Monday, May 19, 2008

March 26, 2008

MINUTES OF THE LONG HILL TOWNSHIP COMMITTEE
MARCH 26, 2008 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 26, 2008 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 #08-109
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 Mr. Briggs, seconded by Mayor Vitureira, Resolution #08-109 was approved. The vote was as follows:

Mr. Aroneo Absent
Mr. Briggs Aye
Mr. Collins Absent
Mr. Mazzucco Aye
Mayor Vitureira Aye

The Township Committee convened to Executive Session at 7:01 p.m.

The Township Committee reconvened to Regular Session at 7:38 p.m.

Mr. Mazzucco led all present in the Pledge of Allegiance.

On roll call the following Committee members were present:

Jerry Aroneo
Mead Briggs
Chris Collins
Michael Mazzucco
Mayor Vitureira

Absent: None

Also present: Richard Sheola, Administrator/Acting Municipal Clerk/CFO
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 December 20, 2007; posted on the bulletin board in the Municipal Building on December 20, 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.


Sue Becker, President of the Board of Education, Kenneth Gross, Interim Superintendent, John Esposito, Business Administrator and Lisa Scanlon, Chairperson of Curriculum, were present for the presentation of the 2008-2009 School Board Budget.

A presentation was given regarding the proposed $13,710,265 School Board Budget including constraints, additions and reductions to the budget; the proposed budget is a 3.96% increase in spending and a 6.42% tax levy increase.

Kenneth Gross, Interim Superintendent, explained courtesy busing and potential issues which would result with the cessation of courtesy busing including: the need for additional crossing guards and the installation of sidewalks and traffic lights due to hazardous road conditions. A discussion ensued regarding sidewalks, traffic lights, cost, sidewalk clearing regulations, safety, speed limits and subscription busing.

Mayor Vitureira opened the meeting to the public for questions or comments pertaining to the School Board Budget.

Roseanne Calluori, Millington, addressed the Governing Body regarding safety concerns. Sue Becker, President of the Board of Education, explained that the Task Force is reviewing all these issues.

Len Hamilton, Meyersville, spoke in support of children walking given safe circumstances, encouraged the use of school buses and spoke against people driving their children to school in cars. Mr. Hamilton suggested that parents, who drive their children to school when buses are available, should pay a fee.


Len Hamilton, Chairman Environmental Commission, gave a presentation regarding the proposed revised energy policy for the Township. The Governing Body directed that the matter be discussed at the next meeting and that the proposed energy policy be placed on the Township website.


Dick Albers, Sewer Advisory Committee member, gave a presentation on ways of increasing the capacity at the sewer treatment plant and explained a proposed program in which septic system owners would be permitted to connect to the sewer system for a voluntary contribution fee which would be utilized to fix the sewer capacity problem.

Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this matter. No one wished to be heard.


Justin Lizza, Township Engineer/DPW Director, gave an overview of the Valley Road & Northfield Road and Valley Road & Division Avenue traffic light projects and requested direction from the Governing Body.

Lieutenant Kesselmeyer spoke regarding sight triangle improvements and the speed of vehicles at the Valley Road & Northfield Road and Valley Road & Division Avenue intersections. A discussion ensued regarding potentially assisting the impacted residents with tree replacement, the grant timetable, cost of the project if the Township declines the grant and decides to go forward with the project in the future, pedestrian traffic and safety.

Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this matter.

Bonnie Post, Millington, spoke regarding the hazards of Valley Road and against the installation of traffic lights and sidewalks.

Susan Gronske, Millington, spoke regarding long term planning, against sight clearing, in support of traffic lights and the need for courtesy busing to be removed from the school budget.

Mike Smargiassi, Millington, addressed the Governing Body regarding the need for further analysis of the intersection and encouraged improving the sight triangle and signage.

Tom Di Dia, Millington, suggested lowering the speed limit at the intersection, marking Northfield Road heading towards Valley Road and changing Valley Road into a no passing zone. Lieutenant Kesselmeyer stated that the stop line on Northfield Road will be painted soon and that he would speak to the County regarding Mr. Di Dia’s other suggestions.

Roseanne Calluori, Millington, spoke regarding the impact of eliminating courtesy busing and in support of reducing the speed limit on Valley Road. Lieutenant Kesselmeyer explained the process used to determine speed limits.

Maureen Ross, Millington, spoke against the installation of a traffic light at the Valley Road & Northfield Road intersection.

Nanette Harrington, Gillette, stated that approximately 20 children live in the area that could potentially walk to school, explained that safety is a primary consideration when attempting to determine whether or not to eliminate courtesy busing and suggested turning the intersection into a 25 mph school zone with a crossing guard. Lieutenant Kesselmeyer explained that the intersection may be too far away from the school to impose a school zone. Mayor Vitureira directed Lieutenant Kesselmeyer to look into the matter.

