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TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

JUNE 4, 2015



Mayor Moslowski Jr. called the meeting to order at 7:02 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Dr. Robert A. Frascella, LoriSue H. Mount and Mayor Stanley Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator and Dennis A. Collins, Township Attorney, Esq. Patrick J. Jeffery, Township Engineer. Absent Stephen J. Alexander and Robert Faber.

Following the Flag Salute, the Clerk announced that the Notice requirements of R.S. 10:4-18 for an "Annual Notice" had been satisfied by the publication of the required advertisement in the Asbury Park Press and the Messenger Press January 15, 2015, posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

REPORTS: Committee Liaisons will each provide reports on their respective departments, monthly reports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.

• Treasurer Report – April 2015

• Construction Report – May 2015

CORRESPONDENCE: The following correspondence has been received and is on file in the office of the Municipal Clerk. These items will be kept at the counter for review for the next week.

• Upper Freehold Regional School District – A4F Forms & Tax Requisition Schedule – copy attached

• Monmouth County Board of Chosen Freeholders – Adopted a Resolution for Monmouth County Bicycle Facility Policy and Guidelines

• Fair Winds Farm – Open House celebrating New Jersey Month of the Horse – June 28th from

1 to 4 pm – copy attached

• Borough of Allentown – Adoption of Resolution supporting the Reconstruction/Reconfiguration of Ellisdale Road/New Road

• PSE&G – Electric and Gas Company – Petition to modify it’s manufactured gas plan remediation component within its electrical Societal Benefits charge – posted

• Freehold Area Health Department Annual Board of Health Dinner – June 11, 2015 @ 7:00 pm. – copy attached.

• Borough of Matawan adopted a resolution supporting the Transparent Tax Act of 2015

• Legislature supporting A4455 Requires certain gas companies to use existing right-of-way when constructing new transmission lines where practicable and to seek consent of municipalities prior to initiating certain projects – copy attached

Land Use Notices:

• State of NJ, Department of Environmental Protection – Freshwater Wetlands Letter of

Interpretation Verification – Withdrawal-Assunpink Wildlife Management Area, Block 7, Lot 1

Land Use Notices – Other Municipalities-

• Millstone Township – Adoption of Ordinance on May 20, 2015 amending the Land Use & Development Regulations for Accessory Buildings and Structures, Permitted Principal Uses, Signs permitted in the Planned Commercial Development Zone, Signs permitted in the Recreation Camp Zone and Wireless communications

ORDINANCE 270-15 –PUBLIC HEARING

A BOND ORDINANCE AMENDING AND SUPPLEMENTING BOND ORDINANCE NUMBERED 262-14 OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY FINALLY ADOPTED MAY 8, 2014 IN ORDER TO AMEND THE DESCRIPTION OF THE PROJECT AND TO INCREASE THE APPROPRIATION.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 270-15. There being no comments from the Public a motion was offered by Dr. Frascella, moved and seconded by Ms. Mount to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

Ordinance 270-15 was offered for adoption on second reading by Dr. Frascella, moved and seconded by Ms. Mount. This Ordinance was adopted by the following vote: Dr. Frascella, aye Ms. Mount, aye; and Mayor Moslowski Jr., aye.

ORDINANCE 271-15 PUBLIC HEARING

AN ORDINANCE AMENDINGAND SUPPLEMENTING CHAPTER XVI (STREETS AND SIDEWALKS) SECTION 16-1 (EXCAVATION OF STREETS) OF THE REVISED GENERAL ORDINANCES THE TOWNSHIP OF UPPER FREEHOLD.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 271-15. There being no comments from the Public a motion was offered by Dr. Frascella, moved and seconded by Ms. Mount to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

Ordinance 271-15 was offered for adoption on second reading by Dr. Frascella, moved and seconded by Ms. Mount. This Ordinance was adopted by the following vote: Dr. Frascella, aye Ms. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 118-15 A RESOLUTION AUTHORIZING PAYMENT OF BILLS

