MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
JANUARY 24, 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 24, 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 #07-041
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 #07-041 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 7:42 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.
The Township Committee convened into the Board of Health meeting at 7:45 p.m.
The Township Committee reconvened into Regular Session at 7:52 p.m.
Mr. Aroneo reported that he met with Ken Fullagar, OEM Director, received an overview of the Township’s OEM capabilities and functions as well as instructions on the issuance of a proclamation of emergency. The DPW began the annual curbside Christmas tree pickup on January 2nd and is working on the stormwater maintenance project.
Mr. Briggs thanked Gene Starr for his dedication to the Millington Fire Company and congratulated Dennis Lockwood on being appointed as the new Chief. The Millington Fire Company received a federal grant in the amount of $118,000 towards the purchase of a $155,000 brush truck. The annual fire department dinner will be held on February 3, 2007 and the Planning Board approved a bank across from the PNC bank on Valley Road.
Mr. Collins reported that the Recreation Advisory Committee will be proposing an ordinance allowing for the utilization of the pavilion only on Saturdays and non-holidays during the summer months.
Ms. Genovese reported that the First Aid dinner was held on Saturday, the First Aid Squad is having difficulty maintaining a daytime driver (suggestions of possible solutions will be presented to the Governing Body in approximately five weeks), the Environmental Commission held a reorganization meeting last Monday and are in the process of setting goals which will be reported during the next Standing Committee Reports. Ms. Genovese stated that she works on Monday nights which is when Board of Education meetings are held, she will attend meetings when necessary and obtain updates from Lisa Scanlon and Sue Becker.
Mayor Vitureira reported that met with individuals regarding bond issues, the new auditors recommended the wrap-around schedule, OEM was activated today due to an incident at Central School, the Seniors are happy with the new Senior Bus Service, the Sewer Ban Committee will be studying items that need work and replacement in the sewer plant and representatives from Rutgers University will be coming tomorrow regarding the Valley Road study.
Mr. Sluka explained that Mr. Gurval is seeking an additional extension for the occupancy of the old library due to scheduling problems with the Planning Board, ARC and his own personal schedule. Mr. Sluka further explained that this action is required by the Planning Board and provided copies of resolution #06-045 and the July 26, 2006 minutes which approved a previous six month extension.
On motion of Mr. Collins, seconded by Ms. Genovese, that Mr. Gurval’s request for an additional six month extension for the occupancy of the old library be granted. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Sluka reported the following:
- Assembly bill #38-57 eliminates the regional contribution agreement which facilitates municipal compliance with Affordable Housing. Long Hill Township has utilized this in the past and suggested that the Governing Body review the legislation and voice their opinion via resolution.
- Commission 11 notified the Township of two new components to their lead poisoning elimination program: Emergency Lead Poisoning Lead Relocation Program, which provides financial assistance to relocate families which have children who have tested positive for lead poisoning, and the Lead Hazard Control Assistance Fund which provides financial assistance to property owners to remediate lead hazards in their homes. Informational links will be provided on the Township website.
- NJ Transit met with Mr. Lizza and Chief Peoples to discuss a pole replacement project which they plan to begin in 2007 and complete in 2008. Twenty-one poles will be replaced in Long Hill Township, mostly during evenings and weekends. A few problematic poles will have to be replaced during daytime hours.
- Long Hill Township received a Body Armor Grant for 2006.
- The Municipal Alliance, a drug prevention program, requested annual seed money in the amount of $1,500 which is utilized for matching funds for grants. There were no objections.
Mayor Vitureira requested that Chief Peoples give a report regarding the incident which took place at Central School.
Chief Peoples stated that a suspicious knap sack was found at Central School today; there was a heightened sense of awareness since the school notified the police department yesterday that they had received a bomb threat for Monday, January 29, 2007. The Police Department, School Officials and Morris County Bomb Squad will be taking steps on Monday to minimize the impact of the bomb threat. Mayor Vitureira thanked the Police Department, Fire Department, Morris County Sheriff’s Office, Bomb Squad, Morris County Prosecutor’s Office, First Aid Squad, OEM and Red Cross for all their help during the incident. Chief Peoples additionally thanked the School Board of Education, for flawlessly implementing the Emergency Response Plan and St. Vincent de Paul School and Church for graciously opening their doors to shelter 350 students during the emergency.
Mayor Vitureira opened the meeting for questions pertaining to the incident which occurred at Central School.
Mario Bonaccorso thanked the Township for their timely response to the incident and inquired when the bomb threat was received. Chief Peoples explained that the faculty member who received the bomb threat via voice mail was out of the office, retrieved the message on January 23rd and immediately transferred the message to the principal and superintendent.
Gary Pratt, Gillette, inquired regarding the outcome of the suspicious knap sack. Chief Peoples stated that the knap sack contained X-Box video games.
Karl Schlegel, Stirling, inquired regarding procedures and precautions while children are at school. Chief Peoples explained that at the end of the day Friday, the school will be “swept”, it will be locked down Saturday and Sunday and will be “swept” again on Monday. Chief Peoples stated that this is considered a low level threat and assured that reasonable steps are being taken to minimize the impact on students.
Mayor Vitureira voiced confidence in all the personnel involved in the investigation.
No one else had any questions pertaining to this matter.
Mayor Vitureira opened the meeting to the public.
Cecilia Cilli, Gillette, read portions of two documents outlining the FRAC and other committees which were submitted by Mr. Sandow to Mayor Vitureira, Mr. Collins and Ms. Genovese in 2005 and stated that it is disturbing that members of the Governing Body are allowing Mr. Sandow to lead them.
Karl Schlegel, Stirling, spoke regarding the promise of open government, suggested that each Governing Body member be allowed to appoint an equal number of FRAC members without the need for a vote and urged the Governing Body to pass the salary resolution in the spirit of good will and new beginnings.
Felix Ruiz, 126 Laurel Avenue, Stirling, addressed the Governing Body regarding improving Laurel Avenue, Cedar Avenue and Magnolia Drive. Mr. Sluka stated that a CDBG application hearing regarding improvements to these roadways is part of tonight’s meeting and comments should be made during the hearing.
Don Knowles, Gillette, spoke in support of the Police Department and suggested that the Governing Body apply for a grant for the installation of sidewalks along Valley Road. Mayor Vitureira invited Mr. Knowles to meet with the Rutgers University group tomorrow at 2:00 p.m. The group will be studying Valley Road.
Frederica Muller, Stirling, spoke against improvements to Magnolia Avenue, stating that she does not want the roadway extended and inquired regarding the proposed improvements. Mr. Sluka explained that the application is for the milling and resurfacing of the existing roadway. Mayor Vitureira stated that he would meet with Ms. Muller, at her home, in order to see the roadway and suggested that Ms. Muller call Mr. Sluka to arrange the appointment.
June Como, 40 Valley View Road, Homestead Park, addressed the Governing Body regarding the vacating of a paper street. Mr. Sluka stated that he would talk to Mr. Lizza tomorrow and acquire the proper documentation for Ms. Como and Mr. Pidgeon could provide legal advice. Mayor Vitureira suggested that all the requests for the vacating of paper streets be addressed at one meeting.
