MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
APRIL 25, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, April 25, 2007 at 7:00 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 7:00 P.M. until 7:30 P.M.
RESOLUTION #07-118A
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Mr. Briggs, seconded by Mr. Aroneo, Resolution #07-118 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 7:03 p.m.
The Township Committee reconvened to Regular Session at 8:12 p.m.
Mr. Collins led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mayor Vitureira announced that Mr. Sluka submitted his resignation, thanked him for his dedication and years of service and wished him good luck in his new position as Administrator in Somerville.
Mr. Collins stated that it has been a pleasure to work with Mr. Sluka for the last 1.5 years and he will miss him. Mr. Collins apologized that he has to leave the meeting. Mr. Collins left the meeting at 8:14 p.m.
Mr. Sluka presented the following report:
- No food vendor service bids were received at today’s bid opening. It will be put out to bid again and if no bids are received a second time, the Township will be able to negotiate a contract.
- A sewer line collapse occurred on Valley Road over the weekend. The current cost to date is $28,630.00.
Mr. Sluka stated that it has been a pleasure working with Long Hill Township and he will miss the organization.
Mr. Aroneo thanked the DPW employees for discovering the sewer line collapse and for their hard work in fixing it.
Ms. Genovese stated that there was an article in the Echoes-Sentinel from Arthur Lenox, in which Mr. Lenox stated that the Sewer Treatment Plant does not have the personnel to run the system from sewer connection to treatment and, as a result, equipment maintenance and replacement has been compromised and neglected. Ms. Genovese stated that Mr. Lenox had also written that the pump station repair is $10 million when it’s actually $1.4 million. Ms. Genovese stated that the comments are not fair to the sewer department employees; they are dedicated employees.
Mr. Sluka explained the request from the Chamber of Commerce, the Township usually provides ancillary services for the events and information regarding the Freedom Tour Bike Race and Stirling Street Fair is on the Township website. Mr. Pidgeon stated that the date in the last line of Resolution 07-128 should read July 22nd.
Mayor Vitureira opened the meeting to the public for questions or comments related to the Freedom Tour Bike Race. No one wished to be heard.
Mayor Vitureira requested that Ken Fullagar, OEM Director, say a few words regarding the recent State of Emergency.
Mr. Fullagar explained that the water reached 9.5 inches at the Millington Flood Gates, areas of the Township which are not normally too bad were and therefore Mr. Fullagar issued a State of Emergency after conferring with the Mayor, Police Chief and some Department Heads. A State of Emergency enables the Township to do whatever is necessary in order to save life and property. Local Schools, except for the High School, were shut down for two days for the safety of the children and at one point, no road in the Township was open from east to west. CERT members made sand bags, put up barricades, redirected traffic and 36 members were called by the Red Cross to assist with relief efforts in Fairfield. Mr. Fullagar thanked the public for being cooperative and the fire companies and township employees for all their help.
Mayor Vitureira stated that emergency service personnel did an outstanding job and thanked the CERT members.
Ms. Genovese stated that she hopes that the Governing Body will add money to the CERT budget next year and that it is a shame that the CERT program was not fully funded this year.
Mayor Vitureira opened the meeting to the public for questions or comments regarding the State of Emergency.
Tom Behr, Millington, voiced concern regarding the under funding of the CERT program in the 2007 budget and inquired if fundraisers will have to be held in order to meet the program’s needs. Mr. Fullagar stated that he believes that it was an oversight and he had previously spoken about corporations donating funding, not holding fundraisers. Mr. Fullagar further stated that he was assured by the Mayor that the CERT program will receive funding somehow at the end of the year, if needed.
Don Knowles, Gillette, stated that he was away when the flood occurred and he was unaware of the extent of the flooding.
Mayor Vitureira stated that met with the Army Corps of Engineers and NJ Engineers regarding the Flood Wall Project today. Mr. Sluka stated that the project design has been 90% complete for some time and the Army Corps will not take any further action until the funding is in place to do so; the project is currently waiting for Congressional disbursement of money. Mr. Sluka noted that the Flood Wall Project in Parsippany and Oakland did very well during the recent storm, the Township has a nine month window for handling the easements which will be needed for the wall and a map showing how this storm would have been lessened if the Flood Wall had been in place is available. Mayor Vitureira stated that the map is at Town Hall and encouraged anyone who is interested to review it. Mayor Vitureira further stated that the State decided to ask for a waiver of the moratorium and Long Hill Township will join the application.
Mayor Vitureira opened the meeting to the public for questions regarding the Flood Wall Project. No one wished to be heard.
Mayor Vitureira read a letter from Donna Strock, Millington, regarding fishing at Stirling Lake. Ms. Strock had written that Stirling Lake is a safe place for children to fish and suggested that the no fishing ban be lifted from the pond section of Stirling Lake. A discussion ensued. Mr. Pidgeon stated that the Ordinance could read that there is no fishing when “No Fishing” is posted, similar to no ice skating.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that fishing be permitted at Stirling Lake for the next 6 months while the Governing Body further considers the issue.
Chief Peoples stated that fishing should not be allowed in the swimming portion of the lake.
Mayor Vitureira clarified that fishing would only be permitted in the fishing lake. Mr. Pidgeon stated that State fishing licenses would be required.
Mayor Vitureira inquired if any members of the audience would have a problem with allowing people to fish in the fishing lake. There were no concerns.
The vote to permit fishing in the fishing portion of Stirling Lake for the next 6 months was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Absent
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira directed that the Ordinance be reviewed, a new ordinance be introduced and encouraged suggestions from residents.
Mayor Vitureira stated that he was approached by Bill Watts regarding what will be done with the old Town Hall and decided that a committee should be created to deal with the issue.
Mayor Vitureira opened the meeting to the public for any questions or suggestions regarding the old Town Hall. There were none. Mayor Vitureira suggested that Mr. Watts be the Chairman of the Old Town Hall Committee and that other members be nominated at a future meeting.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Bill Watts be appointed as the Chairman of the Old Town Hall Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Absent
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira invited Phyllis Clemson, President of the Library Board of Trustees, to the podium to introduce the new Library Director. Ms. Clemson introduced the new Library Director, Mary Martin, and spoke regarding Ms. Martin’s previous work experience. Ms. Clemson invited everyone to attend the Children’s Room Mural Dedication/Formal Introduction of Ms. Martin which will be taking place on June 3rd at 2:00 p.m. The Governing Body welcomed Ms. Martin. Ms. Martin stated that she is happy to be here and looks forward to working with everyone.
Mr. Aroneo read by title:
Ordinance #203-07 entitled “An Ordinance Authorizing Various Renovations and Improvements to the Wastewater Treatment System Including the Registration, Permitting and Removal of Underground Storage Tanks at the Wastewater Pumping Stations and Appropriating $125,000 from the Contribution in Aid of Construction Fund – Sewer”.
Mayor Vitureira requested that Mr. Sluka explain the Ordinance. Mr. Sluka explained that the expenditure is for the registration and removal of underground storage tanks which no longer work. DEP’s original position was that the tanks could be registered as one unit, the DEP has since changed its position and is requiring that all the tanks be registered individually and will not allow the removal of the tanks before they are registered.
Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #203-07.
No one wished to be heard and Mayor Vitureira closed the hearing to the public.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, that Ordinance #203-07 be passed on final reading and adopted as published. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Absent
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public for questions or comments related to the Consent Agenda Resolutions.
Dennis Sandow, Millington, stated that Resolution 07-128 should read July 22nd and Resolution 07-126 should read Monday.
Tom Behr, Millington, stated that Governing Body members develop the required expertise to understand the job as they serve, the current majority has an average of 1 year of experience which makes the administrator position very important. Mr. Behr inquired what provisions are in place to assure that Long Hill Township will have an administrator as professional as the Township has enjoyed with Mr. Sluka. Mayor Vitureira stated that a search will be done.
Ms. Genovese stated that this is a sad day for Long Hill Township; Mr. Sluka was well regarded by the employees and volunteers. He was well spoken, his service to the community was outstanding, he always had the Township in his heart and he will be greatly missed. Ms. Genovese stated that she hopes that someone half as good as Mr. Sluka is found to fill the position and thanked Mr. Sluka for everything.
Jay Haddad, Millington, jokingly stated that perhaps Dennis Sandow could be appointed as the new administrator.
Gary Pratt, Gillette, thanked Mr. Sluka for his patience, helpfulness and for always making sure that the public understood the answers given to them.
Spiro Koutsogiannis, Millington, thanked Mr. Sluka for his service, professionalism, charisma and integrity. Mr. Koutsogiannis stated that Long Hill Township is losing a very good man and wished Mr. Sluka all the best in Somerville.
Craig Tuma, Gillette resident and owner of Valley Memorial Funeral Home, stated that Mr. Sluka always presented himself professionally, went above and beyond the call of duty and will be missed.
Minhaj Hassan, former Echoes-Sentinel Reporter, thanked Mr. Sluka for all his help, stated that Mr. Sluka always returned his calls and no other administrator comes close to the kind of service and intelligence Mr. Sluka provided. Mr. Sluka would always explain archaic subjects in laymen’s terms, Somerville is very lucky to have him and Long Hill Township will suffer without his guidance. Mr. Hassan stated that he heard a lot of rumors and speculations regarding why Mr. Sluka is leaving and wished him luck and success in the next stage of his life.
Chief Peoples stated that he was immediately struck by Mr. Sluka’s communication and interpersonal skills; he immediately developed a repore and trust with the Department Heads. He has integrity above reproach and he always did what was best for the Township. Chief Peoples wished Mr. Sluka all the best and stated that this is a sad day for the Township.
Larry Fast, Gillette, stated that he has interacted with many municipalities and Mr. Sluka is known by all of them. He will be missed, he has always been helpful and wished him much luck.
Karl Schlegel, Stirling, stated that Mr. Sluka will be greatly missed by the Township. He has never seen Mr. Sluka angry, he has been a stabilizing influence for the public and employees, who will greatly miss him. He has brought in a lot of grant funding over the years and has been a great asset to the community. Mr. Schlegel thanked Mr. Sluka for his service and stated that he is sorry that Mr. Sluka is leaving.
Len Hamilton, Meyersville, stated that it is a sad day for Long Hill Township. Mr. Sluka was always very professional, understood what was going on, and no matter how many things he had on his plate, he would deal with the problem until it was solved. Mr. Hamilton stated that he will miss Mr. Sluka very much.
Bill Hopcraft, Millington, stated that Mr. Sluka was a great help to him during his years on the Township Committee and Planning Board and thanked him for making it an enjoyable experience for him. Mr. Hopcraft wished Mr. Sluka all the best in his new position, thanked Mr. Sluka for everything he did for the Township and for him personally and stated that a new administrator will not measure up to Mr. Sluka.
Don Knowles, Gillette, stated that he is disappointed to hear that Mr. Sluka is leaving. He was the best administrator Long Hill Township has ever had.
Mr. Fullagar stated that all the support Mr. Sluka provided him with projects and their funding will be greatly missed and was greatly appreciated.
Lou Casella, on behalf of the Seniors, wished Mr. Sluka all the best of luck. Mr. Casella stated that the Seniors always presented Mr. Sluka with unique problems which he always managed to solve and he also helped the Seniors get through all the permits and grants for the building of the Senior Center.
Mr. Sluka stated that he enjoyed working for Long Hill Township; the community needs to come together, there have been divisions and disagreements which the public has unfortunately witnessed and a recommitment to the organization needs to be made. Mr. Sluka stated that it seems like he was hired only a short time ago, he learned a lot of things, interacted with a lot of fantastic people and learned a lot of facets of different areas. Mr. Sluka stated that the Township has come a long way in six years and things seem to come together if enough energy, effort and time are invested. Mr. Sluka stated that he hopes that things will come together and encouraged people to stay committed to the organization as volunteers and employees. Mr. Sluka thanked everyone, stated it’s a sad time for him, but hopefully also a happy beginning.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, the following Consent Agenda Resolutions, were introduced and adopted:
RESOLUTION 07-119
APPROVING EXECUTIVE SESSION MINUTES – APRIL 11, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of April 11, 2007.
RESOLUTION 07-120
APPROVING REGULAR SESSION MINUTES – MARCH 14, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of March 14, 2007.
RESOLUTION 07-121
APPROVING RAFFLE LICENSE # 07-06 – SHRINE OF ST. JOSEPH
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 07-06 to the Shrine of St. Joseph for an Off-Premise Tricky Tray Raffle to be held on September 15, 2007 at 4:00 p.m. at 1050 Long Hill Road, Stirling, New Jersey 07980.
RESOLUTION 07-122
APPROVING RAFFLE LICENSE # 07-07 – SHRINE OF ST. JOSEPH
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 07-07 to the Shrine of St. Joseph for an Off-Premise 50/50 Raffle to be held on September 15, 2007 at 4:00 p.m. at 1050 Long Hill Road, Stirling, New Jersey 07980.
RESOLUTION 07-123
APPROVING RAFFLE LICENSE # 07-08 – SHRINE OF ST. JOSEPH
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 07-08 to the Shrine of St. Joseph for an Off-Premise Raffle to be held on October 6, 2007 at 2:00 p.m. at 1050 Long Hill Road, Stirling, New Jersey 07980.
RESOLUTION 07-124
APPROVING RAFFLE LICENSE # 07-09 – SHRINE OF ST. JOSEPH
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 07-09 to the Shrine of St. Joseph for an Off-Premise Raffle to be held on November 3, 2007 at 6:00 p.m. at 1050 Long Hill Road, Stirling, New Jersey 07980.
RESOLUTION 07 - 125
APPOINTING PART-TIME PLUMBING SUBCODE OFFICIAL/PLUMBING INSPECTOR/BUILDING INSPECTOR - FRANCHINO
BE IT RESOLVED, by the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey as follows:
1. Upon the advice and recommendation of Thomas M. Yotka, Construction Official, that Vincent J. Franchino be appointed as Part-time Plumbing Sub Code Official/ Plumbing Inspector/Building Inspector.
2. This appointment shall be effective April 30, 2007 at salary $17,500 per annum prorated for the remainder of the year.
3. The appointment is part-time regularly consisting of nine (9) hours weekly. One (1) personal day, two and a half (2.5) vacation days and three (3) sick days per year, prorated for the remainder of the year.
4. The Township’s Policy & Procedure Manual shall be applicable to this position and the duties are to be defined by the Construction Official.
RESOLUTION 07-126
APPROVING ANNUAL MEMORIAL DAY SERVICES AND PARADE
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby grant permission for the American Legion Post 484 on Monday, May 28, 2007 to conduct their Annual Memorial Day Services and Parade.
BE IT FURTHER RESOLVED, that the Township Committee does hereby approve the appropriation of $600.00 to help defray the cost.
TOWNSHIP OF LONG HILL
RESOLUTION #07-127
RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND
TO SANDALWOOD AT LONG HILL, LTD.
