MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
MARCH 28, 2007 REGULAR SESSION
The Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, convened in Regular Session at the Municipal Building, 915 Valley Road, Gillette, New Jersey, on Wednesday, March 28, 2007 at 7:00 p.m.
Mayor Vitureira noted that the Township Committee will meet in Executive Session from 7:00 P.M. until 7:30 P.M.
RESOLUTION #07-098
BE IT RESOLVED, that the Township Committee of Long Hill Township, pursuant to the provision of P.L. 1975, Chapter 231 of the Open Public Meetings Act, meet in closed session for the purpose of possible litigation, property acquisition, contract negotiations and personnel.
BE IT FURTHER RESOLVED, that the Township Committee will disclose to the public at such time as appropriate action is taken on said matters, and when disclosure will not result in unwarranted invasion of individual privacy or prejudice to the best interests of the Township of Long Hill; provided such disclosure will not violate Federal, State or Local Statutes and does not fall within the attorney/client privilege.
On motion of Mayor Vitureira, seconded by Mr. Briggs, Resolution #07-098 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 7:03 p.m.
The Township Committee reconvened to Regular Session at 7:36 p.m.
Ms. Genovese led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Gina Genovese
Mayor Vitureira
Absent: None
Also present: Kevin Sluka, Administrator/Municipal Clerk
John Pidgeon, Township Attorney
Mayor Vitureira read the following statement:
In compliance with the Open Public Meetings Law of New Jersey, adequate notice of this meeting was included in a list of meetings notice sent in writing to the Echoes Sentinel, Courier News and Daily Record on January 3, 2007; posted on the bulletin board in the Municipal Building on January 3, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mayor Vitureira and Len Hamilton, Chairman of the Environmental Commission, presented Olga Neville with a Certificate of Appreciation for Outstanding Service.
Arthur DiBenedetto, Superintendent, Sue Becker, President of the Long Hill Board of Education and John Esposito, Business Administrator, presented the 2007-2008 Long Hill Township Board of Education budget which proposes a general fund spending increase of $447,800.00, a 3.9% tax levy and a total operating budget of $13 million.
Sue Becker encouraged everyone to vote on April 17th and noted financial challenges including: rising salaries, insurance and utility costs, an increase in the number of special education students and a tax levy Cap of 4%. Mr. DiBenedetto explained administrative costs and compared the Long Hill Township School District to the other 91 AA districts that have over 750 students. Mr. Esposito explained shared services.
Mr. DiBenedetto explained reductions including: 4 non-special education aid positions, 1 full-time teacher, 2 part-time teachers, supply items, co-curricular & sport activities and field trips. Mr. DiBenedetto stated that enrollment has leveled off, 90% of the budget is raised by the local tax levy which will be offset by approximately $275,000 through the utilization of balance funds.
Mayor Vitureira opened the meeting to the public for questions pertaining to the 2007-2008 proposed Long Hill Township Board of Education budget.
Gary Pratt, Gillette, inquired regarding the increase in legal fees. Mr. DiBenedetto stated that $12,000 per year was budgeted for legal fees which had to be increased due to a number of special education issues and a case at the civil level.
No one else wished to be heard.
Mr. Sluka explained the request for assistance with the Annual Great Swamp Clean-up including: supplying equipment, dumpsters and paying disposal costs. Mayor Vitureira directed that Mr. Sluka ascertain if other municipalities are contributing to the event. Mr. Pidgeon noted time constraints; the event is taking place on April 7th. Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this issue. There were none. Mayor Vitureira inquired if there were any objections from the Governing Body members regarding this event. There were none.
Mr. Sluka explained that an email was received by the Governing Body from Georgiene Laffey, owner of Copper Springs Beach & Tennis Club, requesting permission to hold “a Family Luau” on July 14th from 6:00 p.m. until 10:00 p.m. Mr. Pidgeon stated that Copper Springs has had a number of approvals over the years from the Planning Board and Board of Adjustment and there were a number of conditions attached to those approvals one of which provided that “party shall be permitted on Special Permit after due application from the Township Committee” but “that there not be permitted on the premises any band music, the use of any amplifying or public address or any other loud or noxious noises of any kind”. Mr. Pidgeon explained that if the Club wants to use amplification devices, they need to go back to the appropriate board to get an amended variance. A discussion ensued. Mayor Vitureira directed that a copy of the resolution instating the regulations be acquired and that the discussion be continued at a later date. Mayor Vitureira inquired if the Governing Body members had any problems with permitting the party other than with respect to the amplification. There were no concerns. Mr. Pidgeon stated that the Governing Body could request an interpretation from the Board of Adjustment without a formal application. Mayor Vitureira suggested sending the matter to the Board of Adjustment for an interpretation.
