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
