borough of mount arlington ·  · 2018-01-28borough of mount arlington council meeting minutes...

24
C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc BOROUGH OF MOUNT ARLINGTON COUNCIL MEETING MINUTES FEBRUARY 9, 2004 1. Call to Order 2. Adequate notice of this meeting of the Borough Council of the Borough of Mount Arlington was given as required by the Open Meetings Act as follows: Notice was published in the Roxbury Register and the Daily Record on January 15, 2004; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 6, 2004. 3. Flag Salute 4. Roll Call Councilman Kincaid, Councilwoman Mulligan, Councilman Driscoll, Councilman Sorge, Council President Cerasoli, Mayor Ondish. JoAnne Sendler, Borough Administrator, and Joseph Bell, Borough Attorney, were also present. 5. Councilman Resignation Mayor Ondish read a letter of resignation from Councilman Jay Brzezanski into the record. The Mayor expressed his regret for the resignation and stated that he would like to have a plaque made and presented to Councilman Brzezanski, especially for his many years of service on the Land Use Board. Motion to Accept the Resignation: Councilman Sorge. Second: Council President Cerasoli. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli. Motion Approved. Motion to Go to the Agenda Amendment: Councilman Driscoll. Second: Councilman Kincaid. All in Favor – Aye; None Opposed. Motion Approved. ------------------------------- a. Letter from Republican Municipal Committee of the Republican County Committee of Morris County to Borough Clerk, dated February 9, 2004, regarding Candidates for Council Seat Vacancy. Mayor Ondish read the letter into the record, listing the three candidates - William T. Doran, Donald Davis, and Frank D. Hughes. The Mayor explained to the Public that the Council will go into Closed Session to discuss and vote on the candidates presented. Motion to Go Into Executive Session Motion to Go Into Executive Session: Councilman Kincaid. Second: Councilwoman Mulligan. All in Favor – Aye; None Opposed. Motion Approved. Motion to Return to Open Session Motion to Return to Open Session: Councilman Kincaid. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved. The Mayor thanked the members of the County Committee for their prompt assistance in the candidate selection process. The Mayor stated that he appreciated the interest of those wanting to be involved with Council and said the Council had a difficult decision to make.

Upload: ngotuong

Post on 16-Apr-2018

217 views

Category:

Documents


4 download

TRANSCRIPT

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

BOROUGH OF MOUNT ARLINGTON COUNCIL MEETING MINUTES

FEBRUARY 9, 2004 1. Call to Order 2. Adequate notice of this meeting of the Borough Council of the Borough of Mount Arlington

was given as required by the Open Meetings Act as follows: Notice was published in the Roxbury Register and the Daily Record on January 15, 2004; notice was posted on the bulletin board in the main

hallway of the Municipal Building on January 6, 2004. 3. Flag Salute 4. Roll Call

Councilman Kincaid, Councilwoman Mulligan, Councilman Driscoll, Councilman Sorge, Council President Cerasoli, Mayor Ondish. JoAnne Sendler, Borough Administrator, and Joseph Bell, Borough Attorney, were also present.

5. Councilman Resignation

Mayor Ondish read a letter of resignation from Councilman Jay Brzezanski into the record. The Mayor expressed his regret for the resignation and stated that he would like to have a plaque made and presented to Councilman Brzezanski, especially for his many years of service on the Land Use Board.

Motion to Accept the Resignation: Councilman Sorge. Second: Council President Cerasoli. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli. Motion Approved. Motion to Go to the Agenda Amendment: Councilman Driscoll. Second: Councilman Kincaid. All in Favor – Aye; None Opposed. Motion Approved. -------------------------------

a. Letter from Republican Municipal Committee of the Republican County Committee of Morris County to Borough Clerk, dated February 9, 2004, regarding Candidates for Council Seat Vacancy. Mayor Ondish read the letter into the record, listing the three candidates - William T. Doran, Donald Davis, and Frank D. Hughes. The Mayor explained to the Public that the Council will go into Closed Session to discuss and vote on the candidates presented.

Motion to Go Into Executive Session Motion to Go Into Executive Session: Councilman Kincaid. Second: Councilwoman Mulligan. All in Favor – Aye; None Opposed. Motion Approved. Motion to Return to Open Session Motion to Return to Open Session: Councilman Kincaid. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved.

The Mayor thanked the members of the County Committee for their prompt assistance in the candidate selection process. The Mayor stated that he appreciated the interest of those wanting to be involved with Council and said the Council had a difficult decision to make.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Motion to Appoint William T. Doran as Councilman: Councilman Kincaid. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved. William T. Doran took his Oath of Office, administered by Joseph Bell, and took his seat on

the dais. Councilman Doran received a round of applause and welcome from all Council members.