Mayor Vitureira opened the meeting to the public for questions regarding the request from Copper Springs Beach & Tennis Club.
Richard Pfluger, Meyersville, stated he lives a quarter mile away from the Club and during the summer months there is a constant problem with the volume of the public address system.
Bruce Meringolo, Stirling, inquired regarding Special Event Permits. Mr. Pidgeon stated that the Board of Adjustment resolution specifically provides that the Club can ask the Township Committee for permission to have the event, which the Governing Body has granted, but the second separate condition is that the Club cannot use amplified devices for music; the applicant or property owner would have to go to the Board for a variance.
No one else wished to be heard.
Len Hamilton, Chairman of the Environmental Commission, explained the request to apply for a Smart Growth Grant through the Association of New Jersey Environmental Commissions (ANJEC) with matching funds from the municipality. Mr. Hamilton stated that the proposal is to consider Master Plan revisions in the Valley Road corridor and Meyersville Village, energy & environmental reconsiderations as well as Best Management Practices for Stormwater and different ways of developing streetscapes which would go into the Master Plan and the Ordinances supporting it. Mr. Hamilton explained that the application requires 50% matching funds from the Township for a total of $10,000; $5,000 of which would come out of the Planning Board budget.
Ms. Genovese inquired regarding the Township contribution amounts and whether the funds have to be appropriated in the current budget cycle. Mr. Hamilton explained that the total cost of the project is approximately $23,000 - $24,000, the grant portion is $20,000 and that the grant runs from July 1, 2007 – July 1, 2008. Mayor Vitureira stated that the funding has already been allocated in the Planning Board budget.
Mr. Briggs inquired if the public received copies of the grant application. Mr. Hamilton stated that he has to make a few minor changes to the application and he would send the final version in pdf format to Mr. Sluka.
Mr. Aroneo inquired if the grant would be utilized to fund changes in the Master Plan which would assist in the development of Meyersville. Mr. Hamilton stated that they are looking to develop a Master Plan and Ordinances that support Best Management Practices which will help prevent the approval of items that the Township does not like. Mr. Aroneo inquired regarding the composition of the project team. Mr. Hamilton stated that the committee includes members of the Meyersville Subcommittee, as well as professionals and individuals with a long term interest in planning in the Township.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the ANJEC grant application.
Mr. Sluka inquired when the grant would be awarded. Mr. Hamilton stated that the grant, if awarded, would start on June 30th.
Jay Haddad, Millington, inquired regarding the amount of control the State would have over the Township if the ANJEC funding was awarded. Mr. Pidgeon stated that the grant funding would not take any authority away from the Planning Board to adopt a Master Plan or the Township Committee to adopt Land Use Ordinances; it is a study to reexamine the Master Plan and does not make any commitment to have a final product. The Planning Board is ultimately responsible for adopting the Master Plan.
Thomas Behr, Board of Adjustment Chairman, inquired if the grant would allow forthe examination of creative solutions at greater depth than a normal planning process would allow. Mr. Hamilton responded in the affirmative.
Mark Urbanski, Meyersville, voiced concern regarding the effect of the study on residents and suggested that information be published in the newspaper. Mr. Hamilton assured Mr. Urbanski that the Township will not be asking residents to move their homes closer to the streets. Mr. Aroneo stated that major blunders and errors have been created when people have built closer to the streets and Mr. Urbanski’s concerns are justified. Mr. Hamilton concurred and stated that the purpose of the Master Plan is to figure out how things can be done better. Mr. Briggs stated that this will be an open process; people will be able to ask questions in a number of forums.
Mike Smargiassi, Millington, recommended that the members of the subcommittee be changed in order to prevent a public perception issue. Mr. Hamilton suggested that the subcommittee consist of the following members: Mr. Hamilton, Mr. Lizza, Mr. O’Brien, Mr. Pidgeon and Mr. Carell and stated that additional Planning Board members are not needed because the issue will come back to the Planning Board at every juncture. Mr. Briggs suggested submitting the grant application and discussing the members at a later date. Mr. Pidgeon explained that this is a project team not a committee. Mr. Hamilton suggested himself as the only Planning Board member on the project team. Mayor Vitureira stated that Mr. Carell should be included.