Chris Connor, Millington, commented on the allegation that Mr. Sandow is dictating policy to the Township Committee. A discussion ensued regarding the document utilized to create the FRAC and CAC. Mr. Aroneo requested a copy of both Mr. Sandow’s and Mayor Vitureira’s documents. Mr. Collins stated that people are concerned that Mayor Vitureira is taking credit for other people’s work.
John Dapkins, Gillette, read an excerpt from the July 31, 2003 Asbury Park Press regarding legal bills in the Borough of Kingsburg from suspensions and hearings, which were allegedly due to a conspiracy to get rid of the Police Chief, Mayor, and other employees, in which Suzanne Veitengruber played a part. Mr. Dapkins inquired if Mayor Vitureira knew this and stated that he sees the same thing happening in Long Hill Township and suggested this was the purpose of wanting to hire Ms. Veitengruber. Mayor Vitureira replied “I know everything you know”.
Gary Pratt, Gillette, addressed the Governing Body regarding the installation of sidewalks along Valley Road, placing minutes on the Township website and voiced concern regarding aspects of the January 2, 2007 meeting including: conversations taking place amongst members of the Township Committee in what appeared to be a violation of the Sunshine Law and Mayor Vitureira not providing Mr. Collins and Ms. Genovese with information. Mr. Pidgeon stated that he was unaware of any actions of the Township Committee members which violated the Sunshine Law, he had counseled the Township Committee as to what they should be aware of in regards to the Sunshine Law with respect to the use of emails and other communications outside of the context of a publicly noticed meeting.
Bruce Meringolo, Stirling, stated that the CAC will be meeting tomorrow to discuss potential improvements to the website, encouraged everyone to attend the February 5, 2007 meeting at 7:00 p.m at Millington School regarding a survey which was conducted by the Board of Education and spoke in support of the FRAC and CAC. Mr. Collins stated that he does not recall Mr. Meringolo’s appointment to the CAC. Mayor Vitureira stated that he would make the appointment right now. A discussion ensued regarding the proper procedures for handling appointments. Mr. Aroneo stated that FRAC is compromised of people they thought they could work with and have an “open dialog, not people who are philosophically opposed to our budget process or our budget philosophy. This is a committee that we thought, really had the power to look at all works of government, financial and operations and come up with some suggestions that would help us save time, money and operate more efficiently. It’s not about cutting people from Town Hall, it’s not about excluding individuals from the process. It’s about opening up the budget process. And if anyone wants to come to any meetings, they’re certainly welcome.”
Sandy Guilfoyle, Millington, inquired if the FRAC will be advertised and held at an open public meeting. Mayor Vitureira stated “Yes. Absolutely,” that all the committees should be open to the public at all times except those which deal with confidential matters; nothing will be done without public input. Ms. Guilfoyle suggested that Mayor Vitureira learn Roberts Rules of Order so the meetings are conducted properly and noted possible violations of the Sunshine Law.
Mr. Sluka inquired if the FRAC meetings should be formally advertised. Mayor Vitureira stated that he does not want to waste tax dollars on formal advertising, the meetings should be posted on the website and other locations.
Joe Connolly, Millington, addressed the Governing Body regarding committee appointments. Mr. Pidgeon explained that the committee appointments are effective at the time of appointment, the minutes memorialize the action, and while a list of the appointees can be released, the draft minutes which have not yet been approved by the Township Committee cannot be released.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
Mayor Vitureira nominated Bruce Meringolo to the CAC.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Bruce Meringolo be appointed to the CAC.
Mr. Collins inquired regarding the number of individuals on the CAC. Mayor Vitureira stated that a limit was not established. Mr. Collins suggested discussing the matter at the next meeting. Mr. Pidgeon explained that the number could be changed by resolution at any time.
The vote to appoint Bruce Meringolo to the CAC was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira nominated Mike Mazzucco to the FRAC. Mr. Pidgeon stated that the MLUL provides that a member of the Board of Adjustment cannot hold any other government office but since this is an ad-hoc committee this regulation would not preclude his appointment.
Ms. Genovese stated that she would like to appoint Karl Schlegel and Tom Behr to the FRAC. Mr. Collins seconded Ms. Genovese’s nomination. Mayor Vitureira stated that it is a separate motion, that Bruce Mazzucco should be voted upon first and then Ms. Genovese can make her motion.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that Mike Mazzucco be appointed to the FRAC. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Ms. Genovese, seconded by Mr. Collins, that Karl Schlegel and Tom Behr be appointed to the FRAC.
A discussion ensued regarding the proposed appointments. Mr. Aroneo stated its about philosophies, they appoint people who have similar thoughts and “want to carry on business the way we do”. Mayor Vitureira stated that everyone is welcome to participate in the process and to contribute.
The vote to appoint Karl Schlegel and Tom Behr to the FRAC was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
The Township Committee recessed at 9:37 p.m.
The Township Committee reconvened at 9:48 p.m.
Mr. Sluka explained that the permanent financing process was begun at the last meeting, two resolutions have to be considered, a decision needs to be made whether to utilize the wrap-around or level schedule, Bob Beinfield, the Township’s Bond Counsel, was present to explain the process and timeframe necessary in order to conduct the bond sale on February 13th.
Mr. Beinfield explained that a disclosure statement has to be produced by the Township to inform the investing community regarding the details of the bonds, the sale would occur through a competitive sale process via an electronic bidding platform, resolutions would implement the sale, authorize the rating application process, the printing of the official statement and the selling of the debt.
Mayor Vitureira stated that there would be almost no tax impact for the next six to seven years if the wrap-around schedule is utilized. Mr. Collins explained that the wrap-around schedule pushes the payments onto future generations, thereby making the current budget look better and there is no guarantee that utilizing the wrap-around schedule will guarantee level taxes. A discussion ensued. Mr. Aroneo stated that the responsible thing is to minimize the impact on taxes today and to consider what will be passed onto future generations and spoke in support of a modified wrap-around schedule which would increase the amount of debt paid during the first three years. Mayor Vitureira stated that if the wrap-around schedule is utilized and $200,000 in bond ordinances is cancelled there would be a level impact on the 2008 taxes. Mr. Collins and Mr. Briggs voiced concern that a significant amount was already cancelled so this may not be possible.
Mayor Vitureira opened the meeting for public comment on permanent financing.
Chris Connor presented his own calculations. Mr. Collins noted errors in Mr. Connor’s calculations and explained that debt can also be cancelled if the level schedule is utilized.
Karl Schlegel, Stirling, stated that if the sewer upgrade of 1991 in the amount of $13 million was done properly by spending an additional $3 million at that time, the current situation would not exist and noted that the mayor at that time is one of the members of the FRAC.
Bruce Meringolo, Stirling, inquired regarding the wrap-around schedule.
Lou Casella, Millington, stated that the inflation rate needs to be considered.
