BOROUGH OF BERNARDSVILLE Mayor & Borough Council Meeting Minutes April 11, 2011

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BOROUGH OF BERNARDSVILLE Mayor & Borough Council Meeting Minutes April 11, 2011 This meeting was called to order by Mayor Lee C. Honecker at 7:00 p.m. on Monday, April 11. Present were Council Members Joseph DeMarco, Joseph Rossi, Charlotte Foster, Craig Lawrence and Kevin Sooy. Also present were Ralph Maresca, Administrator/CMFO, Sandra Jones, Borough Clerk/Assistant Administrator and Borough Attorney John R. Pidgeon, Esquire. Council Member John McCrossan arrived at 7:07 p.m. 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 30, 2010. OPEN SESSION Mayor Honecker opened the meeting to the public. Hearing no comments or questions, Mayor Honecker closed the meeting to the public. ORDINANCES Mr. Rossi moved that #11-1586, AN ORDINANCE ACCEPTING DONATION OF DRAINAGE EASEMENT, 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., April 25, 2011. Mrs. Foster seconded and the motion passed with five yes votes. Mr. DeMarco moved that #11-1587, AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK, 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., April 25, 2011. Mr. Rossi seconded and the motion passed with five yes votes. Mrs. Foster moved that #11-1588, AUTHORIZING APPROPRIATION OF $6,000 FROM THE RECREATION CAPITAL IMPROVEMENT FUND FOR LIGHTNING PROTECTION SYSTEMS, 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., April 25, 2011. Mr. Lawrence seconded and the motion passed with five yes votes. RESOLUTIONS #11-73 AUTHORIZING REDEMPTION OF TAX LIEN CERTIFICATE #11-00017, BLOCK 114, LOT 1.115, CONDO, 15-15 PINE STREET, BERNARDSVILLE, NJ 07924, NARDONE DEBRA & ELBANA, ASAD

#11-74 AUTHORIZING SUBMISSION OF 2010 RECYCLING TONNAGE GRANT APPLICATION #11-75 AWARDING A CONTRACT FOR GRASS CUTTING AND LAWN MAINTENANCE #11-76 AUTHORIZING SUBMISSION OF THE YEAR 2011 MUNICIPAL ALLIANCE GRANT UPDATE #11-77 AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH POLICEREPORTS.US TO PROVIDE COPIES OF ACCIDENT REPORTS ONLINE #11-78 AMENDING ASSESSOR S RETURN DATE #11-79 A&B APPROVING PAYMENT OF BILLS #11-80 ACCEPTING A $15,000 EMERGENCY MANAGEMENT REIMBURSEMENT GRANT #11-82 APPOINTING A PART TIME SUBSTITUTE DISPATCHER Mr. Sooy moved that Resolutions #11-73 through #11-80 and #11-82 be approved. Mr. Lawrence seconded and the motion passed upon a roll call vote: Mr. DeMarco Yes Mr. Lawrence Yes Mrs. Foster Yes Mr. Rossi Yes Mr. McCrossan Absent Mr. Sooy Yes Resolution #11-81 was tabled, pending arrival of John McCrossan, Finance Committee Chair. ITEMS OF BUSINESS Draft Ordinance/Parking Restrictions on Olcott Avenue Following discussion, it was decided that this ordinance will be introduced at the meeting on April 25, 2011. Council Member McCrossan arrived at 7:07 p.m. Resolution #11-81 APPROVING 2011 BUDGET UPON INTRODUCTION (Sheet 2 of budget document) 2