WHEREAS; Sandalwood at Long Hill, Ltd. (“Developer”) is the developer of Block 143 Lot 2; and
WHEREAS, the Developer posted Performance Bond No. 117671 in the amount of $82,700.00; and
WHEREAS, the Developer has served notice upon the Township in accordance with the requirements of N.J.S.A. 40:55D-53 that the site improvements have been substantially completed and has requested the return of its performance guarantee; and
WHEREAS, Township Engineer Justin Lizza, confirmed on April 18, 2007, that the improvements have been completed in substantial conformity with the approved plans and recommended the release of the performance guarantee; and
WHEREAS, the Township Engineer, Justin Lizza, has advised that a Maintenance Bond No. 45009367 in the amount of $26,135.00 has been posted;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey as follows:
1. Performance Bond No. 117671 in the amount of $82,700.00 is hereby released.
RESOLUTION 07 - 128
AUTHORIZING THE FREEDOM TOUR BIKE RACE – JULY 22, 2007
WHEREAS, the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey authorizes the Freedom Tour Bike Race on July 22, 2007; and
WHEREAS, the Township Committee of the Township of Long Hill authorizes municipal departments to utilize municipal resources to assist in the event;
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey authorizes the Freedom Tour Bike Race to take place on July 22, 2007, and municipal resources will be utilized to assist in the event.
RESOLUTION 07-129
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-130
ACCEPTING RESIGNATION – SLUKA
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby accept the resignation of Kevin Sluka, Administrator/Clerk, effective May 7, 2007 (the last day of official work is on May 4, 2007).
RESOLUTION 07-131
AUTHORIZING THE WEEK OF MAY 6th AS BUILDING SAFETY WEEK
WHEREAS, the week of May 6th through May 12th shall be recognized worldwide as Building Safety Week; and
WHEREAS, building safety codes and regulations are established to protect the public; and
WHEREAS, Long Hill Township is among thousands of municipalities nationwide that employs professional and licensed staff in the field of Building Code Enforcement for the protection of its residents; and
WHEREAS, Building Safety Week is sponsored by the International Code Council; Foundation, an organization dedicated to changing the devastating effects of natural disasters and other building tragedies; and
WHEREAS, Thomas M. Yotka, Construction Official is authorized to draft a press release announcing Building Safety Week and distribute to all local and regional newspapers; and
NOW THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey, recognizes May 6th through May 12th as Building Safety Week and authorizes the Construction Department to raise awareness by posting information on the website, making information available Town Hall and drafting a press release to all regional newspapers.
RESOLUTION 07 - 132
AUTHORIZING THE STIRLING STREET FAIR– OCTOBER 7, 2007
WHEREAS, the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey authorizes the Stirling Street Fair on October 7, 2007; and
WHEREAS, the Township Committee of the Township of Long Hill authorizes municipal departments to utilize municipal resources to assist in the event; and
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey authorizes the Stirling Street Fair to take place on October 7, 2007, and municipal resources will be utilized to assist in the event.
RESOLUTION 07-133
AUTHORIZING REFUND FOR TAX TITLE LIEN CERTIFICATE – CRUSADER SERVING CORPORATION
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice and recommendation of the Tax Collector, does hereby authorize a refund in the total amount of $35,526.23 to Crusader Serving Corporation, 179 Washington Lane, Jenkintown, Pennsylvania 19046 for the redemption of Tax Title Lien Certificate #1213 for Block 13002 Lot 10.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Absent
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public.
Gary Pratt, Gillette, stated that it is sad that Mr. Aroneo and Mr. Briggs could not find it in themselves to say one word about Mr. Sluka. Mr. Aroneo stated that it is not a reflection of his feelings for Mr. Sluka. Mr. Pratt stated that people should be treated with more respect, it is one thing to say something in private, it is another to stand up and say something in public and people should not be mocked when they make comments.
Sandy Guilfoyle, Millington, inquired regarding the add-on resolutions. Mayor Vitureira gave a brief summary of the add-on resolutions and requested that Mr. Sluka explain Resolution 07-133. Mr. Sluka explained that Resolution 07-133 is a refund for redemptions. Ms. Guilfoyle requested that in the future, Mayor Vitureira read the titles of the add-on resolutions. Mayor Vitureira stated that he would and to remind him if he forgets.
Mr. Aroneo stated that what Mr. Pratt stated was untrue, Mr. Aroneo’s and Mr. Briggs’ lack of comments is not a reflection of their feelings towards the administrator. Mr. Briggs stated that he worked with Mr. Sluka for 4 months, no impropriety was meant by not recognizing him in public and he wished Mr. Sluka well.
Jennifer Lamson, Stirling, thanked Mr. Sluka for his service and jokingly asked if Mr. Sluka could take all the water with him on his way out. Ms. Lamson stated that she does not believe that the Flood Wall Project would be beneficial to her and explained the flooding problem on her property. Mayor Vitureira encouraged Ms. Lamson to review at the Flood Wall map. Mr. Sluka explained that the Army Corps stated that the Flood Wall is not the end all, the municipality has other work to do such as cleaning out the tributaries. Ms. Lamson stated that funds should be utilized to help the residents first, noted five pipes which extend from Long Hill Road to Valley Road and inquired why they are not channeled down to the river. Mayor Vitureira suggested that Ms. Lamson call him and he would set up a meeting with Mr. Lizza to review the issue.
Mr. Aroneo suggested creating a committee to consider flood issues throughout the Township. Mayor Vitureira stated that this could be included as part of the Sewer Ban Committee. Mr. Aroneo spoke in favor of a separate committee. Mayor Vitureira stated that this could be discussed at the next meeting.
Gary Pratt, Gillette, stated that several years ago Mountain Avenue was raised, which helped with flooding and inquired if assistance could be acquired from the County. Mr. Sluka noted financial constrains, stated that this would not help Ms. Lamson and that he believes that the Flood Wall Project would help based on the testimony of what happened in Parsippany and Oakland.
Don Knowles, Gillette, encouraged everyone to attend the Senior Pasta Fiesta on April 27th from 5:00 p.m. – 8:30 p.m.
Passqualino LoStocco, Millington, spoke against the proposed communications tower in Millington. Mr. Pidgeon stated that if the issue is currently before the Board of Adjustment the Governing Body should not comment on it. Mr. Aroneo explained that the Board of Adjustment meeting is the proper place to discuss the issue. Mayor Vitureira stated that everyone within 200 feet will receive notification regarding the hearings.
Sandy Guilfoyle, Millington, suggested making an appointment with Mr. Lizza before a flood committee is created in order to go through the material which already exist and has been studied for the last 20 years. Mayor Vitureira stated that the Flood Wall Project is only 90% complete, which is primarily due to the Army Corps waiting for comments from the Township. Ms. Guilfoyle stated that she attended Township Committee meetings during which the Army Corps was present and the community made comments and suggested that the existing paperwork and tapes be sent to the Army Corps or another meeting be held right away. Mr. Aroneo stated that the entire project is available on the website and spoke in support of creating a flood committee.
Michael Hoffman, Millington, thanked Mr. Sluka for all his help over the years and stated that he will be missed. Mr. Hoffman raised concern regarding the cell phone tower.
Peter McCoy, Gillette, inquired if the Flood Wall Project will encourage new development. Mr. Sluka explained that any wetlands which exist in the area prior to the Flood Wall will continue to exist; the project will not eliminate any limitations that someone has on building or not building and hopefully the Flood Wall will encourage improving properties rather than building new properties.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Briggs, the meeting adjourned immediately at 9:51 p.m. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Absent
Ms. Genovese Aye
Mayor Vitureira Aye
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
Monday, June 11, 2007
April 11, 2007
MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
APRIL 11, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, April 11, 2007 at 6:30 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 6:30 P.M. until 7:30 P.M.
RESOLUTION #07-106
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Ms. Genovese, seconded by Mr. Collins, Resolution #07-106 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 6:35 p.m.
The Township Committee reconvened to Regular Session at 7:51 p.m.
Mr. Aroneo led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mr. Aroneo reported that DPW drained Stirling Lake, cleaned debris from the fishing lake, May 20th-26th is National Public Works Week and suggested presenting a proclamation in support of the DPW. The FRAC has been compiling a formal report which will be submitted to the Governing Body. The Township will not be receiving CDBG funding. Mr. Aroneo inquired if Ken Fullagar, OEM Director, wanted to say a few words.
Mr. Fullagar stated that the OEM reviewed the emergency projects which are being planned for the remainder of 2007 and 2008, plans are being made on how the CERT members will be utilized and their training kept up to date.
Mr. Aroneo invited everyone to attend the emergency services display which is taking place at the Senior Center on April 19th at 7:00 p.m.
Mr. Briggs reported that last night’s Planning Board meeting was cancelled and the Board would like to continue addressing elements of the Master Plan and some ordinances. The next Open Space Committee meeting will be held on April 23rd during which discussions regarding street vacating will take place as per the request of the Governing Body.
Mr. Collins reported that Lounsberry Meadow has been working on capital improvements and conducting a large research project on implementing solar panels which could potentially be an option for Town Hall. The Recreation Committee Easter Egg Hunt was successful, Stirling Lake is being readied for opening and the Sewer Ban Committee has been continuing I&I research.
Ms. Genovese stated that the Board of Education gave a presentation on their budget two weeks ago and encouraged everyone to vote during the School Board Election on April 17th. Polls will be open from 2:00 p.m. until 9:00 p.m.
Mr. Aroneo stated that the Fishing Derby will be held on April 14th beginning at 9:00 a.m.
Mayor Vitureira announced that the Seniors and Lyons Club will be holding a Pancake Breakfast on April 15th from 8:30 a.m. until 12:00 p.m. The Senior Pasta Dinner will be held on April 27th beginning at 5:00 p.m.
Mr. Sluka presented the Administrator’s report and explained the new budget resolutions which were placed onto the agenda.
RESOLUTION 07-115
AUTHORIZING SELF EXAMINATION OF 2007 MUNICIPAL BUDGET
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and
WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Long Hill has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2007 budget year.
NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Long Hill that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school
purposes.
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement and content, the budget will
permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, that Resolution 07-115 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Sluka read the following resolution:
RESOLUTION 07-116
RESOLUTION TO READ BUDGET BY TITLE
WHEREAS, N.J.S.A. 40A:4-8 as amended provides that the Budget shall be read in full at the public hearing, or that it may be read by its title only if:
1. At least one week prior to the date of the hearing a complete copy of the approved Budget:
(a) shall be made available for public inspection in the free public library, if any, of the municipality and in the free county libraries or regional libraries located in the municipality or if no county libraries or regional libraries are located in the municipality, the county or regional library of the county in which the municipality is located, and the public officer delegated responsibility for delivering copies of the approved budget to such library shall forward to the governing body an attestation that each such delivery was made, and
(b) is made available to each person requesting the same, during said week and during the public hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill that it is declared that the conditions of N.J.S.A. 40A:4-8, as amended set forth in subsections 1(a) and 1(b), have been met and therefore the Budget for 2007 shall be read by title only.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Resolution 07-116 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the 2007 Municipal Budget be open for a public hearing. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Tom Behr, Chairman of the Board of Adjustment, inquired regarding the status of the Planning & Zoning Secretary and if the Governing Body members reviewed the Planning and Zoning budgets. The Township Committee confirmed that they had seen the submitted budget. Mr. Behr detailed the need for a Planning & Zoning Secretary and that the minutes are important to be kept up to date because often the applicant fails to remember exactly what was said at the last meeting. Mr. Briggs stated that the Secretary position is still under review and that a decision has not been made on the matter. Ms. Genovese stated that she concurs with Mr. Behr’s assessment for the need of a secretary.
Mr. Behr stated that last year the Planning Board was shut down and it is important. Mayor Vitureira stated that is not accurate. Mayor Vitureira stated that the position of Secretary to the Boards is being reviewed, a decision has not been made and the Governing Body is investigating the duties of the personnel back there. Mr. Behr stated that the minutes are behind which creates problems with reviewing applications that are carried from one meeting to another. Mayor Vitureira stated that the minutes were up to date until November, then they fell behind for some reason and this is being reviewed.
Tom Behr stated since this matter has not been determined, he expects to be contacted to discuss the matter. Mr. Collins stated that the budget did not include the additional person, so basically it has already been decided. Mr. Briggs and Mayor Vitureira disagreed with that assessment.
Mr. Collins stated that he does not understand why the budget was rushed, this matter could have been discussed and a decision could have been made. Since the budget was being considered without the additional secretary, a decision has been made; the position is not being budgeted. Mayor Vitureira stated that no decision has been made and other situations can be investigated to determine if the office is efficient.
Sue Dapkins, Gillette, stated that she agrees with Mr. Behr, a Secretary is necessary. Mrs. Dapkins stated that the Governing Body should fund the CERT program at $1,500 instead of forcing them to raise the funds themselves; the volunteers have given and will continue to give their time as volunteers and they should not be asked to fundraise.
Mayor Vitureira asked Ken Fullagar to address this issue.
Mr. Fullagar explained that the OEM Operating Budget request included a line item in the amount of $1,500 for the CERT program; since the full amount was not approved, the OEM staff decided to raise the additional money through fundraising efforts. Mr. Fullagar further explained that it will not be known until September whether the $5,000 FEMA grant will be received. A discussion ensued regarding the CERT program.
Len Hamilton, Meyersville resident, Chairman of the Environmental Commission and Planning Board member, spoke in support of hiring a Planning & Zoning Secretary and voiced frustration regarding the shutting down of the Planning Board mid-year in 2006, the continued cancellation of Planning Board meetings and the holding of Planning Board meetings without the presence of the professionals, in an attempt to save money. Mr. Hamilton addressed the need to revise the Master Plan in order to move forward with the Meyersville Revitalization Project and stated that $40,000 is needed to revise the Master Plan.
Cecilia Cilli, Gillette, spoke in support of dedicating additional Township funds for the revising of the Master Plan instead of developers’ funds, in order to facilitate an objective process.
Dennis Sandow, Millington, commended the Governing Body for adopting the budget on time and with a very low increase, spoke against the hiring of a Planning & Zoning Board Secretary and commended the Governing Body for holding executive session discussions regarding shuffling job responsibilities.
Thomas Behr, Chairman of the Board of Adjustment, stated that Mr. Sandow is being “penny wise and pound foolish”, suggested that Mr. Sandow utilize his connections to get appointed to the Board of Adjustment in order to get a better understanding of what it’s really like. Mr. Behr further stated that he listens to employees, what their workload is like and the challenges they face.
Sandy Guilfoyle, Millington, stated that the Planning Board was shut down last year because there was not enough money to pay the Planner. Mayor Vitureira disagreed. Ms. Guilfoyle emphasized the importance of the Planning & Zoning Boards and of having good documentation, such as the Master Plan, in order to prevail against lawsuits.
Deborah Schmidt, Meyersville, spoke in support of hiring a Planning & Zoning Board Secretary and the necessity of having good documentation, encouraged the Governing Body to reconsider Ordinance 202-07 which she stated looks like developers are helping to pay for the revision of the Master Plan. Mayor Vitureira stated that the purpose of Ordinance 202-07 is to permit the Township to charge the developers’ fees for any work that may be required by the Township Professionals for pre-application discussions without burdening the taxpayers. A discussion ensued. Ms. Schmidt questioned the propriety of interactions between the Restore Meyersville and Planning Board members without a formal application and no way to pay the bills. Mr. Pidgeon stated that developers often meet with the Board professionals outside of the meeting context during the course of an application. Mayor Vitureira stated that there is money in the budget to review the Master Plan and they are actively working on restructuring departments in order to meet demands.
Cecilia Cilli inquired regarding the ARC and Restore Meyersville. Mayor Vitureira requested that Ms. Cilli reserve her comments for the public portion of the meeting.
Jay Haddad, Millington, spoke regarding streamlining and reducing government.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the public hearing on the 2007 Municipal Budget be closed. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Briggs stated that he would like to increase the CERT funding. Ms. Genovese suggested $1,500.