Roll Call of New 2004 Mount Arlington Borough Council: Councilman Kincaid, Councilwoman Mulligan, Councilman Driscoll, Councilman Sorge,

Council President Cerasoli, Councilman Doran, Mayor Ondish. 11. Ordinances – Introduction 03-04 BOND ORDINANCE AMENDING AND SUPPLEMENTING BOND ORDINANCE

NO. 13-03 ADOPTED MAY 12, 2003 TO INCREASE THE APPROPRIATION AND BONDS AND/OR NOTES AUTHORIZED FOR THE PROJECT SET FORTH THERE IN, AND TO INCREASE THE TOTAL APPROPRIATION TO $1,170,000 THEREFOR AND TO INCREASE THE AUTHORIZED ISSUANCE OF BONDS AND/OR NOTES OF THE BOROUGH TO $681,000.

The Mayor read Ordinance #03-04 by title. Councilman Sorge stated, I move that Ordinance #03-04 be introduced by title

and passed on First Reading and that a meeting be held on March 8, 2004 at 7:00 p.m. at the Municipal Building, 419 Howard Boulevard, Mount Arlington, NJ for a Public Hearing, consideration of Second Reading and Passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law.

Second: Councilman Driscoll. No further Council discussion. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran –

Abstain. Motion Approved. 13. Motions: - Civic Center Rental:

- Steve Lardiere, Mount Arlington Softball Program, for Softball Sign-ups on February 22, 2004, 1:00 p.m. to 3:00 p.m., and February 28, 2004, 9:00 a.m. to 11:00 a.m. (Approval to Waive Fee)

Motion to Approve with Fee Waiver: Councilwoman Mulligan. Second: Council President Cerasoli.

Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved.

Motion to Return to Regular Agenda: Councilwoman Mulligan. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved. ------------------------------- 6. Presentations

- Proclamation Endorsing Celebration of New Jersey Education Association Read Across America on March 2, 2004.

Mayor Ondish read the Proclamation into the record.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

7. Approval of Minutes - January 19, 2004 Regular Meeting Motion to Approve the Minutes: Council President Cerasoli. Second: Councilman Kincaid. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran – Abstain. Motion Approved. 8. Correspondence

1. Letter from William Robles to Carolyn Rinaldi, dated January 12, 2004, regarding Resignation from Land Use Board. Mayor Ondish read the letter into the record. Motion to Accept William Robles Resignation: Councilman Driscoll. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved. Mayor Ondish appointed Jack Chaplin to fill the Alternate seat on the Land Use Board. Motion to Approve Jack Chaplin’s Appointment: Councilman Kincaid. Second: Councilwoman Mulligan. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. 2. E-mail from Councilman Kincaid, dated February 1, 2004, regarding Sindoata Acoli Parole Hearing.

Councilman Kincaid stated that as Police liaison, he has gotten to know the members of our Police Department and as a citizen, we get to appreciate the job that they perform. Councilman Kincaid stated that after being introduced to this recent issue, he felt that Mount Arlington could make a statement as a community in regard to what we think of the parole of this individual. Councilman Kincaid read the e-mail into the record. Councilman Kincaid stated that as employers of police officers, as policy makers and elected officials, we should send a message to the Parole Board – thirty years for the murder of a State Trooper on the NJ Turnpike is unjust; possibly our statement will show that a Governing Body is paying attention. Mayor Ondish agreed with Councilman Kincaid and encouraged Council to be open minded and aware of the events outside of Mount Arlington and Morris County. The Mayor requested that if the Council chooses to pass a resolution on this matter, he would like it distributed to all the municipalities within Morris County. Council agreed that they were in agreement to pass a resolution but a petition would be inappropriate. Council President Cerasoli stated that it is only fitting that this resolution come from a municipality in Morris County because the Joanne Chesimard case was heard in Morristown and two Mount Arlington residents sat on that jury.

Resolution 2004-44 Resolution of the Mayor and Borough Council of the Borough of

Mount Arlington, County of Morris, New Jersey, Requesting that the New Jersey Parole Board Deny Parole for Sindoata Acoli.

Mayor Ondish read Resolution 2004-44 into the record. Motion to Approve: Councilman Kincaid. Second: Council President Cerasoli.

Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. Mayor Ondish thanked Councilman Kincaid for this efforts. The Mayor indicated to the Clerk that he would like a cover memorandum to accompany the mailing of this resolution.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

9. Open to Public - Frank Hughes, 436 Howard Boulevard:

Mr. Hughes wanted to extend a public apology to Councilman Kincaid; Mr. Hughes said he acted on information that was not totally accurate. Councilman Kincaid thanked Mr. Hughes but stated that an apology was unnecessary; Councilman Kincaid also thanked Mr. Hughes for his continual and extensive service to the Borough. Mr. Hughes stated that the Library Committee has met twice since January 30th. In October, they had met and made twenty-three recommendations and the plans sent back to the architect. Scott Levitt has gone over the plans and there were about four or five items that he was uncomfortable with, one of them being that they were not consistent with the changes made to the actual plan pages. The Committee met again with Vic Stigliano and Jack Richards and discussed that there was no fire suppression system in place. The plans should be back to the Committee shortly and will come before the Council for approval. The Committee is also working on a groundbreaking ceremony. Mayor Ondish indicated that the plans must go before the Land Use Board for a courtesy review. Mr. Hughes indicated that Jack Richards is anticipating that the Library will be one of the first buildings built but in order to do that, the current sales trailer will have to be moved. The Mayor thanked Mr. Hughes for the information and update.

The Mayor Closed the Meeting to the Public. 10. Resolutions 2004-34 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Supporting Senate Bill S-838 Which Would Prohibit Punitive Damage Awards Against Municipalities and Municipal Employees Acting Within the Scope of Authority.

Motion to Approve: Councilman Kincaid. Second: Council President Cerasoli. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. 2004-35 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Opposing the State’s Actions Concerning the “Property Tax Reimbursement Program”.

Motion to Approve: Councilman Sorge. Second: Council President Cerasoli. All in Favor – Aye; None Opposed. Motion Approved. 2004-36 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Approving a Change Order for the Schmitz Terrace Water Tank Replacement Contract. (Certification of Funds to be distributed at the meeting.)

Motion to Approve: Councilman Sorge. Second: Councilman Driscoll. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. 2004-37 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Amending the Temporary Budget. (Resolution distributed at the meeting.) Motion to Approve: Councilman Sorge. Second: Councilman Driscoll. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran –

Abstain. Motion Approved.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

2004-38 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Authorizing the Refund of a Cash Deposit in Connection with a Road Opening Permit. (Stewart)

2004-39 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, Authorizing the Refund of a Cash Deposit in Connection with a Road Opening Permit. (Ferrara)

2004-40 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, To Redeem a Third Party Tax Lien Certificate of Sale #3-96 for Property Known as Block 28 Lot 4. (Strategic Lien Services)

2004-41 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, To Redeem a Third Party Tax Lien Certificate of Sale #03-015 for Property Known as Block 96 Lot 11. (Rosenberg)

2004-42 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, To Credit Sewer Charges for Property Known as Block 14, Lot 10. (Kitchin)

2004-43 Resolution of the Mayor and Borough Council of the Borough of Mount Arlington,

in the County of Morris, State of New Jersey, For Refund of Tax Overpayment Due to Duplicate Payment Block 39, Lot 73. (Haubrich)

Resolution 2004-38 through Resolution 2004-43 Motion to Approve By Consent: Councilman Driscoll. Second: Councilman Kincaid. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran –

Abstain. Motion Approved. 11. Ordinances – Introduction None. 12. Ordinances – Second Reading

01-04 Ordinance of the Mayor and Borough Council of the Borough of Mount Arlington, in the County of Morris, State of New Jersey, Amending Section 4-21, Chapter 4, to Reflect the Abolishment of the Lake Hopatcong Regional Planning Board and the Creation of the Lake Hopatcong Commission Pursuant to P.L. 2000, C.175.

The Mayor opened the Hearing to the Public on Ordinance #01-04 and read the Ordinance by title. Mayor Closed the Hearing to the Public. Councilman Doran stated, I move for adoption and final passage of Ordinance #01-04. Second: Councilman Driscoll. No further Council discussion. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. The Mayor declared that Ordinance #01-04 is passed on second reading and directed the Clerk to publish the notice of adoption a required by law.

02-04 Ordinance of the Mayor and Borough Council of the Borough of Mount Arlington, in the County of Morris, State of New Jersey, Amending Chapter 165, Vehicles, Abandoned, of the Mount Arlington Code.