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount.

|BE IT RESOLVED, that the following bills, properly certified be the Chief Financial |

|Officer, be paid: | | | |

| | | | |

| | | | |

|Current Fund | | |$2,009,838.99 |

|Capital General Fund | | |1,012,729.74 |

|Coah Trust Fund | | |126.00 |

|Developer Escrow Fund | | |5,182.84 |

|Dog Trust Fund | | |$46.20 |

|Municipal Drug Alliance Trust Fund | | |$5,013.22 |

|Open Space Trust Fund | | |$96,077.08 |

|Public Defender Trust Fund | | |$225.00 |

|Recreation Trust Fund | | |$0.00 |

| | | | |

| | | | |

| | | | |

|Total | | |$3,129,239.07 |

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye (exec T&M).

RESOLUTION 119-15 A RESOLUTION TO HIRE ADDITIONAL PER DIEM FIREFIGHTER EMPLOYEES TO BE ON-CALL

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount

WHEREAS, Upper Freehold Township adopted an Ordinance to create the position of Firefighter for Hope Fire Company #1 to fill a need in the community to have permanent employees available during the day to insure efficient response to emergency calls; and,

WHEREAS, this effort is being funded through a Shared Services Agreement with the Borough of Allentown; and,

WHEREAS, it is necessary to have several qualified Per Diem Firefighters on-call to fill in during vacation days, sick days, or under other circumstances that may arise; and,

WHEREAS, Supervisor of the Fire Department has recommended Mr. Daniel S. Lobos, to be hired by Upper Freehold Township on an on-call basis to be paid a per diem salary based on an hourly rate of $ 13.00 per hour, and;

WHEREAS, funds for this purpose are available in the 2015 Budget in the appropriation known as Fire: Salary & Wages , Account Number 5-01-25-265-013 and the Chief Financial Officer/Treasurer has so certified in writing.

NOW, THEREFORE, BE IT RESOLVED, that Mr. Lobos is a qualified applicant and is hereby hired on an on-call basis at a per diem salary based on an hourly rate of $13.00 per hour:

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Township Administrator/Chief Financial Officer, Chief and President of Hope Fire Company #1, the Borough of Allentown and Mr. Lobos.

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 120-15 A RESOLUTION REVISING SALARY INCREASE FOR MUNICIPAL DRUG ALLIANCE COORDINATOR

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount

WHEREAS, Ordinance 264-14 of the Township of Upper Freehold as adopted June 5, 2014 established salary ranges for Employees and Township Officials of the Township; and,

WHEREAS, the Township Committee of Upper Freehold Township resolved to establish per Resolution 110-15 on May 7, 2015 revised salaries for Certain Employees and Certain Township Officials; and,

WHEREAS, the Resolution 110-15 provided a salary of $29,952 for the Drug Alliance Coordinator, Deborah Minnick retroactive to 01/01/2015; and,

WHEREAS, the Municipal Drug Alliance Coordinator’s salary is covered by a grant from the Monmouth County Drug Alliance with a fiscal year of July 1, 2014 through June 30, 2015, where modifications to salary is not appropriate; and,

NOW, THEREFORE BE IT RESOLVED, that the salary of $29,952, identified on Resolution 110-15 for the Drug Alliance Coordinator, become effective July 1, 2015, coincident with the Monmouth County Drug Alliance fiscal year;

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Chief Financial Officer.