On motion of Mr. Briggs, seconded by Mr. Aroneo, that the funding for the CERT program be increased by 10%. Mr. Sluka stated that 10% equates to $410.
Mr. Sarinelli explained that advertising and a second hearing are required if the amount of a line item is increased by more than 10%. Mr. Collins and Ms. Genovese spoke in support of increasing the figure. Mr. Collins stated this should have been discussed at the last meeting, like he had suggested, instead of rushing through the budget.
The vote to increase the CERT program fees 10% was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Mr. Collins inquired of Mr. Sarinelli why the Reserve for Uncollected Taxes was changed to $500,000 when the Governing Body agreed to $540,000. Mayor Vitureira stated that he did not agree to it and that’s why some of the changes are there. Mr. Collins further questioned comments and recommendations Mr. Sarinelli made at the March 7, 2007 meeting and read portions of the March 7, 2007 Minutes including Mr. Sarinelli’s statement that he did not want to prepare the budget documents and then change them because even a small change would necessitate changes to many pages of the budget. Mr. Collins stated that things are being changed behind closed doors, in private, without the presence of the Administrator. Mayor Vitureira denied this statement by stating that “the Administrator was completely involved”. Mr. Sluka denied Mayor Vitureira’s statement. Mayor Vitureira stated that the recommendations are Mayor Vitureira’s and Mr. Briggs’ and that they discussed the changes with the department heads.
Mr. Collins inquired of Mr. Sarinelli why items pertaining to the Telecommunication Operators such as salaries & wages, pension and social security were not consolidated into one line item since they are no longer employees of Long Hill Township. Mr. Sarinelli stated that a discussion took place today whether to continue to track the expenditures under the separate line items or consolidate them all into one and it was decided to continue to track the expenditures in the same manner as they had been in the past and to consolidate them into one line item next year. Mr. Collins inquired why wait until next year when it can be reflected appropriately this year and if this is the best practice. Mr. Sarinelli stated that it is an acceptable practice and that it could be tracked in one line if so chosen. Mayor Vitureira stated that Mr. Sluka had suggested it. Mr. Sluka stated that Mayor Vitureira had suggested it, the reason why its not in one line item is that it would require a public hearing. Mr. Sarinelli confirmed that it was not Mr. Sluka’s suggestion.
Mr. Collins stated that he is very disappointed in the auditing firm, he expects more professionalism, the revised budget documents were dropped off on the day of the introduction of the budget and the day of the hearing, not allowing 3 of the 5 Governing Body members to review the documents. Mr. Sarinelli stated that in both cases, he received the information the same day to prepare the budget for that day.
Ms. Genovese inquired regarding anticipated surplus figures. Mr. Sarinelli stated that it would be inappropriate to make a general statement. Ms. Genovese stated that Mr. Sarinelli had stated on March 7th that the Township may need to cut services due to the inability to regenerate surplus and operating under a more austere budget. Ms. Genovese further stated that Mr. Sarinelli had stated that the snow trust fund was not created to be utilized instead of budgeting for in the current year, and yet there is nothing in the budget for any storms. Ms. Genovese inquired if Mr. Sarinelli believes that $500,000 in Reserve for Uncollected Taxes is a healthy amount for the Township. Mr. Sarinelli stated that it is reasonable given the overall budget. Ms. Genovese stated that Mr. Sarinelli had recommended not going below $540,000 and inquired regarding his current recommendation. Mr. Sarinelli stated that both numbers are reasonable.
Ms. Genovese stated that she is for saving money, but raised concern that some items such as police vehicles are not being funded and there is a 4% Cap next year. Ms. Genovese inquired regarding the memo from Chief Peoples regarding more assistance with MIS. Chief Peoples explained that there is no MIS personnel on staff, and due to larger technology capabilities the officer, who has been utilized, will not be able to manage that function. Mr. Briggs requested data to support the need for the purchase of a police vehicle and stated that the 4% Cap is on the tax levy not an individual line item. Ms. Genovese stated that the funding will have to come from another line item. Mr. Collins spoke in support of funding MIS, the Governing Body cannot expect this to be done internally, nor should the Governing Body pay a Police Officer to do this; the Police Officer should be on the road serving the community.
Ms. Genovese inquired regarding the refunding on the bonds and if the savings would be spread out evenly over the years so as not to hurt the budget. Mr. Sarinelli stated that the savings in the first year would be $78,000; $3,000 - $4,000 in the second year; $1,000 in other years. A discussion ensued regarding the proposed 200% increase in dog license fees and the sewer user fee increase and that they are not tax write-offs.
Ms. Genovese voiced her disappointment in the auditing firm and that she hopes there will not be ramifications in the fall for what is happening in the budget.
Mayor Vitureira thanked Mr. Sarinelli for all his work and stated that he believes the 2007 budget is fair, Mayor Vitureira wanted a 0% increase and refuses to raise taxes more than the compromised 2.8%.
On motion of Ms. Genovese, seconded by Mr. Collins, that the budget be amended to include $1,500 for the CERT program, $23,000 for a police car and $13,000 for a MIS consultant. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Mr. Sarinelli explained that Resolution 07-117 for amendments in the budget for salaries and the actual debt service savings which was overstated in the original budget document needs to be passed before the public hearing. Mr. Sluka stated that the resolution needs to be amended in the amount of $410 for CERT, as previously discussed by the Governing Body.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that resolution #07-117 be approved with the addition of $410 for CERT.
Mayor Vitureira requested that Mr. Sluka explain Resolution #07-117. Mr. Sluka explained that there was an error on a salary line item and debt service in the original introduced budget in the amount of $7,880.00 and the Governing Body approved an additional $410 for CERT. An amendment is required before the budget can be adopted so that it will be part of the budget. A public hearing will be held on the amendment and then the Governing Body can seek adoption of the budget.
Mayor Vitureira opened the meeting to the public for questions pertaining to Resolution #07-117.
There was an inaudible question from the audience. Mr. Sluka explained the numbering of the Resolutions.
Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that Resolution #07-117 be approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Mr. Aroneo, seconded by Mayor Vitureira, that the 2007 budget be approved (Resolution #07-118). The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Larry Fast, on behalf of the CAC, requested a letter of intent to obtain free services from TelVue for a Township PEG channel. Mr. Fast explained that this will allow the Township to establish direct control over its own channel so it can provide its own programming including: meetings, sporting events, documentaries, local announcements, weather, traffic alerts, emergency alerts and school closings. Mr. Fast explained if the Township sends a letter of intent before April 30th, there will be no cost; the formal contract will be subject to attorney review and the Township can pull out of the agreement at that point. The commitment would be for two years after which, if it was not profitable to TelVue they will give the option for the Township to pay the difference or terminate the relationship. Mr. Fast explained that this is a PBS style sponsorship, the company will be providing the equipment and the Township will provide the cable drop, which will be installed by Verizon.
Mr. Pidgeon stated that he reviewed the letter of intent and has no objection to it; since there are no funds involved, a Certification of Funds is not needed, but an Affirmative Action Certification and Certificate of Insurance are necessary.
Mayor Vitureira thanked the CAC for all their hard work. Mr. Fast stated that Verizon will need a letter of request to get started. Mr. Pidgeon suggested a motion authorizing the signing the non-binding letter of intent and the letter to Verizon.
On motion of Mr. Aroneo, seconded by Mr. Collins, that the execution of the letter of intent was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira opened the meeting to the public for comments regarding TelVue. No one wished to be heard.
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Briggs, that an application to Verizon for the installation of the line drop be approved.
Mayor Vitureira opened the meeting to the public. No one wished to be heard.
The vote to authorize an application to Verizon for the installation of a line drop was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee recessed at 10:10 p.m.
The Township Committee reconvened at 10:22 p.m.
Mr. Collins read by title:
Ordinance #201-07 entitled “An Ordinance Concerning Sewer User Rates and Amending Chapter XXII of the Township Code Entitled ‘Sewers’”.
Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #201-07.
Joe Connolly, Millington, spoke against behind the scene discussions and inquired regarding the last increase to the sewer user rates and their calculation method. Mayor Vitureira stated that the sewer user rates have not been increased in three years and the bill will be retroactive to January. Mr. Pidgeon explained that the calculation method did not change; it was just changed from cubic feet to gallons. Mr. Connolly suggested that all meetings, even those with professionals, be taped so that it is known what was actually said.
Mr. Aroneo suggested adjusting people’s property taxes or giving a property tax credit to residents who are connected to the sewer. Mr. Pidgeon stated that the Township cannot control assessments, they are the true market value of the property and under the State Constitution, all taxes have to be uniform.
No one else wished to be heard and Mayor Vitureira closed the hearing to the public.
Ms. Genovese stated that increasing the sewer user rates by10% is too much at one time and suggested that 6-7% would be more appropriate.
Mr. Collins stated that he will vote for the Ordinance because the Governing Body had long discussions, received public input and agreed to a compromised increase of 10% and he hopes to see this kind of process amongst the Governing Body members continue in the future.
On motion of Mr. Collins, seconded by Mr. Aroneo, that Ordinance #201-07 be passed on final reading and adopted as published. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
Mr. Pidgeon stated that he received correspondence from Barry Hoffman, the Planning Board Attorney, and based on the correspondence, made some changes to Ordinance #202-07. Mr. Pidgeon suggested that the Ordinance be moved and seconded as is, opened to the public and then the Governing Body can discuss whether any amendments should be made. Mayor Vitureira suggested that the Ordinance be pulled because the Planning Board did not consider it. Mr. Collins concurred. Ms. Genovese inquired who authorized Mr. Hoffman to revise the Ordinance if the Planning Board did not meet. Mr. Pidgeon stated that he did not initiate the Ordinance, he has some disagreement regarding its necessity, but Mr. Hoffman is the Planning Board Attorney, so he defers to him on this question. Mr. Pidgeon explained that the public hearing can be continued until a date certain, there will be no further notice of publication and the Planning Board can take up the matter in the meantime.
On motion of Mr. Collins, seconded by Mr. Briggs, that Ordinance #202-07 entitled “An Ordinance Concerning Development Fees and Escrow Deposits and Amending § 180 of the Township Land Use Ordinance” be pulled. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Pidgeon explained that the Ordinance will have to be reintroduced.
Mr. Sluka explained that a small liquor license fee survey was sent out and read the fees from the two municipalities which responded.
Mayor Vitureira read by title:
Ordinance #204-07 entitled “An Ordinance Increasing the Annual Fees for Liquor Licenses and Amending Chapter VI of the Township Code Entitled ‘Alcoholic Beverage Control’”.
Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #204-07.
No one wished to be heard and Mayor Vitureira closed the hearing to the public.
Mr. Aroneo inquired regarding costs associated with liquor licenses. Mr. Sluka explained that the time it takes to process the applications has not changed, but there was a situation last year which resulted in additional investigation and legal fees; it is difficult to predict what will occur and what costs will be associated. Mr. Sluka explained that the Ordinance does not increase the fees much from last year, it just brings most of them to the maximum that the State allows.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Ordinance #204-07 be passed on final reading and adopted as published. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Mr. Briggs read by title:
Ordinance #206-07 entitled “An Ordinance Allowing Consumption of Beer at Township Recreation Committee Events at Stirling Lake”.
Mayor Vitureira requested that Mr. Pidgeon explain the Ordinance. Mr. Pidgeon explained that the current Township Code prohibits the possession of alcohol on any Township property. The Recreation Committee has proposed having a special event at Stirling Lake, which would allow one beer per person and the Governing Body asked him to prepare an ordinance. Mr. Pidgeon explained that there are many other hurdles such as acquiring a permit from ABC and this just overcomes the ordinance prohibition. Mr. Sluka noted time constraints for the Memorial Day event and stated that the Recreation Committee wants to have another event later in the year.
On motion of Mr. Briggs, seconded by Mayor Vitureira, that Ordinance #206-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, May 9, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Ms. Genovese read by title:
Ordinance #207-07 entitled “An Ordinance Increasing the Dog License Fees and Amending Chapter V of the Township Code Entitled ‘Animal Control’”.
On motion of Ms. Genovese, seconded by Mayor Vitureira, that Ordinance #207-07 was passed on first reading, published according to law, and that a public hearing hereon be scheduled for Wednesday, May 9, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public for questions or comments regarding the Consent Agenda Resolutions. No one wished to be heard.
Mr. Aroneo stated that he would like to pull Resolution #07-108. Mr. Sluka stated that the Executive Session Minutes of March 28, 2007 could be modified and voted upon and suggested deleting every line except for the last two sentences in the paragraph in question. A discussion ensued.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, the following Consent Agenda Resolutions were introduced and adopted, as amended:
Mayor Vitureira inquired if Mr. DaSilva had a question on a Consent Agenda item.
Mr. DaSilva stated that he does not want the March 7, 2007 Regular Session Minutes approved because he was not called and invited to the meeting. Mayor Vitureira stated that Mr. DaSilva could review the Minutes once they are approved. Mr. Pidgeon explained that the Minutes are a memoralization of what happened at the meeting to be voted upon by the Governing Body; whether or not notice should or should not have been given does not affect the Minutes and Mr. DaSilva can make his statement when the meeting is opened up for general comments from the public.
RESOLUTION 07-107
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-108
APPROVING EXECUTIVE SESSION MINUTES – MARCH 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of March 28, 2007.
RESOLUTION 07-109
APPROVING REGULAR SESSION MINUTES – MARCH 7, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of March 7, 2007.
RESOLUTION 07-110
APPROVING RAFFLE LICENSE # 06-16 – LONG HILL TOWNSHIP BASEBALL ASSOC., INC.
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 06-16 to the Long Hill Township Baseball Assoc., Inc. for an Off-Premise 50/50 to be held on June 9, 2007 at 9:00 p.m. at Poplar Drive, Stirling, New Jersey 07980.
RESOLUTION 07-111
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – MONTY
WHEREAS, Pamela & Scott Monty, 351 Long Hill Road, Gillette, New Jersey 07933 submitted application 05-12Z, for Block 13503, Lot 16; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected and to return the remaining balance of the Developer’s Escrow; and
WHEREAS, the Chief Financial Officer has authorized that the $152.54 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $152.54 to Pamela & Scott Monty, 351 Long Hill Road, Gillette, New Jersey 07933
RESOLUTION 07-112
APPROVING EXECUTIVE SESSION MINUTES – JANUARY 10, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of January 10, 2007.
RESOLUTION 07-113
APPROVING EXECUTIVE SESSION MINUTES – MARCH 7, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of March 7, 2007.
RESOLUTION 07-114
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE –KHOSLA
WHEREAS, Pratap Khosla, 1719 Valley Road, Millington, New Jersey 07946 submitted application 06-07P, for Block 10201, Lot 10.26; and
WHEREAS, the Planning and Zoning Administrator has confirmed that no charges were incurred by the Board consultants prior to this application being withdrawn; and
WHEREAS, the Chief Financial Officer has authorized that the $500.00 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the Developer’s Escrow in the amount of $500.00 to Pratap Khosla, 1719 Valley Road, Millington, New Jersey 07946.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public.
Mr. Pidgeon stated that this is where Mr. DaSilva could make his comments.
