Gallop reported that the Open Space Committee will be walking the portion of the Averett Property owned by the Township to see if there are any potential walking trails. Administrator Ciccarone added that the Township made its presentation to the County for the application for open space funds, and there was a good dialogue. The Township anticipates that a decision will be made public in mid-november. Mayor Sullivan noted that Open Space Committee Chairman Joe Basralian also spoke on behalf of the Township at the County s meeting. Executive Session RESOLUTION 2014-P-17 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CHATHAM IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING CONFERENCE OF THE TOWNSHIP COMMITTEE WITH THE PUBLIC EXCLUDED 4

5 WHEREAS, N.J.S.A. 10:4-12 of the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, the Township Committee of the Township of Chatham is of the opinion that such circumstances presently exist. NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Chatham, County of Morris, State of New Jersey, as follows: 1. The public shall be excluded from discussion of the specified subject matter. 2. The general nature of the subject matter to be discussed is as follows: a. Property acquisition or investment options: Giralda Farms Property (Block 142, Lot 1 & Block 141, Lots 7, 8 & 9.04) b. Pending or anticipated litigation: Rieck v. Township of Chatham c. Pending or anticipated litigation: Paff v. Township of Chatham et al 3. It is anticipated that the minutes on the subject matter of the Executive Session will be made public upon conclusion of the matter under discussion; and in any event, when appropriate pursuant to N.J.S.A. 10:4-7 and The Committee will come back into Regular Session and may take further action. 5. This Resolution shall take effect immediately. Mayor Sullivan announced that the Township Committee would be taking action following the Executive Session. Committeeman Brower moved to pass Resolution 2014-P-17 to enter Executive Session at 8:07 PM. Committeewoman Abbott seconded the motion. Roll call: Committeewoman Abbott, Aye; Committeeman Gallop, Aye; Committeeman Brower, Aye; Deputy Mayor Ritter, Aye; Mayor Sullivan, Aye. The Township Committee returned to public session at 9:04 PM RESOLUTION CHATHAM DENYING REQUEST FOR INDEMNIFICATION WHEREAS, in the Paff v. Township of Chatham litigation, the Superior Court of New Jersey, on its own motion, ordered that Michael Giannone be made a party defendant; and WHEREAS, Mr. Giannone, a former Township employee, requested that the Township defend and indemnify him in that litigation; and WHEREAS, the Township Committee finds that the litigation does not arise from an act or omission within Mr. Giannone s scope of employment and does not arise out of and directly related to the lawful exercise of police powers in the furtherance of his official duties. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chatham, County of Morris, State of New Jersey, that the request of Michael Giannone to be indemnified in the Paff v. Township of Chatham litigation is denied because that litigation is not related to Mr. Giannone s scope of employment or arise out of and directly related to the lawful exercise of police powers in furtherance of his official duties. This Resolution shall take effect immediately and the Township Attorney is hereby directed to advise Mr. Giannone of this action. Attorney Cruz read the above resolution aloud. Committeeman Brower moved to pass Resolution Deputy Mayor Ritter seconded the motion. 5

6 Roll call: Committeewoman Abbott, Aye; Committeeman Gallop, Aye; Committeeman Brower, Aye; Deputy Mayor Ritter, Aye; Mayor Sullivan, Aye. Committeeman Brower moved to adjourn at 9:06 PM. Deputy Mayor Ritter seconded the motion, and it carried unanimously. Gregory J. LaConte Township Clerk 6