BOROUGH OF BERNARDSVILLE Mayor and Borough Council Meeting Minutes APRIL 10, 2006

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BOROUGH OF BERNARDSVILLE Mayor and Borough Council Meeting Minutes APRIL 10, 2006 The meeting was called to order by Mayor Jay Parsons, at 7:10 p.m. on Monday, April 10, 2006, in the Borough Hall. Present were Denis J. Dooley, III, Charlotte J. Foster, Lee C. Honecker, Michael Landau, Joseph Rossi and Mikael Salovaara. Also present were John R. Pidgeon, Esquire, Borough Attorney, Sandra Jones, Borough Clerk/Assistant Administrator and Ralph A. Maresca, Jr., Borough Administrator/C.M.F.O. 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 14, 2005. School Budget The Mayor and Council agreed to deviate from the printed agenda, and hear this item first. Peggy Marino, Board of Education President, introduced Nancy Hunter, the new Business Administrator for Somerset Hills School District and Karen McMahon, the Far Hills representative on the board. Peter Miller, Superintendent, distributed written information about the 2006-07 proposed budget, and discussed same, with highlights as follows:?? The increase in enrollment is 15-30 students next year; a total of 2,053, about double what it was ten years ago.?? Class size, 25-38 students, has been a problem.?? The school expansion schedule is on time and on budget. The tax impact will be minimal due to investments, controlled construction costs, and state funding.?? 1.1 million has been set aside to offset taxes.?? Calendar year tax levy is 1.9% -- School year tax levy is 3.7%.?? State Aid Revenue increased by $134,000.?? Costs are being controlled through healthcare reductions of $700,000 over three years.?? Special education costs have been cut by $286,000 by bringing programs back in-house.?? The budget proposes to use savings for hiring staff, facility maintenance and lower class size. Mark Salisbury, Mount Harmony Road resident, presented an analysis, with slides and written information, of the school budget from 2000 to 2007. Among other facts, he discussed the cost per student in relation to other school systems and tuition disparities among sending communities. Mr. Salisbury suggested reworking the cost per student and moving toward regionalization. Voters will decide on the school budget, as proposed, on April 18. Mayor Parsons opened the public session. OPEN SESSION Pat McFadden, Round Top Road, asked the status of the potential acquisition of a portion (about 13 acres) of the Reagan/Timchula property for open space? Mr. Pidgeon said appraisers will visit the site on April 13. She asked if the whole property could be appraised and considered for acquisition? Rosemary Brennan, Hull Road in Twin Lakes, urged the Council to do the right thing as elected representatives and acquire the entire Reagan/Timchula property, a beautiful parcel which should be available to all residents of Bernardsville. Harry White, Childs Road, offered a public thank you to Mark Salisbury for his work on school budgets and alternatives for

2 controlling school costs. Susan Kiernan, 93 Rippling Brook Way, added her support for the purchase of the Reagan/Timchula property for the benefit of the community. Paul Wilford, 52 Rippling Brook Way, and Brian McFadden, Round Top Road, spoke in favor of acquisition of the entire parcel. Rosalie Ballantine asked what the next step in the process would be? Mr. Pidgeon responded that after the site visit, the appraisals should be ready in approximately one month. Gerry Rossman, 101 Claremont Road, suggested Mayor Parsons apologize for his remark, made earlier in the open session, that some residents in the area of the Reagan/Timchula property have a personal interest in the site becoming open space. Mayor Parsons closed the public session. Ordinance Public Hearing ITEMS OF BUSINESS Mayor Parsons opened the public hearing on #06-1427, AN ORDINANCE PROHIBITING DOGS IN BOROUGH PARKS AND SUPPLEMENTING AND AMENDING CHAPTER V OF THE BOROUGH CODE ENTITLED ANIMAL CONTROL. Gerry Rossman, Claremont Road resident, asked how this ordinance came about? Mr. Honecker explained that the Little League teams said there was a problem with the children playing on the fields where the dogs were free to roam. April 1 to June 30 is the period of time that this ordinance will be in effect on all recreation fields where baseball games are played. Mr. Dooley moved that this ordinance be passed on final reading and adopted as published. Mr. Honecker seconded and the motion was approved with six yes votes. Resolutions #06-82 APPOINTING OLIVIA D AMICO, PART-TIME, SUBSTITUTE SCHOOL CROSSING GUARD #06-83 APPROVING MEMBERSHIP IN THE FIRE COMPANY #06-84 AUTHORIZING PAYMENT OF BILLS #06-85 APPROVING A PERSON-TO-PERSON TRANSFER OF A.B.C. LICENSE #1803-44-006-002 #06-86 AUTHORIZING THE CERTIFICATION OF THE ANNUAL REPORT TO COAH - MONITORING OF AFFORDABLE UNITS #06-87 AUTHORIZING AN INFORMAL AGREEMENT BETWEEN THE BOROUGH OF BERNARDSVILLE AND TILCON NEW YORK, INC. #06-88 WAIVING JIF REQUIREMENTS FOR SMALL NON-PROFITS USING LIBRARY MEETING ROOM #06-89 REJECTING ALL BIDS RECEIVED ON MARCH 23 AND AUTHORIZING THE RE-BIDDING OF CELL TOWER LEASES AT THE BOROUGH COMPOSTING FACILITY #06-90 SETTING FEES FOR RECREATION/POOL PROGRAMS

