BOROUGH OF BERNARDSVILLE Mayor & Borough Council Minutes June 22, 2015

Transcription

1 BOROUGH OF BERNARDSVILLE Mayor & Borough Council Minutes June 22, 2015 Mayor Kevin Sooy called this meeting to order at 7:00 p.m. Present were Council Members Peter Birnbaum, Jeffrey J. DeLeo, Michael depoortere, Janet Waite and Bill Youngblood. Council Member Chris Schmidt was absent. Also present were John Pidgeon, Borough Attorney and Sandra Jones, Borough Clerk and Assistant Administrator. Ralph A. Maresca, Jr., Administrator/CMFO, was absent. STATEMENT OF PRESIDING OFFICER Notice was provided to the Bernardsville News, Courier News, Star Ledger, filed with the Municipal Clerk and posted on the Municipal Bulletin Board on December 12, PLEDGE OF ALLEGIANCE PRESENTATION (none) APPROVAL OF MINUTES Mr. depoortere moved approval of minutes of meetings held May 26 (Mr. Birnbaum was absent) and June 8. Mr. Youngblood seconded the motion, which was approved with five yes votes. 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 a copy to the Clerk's Office after making your comments so it may be properly reflected in the minutes. Mayor Sooy read the statement listed above and then opened the meeting to the public. Hearing no comments or questions, the public portion was closed. ORDINANCES Mr. depoortere moved that # , AN ORDINANCE ADOPTING ADDITIONAL REVISIONS TO THE STATE HOUSING CODE AS RECOMMENDED BY THE HOUSING ADVISORY COMMITTEE AND SUPPLEMENTING AND AMENDING CHAPTER XI OF THE BOROUGH CODE ENTITLED "PROPERTY MAINTENANCE", 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., July 13, Motion was seconded by Mr. DeLeo and approved with five yes votes.

2 Mr. Youngblood moved that # , AN ORDINANCE ESTABLISHING A ZONING PERMIT REQUIREMENT AND SUPPLEMENTING AND AMENDING THE BOROUGH LAND USE ORDINANCE, 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., July 13, Motion was seconded by Mr. depoortere and approved with five yes votes. RESOLUTIONS # AUTHORIZING REDEMPTION OF TAX LIEN CERTIFICATE # , 10 ANN STREET # AUTHORIZING REFUND OF OVERPAYMENT OF 2014 TAXES FOR 25-5 FRANKLIN COURT # AUTHORIZING EXECUTION OF A SOMERSET COUNTY MUNICIPAL YOUTH SERVICES GRANT APPLICATION # SUPPORTING NO PASSING ZONE ON ROUTE 202 # AWARDING A CONTRACT FOR MINE MOUNT ROAD SECTION 1, BODNAR STREET AND PARK LANE IMPROVEMENTS # SETTING RECREATION FEES # ACCEPTING MONTHLY REPORTS # EXPANDING THE DUTIES OF THE BOROUGH HOUSING INSPECTORS AS DEPUTY CODE ENFORCEMENT OFFICERS # AUTHORIZING AMENDMENT TO CONTRACT WITH NJ RENTAL INSPECTIONS # AUTHORIZING INTRUSION OF A FENCE INTO UTILITY EASEMENT ON BLOCK 146, LOT 10 # AUTHORIZING FILING OF DECLARATORY JUDGMENT COMPLAINT IN CONNECTION WITH THE BOROUGH S AFFORDABLE HOUSING OBLIGATION # AUTHORIZING PAYMENT OF BILLS Mr. depoortere moved approval of Resolutions # through # and # through # Mr. Youngblood seconded the motion and a call of the roll followed. Council 2