Cecilia Cilli, Gillette, stated that a stenographer and transcriber used to be present at all meetings in addition to the meetings being taped. Mayor Vitureira stated that they are considering a stenographer at meetings. Ms. Cilli spoke against holding the Rutgers’ presentation regarding proposed changes to Valley Road at 2:00 p.m. tomorrow when very few members of the public will be available to attend. Mr. Aroneo suggested holding the presentation during a regularly scheduled Planning Board meeting. Mayor Vitureira stated that such a presentation will occur in approximately two weeks. Ms. Cilli inquired why Town Hall staff did not know about this presentation.
Vincent DaSilva, Gillette, spoke regarding the vacating of Carol Lane. Mayor Vitureira stated that the Open Space Committee will be considering the vacating of two other streets on April 23rd, not Carol Lane. Mr. Pidgeon stated that State law requires that notice be sent to all affected property owners if a street is proposed to be vacated, so Mr. DaSilva and everyone else will receive notice prior to the public hearing on the ordinance.
Mr. DaSilva stated that had a special meeting with the Mayor, Township Zoning Officer and Construction Official and the Mayor never got back to him. Mayor Vitureira stated that Mr. DaSilva had questions specific to his situation and the municipality is addressing them. Mr. Pidgeon stated that some of these are allegations of zoning violations and should not be discussed at a Township Committee meeting.
Mr. DaSilva stated that he filed complaints with the Zoning Officer and nothing has been done. Mayor Vitureira stated that the Zoning Officer served a notice. Mr. Pidgeon stated that this should not be discussed especially if a notice was served and is potential litigation.
Mr. Sluka suggested that legal notices be provided, instead of courtesy notices. Mr. Collins stated that the Township has gone above and beyond the required duty and should stick to legal requirements.
Sue Dapkins, Gillette, urged the Governing Body to apply for Morris County Open Space Committee funding this year.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Collins and unanimous voice vote, the meeting adjourned immediately following Executive Session at 11:07 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
APRIL 11, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, April 11, 2007 at 6:30 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 6:30 P.M. until 7:30 P.M.
RESOLUTION #07-106
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Ms. Genovese, seconded by Mr. Collins, Resolution #07-106 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 6:35 p.m.
The Township Committee reconvened to Regular Session at 7:51 p.m.
Mr. Aroneo led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mr. Aroneo reported that DPW drained Stirling Lake, cleaned debris from the fishing lake, May 20th-26th is National Public Works Week and suggested presenting a proclamation in support of the DPW. The FRAC has been compiling a formal report which will be submitted to the Governing Body. The Township will not be receiving CDBG funding. Mr. Aroneo inquired if Ken Fullagar, OEM Director, wanted to say a few words.
Mr. Fullagar stated that the OEM reviewed the emergency projects which are being planned for the remainder of 2007 and 2008, plans are being made on how the CERT members will be utilized and their training kept up to date.
Mr. Aroneo invited everyone to attend the emergency services display which is taking place at the Senior Center on April 19th at 7:00 p.m.
Mr. Briggs reported that last night’s Planning Board meeting was cancelled and the Board would like to continue addressing elements of the Master Plan and some ordinances. The next Open Space Committee meeting will be held on April 23rd during which discussions regarding street vacating will take place as per the request of the Governing Body.
Mr. Collins reported that Lounsberry Meadow has been working on capital improvements and conducting a large research project on implementing solar panels which could potentially be an option for Town Hall. The Recreation Committee Easter Egg Hunt was successful, Stirling Lake is being readied for opening and the Sewer Ban Committee has been continuing I&I research.
Ms. Genovese stated that the Board of Education gave a presentation on their budget two weeks ago and encouraged everyone to vote during the School Board Election on April 17th. Polls will be open from 2:00 p.m. until 9:00 p.m.
Mr. Aroneo stated that the Fishing Derby will be held on April 14th beginning at 9:00 a.m.
Mayor Vitureira announced that the Seniors and Lyons Club will be holding a Pancake Breakfast on April 15th from 8:30 a.m. until 12:00 p.m. The Senior Pasta Dinner will be held on April 27th beginning at 5:00 p.m.
Mr. Sluka presented the Administrator’s report and explained the new budget resolutions which were placed onto the agenda.
RESOLUTION 07-115
AUTHORIZING SELF EXAMINATION OF 2007 MUNICIPAL BUDGET
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and
WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Long Hill has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2007 budget year.
NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Long Hill that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school
purposes.
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement and content, the budget will
permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, that Resolution 07-115 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Sluka read the following resolution:
RESOLUTION 07-116
RESOLUTION TO READ BUDGET BY TITLE
WHEREAS, N.J.S.A. 40A:4-8 as amended provides that the Budget shall be read in full at the public hearing, or that it may be read by its title only if:
1. At least one week prior to the date of the hearing a complete copy of the approved Budget:
(a) shall be made available for public inspection in the free public library, if any, of the municipality and in the free county libraries or regional libraries located in the municipality or if no county libraries or regional libraries are located in the municipality, the county or regional library of the county in which the municipality is located, and the public officer delegated responsibility for delivering copies of the approved budget to such library shall forward to the governing body an attestation that each such delivery was made, and
(b) is made available to each person requesting the same, during said week and during the public hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill that it is declared that the conditions of N.J.S.A. 40A:4-8, as amended set forth in subsections 1(a) and 1(b), have been met and therefore the Budget for 2007 shall be read by title only.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Resolution 07-116 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the 2007 Municipal Budget be open for a public hearing. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Tom Behr, Chairman of the Board of Adjustment, inquired regarding the status of the Planning & Zoning Secretary and if the Governing Body members reviewed the Planning and Zoning budgets. The Township Committee confirmed that they had seen the submitted budget. Mr. Behr detailed the need for a Planning & Zoning Secretary and that the minutes are important to be kept up to date because often the applicant fails to remember exactly what was said at the last meeting. Mr. Briggs stated that the Secretary position is still under review and that a decision has not been made on the matter. Ms. Genovese stated that she concurs with Mr. Behr’s assessment for the need of a secretary.
Mr. Behr stated that last year the Planning Board was shut down and it is important. Mayor Vitureira stated that is not accurate. Mayor Vitureira stated that the position of Secretary to the Boards is being reviewed, a decision has not been made and the Governing Body is investigating the duties of the personnel back there. Mr. Behr stated that the minutes are behind which creates problems with reviewing applications that are carried from one meeting to another. Mayor Vitureira stated that the minutes were up to date until November, then they fell behind for some reason and this is being reviewed.
Tom Behr stated since this matter has not been determined, he expects to be contacted to discuss the matter. Mr. Collins stated that the budget did not include the additional person, so basically it has already been decided. Mr. Briggs and Mayor Vitureira disagreed with that assessment.
Mr. Collins stated that he does not understand why the budget was rushed, this matter could have been discussed and a decision could have been made. Since the budget was being considered without the additional secretary, a decision has been made; the position is not being budgeted. Mayor Vitureira stated that no decision has been made and other situations can be investigated to determine if the office is efficient.
Sue Dapkins, Gillette, stated that she agrees with Mr. Behr, a Secretary is necessary. Mrs. Dapkins stated that the Governing Body should fund the CERT program at $1,500 instead of forcing them to raise the funds themselves; the volunteers have given and will continue to give their time as volunteers and they should not be asked to fundraise.
Mayor Vitureira asked Ken Fullagar to address this issue.
Mr. Fullagar explained that the OEM Operating Budget request included a line item in the amount of $1,500 for the CERT program; since the full amount was not approved, the OEM staff decided to raise the additional money through fundraising efforts. Mr. Fullagar further explained that it will not be known until September whether the $5,000 FEMA grant will be received. A discussion ensued regarding the CERT program.
Len Hamilton, Meyersville resident, Chairman of the Environmental Commission and Planning Board member, spoke in support of hiring a Planning & Zoning Secretary and voiced frustration regarding the shutting down of the Planning Board mid-year in 2006, the continued cancellation of Planning Board meetings and the holding of Planning Board meetings without the presence of the professionals, in an attempt to save money. Mr. Hamilton addressed the need to revise the Master Plan in order to move forward with the Meyersville Revitalization Project and stated that $40,000 is needed to revise the Master Plan.
Cecilia Cilli, Gillette, spoke in support of dedicating additional Township funds for the revising of the Master Plan instead of developers’ funds, in order to facilitate an objective process.
Dennis Sandow, Millington, commended the Governing Body for adopting the budget on time and with a very low increase, spoke against the hiring of a Planning & Zoning Board Secretary and commended the Governing Body for holding executive session discussions regarding shuffling job responsibilities.
Thomas Behr, Chairman of the Board of Adjustment, stated that Mr. Sandow is being “penny wise and pound foolish”, suggested that Mr. Sandow utilize his connections to get appointed to the Board of Adjustment in order to get a better understanding of what it’s really like. Mr. Behr further stated that he listens to employees, what their workload is like and the challenges they face.
Sandy Guilfoyle, Millington, stated that the Planning Board was shut down last year because there was not enough money to pay the Planner. Mayor Vitureira disagreed. Ms. Guilfoyle emphasized the importance of the Planning & Zoning Boards and of having good documentation, such as the Master Plan, in order to prevail against lawsuits.
Deborah Schmidt, Meyersville, spoke in support of hiring a Planning & Zoning Board Secretary and the necessity of having good documentation, encouraged the Governing Body to reconsider Ordinance 202-07 which she stated looks like developers are helping to pay for the revision of the Master Plan. Mayor Vitureira stated that the purpose of Ordinance 202-07 is to permit the Township to charge the developers’ fees for any work that may be required by the Township Professionals for pre-application discussions without burdening the taxpayers. A discussion ensued. Ms. Schmidt questioned the propriety of interactions between the Restore Meyersville and Planning Board members without a formal application and no way to pay the bills. Mr. Pidgeon stated that developers often meet with the Board professionals outside of the meeting context during the course of an application. Mayor Vitureira stated that there is money in the budget to review the Master Plan and they are actively working on restructuring departments in order to meet demands.
Cecilia Cilli inquired regarding the ARC and Restore Meyersville. Mayor Vitureira requested that Ms. Cilli reserve her comments for the public portion of the meeting.
Jay Haddad, Millington, spoke regarding streamlining and reducing government.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the public hearing on the 2007 Municipal Budget be closed. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Briggs stated that he would like to increase the CERT funding. Ms. Genovese suggested $1,500.
On motion of Mr. Briggs, seconded by Mr. Aroneo, that the funding for the CERT program be increased by 10%. Mr. Sluka stated that 10% equates to $410.
Mr. Sarinelli explained that advertising and a second hearing are required if the amount of a line item is increased by more than 10%. Mr. Collins and Ms. Genovese spoke in support of increasing the figure. Mr. Collins stated this should have been discussed at the last meeting, like he had suggested, instead of rushing through the budget.
The vote to increase the CERT program fees 10% was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Mr. Collins inquired of Mr. Sarinelli why the Reserve for Uncollected Taxes was changed to $500,000 when the Governing Body agreed to $540,000. Mayor Vitureira stated that he did not agree to it and that’s why some of the changes are there. Mr. Collins further questioned comments and recommendations Mr. Sarinelli made at the March 7, 2007 meeting and read portions of the March 7, 2007 Minutes including Mr. Sarinelli’s statement that he did not want to prepare the budget documents and then change them because even a small change would necessitate changes to many pages of the budget. Mr. Collins stated that things are being changed behind closed doors, in private, without the presence of the Administrator. Mayor Vitureira denied this statement by stating that “the Administrator was completely involved”. Mr. Sluka denied Mayor Vitureira’s statement. Mayor Vitureira stated that the recommendations are Mayor Vitureira’s and Mr. Briggs’ and that they discussed the changes with the department heads.
Mr. Collins inquired of Mr. Sarinelli why items pertaining to the Telecommunication Operators such as salaries & wages, pension and social security were not consolidated into one line item since they are no longer employees of Long Hill Township. Mr. Sarinelli stated that a discussion took place today whether to continue to track the expenditures under the separate line items or consolidate them all into one and it was decided to continue to track the expenditures in the same manner as they had been in the past and to consolidate them into one line item next year. Mr. Collins inquired why wait until next year when it can be reflected appropriately this year and if this is the best practice. Mr. Sarinelli stated that it is an acceptable practice and that it could be tracked in one line if so chosen. Mayor Vitureira stated that Mr. Sluka had suggested it. Mr. Sluka stated that Mayor Vitureira had suggested it, the reason why its not in one line item is that it would require a public hearing. Mr. Sarinelli confirmed that it was not Mr. Sluka’s suggestion.
Mr. Collins stated that he is very disappointed in the auditing firm, he expects more professionalism, the revised budget documents were dropped off on the day of the introduction of the budget and the day of the hearing, not allowing 3 of the 5 Governing Body members to review the documents. Mr. Sarinelli stated that in both cases, he received the information the same day to prepare the budget for that day.
Ms. Genovese inquired regarding anticipated surplus figures. Mr. Sarinelli stated that it would be inappropriate to make a general statement. Ms. Genovese stated that Mr. Sarinelli had stated on March 7th that the Township may need to cut services due to the inability to regenerate surplus and operating under a more austere budget. Ms. Genovese further stated that Mr. Sarinelli had stated that the snow trust fund was not created to be utilized instead of budgeting for in the current year, and yet there is nothing in the budget for any storms. Ms. Genovese inquired if Mr. Sarinelli believes that $500,000 in Reserve for Uncollected Taxes is a healthy amount for the Township. Mr. Sarinelli stated that it is reasonable given the overall budget. Ms. Genovese stated that Mr. Sarinelli had recommended not going below $540,000 and inquired regarding his current recommendation. Mr. Sarinelli stated that both numbers are reasonable.
Ms. Genovese stated that she is for saving money, but raised concern that some items such as police vehicles are not being funded and there is a 4% Cap next year. Ms. Genovese inquired regarding the memo from Chief Peoples regarding more assistance with MIS. Chief Peoples explained that there is no MIS personnel on staff, and due to larger technology capabilities the officer, who has been utilized, will not be able to manage that function. Mr. Briggs requested data to support the need for the purchase of a police vehicle and stated that the 4% Cap is on the tax levy not an individual line item. Ms. Genovese stated that the funding will have to come from another line item. Mr. Collins spoke in support of funding MIS, the Governing Body cannot expect this to be done internally, nor should the Governing Body pay a Police Officer to do this; the Police Officer should be on the road serving the community.
Ms. Genovese inquired regarding the refunding on the bonds and if the savings would be spread out evenly over the years so as not to hurt the budget. Mr. Sarinelli stated that the savings in the first year would be $78,000; $3,000 - $4,000 in the second year; $1,000 in other years. A discussion ensued regarding the proposed 200% increase in dog license fees and the sewer user fee increase and that they are not tax write-offs.
Ms. Genovese voiced her disappointment in the auditing firm and that she hopes there will not be ramifications in the fall for what is happening in the budget.
Mayor Vitureira thanked Mr. Sarinelli for all his work and stated that he believes the 2007 budget is fair, Mayor Vitureira wanted a 0% increase and refuses to raise taxes more than the compromised 2.8%.
On motion of Ms. Genovese, seconded by Mr. Collins, that the budget be amended to include $1,500 for the CERT program, $23,000 for a police car and $13,000 for a MIS consultant. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Mr. Sarinelli explained that Resolution 07-117 for amendments in the budget for salaries and the actual debt service savings which was overstated in the original budget document needs to be passed before the public hearing. Mr. Sluka stated that the resolution needs to be amended in the amount of $410 for CERT, as previously discussed by the Governing Body.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that resolution #07-117 be approved with the addition of $410 for CERT.