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 121-15 A RESOLUTION HIRING ON CALL/PER DIEM

MUNICIPAL COURT SECURITY OFFICER

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

WHEREAS, the Upper Freehold Township Committee deems it to be in the best interests of the residents of Upper Freehold Township to hire retired police officer(s) to maintain the safety and security in the Municipal Court room on the days that Municipal Court is in session; and,

WHEREAS, the following candidate submitted an application demonstrating prior experience adequate to perform this function; and,

WHEREAS, the candidate has been interviewed by the Township Administrator; and,

WHEREAS, the Township Committee has authorized the Township Administrator/Chief Financial Officer to present James P. Petrecca the position of Municipal Court Security Officer with a salary offer; and,

WHEREAS, the candidate has accepted the salary offer from the Township; and,

WHEREAS, the Chief Financial Officer has certified that the funds are available in account number 5-01-43-490-010, Municipal Court-Salary and Wages.

NOW, THEREFORE, BE IT RESOLVED this appointment is being made on a probationary basis, to the position of Municipal Court Security Officer, at an hourly salary of $15.00, effective June 8, 2015.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Chief Financial Officer, Township Administrator and James P. Petrecca.

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 122-15 A RESOLUTION ACKNOWLEDGING THE RESIGNATION OF MUNICIPAL COURT JUDGE

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

WHEREAS, Bonnie L. Goldman, Attorney at Law, was reappointed as Judge of the Municipal Court of Upper Freehold Township for a period of three years, pursuant to law, effective January 1, 2015, by Resolution 61-15, and,

WHEREAS, the Township Committee of Upper Freehold Township has received a letter of resignation from Bonnie L. Goldman, Attorney at Law, Municipal Court Judge, effective August 1, 2015.

NOW THEREFORE BE IT RESOLVED that the Township Committee of Upper Freehold Township does hereby accept the resignation of Ms. Goldman with regret.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Township Administrator/ Chief Financial Officer, (Personnel File), and Bonnie L. Goldman, Attorney at Law.

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 123-15 A RESOLUTION CALCULATING THE 2015 ESTIMATED TAX RATE

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

WHEREAS, due to the late adoption of Monmouth County’s Budget, the Monmouth County Board of Taxation is unable to certify tax rates throughout Monmouth County and the Upper Freehold Township Collector will be unable to mail the Township’s 2015 tax bills on a timely basis;

WHEREAS, the Upper Freehold Township Tax Collector in consultation with the Upper Freehold Township Chief Financial Officer has computed an estimated tax levy in accordance with N.J.S.A. 54-66.3, and they have both signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH AND STATE OF NEW JERSEY on this 4th day of June, 2015, as follows:

1. The Upper Freehold Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Township for the third installment of 2015 taxes. The Tax Collector shall proceed and take such actions as are permitted and required by L. 1994, c.72 (N.J.S.A. 54:4-66.2 and 54.4-66.3).

2. The entire estimated tax levy for 2015 is hereby set at $1,219,968,500.

3. In accordance with law the third installment of 2015 taxes shall not be subject to interest until the later of August 11 or the twenty-fifth calendar day after the estimated tax bills were mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue.

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

DISCUSSION:

Road Projects – The Township Committee authorized the Township Engineer to move forward on both ends of Breza Road, however with respect to the other streets on the list they would like to put on the next agenda for further discussion.

PRIVILEGE OF PUBLIC:

Dianne Farbecky – 50 Chambers Road – Is challenging the Township Committee to enact an Ordinance to prohibit the chaining dogs, particularly in bad weather. She feels strongly that dogs do not belong chained in the back yard. She would like the Township Committee to consider introducing a Ordinance.

Ray Chiste – 6 Huntington Court – Came to the Township Committee with concerns of the nearby Amazon warehouse using “Drones” for delivering of packages. Drone experiments are currently being conducted at the Amazon drone research facility in Canada. Mr. Chiste is hopeful that the Township Committee takes a proactive stance and preemptive action to address this situation so that the technology doesn’t get out in front of the rules that define the use of that technology.

Louise O’Brien - Spoke in favor of the Township Committee introducing an Ordinance against tethering your dog outside. She feels as though if there isn’t an Ordinance the animals can’t be protected. Several other municipalities have already adopted Ordinances against tethering your dog outside.

