BOROUGH OF BERNARDSVILLE BOROUGH COUNCIL MEETING MINUTES November 22, 2004

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1 BOROUGH OF BERNARDSVILLE BOROUGH COUNCIL MEETING MINUTES November 22, 2004 A meeting of the governing body was called to order by Mayor Jay Parsons at 7:00 p.m. on Monday, November 22, 2004, in the Borough Hall. Present were Lee C. Honecker, Michael Landau, Vivian McMillen, Joseph Rossi, and Helen Walton. Also present were John R. Pidgeon, Esquire, Borough Attorney, Ralph A. Maresca, Jr., Borough Administrator, and Anthony Suriano, Deputy Borough Clerk. Mikael Salovaara was absent. STATEMENT OF PRESIDING OFFICER Mayor Parsons 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 December 23, PLEDGE OF ALLEGIANCE The pledge of allegiance was recited by all. PRESENTATIONS (There were none) APPROVAL OF MINUTES Mrs. McMillen moved approval of minutes of the meeting held November 8, The motion was seconded and approved as follows: Mr. Honecker Abstained Mr. Rossi Yes Mayor Parsons opened the public session. OPEN SESSION Jean Oliver, Somerset Avenue, voiced safety concerns about the Claremont steps. Council responded that this project is being worked on. Joseph Rega, Sunset Drive, reported a zoning issue at 5 Sunset Drive. He noticed six parked cars and people moving in and out of the house. He said he was supposed to meet with Jim Alexander, Zoning Enforcement Officer, regarding this situation, but Mr. Alexander has since resigned. Mrs. McMillen answered that council will address the vacancy for a Zoning Enforcement Officer. Mr. Honecker said that the zoning issues will be addressed. Mr. Rega also had concerns about safety issues at the train station at night. Phillip Pitney, Lloyd Road, asked Mr. Maresca if the borough will be in the red or the black at the end of the year. Mr. Maresca responded by saying the borough would be in the black. He also had a safety concern over signs at Olcott Square, some of which have small writing and could be hazardous if someone is trying to read them while driving. Mrs. Walton said we need to look at amending the sign ordinance. Mr. Rossi said signs from non-profit groups also need to be addressed. Mayor Parsons closed the public session. ORDINANCES

