BOROUGH OF BERNARDSVILLE BOROUGH COUNCIL MEETING MINUTES February 24, 2003

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1 BOROUGH OF BERNARDSVILLE BOROUGH COUNCIL MEETING MINUTES February 24, 2003 A meeting of the Borough Council was called to order by Mayor James Williams at 7:30 p.m. on Monday, February 24,2003, in the Borough Hall. Present were Council Members Lee C. Honecker, Vivian McMillen, Joseph Rossi, and Helen Walton. Also present were John R. Pidgeon, Borough Attorney, Ralph A. Maresca, Jr., Administrator/C.M.F.O., and Sandra Jones, Borough Clerk/Assistant Administrator. Marie C. Flynn and Mikael Salovaara were absent. STATEMENT OF PRESIDING OFFICER Mayor Williams announced that notice of this meeting was provided to the Bernardsville News, Courier News and the Star Ledger, filed with the Municipal Clerk and posted on the Municipal Bulletin Board on January 6, The group pledged allegiance to the flag of the U.S. PRESENTATIONS Mayor Williams spoke about the Scout program and how unusual it is for three individuals to achieve this rank in one year in a community the size of Bernardsville. The Mayor read resolutions honoring Eagle Scouts Matthew Paul Lutz, Matthew Paragano, and Charles Stone. APPROVAL OF MINUTES Mrs. Walton moved to accept the minutes of January 27 and February 10. Mrs. McMillen seconded and the motion was approved with four 'yes" votes. OPEN SESSION Mayor Williams opened the public session. Two residents in Chestnut Ridge spoke about the development, asking for additional landscaping enhancements on the residential side of the fence because they are concerned with the safety of their children. Gregg Lewis, 40 Chestnut Road, asked about the resolution on the agenda (#03-54) to accept improvements in the subdivision, and wondered if the developer could be compelled to do this additional planting? Timothy Hanlon, 41 Stirling Road, spoke on the same subject. Mr. Pidgeon explained that the developer has completed the improvements which were agreed upon before the Planning Board and is entitled to the reduction in the performance guarantee. Messrs. Lewis and Hanlon asked for the name and contact information for the President of Lakeview Industrial Park (old Quarry site). Mayor Williams closed the public session. ORDINANCES - Public Hearing Public hearing on Ordinance # was noticed in the Bernardsville News on February 6 th Mrs. McMillen moved to amend # , AN ORDINANCE DELINEATING AND REGULATING ENCROACHMENTS IN FLOODWAYS AND AREAS OF SPECIAL FLOOD HAZARD IN THE BOROUGH OF BERNARDSVILLE IN THE COUNTY OF SOMERSET, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS THEREIN CONTAINED AND FIXING PENALTIES FOR THE VIOLATION THEREOF AND SUPPLEMENTING AND AMENDING ARTICLE 14 OF THE BOROUGH LAND DEVELOPMENT REGULATIONS ENTITLED "ENVIRONMENTAL

