MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
JANUARY 10, 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, January 10, 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 #07-039
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. Collins, Resolution #07-039 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 7:55 p.m.
Mr. Briggs 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.
On motion of Mr. Briggs, seconded by Mr. Aroneo, the payment of the bills, as presented by the Chief Financial Officer, were approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The bills list is appended to the Official Minutes.
Mayor Vitureira inquired regarding the volume of his microphone. Mr. Sluka stated that the microphones were tested during the week, they are all on the same frequency and any increase could result in feedback.
The following Standing Committee Appointments were added to those previously made on January 2, 2007:
Gina Genovese Mead Briggs
Board of Education CDBG
Environmental
First Aid
Mayor Vitureira proposed the following appointments to the Financial Responsibility Advisory Committee: Jerry Aroneo, Township Liaison, Peter O’Neill, Walter Sadowski, Lynne Combs, Chris Connor, Lisa Lazar and Bill Smullen.
Ms. Genovese nominated Karl Schlegel and Tom Behr, suggested that there be two Township Committee liaisons to the FRAC and nominated Chris Collins as the second liaison member. A discussion ensued regarding the origin of the FRAC and CAC.
Mayor Vitureira stated that the first issue is whether two Governing Body members are needed on the FRAC. Mr. Pidgeon stated that the motion which created FRAC was not specific. Mayor Vitureira inquired if there were any objections to having two Governing Body members on the FRAC. There were no objections.
Ms. Genovese inquired regarding the parameters, responsibilities, duties and authority of the FRAC members. Mr. Pidgeon stated that the FRAC, like any advisory committee, does not have the authority to direct anyone to do anything; they have no authority whatsoever. Mayor Vitureira stated that, “all relevant information that goes into the decisions with respect to the budget should be available to the committee”. Mr. Pidgeon stated that the FRAC should not have access to personnel files, but rather just generic budget information. Mr. Collins suggested that since there is already a Finance Committee, the responsibilities of the FRAC should be more defined so that the two committees do not overlap.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Peter O’Neill, Walter Sadowski, Lynne Combs, Chris Connor, Lisa Lazar and Bill Smullen be appointed members of the FRAC. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Ms. Genovese, seconded by Mr. Collins, that Karl Schlegel and Tom Behr be appointed members of the FRAC. The vote was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Mayor Vitureira asked if there were any objections to Mr. Collins being on the FRAC. There were no objections.
Mayor Vitureira nominated the following individuals to the Communication Advisory Committee: Mike Smargiassi, Chris Apuzzo, Bruce Maringolo and Dennis Sandow.
Mr. Collins stated that he would like to add Archer Rosenblum. Ms. Genovese stated that she would like to nominate Larry Fast because he is the current webmaster.
Mayor Vitureira requested a second to his motion.
Mr. Briggs seconded Mayor Vitureira’s nominations.
Ms. Genovese voiced concern regarding the appointment of Dennis Sandow to the CAC, stating that Mr. Sandow was dismissed as the Township’s as well as the Library’s webmaster. A discussion ensued regarding whether portions of the McGovern Investigative Report could be read into the record by a member of the Governing Body. Mr. Pidgeon stated that although the document has already been released to the public, he believes that detailed discussions by the Governing Body should be held in closed session. Ms. Genovese stated that she does not believe that it is in the Township’s best interest for Dennis Sandow to be on the CAC because of prior activities.
On motion of Mr. Collins, seconded by Ms. Genovese, that the CAC nominations be amended to also include Archer Rosenblum and Larry Fast. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The vote to approve the CAC membersm, as amended, was as follows:
Ms. Genovese inquired it this is a vote to appoint all the nominees. Mr. Pidgeon responded in the affirmative.
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira nominated Jerry Aroneo as the Township Committee liaison to the CAC. Mr. Collins suggested that there be two liaisons. Ms. Genovese, Mr. Collins and Mr. Briggs each declined the second liaison position at this time. The Governing Body noted that there are still openings on the CAC and encouraged anyone who is interested and has experience in this field to contact the Governing Body. Mr. Pidgeon explained that three Governing Body members cannot attend the FRAC nor the CAC at the same time, even if the third member does not speak, unless public notice is given.
Mayor Vitureira stated that Ed Gerecht will be moving up from the 1st Alternate position on the Board of Adjustment to fill the vacancy with the longer term on the Board and Michael Mazzucco will be filling the shorter term. Mayor Vitureira reappointed Sandi Raimer to the Board of Adjustment for a full four year term.