2 2 The following were in attendance representing Patriot Media: Dennis Lincoln, Attorney; Ted Moon, Project Manager; Rob Carpenter, Superintendent of Engineering and Construction. Due to Patriot Media being in attendance, Ordinance # was heard first. Mayor Parsons opened the public hearing on # , AN ORDINANCE GRANTING MUNICIPAL CONSENT TO THE RENEWAL OF A FRANCHISE TO PATRIOT MEDIA & COMMUNICATIONS CNJ, LLC, TO CONSTRUCT, OWN, OPERATE, EXTEND AND MAINTAIN A CABLE TELEVISION AND CABLE COMMUNICATIONS SYSTEM IN THE BOROUGH OF BERNARDSVILLE, COUNTY OF SOMERSET, STATE OF NEW JERSEY. Mr. Lincoln gave a background of Patriot Media and their services. Mr. Rossi said Patriot Media promised voice, video, data, and phone service to all facilities and they will do whatever it takes to follow through on that promise. Mr. Rossi and Mrs. McMillen complimented Patriot Media for all their efforts. Mr. Landau asked about gross revenue and access channels. Mr. Lincoln responded to gross revenue that the fee is fixed by statute and he does not have the exact dollar amount. Mr. Rossi said there are two access channels for the borough. The school uses one, which is under our jurisdiction, and the other channel could be used by the police or council. Mr. Landau asked if live broadcasting could be done. Mr. Lincoln answered yes. Peter Roselle, Chamber of Commerce, complimented Patriot Media and asked if web broadcasting was possible. Mr. Lincoln said that could be done through the internet. Denis Dooley, Olcott Avenue, asked who is responsible for what will be broadcast. Mayor Parsons said that will be delegated in the future. Mr. Dooley asked about cameras. Mr. Landau said the school could assist with cameras. Mayor Parsons closed the public hearing. Mr. Rossi moved to pass the ordinance on final reading and adopt as published. Mrs. McMillen seconded and the motion was approved upon a roll call vote: Mr. Honecker Yes Mr. Rossi Yes Mayor Parsons opened the public hearing continued from September 27, October 25 and November 8, on # , AN ORDINANCE CONCERNING COUNCIL COMMITTEES AND AMENDING THE BOROUGH ADMINISTRATIVE CODE (2002) AS SET FORTH IN CHAPTER II OF THE BOROUGH CODE. Jean Oliver, Somerset Avenue, objected to this ordinance stating that she feels council should set its committees at the beginning of the year and is not in favor of the flexibility that this ordinance creates. Mr. Landau said that this ordinance was amended at the November 8 th meeting, so that a majority of full membership is needed to approve a change. It was also amended so that it goes into effect on January 15, It was decided to have the ordinance read aloud. Mr. Landau read the ordinance, pointing out the amendments. Ms. Oliver said she is still not in favor of this ordinance. Mayor Parsons closed the public hearing. Mr. Landau moved to pass the ordinance on final reading and adopt as published. Mrs. McMillen seconded and the motion was approved upon a roll call vote: Mr. Honecker No Mr. Rossi No Mrs. McMillen moved that # , AN ORDINANCE CONCERNING OFF-STREET PARKING REQUIREMENTS AND DEFINITIONS RELEVANT THERETO, be introduced by title, passed on first reading, published according to law, and that a public hearing be scheduled for a meeting beginning at 7:00 p.m., Monday, December 13, Mr. Landau seconded and the motion was approved with five yes votes. RESOLUTIONS # ESTABLISHING DECAL FEES AND OTHER REGULATIONS FOR MUNICIPAL PARKING LOTS DURING 2005 # AWARDING A CONTRACT FOR MUNICIPAL PARKING LOT SNOW PLOWING AND SIDEWALK CLEARING

3 3 # AUTHORIZING SUBORDINATION OF HOUSING REHABILITATION LIEN # AMENDING POLICE DEPARTMENT REGULATIONS CONCERNING PROMOTIONS # APPROVING MEMBERSHIP IN THE FIRE COMPANY # AMENDING RESOLUTION #04-215, FIXING BASE SALARIES FOR NON-CONTRACTUAL EMPLOYEES # AUTHORIZING A PROPERTY TAX REFUND # AUTHORIZING TRANSFER OF FUNDS # ACCEPTING MONTHLY REPORTS # AUTHORIZING PAYMENT OF BILLS # AWARDING A CONTRACT FOR LIQUID ALUM Mr. Landau asked for details on # Mr. Pidgeon responded it is a civil service regulation, and that it streamlines the procedure if there is only one candidate for a position. Mrs. McMillen moved to approve consent resolutions #04-200, # and # through # It was moved, seconded and the motion was approved upon a roll call vote: Mr. Honecker Yes Mr. Rossi Yes Discussion on resolutions removed from consent list: The following typographical errors were pointed out on # The year should be changed to 2004 on page one, change Morris to Somerset on page three, the phrase date to be established by the Planning Board added to page four in place of date, and the word Bernardsville was misspelled. Mrs. Walton moved #04-217, REQUESTING EXTENSION OF SUBSTANTIVE CERTIFICATION AND AUTHORIZING THE FILING OF A MOTION WITH THE COUNCIL ON AFFORDABLE HOUSING ( COAH ), as corrected. Mr. Rossi seconded and the motion was approved with five yes votes. Mr. Pidgeon s written report was reviewed and accepted. COUNCIL COMMITTEE REPORTS REPORT OF THE MUNICIPAL ATTORNEY Public Safety - Mrs. Walton stated that the Town/School Committee has been meeting regarding busing needs. The topic of having a resource officer is being discussed by the committee. There is an ordinance to be introduced to lower the speed limit on Old Army Road to 25 mph. It will be introduced later in this meeting. The twin lakes project is being reviewed by the police chief and the project is ready to be finalized. Finance - Mr. Rossi, reporting for Mr. Salovaara, said the committee needs to schedule a meeting. He said the budget needs to be dealt with and suggested meeting every Friday at 8:00 a.m. in order to get the budget done by the January 1 st. Mr. Landau said that Mr. Maresca will answer any budget questions at the next finance meeting. No meeting date was set at this time.

