MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
MAY 30, 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, May 30, 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 #07-147
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 #07-147 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
The Township Committee convened to Executive Session at 7:03 p.m.
The Township Committee reconvened to Regular Session at 8:40 p.m.
Mr. Aroneo led all present in the Pledge of Allegiance.
On roll call the following Committee members were present:
Jerry Aroneo
Mead Briggs
Chris Collins
Mayor Vitureira
Absent: Gina Genovese
Also present: 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 sent in writing to the Echoes Sentinel, Courier News and Daily Record on May 14, 2007; posted on the bulletin board in the Municipal Building on May 14, 2007 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
Mayor Vitureira stated, that as a matter of procedure, it is the intention of the Township Committee not to continue any matter or introduce a new matter past 11:00 p.m. at any regular or special meeting of the Committee unless a motion is passed by the members then present to extend the meeting to a later specified cutoff time.
Mayor Vitureira announced the hiring of a new Administrator, Richard Sheola.
Mr. Pidgeon read the following resolution:
RESOLUTION #07-175
APPOINTING TOWNSHIP ADMINISTRATOR/FINANCE OFFICER/ACTING CLERK
BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey that Richard J. Sheola is hereby appointed as the Township Administrator, a finance officer and Acting Municipal Clerk, effective June 11, 2007, under the following terms and conditions:
a. Sheola shall serve as the Township Administrator pursuant to Article II of the Township Code, as authorized by N.J.S.A. 40A:9-136.
b. As Township Administrator, Sheola shall have the powers and duties set forth in subsection 2-5.6 of the Township Code.
c. Sheola shall serve in all three positions at the pleasure of the Township Committee.
d. Sheola’s annual salary shall be $125,000, which will be prorated for the balance of 2007.
e. Sheola shall be entitled to eight vacation days during the balance of 2007, sixteen vacation days commencing in 2008, and thereafter, until such time as he is entitled to additional vacation leave under the Township Personnel Policies and Procedures. In all other respects, Sheola shall be subject to and entitled to the benefits set forth in the Personnel Policies and Procedures.
f. Sheola will be permitted to attend professional seminars at Township expense upon the prior written approval of the Township Committee.
g. The Township will also pay dues for Sheola to be a member of two professional administrator organizations.
h. As a managerial employee, Sheola shall not be entitled to any overtime or compensatory time for hours worked in excess of forty (40) in any week.
On motion of Mr. Collins, seconded by Mayor Vitureira, Resolution #07-175 was approved. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Richard Sheola, Long Valley resident, introduced himself and stated that he is honored to have been chosen as the new Administrator of Long Hill Township.
Mayor Vitureira requested that Justin Lizza, Township Engineer/DPW Director, give a presentation regarding issues pertaining to the Stirling Revitalization Project.
Mr. Lizza stated that the issues arose last week during the preconstruction meeting and include the removal of 41 trees in order to install lighting and electrical conduits. Mr. Lizza explained that due to electrical and structural issues DPW could only remove 21 of the trees and a company would need to be hired to remove the remaining 20 trees and grind all the roots. Mr. Lizza explained the DPW manpower hours needed to complete this project along with the cost to hire a company to cut down the remaining trees and grind the roots, which would be approximately $8,000. Mr. Lizza explained that an alternative would be to utilize a contractor through the county co-op at a cost of approximately $10,000 for the removal of all 41 trees and the grinding of the roots.
Mr. Aroneo requested time to review the bid specifications and contract, noting that he was not aware that this issue would be discussed tonight. Mayor Vitureira noted time constraints. Mr. Aroneo suggested a special meeting next week. Mr. Collins stated that he would be willing to have a special meeting next week and the real issue is funding. A discussion ensued. Mayor Vitureira made a motion to permit Mr. Lizza to remove the trees subject to verification that there is nothing contrary in the bid specifications. Mr. Pidgeon explained that this will be change order no. 1 and will necessitate a certification of funds from the CFO.
On motion of Mayor Vitureira, seconded by Mr. Collins, that change order no. 1 to the Stirling Revitalization Contract for the removal of trees up to $10,025 be approved.
Mayor Vitureira opened the meeting for questions or comments pertaining to this matter. There were none.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mr. Lizza explained the second issue which is regarding the construction administration and inspection of the Stirling Revitalization Project. Mr. Lizza stated that a proposal was received from T&M Associates to conduct this aspect of the project at a cost of approximately $53,350.00. Mayor Vitureira proposed hiring someone part-time as an alternative. Mr. Lizza noted time constraints and T&M Associates’ familiarity with the project. Mr. Collins noted liability issues regarding the Township hiring an individual to perform the work versus a company. A discussion ensued. Mayor Vitureira directed that more quotes be obtained for the June 13, 2007 meeting. Mr. Aroneo requested that someone verify with Rosalie Tebbs, CFO, that funding has been reserved for the project. A discussion ensued regarding funding. Mr. Pidgeon explained that Ms. Tebbs will have to certify the funds by line item.