The Mayor opened the Hearing to the Public on Ordinance #02-04 and read the Ordinance by title.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Mayor Closed the Hearing to the Public. Councilman Kincaid stated, I move for adoption and final passage of Ordinance #02-04. Second: Councilwoman Mulligan. No further Council discussion. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran –

Abstain. The Mayor declared that Ordinance #02-04 is passed on second reading and directed the Clerk to publish the notice of adoption a required by law. 13. Motions: - Approval of Bills. Motion to Approve All Bills: Councilman Sorge. Second: Councilman Kincaid. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran – Abstain. Motion Approved. 14. Department Reports - Don Michelson, Captain, Rescue Squad. Captain Michelson distributed two reports for the months ending in December, 2003 and

January, 2004, and read the reports into the record. Captain Michelson stated that fourteen out of fifty-four calls were to 2 Hillside Drive in the month of January, 2004.

Captain Michelson stated that the Squad has been having problems with dispatch; the paging system was down and calls were going out for second request when they never received the first call out. Jefferson and Roxbury had to respond to one call each but the problem seems to have been alleviated.

Captain Michelson requested railings being installed by the side of the fire house; one of the EMT’s/Fireman took a fall attempting to get to the ambulance. Mayor Ondish requested JoAnne Sendler convey this to John Edwards as a priority.

Captain Michelson again requested signage at the old police building; the parking lot has at least two to four cars parked at all times. Councilman Driscoll indicated that the signs are on order and will be installed as soon as received. JoAnne Sendler indicated that we are still waiting for the Ordinance Amending Chapter 169 to be approved by the DOT; the Clerk stated that she has followed up with Chris Vetz of the County offices and Al Tourma of NJDOT in Trenton.

JoAnne Sendler stated that she had a conversation with Councilman Driscoll, John Edwards, Daren Phil, Sandy Nyari and JoAnne Sendler regarding the condition of the old police building/new Rescue Squad – they feel is very poor and that we should consider bringing in professionals because there are violations of codes, a bathroom situation, and this all needs to be looked at very carefully and planned and not by our DPW Department. Mayor Ondish said that this was brought to his attention and he suggested immediately bringing in professionals and getting this job done; JoAnne Sendler confirmed that there is money in our building fund to have this completed. JoAnne Sendler indicated that we might be able to use someone from Suburban Consulting if there is a qualified person on staff but Mayor Ondish said he suggested a structural engineer before the Rescue Squad gets comfortable in their new space. JoAnne Sendler indicated that Sandy Nyari inspected the building on his very first day but it was put together by the Police at that time and when he inspected it, nothing was where it was supposed to be and Mr. Nyari was questioned by the State; the Police lived with the situation but now, everything must be corrected.

Motion to Hire a Professional to Evaluate and Prepare an Estimate to Bring the Old

Police Building up to Code and Move Expeditiously: Councilman Driscoll. Second: Councilman Doran. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. - John Morsch, Chief, Fire Department. Chief Morsch distributed the monthly report for January, 2004 and read the report into the