3 Members Birnbaum, DeLeo, depoortere, Waite and Youngblood voted yes. Mr. Macdowall, Public Works Manager, discussed the particulars of Resolution # and commented that the bid is in line with project estimates. Mr. DeLeo voted approval of Resolution # Mr. Birnbaum seconded the motion and a call of the roll followed. Council Members Birnbaum, DeLeo, depoortere, Waite and Youngblood voted yes. REPORT OF THE MUNICIPAL ATTORNEY Mr. Pidgeon s Report as of June 18 th was received, without comment. COUNCIL COMMITTEE REPORTS Public Safety Committee (Mrs. Waite, Chair). Mayor Sooy read the minutes of a meeting held with Somerset County regarding the Mt. Airy Project: Schedule was discussed; 3 month extension is a rumor. Contractor has made a claim for a time extension, the County has rejected it out of hand. Start date was pushed from December 15 th to January 5 th per the request from Boro on behalf of the Businesses in downtown. The Substantial completion of the project (Road Open) was pushed from November 12 th to November 26 th. The county is committed to the road opening date (November 26 th ), the County understands the impact on the businesses of Bernardsville and they are currently examining the re-sequencing of other areas to compress the schedule and optimize the work in place. The County stressed the Road opening is a goal (November 26 th ) that is predicated on no additional extraordinary weather occurrences (Snow/Ice or a Sandy) event. The project has re-sequenced work to complete ahead of the original scheduled time frame, drainage from homes and stone behind proposed walls to expedite schedule. The utility relocations have been an issue that the county has been working through, they were notified that Verizon has labor negotiations slated for June 22 nd and running through the first week of August. The county will be assessing the situation and addressing this with a plan to mitigate this situation if it ends up in a strike. The county has put together a one month traffic assessment plan with the local police, which we are in the third week of currently. The county engineer has financed the Bernardsville police with money to police the construction zone for four hours a day. The Police are manning random areas at random hours to collect data to be reviewed next week with the Freeholder, Police Chief and County engineer. Once the data has been collected and reviewed, the group will make the needed adjustments in the traffic control plan. Additional signage and truck weight exclusion signage will be reviewed and added where needed. The Freeholder made a commitment to meet once a month in this same venue to monitor the work and inform the attendees of all issues and problems. The County engineer said he would directly to the public works committee the meeting and schedule information in the future. Mr. Birnbaum said that Finance is preparing to issue bonds to permanently finance outstanding temporary debt. Staffing (Personnel) issues will be discussed in closed session. 3

4 For Engineering, Technology & Public Works, Messrs. DeLeo and Macdowall said the swim pool driveway will be paved this week, Liberty Road is scheduled for Monday, and Lakeview, Roebling and Hardscrabble Road work will begin later this week. Bids for Sycamore Hill Road are due June 25 th. Quotes for Boulderwood came in high. Alternatives to cut cost are being explored. Charlotte Hill work is on hold until other bids are received in order to determine if the budget can accommodate the project. Traffic control will be coordinated by the Police Department during Seney paving work. It appears costs to repair the Claremont steps have increased, and the project may have to be bid. Reasons for said increases were discussed. Other committee/commission reports. For the Recreation Committee, Mrs. Waite reported that pool memberships are down this year, but camp participation remains constant overall. ITEMS OF BUSINESS Concussion protocol Mrs. Waite reported that the Recreation Committee does not support adoption of the resolution on concussion prevention sent out by the New Jersey Safety Institute. It was noted that Somerset Hills Board of Education has a Policy on the Prevention and Treatment of Sports-Related Concussions and Head Injuries, and that all Recreation Department Coaches receive related instruction in their required training. This matter was tabled. Dunster Squibb 501c3 agreement A draft agreement was discussed. It was agreed that Mr. Pidgeon would review comments with Dan Lincoln of the Historic Preservation Advisory Committee, and provide another draft for the July 13 th meeting. Draft ordinance regarding commercial vehicles, boats, RV s and trailers Sam Maddaluna of the Housing Advisory Committee was present to discuss a draft entitled AMENDING AND SUPPLEMENTING CHAPTER 12 OF THE BOROUGH LAND DEVELOPMENT ORDINANCE ENTITLED "ZONING" BY ADDING PROVISIONS REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES INCLUDING BOATS, TRAILERS, MOTORIZED HOMES AND PICKUP CAMPERS. Council Members Waite and Birnbaum asked questions and expressed concerns about the potential impact on privately owned trailers, mowers, etc. Following discussion, Mr. Birnbaum moved to table the ordinance for clarification. Mr. depoortere seconded the motion, which was approved with four yes votes. Mrs. Waite abstained. Draft ordinance regarding parking of commercial vehicles An ordinance entitled AMENDING AND SUPPLEMENTING CHAPTER 12 OF THE BOROUGH LAND DEVELOPMENT ORDINANCE ENTITLED "ZONING" BY ADDING 4