2 2 REQUIREMENTS", to publish notice of said amendment, and continue the public hearing on the ordinance, as amended, until March 10, Mrs. Walton seconded. Mr. Pidgeon discussed the changes and the motion was approved with four "yes" votes. Mayor Williams opened the public hearing on Ordinance # There were no questions or comments from the public. The Mayor closed the public hearing. Mr. Honecker moved that this Ordinance, # , AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR BOROUGH PARKS AND RECREATION FIELDS AND SUPPLEMENTING AND AMENDING CHAPTER III OF THE BOROUGH CODE ENTITLED "POLICE REGULATIONS", be passed on final reading and adopted as published. Mrs. Walton seconded the motion which was approved upon the following call of the roll: Mayor Williams opened the public hearing on Ordinance # Mr. Orza, 59 Old Fort Road, presented a letter signed by eighteen Old Fort residents (Note: There are 30 houses on Old Fort), dated February 24,2003, asking to close off the road at the "Seney Drive end by the use of bollards". With the help of a traffic engineer, they provided a plan and copies of same were distributed. Others to speak on this subject were Dennis McConnell, 21 Old Fort, Scott Simon, 53 Old Fort, Michele Ray, 71 Old Fort, and Mrs. McConnell. It was agreed to refer the proposal to close the road to the Public Works and Public Safety Committees, and to study it, as well as other solutions, including sidewalks. Mayor Williams closed the public hearing. Mrs. Walton moved that # , AN ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON OLD FORT ROAD AND SUPPLEMENTING AND AMENDING CHAPTER VII OF THE BOROUGH CODE ENTITLED "TRAFFIC", be passed on final reading and adopted as published. Mrs. Mc Millen seconded the motion which was approved upon the following call of the roll: Mayor Williams opened the public hearing on Ordinance # Tom Clendenny, 45 Old Fort Road, believes some residents are not in favor of sidewalks, that they are not the solution and he questioned placement of the proposed stop sign. Marilyn Clendenny, 45 Old Fort Road, asked council to postpone a decision on this ordinance. Chief Valentine said that a study of Old Fort was BOROUGH COUNCIL MINUTES FEBRUARY 24, 2003 done, with the assistance of the D.O.T., and that their recommendation was the reduced speed, and the stop sign which would be provided by this ordinance. Mrs. Clendenny asked if she could be notified about placement of the sign. Mayor Williams closed the public hearing. Mrs. Walton moved # , AN ORDINANCE ESTABLISHING NEW STOP INTERSECTIONS ON OLD FORT ROAD AND SUPPLEMENTING AND AMENDING CHAPTER VII OF THE BOROUGH CODE ENTITLED "TRAFFIC", be passed on final reading and adopted as published. Mrs. Mc Millen seconded the motion which was approved upon the following call of the roll: ORDINANCE INTRODUCTION

3 3 Mrs. McMillen moved that ordinance # , AN ORDINANCE AMENDING THE 2003 SALARY ORDINANCE (# ) BY SETTING A SALARY RANGE FOR POLICE DISPATCHERS, be introduced by title, passed on first reading, published according to law, and that a public hearing be scheduled for a meeting beginning at 7:30 p.m., Monday, March 24, Mr. Rossi seconded and the motion was approved with four "yes" votes. RESOLUTIONS Consent Resolutions Mayor Williams asked if there were comments regarding the consent list? Mrs. McMillen recommended adding Professional Appraisal Associates and Reynolds Howard, Inc. to Resolution #03-56, which names three other firms. The group unanimously agreed to add two firms to the list. Mrs. McMillen moved adoption of Resolutions #03-45 to #03-52, and #03-54 to #03-61, as listed herein by title: #03-48 APPROVING AN ON-PREMISE RAFFLE APPLICATION FROM THE HOME AND SCHOOL ASSOCIATION OF SOMERSET HILLS #03-49 APPROVING AN OFF-PREMISE MERCHANDISE RAFFLE APPLICATION FROM THE WOMEN'S ASSOCIATION OF MORRISTOWN MEMORIAL HOSPITAL #03-50 AUTHORIZING TONNAGE GRANT APPLICATION #03-51 AUTHORIZING REFUNDS OF TAX OVERPAYMENTS BOROUGH COUNCIL MINUTES FEBRUARY 24, AUTHORIZING REFUND OF FEES PAID TO THE BOARD OF ADJUSTMENT #03-54 REDUCING PERFORMANCE GUARANTEE TO $7,500 AND ACCEPTING IMPROVEMENTS IN CHESTNUT RIDGE MAJOR SUBDIVISION #03-55 PROMOTING THOMAS PORTER TO WWTP OPERATOR TRAINEE GRADE 3 #03-56 RETAINING FIVE APPRAISERS TO BE USED ON AN AS-NEEDED BASIS #03-57 REGARDING MTBE, A GASOLINE ADDITIVE #03-58 ACCEPTING MONTHLY REPORTS #03-59 AUTHORIZING PAYMENT OF BILLS #03-60 ADOPTING SUPPLEMENTAL PARK RULES AND REGULATIONS #03-61 AUTHORIZING TRANSFER OF FUNDS Mrs. Walton seconded the motion to adopt and a call of the roll followed: Other Resolutions Resolution #03-53, and the legislation it supports, A-2906, was discussed. The "Responsible Pit Bull Ownership Licensing Act" would authorize certain municipalities which have a demonstrated public safety or crime problem to require a license for a person to own, keep or harbor a pit bull or a Rottweiler. Mrs. Walton suggested that this matter requires more study, and offered a motion to table Resolution #03-53, IN SUPPORT OF A-2906, until March 10. Mr. Honecker seconded and the