Ms. Genovese stated that “if the wrap-around is going to be such a windfall, maybe we can give the non-contractual employees their cost of living raise”. Mr. Collins concurred.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
Mayor Vitureira inquired if the resolutions could be adopted now and the schedule be chosen at a later time. Mr. Beinfield explained that there will not be enough time to get the bonds out before the notes are due if the schedule is not adopted tonight and the resolutions should not be adopted without a schedule. A discussion ensued. Mr. Briggs and Mayor Vitureira stated that they were in favor of the wrap-around schedule. Mr. Aroneo stated that he was in favor of a modified wrap-around schedule with an increased principle. Mayor Vitureira stated that a modified wrap-around schedule is not an option. Mr. Aroneo stated that since it is not an option, he will go with the wrap-around schedule. Mr. Collins and Ms. Genovese stated that they were in favor of the level schedule.
Mr. Beinfield explained that resolution #07-056 combines the bonds and resolution #07-057 sets the terms and details of the sale of the bonds.
RESOLUTION 07-056
RESOLUTION PROVIDING FOR THE COMBINATION OF CERTAIN ISSUES OF BONDS OF THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY, INTO A SINGLE ISSUE OF GENERAL BONDS AGGREGATING $6,450,000 IN PRINCIPAL AMOUNT.
BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY, AS FOLLOWS:
Section 1. Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit described in Section 2 hereof, authorized pursuant to bond ordinances of the local unit heretofore adopted, shall be combined into a single and combined issue of bonds in the principal amount of $6,450,000.
Section 2. The principal amount of the bonds of the several issues of bonds to be combined into a single issue as above provided, the bond ordinance authorizing each of said several issues described by reference to its title and date of adoption, and the period or average period of usefulness determined in each of said bond ordinances are respectively as follows:
Principal Amount of Bonds Title of Ordinance and Date of Adoption Period or
Average Period
of Usefulness
(in Years)
$887,200 bonds “Bond ordinance making a supplemental appropriation of $1,800,000 for the Municipal Building located on Valley Road, in and by the Township heretofore authorized to be undertaken by the Township of Long Hill, in the County of Morris, New Jersey, and authorizing the issuance of $1,714,000 bonds or notes of the Township for financing such supplemental appropriation”, finally adopted on November 28, 2001 (Ordinance No. 96-01) 15
$2,366,700 bonds “Bond ordinance providing for construction of a new library building by the Township of Long Hill, in the County of Morris, New Jersey, appropriating $3,060,000 therefor and authorizing the issuance of $2,914,000 bonds or notes of the Township for financing such appropriation”, finally adopted on February 13, 2002 (Ordinance No. 101-02) 30
$427,400 bonds “Bond ordinance appropriating $3,321,075 and authorizing the issuance of $435,900 bonds or notes of the Township for various improvements or purposes authorized to be undertaken by the Township of Long Hill, in the County of Morris, New Jersey”, finally adopted on September 11, 2003 (Ordinance No. 110-02) 11.9
$594,300 bonds “Bond ordinance appropriating $640,000 and authorizing the issuance of $609,000 bonds or notes of the Township, for various improvements or purposes authorized to be undertaken by the Township of Long Hill, in the County of Morris, New Jersey”, finally adopted on May 14, 2003 (Ordinance No. 127-03) 11.18
$803,600 bonds “Bond ordinance appropriating $850,000, and authorizing the issuance of $809,000 bonds or notes of the Township, for various improvements or purposes authorized to be undertaken by the Township of Long Hill, in the County of Morris, New Jersey”, finally adopted on August 11, 2004 (#150-04) 15.6
$1,370,800 bonds “Bond ordinance appropriating $1,505,000, and authorizing the issuance of $1,433,000 bonds or notes of the Township, for various improvements or purposes authorized to be undertaken by the Township of Long Hill, in the County of Morris, New Jersey”, finally adopted on July 13, 2005 (#176-05) 17.5
Section 3. The following matters are hereby determined with respect to said combined issue of bonds:
(a) The average period of usefulness, taking into consideration the respective amounts of obligations presently authorized to be issued pursuant to each of said bond ordinances, respectively, is twenty (20) years.
(b) The bonds of said combined issue shall be designated “General Bonds of 2007” and shall mature within the said average period of usefulness hereinabove determined.
(c) The bonds of said combined issue shall be sold and issued in accordance with the provisions of said Local Bond Law applicable to the sale and issue of a single issue of bonds.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
(a) None of the bonds of the several issues of bonds described in Section 2 hereof has been heretofore sold or issued and the several bond ordinances described in Section 2 hereof have not heretofore been rescinded and now remain in full force and effect as authorizations for the amount of bonds set forth opposite the title of the several bond ordinances described in said Section 2 hereof.
(b) No bonds are authorized by any of the bond ordinances described in Section 2 hereof, except bonds in the amount set opposite the title of said bond ordinances in Section 2 hereof.
(c) The several purposes for the financing of which the bonds described in Section 2 hereof have been authorized to be issued pursuant to the respective bond ordinances described in Section 2 hereof are purposes for which bonds of this local unit may lawfully be issued pursuant to said Local Bond Law and are not purposes for which a deduction may be taken in any annual or supplemental debt statement of the local unit.
Section 5. This resolution shall take effect immediately.
On motion of Mr. Collins, seconded by Mayor Vitureira that resolution #07-056 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
RESOLUTION 07- 057
RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF $6,450,000 GENERAL BONDS OF 2007 OF THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY, AND PROVIDING FOR THEIR SALE.
BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY, AS FOLLOWS:
Terms of Bonds. The $6,450,000 General Bonds of 2007 (the “Bonds”) of the Township of Long Hill, in the County of Morris, New Jersey (the “Township”), referred to and described in the resolution adopted pursuant to the Local Bond Law of the State of New Jersey, by the Township Committee of the Township on January 24, 2007, entitled “Resolution providing for the combination of certain issues of bonds of the Township of Long Hill, in the County of Morris, New Jersey, into a single issue of General Bonds aggregating $6,450,000 in principal amount” and authorized by certain bond ordinances of the Township therein described, shall be dated February 15, 2007, shall bear interest payable semi-annually on February 15 and August 15 in each year, commencing August 15, 2007, expressed in a multiple of 1/8 or 1/20 of 1%, shall mature (subject to the option of the successful bidder to establish term bonds in accordance with the provisions of the notice of sale) in the principal amount of $200,000 on February 15 in each of the years 2008 to 2014, both inclusive, $375,000 on February 15 in each of the years 2015 to 2019, both inclusive, $400,000 on February 15 in each of the years 2020 to 2026, both inclusive, and $375,000 on February 15, 2027, and shall each bear a distinctive number to distinguish it from all other Bonds of said issue.
Book Entry Only Bonds. The Bonds shall be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The Bonds shall be issued in registered form and bond certificates for each maturity will be issued to The Depository Trust Company, New York, New York (“DTC”), registered in the name of its nominee Cede & Co., and immobilized in its custody. A book entry system will be employed, evidencing ownership of the Bonds in principal amount of $5,000 or any $1,000 increment in excess thereof, with transfers of ownership affected on the records of DTC and its participants pursuant to rules and procedures adopted by DTC and its participants. The successful bidder, as a condition to the delivery of the Bonds, will be required to deposit the bond certificates with DTC, registered in the name of Cede & Co. So long as Cede & Co. is the registered owner of the Bonds, principal and redemption price, if any, of and interest on the Bonds will be payable by the Township or its agent to DTC or its nominee as registered owner of the Bonds. The Bonds shall be executed in the name of the Township by the manual or facsimile signatures of its Mayor and its Chief Financial Officer, under the seal of the Township affixed, imprinted or otherwise reproduced thereon and attested by the manual signature of its Township Clerk.