John (inaudible), Millington, noted the aesthetic impact of installing traffic lights and the need to consider other issues such as children crossing train tracks and the installation of sidewalks. Mayor Vitureira stated that there is already a crossing guard at the Northfield Road train tracks.

Wayne Ross, Millington, stated that the fire hydrant would have to be moved.

Jim Giancola, Millington, inquired as to what criteria will be utilized to determine whether the intersection is safe once the sight triangle is cleared. Lieutenant Kesselmeyer explained that the aim would be to change the sight triangle to a State approved acceptable level.

John Farley, Millington, stated that he is opposed to the installation of a traffic light at the intersection of Valley Road & Northfield Road and inquired regarding the process which was used to determine that a traffic light is needed at the intersection. Chief Hedden explained the history of the proposed project.

Dave Parris, Gillette, addressed the Governing Body regarding traffic and reducing speed limits.

No one else wished to be heard.


The Township Committee recessed at 9:36 p.m.

The Township Committee reconvened at 9:43 p.m.


Mayor Vitureira announced that Matt Lombardo, owner of Lombardo Farms offered to donate 10 Cyprus trees as a buffer between Town Hall and Valley Mall.


On motion of Mr. Mazzucco, seconded by Mr. Aroneo, that the Township pass on the grant to install the traffic lights and instead improve the sight triangle.

Mr. Briggs stated that the Planning Board is considering improvements to the Valley Road corridor and encouraged residents to provide input.

A discussion ensued regarding the need for long term planning, sight clearance, and cost analysis.

The vote to pass on the grant was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye


Lieutenant Kesselmeyer explained the sight clearing which took place at the Old Forge Road & Long Hill Road intersection. A discussion ensued regarding stop signs.

Mayor Vitureira opened the meeting to the public regarding this matter.

Susan Gronske, Millington, spoke in favor of installing stop signs at the Old Forge Road & Long Hill Road intersection.

Michael Rieger, Millington, stated that the sight triangle will get worse once the trees bloom and spoke in favor of installing stop signs. A discussion ensued regarding vehicular and pedestrian safety at the intersection and reviewing the situation in six months.

No one else wished to be heard and Mayor Vitureira closed the meeting to the public.

Mr. Aroneo made a motion that stop signs not be installed at the Old Forge Road & Long Hill Road intersection. There was no second.

On motion of Mayor Vitureira, seconded by Mr. Mazzucco, that a comprehensive traffic and pedestrian plan for a five-way stop be created at the Old Forge Road & Long Hill Road intersection. A discussion ensued regarding pedestrian traffic and safety. The vote was as follows:

Mr. Aroneo Nay
Mr. Briggs Nay
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye

Mr. Sheola explained the proposed Town Hall traffic plan. A discussion ensued regarding the proposed traffic plan and speed limit enforcement.

Mayor Vitureira opened the meeting to the public regarding this matter.

Mary Martin, Library Director, spoke regarding the safety of individuals utilizing the parking lot and sight visibility.

Roseanne Calluori, Millington, spoke in support of educating people to follow speed limit regulations.

Dennis Sandow, Millington, encouraged the Governing Body to move forward with the project in a timely manner.

An unidentified resident encouraged the Governing Body to move forward with the traffic plan due to safety concerns.

On motion of Mr. Collins, seconded by Mr. Mazzucco, that a Town Hall traffic plan ordinance be prepared. The vote was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye

TOWNSHIP OF LONG HILL
RESOLUTION #08-120
RESOLUTION ENDORSING APPLICATION FOR NON-CONSTRUCTION GRANT THROUGH MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND
WHEREAS, the Historic Preservation Advisory Committee has prepared a grant application for the Millington Schoolhouse/Old Town Hall; and

WHEREAS, the application requires an endorsement from the governing body of the applicant agency; and

WHEREAS, there is a cash match requirement of $10,000 should the grant application be approved; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that should the grant application be approved by the Morris County Historic Preservation Trust Fund, the Township of Long Hill will commit up to $10,000 from the Township of Long Hill Historic Preservation Trust Fund towards the project as described in the grant application, a copy of which is made part of this Resolution.


Carol Prasa, Historic Advisory Committee member, gave a presentation regarding Resolution #08-120 and the need to confirm the title and any restrictions to the title as part of the grant application process.

Mary Lou Weller, Township Historian, addressed the Governing Body regarding preserving the Millington Schoolhouse/Old Town Hall.

Mayor Vitureira opened the meeting to the public for questions or comments pertaining to this matter.

Phyllis Fast, Gillette, encouraged the Governing Body to keep residents and members of the committee, which was created two years ago to preserve the Old Town Hall informed. Mayor Vitureira gave a brief overview of efforts being taken to preserve the Old Town Hall.