Mr. Aroneo requested an update regarding DPW overtime. Mr. Lizza explained that as of the end of April, 2007, the road department had a deficit in overtime. Mr. Lizza explained that during the budget process, the bulk of the funding in this line item was removed, a small amount was put back, but not enough; Ms. Tebbs was able to pull some money out of the reserve account, and as of the May 15th, there was approximately $13,000 in the line item. Mayor Vitureira stated that the auditor had recommended only putting $10,000 in the road department overtime line item and acquiring the rest from the snow trust fund. Mr. Collins voiced concern that there will not be enough money in the snow trust fund during bad snow years if the account continues to be depleted. Mayor Vitureira reiterated that the auditor endorsed this procedure. Mr. Lizza stated that he will continue to monitor the account and notify the Governing Body if he sees a problem, noting that much depends on unforeseen circumstances.
Mayor Vitureira opened the meeting to the public for questions or comments on the preceding issues. No one wished to be heard.
Mr. Pidgeon inquired if a representative was present from Bardy Farms Towing. No one came forward. Mr. Pidgeon explained that the Police Department filed a complaint against Bardy Farms Towing (one of the contractors on the towing list that the Police Department utilizes to tow cars from accidents) alleging that Bardy Farms Towing overcharged one of their customers by approximately $282.95. Mr. Pidgeon explained that the fees are set by ordinance and under the terms of the ordinance, for a 1st offense there is a fine of $100, a suspension of towing privileges for one month and a reimbursement to the customer for the overpayment of the fee by the towing company. Mr. Pidgeon recommended accepting the recommendation from the police department.
On motion of Mayor Vitureira, seconded by Mr. Briggs, that the findings of the Police Department were affirmed and the 1st offense violations be imposed on Bardy Farms Towing. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mayor Vitureira noted the request to hold a Tool & General Merchandise Sale at the Elks on June 7, 2007. Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the request. There were none.
On motion of Mayor Vitureira, seconded by Mr. Collins, that the request to hold a Tool & General Merchandise Sale at the Elks on June 7, 2007 be granted pending the fulfillment of all insurance and other requirements. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mayor Vitureira explained the requests for reimbursement which were received from the Popolillo and Mazzucco families. A discussion ensued regarding enabling applicants to receive refunds up to a specified time. Mayor Vitureira suggested the following language: “with the exception of unusual or extraordinary circumstances, we will have a no refund policy and with respect to those exceptional circumstances that will be brought before the Township Committee and considered on a case by case basis”. Mr. Pidgeon inquired if the Governing Body would like the existing ordinance amended, noting that he does not have a problem not amending the ordinance as long as the policy is not applied arbitrarily. A discussion ensued. Mayor Vitureira suggested approving the Mazzucco and Popolillo requests and stated that he would circulate emails of the practices of other municipalities and discuss a more concrete solution at the next meeting.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the requests for reimbursement received from the Mazzucco’s & Popolillo’s be approved.
Mayor Vitureira opened the meeting for questions or comments from the public pertaining to this matter. No one wished to be heard.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mayor Vitureira explained the request from Mr. & Mrs. Olin for reimbursement of sewer charges. Mayor Vitureira stated that Joan Donat, Tax Collector, recommended reimbursing the current year sewer charges, but not prior years’ due to funding. A discussion ensued regarding reimbursing past years’ sewer charges. Mr. Pidgeon stated that there is no funding in the budget for the reimbursement of prior years’ sewer charges.
Mayor Vitureira opened the meeting to the public for questions or comments.
Dennis Sandow, Millington, questioned terminology used by Governing Body members during this discussion, noting that the sewer fee is a fee and not a tax.
Don Knowles, Gillette, stated that he considers the sewer charges to be a tax.
No one else wished to be heard.
Mr. Collins suggested providing residents with better information via the internet and Township newsletters and spoke against going back several years and trying to fix the problem on a case by case basis. Mayor Vitureira concurred and suggested refunding the current year since funding is available. Mr. Aroneo stated that he would be willing to refund prior years’ if Mr. Olin could verify that the water company refunded him the water bill for those prior periods and noted that if this creates a “floodgate situation” the Governing Body would deal with it at that time. A discussion ensued. Mr. Briggs stated the Governing Body should maintain current policy of refunding the current year.
Mayor Vitureira noted the request for outside dinning from Bensi’s. John Osso, co-owner of Bensi, explained that in 2006 restaurant owners were permitted to have outside dinning and requested that the practice be continued in 2007. A discussion ensued.
On motion of Mr. Collins, seconded by Mayor Vitureira, that sidewalk dinning be allowed under the same regulations as 2006.