Redemption. The Bonds maturing prior to February 15, 2018 are not subject to redemption prior to maturity at the option of the Township. The Bonds maturing on or after February 15, 2018 are subject to redemption prior to maturity at the option of the Township upon notice as described below in whole or in part, in any order of maturity and by lot within a maturity if less than all the Bonds of such maturity are to be redeemed, on any date on or after February 15, 2017, at a redemption price equal to 100% of the principal amount thereof, together with interest accrued, if any, to the date fixed for redemption. Notice of redemption shall be given by first-class mail, postage prepaid, to the registered owners of the Bonds or portions thereof to be redeemed, not less than thirty (30) days nor more than sixty (60) days prior to the redemption date, but such mailing shall not be a condition precedent to such redemption and failure so to mail any such notice shall not affect the validity of any proceedings for the redemption of Bonds. If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the redemption price on the redemption date therein designated and if, on the redemption date, moneys for payment of the redemption price of all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable. Less than all of a Bond in a denomination in excess of $5,000 may be so redeemed, and in such case, upon the surrender of such Bond, there shall be issued to the registered owner thereof, without charge therefor, for the unredeemed balance of the principal amount of such Bond, Bonds of like series, designation, maturity and interest rate in any of the authorized denominations.
Form of Bonds. The Bonds shall be in substantially the following form with such changes and modifications as may be required, necessary, convenient or desirable for delivery thereof (including the inclusion of mandatory sinking fund provisions if term Bonds are specified by the successful bidder):
THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS (the “Township”), a municipal corporation of the State of New Jersey, situate in said County of Morris, hereby acknowledges itself indebted and for value received promises to pay to the above-stated Registered Owner or registered assigns, the above-stated Principal Amount on the above-stated Maturity Date upon presentation and surrender of this bond, and to pay to the registered owner hereof interest on such sum, from the date of this bond until it matures or is redeemed, at the above-stated Interest Rate per annum payable semi-annually on February 15 and August 15 in each year, commencing August 15, 2007. Principal or redemption price, if any, of this bond will be paid in lawful money of the United States of America at the office of the Chief Financial Officer, Municipal Building, 915 Valley Road, Gillette, New Jersey. Interest on this bond will be payable by check or draft mailed to the registered owner hereof whose name appears on the registration books of the Township on February 1 and August 1 next preceding each interest payment date.
This bond is transferable only upon the books of the Township kept for that purpose at the office of the Chief Financial Officer, Municipal Building, 915 Valley Road, Gillette, New Jersey (the “Transfer Agent”), by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or such duly authorized attorney, and thereupon the Township shall issue in the name of the transferee a new bond or bonds of the same aggregate principal amount and series, designation, maturity and interest rate as the surrendered bond. The Township, the Transfer Agent and any paying agent of the Township may treat and consider the person in whose name this bond is registered as the holder and absolute owner hereof for the purpose of receiving
payment of, or on account of, the principal and interest due hereon and for all other purposes whatsoever.
This bond is one of an authorized issue of bonds and is issued pursuant to the Local Bond Law of the State of New Jersey, and as provided by resolution of the Township Committee of the Township entitled “Resolution providing for the combination of certain issues of bonds of the Township of Long Hill in the County of Morris, New Jersey, into a single issue of general bonds aggregating $6,450,000 in principal amount”, adopted on January 24, 2007 and the bond ordinances referred to therein.
The bonds maturing prior to February 15, 2018, are not subject to redemption prior to maturity at the option of the Township. The bonds maturing on or after February 15, 2018, are subject to redemption prior to maturity at the option of the Township upon notice as described below in whole or in part, in any order of maturity and by lot within a maturity if less than all the bonds of such maturity are to be redeemed, on any date on or after February 15, 2017, at a redemption price equal to 100% of the principal amount thereof, together with interest accrued, if any, to the date fixed for redemption.
Notice of redemption shall be given by first-class mail, postage prepaid, to the registered owners of the bonds or portions thereof to be redeemed, not less than thirty (30) days nor more than sixty (60) days prior to the redemption date, but such mailing shall not be a condition precedent to such redemption and failure so to mail any such notice shall not affect the validity of any proceedings for the redemption of bonds. If notice of redemption shall have been given as aforesaid, the bonds or portions thereof specified in said notice shall become due and payable at the redemption price on the redemption date therein designated and if, on the redemption date, moneys for payment of the redemption price of all the bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such bonds shall cease to accrue and become payable. Less than all of a bond in a denomination in excess of $5,000 may be so redeemed, and in such case, upon the surrender of such bond, there shall be issued to the registered owner thereof, without charge therefor, for the unredeemed balance of the principal amount of such bond, bonds of like series, designation, maturity and interest rate in any of the authorized denominations.
The full faith and credit of the Township are hereby irrevocably pledged for the punctual payment of the principal or redemption price, if any, and interest on this bond according to its terms.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of New Jersey to exist, to have happened or to have been performed precedent to or in the issuance of this bond exist, have happened and have been performed, and that the issue of bonds of which this is one does not exceed any limitation imposed thereon by said Constitution or statutes.
Sale of Bonds and Publication of Notices. The Bonds shall be sold upon sealed proposals delivered to the Municipal Building in the Township or electric proposals submitted on either Grant Street Group’s MuniAuction website or the Parity Electronic Bid System of i-Deal LLC (as shall be determined by the Chief Financial Officer of the Township after consultation with the Township auditor and bond counsel) on February 13, 2007 at 11:00 o’clock A.M. (or such other date or time as shall be determined by the Chief Financial Officer of the Township after consultation with the Township auditor and bond counsel) and the Township Clerk is hereby authorized and directed to (a) cause a notice of such sale to be published at least once, the first publication to be at least seven days prior to said sale in the “Echoes - Sentinel”, a newspaper published in the County of Morris, and circulating in the municipality, and (b) cause a summary of the notice of sale to be published at least once, the first publication to be at least seven days prior to said sale in “The Bond Buyer”, a financial newspaper published and circulating in the City of New York, New York.
