BOROUGH OF BERNARDSVILLE Mayor & Borough Council Meeting Minutes September 8, 2014

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BOROUGH OF BERNARDSVILLE Mayor & Borough Council Meeting Minutes September 8, 2014 Mayor Lee C. Honecker called this meeting to order at 7:00 p.m. Present were Council Members Jeffrey J. DeLeo, Michael depoortere, John F. Farrell, Joseph Rossi, Chris Schmidt and Janet Waite. Also present were John Pidgeon, Borough Attorney, Ralph A. Maresca, Jr., Administrator & CMFO, and Sandra G. Jones, Borough Clerk & Assistant Administrator. STATEMENT OF PRESIDING OFFICER 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 19, 2013. OPEN SESSION At this point in the meeting, the Mayor & Council welcome comments from any member of the public. To help facilitate an orderly meeting and to permit the opportunity for anyone who wishes to be heard, speakers shall limit their comments to 5 minutes. If reading from a prepared statement, please provide a copy and email a copy to the Clerk's Office after making your comments so it may be properly reflected in the minutes. Mayor Honecker read the statement listed above and opened the meeting to the public. Genene Sullivan, Stevens Street resident, discussed the Presidential Proclamation for National Childhood Cancer Awareness Month and her wish to display gold ribbons "where we can" during September. Mr. depoortere moved approval of the display of gold ribbons on borough property during September. Mr. Rossi seconded the motion, which was approved with six yes votes. It was suggested to Ms. Sullivan that she explore coordination of the gold ribbon campaign with other ribbon campaigns conducted during September and October (National Ovarian Cancer Awareness Month, teal ribbons during September and Breast Cancer Awareness Month, pink ribbons during October). Hearing no further comments, the open session was closed. PRESENTATION Mayor Honecker read the following Proclamation: WHEREAS, President Barack Obama has proclaimed September 2014 as National Childhood Cancer Awareness Month, and WHEREAS, during National Childhood Cancer Awareness Month, we remember all those lives that have been cut short by pediatric cancer; we recognize the loved ones who know the pain it causes; and we support and honor every child and every family battling cancer each day, and WHEREAS, we remember 8 year-old Campbell Grace Hoyt, a courageous, sweet, loving and much loved Bernardsville resident, who, on August 22 nd, passed away following her five-year battle with cancer.

NOW, THEREFORE, I, Lee C. Honecker, Mayor of the Borough of Bernardsville, by the authority vested in me, and representing the Borough Council of the Borough of Bernardsville, do hereby proclaim September 2014 as National Childhood Cancer Awareness Month in Bernardsville, and encourage all citizens to join me in remembering Campbell Grace Hoyt, and do enter this proclamation into the public record of the Borough of Bernardsville on this 8 th day of September, 2014. ITEMS OF BUSINESS Ordinance Moved by Mrs. Waite that #14-1671, ORDINANCE APPROPRIATING $90,000 FROM THE OPEN SPACE TRUST FUND FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT CLAREMONT FIELD, 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., September 22, 2014. Motion was seconded by Mr. Rossi and approved with six yes votes. Resolutions #14-165 RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE SUBURBAN MUNICIPAL JOINT INSURANCE FUND #14-166 AUTHORIZING REDEMPTION OF TAX LIEN CERTIFICATE #13-00020, 16 DAYTON CRESCENT #14-167 AUTHORIZING RELEASE OF BOND FOR STREET OPENING PERMIT #14-168 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LJM ENGINEERING GROUP #14-169 ADOPTING BUDGET AMENDMENT CERTIFICATION FORM (Ch. 159 for FEMA funds received in 2014) #14-170 REQUESTING EXTENSION OF TIME FOR MINE MOUNT ROAD SECTION 1 IMPROVEMENTS LOCAL AID PROJECT #14-171 ABANDONING ANY CLAIMS THE BOROUGH MAY HAVE TO A PORTION OF LOT 39 IN BLOCK 69 #14-172 APPROVING PAYMENT OF BILLS Mr. Rossi requested that Resolution #14-171 be removed from the consent list for discussion. Mr. depoortere moved adoption of Resolutions #14-165 through #14-170 and #14-172. Mr. 2