Mayor Vitureira opened the meeting to the public for comments or questions pertaining to this matter.
Mr. Pidgeon explained the terms and conditions of the 2006 outside dinning which included that the dinning could not interfere with pedestrian or vehicular traffic, could not cause any safety concerns or problems and the police department was given veto power if the setup caused any safety or public welfare problems. A discussion ensued. Mr. Aroneo inquired regarding separating the dinning area with a rope. Mr. Pidgeon explained this should be in the ordinance and the Planning Board should also recommend other controls. Mayor Vitureira stated that he would bring this to the attention of the Planning Board Chairman.
No member of the audience wished to be heard.
The vote to approve sidewalk dinning with the same regulations as 2006 was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Ralph Ronne, managing partner of Bensi’s, commented that Panera Bread and Starbucks seem to be in the same zone as Bensi’s and they both have outdoor dinning. Mr. Pidgeon stated that they may have received a variance on their site plan approval and Mr. Ronne has the option of seeking a variance and site plan approval for his establishment.
Mayor Vitureira recommended the following appointments to the Old Town Hall Committee: Christina Roche, Carol Prasa and Patrick Golden. Mr. Collins stated that since this is a newly formed committee it is the Governing Body’s responsibility to give some direction. Mayor Vitureira stated that he had already spoken to the Chairman regarding this and the Old Town Hall Committee will be researching what can be done with the old town hall consistent with economy, efficiency and benefit to the Township.
Mayor Vitureira recommended the following appointments to the Promotion and Enhancement Committee (PEC): Mark Urbanski, Helena Tielman and Claire Cassidy.
Mayor Vitureira recommended the appointment of Walter Carell to the Ten Towns Committee.
Mayor Vitureira recommended the appointment of Bruce Meringolo to the Planning Board as the Board of Education liaison. Mr. Pidgeon explained this is a mayoral appointment, does not require approval of the Governing Body and Mr. Meringolo would be a class IV member serving out the unexpired term. Mr. Aroneo voiced concern with the level of participation Mr. Meringolo would be able to provide since he is a realtor and is advertising for sale/rent some properties that will be before the Planning Board this year. A discussion ensued. Mr. Pidgeon explained that a class IV Board of Education member is not necessary and noted that Board of Adjustment members can sit on the Planning Board if there is not a quorum due to recusing. Mayor Vitureira postponed the appointment until the next Township Committee meeting in order to ascertain if any other Board of Education members would be interested.
Mayor Vitureira nominated the following individuals to the Passaic River Nature Trail Committee: Len Hamilton, Alexandra Hennessy, Ed Gerecht, Louise Noel and Larry Mammone. Mr. Briggs suggested Walter Carell as a crossover member from the Open Space Committee. A discussion ensued. Mr. Collins stated that Mr. Carell could give advice or direction and would not necessarily have to attend all the meetings. Mayor Vitureira stated that he would contact Michael Mazzucco, Open Space Advisory Committee Chairman, to inquire if any members would be interested.
Mayor Vitureira suggested the appointment of Lillien O’Brien to the Historical Preservation Advisory Committee.
A discussion ensued regarding appointing Scott Heller to the Board of Adjustment and then having him serve as the crossover member on the Planning Board. Mr. Aroneo stated that he would like more time to consider this appointment noting that he has been approached by several other interested individuals. Mr. Pidgeon suggested that someone diagram the nine positions on the Planning Board in order to ensure that they are properly filled. Mr. Collins stated that this will be the new Administrator’s first job. Mr. Collins stated that the appointment should be someone who is currently sitting on one of the boards. Mr. Briggs concurred. Discussions regarding this appointment will continue at the next Township Committee meeting.
Mr. Aroneo stated that he will abstain from voting for Carol Prasa.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that all of the appoints with the exception of the Planning Board and Board of Adjustment be approved.
Mayor Vitureira opened the meeting to the public for questions or comments regarding the appointments. No one wished to be heard.
The vote was as follows:
Mr. Aroneo Aye with the exception of Carol Prasa from which he abstained
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mr. Collins stated that the Recreation Advisory Committee requested that the Governing Body implement a policy that permits not be issued for weekend use of the Stirling Lake Pavilion. Mr. Collins explained that if the policy is implemented, people could still utilize the pavilion on weekends, just no permits would be required. A discussion ensued.
On motion of Mr. Collins, seconded by Mr. Briggs, that no permits will be issued for the use of the Stirling Lake Pavilion on weekends.
Mayor Vitureira opened the meeting to the public for comments regarding this matter.
Gary Pratt, Gillette, inquired if the pavilion is part of the Stirling Lake property. Mr. Collins explained that the pavilion is part of the property but not part of the lake; you can utilize the pavilion regardless of whether or not you are a member of the lake, but in order to utilize the lake, you must be a member of the lake.