On motion of Mr. Collins, seconded by Mr. Aroneo, that Mike Mazzucco, Ed Gerecht and Sandi Raimer be appointed to the Board of Adjustment. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira nominated Mike Smargiassi as 1st Alternate and Mike Wanic as 2nd Alternate to the Board of Adjustment. Mr. Collins suggested making the nominations independently. Ms. Genovese nominated Bill Neville.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Mike Smargiassi be appointed to the Board of Adjustment. Mr. Pidgeon explained that this is a full-term appointment as an Alternate member and Mr. Sluka will determine whether Mr. Smargiassi will fill the 1st Alternate or 2nd Alternate position. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mr. Aroneo, seconded by Mr. Briggs, that Mike Wanic be appointed to the Board of Adjustment as an Alternate member. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira nominated Dick Albers, Vincent Blenx, Charles Furrer and Don Butterworth to the ad-hoc Sewer Ban Committee. There were no objections to the nominations.
Mayor Vitureira appointed Beth Smargiassi to the Recreation Advisory Committee.
Mayor Vitureira endorsed Walter Carell’s appointment to the Open Space Advisory Committee. Mr. Pidgeon stated that this is a Township Committee appointment which needs to be done by motion.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Walter Carell be appointed to the Open Space Advisory Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira announced that the Rutgers University Planning Department will begin working on a report on how to improve the Valley Road corridor on January 25th.
Mayor Vitureira announced that he has tickets available for the FORCE fundraiser which will be held at the Basking Ridge Country Club on January 27, 2007 from 7:00 p.m. and 11:00 p.m. The cost is $75.00 per person; $50.00 for seniors.
Mr. Sluka explained that last year, the Governing Body decided they would go into permanent financing in February 2007 and Mr. Faccone and Mr. McGuire of Samuel Klein & Company are present to explain the proposed bond sale and the repayment schedules.
Mr. McGuire and Mr. Faccone explained four different payment schedules, interest rates and their tax implications. A discussion ensued. Mr. Faccone explained that no principle will be due until 2008. A discussion ensued regarding the wrap-around versus level schedule.
Mr. Sluka explained that Bond Counsel is looking for a decision from the Governing Body as to which method they would like to apply so that the proper paperwork can be provided at the next meeting. A comparison was made between the wrap-around versus level schedule. Mayor Vitureira spoke in favor of the wrap-around schedule. Mr. Collins stated that approximately $362,000 would be saved over the life of the bond with the level schedule.
Mayor Vitureira opened the meeting for public comment on permanent financing.
Karl Schlegel, Stirling, urged the Governing Body to consider other factors while choosing the schedule.
Chris Connor, Millington, spoke regarding the wrap-around schedule.
No one else wished to be heard and Mayor Vitureira closed the meeting for public comment on permanent financing.
Ms. Genovese and Mr. Collins spoke in favor of the level schedule while Mr. Briggs spoke in favor of the wrap-around schedule.
Mayor Vitureira inquired if the decision could be postponed until the next meeting. Mr. Sluka stated that the only uncertainty is Mr. Aroneo’s and Mayor Vitureira’s positions and suggested that they email their opinions and then he can advise bond counsel. Mr. Pidgeon explained this would be legal, because Mayor Vitureira and Mr. Aroneo would be informing the Administrator of their positions and the formal decision would be made at the next meeting; “don’t communicate with each other and decide among yourselves, just if you two let Kevin know”. Mr. Aroneo stated that he is leaning towards the level schedule, but would like more time.
Mr. Pidgeon explained the request from Julia Pugliese, 26 Hickory Tavern Drive, to vacate a portion of Magna Drive and requested authorization to communicate with Ms. Pugliese’s attorney, Vincent Bisogno, to ascertain the title history of the property in question.
Thomas Murphy, engineer for the applicant, explained that during the process of submitting plans to the Planning Board, the Environmental Commission recommended that the driveway come out on Magna Drive, and that the additional land will make a cleaner subdivision. A discussion ensued. Mr. Pidgeon explained that if the property is a right-of-way, then it could be vacated by ordinance; if the Township owns the property it would ordinarily have to be sold at a public auction, unless it is undersized in which case it could be sold at a public auction to the adjoining property owners. Based upon a response from Mr. Murphy regarding the affect on the property line between the two lots, Mr. Pidgeon stated that the Governing Body should request a recommendation from the Planning Board.