No one else wished to be heard.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Mr. Hamilton be permitted to complete the grant application process. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
The Township Committee recessed at 9:00 p.m.
The Township Committee reconvened at 9:12 p.m.
Justin Lizza, Township Engineer/DPW Director, explained that three requests for the vacating of paper streets were received. Mr. Pidgeon described the following paper streets: Carol Lane, Manuel Street, Orange Street, Eloise Place and York Drive, stated that it is Mr. Lizza’s opinion that none of the streets will be required for public thoroughfare and explained that when a street is vacated, the title reverts to the prior owner or his/her successor. Mr. Pidgeon noted procedural requirements including notices being sent to all affected property owners.
Mr. Lizza stated that Manuel Street and Carol Lane would require a sanitary sewer line easement. Mr. Pidgeon explained that prior to final adoption the property owners would have to convey an easement deed to the Township for the sanitary sewer line and if they refuse, the Township will not vacate the paper street. A discussion ensued. Mayor Vitureira suggested introducing the Ordinance and scheduling the adoption in few months in order to conduct more analysis. Mr. Pidgeon explained that while this could be done, a significant amendment would be required.
Mr. Aroneo stated that he believed that the Governing Body had concluded that Manuel Street and Carol Lane did not have to be vacated since the owners could have use of the property and the Open Space Committee believed it may be prudent to retain the properties for open space access. Mr. Collins stated that a policy decision should be made to only address vacating issues twice a year, due to time and cost issues. Mr. Briggs stated that the individual needs of residents should be considered. Mr. Collins and Mr. Aroneo concurred that the individual needs of resident should be considered, but the matters should only be addressed a few times per year.
Mr. Pidgeon stated that historically, vacating ordinances were sent to the Planning Board before the Governing Body acted on them and suggested sending the ordinances to the Open Space Committee.
Mayor Vitureira opened the meeting to the public for questions regarding the street vacating ordinance.
Linda & Charles, Aulicky, 106 Western Boulevard, requested the vacating of Orange Street for the paving of their driveway. A discussion ensued. Mayor Vitureira stated that he does not see an urgency to resolve the issue and suggested that the Open Space Committee be given an opportunity to review the request.
June & Ronald Como, 40 Valley View Road, addressed the Governing Body regarding the vacating of York Drive in order to install a deck. Mayor Vitureira stated that he would acquire the revised Open Space Committee schedule from Mr. Aroneo, inform the Como’s and Aulicky’s of the schedule so they could appear before the Open Space Committee and then schedule the consideration of the vacating of the streets at the Township Committee meeting following the Open Space meeting.
Dennis Sandow, Millington, addressed the Governing Body regarding the vacation of all 49 paper streets in the Township and a paved street in the Township that was not dedicated. Mr. Pidgeon explained that the paved street is a defacto street. Mayor Vitureira suggested that Mr. Sandow present a report since he has already identifying the 49 paper streets. Mr. Sandow stated he would present a report.
Ken Fullagar, OEM Director, stated that the Governing Body should also consider other utilities such as: phone, water and underground facilities. Mr. Pidgeon stated that these are reserved by state law and ordinances.
No one else wished to be heard.
Mayor Vitureira requested that Ms. Falzarano speak regarding the creation of a neighborhood beautification committee.
Nancy Falzarano, Stirling, spoke regarding aesthetically improving areas of the Township including: the train stations, common corridors, welcome signs and suggested creating a dog park. Ms. Falzarano suggested that the funding for these projects come from fundraisers, Township licensing fees and maintenance fees which would be paid for by the dog owner group managing the park which will be supported by membership dues. Ms. Falzarano also suggested that a separate changeable plaque be used to display the sponsor of each welcome sign thereby enabling the Township to charge $500- $1,000 per year for the sponsorship. Ms. Genovese stated that last year she compiled a list of 8-10 businesses which were willing to purchase the signs and it would be more cost effective to have the businesses purchase each sign which costs between $2,000 - $3,000.