Dennis Sandow, Millington, questioned the use of the word “permit” in the Stirling Lake ordinance and requested clarification of the motion. Mr. Pidgeon stated that he would review the ordinance and explained that the intention of the current motion is to bar permits or reservations for the use of the Stirling Lake Pavilion on weekends; its use would be on a first come first serve basis. Mr. Pidgeon further explained that during the week anyone can use the pavilion, but if someone has a permit, they have exclusive use. Mr. Briggs requested the number of permits which are normally issued in a given year. A discussion ensued regarding the motion and its affect.
No one else wished to be heard.
The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mr. Collins stated that the Memorial Day picnic was a great success.
Mayor Vitureira announced that on Friday, June 1, 2007 police officers will participate in the New Jersey Law Enforcement Torch Run which benefits New Jersey Special Olympics.
Mayor Vitureira noted a request from the Millington Fire Company for the waiver of construction application fees for a new boiler and water heater.
On motion of Mayor Vitureira, seconded by Mr. Aroneo, that the in-house fees associated with the new boiler and water heater for the Millington Fire Company be waived. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mr. Briggs requested more information regarding budgetary constraints in order to determine if the increase in dog license fees is necessary at this time. Mr. Pidgeon explained that the hearing needs to be opened up and then continued by motion, to a date certain with no further notice or publication.
Mayor Vitureira opened the hearing to the public on Ordinance #207-07 entitled “An Ordinance Increasing the Dog License Fees and Amending Chapter V of the Township Code Entitled ‘Animal Control’”.
Mayor Vitureira stated that the increase was already anticipated in the 2007 budget.
On motion of Mr. Aroneo, seconded by Mr. Briggs, that the hearing on Ordinance #207-07 be continued at the June 13, 2007 meeting and there will be no further publication or notice. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mr. Aroneo requested that Mr. Sheola provide a cost analysis at the next meeting. Mr. Sheola stated that most of the Dog Trust Fund was utilized in the 2007 budget, so if the fees are not increased, the Township will be in a deficit situation in 2008 and will not be able to provide the services that are necessary under state statute for animal control and licensing and that he would provide a cost analysis at the June 13, 2007 Township Committee meeting.
Mr. Collins read by title:
Ordinance #208-07 entitled “An Ordinance Amending Chapter III of the Township Code Entitled “Police Regulations” and Section 130 of the Township Land Use Ordinance Entitled “Bulk and Supplemental Regulations”.
Mayor Vitureira requested that Mr. Pidgeon explain the ordinance. Mr. Pidgeon explained that these changes were recommended by the Planning Board, they establish outdoor plant sale standards and conditions, add the requirement that all driveways be at least 5 feet away from the property line and set certain parking lot design standards.
On motion of Mr. Briggs, seconded by Mayor Vitureira, that Ordinance #208-07 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, July 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 Absent
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public for questions or comments regarding the Consent Agenda Resolutions.
Mr. Collins inquired regarding Resolution 07-173. Mr. Pidgeon suggested changing the title to “Appointing Building Inspector Part-Time/Fire Inspector” because there is no position in the salary ordinance for a Fire Prevention Inspector however, there is a line item in the salary ordinance for a Building Inspector part-time and he believes that it is broad enough to include this position.
On motion of Mayor Vitureira, seconded by Mr. Aroneo that the title of Resolution #07-173 be changed. The vote was as follows:
Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Louis Aroneo, Fire Official, explained that the new hire will be conducting the non-life hazardous inspections, 20 hours per week at a salary of $20,000 per year.
Committeeman Aroneo stated that he will be abstaining from Resolution #07-157 due to the inclusion of a rebate to someone with the last name of “Aroneo”.
Mr. Pidgeon read the following resolution:
RESOLUTION 07-174
AUTHORIZING STIPULATION OF SETTLEMENT- PEOPLES
BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey approves and authorizes the stipulation of settlement attached herewith along with the general release with Chief Michael Peoples and authorizes the Deputy Municipal Clerk to accept the resignation of Michael Peoples in accordance with the stipulation of settlement.
Mr. Pidgeon explained the stipulation of settlement and stated that the resolution could be added to the consent agenda.
Mayor Vitureira stated that Chief Peoples decided to retire, he will be assisting during the transition and Captain Hedden will serve as Acting Chief while the Governing Body makes a decision regarding the appointment of a permanent Chief.
Gary Pratt, Gillette, inquired regarding Resolution #07-170. Mr. Pidgeon explained that Chief Peoples will receive a lump sum payment for accrued days; the resolution is being created for this purpose and will not cost the Township any more money.