Forms of Notices and Proposal. Said notice of sale, said summary of notice of sale and the “Proposal for Bonds” shall be in substantially the following forms, respectively, with such changes and modifications as may be approved by the Chief Financial Officer of the Township after consultation with the Township auditor and bond counsel:
NOTICE OF SALE
THE TOWNSHIP OF LONG HILL,
IN THE COUNTY OF MORRIS, NEW JERSEY
$6,450,000 GENERAL BONDS OF 2007
SEALED PROPOSALS will be received by the Chief Financial Officer of the Township of Long Hill, in the County of Morris, New Jersey (the “Township”), at the Municipal Building, 915 Valley Road, Gillette, New Jersey 07933, until 11:00 a.m., local time, and ELECTRONIC PROPOSALS will be received via the Parity Electronic Bid System (“PARITY”) of i-Deal LLC (“i-Deal”) on Tuesday, February 13, 2007 until 11:00 a.m., local time, at which time they will be publicly opened, received and announced, as appropriate, for the purchase of $6,450,000 General Bonds of 2007 (the “Bonds”) of the Township due on February 15 as follows, either as serial Bonds or as term Bonds with sinking fund installments in accordance with this Notice of Sale:
Year Principal Amount Year Principal Amount
2008 $200,000 2018 $375,000
2009 200,000 2019 375,000
2010 200,000 2020 400,000
2011 200,000 2021 400,000
2012 200,000 2022 400,000
2013 200,000 2023 400,000
2014 200,000 2024 400,000
2015 375,000 2025 400,000
2016 375,000 2026 400,000
2017 375,000 2027 375,000
The Bonds will be dated February 15, 2007, and will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance with this Notice of Sale, payable on February 15 and August 15 in each year until maturity or earlier redemption, commencing August 15, 2007. The record dates for the payment of principal of and interest on the Bonds will be the February 1 and August 1 next preceding each such payment date.
The Bonds will be issued in book-entry form only, initially in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”). Purchasers will not receive certificates representing their interests in the Bonds. Individual purchases will be in the principal amount of $1,000 (with a $5,000 minimum) and integral multiples thereof. Payments of principal or redemption price, if any, and interest will be made by the Township or its agent to DTC for subsequent disbursement to DTC participants to then be remitted to the beneficial owners of the Bonds.
The Bonds maturing prior to February 15, 2018, are not subject to redemption prior to their stated maturities at the option of the Township. The Bonds maturing on or after February 15, 2018, are subject to redemption prior to their stated maturities at the option of the Township upon mailed notice, as described in the resolution of the Township authorizing the Bonds, in whole or in part, in any order of maturity and by lot within a maturity if less than all the Bonds of such maturity are to be redeemed, on any date on or after February 15, 2017, at a redemption price equal to 100% of the principal amount thereof, together with interest accrued, if any, to the date fixed for redemption.
A bidder may aggregate consecutive principal maturities of the Bonds, for which such bidder bids the same interest rate, into term Bonds. Each such term Bond shall mature on the final maturity date of its consecutive maturities in an aggregate principal amount equal to the sum of the principal amounts of its consecutive maturities. Such term Bonds will be subject to mandatory sinking fund redemption at one hundred percent (100%) of the principal amount thereof, together with accrued interest to the date fixed for such redemption, in the amounts and on the dates that would have been consecutive serial maturities had no term Bond designation been made. Notice of redemption shall be given as provided in the resolution of the Township authorizing the Bonds.
The Bonds will be designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
Each proposal must specify in a multiple of 1/8 or 1/20 of 1% the rate or rates of interest which the Bonds are to bear. Not more than one rate of interest may be specified for the Bonds of the same maturity. There is no limitation on the number of rates of interest that may be specified. If more than one rate of interest is named, no rate of interest named for any maturity may be less than the rate of interest named for any prior maturity, and the difference between the highest and the lowest rates of interest named shall not exceed five percent (5%).
The Bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost. Such net interest cost shall be computed, as to each bid, by adding to the total principal amount of Bonds bid for the total interest cost to maturity in accordance with such bid and by deduction therefrom of the amount of premium, if any, bid. No proposal shall be considered that offers to pay an amount less than the principal amount of Bonds offered for sale or under which the total loan is made at an interest cost higher than the lowest net interest cost to the Township under any legally acceptable proposal, and if two (2) or more such bidders offer to pay the same lowest net interest cost, then the Bonds will be sold to one (1) of such bidders selected by lot from among all such bidders. The purchaser must also pay an amount equal to the interest on the Bonds accrued to the date of payment of the purchase price. The right is reserved to reject all bids and any bid not complying with the terms of this Notice of Sale may be rejected.
Each bidder is required to deposit a certified or cashier’s or treasurer’s check drawn upon a bank or trust company or a financial surety bond issued by Financial Security Assurance Inc., 350 Park Avenue, New York, New York 10022, in each case payable to the order of the Township of Long Hill, in the County of Morris, New Jersey, for $129,000 (the “Deposit Amount”). Such check or financial surety bond must be received by the Chief Financial Officer of the Township at or before 11:00 a.m., local time, on the bid date at the Municipal Building, 915 Valley Road, Gillette, New Jersey 07933. The financial surety bond must identify each bidder whose Deposit Amount is guaranteed by the financial surety bond. If the Bonds are awarded to a bidder utilizing a financial surety bond, then that bidder is required to pay the Deposit Amount to the Township by wire transfer not later than 1:00 p.m., local time, on the next business day following the award. If the Deposit Amount is not received by that time, the Township may draw upon the financial surety bond to satisfy the Deposit Amount requirement. No interest on the Deposit Amount will accrue to the successful bidder. The Deposit Amount will be applied in part payment for the Bonds or to secure the Township from any loss resulting from the failure of the successful bidder to comply with the terms of its bid.
Award of the Bonds to the successful bidder, or rejection of all bids, is expected to be made promptly after opening of the bids, but the successful bidder may not withdraw its proposal until after 3:00 p.m., local time, of the day of such bid-opening and then only if such award has not been made prior to the withdrawal. The Bonds will be delivered and shall be paid for in immediately available funds on or about February 26, 2007, at such place in Newark, New Jersey, and on such business day and at such hour, as the undersigned shall fix on five (5) business days’ notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder.
Each sealed proposal must be enclosed in an envelope and should be marked on the outside “Proposal for Bonds” and, if mailed, addressed to or in care of the Chief Financial Officer of the Township at the Municipal Building, 915 Valley Road, Gillette, New Jersey, 07933.
Each electronic proposal must be submitted via PARITY. No bidder will see any other bidder’s bid, nor will any bidder see the status of its bid relative to other bids (e.g., whether its bid is a leading bid). To the extent any instructions or directions set forth on PARITY conflict with this Notice of Sale, the terms of this Notice of Sale shall control. For further information about PARITY, potential bidders may contact PARITY at i-Deal at (212) 404-8102. The Township may, but is not obligated to, acknowledge its acceptance in writing of any bid submitted electronically via PARITY. In the event that a bid for the Bonds is submitted via PARITY, the bidder further agrees that:
The Township may regard the electronic transmission of the bid via PARITY (including information about the purchase price of the Bonds, the interest rate or rates to be borne by the various maturities of the Bonds, the term Bonds, if any, specified, the initial public offering price of each maturity of the Bonds and any other information included in such transmission) as though the same information were submitted on the official “Proposal for Bonds” provided by the Township and executed by a duly authorized signatory of the bidder. If a bid submitted electronically via PARITY is accepted by the Township, the terms of the official “Proposal for Bonds” and this Notice of Sale and the information that is electronically transmitted via PARITY shall form a contract, and the successful bidder shall be bound by the terms of such contract.