Damon Vaughan, Gillette, spoke in support of preserving the Millington Schoolhouse/Old Town Hall building.

On motion of Mayor Vitureira, seconded by Mr. Mazzucco, Resolution #08-120 was approved. The vote was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye


On motion of Mayor Vitureira, seconded by Mr. Collins and unanimous voice vote, that the meeting be extended.

Mayor Vitureira read by title:

Ordinance #225-08 entitled “AN ORDINANCE CONCERNING SEWER USER RATES AND AMENDING CHAPTER XXII OF THE TOWNSHIP CODE ENTITLED “SEWERS”.

Mayor Vitureira opened the meeting to the public for a hearing on Ordinance #225-08.

No one wished to be heard and Mayor Vitureira closed the hearing to the public.

On motion of Mayor Vitureira, seconded by Mr. Collins, that Ordinance #225-08 be passed on final reading and adopted as published. The vote was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye


Mayor Vitureira read by title:

Ordinance #226-08 entitled “AN ORDINANCE CONCERNING RECYCLING AND AMENDING CHAPTER XXI OF THE TOWNSHIP CODE ENTITLED “SOLID WASTE MANAGEMENT”.

Mayor Vitureira opened the meeting to the public for questions or comments pertaining to Ordinance #226-08.

Dennis Sandow, Millington, noted several issues with ordinance 226-08 and addressed the Governing Body regarding unenforceable regulations. Mr. Pidgeon stated that he would discuss Mr. Sandow’s recommendations with Mr. Sheola and explained that non-substantive changes can be made at second reading.

On motion of Mayor Vitureira, seconded by Mr. Collins, that Ordinance #226-08 was passed on first reading, published according to law, and that a public hearing hereon is scheduled for Wednesday, April 23, 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
Mr. Mazzucco Aye
Mayor Vitureira Aye


Mayor Vitureira read by title:

Ordinance #227-08 entitled “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)”.

Mr. Sheola explained that Ordinance #227-08 permits the Township to increase appropriations. A discussion ensued.

Dennis Sandow, Millington, explained that the ordinance does not involve any additional taxation dollars this year and spoke against adopting the ordinance.

The Governing Body requested that more information regarding ordinance #227-08 be presented at a subsequent meeting.

On motion of Mayor Vitureira, seconded by Mr. Briggs, that Ordinance #227-08 was passed on first reading, published according to law, and that a public hearing hereon be scheduled for Wednesday, April 23, 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 Nay
Mr. Mazzucco Aye
Mayor Vitureira Aye


Mr. Collins inquired regarding the company, Converse Consultants, on page 4 of the bills list. Mr. Sheola explained that Converse Consultants is conducting phase I on the open space property which the Township is considering for purchase.

Mayor Vitureira opened the meeting to the public for questions relating to the Consent Agenda Resolutions. No one wished to be heard.

On motion of Mr. Collins, seconded by Mr. Briggs, the following Consent Agenda Resolutions, were introduced and adopted:

RESOLUTION 08-110
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 08-111
AMENDING RESOLUTION 08-093 ENTITLED
AUTHORIZING REFUND OF 1st QUARTER TAXES 2008
BE IT RESOLVED by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey, that Resolution 08-093 authorizing refund of 1st quarter taxes 2008 is hereby amended as follows:

BLOCK LOT REFUND TO REFUND
11512 14.03 Anabela DaCrus-Melo, Esq. $1350.00
1322 North Avenue
Elizabeth, NJ 07208

RESOLUTION 08-112
AUTHORIZING THE RETURN OF ESCROW – PIPIA
WHEREAS, Frank Pipia has requested that the Escrow fees be returned; and

WHEREAS, the Chief Financial Officer has determined that $523.08 remain in the accounts.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Long Hill hereby directs the Chief Financial Officer to return the balance of the Escrow in the amount of $523.08 to Frank Pipia with respect to Board of Adjustment Application #06-09Z

TOWNSHIP OF LONG HILL
RESOLUTION #08-113
RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND
FOR TROMBETTA RESIDENCE
WHEREAS; Anthony Trombetta. (“Developer”) is the developer of Block 14204 Lot 67.03; and

WHEREAS, the Developer posted a Performance Bond in the amount of $10,000.00; and

WHEREAS, the Developer has served notice upon the Township 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 its performance guarantee; and

WHEREAS, Township Engineer Justin Lizza, confirmed on March 11, 2008, that the improvements have been completed in substantial conformity with the approved plans and recommended the release of the performance guarantee; and

WHEREAS, the Township Engineer, Justin Lizza, has advised that a Maintenance Bond is not necessary

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey as follows:

1. Performance Bond in the amount of $10,000.00 is hereby released.

TOWNSHIP OF LONG HILL
RESOLUTION #08-114
RESOLUTION AUTHORIZING THE SIGNING OF THE CHILD HEALTH CONFERENCE CONTRACT WTH BERNARDS TOWNSHIP HEALTH DEPARTMENT
WHEREAS; the Township of Bernards provides services relating to the Child Health Conference that are not available elsewhere; and

WHEREAS, the Township of Bernards has provided a proposed contract for the services for the year 2008; and

WHEREAS, the Township Administrator has reviewed the proposal and has determined it is in the best interest of the Township of Long Hill to enter in to the agreement for the year 2008; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey the Mayor and Township Clerk are authorized to sign the attached agreement with Bernards Township for the Child Health Conference.

TOWNSHIP OF LONG HILL
RESOLUTION #08-115
RESOLUTION SUPPORTING THE CREATION OF THE SWAMP BIKE LOOP AS PART OF A REGIONAL RECREATION PROJECT
WHEREAS, there has been proposed a bicycle loop through Chatham Township, Harding Township and Long Hill Township area abutting and through the Great Swamp; and

WHEREAS, the County of Morris has requested a written indication of support for the project from the affected municipalities; and

WHEREAS, the Township Committee of the Township of Long Hill desires to indicate its support by adopting this resolution;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey, that the proposed bicycle loop through and abutting the Great Swamp is highly desirable undertaking that has the full support of the Township of Long Hill and that this resolution shall be forwarded to the County of Morris and the Townships of Harding and Chatham.

RESOLUTION 08-116
CERTIFYING ACTIVE MEMBERSHIP WITH STIRLING 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 Brian Nigro is an active member of the Stirling Volunteer Fire Company and is eligible to be a member of the New Jersey State Firemen’s Association.

TOWNSHIP OF LONG HILL
RESOLUTION #08-117
RESOLUTION APPROVING THE POLCIES AND PROCEDURES FOR THE OPERATION OF LONG HILL TELEVISION (LHTV)
WHEREAS, The Township Committee has established via Ordinance a Communications Advisory Committee (“CAC”), which in part, is charged with the operation of the local access channel known as LHTV; and

WHEREAS, it is incumbent to establish sound operating procedures and policies governing the operation and use of LHTV with respect to programming, sponsorship, and emergency responses to name a few; and

WHEREAS, CAC has provided a comprehensive set of policies, procedures, releases and user agreements for the review and approval by the Township Committee; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey the Policies and Procedures of the Communications Advisory Committee are hereby approved as filed with the Township Clerk.


TOWNSHIP OF LONG HILL
RESOLUTION #08-118
RESOLUTION APPROVING FILLING OF REIMBURSEMENT CLAIM FOR EXPENSE INCURRED REALTIVE TO THE HAZARDOUS MATERIAL INDICENT OF MARCH 10, 2008
WHEREAS, on March 10, 2008, there was a Hazardous Materials incident that required the response by all of Long Hill Township emergency responders; and

WHEREAS, the Office of Emergency Management has compiled a list of costs associated with the aforementioned incident; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey the Office of Emergency Management is hereby authorized to file for reimbursement of the costs associated with the incident and to bill the responsible party and/or their insurance carrier.

TOWNSHIP OF LONG HILL
RESOLUTION #08-119
RESOLUTION AUTHORIZING SPECIAL COUNSEL FOR PERSONNEL MATTER
WHEREAS, there is a matter of personnel that requires special counsel; and

WHEREAS, the firm of DiFrancesco, Bateman is qualified to handle such matters; and

WHEREAS, the matter has been discussed with the firm and it is believed the costs will not exceed $1,400.00; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey the firm of DiFrancesco, Bateman, 15 Mountain Avenue, Warren, NJ is hereby engaged as Special Counsel at an amount not to exceed $1,400.00

The vote was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Aye
Mayor Vitureira Aye

On motion of Mr. Collins, seconded by Mr. Briggs and unanimous voice vote, the meeting reconvened into Executive Session at 11:19 p.m.


*The meeting reconvened at 11:29 p.m. All were present except for Mr. Mazzucco.


On motion of Mayor Vitureira, seconded by Mr. Collins, that the balance of the Z Brothers Contract be paid. The vote was as follows:

Mr. Aroneo Aye
Mr. Briggs Aye
Mr. Collins Aye
Mr. Mazzucco Absent
Mayor Vitureira Aye

On motion of Mr. Collins, seconded by Mr. Briggs and unanimous voice vote, the meeting adjourned at 11:30 p.m.


Respectfully submitted,



______________________________
Anna Imiolek, RMC
Deputy Municipal Clerk


* The recorder was not turned back on when the Township Committee reconvened. The italicized portion was compiled from information provided by Mr. Sheola.