Dennis Sandow, Millington, inquired when Resolution #07-174 and the corresponding agreement will become public records. Mr. Pidgeon stated that they will become public record as soon as they are signed and Mr. Sandow can have copies of the draft.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mr. Aroneo, seconded by Mayor Vitureira, the following Consent Agenda Resolutions were introduced and adopted:
RESOLUTION 07-148
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 07-149
APPROVING EXECUTIVE SESSION MINUTES – DECEMBER 20, 2006
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of December 20, 2006.
RESOLUTION 07-150
APPROVING EXECUTIVE SESSION MINUTES – MAY 16, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of May 16, 2007.
RESOLUTION 07-151
APPROVING REGULAR SESSION MINUTES – APRIL 11, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of April 11, 2007.
RESOLUTION 07-152
APPROVING REGULAR SESSION MINUTES – APRIL 25, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of April 25, 2007.
RESOLUTION 07-153
APPROVING REGULAR SESSION MINUTES – MAY 16, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Regular Session Minutes of May 16, 2007.
RESOLUTION 07-154
AMENDING RESOLUTION 07-036 ENTITLED
DESIGNATING THE OFFICIAL DEPOSITORIES
BE IT RESOLVED by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey, that Resolution 07-036 designating as depositories for funds for the Township of Long Hill for 2007 and checking accounts shall be amended as follows:
PNC Bank
Public Parking Enterprise Account Magistrate Account
Law Enforcement Trust Bail Account
RESOLUTION 07-155
AUTHORIZING CANCELLATION OF OUTSTANDING CHECKS
WHEREAS, there are outstanding checks which were drawn on the Current Fund Account (Chase Bank) And Bank of America (Developer’s Escrow and said checks have been outstanding for more than six (6) months; and
WHEREAS, the Chief Financial Officer is desirous of voiding said checks;
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 checks:
CHASE BANK
Check Number Date Issued Amount
21022 06-22-05 $ 13.90
21657 10-12-05 $150.00
21854 12-07-05 $ 56.02
21863 12-07-05 $ 35.00
Total $254.92
BANK OF AMERICA
Check Number Date Issued Amount
2582 08-11-2004 $ 428.00
2640 01-12-2005 $ 140.00
2693 03-07-2005 $2,591.08
BE IT FURTHER RESOLVED, that the above action is a recommendation from the Township Auditor.
RESOLUTION 07-156
AUTHORIZING ADJUSTMENTS TO THE 2007 SEWER BILLING
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice and recommendation of the Tax Collector, does hereby authorize adjustments to eleven (11) sewer accounts which will be increased by $83.00 for 2007 due to a computer fee input error for the following:
BLOCK LOT BLOCK LOT
10102 4 10106 28
11105 28 11801 14
10601 8 t012 12302 5
12203 20 13504 13
12302 6 14203 3
13802 2.01
BE IT FURTHER RESOLVED, that the sewer use levy for 2007 will increase by $913.00.
RESOLUTION 07-157
AUTHORIZING ADJUSTMENTS TO THE 2007 SEWER BILLING
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice and recommendation of the Tax Collector, does hereby authorize adjustments to the 2007 sewer billing due to water usage, senior deduction or billing error for the following:
BLOCK LOT ADJUSTMENT CREDIT DEBIT NAME
13506 2 BILL ERROR -154.00 HORINCEWICH
11001 27 T02 WATER LINE USAGE -2348.51 CHARMING NAILS
14205 5.01 WATER METER & USAGE - 591.08 BERMAN
13510 22 WATER LINE LEAK -45.00 YANNAZZONE
10105 12 WATER USAGE -431.00 SREBNICK
12701 19 WATER USAGE -108.00 ISELBORN
10106 19 WATER USAGE -255.00 ARMENANTE
10301 16.52 SENIOR DEDUCTION -15.00 CORSELLO
12603 1 WATER USAGE -27.00 WOLFE
14004 7 WATER USAGE -200.31 ELLISON/MILLER
13509 31 SENIOR CITIZEN -15.00 ARONEO
10106 17 WATER USAGE -151.75 DAVIS
13201 9 WATER USAGE -811.22 WONG
12901 1 BILL ERROR -106.00 BASINSKI
RESOLUTION 07-158
AUTHORIZING REFUND OF 2007 SEWER USE CHARGE
BE IT RESOLVED, that the Township Committee of the Township of Long Hill upon the advice and recommendation of the Tax Collector, does hereby authorize a refund of the 2007 Sewer Use Charge due to senior deduction to the following:
BLOCK LOT REFUND TO REFUND
10301 16.52 CORSELLO, DOROTHY $ 15.00
9 STONEHEDGE RD
MILLINGTON, NJ 07946
RESOLUTION 07-159
AUTHORIZING REFUND OF 2006 SEWER USE FEE
WHEREAS, Richard & Paulette Olin, 132 Greenwood Drive, Millington, New Jersey 07946, Block 11803 Lot 9.60, had a water meter and remote read problem with the New Jersey American Water Company (NJAWC) for prior water usage in 2005 and 2006 which affected the 2006 billing; and
WHEREAS, NJAWC has documented and advised the Tax Collector of these problems.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Tax Collector to refund $538.40 to Richard & Paulette Olin, 132 Greenwood Drive, Millington, New Jersey 07946.