Ms. Falzarano suggested the installation of a two sided clock at the train station and the creation of the Promotion and Enhancement Committee (PEC) consisting of approximately five members, one of whom would be a Governing Body member. Ms. Falzarano stated that maintenance could be provided by the DPW and the dog park could be established in back of the Library/Town Hall. Ms Genovese suggested that local businesses could facilitate the project, flowers could be planted outside of Town Hall and changeable banners could be installed throughout the Township. Mr. Aroneo concurred. Mr. Sluka stated that employee participation could facilitate the process. Mayor Vitureira requested that Ms. Falzarano provide a synopsis for the Township Newsletter.
Mayor Vitureira opened the meeting to the public.
Gary Pratt, Gillette, noted the need for greater handicap accessibility at the Gillette Train Station, suggested the installation of a ramp at the station and volunteered to be a member of the PEC.
Dennis Sandow, Millington, stated that Ms. Genovese began the process last year with her business meetings, the momentum needs to be continued and invited Ms. Falarano to the Chamber of Commerce meeting at 8:00 a.m. on Friday. Mayor Vitureira suggested increasing the number of PEC members to 7 in order to include business owners.
Mayor Vitureira stated that funding is available in trust funds with restricted uses. Mr. Aroneo suggested utilizing sponsors. Mayor Vitureira stated that the volunteers should come up with funding sources.
Mr. Briggs inquired if Ms. Genovese would be interested in being the Governing Body liaison since she has already done a lot of work in this area. Ms. Genovese declined due to other commitments. Mr. Aroneo volunteered to be the liaison member and asked Mr. Sluka to represent him if the meetings take place during the day.
On motion of Mayor Vitureira, seconded by Mr. Aroneo that the Promotion and Enhancement Committee be created, consisting of 7 members, appointed by the Township Committee and to serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that Nancy Falzarano be appointed as the Chairperson of the Promotion and Enhancement Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira requested that Len Hamilton discuss the Passaic River Trail Committee which was initially created in the 1990’s.
Len Hamilton, Environmental Commission Chairman, explained that volunteers cleared the trails and designed and put up trail markers. Mr. Hamilton noted some obstacles to completing the trail from the west end of the Township to Town Hall including the need to acquire easements from property owners. Mr. Hamilton explained phase II of the project which would continue the trail from Town Hall to the Senior Center/Gillette School at a considerable cost due to a ravine. A discussion ensued regarding possible members for the Passaic River Nature Trail Committee including: Alexandra Hennessy, Ed Gerecht and possibly a member of the Recreation Committee. Mr. Hamilton noted the possibility of networking the entire Township with walkways and connecting to trails in neighboring municipalities in the future. Mr. Aroneo emphasized the importance of connecting to Gillette School since Town Hall is the school’s evacuation site and a trail would create a safe evacuation route. Mr. Hamilton stated that this would be a great lever for funding.
Mayor Vitureira opened the meeting to the public. There were no questions.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that the Passaic River Trail Committee be created with 7 members, including one crossover member from the Recreation Committee, who shall be appointed and serve at the pleasure of the Township Committee. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira nominated Gary Pratt as a member of the PEC.
On motion of Mr. Collins, seconded by Mr. Aroneo and unanimous voice vote, that Gary Pratt was appointed to the PEC.
Mayor Vitureira stated that Tom Sweeney and Mr. Sluka, should serve in an exoffcio capacity on the PEC. The Governing Body approved.
Tracy Aroneo, Recreation Advisory Committee Chairperson, stated that the committee has been working on closing the gap between the revenue and costs of operating Stirling Lake, improving the appearance of the lake, increasing badge sales, holding a Memorial Day Town Picnic/Lake Open House, having concession sales at the lake and holding a lake fund raiser for equipment purchases. Ms. Aroneo noted that Mr. Sluka was going out to bid for a concession truck and a new Lake Director was hired.
Ms. Aroneo mentioned goals for 2007 including: studying the use of Riverside Park and Meyersville field, creating another multipurpose field, more bike paths, a new recreation website and possibly creating new programs including: parent-tot swim classes and tot crafts at the lake.
Mayor Vitureira inquired regarding a Recreation Committee member for the Passaic River Trail Committee (PRTC). Ms. Aroneo noted Louise Noel. Mayor Vitureira requested that Ms. Aroneo ascertain if Ms. Noel would be interested in becoming a PRTC member and if so, she would be appointed at the next meeting.