Mayor Vitureira opened the meeting for public comment on the request made by Ms. Pugliese.
Mike Mazzucco, 226 Preston Drive, stated that many of the neighbors would like to see the property remain wooded and he would consider purchasing the property himself. Mr. Pidgeon explained that if the property was sold, a conservation easement could be instated in order to protect the trees. The matter was referred to the Planning Board for a recommendation.
Mr. Sluka explained the request to vacate the paper street known as Carol Lane by two separate property owners the DaSilvas and the Mazzas.
Dominic Mazza, 95 Long Hill Road, explained that he would like the Township to vacate the paper street so that he could install a fence in order to help alleviate disputes with his neighbor. Mr. Pidgeon stated that if the paper street was vacated, it would be up to the two property owners to determine who has title to it; the Township would no longer have any interest except for reserve of sewer easement. Mr. Sluka stated that responding to disputes between the neighbors has been costly to the Township. A discussion ensued.
The Township Committee recessed at 9:35 p.m.
The Township Committee reconvened at 9:44 p.m.
Vincent DaSilva, Gillette (representing his parents), stated that he believes that the property in question belongs to his family and they may need it in the future and are therefore not willing to give it up. A discussion ensued regarding vacating the paper street. Mayor Vitureira stated that he would be “happy to serve as mediator”. Mr. Pidgeon suggested that each property owner submit $100.00 and the Township could order the title search, via a title company. Mr. Collins suggested that the two property owners speak independently with Mr. Pidgeon regarding paying for the title search and once a decision is made, the Governing Body can hold a discussion as to how to proceed. The issue will be continued at the next meeting Township Committee meeting.
Mr. Sluka explained that the Township generally applies to the County for CDBG funding each year, a public hearing is a requirement of the application process and only certain areas of the Township are eligible for this funding. Mr. Sluka request direction from the Governing Body as to what project should be prepared for the CDBG application and public hearing. There was a consensus amongst the Governing Body members to apply for CDBG funding for Poplar Drive. A public hearing will be held at the next Township Committee meeting.
Mayor Vitureira opened the meeting to the public for suggestions on possible CDBG projects.
John Lloyd, 77 Woodland Road, suggested applying for CDBG funding for Circle Drive, Woodland Road and Fawnridge Drive. Mr. Sluka explained that eligible areas are determined by the federal government based on census data and that he would look into whether this area is eligible.
Tom Behr, Millington, inquired if the criteria for CDBG funding includes greenways or other non-paved areas. Mr. Sluka stated that Green Acres is a more common tool for these types of projects and that he would look into eligibility.
Bruce Meringolo, Stirling, suggested applying for CDBG funding for the installation of a walkway between Riverside Park and the Senior Center. Ms. Genovese stated that this is part of the floodwall project. Mr. Sluka explained the scope of the project. A discussion ensued regarding alternatives including: the installation of a temporary sidewalk, elevated walkway and the Senior Center applying for CDBG funding for the sidewalk. The suggestions were deemed to be unsafe and costly to the Township. The CDBG hearing will be held at the next Township Committee meeting.
Mr. Sluka gave the following report:
-The DEP inspected underground storage tanks, the application to register the tanks in order to be able to remove them in the future cost $1,300.00 and the matter will be brought before the Governing Body in the future for Capital Appropriations.
-Bids for the Stirling Revitalization project were received in December and the Governing Body will consider a resolution awarding the contract at the January 24, 2007 meeting.
-The Army Corps has sent notification that their budget for the fiscal year 2007 has not been approved and the moratorium on the floodwall project is still in effect.
-The Township was awarded a $5,000 allocation for the OEM program.
-The Township will receive approximately $99,000 in funding to install a traffic light at the intersection of Division Avenue and Valley Road. The total cost of the traffic signal is approximately $126,000. While the County usually pays for half of the installation cost and the Township pays for the other half, in this case the County will be paying for the installation of another traffic light at the intersection of Northfield Road and Valley Road. Mr. Sluka stated that the Township needs to do a traffic survey in order to move the projects forward and he will contact T&M Associates to do the survey unless there are objections from the Governing Body. Mr. Aroneo suggested a site clearance study to possibly improve visibility.
-More details regarding packages which are available in the Township for Verizon’s Statewide Franchise are on Verizon’s website.
