Township of Middletown Minute Book Regular Meeting January 20, 2015

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A Regular Meeting of the Township Committee of Middletown Township was held in the Main Meeting Room at Town Hall, One Kings Highway, Middletown, New Jersey at 8:00 p.m. on January 20, 2015. Deputy Township Clerk Melissa Hesler called the meeting to order and read the following notice: The Notice Requirements provided for in the Open Public Meetings Act have been satisfied. Notice of this meeting was properly given by transmission to The Star Ledger, The Independent and Two River Times and by posting at the Middletown Township Municipal Building and filing with the Township Clerk all on January 9, 2015. Also present were Administrator Anthony Mercantante, Township Attorney Brian Nelson, Director of Public Works and Township Engineer Ted Maloney, Assistant Administrator Jim VanNest, CFO Colleen Lapp. PLEDGE OF ALLEGIANCE Deputy Township Clerk Melissa Hesler led the assembly in the Pledge of Allegiance. Deputy Township Clerk Melissa Hesler requested a moment of silence to honor the troops serving worldwide defending our freedoms and way of life. INTRODUCTION OF PROPOSED ORDINANCES: Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3123 Ordinance Amending Fees Assessed for Returned Checks It was moved by Mayor Murray, seconded by Deputy Mayor Massell to introduce Ordinance 2015-3123 with a public hearing to be held on February17, 2015. Deputy Township Clerk Hesler stated motion carried to introduce ordinance 2015-3123. 1

Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3124 Ordinance for Title 39 at Sloan Kettering Complex It was moved by Mayor Murray, seconded by Committeeman Settembrino to introduce Ordinance 2015-3124 with a public hearing to be held on February17, 2015. Deputy Township Clerk Hesler stated motion carried to introduce ordinance 2015-3124. Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3125 Ordinance Amending Chapter 65 Liquor License Establishments Distance It was moved by Mayor Murray, seconded by Committeeman Fiore to introduce Ordinance 2015-3125 with a public hearing to be held on February17, 2015. Deputy Township Clerk Hesler stated motion carried to introduce ordinance 2015-3125. Resolution No. 15-66 Payment of Bills: Payment of Bills for January 20, 2015 in the amount of $4,097,470.92. Deputy Township Clerk Hesler requested a motion to adopt Resolution #15-66. It was moved by Mayor Murray, seconded by Deputy Mayor Massell and carried to adopt the resolution. Deputy Township Clerk Hesler stated the motion carried to adopt resolution 15-66. 2

CONSENT AGENDA Deputy Township Clerk Melissa Hesler requested a motion to adopt a consent agenda including resolutions 15-67 through 15-72 and Bingo and Raffle Applications. It was moved by Mayor Murray, seconded by Committeeman Settembrino and carried to adopt the consent agenda: Deputy Township Clerk Hesler stated the motion carried to adopt the consent agenda. Resolution No. 15-67 Resolution Authorizing Release of Maintenance Bond WHEREAS, the developer of the sub-division known as Michael Loori Bus (Block 202, Lot 7) had posted with the Township a Maintenance Bond in the amount of $10,184.25; and WHEREAS, the developer has requested a release of said Maintenance Bond; and WHEREAS, the Consulting Engineer, as set forth in his letter of December 12, 2014, indicates he has inspected the premises and has recommended that that the Maintenance Bond in the amount of $10,184.25 be released; and WHEREAS, the Township Committee agrees with said recommendation. NOW, THEREFORE, BE IT RESOLVED by the Middletown Township Committee that the Maintenance Bond be released. A certified copy of this resolution shall be provided by the Office of the Township Clerk to the following: a. T&M Associates b. Planning c. Michael Loori 130 Highway 36 Middletown, NJ 07748 3

Resolution No. 15-68 Resolution awarding Contract to Aon for Year Ending 2015 Actuarial Services (3) WHEREAS, the Township requires the services of an Actuarial Consultant to provide data manipulation and review, selection of assumptions, valuation processing and to prepare a final report; and WHEREAS, The final report shall include a summary of current plan provisions, summary of all assumptions and methods applied, liabilities by active, deferred vested, retiree and beneficiary status, projection of cash flows to provide a forward looking estimate of the financial impact to the Township and all tables required for adoption of GASB 45; and WHEREAS, Aon Hewitt Consulting can prepare such a review and provide such a report; and WHEREAS, while the Local Public Contracts Law does not require competitive bidding for contracts anticipated to be below $17,500, or which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor; and WHEREAS, subject to certification of availability of funds by the Chief Financial Officer, Aon Hewitt, 400 Atrium Drive, 5th Floor South, Somerset, NJ 08873 is qualified and has agreed to provide Actuarial Services. NOW, THEREFORE, BE IT RESOLVED by the Township of Middletown in the County of Monmouth, State of New Jersey that Aon Hewitt, 400 Atrium Drive, 5th Floor South, Somerset, NJ 08873, is hereby awarded a contract to serve as the Township s Actuarial Service Consultant for 2015 for a contract amount of $11,000. BE IT FURTHER RESOLVED that the Mayor and the Clerk are hereby authorized and directed to execute an Agreement for the provision of such professional services, a copy of which shall be maintained by the Clerk and advertised in the Township s official newspaper pursuant to law. Resolution No. 15-69 Resolution Reappointing Tax Collector WHEREAS, N.J.S.A. 40A:9-141 requires every municipality to have a Tax Collector appointed by the governing body of the municipality; and WHEREAS, Judith Vassallo is a certified municipal Tax Collector was appointed to serve as the Tax Collector for a term of four years, to expire December 31, 2014; and 4