Mayor Vitureira requested that Mr. Sluka explain Resolution #07-117. Mr. Sluka explained that there was an error on a salary line item and debt service in the original introduced budget in the amount of $7,880.00 and the Governing Body approved an additional $410 for CERT. An amendment is required before the budget can be adopted so that it will be part of the budget. A public hearing will be held on the amendment and then the Governing Body can seek adoption of the budget.
Mayor Vitureira opened the meeting to the public for questions pertaining to Resolution #07-117.
There was an inaudible question from the audience. Mr. Sluka explained the numbering of the Resolutions.
Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that Resolution #07-117 be approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Mr. Aroneo, seconded by Mayor Vitureira, that the 2007 budget be approved (Resolution #07-118). The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Larry Fast, on behalf of the CAC, requested a letter of intent to obtain free services from TelVue for a Township PEG channel. Mr. Fast explained that this will allow the Township to establish direct control over its own channel so it can provide its own programming including: meetings, sporting events, documentaries, local announcements, weather, traffic alerts, emergency alerts and school closings. Mr. Fast explained if the Township sends a letter of intent before April 30th, there will be no cost; the formal contract will be subject to attorney review and the Township can pull out of the agreement at that point. The commitment would be for two years after which, if it was not profitable to TelVue they will give the option for the Township to pay the difference or terminate the relationship. Mr. Fast explained that this is a PBS style sponsorship, the company will be providing the equipment and the Township will provide the cable drop, which will be installed by Verizon.
Mr. Pidgeon stated that he reviewed the letter of intent and has no objection to it; since there are no funds involved, a Certification of Funds is not needed, but an Affirmative Action Certification and Certificate of Insurance are necessary.
Mayor Vitureira thanked the CAC for all their hard work. Mr. Fast stated that Verizon will need a letter of request to get started. Mr. Pidgeon suggested a motion authorizing the signing the non-binding letter of intent and the letter to Verizon.
On motion of Mr. Aroneo, seconded by Mr. Collins, that the execution of the letter of intent was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira opened the meeting to the public for comments regarding TelVue. No one wished to be heard.
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Briggs, that an application to Verizon for the installation of the line drop be approved.
Mayor Vitureira opened the meeting to the public. No one wished to be heard.
The vote to authorize an application to Verizon for the installation of a line drop was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee recessed at 10:10 p.m.
The Township Committee reconvened at 10:22 p.m.
Mr. Collins read by title:
Ordinance #201-07 entitled “An Ordinance Concerning Sewer User Rates and Amending Chapter XXII of the Township Code Entitled ‘Sewers’”.
Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #201-07.
Joe Connolly, Millington, spoke against behind the scene discussions and inquired regarding the last increase to the sewer user rates and their calculation method. Mayor Vitureira stated that the sewer user rates have not been increased in three years and the bill will be retroactive to January. Mr. Pidgeon explained that the calculation method did not change; it was just changed from cubic feet to gallons. Mr. Connolly suggested that all meetings, even those with professionals, be taped so that it is known what was actually said.
Mr. Aroneo suggested adjusting people’s property taxes or giving a property tax credit to residents who are connected to the sewer. Mr. Pidgeon stated that the Township cannot control assessments, they are the true market value of the property and under the State Constitution, all taxes have to be uniform.
No one else wished to be heard and Mayor Vitureira closed the hearing to the public.
Ms. Genovese stated that increasing the sewer user rates by10% is too much at one time and suggested that 6-7% would be more appropriate.
Mr. Collins stated that he will vote for the Ordinance because the Governing Body had long discussions, received public input and agreed to a compromised increase of 10% and he hopes to see this kind of process amongst the Governing Body members continue in the future.
On motion of Mr. Collins, seconded by Mr. Aroneo, that Ordinance #201-07 be passed on final reading and adopted as published. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
Mr. Pidgeon stated that he received correspondence from Barry Hoffman, the Planning Board Attorney, and based on the correspondence, made some changes to Ordinance #202-07. Mr. Pidgeon suggested that the Ordinance be moved and seconded as is, opened to the public and then the Governing Body can discuss whether any amendments should be made. Mayor Vitureira suggested that the Ordinance be pulled because the Planning Board did not consider it. Mr. Collins concurred. Ms. Genovese inquired who authorized Mr. Hoffman to revise the Ordinance if the Planning Board did not meet. Mr. Pidgeon stated that he did not initiate the Ordinance, he has some disagreement regarding its necessity, but Mr. Hoffman is the Planning Board Attorney, so he defers to him on this question. Mr. Pidgeon explained that the public hearing can be continued until a date certain, there will be no further notice of publication and the Planning Board can take up the matter in the meantime.
On motion of Mr. Collins, seconded by Mr. Briggs, that Ordinance #202-07 entitled “An Ordinance Concerning Development Fees and Escrow Deposits and Amending § 180 of the Township Land Use Ordinance” be pulled. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Pidgeon explained that the Ordinance will have to be reintroduced.
Mr. Sluka explained that a small liquor license fee survey was sent out and read the fees from the two municipalities which responded.
Mayor Vitureira read by title:
Ordinance #204-07 entitled “An Ordinance Increasing the Annual Fees for Liquor Licenses and Amending Chapter VI of the Township Code Entitled ‘Alcoholic Beverage Control’”.
Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #204-07.
No one wished to be heard and Mayor Vitureira closed the hearing to the public.
Mr. Aroneo inquired regarding costs associated with liquor licenses. Mr. Sluka explained that the time it takes to process the applications has not changed, but there was a situation last year which resulted in additional investigation and legal fees; it is difficult to predict what will occur and what costs will be associated. Mr. Sluka explained that the Ordinance does not increase the fees much from last year, it just brings most of them to the maximum that the State allows.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Ordinance #204-07 be passed on final reading and adopted as published. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Mr. Briggs read by title:
Ordinance #206-07 entitled “An Ordinance Allowing Consumption of Beer at Township Recreation Committee Events at Stirling Lake”.
Mayor Vitureira requested that Mr. Pidgeon explain the Ordinance. Mr. Pidgeon explained that the current Township Code prohibits the possession of alcohol on any Township property. The Recreation Committee has proposed having a special event at Stirling Lake, which would allow one beer per person and the Governing Body asked him to prepare an ordinance. Mr. Pidgeon explained that there are many other hurdles such as acquiring a permit from ABC and this just overcomes the ordinance prohibition. Mr. Sluka noted time constraints for the Memorial Day event and stated that the Recreation Committee wants to have another event later in the year.
On motion of Mr. Briggs, seconded by Mayor Vitureira, that Ordinance #206-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, May 9, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Ms. Genovese read by title:
Ordinance #207-07 entitled “An Ordinance Increasing the Dog License Fees and Amending Chapter V of the Township Code Entitled ‘Animal Control’”.
On motion of Ms. Genovese, seconded by Mayor Vitureira, that Ordinance #207-07 was passed on first reading, published according to law, and that a public hearing hereon be scheduled for Wednesday, May 9, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public for questions or comments regarding the Consent Agenda Resolutions. No one wished to be heard.
Mr. Aroneo stated that he would like to pull Resolution #07-108. Mr. Sluka stated that the Executive Session Minutes of March 28, 2007 could be modified and voted upon and suggested deleting every line except for the last two sentences in the paragraph in question. A discussion ensued.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, the following Consent Agenda Resolutions were introduced and adopted, as amended:
Mayor Vitureira inquired if Mr. DaSilva had a question on a Consent Agenda item.
Mr. DaSilva stated that he does not want the March 7, 2007 Regular Session Minutes approved because he was not called and invited to the meeting. Mayor Vitureira stated that Mr. DaSilva could review the Minutes once they are approved. Mr. Pidgeon explained that the Minutes are a memoralization of what happened at the meeting to be voted upon by the Governing Body; whether or not notice should or should not have been given does not affect the Minutes and Mr. DaSilva can make his statement when the meeting is opened up for general comments from the public.
RESOLUTION 07-107
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-108
APPROVING EXECUTIVE SESSION MINUTES – MARCH 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of March 28, 2007.
RESOLUTION 07-109
APPROVING REGULAR SESSION MINUTES – MARCH 7, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of March 7, 2007.
RESOLUTION 07-110
APPROVING RAFFLE LICENSE # 06-16 – LONG HILL TOWNSHIP BASEBALL ASSOC., INC.
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice of the Township Clerk, that all documents have been reviewed and are in good order, does hereby authorize the Township Clerk to issue Raffle License Number 06-16 to the Long Hill Township Baseball Assoc., Inc. for an Off-Premise 50/50 to be held on June 9, 2007 at 9:00 p.m. at Poplar Drive, Stirling, New Jersey 07980.
RESOLUTION 07-111
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – MONTY
WHEREAS, Pamela & Scott Monty, 351 Long Hill Road, Gillette, New Jersey 07933 submitted application 05-12Z, for Block 13503, Lot 16; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected and to return the remaining balance of the Developer’s Escrow; and
WHEREAS, the Chief Financial Officer has authorized that the $152.54 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $152.54 to Pamela & Scott Monty, 351 Long Hill Road, Gillette, New Jersey 07933
RESOLUTION 07-112
APPROVING EXECUTIVE SESSION MINUTES – JANUARY 10, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of January 10, 2007.
RESOLUTION 07-113
APPROVING EXECUTIVE SESSION MINUTES – MARCH 7, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of March 7, 2007.
RESOLUTION 07-114
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE –KHOSLA
WHEREAS, Pratap Khosla, 1719 Valley Road, Millington, New Jersey 07946 submitted application 06-07P, for Block 10201, Lot 10.26; and
WHEREAS, the Planning and Zoning Administrator has confirmed that no charges were incurred by the Board consultants prior to this application being withdrawn; and
WHEREAS, the Chief Financial Officer has authorized that the $500.00 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the Developer’s Escrow in the amount of $500.00 to Pratap Khosla, 1719 Valley Road, Millington, New Jersey 07946.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public.
Mr. Pidgeon stated that this is where Mr. DaSilva could make his comments.
Cecilia Cilli, Gillette, stated that a stenographer and transcriber used to be present at all meetings in addition to the meetings being taped. Mayor Vitureira stated that they are considering a stenographer at meetings. Ms. Cilli spoke against holding the Rutgers’ presentation regarding proposed changes to Valley Road at 2:00 p.m. tomorrow when very few members of the public will be available to attend. Mr. Aroneo suggested holding the presentation during a regularly scheduled Planning Board meeting. Mayor Vitureira stated that such a presentation will occur in approximately two weeks. Ms. Cilli inquired why Town Hall staff did not know about this presentation.
Vincent DaSilva, Gillette, spoke regarding the vacating of Carol Lane. Mayor Vitureira stated that the Open Space Committee will be considering the vacating of two other streets on April 23rd, not Carol Lane. Mr. Pidgeon stated that State law requires that notice be sent to all affected property owners if a street is proposed to be vacated, so Mr. DaSilva and everyone else will receive notice prior to the public hearing on the ordinance.
Mr. DaSilva stated that had a special meeting with the Mayor, Township Zoning Officer and Construction Official and the Mayor never got back to him. Mayor Vitureira stated that Mr. DaSilva had questions specific to his situation and the municipality is addressing them. Mr. Pidgeon stated that some of these are allegations of zoning violations and should not be discussed at a Township Committee meeting.
Mr. DaSilva stated that he filed complaints with the Zoning Officer and nothing has been done. Mayor Vitureira stated that the Zoning Officer served a notice. Mr. Pidgeon stated that this should not be discussed especially if a notice was served and is potential litigation.
Mr. Sluka suggested that legal notices be provided, instead of courtesy notices. Mr. Collins stated that the Township has gone above and beyond the required duty and should stick to legal requirements.
Sue Dapkins, Gillette, urged the Governing Body to apply for Morris County Open Space Committee funding this year.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Collins and unanimous voice vote, the meeting adjourned immediately following Executive Session at 11:07 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
March 28, 2007
MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
MARCH 28, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, March 28, 2007 at 7:00 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 7:00 P.M. until 7:30 P.M.
RESOLUTION #07-098
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Mayor Vitureira, seconded by Mr. Briggs, Resolution #07-098 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 7:03 p.m.
The Township Committee reconvened to Regular Session at 7:36 p.m.
Ms. Genovese led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mayor Vitureira and Len Hamilton, Chairman of the Environmental Commission, presented Olga Neville with a Certificate of Appreciation for Outstanding Service.
Arthur DiBenedetto, Superintendent, Sue Becker, President of the Long Hill Board of Education and John Esposito, Business Administrator, presented the 2007-2008 Long Hill Township Board of Education budget which proposes a general fund spending increase of $447,800.00, a 3.9% tax levy and a total operating budget of $13 million.
Sue Becker encouraged everyone to vote on April 17th and noted financial challenges including: rising salaries, insurance and utility costs, an increase in the number of special education students and a tax levy Cap of 4%. Mr. DiBenedetto explained administrative costs and compared the Long Hill Township School District to the other 91 AA districts that have over 750 students. Mr. Esposito explained shared services.
Mr. DiBenedetto explained reductions including: 4 non-special education aid positions, 1 full-time teacher, 2 part-time teachers, supply items, co-curricular & sport activities and field trips. Mr. DiBenedetto stated that enrollment has leveled off, 90% of the budget is raised by the local tax levy which will be offset by approximately $275,000 through the utilization of balance funds.
Mayor Vitureira opened the meeting to the public for questions pertaining to the 2007-2008 proposed Long Hill Township Board of Education budget.
Gary Pratt, Gillette, inquired regarding the increase in legal fees. Mr. DiBenedetto stated that $12,000 per year was budgeted for legal fees which had to be increased due to a number of special education issues and a case at the civil level.
No one else wished to be heard.
Mr. Sluka explained the request for assistance with the Annual Great Swamp Clean-up including: supplying equipment, dumpsters and paying disposal costs. Mayor Vitureira directed that Mr. Sluka ascertain if other municipalities are contributing to the event. Mr. Pidgeon noted time constraints; the event is taking place on April 7th. Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this issue. There were none. Mayor Vitureira inquired if there were any objections from the Governing Body members regarding this event. There were none.
Mr. Sluka explained that an email was received by the Governing Body from Georgiene Laffey, owner of Copper Springs Beach & Tennis Club, requesting permission to hold “a Family Luau” on July 14th from 6:00 p.m. until 10:00 p.m. Mr. Pidgeon stated that Copper Springs has had a number of approvals over the years from the Planning Board and Board of Adjustment and there were a number of conditions attached to those approvals one of which provided that “party shall be permitted on Special Permit after due application from the Township Committee” but “that there not be permitted on the premises any band music, the use of any amplifying or public address or any other loud or noxious noises of any kind”. Mr. Pidgeon explained that if the Club wants to use amplification devices, they need to go back to the appropriate board to get an amended variance. A discussion ensued. Mayor Vitureira directed that a copy of the resolution instating the regulations be acquired and that the discussion be continued at a later date. Mayor Vitureira inquired if the Governing Body members had any problems with permitting the party other than with respect to the amplification. There were no concerns. Mr. Pidgeon stated that the Governing Body could request an interpretation from the Board of Adjustment without a formal application. Mayor Vitureira suggested sending the matter to the Board of Adjustment for an interpretation.
Mayor Vitureira opened the meeting to the public for questions regarding the request from Copper Springs Beach & Tennis Club.