Mayor Vitureira opened the meeting to the public. There were no questions.
Len Hamilton, Environmental Commission Chairmen, noted the committee’s goals for 2007 including: protecting and reestablishing canopy and historic roadways, alternate pesticide methods, Master Plan review, recycling, alternatives to salting roadways, conducting an energy audit at Town Hall and adopting regulations to protect against the tearing down of small houses in order to build larger ones. Mayor Vitureira inquired if a member of the Environmental Commission would be interested in becoming a member of the Ten Towns Committee. Mr. Hamilton stated that he would inquire.
Mayor Vitureira spoke against government involvement regarding restrictions on tearing down small houses to build larger ones and suggested architectural restrictions instead. Mr. Collins and Ms. Genovese noted soil erosion, environmental and Stormwater issues which could result from the building of larger houses. A discussion ensued. Mr. Aroneo suggested that Mr. Hamilton discuss the issue with the Zoning Board.
Mr. Aroneo suggested that a list of commonly used lawn chemicals and environmentally friendly alternatives be posted on the Township website and that a more convenient way for residents to dispose of their household hazardous chemicals be considered. Mr. Hamilton stated that a list of environmentally friendly lawn chemicals is on the Environmental Commission website and he has been working with Mr. Sweeney on a program in which residents could drop off more household hazardous chemicals locally which would then be taken by DPW to the County drop off site.
Mr. Collins read by title:
Ordinance #203-07 entitled “An Ordinance Authorizing Various Renovations and Improvements to the Wastewater Treatment System Including the Registration, Permitting and Removal of Underground Storage Tanks at the Wastewater Pumping Stations and Appropriating $125,000 from the Contribution in Aid of Construction Fund – Sewer”.
Mr. Briggs inquired regarding Ordinance #203-07. Mr. Pidgeon explained that the Ordinance encumbers funds; it puts money aside for projects. Mr. Sluka stated that the Township is trying to acquire funding for the removal of underground storage tanks.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #203-07. There were none.
On motion of Mr. Collins, seconded by Mr. Briggs, that Ordinance #203-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 25, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mr. Aroneo read by title:
Ordinance #204-07 entitled “An Ordinance Increasing the Annual Fees for Liquor Licenses and Amending Chapter VI of the Township Code Entitled “Alcoholic Beverage Control”.
Mr. Briggs spoke against increasing the fees, that they were increased last year and noted that the total revenue increase from all the Liquor Establishments would amount to $1,050.00. Mr. Aroneo inquired regarding administration costs associated with liquor licenses. Mr. Collins and Mr. Sluka explained that there was a shortfall last year due to an incident. Ms. Genovese and Mayor Vitureira stated that this would not be a substantial increase. The Governing Body requested a cost analysis and comparison to neighboring municipalities.
Mayor Vitureira opened the meeting to the public for questions pertaining to Ordinance #204-07. No one wished to be heard.
On motion of Mr. Aroneo, seconded by Mr. Collins, that Ordinance #204-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 11, 2007 at 7:30 p.m. or soon thereafter, at the Municipal Building. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Ms. Genovese inquired if the auditors would be present at the April 11, 2007 meeting for the budget hearing. Mayor Vitureira responded in the affirmative.
Mayor Vitureira stated that there was a consensus not to introduce Ordinance #205-07 entitled “An Ordinance Vacating Various Paper Streets and Portions of Paper Streets”.
Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the Consent Agenda Resolutions. No one wished to be heard and Mayor Vitureira closed the meeting to the public.
Ms. Genovese stated that she would like to pull Resolution #07-103.
Ms. Genovese made a motion to appoint Lisa Chadwick Thompson as the Municipal Prosecutor until December 31, 2007. Mr. Collins seconded the motion. Mayor Vitureira stated that the Resolution was pulled.
Mayor Vitureira stated that Resolution #07-104 was added to the Consent Agenda. Mr. Collins stated that the resolution contains a typographical error and should read 2006 rather than 2007.
On motion of Mr. Briggs, seconded by Mr. Collins, the following Consent Agenda Resolutions, as amended and excluding #07-103, were introduced and adopted:
RESOLUTION 07-099
APPROVING PAYMENT OF BILLS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the payment of the bills as presented by the Chief Financial Officer.
BE IT FURTHER RESOLVED, that the bills list be appended to the official minutes.
