BOROUGH OF BOUND BROOK REGULAR MEETING MINUTES TUESDAY, JULY 26, 2011 Mayor Pilato called the meeting to order at 7 PM with a reading of the Open Public Meetings Law Statement, Opening Prayer read by the Borough Clerk and the Pledge of Allegiance. ROLL CALL Mayor Pilato present Council Dietrich present Council Petti absent –arrived @ 7:22 p.m. Council Buckley present Council Wagner present Council Hasting absent-arrived @ 7:25 p.m. Council President Pranzatelli present Present: Randy Bahr, Borough Administrator Donna Marie Godleski, Borough Clerk Louis Rainone, Esq.-Borough Attorney Deputy Police Chief Jannone Mayor Pilato announced the items on the agenda. Resolution 11: 99Authorize hire of three (3) Police Officers to the Borough of Bound Brook Police Department Motion moved by C. Dietrich; second by C. Buckley; All in favor: Ayes Mayor Pilato announced the following individuals in attendance: Somerset County Prosecutor Soriano Former Mayor Frank Ryan Former Councilman Edward Custy Former Police Chief Anthony Cimino Former Deputy Police Chief Thomas White Page Two July 26, 2011 minutes Deputy Chief Jannone provided a brief background of each individual. The Oath of Allegiance for the position of Police Officer was administered by Mayor Pilato. Their respective families and friends were in attendance. Frank J. Waller Gerard Flanagan Jr. Robert Pikulin Motion moved by C. Dietrich; second by C. Buckley; all in favor for a five minute recess To extend congratulations, pictures and refreshments. Motion moved by C. Pranzatelli, second by C. Wagner to open the regular meeting. Approval of Minutes July 12, 2011 Agenda/Workshop Meeting Motion moved by C. Dietrich; second by C. Wagner; All in favor: Ayes; Abstain-C. Buckley; C. Pranzatelli Greetings of the Public and Invitation for Discussion Frank Ryan- 123 W. High Street He thanked the governing body for the work that was completed on High Street. He commented on the street sweeper not doing a very good job in the Church Street area. Committee Reports Economic Development-C. PranzatelliReported onRiverfest’s sponsor donations to date. Bolmer Site- Meridia, Inc. is conducting a market study with a site visit scheduled this Thursday. East Bound Train Station-A request for more details on the lighting. Mr. Bahr noted The lighting has been approved by SHIPO at the last meeting. C. Pranzatelli noted that the discussion he had earlier before the meeting may apply to a different lighting. Page Three July 26, 2011 minutes Finance-C. Wagner- No ReportC. Wagner requested that finance committee meetings be scheduled to start working on the 2012 budget. The first meeting will be scheduled for next Tuesday at 5:30. Mr. Bahr reported that he received the tax rate from the county. He expects the tax bills to be going out next week. There will be an extended grace period of twenty five days from date of mailing. It is 2.2 cents higher than last year. The rate is 3/10ths of 1% of an increase. Mayor Pilato asked that a copy of the rate sheet be placed in the council mailboxes. Personnel, Administration & Ordinances –C. Hasting He reported that Mr. Bahr is tracking changes in state policies. He will have a Personnel Policy for the borough ready for the next meeting. The passage of new laws will be incorporated. C. Pranzatelli asked Mr. Bahr if there was any response from the state on the resolution we recently passed on the Memo of Understanding. Mr. Bahr noted there has been no response to date. Mayor noted that the resolution we signed last year was effective through 2011. Public Safety- Police, Fire & Rescue - C. Dietrich The Police and Fire activity report for June, 2011 was read into the record of minutes. Public Works, Bldgs, Grounds & Utilities - C. Petti No report. Mayor asked Mr. Bahr who maintains the entrance at Tea Street and Talmadge Avenue. Mr. Bahr stated that according to the Army Corps of Engineer the County will eventually maintain. Mayor also asked who maintains the entranceway to Bound Brook at Mountain and Route 22. The grass is three to four feet high. Mr. Bahr stated he would look into that. Zoning, Construction & Code Enforcement- C. Buckley The monthly activity report for June, 2011 was read into the record of minutes. Page Four July 26, 2011 minutes Resolutions R11: 100 Authorize Change Order No. 2-Reconstruction of Metape Circle-Reivax Contracting Corporation Motion moved by C. Hasting; second by C. Wager; All in