Richard Pfluger, Meyersville, stated he lives a quarter mile away from the Club and during the summer months there is a constant problem with the volume of the public address system.
Bruce Meringolo, Stirling, inquired regarding Special Event Permits. Mr. Pidgeon stated that the Board of Adjustment resolution specifically provides that the Club can ask the Township Committee for permission to have the event, which the Governing Body has granted, but the second separate condition is that the Club cannot use amplified devices for music; the applicant or property owner would have to go to the Board for a variance.
No one else wished to be heard.
Len Hamilton, Chairman of the Environmental Commission, explained the request to apply for a Smart Growth Grant through the Association of New Jersey Environmental Commissions (ANJEC) with matching funds from the municipality. Mr. Hamilton stated that the proposal is to consider Master Plan revisions in the Valley Road corridor and Meyersville Village, energy & environmental reconsiderations as well as Best Management Practices for Stormwater and different ways of developing streetscapes which would go into the Master Plan and the Ordinances supporting it. Mr. Hamilton explained that the application requires 50% matching funds from the Township for a total of $10,000; $5,000 of which would come out of the Planning Board budget.
Ms. Genovese inquired regarding the Township contribution amounts and whether the funds have to be appropriated in the current budget cycle. Mr. Hamilton explained that the total cost of the project is approximately $23,000 - $24,000, the grant portion is $20,000 and that the grant runs from July 1, 2007 – July 1, 2008. Mayor Vitureira stated that the funding has already been allocated in the Planning Board budget.
Mr. Briggs inquired if the public received copies of the grant application. Mr. Hamilton stated that he has to make a few minor changes to the application and he would send the final version in pdf format to Mr. Sluka.
Mr. Aroneo inquired if the grant would be utilized to fund changes in the Master Plan which would assist in the development of Meyersville. Mr. Hamilton stated that they are looking to develop a Master Plan and Ordinances that support Best Management Practices which will help prevent the approval of items that the Township does not like. Mr. Aroneo inquired regarding the composition of the project team. Mr. Hamilton stated that the committee includes members of the Meyersville Subcommittee, as well as professionals and individuals with a long term interest in planning in the Township.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the ANJEC grant application.
Mr. Sluka inquired when the grant would be awarded. Mr. Hamilton stated that the grant, if awarded, would start on June 30th.
Jay Haddad, Millington, inquired regarding the amount of control the State would have over the Township if the ANJEC funding was awarded. Mr. Pidgeon stated that the grant funding would not take any authority away from the Planning Board to adopt a Master Plan or the Township Committee to adopt Land Use Ordinances; it is a study to reexamine the Master Plan and does not make any commitment to have a final product. The Planning Board is ultimately responsible for adopting the Master Plan.
Thomas Behr, Board of Adjustment Chairman, inquired if the grant would allow forthe examination of creative solutions at greater depth than a normal planning process would allow. Mr. Hamilton responded in the affirmative.
Mark Urbanski, Meyersville, voiced concern regarding the effect of the study on residents and suggested that information be published in the newspaper. Mr. Hamilton assured Mr. Urbanski that the Township will not be asking residents to move their homes closer to the streets. Mr. Aroneo stated that major blunders and errors have been created when people have built closer to the streets and Mr. Urbanski’s concerns are justified. Mr. Hamilton concurred and stated that the purpose of the Master Plan is to figure out how things can be done better. Mr. Briggs stated that this will be an open process; people will be able to ask questions in a number of forums.
Mike Smargiassi, Millington, recommended that the members of the subcommittee be changed in order to prevent a public perception issue. Mr. Hamilton suggested that the subcommittee consist of the following members: Mr. Hamilton, Mr. Lizza, Mr. O’Brien, Mr. Pidgeon and Mr. Carell and stated that additional Planning Board members are not needed because the issue will come back to the Planning Board at every juncture. Mr. Briggs suggested submitting the grant application and discussing the members at a later date. Mr. Pidgeon explained that this is a project team not a committee. Mr. Hamilton suggested himself as the only Planning Board member on the project team. Mayor Vitureira stated that Mr. Carell should be included.
No one else wished to be heard.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Mr. Hamilton be permitted to complete the grant application process. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee recessed at 9:00 p.m.
The Township Committee reconvened at 9:12 p.m.
Justin Lizza, Township Engineer/DPW Director, explained that three requests for the vacating of paper streets were received. Mr. Pidgeon described the following paper streets: Carol Lane, Manuel Street, Orange Street, Eloise Place and York Drive, stated that it is Mr. Lizza’s opinion that none of the streets will be required for public thoroughfare and explained that when a street is vacated, the title reverts to the prior owner or his/her successor. Mr. Pidgeon noted procedural requirements including notices being sent to all affected property owners.
Mr. Lizza stated that Manuel Street and Carol Lane would require a sanitary sewer line easement. Mr. Pidgeon explained that prior to final adoption the property owners would have to convey an easement deed to the Township for the sanitary sewer line and if they refuse, the Township will not vacate the paper street. A discussion ensued. Mayor Vitureira suggested introducing the Ordinance and scheduling the adoption in few months in order to conduct more analysis. Mr. Pidgeon explained that while this could be done, a significant amendment would be required.
Mr. Aroneo stated that he believed that the Governing Body had concluded that Manuel Street and Carol Lane did not have to be vacated since the owners could have use of the property and the Open Space Committee believed it may be prudent to retain the properties for open space access. Mr. Collins stated that a policy decision should be made to only address vacating issues twice a year, due to time and cost issues. Mr. Briggs stated that the individual needs of residents should be considered. Mr. Collins and Mr. Aroneo concurred that the individual needs of resident should be considered, but the matters should only be addressed a few times per year.
Mr. Pidgeon stated that historically, vacating ordinances were sent to the Planning Board before the Governing Body acted on them and suggested sending the ordinances to the Open Space Committee.
Mayor Vitureira opened the meeting to the public for questions regarding the street vacating ordinance.
Linda & Charles, Aulicky, 106 Western Boulevard, requested the vacating of Orange Street for the paving of their driveway. A discussion ensued. Mayor Vitureira stated that he does not see an urgency to resolve the issue and suggested that the Open Space Committee be given an opportunity to review the request.
June & Ronald Como, 40 Valley View Road, addressed the Governing Body regarding the vacating of York Drive in order to install a deck. Mayor Vitureira stated that he would acquire the revised Open Space Committee schedule from Mr. Aroneo, inform the Como’s and Aulicky’s of the schedule so they could appear before the Open Space Committee and then schedule the consideration of the vacating of the streets at the Township Committee meeting following the Open Space meeting.
Dennis Sandow, Millington, addressed the Governing Body regarding the vacation of all 49 paper streets in the Township and a paved street in the Township that was not dedicated. Mr. Pidgeon explained that the paved street is a defacto street. Mayor Vitureira suggested that Mr. Sandow present a report since he has already identifying the 49 paper streets. Mr. Sandow stated he would present a report.
Ken Fullagar, OEM Director, stated that the Governing Body should also consider other utilities such as: phone, water and underground facilities. Mr. Pidgeon stated that these are reserved by state law and ordinances.
No one else wished to be heard.
Mayor Vitureira requested that Ms. Falzarano speak regarding the creation of a neighborhood beautification committee.
Nancy Falzarano, Stirling, spoke regarding aesthetically improving areas of the Township including: the train stations, common corridors, welcome signs and suggested creating a dog park. Ms. Falzarano suggested that the funding for these projects come from fundraisers, Township licensing fees and maintenance fees which would be paid for by the dog owner group managing the park which will be supported by membership dues. Ms. Falzarano also suggested that a separate changeable plaque be used to display the sponsor of each welcome sign thereby enabling the Township to charge $500- $1,000 per year for the sponsorship. Ms. Genovese stated that last year she compiled a list of 8-10 businesses which were willing to purchase the signs and it would be more cost effective to have the businesses purchase each sign which costs between $2,000 - $3,000.
Ms. Falzarano suggested the installation of a two sided clock at the train station and the creation of the Promotion and Enhancement Committee (PEC) consisting of approximately five members, one of whom would be a Governing Body member. Ms. Falzarano stated that maintenance could be provided by the DPW and the dog park could be established in back of the Library/Town Hall. Ms Genovese suggested that local businesses could facilitate the project, flowers could be planted outside of Town Hall and changeable banners could be installed throughout the Township. Mr. Aroneo concurred. Mr. Sluka stated that employee participation could facilitate the process. Mayor Vitureira requested that Ms. Falzarano provide a synopsis for the Township Newsletter.
Mayor Vitureira opened the meeting to the public.
Gary Pratt, Gillette, noted the need for greater handicap accessibility at the Gillette Train Station, suggested the installation of a ramp at the station and volunteered to be a member of the PEC.
Dennis Sandow, Millington, stated that Ms. Genovese began the process last year with her business meetings, the momentum needs to be continued and invited Ms. Falarano to the Chamber of Commerce meeting at 8:00 a.m. on Friday. Mayor Vitureira suggested increasing the number of PEC members to 7 in order to include business owners.
Mayor Vitureira stated that funding is available in trust funds with restricted uses. Mr. Aroneo suggested utilizing sponsors. Mayor Vitureira stated that the volunteers should come up with funding sources.
Mr. Briggs inquired if Ms. Genovese would be interested in being the Governing Body liaison since she has already done a lot of work in this area. Ms. Genovese declined due to other commitments. Mr. Aroneo volunteered to be the liaison member and asked Mr. Sluka to represent him if the meetings take place during the day.
On motion of Mayor Vitureira, seconded by Mr. Aroneo that the Promotion and Enhancement Committee be created, consisting of 7 members, appointed by the Township Committee and to serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Nancy Falzarano be appointed as the Chairperson of the Promotion and Enhancement Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira requested that Len Hamilton discuss the Passaic River Trail Committee which was initially created in the 1990’s.
Len Hamilton, Environmental Commission Chairman, explained that volunteers cleared the trails and designed and put up trail markers. Mr. Hamilton noted some obstacles to completing the trail from the west end of the Township to Town Hall including the need to acquire easements from property owners. Mr. Hamilton explained phase II of the project which would continue the trail from Town Hall to the Senior Center/Gillette School at a considerable cost due to a ravine. A discussion ensued regarding possible members for the Passaic River Nature Trail Committee including: Alexandra Hennessy, Ed Gerecht and possibly a member of the Recreation Committee. Mr. Hamilton noted the possibility of networking the entire Township with walkways and connecting to trails in neighboring municipalities in the future. Mr. Aroneo emphasized the importance of connecting to Gillette School since Town Hall is the school’s evacuation site and a trail would create a safe evacuation route. Mr. Hamilton stated that this would be a great lever for funding.
Mayor Vitureira opened the meeting to the public. There were no questions.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that the Passaic River Trail Committee be created with 7 members, including one crossover member from the Recreation Committee, who shall be appointed and serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira nominated Gary Pratt as a member of the PEC.
On motion of Mr. Collins, seconded by Mr. Aroneo and unanimous voice vote, that Gary Pratt was appointed to the PEC.
Mayor Vitureira stated that Tom Sweeney and Mr. Sluka, should serve in an exoffcio capacity on the PEC. The Governing Body approved.
Tracy Aroneo, Recreation Advisory Committee Chairperson, stated that the committee has been working on closing the gap between the revenue and costs of operating Stirling Lake, improving the appearance of the lake, increasing badge sales, holding a Memorial Day Town Picnic/Lake Open House, having concession sales at the lake and holding a lake fund raiser for equipment purchases. Ms. Aroneo noted that Mr. Sluka was going out to bid for a concession truck and a new Lake Director was hired.
Ms. Aroneo mentioned goals for 2007 including: studying the use of Riverside Park and Meyersville field, creating another multipurpose field, more bike paths, a new recreation website and possibly creating new programs including: parent-tot swim classes and tot crafts at the lake.
Mayor Vitureira inquired regarding a Recreation Committee member for the Passaic River Trail Committee (PRTC). Ms. Aroneo noted Louise Noel. Mayor Vitureira requested that Ms. Aroneo ascertain if Ms. Noel would be interested in becoming a PRTC member and if so, she would be appointed at the next meeting.
Mayor Vitureira opened the meeting to the public. There were no questions.
Len Hamilton, Environmental Commission Chairmen, noted the committee’s goals for 2007 including: protecting and reestablishing canopy and historic roadways, alternate pesticide methods, Master Plan review, recycling, alternatives to salting roadways, conducting an energy audit at Town Hall and adopting regulations to protect against the tearing down of small houses in order to build larger ones. Mayor Vitureira inquired if a member of the Environmental Commission would be interested in becoming a member of the Ten Towns Committee. Mr. Hamilton stated that he would inquire.
Mayor Vitureira spoke against government involvement regarding restrictions on tearing down small houses to build larger ones and suggested architectural restrictions instead. Mr. Collins and Ms. Genovese noted soil erosion, environmental and Stormwater issues which could result from the building of larger houses. A discussion ensued. Mr. Aroneo suggested that Mr. Hamilton discuss the issue with the Zoning Board.
Mr. Aroneo suggested that a list of commonly used lawn chemicals and environmentally friendly alternatives be posted on the Township website and that a more convenient way for residents to dispose of their household hazardous chemicals be considered. Mr. Hamilton stated that a list of environmentally friendly lawn chemicals is on the Environmental Commission website and he has been working with Mr. Sweeney on a program in which residents could drop off more household hazardous chemicals locally which would then be taken by DPW to the County drop off site.
Mr. Collins read by title:
Ordinance #203-07 entitled “An Ordinance Authorizing Various Renovations and Improvements to the Wastewater Treatment System Including the Registration, Permitting and Removal of Underground Storage Tanks at the Wastewater Pumping Stations and Appropriating $125,000 from the Contribution in Aid of Construction Fund – Sewer”.
Mr. Briggs inquired regarding Ordinance #203-07. Mr. Pidgeon explained that the Ordinance encumbers funds; it puts money aside for projects. Mr. Sluka stated that the Township is trying to acquire funding for the removal of underground storage tanks.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #203-07. There were none.
On motion of Mr. Collins, seconded by Mr. Briggs, that Ordinance #203-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 25, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Aroneo read by title:
Ordinance #204-07 entitled “An Ordinance Increasing the Annual Fees for Liquor Licenses and Amending Chapter VI of the Township Code Entitled “Alcoholic Beverage Control”.
Mr. Briggs spoke against increasing the fees, that they were increased last year and noted that the total revenue increase from all the Liquor Establishments would amount to $1,050.00. Mr. Aroneo inquired regarding administration costs associated with liquor licenses. Mr. Collins and Mr. Sluka explained that there was a shortfall last year due to an incident. Ms. Genovese and Mayor Vitureira stated that this would not be a substantial increase. The Governing Body requested a cost analysis and comparison to neighboring municipalities.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #204-07. No one wished to be heard.
On motion of Mr. Aroneo, seconded by Mr. Collins, that Ordinance #204-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 11, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Ms. Genovese inquired if the auditors would be present at the April 11, 2007 meeting for the budget hearing. Mayor Vitureira responded in the affirmative.
Mayor Vitureira stated that there was a consensus not to introduce Ordinance #205-07 entitled “An Ordinance Vacating Various Paper Streets and Portions of Paper Streets”.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the Consent Agenda Resolutions. No one wished to be heard and Mayor Vitureira closed the meeting to the public.
Ms. Genovese stated that she would like to pull Resolution #07-103.