record.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Chief Morsch concurred with Captain Michelson regarding the problems with calls, some calls going out five times before actually coming over the air. Chief Morsch indicated that the Morris County Sheriff’s Office is accountable for this problem and he has been in contact with Sergeant Strelick at the County to try to figure out the problems and what is being done to resolve them. Chief Morsch said the problems have ceased for now but will continually follow up with the County. Councilman Driscoll asked Chief Morsch to describe the present situation with the pagers and radios. Chief Morsch stated that the current radio system is a low band system and cannot communicate in or out of the buildings in any of the valleys in the Borough. Chief Morsch said that he has been with the Company for fifteen years and the trucks have had the same radios; the walkie-talkies are about six/seven years old, the pagers are about ten/twelve years old. Councilman Driscoll stated that he remembered the meeting wherein Chief Morsch and John from Royal Communications discussed an alternative plan to get onto the County system. JoAnne Sendler indicated that we started to put money aside for this three years ago and now have $150,000 towards that. Councilman Driscoll stated that this would not be enough to cover getting into the County system at this time. Councilman Driscoll said that Royal had suggested the alternative of maintaining the low band to the County for the dispatch but use local high band, that would go through repeaters, in the trucks. Councilman Driscoll stated that this sounded like a good solution because the dollars are a lot less than getting onto this County system but he was concerned because we had been putting money aside for the County system. Councilman Driscoll spoke to Tom Zellman at County and when they go to their digital trunking system, will they discontinue using a low band and he said no because of the national defense issues going on – the low band would remain in place. Tom Zellman did express that no one is on right now, they are just completing the sixth tower for the repeater system – the Sheriff will go on first and make the evaluation of who will follow, depending on usage; even then, there are no guarantees as to when we would get on their system. Councilman Driscoll stated that he was concerned about the high band frequencies, splinter frequencies, would go up against business bands and sometimes they are noisy; Royal indicated that the equipment we are looking at would eliminate that problem, there would not be a lot of cross noise. Councilman Driscoll said it does not seem that there would be a problem with the County but it seems that we are breaking from what we were saving for, to go with the County system. Chief Morsch said we would maintain our low band frequency. JoAnne Sendler asked that if we do purchase in six/seven months when the others are available for $1,700, are they also the ones that can make the conversion and Councilman Driscoll said they are considered trunkable and can work under the system we are considering now but if two/three years from now we go onto the County system, those radios can be switched over to work on the trunking system for the County. Councilman Driscoll indicated that there is quite a significant difference in price and that apparently the Royal system will continue to tone out the pagers that low band no matter what – the pagers will always be dispatched on low band. Councilman Driscoll distributed a quote from Atlantic Communications which included having the three main trucks updated with new radios and repeaters and have twelve hand-held radios, four additional radios to be installed in the officers cars and all new pagers, totaling $37,616.00. Also, Councilman Driscoll submitted a quote from Atlantic for activating the sirens. Chief Morsch said that it is very difficult to get parts for the plectrons – they must be tuned every six months. Councilman Driscoll agreed with Chief Morsch that we would do the Rescue Squad and Fire Department at one time. Councilman Driscoll stated that we are going to do a major change in communications, whether it be with the County or not, and even though the quotes are a lot less expensive, this is not what has been discussed over the last three years. Chief Morsch said that maintaining the low band will enable them to communicate with Roxbury, Jefferson, etc. but with the new County system, the call is made digital and sent out on a different frequency; Chief Morsch stated that Royal indicated that as long as they are in range with one of their trucks, they should have no problem with transmitting. The Mayor confirmed with Chief Morsch that if the Council spends the dollar amount on the quote, the Fire Department would have a system that is adequate for safety and communication with other towns. Councilman Driscoll said that the quote submitted did not include the Rescue Squad pagers. Captain Michelson said that Council had authorized ten pagers but he had asked for an additional ten to have back up; Councilman Driscoll will obtain the price quote. Chief Morsch stated that this system will not be made obsolete with the County system in the future because we will still be able to dispatch with the low band. JoAnne Sendler indicated that

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

she would discuss this with CFO Allan Dickinson and that the wording of the reserve could be such that we can immediately make this purchase with Council approval. Mayor Ondish thanked Councilman Driscoll for his efforts. Councilman Doran asked if the hand held units had been tested and Captain Michelson confirmed that they have been tested.

Motion to Authorize the Expenditure of $37,616.00: Councilman Sorge. Second: Councilwoman Mulligan. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved.

Chief Morsch indicated that the Fire Department has an ice rescue rescheduled for the Winter Carnival on February 21st.

The Mayor expressed concern to the Council, Rescue Squad and Fire Department that any letters that go out to the residents should go through the Mayor and Council for approval prior to mailing; the Mayor said more eyes would ensure no mistakes or issues that may be taken in a negative way. There was a mistake on a recent collection letter that went out by the Fire Department and though the Mayor feels it was clearly a mistake with no negative intent, he wants to ensure that anything going to the residents is reviewed and approved by Council; this procedure is followed with Special Events and other committees, as well. Councilman Kincaid said that this procedure should be presented to the members of the Board of Trustees of the Fire Department but Chief Morsch said that he would bring the message to the general membership; Mayor Ondish emphasized that if there was any problem with the procedure, he would like to be notified immediately. Captain Michelson stated that any membership mailings come out of their budget and he agrees with the procedure of Council approval but any actual donation letters are paid for by the individual departments. Mayor Ondish reiterated that Council should review letters so that we are all on the same page and no one is offended by material being mailed. Sue Stevens of the Rescue Squad stated that the recent Fire Department letter was blatantly wrong; Mayor Ondish agreed that with review, it could have been avoided and wants to prevent this type of error in the future. Mayor Ondish stated that communication in the Borough is much better than the past and wants to continue and improve on this. Mayor Ondish stated that every department in the Borough will follow the same procedure. JoAnne Sendler indicated that she will discuss this with Nancy Gage regarding adding this into the Policy and Procedure Manual. Mayor Ondish stated to Captain Michelson that the Council funds their budget to have them exist and Joseph Bell agreed that it is a courtesy that mailings should go to Council before going to the public. Mayor Ondish emphasized that this is not an act of control, it is an act of clearer communication. Councilman Driscoll submitted a letter that was hand delivered to him at the meeting. The letter was from Rick Wahlers of the Fire Department, dated February 5, 2004, regarding upcoming annual road collection dates. Mayor Ondish stated that he did not understand this letter as Council had agreed to discontinue all road collections. Chief Morsch was unaware of this letter and said it came from the Board of Trustees. Mayor Ondish will prepare a response letter to Rick Wahlers. Mayor Ondish thanked Chief Morsch and Capitan Michelson for their reports and time this evening and for their service to the community.