3 #06-91 BERNARDSVILLE MUNICIPAL POOL RULES AND REGULATIONS 6-92 APPROVING AN OFF PREMISE RAFFLE APPLICATION FROM UPPER RARITAN WATERSHED ASSOCIATION Resolution #06-92 was added to the list, then Mr. Landau moved to approve Resolutions #06-82 through #06-92. Mr. Salovaara seconded the motion which was approved with a roll call vote of six yes votes: Mr. Dooley Yes Mr.Landau Yes Mrs. Foster Yes Mr. Rossi Yes Mr. Honecker Yes Mr. Salovaara Yes Homeless Solutions Dan McGuire, representative of Homeless Solutions/Headquarters Development, a non-profit organization based in Morristown, was present to discuss the possibility of affordable housing on Borough property at 163 Mine Brook Road (Lot 15.38 in Block 80). It was decided that Council Members Rossi, Salovaara and Foster would meet to study this proposal in more detail, then report back to the entire group on April 24, or as soon as possible. Gift Bench at Rotary/Kiwanis Field Bob Ball, President of the Little League, on behalf of friends of Steve Medina, has requested permission to place a memorial bench honoring Mr. Medina at the Rotary/Kiwanis Field. It was agreed to approve in concept, pending receipt of details to be worked out by the Public Works Manager, Recreation Director and Public Works Committee, to allow dedication of the bench, if possible on April 22. Mr. Rossi moved to accept the memorial bench, as discussed. Mr. Dooley seconded and the motion was approved unanimously. Housing Committee Membership Mayor Parsons nominated DiMaris Fuentes to serve on the Housing Committee. Mr. Rossi moved to accept the nomination. Mr. Salovaara seconded and the motion was approved unanimously. Special Event ordinance Mr. Pidgeon briefly discussed the draft ordinance, and it was decided to consider this ordinance amendment at the next meeting on April 24. Memo from Mr. Rossi dated 3/27/06 Mr. Rossi discussed: (1) the possibility of a re-appraisal of all commercial and residential property to bring them up to current value. (2) Farmland assessment. (3) The use of open space tax dollars; and (4) the downtown redevelopment project. General and farmland assessments were discussed. Mr. Landau argued that a general reval would be expensive, and that no new revenues would be generated; just a shift in the tax burden. Regarding farmland assessment, Mr. Salovaara stated the Borough is already on record that the relevant tax should be changed. Messrs. Landau and Honecker agreed that these matters should be discussed with the Assessor. Mr. Rossi suggested a referendum to consider a change to provide more broad use of open space funds. Mr. Salovaara requested more information on the question. Mr. Rossi expressed frustration regarding delays, and asked to chair the downtown development project. Mr. Salovaara instead suggested that the Borough s engineering representative, Bob Brightly, be asked to attend a meeting to provide an update on the project, and Mr. Honecker

4 suggested reports be provided on a regular basis. Temporary real estate sign at library In a memo dated March 30, Mr. Mondok asked for enforcement direction relative to the real estate sign at the Bernardsville Library building. Mr. Honecker moved that enforcement will be in accordance with ordinance, two months on display, two months off. Salovaara seconded the motion which was approved with five yes votes. Mr. Rossi voted no. Eminent domain There was generic discussion, led by Mr. Pidgeon, and it was decided to postpone further discussion for closed session. Revisions to Employee Handbook/Personnel Policies and Procedures In a memo dated April 6, 2006, Mr. Pidgeon discussed proposed revisions to the Borough s Personnel Policies and Employee Handbook, as suggested by the Joint Insurance Fund. Mr. Salovaara moved to resolve that the changes to the Handbook and Policy be adopted. The motion was duly seconded and approved unanimously. New construction fees Mr. Landau recommended increasing fees to boost revenue and to be consistent with the market. Based upon the recommedation of the Construction Official, Bernardsville fees were compared to Far Hills, the closest fit according to Mr. Alicino. Before moving ahead, Mr. Maresca was directed to compare the fees in Peapack-Gladstone, Bedminster, Long Hill and Bernards Township. Resolution to authorize summer employment Mr. Salovaara recommended that Mr. Maresca be authorized to hire summer employees at $10/hour and rehires at $10.50/hr. Mr. Salovaara moved approval of Resolution #06-94, AUTHORIZING THE ADMINISTRATOR TO HIRE SUMMER EMPLOYEES FOR PUBLIC WORKS. Mrs. Foster seconded the motion, which was approved unanimously. Open Session A member of the public, Harry White, was given permission to comment at this point in the meeting. He encouraged elected officials to do whatever possible to fix the system and ensure that the borough receive equitable tuition per student from Bedminster. Mr. Landau moved: CLOSED SESSION?? To adjourn to Executive Session to consider personnel matters, contract negotiations, litigation and property acquisition;?? That the time when and circumstances under which the matters can be disclosed to the public is when they are finally resolved; and?? That following the Executive Session, the meeting be reopened to the public, then adjourned with no further discussion.

5 Mr. Honecker seconded and the motion was adopted unanimously. Borough Clerk Adjourned at 10:20 p.m. BC041006.min keywords: school-budget-regan-timchula-property-dogs-fields-little-league-fire-crossing-abc-coah-tilcon-jif-library-meeting-cell-tower-lease-recreation-fees-pool-rules-raffle-ho meless-solutions-housing-bench-medina-committee-specail-event-assessment-farmland-open-space-real-estate-signs-handbook-policy-construction-summer-employm ent