MTC Meeting Minutes 02/23/10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, February 23, 2010, 7:00 p.m.

Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey

 

7:08 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman James Sandham, Jr.:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Roll call Township Committee:

 

Present:          Committeeman Don Kostka

                        Committeewoman Deborah Nielson (arrival 7:10 p.m.)

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Absent:            Committeeman Art Daughtry

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-022310A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:  Property Acquisition – Changebridge Road extension; Marketplace.  Litigation – First Aid Squad; Stefanelli; Civil Service.  Contract negotiations – Blue Collar; White Collar; PSE&G temporary right-of-way.  Attorney Client Privilege – Municipal Court.

 

Motion:  Kostka.  Second:  Braden.  All in favor except Daughtry and Nielson - absent.  Resolution adopted.

 

Committeewoman Nielson arrived at this time.

 

At 7:10 p.m. – Closed Session.  At 8:05 p.m. – Public Session.

 

Chairman Sandham read the Statement of Open Public Meetings Act Compliance again for the record.

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

PRESENTATION:  Highlands – Housing Element/Fair Share Plan, by Joseph Burgis, Township Planning Consultant.  Burgis stated they have been working with the Planning Board Master Plan subcommittee on a Highlands Housing Element/Fair Share Plan.  A draft document has been prepared.  We would like authorization to forward it to the Highlands.  We have to identify in summary fashion how we are going to meet our COAH obligations.  Burgis went over the obligations.  We have 211 excess credits.  He went over how we are distributing those credits.  We do not have to do any additional zoning to meet our obligations.  We are in a very good position. 

 

Sandham stated opting in or opting out of the Highlands would have had a de minimis impact on the COAH issue because we have met our requirements anyway.  Burgis stated correct.

 

Nielson stated the Township has talked on and off about development fees.  When do you plan to implement a development fee ordinance?  Burgis stated you may adopt an ordinance to impose a fee on new construction.  You get to use that money for a variety of housing activities.  In addition, we are obligated to help fund a rehab program.  We have a 14-unit rehabilitation program.  Rehabilitation program $70,000.  You could use that money for that. 

 

Nielson stated this fee ordinance would help establish a mechanism to pay that.  We do have grant monies for the preparation of this study.  Burgis stated we received two grants - $65,000 total.

 

Motion to direct Mr. Burgis to file this report to the Highlands on behalf of the Township Committee:  Nielson.  Second:  Braden.  All in favor except Daughtry - absent.  Motion approved.

 

PUBLIC HEARINGS:

 

NO. 1 – PUBLIC HEARING ON PREQUALIFICATION REGULATIONS FOR THE PARTIAL EXTERIOR AND INTERIOR RESTORATION OF THE MONTVILLE MUSEUM:

 

Anthony Barile, Township Engineer, stated we have a project pending for additional rehabilitation of the Montville Museum.  It is the Phase III improvements to that building.  State regulations for historic buildings require that contractors be prequalified before they bid on the project.  This requires a public hearing to establish that procedure.  With the conclusion of this public hearing tonight, the documentation will be sent down to the State Historic Preservation Review Commission for their approval.  Once that occurs, Montville Township will advertise the project for public bidding, contractors will come in to pick up the questionnaire for prequalification, and submit their documentation.  They will be reviewed by my office as well as by the architect for the project.  Those that are approved as prequalified can then bid on the project. 

 

Chairman Sandham asked - the Township Committee has already in theory approved the work because we got some grants for this work?

 

Barile answered yes, that is correct.  There are two grants that cover a large percentage of the cost.  The remaining percentage is covered by ordinances that the Township has adopted in past years.  The approval of those grant applications were done by resolution of the Township Committee.

 

Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Nielson.  Second:  Braden.  All in favor except Daughtry - absent.  Motion approved.