RESOLUTION 07-100
APPROVING EXECUTIVE SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of February 28, 2007.
RESOLUTION 07-101
APPROVING REGULAR SESSION MINUTES – FEBRUARY 28, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of February 28, 2007.
RESOLUTION 07-102
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – WALLACE
WHEREAS, Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946 submitted application 05-18P, for Block 12802, Lots 2 & 3.01 and Block 14205 Lot 1; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected and to return the remaining balance of the Developer’s Escrow; and
WHEREAS, the Chief Financial Officer has authorized that the $714.70 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $714.70 to Hugh & Phyllis Wallace, 1418 Long Hill Road, Millington, New Jersey 07946.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
RESOLUTION 07-104
AUTHORIZING SALE OF ABANDONED MOTOR VEHICLE
WHEREAS, Defalco’s Towing, in response to a request from the Township Police Department, towed a 1997 Cadillac Catera on September 5, 2006; and
WHEREAS, the motor vehicle has been abandoned by its owner; and
WHEREAS, N.J.S.A. 39:10A-1c provides that “when a motor vehicle which cannot be certified for junk title certificate…remains unclaimed by the owner…the motor vehicle may be sold at auction…”; and
WHEREAS, N.J.S.A. 39:10A-5 provides that “the proceeds realized therefrom, after payment of the expenses of possession and sale, shall be remitted to the treasury of the public agency as its sole property”; and
WHEREAS, towing and storage charges for the vehicle as of March 21, 2007 is $5,463.03; and
NOW THEREFORE, BE IT RESOLVED, Township Committee of the Township of Long Hill, County of Morris, State of New Jersey as follows:
1. The sale of the abandoned 1997 Cadillac Vehicle Identification Number W06VR54R1VR164783 is hereby authorized.
2. The public sale shall be conducted in accordance with the requirements of N.J.S.A. 39:10A-1c and d.
3. To view the vehicle contact DeFalco’s Towing, 26 Copmmerce Street, Chatham, NJ 07928 (973)-635-8333
4. The minimum bid that will be accepted is $5463.03.
5. If DeFalco’s Towing is the only bidder, title to the vehicle may be turned over to DeFalco’s Towing to cover the towing and storage charges.
6. If the vehicle is sold to a third party, the proceeds shall be used to pay the towing and storage charges and the transaction shall be handled for budgetary purposes as an appropriation and a refund of appropriation.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
Mayor Vitureira directed Ms. Genovese to introduce Resolution #07-103.
RESOLUTION 07-103
AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LEGAL SERVICES - APPOINTING MUNICIPAL PROSECUTOR - LISA CHADWICK THOMPSON
WHEREAS, on January 2, 2007, the Township Committee appointed Lisa Chadwick Thompson for a period of 90 days to serve as municipal prosecutor; and
WHEREAS, The Township Committee of Long Hill Township desires to appoint Ms. Thompson in accordance with the terms described within for another 90 day period to end on June 30, 2007; and
WHEREAS, N.J.S.A. 2B:25-4 provides that “[e]ach municipal court . . . shall have at least one municipal prosecutor appointed by the governing body . . . .”; and
WHEREAS, Lisa Chadwick Thompson had submitted a proposal to serve as municipal prosecutor during 2007 for an annual fee of $19, 062 as per schedule established by the Municipal Court prorated for the year; and
WHEREAS, the Lisa Chadwick Thompson has completed and submitted a Business Entity Disclosure Certification which certifies that neither she nor the firm of Nuzzi & Mason, LLC has made any reportable contributions to a political or candidate committee in the Township of Long Hill in the previous one year, and that the contract will prohibit her and her law firm from making any reportable contributions through the term of the contract; and
WHEREAS, in addition, this contract is for professional services and may be awarded without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Township Chief Financial Officer in accordance with N.J.A.C. 5:34-5.1 has certified in writing to the Township Committee the availability of adequate funds to pay the maximum amount of the contract;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows:
1. Lisa Chadwick Thompson is hereby appointed Long Hill Township Municipal Prosecutor for a period up to June 30, 2007
2. A professional services contract with Lisa Chadwick Thompson, Esq. to serve as Municipal Prosecutor is hereby authorized. Ms. Thompson shall be an independent contractor and not an employee of the Township.