Ms. Genovese made a motion to appoint Lisa Chadwick Thompson as the Municipal Prosecutor until December 31, 2007. Mr. Collins seconded the motion. Mayor Vitureira stated that the Resolution was pulled.
Mayor Vitureira stated that Resolution #07-104 was added to the Consent Agenda. Mr. Collins stated that the resolution contains a typographical error and should read 2006 rather than 2007.
On motion of Mr. Briggs, seconded by Mr. Collins, the following Consent Agenda Resolutions, as amended and excluding #07-103, were introduced and adopted:
RESOLUTION 07-099
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-100
APPROVING EXECUTIVE SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of February 28, 2007.
RESOLUTION 07-101
APPROVING REGULAR SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of February 28, 2007.
RESOLUTION 07-102
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – WALLACE
WHEREAS, Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946 submitted application 05-18P, for Block 12802, Lots 2 & 3.01 and Block 14205 Lot 1; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected and to return the remaining balance of the Developer’s Escrow; and
WHEREAS, the Chief Financial Officer has authorized that the $714.70 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $714.70 to Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
RESOLUTION 07-104
AUTHORIZING SALE OF ABANDONED MOTOR VEHICLE
WHEREAS, Defalco’s Towing, in response to a request from the Township Police Department, towed a 1997 Cadillac Catera on September 5, 2006; and
WHEREAS, the motor vehicle has been abandoned by its owner; and
WHEREAS, N.J.S.A. 39:10A-1c provides that “when a motor vehicle which cannot be certified for junk title certificate…remains unclaimed by the owner…the motor vehicle may be sold at auction…”; and
WHEREAS, N.J.S.A. 39:10A-5 provides that “the proceeds realized therefrom, after payment of the expenses of possession and sale, shall be remitted to the treasury of the public agency as its sole property”; and
WHEREAS, towing and storage charges for the vehicle as of March 21, 2007 is $5,463.03; and
NOW THEREFORE, BE IT RESOLVED, Township Committee of the Township of Long Hill, County of Morris, State of New Jersey as follows:
1. The sale of the abandoned 1997 Cadillac Vehicle Identification Number W06VR54R1VR164783 is hereby authorized.
2. The public sale shall be conducted in accordance with the requirements of N.J.S.A. 39:10A-1c and d.
3. To view the vehicle contact DeFalco’s Towing, 26 Copmmerce Street, Chatham, NJ 07928 (973)-635-8333
4. The minimum bid that will be accepted is $5463.03.
5. If DeFalco’s Towing is the only bidder, title to the vehicle may be turned over to DeFalco’s Towing to cover the towing and storage charges.
6. If the vehicle is sold to a third party, the proceeds shall be used to pay the towing and storage charges and the transaction shall be handled for budgetary purposes as an appropriation and a refund of appropriation.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira directed Ms. Genovese to introduce Resolution #07-103.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
On motion of Ms. Genovese, seconded by Mr. Collins, Resolution #07-103 was introduced.
Ms. Genovese made a motion to amend Resolution #07-103 to appoint Lisa Chadwick Thompson to December 31, 2007. Mr. Collins seconded the motion. The vote on the amendment was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Ms. Genovese inquired of Chief Peoples, regarding Ms. Thompson’s performance as Municipal Prosecutor. Chief Peoples stated that the Police Department has no issues with Ms. Thompson’s performance at this time. Mayor Vitureira stated that the purpose of the resolution is to continue Ms. Thompson so the Governing Body could consider extending her contract further consider or consider other prosecutors. A discussion ensued regarding a RFP. Mr. Sluka stated that there was a decision to seek a proposal. A discussion ensued.
The vote to adopt Resolution #07-103 was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Mr. Collins, seconded by Mr. Briggs, and unanimous voice vote that the meeting was extended for another 15 minutes.
Mr. Sluka stated that Justin Lizza, DPW Director/Engineer was present, the Mayor had wanted him to attend the meeting in order to answer questions and Mr. Sluka suggested that Mr. Lizza be questioned before opening the meeting to the public because question from the public could arise based on the discussion. Mayor Vitureira could not recall the questions for which Mr. Lizza was asked to attend the meeting. Mr. Lizza inquired if the Governing Body would like a history report on the DPW vehicles. Mayor Vitureira responded in the affirmative.
Mayor Vitureira opened the meeting to the public.
Len Hamilton, stated that the ANJEC application also requires the approval of a resolution. Mr. Sluka inquired if the funds have to be encumbered. Mr. Hamilton responded in the negative.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Resolution #07-105 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
RESOLUTION 07-105
SUPPORTING THE SMART GROWTH APPLICATION TO ANJEC SUBMITTED BY THE LONG HILL TOWNSHIP ENVIRONMETAL COMMISSION
WHEREAS the Long Hill Township Environmental Commission was duly established by resolution on March 19, 1973; and
WHEREAS the Environmental Commission is charged with the responsibility of helping to preserve and protect the environmental resources of the Township; and
WHEREAS the Environmental Commission has prepared a grant application entitled Bringing Smart Growth to Long Hill Township to be submitted to the Association of New Jersey Environmental Commissions (ANJEC); and
WHEREAS the project proposed by this grant application involves the revision of elements of the Long Hill Township Master Plan and supporting changes in Land Use Ordinances; and
WHEREAS the results of these changes in the Master Plan and Land Use Ordinances will provide long-term benefits to the citizens of Long Hill Township; and
WHEREAS this grant application requests funding in the amount of $9,997 from ANJEC; and
WHEREAS the Township of Long Hill is to provide matching funds in the amount of $4,995 for in-kind services and $ 8,487 in additional cash funding for the project; and
WHEREAS the Township Committee of Long Hill will certify the necessary funds upon the receipt of award:
NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey does hereby approve the submission of this grant application and agrees to the terms of matching funding should the grant be awarded.
Mayor Vitureira requested that Mr. Hamilton email the resolution to Mr. Sluka.
No one wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Collins, seconded by Ms. Genovese and unanimous voice vote, the meeting reconvened into Executive Session at 11:09 p.m. and adjourned immediately following Executive Session at 11:35 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
MARCH 28, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, March 28, 2007 at 7:00 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 7:00 P.M. until 7:30 P.M.
RESOLUTION #07-098
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Mayor Vitureira, seconded by Mr. Briggs, Resolution #07-098 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 7:03 p.m.
The Township Committee reconvened to Regular Session at 7:36 p.m.
Ms. Genovese led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mayor Vitureira and Len Hamilton, Chairman of the Environmental Commission, presented Olga Neville with a Certificate of Appreciation for Outstanding Service.
Arthur DiBenedetto, Superintendent, Sue Becker, President of the Long Hill Board of Education and John Esposito, Business Administrator, presented the 2007-2008 Long Hill Township Board of Education budget which proposes a general fund spending increase of $447,800.00, a 3.9% tax levy and a total operating budget of $13 million.
Sue Becker encouraged everyone to vote on April 17th and noted financial challenges including: rising salaries, insurance and utility costs, an increase in the number of special education students and a tax levy Cap of 4%. Mr. DiBenedetto explained administrative costs and compared the Long Hill Township School District to the other 91 AA districts that have over 750 students. Mr. Esposito explained shared services.
Mr. DiBenedetto explained reductions including: 4 non-special education aid positions, 1 full-time teacher, 2 part-time teachers, supply items, co-curricular & sport activities and field trips. Mr. DiBenedetto stated that enrollment has leveled off, 90% of the budget is raised by the local tax levy which will be offset by approximately $275,000 through the utilization of balance funds.
Mayor Vitureira opened the meeting to the public for questions pertaining to the 2007-2008 proposed Long Hill Township Board of Education budget.
Gary Pratt, Gillette, inquired regarding the increase in legal fees. Mr. DiBenedetto stated that $12,000 per year was budgeted for legal fees which had to be increased due to a number of special education issues and a case at the civil level.
No one else wished to be heard.
Mr. Sluka explained the request for assistance with the Annual Great Swamp Clean-up including: supplying equipment, dumpsters and paying disposal costs. Mayor Vitureira directed that Mr. Sluka ascertain if other municipalities are contributing to the event. Mr. Pidgeon noted time constraints; the event is taking place on April 7th. Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this issue. There were none. Mayor Vitureira inquired if there were any objections from the Governing Body members regarding this event. There were none.
Mr. Sluka explained that an email was received by the Governing Body from Georgiene Laffey, owner of Copper Springs Beach & Tennis Club, requesting permission to hold “a Family Luau” on July 14th from 6:00 p.m. until 10:00 p.m. Mr. Pidgeon stated that Copper Springs has had a number of approvals over the years from the Planning Board and Board of Adjustment and there were a number of conditions attached to those approvals one of which provided that “party shall be permitted on Special Permit after due application from the Township Committee” but “that there not be permitted on the premises any band music, the use of any amplifying or public address or any other loud or noxious noises of any kind”. Mr. Pidgeon explained that if the Club wants to use amplification devices, they need to go back to the appropriate board to get an amended variance. A discussion ensued. Mayor Vitureira directed that a copy of the resolution instating the regulations be acquired and that the discussion be continued at a later date. Mayor Vitureira inquired if the Governing Body members had any problems with permitting the party other than with respect to the amplification. There were no concerns. Mr. Pidgeon stated that the Governing Body could request an interpretation from the Board of Adjustment without a formal application. Mayor Vitureira suggested sending the matter to the Board of Adjustment for an interpretation.
Mayor Vitureira opened the meeting to the public for questions regarding the request from Copper Springs Beach & Tennis Club.
Richard Pfluger, Meyersville, stated he lives a quarter mile away from the Club and during the summer months there is a constant problem with the volume of the public address system.
Bruce Meringolo, Stirling, inquired regarding Special Event Permits. Mr. Pidgeon stated that the Board of Adjustment resolution specifically provides that the Club can ask the Township Committee for permission to have the event, which the Governing Body has granted, but the second separate condition is that the Club cannot use amplified devices for music; the applicant or property owner would have to go to the Board for a variance.
No one else wished to be heard.
Len Hamilton, Chairman of the Environmental Commission, explained the request to apply for a Smart Growth Grant through the Association of New Jersey Environmental Commissions (ANJEC) with matching funds from the municipality. Mr. Hamilton stated that the proposal is to consider Master Plan revisions in the Valley Road corridor and Meyersville Village, energy & environmental reconsiderations as well as Best Management Practices for Stormwater and different ways of developing streetscapes which would go into the Master Plan and the Ordinances supporting it. Mr. Hamilton explained that the application requires 50% matching funds from the Township for a total of $10,000; $5,000 of which would come out of the Planning Board budget.
Ms. Genovese inquired regarding the Township contribution amounts and whether the funds have to be appropriated in the current budget cycle. Mr. Hamilton explained that the total cost of the project is approximately $23,000 - $24,000, the grant portion is $20,000 and that the grant runs from July 1, 2007 – July 1, 2008. Mayor Vitureira stated that the funding has already been allocated in the Planning Board budget.
Mr. Briggs inquired if the public received copies of the grant application. Mr. Hamilton stated that he has to make a few minor changes to the application and he would send the final version in pdf format to Mr. Sluka.
Mr. Aroneo inquired if the grant would be utilized to fund changes in the Master Plan which would assist in the development of Meyersville. Mr. Hamilton stated that they are looking to develop a Master Plan and Ordinances that support Best Management Practices which will help prevent the approval of items that the Township does not like. Mr. Aroneo inquired regarding the composition of the project team. Mr. Hamilton stated that the committee includes members of the Meyersville Subcommittee, as well as professionals and individuals with a long term interest in planning in the Township.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the ANJEC grant application.
Mr. Sluka inquired when the grant would be awarded. Mr. Hamilton stated that the grant, if awarded, would start on June 30th.
Jay Haddad, Millington, inquired regarding the amount of control the State would have over the Township if the ANJEC funding was awarded. Mr. Pidgeon stated that the grant funding would not take any authority away from the Planning Board to adopt a Master Plan or the Township Committee to adopt Land Use Ordinances; it is a study to reexamine the Master Plan and does not make any commitment to have a final product. The Planning Board is ultimately responsible for adopting the Master Plan.
Thomas Behr, Board of Adjustment Chairman, inquired if the grant would allow forthe examination of creative solutions at greater depth than a normal planning process would allow. Mr. Hamilton responded in the affirmative.
Mark Urbanski, Meyersville, voiced concern regarding the effect of the study on residents and suggested that information be published in the newspaper. Mr. Hamilton assured Mr. Urbanski that the Township will not be asking residents to move their homes closer to the streets. Mr. Aroneo stated that major blunders and errors have been created when people have built closer to the streets and Mr. Urbanski’s concerns are justified. Mr. Hamilton concurred and stated that the purpose of the Master Plan is to figure out how things can be done better. Mr. Briggs stated that this will be an open process; people will be able to ask questions in a number of forums.
Mike Smargiassi, Millington, recommended that the members of the subcommittee be changed in order to prevent a public perception issue. Mr. Hamilton suggested that the subcommittee consist of the following members: Mr. Hamilton, Mr. Lizza, Mr. O’Brien, Mr. Pidgeon and Mr. Carell and stated that additional Planning Board members are not needed because the issue will come back to the Planning Board at every juncture. Mr. Briggs suggested submitting the grant application and discussing the members at a later date. Mr. Pidgeon explained that this is a project team not a committee. Mr. Hamilton suggested himself as the only Planning Board member on the project team. Mayor Vitureira stated that Mr. Carell should be included.
No one else wished to be heard.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Mr. Hamilton be permitted to complete the grant application process. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee recessed at 9:00 p.m.
The Township Committee reconvened at 9:12 p.m.
Justin Lizza, Township Engineer/DPW Director, explained that three requests for the vacating of paper streets were received. Mr. Pidgeon described the following paper streets: Carol Lane, Manuel Street, Orange Street, Eloise Place and York Drive, stated that it is Mr. Lizza’s opinion that none of the streets will be required for public thoroughfare and explained that when a street is vacated, the title reverts to the prior owner or his/her successor. Mr. Pidgeon noted procedural requirements including notices being sent to all affected property owners.
Mr. Lizza stated that Manuel Street and Carol Lane would require a sanitary sewer line easement. Mr. Pidgeon explained that prior to final adoption the property owners would have to convey an easement deed to the Township for the sanitary sewer line and if they refuse, the Township will not vacate the paper street. A discussion ensued. Mayor Vitureira suggested introducing the Ordinance and scheduling the adoption in few months in order to conduct more analysis. Mr. Pidgeon explained that while this could be done, a significant amendment would be required.
Mr. Aroneo stated that he believed that the Governing Body had concluded that Manuel Street and Carol Lane did not have to be vacated since the owners could have use of the property and the Open Space Committee believed it may be prudent to retain the properties for open space access. Mr. Collins stated that a policy decision should be made to only address vacating issues twice a year, due to time and cost issues. Mr. Briggs stated that the individual needs of residents should be considered. Mr. Collins and Mr. Aroneo concurred that the individual needs of resident should be considered, but the matters should only be addressed a few times per year.
Mr. Pidgeon stated that historically, vacating ordinances were sent to the Planning Board before the Governing Body acted on them and suggested sending the ordinances to the Open Space Committee.
Mayor Vitureira opened the meeting to the public for questions regarding the street vacating ordinance.
Linda & Charles, Aulicky, 106 Western Boulevard, requested the vacating of Orange Street for the paving of their driveway. A discussion ensued. Mayor Vitureira stated that he does not see an urgency to resolve the issue and suggested that the Open Space Committee be given an opportunity to review the request.