favor: Ayes R11: 101 Authorize Change Order No. 3-Reconstruction of High Street-AMC Industries, Inc. Motion moved by C. Pranzatelli; second by C. Hasting; All in favor: Ayes R11: 102 Authorize Person to Person and Place to Place Transfer from Peggy E. Stalford Chapter 7 Trustee for Debtor Estate of Rosina T., Inc. t/a Rosina’s Restaurant located at 440 West Union Avenue to Alley 14 LLC located at 12 Church Street Motion moved by C. Pranzatelli; second by C. Hasting; All in favor: Ayes R11: 103 Accept settlement proposal for tax appeals Michael P. Picone-Years 2009/2010/2011 – Block 13, Lot 7-526 East Second Street Mr. Bahr provided a brief purpose of the resolution. Motion moved by C. Hasting; second by C. Petti; All in favor: Ayes R11: 104 Approval of Vouchers Motion moved by C. Wagner; second by C. Hasting; All in favor: Ayes Old Business 2011 Road Projects –Review list of Resurface and Reconstruct – Mayor Pilato asked that crack filling be added to the program. Mr. Bahr recommended this as a separate ordinance. C. Wagner asked that the Finance Committee and the Public Works Committee be given an opportunity to review. A meeting will be scheduled for next Tuesday at 5:30 p.m. Mr. Bahr asked if the two committees come to a consensus on roads, can he go ahead and prepare a bond ordinance for the next meeting. Mr. Bahr was instructed to prepare an ordinance. He will be provided with one set list of roads for the bond ordinance. Page Five July 26, 2011 minutes Review Entranceway at Billian Park to hold future events C. Hasting reported he met with Recreation Director Dominic Longo. There are two entrances that are accessible for the park which would require minor modifications to landscaping. We are trying to get in touch with the carnival company to come out and verify that they can make the turn. Mayor stated that the police department should have the measurements to figure out the proper access way for a tractor trailer. Deputy Chief Jannone noted that you need to figure the best egress and access and put a permanent base under, so the big area can still be used for this function and maintain the beauty of the park. Mayor stated that we need to try and figure out what is the best way. C. Pranzatelli offered a suggestion to meet with Mr. Billian. He noted if we go in and do damage we risk losing the funding for Billian Park which the borough cannot provide. C. Dietrich commented on the letter and e-mails that were in the meeting packet. He noted that he is seeing this correspondence for the first time. The Recreation Director was copied, but the council and Recreation Chairperson was not. We need to be informed. A decision has to be made regarding this matter. He felt that the park should be shared by all. Not only for carnivals but for other events as well. Mayor noted that Mr. Billian’s position is that the park is not to be used for carnivals. He does not concede any plan other than people walking in the park. It becomes our duty as town leaders to make that decision, as it is borough property. Mayor reviewed when he heard about a pathway being put in the park after the May 2011 Firemen’s Carnival occurred. Mayor mentioned to Mr. Billian and Mr. Longo that it was not a good idea. A week or so later the pathway was put in. The only concept this council approved had a pathway going around the jungle gym area. The council did not see the pathway detail that was put in. He expressed his concerns on how the park is being used now. The soccer games are happening in the parking lot area. It was never the Billian Park Foundation intentions for a jock park. C. Buckley agreed to meeting with Mr. Billian to discuss the viewpoints on landscaping. We need to take into account the person that is investing so much into the town. C. Pranzatelli encouraged meetings and compromise so we can have a carnival at Billian Park. There are ways to do this. He offered a suggestion that the carnival rides be set up on the asphalt area. If both sides do not come together, we will have nothing. Page Six July 26, 2011 minutes Mayor noted that the borough granted an approval to St. Josephs for the Fiesta and that improvements were done after the approval was granted. We now need to determine if the carnival should remain at Billian Park or at Codrington Park. Mayor Pilato suggested C. Hasting should meet with Mr. Longo, Recreation Director to create an entranceway least intrusive where trucks