PARITY is not an agent of the Township, and the Township shall have no liability whatsoever based on any bidder’s use of PARITY, including but not limited to any failure by PARITY to correctly or timely transmit information provided by the Township or information provided by the bidder.
The Township may choose to discontinue use of electronic bidding via PARITY by issuing a notification to such effect via TM3 News Services, or by other available means, no later than 3:00 p.m., eastern time, on the last business date prior to the bid date.
Once the bids are communicated electronically via PARITY to the Township, each bid will constitute an official “Proposal for Bonds” and shall be deemed to be an irrevocable offer to purchase the Bonds on the terms provided in this Notice of Sale. For purposes of submitting all “Proposals for Bonds”, whether electronically or sealed, the time as maintained on PARITY shall constitute the official time.
Each bidder shall be solely responsible to make necessary arrangements to access PARITY for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the Township nor i-Deal shall have any duty or obligation to provide or assure to any bidder, and neither the Township nor i-Deal shall be responsible for the proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY. The Township is using PARITY as a communication mechanism, and not as the Township’s agent, to conduct the electronic bidding for the Bonds. By using PARITY, each bidder agrees to hold the Township harmless for any harm or damages caused to such bidder in connection with its use of PARITY for bidding on the Bonds.
The successful bidder may at its option refuse to accept the Bonds if prior to their delivery any income tax law of the United States of America shall provide that the interest thereon is taxable, or shall be taxable at a future date, for federal income tax purposes, and in such case the Deposit Amount paid by it will be returned and the successful bidder will be relieved of its contractual obligations arising from the acceptance of its proposal.
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, any purchase of such insurance or commitment therefor shall be at the sole option and expense of the bidder and any increased costs of issuance of the Bonds resulting by reason of such insurance, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not in any way relieve the purchaser of its contractual obligations arising from the acceptance of its proposal for the purchase of the Bonds.
Prior to or simultaneously with the delivery of the Bonds, the successful bidder shall furnish to the Township a certificate, in form acceptable to bond counsel to the Township, setting forth the price or yields of each maturity of the Bonds calculated on the basis of retail sales of the Bonds, in accordance with the requirements of the Internal Revenue Code of 1986, as amended.
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such number on any Bond nor any error with respect thereto shall constitute cause for the failure or refusal of the successful bidder to accept delivery of and pay for the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP numbers on the Bonds shall be the responsibility of and shall be paid for by the successful bidder.
A preliminary official statement (the “Preliminary Official Statement”) relating to the Bonds is available at www.i-DealProspectus.com or from bond counsel to the Township and the Preliminary Official Statement is deemed final as of its date by the Township for purposes and within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. A final official statement (the “Official Statement”) will be delivered to the successful bidder within seven (7) business days of the award of the Bonds. In order to assist bidders in complying with said Rule 15c2-12, the Township will undertake to provide certain continuing disclosure as further described in the Preliminary Official Statement.
The successful bidder will be furnished, without cost, with the approving opinion of the law firm of Hawkins Delafield & Wood LLP, bond counsel to the Township, to the effect that the Bonds are valid and legally binding obligations of the Township and, unless paid from other sources, are payable from ad valorem taxes levied upon all the taxable property therein without limitation as to rate or amount. The obligations under this Notice of Sale to deliver or accept the Bonds pursuant to this Notice of Sale shall be conditioned on the availability to the successful bidder and delivery at the time of delivery of the Bonds of the said approving opinion and of certificates in form and tenor satisfactory to said law firm evidencing the proper execution and delivery of the Bonds and receipt of payment therefor and including a statement, dated as of the date of such delivery, to the effect that, except as may be disclosed in the Official Statement, there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened relating to the Bonds.
The Township reserves the right to postpone, from time to time, the date and time established for receipt of bids. Any such postponement will be published on TM3 News Services, or by other available means, not less than twenty-four (24) hours prior to the sale. If any date fixed for the receipt of bids and the sale of the Bonds is postponed, an alternative sale date will be announced via TM3 News Services, or by other available means, at least forty-eight (48) hours prior to such alternative sale date. Additional Matters Contained in Bonds. The Township Clerk is hereby authorized and, if necessary or advisable in the opinion of Hawkins Delafield & Wood LLP, directed (a) to cause the applicable CUSIP numbers (if any) assigned for each of said bonds by the CUSIP Service Bureau of Standard & Poor’s Corporation of New York, New York, to be printed on the Bonds, and (b) to cause, in the event that the Bonds shall qualify for issuance of any policy of municipal bond insurance, at the option of the purchaser thereof, such legend or reference (if any) of such insurance to be printed (at the expense of such purchaser) on the reverse of the Bonds in such form as shall be satisfactory to Hawkins Delafield & Wood LLP.
Delivery of Related Documents. Upon the date of issue of the Bonds, being the date of delivery of the Bonds to the successful bidder and the payment of the purchase price thereof in accordance with the contract of sale, the Township Clerk is hereby authorized and directed, as of the date of issue, to deliver to said bidder (a) an arbitrage and use of proceeds certificate with respect to the Bonds in such form as shall be satisfactory to Hawkins Delafield & Wood LLP under and for the purposes of Section 148 of the Internal Revenue Code of 1986, as amended to said date of issue (the “Code”), (b) an undertaking to provide continuing disclosure in order to assist said bidder in complying with Rule 15c2-12 of the Securities and Exchange Commission (“Rule 15c2-12”) in a form satisfactory to Hawkins Delafield & Wood LLP and (c) such other documents as may be useful, necessary, convenient or desirable in connection with the issuance of the Bonds.
Delegation of Power to Award Bonds. The Township Committee of the Township, as the governing body thereof, does by this resolution designate the Chief Financial Officer of the Township, or such other Township official as may be deemed appropriate, to sell and award the Bonds in accordance with the advertised terms of public sale. Said Chief Financial Officer or other Township official making such sale shall report in writing to this governing body at its next meeting thereafter as to the principal amount, interest rate and maturities of the Bonds sold, the price obtained and the name of the purchaser. Such Chief Financial Officer or other Township official is hereby further authorized and directed to do and accomplish all matters and things necessary or desirable to accomplish the sale of the Bonds including, after consultation with the Township auditor and bond counsel, postponing and rescheduling from time to time the sale of the Bonds in accordance with the provisions set forth in the notice of sale and as provided by law.
Bank-Qualified Designation. The Bonds are hereby designated as “qualified tax-exempt obligations” pursuant to and for the purposes of Section 265(b)(3) of the Code, or to the extent the Bonds refund other obligations of the Township, the Bonds are “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(D)(iii) of the Code. Not more than $10,000,000 of obligations, including the Bonds, of the Township and all subordinate entities thereof are expected to be designated by the Township for purposes of Section 265(b)(3) of the Code. As of the date hereof, the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, as referred to and defined in Section 141 of the Code and current refundings of other obligations of the Township), which will be issued by the Township and all subordinate entities thereof during the 2007 calendar year does not exceed $10,000,000.