-The Gillette Train Station Parking Permits are sold out and although the Gillette permits can be used at any of the three train stations, for some reason there have been more complaints this year. The increase in the parking fees is due to the new state required 7% sales tax on parking permits and there is currently a bill in Trenton to remove this tax.
-The Township received a grant in the amount of $2,500 for the DARE program.
-The 2007 Township calendars were mailed at the end of 2006 at a savings of approximately $8,000. While residents have stated that they like the coupons contained in the calendars, complaints have been received that the calendar appears to be too busy and there is no room to write on it.
Mayor Vitureira noted the addition of Resolution #07-040 to the agenda.
Mr. Aroneo made a motion to approve Resolution #07-040 entitled “Authorizing the Award of a Non-Fair and Open Contract for Accounting (Municipal Auditor) Services”. Mayor Vitureira stated that the appointment is being made to Nisivoccia. Mr. Briggs seconded the motion to approve resolution #07-040.
Mr. Collins stated that he is not in favor of awarding the contract to Nisivoccia, neither the CFO nor the Administrator were part of the interviewing process and he is uncomfortable recommending someone with whom he nor any Township professionals spoke. Ms. Genovese stated that other proposals were submitted at lower rates. Mr. Briggs spoke in support of awarding the contract to Nisivoccia. Mr. Aroneo stated that the proposal includes everything and that Nisivoccia promised to come to meetings as frequently as the Township wishes at no extra charge. A discussion ensued. Mr. Pidgeon stated that it should be made clear in the record that the Nisivoccia proposal included the Annual Financial Statement and Annual Debt Statement in their proposal of $32,000.
The vote to award the contract to Nisivocchia was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public.
Karl Schlegel, Stirling, addressed the Governing Body regarding the January 2, 2007 meeting, fair and equal representation by both political parties on the FRAC, the possible appointment of Sue Veitengruber as CFO, campaign promise of an open government and urged the Governing Body to provide advance notice regarding matters which will be discussed at meetings so that public can think about the matters and bring up concerns and questions prior to them being voted upon. Mr. Schlegel read into the record portions of the McGovern Investigative Report.
Mr. Pidgeon stated that advisory committees do not have the ability to appoint anyone; the Township Committee cannot delegate this authority to an advisory committee.
William Watts, Millington, stated that two positions are still open on the Historical Preservation Advisory Committee and urged the Governing Body to reappoint Rene Phelan and Larry Fast.
Claire Monroe, Gillette, asked each member of the Governing Body regarding their stance on the reappointment of Larry Fast to the Historical Preservation Advisory Committee and urged Mayor Vitureira to consider reappointing Mr. Fast.
Joe Connolly, Millington, urged the Governing Body to provide the public with background information on the committee member appointments and stated that not reappointing Larry Fast to the Historical Preservation Advisory Committee was an insult.
Ahmed Naga, PBA President, on behalf of the PBA, congratulated all new committee members welcomed back returning committee members, urged the Governing Body members to vote for salary increases for non-contractual employees and that the backgrounds of new hires be checked thoroughly prior to hiring. Ms. Genovese stated that by not giving raises, the work force is being divided between union and non-union employees, approving a cost of living increase is a small gesture to thank the employees who work so hard and noted Theresa Kielblock’s and Anna Imiolek’s dedication.
On motion of Mr. Collins, seconded by Ms. Genovese and unanimous voice vote that the meeting was extended 15 minutes.
Sue Collins, Millington, inquired how the appointment of the new auditor affects the items discussed during the permanent financing discussion and that Samuel Klein and Company is supposed to return with more data. Mayor Vitureira explained that this is separate issue. Ms. Collins inquired if the discussion regarding the appointment of Ms. Veitengruber as CFO will be continued in the future and if the public will receive advance notice. Mayor Vitureira responded in the affirmative.
Mr. Collins requested that the salary resolution be discussed at the next meeting.
Cicilia Cilli, Gillette, stated that not reappointing Larry Fast was a slap in the face of every single volunteer who has ever volunteered in the Township and what she saw at tonight’s meeting is “political patronage, cronyism and nepotism”.
Susan Gronske, Millington, stated that the other two nominees should have been appointed to the FRAC in order to allow for a wider array of opinions.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Collins, seconded by Mr. Briggs and unanimous voice vote, the meeting adjourned immediately following Executive Session at 11:09 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