Mr. McCrossan explained that the tax levy increase is 1.97%. He thanked administration, staff and Finance Committee Members Rossi and Lawrence for work on the budget. Mr. McCrossan said no cuts in services are anticipated for 2011. The total budget is $12,435,930.73, funded as follows: $3,704,233.69 from anticipated other revenues such as surplus miscellaneous revenues (state aid and receipts from delinquent taxes). That leaves $851,877.94, which is going to be broken out from the Borough tax levy. The remaining amount to be raised by taxation is $7,879,819.10. The increase from 2010 to 2011 is $169,234.00. There is $273,855.00 in the tax levy cap that could have been used to increase the tax further, but it was decided not to do so. Insurance, pension and capital improvements were not subject to the 2% cap. But everything was held at 1.97%. There has been a savings in the Tax Assessor s office, benefits from utility programs and debt services. The assessed value has decreased this year by $31,000,000.00. Over three years it has decreased by 15%. The total budget growth is 1.7%. Recreation is funded by an additional $56,000.00 and the library was also over-funded by $46,000.00. Mr. McCrossan moved adoption of Resolution #11-81, approving the budget upon introduction (see Sheet 2 of the budget document). Mrs. Foster seconded the motion, and a roll call vote followed: Mr. DeMarco Yes Mr. Lawrence Yes Mrs. Foster Yes Mr. Rossi Yes Mr. McCrossan Yes Mr. Sooy Yes The budget summary will appear in the Bernardsville News on April 21. Public hearing is scheduled for May 9. ITEMS OF BUSINESS, CONTINUED Draft Ordinance/Towing Ordinance Amendments to Comply with Predatory Towing Prevention Act Following review of the draft, it was decided to introduce this ordinance on April 25, 2011. Draft Ordinance/Concerning the Claremont Road Parking Lot and the Mt. Airy Parking Lot This matter was carried to the work meeting on May 9, 2011. Fire Company Request for Use of Pool on September 10, and Fire Company Request for Use of Train Station Lot on October 22 Mr. Sooy moved approval of the above requests, subject to the usual conditions, including receipt of a certificate of insurance and hold harmless agreement. Mr. Rossi seconded the motion, which passed with six yes votes. 3

Fire Company PEOSHA Requirements This matter was carried from the last meeting, when it was placed on the agenda at the request of the Fire Chief. Since no one from the Fire Company was present on this date, the matter was tabled for more information. Mr. Maresca was directed to contact the Fire Company to clarify their request for help with meeting PEOSHA requirements. It was agreed this matter will be placed on the April 25 agenda if it is ready for discussion on that date. Sample Resolution Urging Somerset County to Serve as an Off-Site Disaster Recovery Site The Borough Clerk explained that the resolution from Bernards Township was placed on the agenda after she was asked to request a similar resolution in support of their request that the county consider an off-site disaster recovery site which could be used by municipalities within the county if needed. It was agreed that a draft resolution should be prepared for consideration on April 25. NJ Keys Request for Reduction in Fees The NJ Keys Travel Baseball Team has requested a reduction in fees to $1,000 for a proposed schedule of 12 games or practices between March 31 and May 26, instead of the usual $200 per two hours (of $2,400). Mr. Pidgeon recommended that whatever decision is made, fees should be uniform for all. Mr. McCrossan recommended this matter be returned to the Recreation Committee for further discussion. Neil Klein, a Peapack Gladstone resident and NJ Keys representative, discussed the non-profit status of their organization. Sounds Around Town Caesar Mistretta of the Bernardsville Chamber of Commerce, in a letter dated April 7, requested permission to use the Bernardsville Library parking lot for some of the activities included in Sounds Around Town, from 4:00 to 10:00 p.m. on May 7 and May 14. Included with the request was a letter from the Library Director, stating "that the library has no objection to the Chamber using part of the library parking lot and entranceway apron for the event." Mr. Sooy moved approval as discussed, subject to receipt of a certificate of insurance and hold harmless agreement. Mr. Rossi seconded the motion, which passed with six yes votes. E-Waste & Clean Up Day Mrs. Foster reported on the success of these two events and the number of residents that participated. 4

CLOSED SESSION Council Member Sooy moved to adjourn to executive session to consider Contract Negotiations and Pending or Anticipated Litigation (Downtown Project), and that the time when and circumstances under which the matters can be disclosed to the public is when they are finally resolved. Mr. Lawrence seconded and the motion was approved with six yes votes. REOPEN/ADJOURNMENT Mr. DeMarco moved to reopen and adjourn the meeting at 8:00 p.m. Mr. McCrossan seconded, and the motion was approved unanimously. BC041111.min keywords: drainage-easement-budget-cap-bank-recreation-tax-lien-recycling-grass-lawn-cutting-municipal-alliance-police-rteport-assessorparking-claremont-olcott-towing-mount-airy-fire-peosha-disaster-recovery-sounds-around-town 5