would come in off of East Second Street. Also, maintain some of the botantical aspects that Mr. Billian is looking for. Also, review a crossover on the asphalt path. Mayor offered a resolution for the council stating this on an interim basis. We do not want to cause any harm to St. Josephs. They need to move the carnival forward. C. Buckley was not in favor with moving forward on this. He felt sending this information to Mr. Billian will cause him to pull away from the park. There are plenty of options to explore. C. Pranzatelli stated we should meet with Mr. Billian before we do anything. We already authorized the event and the location. He suggested limiting the inside circle of the park to the light activities or we do not do anything. C. Hasting stated that we owe it to the church to make a decision. We can implement the logistics after action is made. Mr. Billian is already aware that the carnival is being held at the park. The separation of the two areas of the park is not a good plan for the carnival. C. Dietrich noted that we did instruct C. Hasting at the last meeting to meet with Mr. Longo on this matter. C. Wagner noted that the park is for the people of Bound Brook. It is important that we support our churches and fire department. The greatest value in his opinion is to have people in the park enjoying it. Mayor suggested following the advice from our Recreation Director to have C. Hasting solicit an entranceway with the compliance of the Bound Brook Police so it can go forward. A meeting with the Billian family and the Recreation Commission was encouraged. Mayor noted that the opinion out there is to have the carnivals at the Bridgewater Ball Park Stadium. The council should vote to authorize C. Hasting to move forward on this. Mayor stated that right now the carnival cannot occur there. It is better for the council to make a decision so St. Joseph’s can move forward. Page Seven July 26, 2011 minutes Mr. Bahr noted that the issue is the size of the carnival. The pathway was not a concern. You can place plywood over the pathway. The only concern was bringing the trailers in. Mr. Bahr did note that the pathway was done improperly. There was no authority to do that. Joseph Gullia, Assistant Fire Chief offered his comments. There is an accessibility issue. The road is too narrow now. He expressed his concerns also with having a helicopter land in this area. Mayor noted that you want the area to be contiguous. If you have a separation of the carnival, you have children at that age where it is to far for them to walk. Mayor noted that you have two options. To not do anything or create a pathway so that a carnival can occur. C. Hasting noted that the rocks and the dirt pile have to be addressed and the Recreation Commission is taking care of that. C. Dietrich referenced the correspondence the council was copied on from Mr. Billian. He noted again, this is the first time seeing this correspondence. He questioned why the council or the chairperson to the recreation commission was not copied on this correspondence until now. He noted, according to Mr. Billian’s letter, he does not want any activities at the park, just a botanical garden. He just wants people walking through the park. C. Dietrich stated in his opinion the park is for the use of the residents of the Borough of Bound Brook. C. Hasting noted that we already approved the carnival. The most important thing now is how we move ahead with minimal damage. C. Hasting stated that he met with Mr. Longo and discussed how to do this with minimal damage. This is a more responsible tact to take on this. We should not rethink about having the carnival there. The park should be used by all, fire departments, churches, etc. Emotions are high right now over this. We need to sit down and talk with Mr. Billian. C. Hasting offered a motion to approve the access for heavy equipment into Billian Park and authorize public works to move the boulders and the dirt pile in the park C. Wagner offered a secondRoll Call: C. Dietrich yes C. Petti yes C. Buckley no C. Wagner yes C. Hasting yes C. Pranzatelli no Motion carried. The access way is approved. C. Hasting noted that he will work with Mr. Longo on the access way. Mayor suggested that the Public Works and Recreation Commission also meet with C. Hasting and Mr. Longo. Page Eight July 26, 2011 minutes Special Event –St. Joseph’s Fiesta – will remain at Billian Park - Vacancy-appointment to the Somerset County Solid Waste Advisory Board – Pending- Presentation -New Jersey American Water Company – Mayor will have some dates soon from the water company to meet with the borough and the engineer on other issues. Recognition for Mr. Albert Senna- World War II Hero - Mayor noted this is still being worked on. New Business ApprovalsFiremen’s ApplicationAnthony N. Palmieri-Watchung Fire Company No. 3 Anthony N. Parker- Relief Fire Co. 4 Motion moved by C. Dietrich; second by C. Buckley; All in favor: Bound Brook Hose Co. #1- Coin Toss Union & Vosseller Avenue-E. Main & Hamilton Street August 6, 2011 – 10 a.m. – 1 p.m. Rain date-August 13, 2011 Motion moved by C. Dietrich; second by C. Hasting; All in favor: Ayes Open to public on agendized matters only Joe Gullia- Assistant Fire Chief- 642 Winsor StreetHe noted C. Wagner’s comments. He noted that having the Fire Department Carnival Event is a celebration of the Department, since its organization in 1889. He is hoping that the fire department will continue to have this event. He noted that he did not understand how a walkway was put in and dirt was just left behind. C. Hasting stated that it was left there to fill the ruts. Mr. Gullia noted that some blame needs to be put on the Recreation Department. He noted that he was down at the park this evening and said it will be tough for next year to have their carnival there. Page Nine July 26, 2011 minutes He may have to downsize the carnival. He asked to be contacted if there are going to be meetings. He wants to stay involved. He noticed that some plants were already moved for an entranceway. He offered a suggestion to have it moved over more toward the circle. Mr. Gullia stated that there is other work going on at the park. He has concerns with the pavers placed in the park. Mr. Bahr stated he would look into that. C. Dietrich expressed his concerns on this other work going on. Is this according to the plan of the park? C. Buckley noted that we now need to make the best out of the design. He offered a suggestion to go straight through the middle; this will allow moving a few bushes. Bruce Gorski- 356 Cherry AvenueHe noted he was a member of the Fire Department. He asked if there was an agreement with Mr. Billian for the funding of the park and how long is it for. C. Pranzatelli noted that there is a foundation in place that is set to maintain the park. Mayor noted that he believes there is a 2006 resolution of agreement between the Borough, American Legion and Robert Billian. This agreement establishes that the park would become Billion Legion Park owned by the Borough, proceeds in a living trust of Robert Billian and the American Legion. Since then, a concept was presented in 2007-08 for improvements to the park. No other presentations after that. Mr. Gorksi asked if the Recreation Commission has sought input from the residents as to what they want in the park. C. Dietrich noted that there has not been any input on the park from the American Legion. He also stated that the park can also be a site for craft shows, antique shows, car shows, not only for a carnival. Mayor Pilato noted worst case scenario, maintenance of the park becomes a cost that the borough would incur. It is a potential. Let us move forward with the decision of the council. Mr. Billian needs to know that. Page Ten July 26, 2011 minutes C. Wagner noted when he was on council in the 1980’s. He then negotiated with Mr. Robert Billian on the original concept of the park. Mr. Billian foresaw a place where the American Legion would have its own ball field and other league fields. A place where kids would come to play ball, football, soccer, and throw frisbies. There should not be any improvements to this land without the approval of this council. The council and Recreation Commission not knowing about these improvements is bizarre. Executive Session_ R-11: 105 (Personnel; ) Potential Litigation; Potential Negotiation; Matter: (State v. Kenneth Henderson, St. Joseph’s Carnival; Bank Property Route 28; Reivax Corporation-Metape Drive ) No action will be taken afterwards. C. Dietrich noted that Deputy Police Chief will be attendance for the session on St. Joseph’s Carnival only. Motion moved by C. Dietrich; second by C. Hasting; All in favor: Ayes Motion moved by C. Dietrich; second by C. Petti to adjourn meeting at 10:20 p.m. Respectfully submitted by, Donna Marie Godleski, Borough Clerk