4 4 Personnel - Mrs. McMillen said that the vacancy for Zoning Enforcement Officer will be discussed in executive session. Public Works - Mr. Honecker said a permit has been received for work on Hardscrabble Road, however the work cannot start until April 1 st. The snow plowing policy needs to be discussed. Mrs. Walton moved that Ordinance # , AN ORDINANCE ESTABLISHING A 25 MPH SPEED LIMIT ON OLD ARMY ROAD AND SUPPLEMENTING AND AMENDING CHAPTER VII OF THE BOROUGH CODE ENTITLED TRAFFIC, be introduced by title, passed on first reading, published according to law, and that a public hearing be scheduled for a meeting beginning at 7:00 p.m., Monday, December 13, Mrs. McMillen seconded and the motion was approved with five yes votes. Mr. Rossi said that traffic issues that may be caused by this project were discussed. Mr. Honecker explained that NJDOT said that the bridge on Route 202 by Meeker Road should be reconditioned. This will cause that portion of Route 202 to be closed for approximately two months next summer. Alice Steinbacher, Hardscrabble Road, asked what measures will be taken to notify the public of the road closing. Mr. Rossi said electronic signs will be in place before the project starts. Mrs. Walton said Chief Valentine will make sure the signs are in place. Mr. Rossi said NJDOT should work on this project 24 hours, 7 days a week. Mayor Parsons said he will not need to use the current Mayor s Office, which is located outside the court room. He asked council if they objected to the Court Office moving to the Mayor s Office. Mr. Honecker said it is a logical move for the Court Office to be next to the court room. Council gave consent for Mr. Maresca to move forward. Mayor Parsons said he would like to create an office of volunteers for various needs. Council agreed. Mayor Parsons named Denis Dooley to be the head of the office of volunteers Meeting Schedule Bill Foster, Board of Adjustment Chair, was present on this discussion. Various options were discussed on when the Board of Adjustment and Council could meet in 2005, in order to avoid conflict. Mayor Parsons asked if this should be tabled. Mr. Landau thought it should be tabled. Mrs. Walton moved to table this topic until December 13 th, since not all council members are present tonight. Mr. Landau seconded and the motion was approved with five yes votes. Vacancies Mayor Parsons will send a letter to committee chairpersons, to find out which of their members would like their s posted on the borough website. Announcement of Mr. Landau as Mayor s designee/library Board Mayor Parsons appointed Mr. Landau as Mayor s designee to the Library Board of Trustees. Council representative to JIF insurance fund (Mayor s appointment, Council consent) Mayor Parsons said he would like to appoint Mr. Landau as representative to the JIF. Mrs. McMillen moved council consent.