James and Stacy Avery – 19 Arneytown Hornerstown Rd – Came to the Township Committee and stated that they are a non for profit and it’s not a business. Why did they receive a letter from the Zoning Official Ronald Gafgen. Why do they have to go in front of the Planning Board and pay $1400.00. The Township Attorney Collins advised Mr. & Mrs. Avery that the Township Committee can’t discuss this matter. That they need to follow the directions provided to them by Mr. Gafgen.

Kim Lima – Icabod – Spoke regarding the dog bite issue on Icabod. Her son got bit on Memorial Day weekend by a dog; however the dog never left its property her son went onto their property to play. She is not happy with the Animal Control services that she was provided; Animal Control told her that she feels sorry for the dog. No one contacted her to check the status of her son.

Al Trenton – Wygant Road – Wasn’t present at the last meeting when Wygant Road was discussed and wanted to state for the record he is against the end of Wygant Road being paved. His wife however would love for the remainder of the Road to be paved. If the Town decides to pave the unpaved portion perhaps a bend could be added to slow down the cars. Mr. Trenton commended the road department; he said they do a great job grading the road.

PRIVILEGE OF COMMITTEE:

Dr. Frascella – No Comment

Ms LoriSue H. Mount – The town lost a longtime resident and a member of Hope Fire Company Miles Merritt who was a key player to getting the Fire Company relocated to where it is now on Route 526. He also was involved in restoring the hand pumper that is on display at Hope Fire Company. Mrs. Mount appreciated Mrs. Lima’s concern for Animal Control and advised that the Clerk will inquire as to the process. Dogs need to be controlled by their owners. Thanks for taking the time to come out to the meeting and hopefully your little guy is on the road to recovery.

Mayor Moslowski – Stated that another longtime resident Ruby Klink, passed away, she was the school nurse for 40 plus years and a member of the Board of Health Committee.

TOWNSHIP ATTORNEY READS RESOLUTION FOR TOWNSHIP COMMITTEE TO ADJOURN TO EXECUTIVE SESSION:

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

BE IT RESOLVED that the following portion of this meeting dealing with the following generally described matters shall not be open to the public:

BE IT FURTHER RESOLVED that it is anticipated that the matters to be considered in private may be disclosed to the Public at a later date under the following circumstance.

BE IT FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exceptions set forth in the Act:

______ 1. Rendered confidential by Federal law or that if disclosed would impair receipt of Federal funds.

______ 2. Rendered confidential by State Statute or Court Rule.

______ 3. Would constitute an unwarranted invasion of individual privacy.

______ 4. Deals with collective bargaining, including negotiation positions.

______ 5. Deals with purchase, lease or acquisition of real property with public funds.

______ 6. Related to setting of bank rates or the investment of public funds and disclosure could adversely affect the public interest.

______ 7. Related to tactics and techniques utilized in protecting the safety and property of the public and disclosure may adversely affect the public.

______ 8. Related to investigation of violations or possible violations of the law.

______ 9. Related to pending/anticipated litigation or contract negotiations in which the public body is or may be a party.

______ 10. Falls within the attorney-client privilege and confidentiality is required.

______ 11. Deals with personnel matters of public employees and employee has not requested that the matter be made public.

______ 12. Quasi-judicial deliberations after public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

RETURN TO OPEN SESSION:

Upon returning to Open Session, the Mayor directed the Clerk to call the roll. All were present as previously called.

A motion was offered by Dr. Frascella, moved and seconded by Mrs. Mount to authorize the Dennis Collins, Township Attorney to handle the State vs. Romano for the amount of $400.00.

This motion was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye.

MOTION TO ADJOURN: There being no additional business, a motion was offered by Dr. Frascella moved and seconded by Ms. Mount, that this meeting be adjourned at 9:25. The motion was approved by the following vote: Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski Jr. aye.

________________________

Dana L. Tyler, RMC

Municipal Clerk

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