15. Mayor’s Report

Mayor Ondish thanked Council President Cerasoli for taking care of matters while he was out of town for a couple of weeks. Mayor Ondish stated that while in New Zealand, he observed some of the local government procedures, which are similar to ours. Mayor Ondish thanked Councilman Kincaid for the Martin Luther King, Jr. Observance at the January 19th Council meeting while he was away. Councilman Kincaid stated that the thanks should go to Council members and numerous other volunteers who helped to make the event a success. Councilman Kincaid said that he recently sat Shiva for Judge Miniman’s mother and while at the Shiva, he received many comments from officials of neighboring towns congratulating the Borough on our special events. Councilman Kincaid indicated that most towns, even though larger in size, do not have the spirit that Mount

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Arlington exhibits. Mayor Ondish agreed and stated that he always addresses these wonderful events in his Newsletter article. Mayor Ondish mentioned that Channel 2 was in the Borough while he was away and we had the best plowed roads; credit to John Edwards and DPW. Mayor Ondish stated that he performed a wedding right before he left on vacation and has a few scheduled for the next couple of months.

Mayor Ondish extended a welcome to Councilman Doran. The Mayor mentioned the attorney letter, which was included in the Communications Packet, regarding the Wright property. JoAnne Sendler said that she had met with Nancy Gage on Thursday and this was very good news. Mayor Ondish stated that he had a Mayor’s meeting on Saturday, February 7th with Mayor Vickery of Roxbury and Mayor Hodson of Hopatcong; Mayor Felter of Jefferson and members of the Lake Commission did not attend. The Mayor’s want to help the Commission in getting recognition of their efforts and let the public know the activities of the Commission, as well as work with the State in trying to find funding. The Mayor’s will meet again shortly with Mayor Felter. The Mayor’s want to address the wake issue with the State Police and possibly put No Wake floats on the lake. Mayor Ondish invited Councilman Doran to attend the upcoming Mayor’s meeting. Mayor Ondish invited the Lake Commission to be part of our Memorial Day Parade, trying to assist in recognition of this organization. Mayor Ondish stated that the Lake Hopatcong Commission employees are free to give us a hand from the months of March to April – free labor, the Commission will pay them. They are looking at using the Morris County vacuum truck to help clean out our storm drains or actually refurbishing some storm drains – if we pay for materials, the labor is free, the Commission will pay the insurance, health benefits, etc. John Edwards will be on site for this work but Mayor Ondish will be in direct contact with the Commission for more information. Mayor Ondish also thanked the Commission for their assistance during the recent draw-down clean-up. Prior to his vacation, Mayor Ondish met with five other Mayor’s from neighboring towns. They discussed the stormwater run-off regulations, among other common issues, and will meet again shortly.

16. Borough Administrator’s Discussion

JoAnne Sendler indicated that she again received communication from Extell and asked that the Technology Committee review this. JoAnne Sendler referred to a letter from the Mount Arlington School District to Linda DeSantis, dated January 30, 2004, wherein they requested the use of the Court Room in May for a mock trial by the first graders of Edith Decker School. Council agreed to allow the use of the Court Room; Mayor Ondish indicated any day in May except for May 10th when we have a regularly scheduled Council meeting at 10:00 a.m. The Clerk will respond to the school. JoAnne Sendler stated that in the past we started to address a noise ordinance. Chief Peterson has put together some rules and regulations and a model ordinance. Joseph Bell questioned if we have the equipment to monitor the noise and the people certified by the State of New Jersey to administer the noise leveling program because if we do not, it does not make sense to go further in preparing this ordinance. Mayor Ondish stated that the only noise issue that he has been approached about is the emergency siren. JoAnne Sendler stated that this issue first surfaced over local construction. Councilman Driscoll stated that with monitoring decibel sound, we need to have special equipment that records it and someone to enforce. Joseph Bell suggested that we contact Rockaway Township where they have certified officers through the Department of Health that could possibly help us if we have a problem. Council President indicated that the school might have a type of noise equipment. Joseph Bell suggested that we contact Rockaway Township prior to preparing an ordinance. Council President Cerasoli indicated that we are primarily concerned with a resident, for instance, that mows his lawn at 7 a.m., etc. Joseph Bell indicated that that type activity can be enforced by a Police Officer. JoAnne Sendler referred to an e-mail she received from Daren Phil regarding one of the MSA Commissioners, John McGrath, who recently had a heart and kidney transplant. Daren Phil indicated that Mr. McGrath has been a great friend to us on the MSA and requested we send a small plant as a get well gesture. Councilman Doran questioned if this was precedent in the Borough because in business, it could be dangerous. Council agreed to send a plant;