Preliminary Official Statement. All action taken to date by the officials, employees and agents of the Township with respect to the issuance of the Bonds, including the preparation of a Preliminary Official Statement with respect thereto be and the same hereby are approved, ratified, adopted and confirmed and the Chief Financial Officer of the Township is hereby authorized to deliver said Preliminary Official Statement for its use in the sale, resale and distribution of the Bonds. The Chief Financial Officer of the Township or such other Township official as may be appropriate is hereby authorized and directed to deem said Preliminary Official Statement final as of its date for purposes and within the meaning of Rule 15c2-12.
Final Official Statement. The execution, delivery and dissemination of a final Official Statement in substantially the same form as said Preliminary Official Statement with such changes, insertions and omissions as may be approved by the Chief Financial Officer of the Township with respect to the issuance of the Bonds by and on behalf of the Township, is hereby authorized, and the Chief Financial Officer of the Township or such other Township official as may be deemed appropriate is hereby authorized and directed to execute the same in the name and on behalf of the Township Committee and is further authorized to deliver said final Official Statement in executed form for its use in the sale, resale and distribution of the Bonds. The execution of said final Official Statement by the Chief Financial Officer of the Township or such other Township official as may be deemed appropriate shall be conclusive evidence of any approval required hereby.
Actions to be Taken on Behalf of the Township. The Chief Financial Officer of the Township and the Township Clerk are to do all matters necessary, useful, convenient or desirable to accomplish the sale and delivery of the Bonds, including without limitation matters relating to the provision of electronic bids for the Bonds.
Prior Action. All action heretofore taken by Township officials and professionals relating to the sale of the Bonds, including without limitation the publication of the notice of sale and the summary notice of sale and the distribution of the Preliminary Official Statement is hereby ratified, confirmed, adopted and approved.
Effective Date. This resolution shall take effect immediately.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that resolution # 07-057, with the attachment of the wrap-around schedule, was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Nay
Ms. Genovese Nay
Mayor Vitureira Aye
Mayor Vitureira announced that the DaSilva/Mazza matter was postponed. Mr. Pidgeon explained that the title search company was unable to complete the search and promised that the results would be available well in advance of the next meeting.
Steve Kesselmeyer, member of the Millington Fire Company, explained the request for a waiver of building permit fees.
On motion of Mr. Collins, seconded by Mayor Vitureira and unanimous voice vote, that the request from the Millington Fire Company for waiver of building permit fees was approved.
Mr. Sluka explained that the 2007 CDBG application for Poplar Drive includes: the sidewalks that the Township applied for last year, treescaping of approximately twelve trees, a grass buffer, Belgian block curbing, the resurfacing of Magnolia Avenue, Laurel Avenue and Cedar Avenues. Mr. Sluka stated the estimated cost of the project is $156,000 and the Township is applying for the maximum amount of $80,000, DEP permits would be required, the project would begin July/August 2007 and end in 2008 and matching funds in the amount of $76,000 are required. There were no objections to the matching fund of $76,000 and Mr. Sluka inquired how the Governing Body would like to fund the project. Mr. Aroneo suggested funding through existing bonds. Mr. Pidgeon stated that a new bond ordinance may be required. Mayor Vitureira directed that existing bonds be reviewed.
Mayor Vitureira opened the meeting for a public hearing on the 2007 CDBG application.
No one wished to be heard and Mayor Vitureira closed the meeting for a public hearing on the 2007 CDBG application.
Mayor Vitureira stated that the Township is moving forward with the CDBG application. Mr. Sluka explained that excerpts of the minutes pertaining to the CDBG hearing are a requirement of the application process and the conversations which took place earlier in the meeting would be included.
Mayor Vitureira appointed Mary Lou Weller, the Township Historian, to the Historic Preservation Advisory Committee.
Mayor Vitureira opened the meeting to the public.
William Watts, Millington, inquired regarding the Millington Fire Company’s request. Mr. Sluka explained that the request was for the removal of an underground storage tank.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
Mr. Sluka recommended amending resolution #07-050 by removing a bill from Samuel Klein & Company and adding a bill from Pidgeon & Pidgeon in the amount of $6,307.09.
Mr. Pidgeon stated that resolution #07-051 could be left on the consent agenda with Mr. Briggs and Mr. Aroneo abstaining.
On motion of Mr. Collins, seconded by Mr. Aroneo, the following Consent Agenda Resolutions, as amended, were introduced and adopted:
RESOLUTION 07-042
ACCEPTING 2006 BODY ARMOR GRANT
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby accept a grant award in the amount of two thousand seven hundred thirty two dollars and thirty eight cents ($2,732.38) from the State of New Jersey, Office of the Attorney General, Division of Criminal Justice for Body Armor Replacement.
RESOLUTION 07-043
AUTHORIZING CANCELLATION OF OUTSTANDING CHECK
WHEREAS, there is an outstanding check which was drawn on the Magistrate Account (Bank of New York) and said check has been outstanding for more than six (6) months; and
WHEREAS, the Municipal Court of the Township of Long Hill is desirous of voiding said check;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill that the Chief Financial Officer is hereby authorized and directed to void said check:
Check Number Date Issued Amount
5272 05/08/2006 $44.00
RESOLUTION 07-044
CERTIFYING ACTIVE MEMBERSHIP WITH MILLINGTON VOLUNTEER FIRE COMPANY FOR NEW JERSEY STATE FIREMEN’S ASSOCIATION ELIGIBILITY
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby certify that Matthew P. Urenovich is an active member of the Millington Volunteer Fire Company and is eligible to be a member of the New Jersey State Firemen’s Association.
RESOLUTION 07-045
AUTHORIZING RELEASE OF EXECUTIVE SESSION MINUTES
WHEREAS, a request for public records has occurred in which executive session minutes have been requested; and
WHEREAS, the executive session minutes have been reviewed.
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey hereby authorizes the release of the executive session minutes of February 22, 2006 as redacted.
RESOLUTION 07-046
AUTHORIZING OVERNIGHT CAMPOUT AT HICK’S TRACT -
GIRL SCOUT TROOP 816
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby authorize Girl Scout Troop 816 to hold their overnight campout on June 2, 2007 (6.p.m.) until June 3, 2007 (10:00 a.m.) at the Hick’s Tract. In addition a camp fire is authorized, provided that a permit is received from the Fire Official, an appropriate insurance certificate is presented to the Township Administrator and adjacent property owners are notified.
RESOLUTION 07-047
APPROVING INCREASE OF CHANGE FUND FOR MUNICIPAL CLERK’S OFFICE
WHEREAS, the need to increase the change fund for the Municipal Clerk’s Office from $50.00 to $75.00 has presented itself; and
WHEREAS, the custodian of the change fund of the Municipal Clerk’s Office is Kevin Sluka, who is bonded for the amount of $20,000.00; and
WHEREAS, such custodian shall maintain records for this fund in a manner conducive to proper accounting and auditing procedures;
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey, does hereby approve an increase to the change fund for the Municipal Clerk’s Office from $50.00 to $75.00.