June & Ronald Como, 40 Valley View Road, addressed the Governing Body regarding the vacating of York Drive in order to install a deck. Mayor Vitureira stated that he would acquire the revised Open Space Committee schedule from Mr. Aroneo, inform the Como’s and Aulicky’s of the schedule so they could appear before the Open Space Committee and then schedule the consideration of the vacating of the streets at the Township Committee meeting following the Open Space meeting.
Dennis Sandow, Millington, addressed the Governing Body regarding the vacation of all 49 paper streets in the Township and a paved street in the Township that was not dedicated. Mr. Pidgeon explained that the paved street is a defacto street. Mayor Vitureira suggested that Mr. Sandow present a report since he has already identifying the 49 paper streets. Mr. Sandow stated he would present a report.
Ken Fullagar, OEM Director, stated that the Governing Body should also consider other utilities such as: phone, water and underground facilities. Mr. Pidgeon stated that these are reserved by state law and ordinances.
No one else wished to be heard.
Mayor Vitureira requested that Ms. Falzarano speak regarding the creation of a neighborhood beautification committee.
Nancy Falzarano, Stirling, spoke regarding aesthetically improving areas of the Township including: the train stations, common corridors, welcome signs and suggested creating a dog park. Ms. Falzarano suggested that the funding for these projects come from fundraisers, Township licensing fees and maintenance fees which would be paid for by the dog owner group managing the park which will be supported by membership dues. Ms. Falzarano also suggested that a separate changeable plaque be used to display the sponsor of each welcome sign thereby enabling the Township to charge $500- $1,000 per year for the sponsorship. Ms. Genovese stated that last year she compiled a list of 8-10 businesses which were willing to purchase the signs and it would be more cost effective to have the businesses purchase each sign which costs between $2,000 - $3,000.
Ms. Falzarano suggested the installation of a two sided clock at the train station and the creation of the Promotion and Enhancement Committee (PEC) consisting of approximately five members, one of whom would be a Governing Body member. Ms. Falzarano stated that maintenance could be provided by the DPW and the dog park could be established in back of the Library/Town Hall. Ms Genovese suggested that local businesses could facilitate the project, flowers could be planted outside of Town Hall and changeable banners could be installed throughout the Township. Mr. Aroneo concurred. Mr. Sluka stated that employee participation could facilitate the process. Mayor Vitureira requested that Ms. Falzarano provide a synopsis for the Township Newsletter.
Mayor Vitureira opened the meeting to the public.
Gary Pratt, Gillette, noted the need for greater handicap accessibility at the Gillette Train Station, suggested the installation of a ramp at the station and volunteered to be a member of the PEC.
Dennis Sandow, Millington, stated that Ms. Genovese began the process last year with her business meetings, the momentum needs to be continued and invited Ms. Falarano to the Chamber of Commerce meeting at 8:00 a.m. on Friday. Mayor Vitureira suggested increasing the number of PEC members to 7 in order to include business owners.
Mayor Vitureira stated that funding is available in trust funds with restricted uses. Mr. Aroneo suggested utilizing sponsors. Mayor Vitureira stated that the volunteers should come up with funding sources.
Mr. Briggs inquired if Ms. Genovese would be interested in being the Governing Body liaison since she has already done a lot of work in this area. Ms. Genovese declined due to other commitments. Mr. Aroneo volunteered to be the liaison member and asked Mr. Sluka to represent him if the meetings take place during the day.
On motion of Mayor Vitureira, seconded by Mr. Aroneo that the Promotion and Enhancement Committee be created, consisting of 7 members, appointed by the Township Committee and to serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Nancy Falzarano be appointed as the Chairperson of the Promotion and Enhancement Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira requested that Len Hamilton discuss the Passaic River Trail Committee which was initially created in the 1990’s.
Len Hamilton, Environmental Commission Chairman, explained that volunteers cleared the trails and designed and put up trail markers. Mr. Hamilton noted some obstacles to completing the trail from the west end of the Township to Town Hall including the need to acquire easements from property owners. Mr. Hamilton explained phase II of the project which would continue the trail from Town Hall to the Senior Center/Gillette School at a considerable cost due to a ravine. A discussion ensued regarding possible members for the Passaic River Nature Trail Committee including: Alexandra Hennessy, Ed Gerecht and possibly a member of the Recreation Committee. Mr. Hamilton noted the possibility of networking the entire Township with walkways and connecting to trails in neighboring municipalities in the future. Mr. Aroneo emphasized the importance of connecting to Gillette School since Town Hall is the school’s evacuation site and a trail would create a safe evacuation route. Mr. Hamilton stated that this would be a great lever for funding.
Mayor Vitureira opened the meeting to the public. There were no questions.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that the Passaic River Trail Committee be created with 7 members, including one crossover member from the Recreation Committee, who shall be appointed and serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira nominated Gary Pratt as a member of the PEC.
On motion of Mr. Collins, seconded by Mr. Aroneo and unanimous voice vote, that Gary Pratt was appointed to the PEC.
Mayor Vitureira stated that Tom Sweeney and Mr. Sluka, should serve in an exoffcio capacity on the PEC. The Governing Body approved.
Tracy Aroneo, Recreation Advisory Committee Chairperson, stated that the committee has been working on closing the gap between the revenue and costs of operating Stirling Lake, improving the appearance of the lake, increasing badge sales, holding a Memorial Day Town Picnic/Lake Open House, having concession sales at the lake and holding a lake fund raiser for equipment purchases. Ms. Aroneo noted that Mr. Sluka was going out to bid for a concession truck and a new Lake Director was hired.
Ms. Aroneo mentioned goals for 2007 including: studying the use of Riverside Park and Meyersville field, creating another multipurpose field, more bike paths, a new recreation website and possibly creating new programs including: parent-tot swim classes and tot crafts at the lake.
Mayor Vitureira inquired regarding a Recreation Committee member for the Passaic River Trail Committee (PRTC). Ms. Aroneo noted Louise Noel. Mayor Vitureira requested that Ms. Aroneo ascertain if Ms. Noel would be interested in becoming a PRTC member and if so, she would be appointed at the next meeting.
Mayor Vitureira opened the meeting to the public. There were no questions.
Len Hamilton, Environmental Commission Chairmen, noted the committee’s goals for 2007 including: protecting and reestablishing canopy and historic roadways, alternate pesticide methods, Master Plan review, recycling, alternatives to salting roadways, conducting an energy audit at Town Hall and adopting regulations to protect against the tearing down of small houses in order to build larger ones. Mayor Vitureira inquired if a member of the Environmental Commission would be interested in becoming a member of the Ten Towns Committee. Mr. Hamilton stated that he would inquire.
Mayor Vitureira spoke against government involvement regarding restrictions on tearing down small houses to build larger ones and suggested architectural restrictions instead. Mr. Collins and Ms. Genovese noted soil erosion, environmental and Stormwater issues which could result from the building of larger houses. A discussion ensued. Mr. Aroneo suggested that Mr. Hamilton discuss the issue with the Zoning Board.
Mr. Aroneo suggested that a list of commonly used lawn chemicals and environmentally friendly alternatives be posted on the Township website and that a more convenient way for residents to dispose of their household hazardous chemicals be considered. Mr. Hamilton stated that a list of environmentally friendly lawn chemicals is on the Environmental Commission website and he has been working with Mr. Sweeney on a program in which residents could drop off more household hazardous chemicals locally which would then be taken by DPW to the County drop off site.
Mr. Collins read by title:
Ordinance #203-07 entitled “An Ordinance Authorizing Various Renovations and Improvements to the Wastewater Treatment System Including the Registration, Permitting and Removal of Underground Storage Tanks at the Wastewater Pumping Stations and Appropriating $125,000 from the Contribution in Aid of Construction Fund – Sewer”.
Mr. Briggs inquired regarding Ordinance #203-07. Mr. Pidgeon explained that the Ordinance encumbers funds; it puts money aside for projects. Mr. Sluka stated that the Township is trying to acquire funding for the removal of underground storage tanks.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #203-07. There were none.
On motion of Mr. Collins, seconded by Mr. Briggs, that Ordinance #203-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 25, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Aroneo read by title:
Ordinance #204-07 entitled “An Ordinance Increasing the Annual Fees for Liquor Licenses and Amending Chapter VI of the Township Code Entitled “Alcoholic Beverage Control”.
Mr. Briggs spoke against increasing the fees, that they were increased last year and noted that the total revenue increase from all the Liquor Establishments would amount to $1,050.00. Mr. Aroneo inquired regarding administration costs associated with liquor licenses. Mr. Collins and Mr. Sluka explained that there was a shortfall last year due to an incident. Ms. Genovese and Mayor Vitureira stated that this would not be a substantial increase. The Governing Body requested a cost analysis and comparison to neighboring municipalities.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #204-07. No one wished to be heard.
On motion of Mr. Aroneo, seconded by Mr. Collins, that Ordinance #204-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 11, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Ms. Genovese inquired if the auditors would be present at the April 11, 2007 meeting for the budget hearing. Mayor Vitureira responded in the affirmative.
Mayor Vitureira stated that there was a consensus not to introduce Ordinance #205-07 entitled “An Ordinance Vacating Various Paper Streets and Portions of Paper Streets”.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the Consent Agenda Resolutions. No one wished to be heard and Mayor Vitureira closed the meeting to the public.
Ms. Genovese stated that she would like to pull Resolution #07-103.
Ms. Genovese made a motion to appoint Lisa Chadwick Thompson as the Municipal Prosecutor until December 31, 2007. Mr. Collins seconded the motion. Mayor Vitureira stated that the Resolution was pulled.
Mayor Vitureira stated that Resolution #07-104 was added to the Consent Agenda. Mr. Collins stated that the resolution contains a typographical error and should read 2006 rather than 2007.
On motion of Mr. Briggs, seconded by Mr. Collins, the following Consent Agenda Resolutions, as amended and excluding #07-103, were introduced and adopted:
RESOLUTION 07-099
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-100
APPROVING EXECUTIVE SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of February 28, 2007.
RESOLUTION 07-101
APPROVING REGULAR SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of February 28, 2007.
RESOLUTION 07-102
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – WALLACE
WHEREAS, Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946 submitted application 05-18P, for Block 12802, Lots 2 & 3.01 and Block 14205 Lot 1; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected and to return the remaining balance of the Developer’s Escrow; and
WHEREAS, the Chief Financial Officer has authorized that the $714.70 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $714.70 to Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
RESOLUTION 07-104
AUTHORIZING SALE OF ABANDONED MOTOR VEHICLE
WHEREAS, Defalco’s Towing, in response to a request from the Township Police Department, towed a 1997 Cadillac Catera on September 5, 2006; and
WHEREAS, the motor vehicle has been abandoned by its owner; and
WHEREAS, N.J.S.A. 39:10A-1c provides that “when a motor vehicle which cannot be certified for junk title certificate…remains unclaimed by the owner…the motor vehicle may be sold at auction…”; and
WHEREAS, N.J.S.A. 39:10A-5 provides that “the proceeds realized therefrom, after payment of the expenses of possession and sale, shall be remitted to the treasury of the public agency as its sole property”; and
WHEREAS, towing and storage charges for the vehicle as of March 21, 2007 is $5,463.03; and
NOW THEREFORE, BE IT RESOLVED, Township Committee of the Township of Long Hill, County of Morris, State of New Jersey as follows:
1. The sale of the abandoned 1997 Cadillac Vehicle Identification Number W06VR54R1VR164783 is hereby authorized.
2. The public sale shall be conducted in accordance with the requirements of N.J.S.A. 39:10A-1c and d.
3. To view the vehicle contact DeFalco’s Towing, 26 Copmmerce Street, Chatham, NJ 07928 (973)-635-8333
4. The minimum bid that will be accepted is $5463.03.
5. If DeFalco’s Towing is the only bidder, title to the vehicle may be turned over to DeFalco’s Towing to cover the towing and storage charges.
6. If the vehicle is sold to a third party, the proceeds shall be used to pay the towing and storage charges and the transaction shall be handled for budgetary purposes as an appropriation and a refund of appropriation.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira directed Ms. Genovese to introduce Resolution #07-103.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
On motion of Ms. Genovese, seconded by Mr. Collins, Resolution #07-103 was introduced.
Ms. Genovese made a motion to amend Resolution #07-103 to appoint Lisa Chadwick Thompson to December 31, 2007. Mr. Collins seconded the motion. The vote on the amendment was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Ms. Genovese inquired of Chief Peoples, regarding Ms. Thompson’s performance as Municipal Prosecutor. Chief Peoples stated that the Police Department has no issues with Ms. Thompson’s performance at this time. Mayor Vitureira stated that the purpose of the resolution is to continue Ms. Thompson so the Governing Body could consider extending her contract further consider or consider other prosecutors. A discussion ensued regarding a RFP. Mr. Sluka stated that there was a decision to seek a proposal. A discussion ensued.
The vote to adopt Resolution #07-103 was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Mr. Collins, seconded by Mr. Briggs, and unanimous voice vote that the meeting was extended for another 15 minutes.
Mr. Sluka stated that Justin Lizza, DPW Director/Engineer was present, the Mayor had wanted him to attend the meeting in order to answer questions and Mr. Sluka suggested that Mr. Lizza be questioned before opening the meeting to the public because question from the public could arise based on the discussion. Mayor Vitureira could not recall the questions for which Mr. Lizza was asked to attend the meeting. Mr. Lizza inquired if the Governing Body would like a history report on the DPW vehicles. Mayor Vitureira responded in the affirmative.
Mayor Vitureira opened the meeting to the public.
Len Hamilton, stated that the ANJEC application also requires the approval of a resolution. Mr. Sluka inquired if the funds have to be encumbered. Mr. Hamilton responded in the negative.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Resolution #07-105 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
RESOLUTION 07-105
SUPPORTING THE SMART GROWTH APPLICATION TO ANJEC SUBMITTED BY THE LONG HILL TOWNSHIP ENVIRONMETAL COMMISSION
WHEREAS the Long Hill Township Environmental Commission was duly established by resolution on March 19, 1973; and
WHEREAS the Environmental Commission is charged with the responsibility of helping to preserve and protect the environmental resources of the Township; and
WHEREAS the Environmental Commission has prepared a grant application entitled Bringing Smart Growth to Long Hill Township to be submitted to the Association of New Jersey Environmental Commissions (ANJEC); and
WHEREAS the project proposed by this grant application involves the revision of elements of the Long Hill Township Master Plan and supporting changes in Land Use Ordinances; and
WHEREAS the results of these changes in the Master Plan and Land Use Ordinances will provide long-term benefits to the citizens of Long Hill Township; and
WHEREAS this grant application requests funding in the amount of $9,997 from ANJEC; and
WHEREAS the Township of Long Hill is to provide matching funds in the amount of $4,995 for in-kind services and $ 8,487 in additional cash funding for the project; and
WHEREAS the Township Committee of Long Hill will certify the necessary funds upon the receipt of award:
NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey does hereby approve the submission of this grant application and agrees to the terms of matching funding should the grant be awarded.
Mayor Vitureira requested that Mr. Hamilton email the resolution to Mr. Sluka.
No one wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Collins, seconded by Ms. Genovese and unanimous voice vote, the meeting reconvened into Executive Session at 11:09 p.m. and adjourned immediately following Executive Session at 11:35 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
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