4 4 motion was approved with four "yes" votes. REPORT OF THE MUNICIPAL ATTORNEY Mr. Pidgeon's written, monthly report dated February 19, 2003 was accepted. Public Safety Committee. Mrs. Flynn, Chair, was absent. COUNCIL COMMITTEE REPORTS Finance Committee. Mr. Salovaara, Chair, was absent, so Mr. Rossi reported. He said the committee met with the auditor and are looking at the budget draft, as provided by the Administrator. Mayor Williams spoke about the history of Borough finances for last 23 years, and commented that he is seriously concerned about the surplus which, unless something changes, will be at its lowest point in 23 years. He said this is a "dangerous situation" and he asked the Finance Committee to consider a budget which would require 5% to be raised by taxation. Mr. Honecker said he agreed. Personnel Committee. Mrs. McMillen, Chair, said they have reviewed proposed, revised working schedules for three employees in the Finance Department. They anticipate negotiations will soon begin with new unions, and she asked about the make up of the contracts committee? Mayor Williams responded that when a meeting is requested, the Council negotiating group will be decided upon. Council Members Rossi and McMillen volunteered to serve. Engineering, Technology & Public Works Committee. Mr. Honecker, Chair, discussed subjects reviewed at their recent meeting, and the budget impact of the overtime costs ($31,800) due to the President's Day snowstorm. ITEMS OF BUSINESS Somerset County Community Development Committee Mayor Williams appointed Mike Sullivan to Alternate Member for the Somerset County Community Development Committee. Fire Prevention Official/Job Description Further discussion on a job description for the Fire Prevention Official was tabled to March 10. Municipal Alliance/Youth Services A request for funding for a grant coordinator to the Municipal Alliance /Youth Services committee was tabled to March 10.

5 5 Real Estate Signs at the Library In a letter dated February 10 th, Mr. Clancey of Clancey Realty Group requested that the Borough Council extend the time period for real estate signs on Anderson Hill Road until August 15,2003. These signs, the ordinance provisions, and the Library Board's desire that no extension be granted, were discussed. Mr. Honecker moved to extend permission for the existing signs to March 15, and to discuss this matter again on March 10. Mrs. McMillen seconded and the motion was approved with four "yes" votes. Open Space/grant applications Mmes. McMillen and Walton reported, saying that the Open Space committee has asked that public hearings be scheduled for the March 24 th meeting for the following: (1) To solicit public comment regarding the Borough's Green Acres Planning Incentive Grant Application, including proposed Open Space and Recreation acquisition list and the Recreation and Open Space Inventory Map. (2) To solicit public comment relative to the submission of a Somerset County Municipal Greenway Partnership Grant Application for open space land acquisition. The Borough Clerk was authorized to publish notice of both hearings, and to schedule same on the agenda for the meeting of the Governing Body beginning at 7:30 p.m. on Monday, March 24 th. OPEN SESSION Mayor Williams opened the meeting to the public. Mr. John Palomaki, 39 Stirling Road resident, volunteered his help with the Borough web site. The group thanked him, and the Clerk took his telephone number for future reference. Mayor Williams closed the public portion. Continuation of this matter was tabled to March 10. LEGAL TRAINING SESSION CLOSED SESSION (There was none) Before closing the meeting, Mr. Rossi recommended authorizing the Borough Administrator to decide the most economical way to clean out snow at the library and in the Post Office lot, and to make arrangements to have it done as soon as possible. The Administrator was instructed to follow through with this project. ADJOURNMENT It was moved, seconded, and agreed by all present to adjourn the meeting at 10:30 p.m.

6 Sandra G. Jones, Borough Clerk/Assistant Administrator 6