5 PROVISIONS REGULATING THE PARKING AND STORAGE OF COMMERCIAL VEHICLES, was reviewed. It was agreed by Council Members present to prepare the ordinance for introduction on July 13. Agenda additions At this point in the meeting, Mr. Maddaluna requested permission to discuss other housing issues not listed on the agenda. He said the committee recommends a requirement to post floor plans in rental properties. It was agreed to consider an ordinance for this purpose at the July 13 meeting. The Housing Committee recommends adoption of a 10 day notice requirement to landlords when overcrowding is identified by inspectors. Mr. Pidgeon said this could be done via administrative decision, and that he would prepare a Resolution for consideration on July 13. Seney Drive basketball courts It was determined by Borough Engineers that three 50' x 84' basketball courts will fit on the Seney Drive rink adjacent to the pool. Mr. depoortere moved to obtain plans and specs for this project, at a cost not to exceed $3,000. Mr. Youngblood seconded the motion and a call of the roll followed. Members Birnbaum, DeLeo, depoortere, Waite and Youngblood voted yes. Turn the Towns Teal request Turn the Towns Teal is a national campaign to create awareness of ovarian cancer and its symptoms by tying ribbons primarily in town centers. Trish Krug, a Volunteer Coordinator with the campaign, requested permission to "TEAL" the center of Bernardsville again during September Consent of the five Council Members present was given to display ribbons in the center of Bernardsville during the month of September. Agenda additions Mr. depoortere mentioned that on August 27, the Bernardsville Library will host a program on the Lost Ravioli Recipes of Hoboken. The program is part of the Morristown Festival of Books, One Community, One Book Program, and the purpose is to generate enthusiasm for the festival in downtown Morristown on October 2nd and 3rd. John Macdowall, Public Works Manager, was asked about project management for the library conversion project? Mr. Macdowall said he will report soon on this matter. OPEN SESSION Mayor Sooy opened the meeting to the public. Hearing no comments or questions, the public portion of the meeting was closed. 5

6 CLOSED SESSION Mr. depoortere moved to adjourn to an executive session to consider (1) Contract negotiations B Railroad Station lease, (2) Contract Negotiations - Bernards Township Landfill, (3) Personnel Matters B Potential new hire, and (4) Contract Negotiations -- Potential Interlocal Agreement, and that the time when and circumstances under which the matters can be disclosed to the public is when they are finally resolved. Mr. Youngblood seconded the motion, which was approved with five yes votes. Mr. Pidgeon advised the public that action may be taken at the conclusion of the executive session. REOPEN It was moved and duly seconded, to reopen the meeting to the public. Mr. Youngblood moved adoption of Resolution #15-140, AWARDING BERNARDSVILLE RAILROAD STATION SUBLEASE EXTENSION TO RASHMI STORES, LLC AND BIREN JHAVERI. Mr. depoortere seconded the motion, which was approved with five yes votes. Agenda additions Mrs. Waite mentioned receiving a Resolution from the Borough of Laurel Springs supporting the "Transparent Tax Act of 2015", and asked that the Borough consider adopting a similar resolution. The Borough Clerk advised that Bernardsville adopted Resolution #15-97, supporting the act on April 13, Mr. Birnbaum spoke about regulations concerning generator noise and asked who would address questions in this regard? Mr. Pidgeon referred him to the Planning Board. Moved, seconded, and approved at 8:55 p.m. ADJOURNMENT BC MIN 6