Farrell seconded the motion and a call of the roll followed. Council Members DeLeo, depoortere, Farrell, Rossi, Schmidt and Waite voted yes. Mr. Rossi asked to revisit the easement request for Lot 39 in Block 69. Mr. Pidgeon explained that the deed for Lot 39 was acquired as a result of a tax sale in 1938, but the borough never perfected the title, thus it is not possible to get title insurance for a transaction. Mr. Pidgeon was directed to try again to obtain an easement to the Claremont field, and Resolution #14-171 was tabled until September 22. Shed at Polo Grounds Information provided by the Recreation Director regarding the request from the lacrosse team to place a 10' x 10' shed at the Polo Grounds was reviewed. Mr. Rossi moved approval, subject to execution of an agreement relative to storage of equipment on borough property, and receipt of insurance certificates required therein. Mr. DeLeo seconded the motion, which was approved with six yes votes. Draft agreement relative to storage on borough property A proposed storage shed agreement was reviewed. Said agreement will be required between the borough an any organization storing their equipment on borough property. Mr. depoortere moved approval. Mrs. Waite seconded the motion, which was approved with six yes votes. Fire Company request to use pool parking lot and Polo Grounds The Bernardsville Fire Company requested permission to use the Municipal Pool parking lot and Polo Grounds on Seney Drive on October 25, from 4:00 p.m. to 11:00 p.m., with a rain date of October 26, for their 2 nd Annual Monster Ball and Haunted Fire Truck Rides community event. The Recreation Director, in a memo dated August 27, confirmed that there are no conflicts on that day. Subject to receipt of a Hold Harmless Agreement and Certificate of Insurance, Mr. depoortere moved to approve use of the pool parking lot and Polo Grounds for the Fire Company event on October 25 (or 26 th ), as discussed herein. Mr. Rossi seconded the motion, which was approved with six yes votes. 2015 Service Contracts Discussion on the 2015 Somerset County Transportation Agreement was tabled until September 22, pending receipt of additional information from the Somerset County Transportation Director. A proposed contract from Animal Control Solutions for 2015 was reviewed. It was decided to renew same for 2015, at the same level of service provided during 2014. The Clerk was directed to prepare a resolution of approval for consideration at the September 22 meeting. 3

HMGP application for library generator Police Chief Kevin Valentine provided copies of the application filed for $75,000 funding under the Hazard Mitigation Grant Program for a generator for the library/shelter. The total project cost at $186,065.00 is higher than expected, and he discussed reasons for the increase and some expenses included (the cost of hiring Professional Service Contractors to assist with gathering information necessary to compile the application and 7% administrative costs), which we hope to recover. Rich Diegnan, Library Board Member, reported on his review of the project. Mrs. Kennedy-Grant and other speakers who were not identified by name discussed use of the library during emergencies. Mr. depoortere asked if some related infrastructure work could be done in advance of obtaining the funds for the generator? Mr. Pidgeon answered yes. Mr. Rossi said the borough should convert the library building to gas heat. Chief Valentine said it is believed that the cost benefit does not exist to do so, and Mayor Honecker said conversion, if considered, would be a separate project. In conclusion, it was noted that the borough share of the total cost, or $111,065.00 will have to be funded in 2015. The Chief cautioned that backing away from this project at a later date could jeopardize our standing for future grants. Mayor s appointment to Library Board Mayor Honecker appointed Valerie Zenardi to the Library Board to fulfill the unexpired term of Donald Burset until December 31, 2014. Mr. Rossi moved consent. Mr. depoortere seconded the motion, which was approved with six yes votes. Draft ordinance prohibiting storage of equipment/material on borough land This matter was tabled until the next meeting on September 22. Correspondence Via an email received from Kathleen Palmer on August 24, the borough was advised that in recognition of anniversaries (New Jersey is 350, Bernardsville is 90, Studio 7 is 10 and Palmer Enterprises is 66) she will ask businesses in town to celebrate by displaying 8'5" x 11 posters and American Flags or bunting for a couple of months or until December 31, 2014. Zoning Enforcement reviewed a request; found no issue with the proposed display. Christine Zamarra, via an email dated August 29, suggested closing Olcott Avenue on Sundays from about 11:00 a.m. to 3:00 p.m., Spring to Winter, for "Sunday Fun Days", when residents could walk, skateboard, etc. on the roadway. The matter was referred to the Police Committee to study how closing the road would impact traffic and access to homes, and then tabled until the next meeting on September 22. 4

Pop Warner revised game schedule The Recreation Director advised that Pop Warner football now plays games on Saturday afternoon and evenings at the Polo Grounds instead of Sunday afternoons. With the change referees are not available on Saturday until later in the day due to conflicts with high school games. Pop Warner has home games on Saturday, October 4, 11 and November 1 which will conclude around 9:30 p.m. Recreation Rules and Regulations state that fields are open Monday - Saturday from 8:00 a.m. to dusk but portable lights have provided extra time on football practice days and now will be used for the Saturday night games. Mr. Rossi moved to approve the request, with lights out at 9:30 p.m. Mr. DeLeo seconded the motion, which was approved with six yes votes. Pop Warner will be directed to notify residents who may be affected including, but not limited to, Chestnut, Seney, Seney Extension, Oak, Spruce, and Locust. Culvert under Route 202 & train station parking lot Copies of a proposal submitted to the NJDOT from National Water Main Cleaning Company were received to clean approximately 450 yards of material from the culvert and ditch located off Route 202 in Bernardsville. This is a project that will be shared among the borough, NJDOT and NJT and the borough share of the cost is about $48,000, to be paid out of the train station fund. CLOSED SESSION Mr. depoortere moved to adjourn to an executive session to consider Personnel Matters and Contract Negotiations (Silbert), and that the time when and circumstances under which the matter can be disclosed to the public is when they are finally resolved. Motion was seconded by Mr. Schmidt, and unanimously approved. Mr. Pidgeon said that action may be taken following the closed session. REOPEN AND ADJOURNMENT Mayor Honecker opened the meeting to the public, then adjourned at 9:00 p.m. No action was taken. keywords: national-childhood-cancerbawareness-drainage-insurance-tax-street-opening-engineering-local-aid-mine-mount-shed-polo-groundsparking-fire-company-library-generator-police-sunday-fun-days-pop-warner-recreation-culvert-train-station BC090814.MIN 5