RESOLUTION 07-160
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – MORRIS
WHEREAS, Jeffrey & Christine Morris, PO Box 577, Annandale, New Jersey 08801 submitted application 00-21P, for Block 14101, Lot 36; 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 $384.30 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 $384.30 to Jeffrey & Christine Morris, PO Box 577, Annandale, New Jersey 08801.
RESOLUTION 07-161
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE – CRI LONG HILL, INC
WHEREAS, CRI Long Hill, Inc., 342 Valley Road, Gillette, New Jersey, 07933 submitted application 05-15Z, for Block 10910, Lot 15; 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 $287.00 is remaining in the Developer’s Escrow.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the remaining balance of the Developer’s Escrow in the amount of $287.00 to CRI Long Hill, Inc., 342 Valley Road, Gillette, New Jersey 07933.
RESOLUTION 07-162
AUTHORIZING RETURN OF DEVELOPER’S ESCROW BALANCE, RESTORATION GUARANTEE AND ACCRUED INTEREST – MORRIS
WHEREAS, Jeffrey & Christine Morris, PO Box 577, Annandale, New Jersey 08801 submitted application 04-20P, for Block 14101, Lot 36; and
WHEREAS, the Planning and Zoning Administrator has authorized that no further billing is expected except for $50.00 for a future invoice and to return the remaining balance of the Developer’s Escrow except for $50.00; and
WHEREAS, the Chief Financial Officer has authorized the return of $187.64 from the Developer’s Escrow; and
WHEREAS, the Township Engineer has authorized the return of the Restoration Guarantee in the amount of $10,000; and
WHEREAS, the Chief Financial Officer has determined the accrued interest is in the amount of $364.67.
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 $187.64, the Restoration Guarantee in the amount of $10,000 and accrued interest in the amount of $364.67 to Jeffrey & Christine Morris, PO Box 577, Annandale, New Jersey 08801.
RESOLUTION 07-163
APPROVING GRADE ADVANCEMENT - NAGA
BE IT RESOLVED, that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, upon the advice and recommendation of Police Chief Michael Peoples, does hereby approve the advancement of Officer Ahmed Naga to Officer Grade II, effective July 1, 2007 at an annual salary of $74,859.16, prorated for the remainder of the year.
BE IT FURTHER RESOLVED, that this advancement is consistent with the PBA 322 Collective Bargaining Agreement.
RESOLUTION 07-164
APPROVING GRADE ADVANCEMENT - PETR
BE IT RESOLVED, that the Township Committee of the Township of Long Hill, County of Morris, State of New Jersey, upon the advice and recommendation of Police Chief Michael Peoples, does hereby approve the advancement of Officer Eric Petr to Officer Grade III, effective July 1, 2007 at an annual salary of $67,462.97, prorated for the remainder of the year.
BE IT FURTHER RESOLVED, that this advancement is consistent with the PBA 322 Collective Bargaining Agreement.
TOWNSHIP OF LONG HILL
RESOLUTION 07- 165
A RESOLUTION AUTHORIZING FILING OF AGGRESSIVE
DRIVING GRANT APPLICATION
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. The Mayor and Township Clerk are hereby authorized to execute and sign all documents necessary to effectuate the receipt of grant monies from the New Jersey Division of Highway Traffic Safety, Aggressive Driving Grant Program in the amount of $4,000.
2. The Township accepts all conditions as set forth in part 2 of the application.
RESOLUTION 07-166
APPOINTING DEPUTY OEM COORDINATOR - DALY
BE IT RESOLVED, that the Township Committee of the Township of Long Hill, upon the advice and recommendation of Ken Fullagar, OEM Coordinator, hereby appoints Shayne Daly as Deputy OEM Coordinator, effective May 30, 2007.
RESOLUTION 07-167
APPOINTING MEMBER TO THE MILLINGTON VOLUNTEER FIRE COMPANY – LOMBARDI
BE IT RESOLVED, by the Township Committee of the Township of Long Hill, upon the advice and recommendation of Dennis Lockwood, Chief of the Millington Volunteer Fire Company, hereby appoints Nicholas J. Lombardi as a Member of the Millington Volunteer Fire Company effective June 4, 2007.
RESOLUTION 07-168
ACCEPTING RESIGNATION – EDMUNDS
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby accept the resignation of Matthew Edmunds, Operators Helper, Class 2, effective May 25, 2007 (the last day of official work is on May 25, 2007).