WHEREAS, pursuant to N.J.S.A. 40A:9-142, the term of office of the Tax Collector, who holds a municipal tax collector certificate, shall be four years. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that Judith Vassallo be and is hereby reappointed as the Tax Collector, for a four-year term, to expire on December 31, 2018 in accordance with N.J.S.A. 40A:9-142, and is to be paid pursuant to the Township's annual salary ordinance. Resolution 15-70 Resolution Authorizing Conservation Easement Block 711 Lot 25 WHEREAS, on May 12, 2014, the Township of Middletown Zoning Board of Adjustment granted approvals for the construction of a single family home with variances subject to certain conditions including granting a conservation easement to the Township to Nelson Enterprises LLC for Block 711, Lot 25 on the Official Tax Map of the Township ( the Property ); and WHEREAS, the property owner has prepared for the Township s acceptance a Deed of Conservation Easement and Description as further set forth in Exhibit A attached hereto and made part hereof. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that the Deed of Conservation Easement provided by Nelson Enterprises LLC is hereby accepted by the Township of Middletown. BE IT FURTHER RESOLVED that the Mayor, Township Clerk and Township Attorney are hereby authorized and directed to sign and take all necessary actions to execute and effectuate the recordation of the easement. Resolution 15-71 Resolution Authorizing Purchases from Vendors with State Contract WHEREAS, the Township of Middletown desires to purchase various goods and services from authorized vendors under the State of New Jersey Cooperative Pricing Program 1-NJCP as authorized by N.J.S.A. 40A:11-12 and N.J.A.C. 5:34-77.15; and WHEREAS, the Township Purchasing Agent has reviews and recommends the utilization of these contracts on the grounds that they represent the best available; and WHEREAS, a list of vendors has been attached hereto showing state contract vendors, state contract numbers and maximum amounts from which purchases may be made during the calendar year 2015. NOW THEREFORE BE RESOLVED by the Township Committee that the Purchasing Agent on behalf of the Mayor and the Township Administrator as Contracting 5

Agent is hereby authorized to process purchase orders with vendors on the attached list in accordance with the terms of the State Contracts as indicated in amounts not to exceed amount listed for each; and BE IT FURTHER RESOLVED that no certification of funds from the Chief Financial Officer has been attached because these contracts are open-ended pursuant to N.J.A.C. 5:30-11-10 individual purchase orders will be processed prior to release of the order to the vendor. VENDOR CONTRACT # CATEGORY AMOUNT A.E. Stone A82251 Asphaltic concrete, $ 75,000.00 Cold Patch Accses of NJ CNA A77110 Janitorial Services $140,000.00 Allcom A83902 Radio Equipment $ 25,000.00 Allied Oil A81399 Heating Oil $ 10,000.00 CDW A70262/75583/ Computer Equipment $ 60,000.00 Century Office A51465 Ricoh copier/maintenance $ 20,000.00 Products Per copy charges Custom Bandag A82527/A82528 Tires $ 90,000.00 Dell Computer A77003/70256 Computer Equipment $ 60,000.00 Downs Ford A79163 Auto Parts/Access. $ 40,000.00 Eagle Point Gun Co. A81296 Ammunition $ 40,000.00 East Coast Lighting A81338 Police & Sec. Equip/Supp. $ 40,000.00 F & C Automotive A73733 Heavy Equipment Parts $140,000.00 Goodyear A82527 Tires $ 50,000.00 Harter Equip. A76917 Heavy Equip. Parts $ 75,000.00 J. Swanton Fuel A81394 Heating Oil $ 25,000.00 Kaldor Emergency A81333/81334 Police Equipment $ 65,000.00 6

VENDOR CONTRACT # CATEGORY AMOUNT Lawson A73736/76910 Parts/Repairs $ 40,000.00 Motorola A83909 Radio Equipment $ 100,000.00 Mid-Atlantic Truck A73939 Automotive Parts/Hvy $ 60,000.00 Duty Truck NJ Fire Equip. A80945/ Protective Clothing/Equip $ 115,000.00 80954/53 80961/65 National Parts Supply A85993 Non-OEM Auto Parts $ 30,000.00 Co. Light Duty Vehicles Old Dominion Brush A85861 Parts/Repairs/Road Maint. $ 15,000.00 Equipment Pedroni Fuel A80910 / Gasoline / Diesel Fuel $ 900,000.00 A81391 Rachles/Michele s Oil A81398 Heating Oil $ 300,000.00 Staples A77249 Office Supplies/Equip. $ 60,000.00 Storr Tractor A76921 Parts/Repair Equip. $ 40,000.00 Suburban Propane A79926 Propane Gas $ 30,000.00 Swanton Fuel Oil A81394 Fuel Oil-Heating $ 50,000.00 Taylor Oil Co. A82765 Diesel & Biodiesel Fuel $ 35,000.00 Trico Equip. A76917 Heavy Equip. Parts $ 60,000.00 WW Grainger A79875 Industrial Supplies/Equip $ 30,000.00 7

Resolution 15-72 Resolution Authorizing Execution and Acceptance of Deeds Block 825 Lots 2.01, 2.12, 2.16, 2.18 and 2 WHEREAS, the Township of Middletown Planning Board granted major subdivision approval for the Estate of Antoinette Schildge subject to the granting of various easements to the Township of Middletown as follows: 1. Deed of Sight Triangle Easement for Block 825, Lot 2.01; 2. Deed of Sight Triangle Easement for Block 825, Lot 2.12; 3. Deed of Sight Triangle Easement for Block 825, Lot 2.16; 4. Deed of Sight Triangle Easement for Block 825, Lot 2.18; 5. Deed of Dedication of Right of Way for Block 825, Lot 2; and WHEREAS, the property owner has prepared for the Township s acceptance the above-referenced Deeds and applicable descriptions as further set forth in Exhibit A attached hereto and made part hereof. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that the above listed Deeds of Easement and Deed of Dedication of Right of Way provided by the Estate of Antoinette Schildge are hereby accepted by the Township of Middletown. BE IT FURTHER RESOLVED that the Mayor, Township Clerk and Township Attorney are hereby authorized and directed to sign and take all necessary actions to execute and effectuate the recordation of these Deeds of Easement and Deed of Dedication of Right of Way. BINGO AND RAFFLES: PTA St. Benedict School 15-01 PTA St. Benedict School 15-02 PTA St. Benedict School 15-03 PTA St. Benedict School 15-04 Christian Brothers Academy 15-05 Christian Brothers Academy 15-06 St Catherines Church 14-159-A Maria Frangella Foundation For Colon Cancer Research Inc. 15-07 Collier Services 15-08 Collier Services 15-09 8

TOWNSHIP COMMITTEE COMMENTS: Committeeman Settembrino welcomed in the New Year 2015 and expressed his wishes for good weather! Committeeman Fiore also wished everyone a good New Year and commented that less snow makes for better budgeting. He expressed his interest in having an ordinance put on the agenda for introduction regulating LED signs to prohibit the flashing, quick changing messages. Committeeman Fiore discussed the need to formalize a committee to provide guidance regarding the athletic fields. The Committee would include members of the youth athletic sports associations that would work with the Recreation Department. Committeeman Fiore commented on the Middletown Disaster Relief Committee that was created two and a half years ago to provide assistance to area residents after Super Storm Sandy. He stated that the Committee expended the last of the funds which were raised and distributed for a worthwhile cause. Committeeman Scharfenberger commented on the recent meeting of the Faith Based Initiative group. Deputy Mayor Massell welcomed in the New Year and stated that he is looking forward to another great year. He commented on the Community Identity Program which will focus on women in Middletown and an intern program within the municipal offices. PUBLIC COMMENTS: Pete Gatto, 17 Libby Place, Port Monmouth commented on a tractor trailer containing hazardous material being parked on his street on a regular basis and asked if the Committee would consider an ordinance to prohibit commercial vehicles from parking on residential streets. Mr. Gatto stated that he approached the owner of the vehicle and the owner refused to move the truck leaving him no option but to call the police. Mayor Murray stated that the Committee is aware of the problem and will discuss options for an ordinance at the next workshop. Committeeman Fiore stated that there is another issue that the police should be addressing and that is vehicles left idling, and he supports the idea of an ordinance to be discussed at the next meeting. Mike Gurliaccio, 19 Lydia Place also commented on the commercial vehicle parking on a residential street and the impact a vehicle has on the asphalt. Linda Payton, 10 Lydia Place stated that there were two rigs on her street, both were idling and when it was reported to the police the owner shut the engine off just prior to them arriving, giving the police no cause to ticket. She stated this is a very dangerous situation for a residential area. 9

James Meyers, 24 Lydia Place stated that he received a cease and desist letter citing him for working on his own vehicle in his driveway. Anthony Mercantante, Township Administrator stated that he would like to see the letter, if the vehicle is over 10 tons you cannot repair in your driveway. ADJOURNMENT It was moved by Mayor Murray, seconded by Committeeman Fiore and carried to adjourn at 8:30 P.M. Roll Call Vote: Ayes: Fiore, Massell, Settembrino, Scharfenberger, Mayor Murray Deputy Township Clerk Melissa Hesler stated motion carried to adjourn. Respectfully submitted, Approved: Melissa Hesler Deputy Township Clerk Stephanie C. Murray Mayor, Township of Middletown 10