5 5 Mrs. Walton seconded and the motion was approved with five yes votes. Other vacancies Due to the recent resignation of Phillip Pitney and Lynn Mulcahy on the Board of Adjustment, Mr. Foster said he would like to have those two vacancies filled. Mrs. McMillen said that since there are only two Board of Adjustment meetings left in 2004, she would like to wait until reorganization to appoint new members. Mr. Honecker asked why should council wait. Mr. Landau said that with the two vacancies, there are seven members on the Board of Adjustment out of the full membership of nine. He said only five members are needed for a quorum, so there is some leeway even with the two vacancies. With only two meetings left in 2004, he suggested waiting until 2005 reorganization to make appointments. Mr. Landau moved to table this topic and make the appointments at reorganization. Mrs. McMillen seconded. The motion was approved by a 3 to 2 vote with Mrs. McMillen, Mr. Landau, and Mrs. Walton voting yes, and Messrs. Rossi and Honecker voting no. Chamber of Commerce Holly Days The Chamber of Commerce wrote a letter requesting to hold holiday festivities called Holly Days. On December 11 th from 4:00 p.m. to 5:00 p.m. at Olcott Square, the festivities will be the annual tree lighting, Santa arriving by fire truck, a professional group singing Christmas and Chanukah carols, followed by a recital of The Night Before Christmas at the library. On December 18 th, local Girl Scouts will be singing Christmas Carols from 4:00 p.m. to 5:00 p.m., at Olcott Square or Nervine Pond. The Chamber of Commerce has provided a valid certificate of insurance and signed hold harmless agreement. Council consent was given for this request. Firefighter Recognition/Letter from Mr. Negri Gerald L. Negri wrote a letter asking for some type of compensation/benefit for the volunteer firemen. Mayor Parsons drafted a letter in response and council gave consent to send the letter to Mr. Negri. Sewer Fees Mayor Parsons said the sewer fee ordinance is not ready at this time. It will be ready for introduction on December 13 th. Somerset County Open Space Grant An Open Space Partnership Grant was awarded in 1997, for the acquisition of Block 35, Lot 9, also known as the Weller property. Mayor Parsons said we should inform Somerset County that the borough does not want to buy the Weller property. Mr. Pidgeon will follow up. Tennis Courts/Lease Mr. Landau said the lease is for 50 years at one dollar per year. He suggested changing the duration of the lease. Mr. Honecker said it was 50 years so the school would have a long time to use the courts. Mr. Landau said we could shorten the term with an option to renew. Mr. Honecker said it was not meant to be a money maker, but he is content with limiting the term. Council agreed to set the term of the lease to 30 years. A resolution will be done on December 13 th. Mayor Parsons opened the public session. Todd Hayes, Somerset Avenue, voiced safety concerns about the Claremont steps. He wants council to allocate money to fix it properly. Mr. Honecker said we are in the process of doing that. Mark Salisbury, Mount Harmony Road, said there were sound problems with this meeting room. Mayor Parsons and Mr. Landau said that this could be fixed at some time in the future.

6 6 Mr. Foster reiterated that on December 13 th council will discuss their 2005 meeting schedule, and at 2005 reorganization, council will appoint new members to the Board of Adjustment. Mayor Parsons closed the public session. CLOSED SESSION It was moved and seconded that the meeting be adjourned to an executive session to consider personnel matters and property acquisition and that the time when and circumstances under which the above can be disclosed to the public is when the matter is finally resolved. The motion was approved with five yes votes. REOPEN AND ADJOURNMENT Mrs. Walton moved to reopen the meeting to the public. Mr. Honecker seconded and the motion was approved by a 3 to 2 vote, with Mrs. Walton and Messrs. Honecker and Rossi voting yes, and Mr. Landau and Mrs. McMillen voting no. It was moved and seconded to adjourn the meeting at 10:00 p.m. The motion was approved with five yes votes. Anthony Suriano, Deputy Borough Clerk keywords: claremont-steps-zoning-sunset-drive-budget-cable-patriot-media-signs-council-committees-parking-off-street-lots-sidewalk-snow-plow-housing-rehabilitation-promoti ons-police-fire-salaries-tax-refund-transfer-monthly-reports-bills-liquid-alum-contract-coah-busing-twin-lakes-old-army-road-speed-limit-enforcement-officer-hardscr abble-road-permit-bridge-traffic-court-mayor-office-volunteers-dooley-meeting-schedule-library-board-designee-jif-vacancies-holly-days-firemen-sewer-fee-open-spac e-grant-weller-tennis-courts-lease min

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