TOWNSHIP OF LONG HILL
RESOLUTION #07-169
A RESOLUTION AUTHORIZING THE REDUCTION OF GOLDCON, INC.’S PERFORMANCE GUARANTEE (APPLICATION NO. 00-062)
WHEREAS, Goldcon, Inc. ("Developer") is the developer of property located at Poplar and known as Lot 16.05, Block 1, on the Township tax maps; and
WHEREAS, the developer posted International Fidelity Insurance Company Performance Bond 0358571 in the amount of $149,146.20 and a cash bond in the amount of $16,571.80 for a total performance guarantee of $165,718.00; and
WHEREAS, the Developer has served notice upon the Township Clerk, in accordance with the requirements of N.J.S.A. 40:55D-53, that the site improvements have been substantially completed and has requested the return of the performance guarantee; and
WHEREAS, Township Engineer Justin Lizza in a January 18, 2007 report, has recommended partial approval of those improvements;
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. The Township hereby approves those improvements designated as completed in the engineer's report.
2. In accordance with the Township Engineer's recommendation, the performance guarantee shall be reduced to $49,715.28.
3. The Township Clerk is hereby authorized to reduce the performance guarantee to $49,715.28 all of which shall be cash. Upon receipt of the $49,715.28, the Deputy Clerk is authorized to release Fidelity Insurance Company Performance Bond 0358571 in the amount of $149,146.20
4. The Township is not accepting any of the improvements at this time, and will not do so until all improvements are completed to the satisfaction of the Township Engineer.
5. At the time of acceptance of the improvements, the Township will release the balance of the performance guarantee and will require the posting of a maintenance bond in accordance with the requirements of N.J.S.A. 40:55D-53(a)2 and Section 37-16 of the Township Code.
6. The Deputy Clerk is hereby directed to serve a copy of this resolution upon the Developer.
TOWNSHIP OF LONG HILL
RESOLUTION #07-170
ADOPTING 401A PLAN
WHEREAS the Township of Long Hill has agreed to the establishment of a Defined Contribution Plan to be made available to all employees and elected officials pursuant to Section 401 (a), with provisions added by reason of the Economic Growth and Tax Relief Reconciliation Act of 2001; and
WHEREAS, the rationale for the adoption and implementation of a Defined Contribution Plan is to attract and retain qualified employees, as well as provide enhanced retirement security to eligible employees and elected officials; and
WHEREAS, certain substantial tax benefits could accrue to employees and elected officials; and
WHERESAS, this Plan shall be exempt from ERISA and various IRS Code Sections to which governmental plans are exempted, including, but not limited to: (i) the nondiscrimination testing pursuant to Code Section 401(a)(4), 401(m) and 401(k); (ii) the coverage testing pursuant to Code Section 401(a) and (b); (iii) the minimum vesting requirements pursuant to Code Section 411; (iv) the top-heavy rules pursuant to Code Section 401(a)(10)(B)(iii); and (v) the anti-assignment rules pursuant to Code Section 401(a)(13).
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. The Township of Long Hill is adopting a Defined Contribution Plan which relies on the provisions added by reason of the Economic Growth and Tax Relief Reconciliation Act of 2001. The Township of Long Hill on will also rely on the contribution limits as set forth in IRC Sec. 415(c); Notice 2003-73, 2003-45 IRB 1017; and
2. It hereby maintains a Defined Contribution Plan for the voluntary participation of employees and elected officials; and
3. It hereby adopts a Defined Contribution Plan provided by the Lincoln National Life Insurance Company and Lincoln Financial Group, it’s agent; and
4. The Lincoln National Life Insurance Company and Lincoln Financial Group, it’s agent, has agreed to be the provider of the Defined Contribution Plan for employees and elected officials; and
5. The Lincoln National Life Insurance Company and Lincoln Financial Group it’s agent, will provide, for the benefit of the participants a Multi-Fund Variable Annuity contract ; and
6. Lincoln National Life Insurance Company was selected, because of the level of service, financial stability of the company, features of the plan investment options and recommendations; and
7. There has been no collusion, or evidence or appearance of collusion, between any local official and a representative of Lincoln National Life Insurance Company and Lincoln Financial Group, it’s agent, in the selection of a provider; and
8. The Mayor is authorized to execute Administrative Services Agreements with the Lincoln National Life Insurance Company and Lincoln Financial Group, its agent, and such other agreements as are necessary to implement the Defined Contribution Plan. It is implicitly understood that there is to be no cost or contribution by the Township of Long Hill to the Plan; and
9. The Chief Financial Officer authorized to serve as the “Administrator” of the plan, represent the Township of Long Hill, and remit funds for each said employee; and
10. This plan is amended by limiting the eligible employees to the Chief of Police and the Mayor and Clerk are hereby authorized to sign the amendment.