RESOLUTION 07-048
AUTHORIZING APPROPRIATION RESERVE TRANSFERS
BE IT RESOLVED, by the Township Committee of Long Hill Township that the Chief Financial Officer be and is hereby authorized to make the following transfers of 2006 Budget Reserve Appropriations as per N.J.S.A. 40A:4-59 in the amount of $: 45,663.00
FROM
Streets & Roads S&W $ 25,663.00
Closure & Contingency OE $ 20,000.00
TOTAL $45,663.00
TO
Financial Administration OE $ 4,732.00
Fire Fleet Maintenance OE $ 3,200.00
Electricity OE $ 37,731.00
TOTAL $45,663.00
RESOLUTION 07-049
AWARDING CONTRACT FOR STIRLING VILLAGE REVITALIZATION PROJECT
WHEREAS, the Township of Long Hill received (6) six sealed bid for Stirling Village Revitalization Project on December 14, 2006; and
WHEREAS, the bids received were as follows:
Bidder Base Bid Alternate Total
The Concrete Masters $504,046 $168,270 $672,316
Z Brothers $573,120.50 $192,980 $766,100.50
Al Neto $650,498 $207,210 $857,708
Tec-Con $738,130 $247,859 $985,989
Caro Corp. $756,639.25 $242,767.25 $999,406.50
Marvec $740,000 $265,000 $1,005,000
WHEREAS, Concrete Masters was the lowest bid at a total of $672,316; and
WHEREAS, it was determined that Concrete Masters was not the lowest responsible bidder; and
WHEREAS, as per letter dated January 11, 2007 from Paulo Almeida, Vice President of The Concrete Masters, Inc., to Kevin Sluka, Administrator in which he states he wishes to withdraw his bid. “A simple review of the amount of our bid as compared to the other bids and the reasonable value of the work clearly established that there was a mistake in The Concrete Master’s bid.”
WHEREAS, the lowest responsible bid was received by Z Brothers Concrete Contractors Inc., 304 Jernee Mill Road, Sayerville, NJ 08872 at $573,120.50 for the base bid and $192,980 for the alternate; and
WHEREAS, the bid submitted by Z Brothers has been reviewed by the Township Attorney and T & M Associates Consulting Engineers 11 Tindall Road, Middletown New Jersey and found acceptable; and
WHEREAS, the Township Administrator, serving as the Purchasing Agent recommends the award of the contract for the Stirling Village Revitalization to Z Brothers Concrete Contractors Inc., 304 Jernee Mill Road, Sayerville, NJ 08872; and
NOW, THEREFORE BE IT RESOLVED that the Township Committee of the Township of Long Hill, County of Morris, New Jersey as follows:
1. Award the contract to Z Brothers Concrete Contractors Inc., 304 Jernee Mill Road, Sayerville, NJ 08872.
2. The contract shall be in the amount of five hundred seventy three thousand one hundred twenty dollars and fifty cents ($573,120.50) for the base bid and one hundred ninety two thousand nine hundred eighty dollars ($192,980) for the alternate.
3. Mayor and Municipal Clerk are hereby authorized and directed to execute the contract for Stirling Village Revitalization Project.
RESOLUTION 07-050
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 07-051
APPROVING REGULAR SESSION MINUTES – DECEMBER 20, 2006
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of December 20, 2006.
RESOLUTION 07-052
APPROVING REGULAR SESSION MINUTES – JANUARY 2, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of January 7, 2007.
TOWNSHIP OF LONG HILL
RESOLUTION 07-053
A RESOLUTION AUTHORIZING SETTLEMENT OF TIFA LITIGATION
WHEREAS, TIFA Realty, Inc. filed a prerogative writ action against the Township, the Planning Board and Dawn Wolfe challenging Section 161.2 of the Township Zoning Ordinance; and
WHEREAS, the Township subsequently amended Zoning Ordinance Section 161.2; and
WHEREAS, TIFA has agreed to dismiss its lawsuit and to release all claims against the Township, the Planning Board and Dawn Wolfe as set forth in the settlement agreement; and
WHEREAS, the proposed settlement agreement is in the best interests of the Township;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey that the Mayor and Clerk are hereby authorized to sign the settlement agreement on behalf of the Township.
RESOLUTION 07-054
AUTHORIZING THE TOWNSHIP TO APPLY FOR GRANT FUNDS TO MORRIS COUNTY DIVISION OF COMMUNITY DEVELOPMENT TO IMPROVE PEDESTRIAN SAFETY ON POPLAR DRIVE & ROADWAY IMPROVEMENTS ON ADJACENT ROADWAYS
WHEREAS, the Township Committee wishes to file an application with Morris County Division of Community Development for grant funds to improve pedestrian safety on Poplar Drive & roadway improvements on adjacent roadways; and
WHEREAS, public comments to the application were received on January 24, 2007;
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey as follows:
1. The filing of a 2007 application to the Morris County Division of Community Development for road resurfacing is hereby authorized.
2. The Mayor and Township Clerk are hereby authorized to sign the application and submit it on behalf of the Township.
3. The Township Administrator and Township Engineer are authorized to appear on behalf of the Township to make the necessary presentations required by the application process.
4. A certified true copy of this resolution is to be attached to the application.
RESOLUTION 07-055
AUTHORIZING THE TOWNSHIP TO APPLY FOR GRANT FUNDS TO MORRIS COUNTY DIVISION OF COMMUNITY DEVELOPMENT TO IMPROVE PEDESTRIAN SAFETY ON POPLAR DRIVE & ROADWAY IMPROVEMENTS ON ADJACENT ROADWAYS
WHEREAS, the Township Committee wishes to file an application with Morris County Division of Community Development for grant funds to improve pedestrian safety on Poplar Drive & roadway improvements on adjacent roadways; and
WHEREAS, public comments to the application were received on January 24, 2007;
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey as follows:
5. The filing of a 2007 application to the Morris County Division of Community Development for road resurfacing is hereby authorized.
6. The Mayor and Township Clerk are hereby authorized to sign the application and submit it on behalf of the Township.
7. The Township Administrator and Township Engineer are authorized to appear on behalf of the Township to make the necessary presentations required by the application process.
8. A certified true copy of this resolution is to be attached to the application.
RESOLUTION 07-056
AUTHORIZING CANCELLATION OF LETTER OF ENGANGEMENT-SAMUEL KLEIN & COMPANY
WHEREAS, on January 11, 2006 the Township Committee adopted Resolution 06-049 authorizing the award of a Professional Service Contract to Samuel Klein & Company; and
WHEREAS, in accordance with Resolution 06-049, a letter of engagement was executed on January 17, 2006; and
WHEREAS, the Township of Long Hill desires to terminate the letter of engagement of Samuel Klein and Company as the auditors for Long Hill Township effective January 10, 2007; 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 authorizes the cancellation of the letter of engagement executed on January 17, 2006 with Samuel Klein & Company.
The vote was as follows:
Mr. Aroneo Aye, except for abstaining from #07-051
Mr. Briggs Aye, except for abstaining from #07-051
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mr. Collins, seconded by Mayor Vitureira and unanimous voice vote, the meeting reconvened into Executive Session at 10:52 p.m. and adjourned immediately following Executive Session at 11:51 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
