August 6, 2012 â Packet - Borough of Hightstown

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Councilmember Thibault recused himself from discussion and vote on this ordinance, making the following statement: “On June 25, Mayor Kirson received a letter from the law firm of Mets, Schiron and McGovern, the counsel to the Hightstown PBA Local 283 demanding that I be barred from participation in any matter concerning the police department.” I received a copy of the letter by email from the Borough Attorney the next day. I have copies of the letter for anyone interested. Lest anyone be concerned that this letter be perceived as a threat, the PBA attorney assures the Mayor that “We are bringing these matters to your attention with the hopes of preventing litigation by the PBA against the Borough and a possible claim under the Local Government Ethics Law.” The issue raised by the letter is the Notice of Claim that has been filed on my behalf against the Borough and the Police Department. Officer Benjamin Miller is also named in my Notice of Claim but his name is curiously absent from the letter. I’ll take a minute to provide some background. In December of last year, West Windsor Municipal Court Judge Mary Brennan ruled that – and I quote – “Police Officer Ben Miller undertook an investigation of mayoral candidate Rob Thibault not only for the purpose of discrediting candidate Thibault and influencing the November 2010 Hightstown Borough election in favor of the police department but also in retaliation for the defendant’s exercise of his first amendment right of free speech.” Then just last month the Appellate Division of Superior Court ruled in my favor, saying “At the outset of the incident, the officer represented that the stop was random. This was not an accurate statement. Only after plaintiff pursued the matter and acquired the reports, which defendants sought to withhold, did the truth emerge. We cannot countenance or reward misstatements designed to mislead a litigant simply by assuming that the truth will be revealed through the discovery process. Had plaintiff not gained access to the various investigative reports, he might not have learned the truth about what transpired here. The government cannot participate in deception and use that conduct as a basis for denying a litigant procedural benefits that enable him or her to bring a lawsuit against that very defendant.” Since talking a seat on Council, I have recused myself from any executive session in which anything to do with this case. I have also abstained from votes relating specifically to the officer or officers involved. But that has not been enough for the PBA. Now they are seeking to achieve what Officer Miller failed to do: intimidate me into obedience and silence and subvert the voters of Hightstown by stating that I “should not be allowed to participate in any matters that involve the Police Department. “ This action by the PBA ill serves its members who serve professionally and adhere to and support the rule of law. I cannot imagine that those members support the actions of the union anymore than they supported the retaliatory actions of Officer Miller. It pains me to give into such thuggish behavior, but given their blackmail-like threat of “litigation by the PBA against the Borough,” I feel it is in the best interests of the Borough to recuse myself – under strong protests – from issues concerning the police until I can seek an advisory opinion from the Local Finance Board, the state body responsible for conflict of interest.” Council President Quattrone moved ordinance 2012-07 for introduction, Councilmember Bibens seconded. The Mayor then explained that this ordinance is to add Special Officers to assist our Police Department when needed and are not replacement Officers. Police Director LeTellier explained that this would be less costly than paying overtime to regular Officers and summarized the duties that could be covered by the Special Officers. There was discussion. Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault was recused. Ordinance introduced 5-0, with one abstention; Public Hearing July 16, 2012. Ordinance 2012-08 First Reading and Introduction An Ordinance Amending and Supplementing Chapter 14, Entitled “Property Maintenance”, Section 14-10, Entitled “Enforcement and Penalties,” of the Revised General Ordinances of the Borough of Hightstown, New Jersey”. Councilmember Woods moved ordinance 2012-08 for introduction, Councilmember Bibens seconded. July 2, 2012 - 3 -
Mr. Theokas explained that this ordinance is adding the title of Housing Inspector to the ordinance as one who is authorized to enforce and issue summonses for violations; there may be a possible change to this title in the future but it is necessary to add this title for enforcement at this time. There was discussion. Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes Ordinance introduced 6-0; Public Hearing July 16, 2012. Mayor Kirson opened Public Comment Period I and the following individuals spoke: George Zhelesnik, 7 Ely Court – commented regarding the five year PBA contract; police overtime and specials; the need for police in the community, the cost of a new police facility and the police department cost overall; we should consolidate. Frank Rivera, 110 Broad Street – commented regarding Borough Hall and funding; Council fiscal responsibility; and stated that the resolution is so benign. Eugene Sarafin, 628 S. Main Street – commented that he likes the Special Police ordinance; the headlines in the Trenton Times; resolution is trivial; OPRA and Sunshine Law; the Governor J P Gibbons, 602 N. Main Street – commented regarding the five year PBA contract; taxpayer bills and cost controls; revenue; budget; Route 33 corridor; taxi ordinance; and Housing Inspector. There being no further comments, the Mayor closed the public comment period. Resolution 2012-175 Authorizing the Payment of Bills Council President Quattrone moved Resolution 2012-175, Councilmember Woods seconded. Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes. Resolution adopted 6-0. Resolution 2012-175 BOROUGH OF HIGHTSTOWN COUNTY OF MERCER STATE OF NEW JERSEY AUTHORIZING PAYMENT OF BILLS WHEREAS, certain bills are due and payable as per itemized claims listed on the following schedules, which are made a part of the minutes of this meeting as a supplemental record; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Hightstown that the bills be paid on audit and approval of the Borough Administrator, appropriate Department Head and the Treasurer in the amount of $110,903.46 from the following accounts Current $ 42,929.44 W/S Operating 51,019.96 General Capital 750.00 Water/Sewer Capital 11,247.00 Grant 785.00 Trust 167.95 July 2, 2012 - 4 -
Page 1 and 2: Agenda Hightstown Borough Council R
Page 3 and 4: Discussion Public Comment II Hurric
Page 5 and 6: Meeting Minutes Hightstown Borough
Page 7 and 8: that the agenda was approved with t
Page 9 and 10: Council President Quattrone moved r
Page 11 and 12: WHEREAS, the Chief Finance Officer
Page 13 and 14: Federal Forfeiture Carmela Roberts,
Page 15 and 16: BOROUGH OF HIGHTSTOWN COUNTY OF MER
Page 17 and 18: Resolutions 2012-168, 2012-169 and
Page 19 and 20: WHEREAS, the tax records of the Bor
Page 21 and 22: noted that the Rug Mill property is
Page 23: Councilmember Thibault Comments “
Page 27 and 28: Roll Call Vote: Council members Bib
Page 29 and 30: WHEREAS, Wyckoff’s Mill Condomini
Page 31 and 32: WHEREAS, the Borough Engineer has i
Page 33 and 34: Councilmember Doran moved Resolutio
Page 35 and 36: Council President Quattrone - noted
Page 37 and 38: discussion conducted at said meetin
Page 39 and 40: The Borough Attorney confirmed that
Page 41 and 42: BE IT ORDAINED BY THE BOROUGH COUNC
Page 43 and 44: stormwater management strategies in
Page 45 and 46: Lucia Cruse, B11 Garden View Terrac
Page 47 and 48: Council President Quattrone moved o
Page 49 and 50: 3. The lieutenant, if one is then s
Page 51 and 52: Subsection 2-19.13 Subsection 2-19.
Page 53 and 54: k. Conduct of Officers. Special law
Page 55 and 56: or withdraw it. 14-10.4 Violations
Page 57 and 58: Police Director shall mean the pers
Page 59 and 60: determination that the proposed loc
Page 61 and 62: (7) Kidnapping (8) Robbery; (9) Agg
Page 63 and 64: e. Use of License. Taxicab driver
Page 65 and 66: 1. Failure to render reasonable, pr
Page 67 and 68: conspicuous place, or by clearly vi
Page 69 and 70: a. The locations described are here
Page 71 and 72: Law Enforcement Trust 15.75 Housing
Page 73 and 74: 8. The manner through which the mun
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Councilmember Thibault - hopes that
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Hightstown Police Department 415A M
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Hightstown Police Department 415A M
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Resolution 2012-198 BOROUGH OF HIGH
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Subsection 2-55.2 Fees for Copies.
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Subsection 2-55.4 Denial of Examina
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Ordinance 2012-13 BOROUGH OF HIGHTS
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payment of the purchase price plus
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(a) The improvements or purposes de
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1. The disposition of new or additi
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investigate the all applications. A
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(d) (e) (f) (g) Applicant must supp
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than thirty (30) miles an hour abov
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shall have the right to be represen
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a. Licenses issued pursuant to this
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Introduced: July 16, 2012 Adopted:
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place, or by other clearly visible
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k. Taxicab drivers and passengers s
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to that portion of the Ordinance ac
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2. This ordinance shall also be app
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Introduced: July 16, 2012 Adopted:
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August 1, 2012 Borough of Hightstow
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HIGHTSTOWN BOROUGH 154 North Main S
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August 6, 2012 â Packet - Borough of Hightstown

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August 6, 2012 â Packet - Borough of Hightstown