11. The Township Clerk is directed to forward a certified true copy of this resolution to Lincoln National Life Insurance Company and Lincoln Financial Group, its agent.
TOWNSHIP OF LONG HILL
RESOLUTION #07-171
A RESOLUTION AUTHORIZING AGREEMENT WITH DEVELOPER CONCERNING REPAVING OF PLEASANT PLAINS ROAD
WHEREAS, one of the conditions of approval of the High Point Estates subdivision (Application #99-35P) was that the developer, Menza & Beissel, repave a portion of Pleasant Plains Road; and
WHEREAS, the Township intends to repave other sections of Pleasant Plains Road outside of the area for which the developer is responsible; and
WHEREAS, it would be more efficient and cost-effective if the Township’s and the developer’s jobs were combined; and
WHEREAS, Township Engineer Justin Lizza has recommended that the town mill and pave the subject area of the roadway through the Morris County Co-op and then bill the developer for the work; and
WHEREAS, the Township still holds a performance guarantee from the developer for the repaving of that portion of Pleasant Plains Road for which the developer is responsible;
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. The Mayor and Township Clerk are hereby authorized to sign an agreement with the developer whereby the Township will repave Pleasant Plains Road and bill the developer for that section of the repaving for which the developer is responsible pursuant to its development approval and developer’s agreement.
2. Upon completion of the repaving and all other improvements for which the developer is responsible, the Township will accept those improvements in accordance with the Municipal Land Use Law.
3. Upon acceptance of the improvements, the developer will be required to post a maintenance guarantee as required by the Municipal Land Use Law.
RESOLUTION 07-172
APPROVING EXECUTIVE SESSION MINUTES – APRIL 25, 2007
BE IT RESOLVED, that the Township Committee of the Township of Long Hill does hereby approve the Executive Session Minutes of April 25, 2007.
RESOLUTION 07-173
APPOINTING PART-TIME FIRE PREVENTION INSPECTOR – HOFFMAN
BE IT RESOLVED, by the Township Committee of the Township of Long Hill, upon the advice and recommendation of Louis Aroneo, Fire Official, hereby appoints Gerald Hoffman as a part-time Fire Prevention Inspector effective on or about June 4, 2007 at an annual salary of $20,000 prorated for the remainder of the year.
RESOLUTION 07-174
AUTHORIZING STIPULATION OF SETTLEMENT-PEOPLES
BE IT RESOLVED that the Township Committee of the Township of Long Hill in the County of Morris, State of New Jersey approves and authorizes the stipulation of settlement attached herewith along with the general release with Chief Michael Peoples and authorizes the Deputy Municipal Clerk to accept the resignation of Michael Peoples in accordance with the stipulation of settlement.
The vote was as follows:
Mr. Aroneo Aye with the exception of #07-157
Mr. Briggs Aye
Mr. Collins Aye
Ms. Genovese Absent
Mayor Vitureira Aye
Mayor Vitureira opened the meeting to the public.
Don Knowles, Gillette, spoke regarding the removal of grass by a streetlamp by his property (by JCP&L) and suggested adopting an ordinance informing homeowners regarding the removal and replacement of sidewalks adjacent to their properties. Mr. Pidgeon stated that JCP&L must notify the Township if they remove and replace a sidewalk. Mr. Knowles inquired who will replace the grass. Mr. Pidgeon stated that JCP&L should replace the grass.
Mr. Knowles inquired if the State would come and run the Township if the CFO resigned and an Administrator was not hired. Mayor Vitureira responded in the negative and Mr. Pidgeon explained that an Administrator is not required by law.
Mr. Knowles inquired how the Mayor is doing with Morris County in terms of sidewalks, noting that it has been six months since this has been brought to his attention. Mayor Vitureira explained steps which need to be taken prior to the matter being sent to the county. Mr. Knowles made an appointment with Mayor Vitureira for 10:00 a.m. on Monday to further discuss the issue.
Gary Pratt, Gillette, stated that at the last meeting he had two requests, one for sidewalks and the other for minutes, the Mayor has not gotten back to him yet, and he would be happy to call the Mayor at 11:00 a.m. on Monday to discuss these issues further.
Bob Harris, Millington, spoke regarding allocating animal control to all taxpayers not just dog owners through dog license fees. Mr. Pidgeon stated that the use of dog license fees is regulated by state law.
Jay Hadded, Millington, inquired regarding State requirements for dog licensing. Mr. Pidgeon explained that the state requires dog licensing and the Township sets the fees within certain parameters.
No one else wished to be heard and Mayor Vitureira closed the meeting to the public.
On motion of Mayor Vitureira, seconded by Mr. Collins and unanimous voice vote, the meeting reconvened into Executive Session at 10:52 p.m. and adjourned immediately following Executive Session at 11:00 p.m.
Respectfully submitted,
______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk