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Councilman Doran stated that under the circumstances of being new, he will not take issue with this but might possibly down the road. JoAnne Sendler stated that the Special Events Committee is in the final stages of organizing an Egg Hunt and they would like Council approval. The Hunt would be in conjunction with the Marriott on the Saturday before Easter, on the Marriott property; the Marriott is going to host a breakfast – adults, $9.95, children under twelve, half price. The Egg Hunt, which is entirely a Mount Arlington Spring Egg Hunt is free of charges and the breakfast is not mandatory. Joseph Bell suggested Chief Peterson and Rich Allocca of JIF give approval. JoAnne Sendler indicated that since this will be held on Marriott property, they need to give the Borough a Certificate of Insurance as additionally insured; she will confirm this with Rich Allocca. Joseph Bell suggested that we also have a Hold Harmless clause and requested JoAnne Sendler to check this with Rich Allocca as well.

Motion to Approve the Egg Hunt Subject to Approval by Chief Peterson and our Risk Manager Rich Allocca: Council President Cerasoli.

Second: Councilman Kincaid. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. JoAnne Sendler stated that she has a letter from Victoria Kurilko regarding a seed ball dispersal project; they are native plants for forgotten places. Ms. Kurilko has outlined an area on our map, mostly across the street from Mount Arlington Public School, where she would like to throw the seed balls. JoAnne Sendler stated that we did previously discuss what we would allow done on Borough property. Mayor Ondish stated that this a County road; Joseph Bell stated that it is a County right-a-way but Borough property. JoAnne Sendler stated that we need to create a policy for this type of request; JoAnne thought that the SLAP program maintains that land. Councilman Doran indicated that he felt we should not allow anyone to throw anything on Borough property; the items to be thrown are uninspected, unapproved, unknown and we cannot authorize this procedure. JoAnne Sendler stated that this type of request will be included in the Council’s Communications packets but questioned the Clerk’s obligations to respond. Mayor Ondish stated that when Linda receives this type of request, she should respond by saying the Borough does not allow this type of activity. JoAnne Sendler stated that we still have a question on the fire trucks we had put up for auction. Councilman Kincaid questioned if we want to take the $250 and $500 offered for the two trucks or, donate both trucks to Argentina through the Rotary Club International. Councilman Driscoll stated that from the Borough’s point of view, it would be better if we donated the trucks provided there was no cost to the Borough. Both Mayor Ondish and Joseph Bell questioned if there was anywhere in the USA that could utilize these trucks. Councilman Kincaid stated that these trucks do not meet NFPA standards so they are not safe for any fire department in the United States. Councilman Kincaid will invite the representative from the Rotary International to attend the Council meeting on February 23rd. Councilman Kincaid stated that he will follow-up and distribute information to Council regarding the Senior Prescription Drug Program. JoAnne Sendler indicated that some of the residents of COAH/Mount Laurel units at Seasons Glen have taken exception to the new assessed values. The residents have spoken with Jack Marchione and the taxes will stay just about identical but this was really an issue. The residents need to give Mr. Marchione State certification of the units. Councilwoman Mulligan stated that the County will be reviewing all units in town as there have been some alleged violation of deeds. Joseph Bell indicated that homeowners are selling these units on the open market, which is in violation of the State agreements. JoAnne Sendler stated that the Budget is almost completed. Councilman Doran will be on the Finance Committee and JoAnne will meet with the three Council members this week, hoping to introduce the Budget at the next Council meeting.

Mayor Ondish stated that in the Newsletter, regarding the Welcome to Mount Arlington sign, he has a concern that Ferrara is not mentioned; he would like to have him mentioned in some way, possibly saying that his sign is nice and we may choose to use it somewhere else in town, etc. Councilwoman Mulligan questioned why we would even entertain this as Ferrara is not even a Mount Arlington resident taxpayer. Mayor Ondish stated that the business is in Mount Arlington and the sign was donated to the town, so it is our sign. The Mayor explained

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

that Mr. Ferrara donated this sign and when we chose to put another sign up, he was offended that we were not using his. The Mayor stated that there is a possibility to use it somewhere else and Council had some suggestions; the Mayor just does not want to ignore Mr. Ferrara’s gesture. Council suggested sending a letter but the Mayor said that this was in the newspapers when he donated the sign, it was not a quiet gesture. Councilwoman Mulligan stated that she does not understand why as a Council we would go to Mr. Ferrara and ask his permission as to what to do with the sign. The Mayor said that his sign was the official Welcome to Mount Arlington sign and we just ignored it and put up a new one. The Mayor stated that he just wants to do something to be respectful to this long time resident due to his past donation. The Mayor requested adding something into the present Newsletter article or taking the article out all together. Councilman Kincaid stated that he felt a letter to Mr. Ferrara would be sufficient; a Newsletter article would create more of a problem. Council President Cerasoli stated that the fact that the new sign will have a light, a flag and a garden, will be there for everyone to see whereas Mr. Ferrara’s sign is not visible; actually, Council President Cerasoli said that she never knew that sign was there. The Mayor indicated that he will add something in the Mayor’s Newsletter article and handle it that way. The Mayor said also that Atkins should be mentioned as donating the new sign. Councilwoman Mulligan stated that Atkins prefers not to be mentioned; it has been known at public meetings that they are the people donating it and the appropriate time to mention them would be upon completion; Councilwoman Mulligan confirmed that they do not want to be mentioned. Council President Cerasoli stated that they wanted to put a nameplate on the bottom of the new sign and Atkins declined. The Mayor stressed that he is not against the new sign, he just wants to respect the past donation. Councilwoman Mulligan stated that there are a lot of misconceptions in town, such as the sign was put up for the residents of Seasons Glen, which is absolutely not true. Councilwoman Mulligan said that the Newsletter article explains why the location was chosen, the plans for the other entrances to town, etc. The Mayor indicated that the new sign all started when we wanted to notify residents of what was going on in town, that that location was the best in town.

Former Mayor Johanna LoPonte was present in the audience and asked Council about Councilman Doran’s involvement on the Land Use Board. Mayor Ondish explained that Councilman Doran will tender his resignation to the Land Use Board at their meeting on Wednesday, now that he has taken the Oath as Council member.

17. Motion to go into Executive Session Motion to go Into Executive Session: Councilman Driscoll. Second: Councilman Sorge. All in Favor – Aye; None Opposed. Motion Approved. Motion to Return to Open Session: Councilman Driscoll. Second: Councilman Kincaid. All in Favor – Aye; None Opposed. Motion Approved. Motion to Approve the Use of the County for our Local Assistance: Councilman Sorge. Second: Councilman Doran. Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved.

JoAnne Sendler requested getting the process in place prior to sending a letter to Charlotte Wilson.

Resolution 2004-43 Resolution of the Mayor and Council of the Borough of Mount Arlington, County

of Morris, State of New Jersey, Hiring Carolyn Rinaldi as Full-Time Construction Department Control Person.

C:\Documents and Settings\Administrator\My Documents\Linda DeSantis Folder\minutes-2004\020904 minutes.doc

Motion to Approve: Councilman Kincaid. Second: Councilman Sorge.

Roll Call: Kincaid, Mulligan, Driscoll, Sorge, Council President Cerasoli, Doran. Motion Approved. Joseph Bell indicated that JoAnne Sendler should stipulate to Carolyn Rinaldi that even

though the Borough is going to provide her with the course (Clerk), she will stay with the Borough for a certain period of time. JoAnne Sendler indicated that everyone that signed the Policy Manual has agreed to this but Joseph Bell requested JoAnne reiterate same with Ms. Rinaldi.

Mayor Ondish stated that Frank Hughes has accepted a position on the Land Use Board. Mr.

Hughes will be the alternate and the most senior alternate will move up to Councilman’s Doran spot.

Joseph Bell recited a resignation for Councilman Doran, resigning from the Land Use Board

due to his becoming a member of Council.

Motion to Accept Councilman Doran’s Resignation from the Land Use Board: Councilman Kincaid. Second: Councilman Sorge. All in Favor – Aye; None Opposed. Motion Approved. Motion to Appoint Frank Hughes as Alternate Member of the Land Use Board: Councilman Driscoll. Second: Councilman Mulligan. All in Favor – Aye; None Opposed. Motion Approved.

18. Council Discussion None. 19. Adjourn Motion to Adjourn: Councilman Sorge. Second: Councilman Driscoll. All in Favor – Aye; None Opposed. Motion Approved. ________________________________ Linda DeSantis, RMC Borough Clerk Minutes Approved At Council Meeting of February 23, 2004.