3. The Mayor and Clerk are authorized to sign a professional services contract with Lisa Chadwick Thompson in accordance with the following terms and conditions:
A. Term: For a period up to June 30, 2007
B. Rate: $19,096 as per schedule established by the Municipal Court prorated for the year prorated for the remainder of the year.
C. Services: Lisa Chadwick Thompson shall serve as Municipal Prosecutor
3. The Township Clerk in accordance with the provisions of N.J.S.A. 40A:11-5(1)(a)(i), is directed to publish a notice once in the Echoes Sentinel stating the nature, duration, service and amount of this contract.
4. The Township Clerk shall make copies of this resolution available for public inspection at the Municipal Building, 915 Valley Road, Gillette, New Jersey during regular business hours.
5. This contract shall be charged to 7-01-20-155-155-201. The certification of available funds by the Township Chief Financial Officer shall be attached to the original resolution and shall be maintained in the files of the Township Clerk.
6. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.
On motion of Ms. Genovese, seconded by Mr. Collins, Resolution #07-103 was introduced.
Ms. Genovese made a motion to amend Resolution #07-103 to appoint Lisa Chadwick Thompson to December 31, 2007. Mr. Collins seconded the motion. The vote on the amendment was as follows:
Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Nay
Ms. Genovese inquired of Chief Peoples, regarding Ms. Thompson’s performance as Municipal Prosecutor. Chief Peoples stated that the Police Department has no issues with Ms. Thompson’s performance at this time. Mayor Vitureira stated that the purpose of the resolution is to continue Ms. Thompson so the Governing Body could consider extending her contract further consider or consider other prosecutors. A discussion ensued regarding a RFP. Mr. Sluka stated that there was a decision to seek a proposal. A discussion ensued.
The vote to adopt Resolution #07-103 was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Nay
Mayor Vitureira Aye
On motion of Mr. Collins, seconded by Mr. Briggs, and unanimous voice vote that the meeting was extended for another 15 minutes.
Mr. Sluka stated that Justin Lizza, DPW Director/Engineer was present, the Mayor had wanted him to attend the meeting in order to answer questions and Mr. Sluka suggested that Mr. Lizza be questioned before opening the meeting to the public because question from the public could arise based on the discussion. Mayor Vitureira could not recall the questions for which Mr. Lizza was asked to attend the meeting. Mr. Lizza inquired if the Governing Body would like a history report on the DPW vehicles. Mayor Vitureira responded in the affirmative.
Mayor Vitureira opened the meeting to the public.
Len Hamilton, stated that the ANJEC application also requires the approval of a resolution. Mr. Sluka inquired if the funds have to be encumbered. Mr. Hamilton responded in the negative.
On motion of Mayor Vitureira, seconded by Mr. Collins, that Resolution #07-105 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Aye
Mayor Vitureira Aye
RESOLUTION 07-105
SUPPORTING THE SMART GROWTH APPLICATION TO ANJEC SUBMITTED BY THE LONG HILL TOWNSHIP ENVIRONMETAL COMMISSION
WHEREAS the Long Hill Township Environmental Commission was duly established by resolution on March 19, 1973; and
WHEREAS the Environmental Commission is charged with the responsibility of helping to preserve and protect the environmental resources of the Township; and
WHEREAS the Environmental Commission has prepared a grant application entitled Bringing Smart Growth to Long Hill Township to be submitted to the Association of New Jersey Environmental Commissions (ANJEC); and
WHEREAS the project proposed by this grant application involves the revision of elements of the Long Hill Township Master Plan and supporting changes in Land Use Ordinances; and
WHEREAS the results of these changes in the Master Plan and Land Use Ordinances will provide long-term benefits to the citizens of Long Hill Township; and
WHEREAS this grant application requests funding in the amount of $9,997 from ANJEC; and
WHEREAS the Township of Long Hill is to provide matching funds in the amount of $4,995 for in-kind services and $ 8,487 in additional cash funding for the project; and
WHEREAS the Township Committee of Long Hill will certify the necessary funds upon the receipt of award:
NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey does hereby approve the submission of this grant application and agrees to the terms of matching funding should the grant be awarded.
Mayor Vitureira requested that Mr. Hamilton email the resolution to Mr. Sluka.
No one wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Collins, seconded by Ms. Genovese and unanimous voice vote, the meeting reconvened into Executive Session at 11:09 p.m. and adjourned immediately following Executive Session at 11:35 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