 

RESOLUTION ADOPTING PREQUALIFICATION REGULATIONS IN CONNECTION WITH BIDS FOR THE MONTVILLE MUSEUM RESTORATION PROJECT:

 

            WHEREAS, pursuant to N.J.S.A. 40A:11-25 the Township Committee of the Township of Montville may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded by the Township; and

 

            WHEREAS, the Township is required to establish prequalification regulations for projects financially assisted by the New Jersey Historic Preservation Bond Fund or the Garden State Preservation Trust; and

 

            WHEREAS, the Township seeks such financial assistance in connection with the restoration of the Montville Museum; and

 

            WHEREAS, there have been promulgated contractor prequalification regulations in connection with the restoration of the Montville Museum; and

 

            WHEREAS, the Township Committee has conducted a public hearing and has determined that it is in the best interest of the Township of Montville to establish reasonable regulations appropriate for controlling the qualification of perspective bidders in connection with the restoration of the Montville Museum.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the prequalification regulations attached hereto are hereby adopted for utilization in connection with the bid for the restoration of the Montville Museum; and be it further

 

            RESOLVED that the implementation of the contractor prequalification regulations is subject to review and approval of the Director of the Division of Local Government Services and the Township Clerk is hereby authorized to file with the Director of the Division of Local Government Services proposed regulations, a true copy of this Resolution, a true copy of the hearings, copies of the two newspaper legal advertisements for public hearing, and a completed, certified, standard certification form. 

 

Motion:  Braden.  Second:  Kostka.  All in favor except Daughtry – absent.  Resolution adopted.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he is a resident and a Library Trustee.  Regarding the library building – they are a tenant.  The library wants to make certain improvements.  The town is not funding these.  The library is giving back to the town the excess funds they don’t spend in their budget.  Does the town have the right to say they are not going to let us make this improvement – and then they can use those funds to make the improvement? 

 

Martin Murphy, Township Attorney, stated this is by statute.  The property is exclusively used by the library.  They make all the decisions. 

 

Truscha Quatrone, 4 Majorca Road, Towaco, asked if the Changebridge Road extension talked about in closed session is where there is a proposed Quick Chek. 

 

Murphy stated it is a proposed change to the intersection. 

 

Quatrone asked if the grants Mr. Burgis and Ms. Nielson spoke of have been received yet.

 

Frances Vanderhoof, Director of Finance, stated Mr. Burgis will get paid directly from Trenton. 

 

Quatrone asked what happens if they don’t pay him – in light of the things in the newspapers that Governor Christie is doing.

 

Sandham stated they will have to look at the contractual language.  Nielson stated we will have to cross that bridge when we come to it.

 

Tom Hill, 223 Willows Road, Fredon, of Stop the Lines, stated thank you for participating as an intervener.  Unfortunately, the BPU has decided to approve the project.  The interveners would like to appeal that, but the towns will have to pay for that.  I am asking you to please continue the fight.

 

Committeewoman Nielson asked if there is an estimated dollar amount for the appeal.

 

Hill stated approximately $50,000 total – about $7,000 to $7,500 per town.

 

Andrea Wong, 16 Bogert Road, Pine Brook, stated she is asking you to follow through on that.  Are you going forward with opposing it?

 

Sandham stated the Township Committee has not discussed it yet.  There is a meeting next week with the attorneys.  The Township will be attending.  We have to hear what is being proposed. 

 

Wong stated the towers near the school – do we know how far away they will be moved?

 

Frank Bastone, Township Administrator, stated the BPU’s decision has not been memorialized yet.  It will be at their next meeting.

 

Sandham stated we have to see how detailed that document is.

 

Nielson suggested the folks keep up their letters to the BPU, etc.  The Board of Education is also an affected party. 

 

Hearing not further comments, Chairman Sandham closed the public portion.  Motion:  Nielson.  Second:  Kostka.  All in favor except Daughtry, absent.  Motion approved.

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported on the Parsippany Sewer Plant upgrade.  The additional cost for the upgrade fit within the budget projections that were utilized for the current sewer rate.

 

Sustainable energy meeting – awarded a 12-month natural gas contract.

 

Project monitoring – starting in January, we implemented a monthly land use meeting to monitor development and construction projects.

 

ATTORNEY:  No report.

FINANCE:  No report.

ENGINEER:  No report.

 

DISCUSSION ITEMS:

 

NO. 1 – PLAUSHA PARK WATER SYSTEM:  Bastone reported Mr. Mazzaccaro has been working on this with the Water & Sewer Engineer.  We were approached by representatives of the water system to take over the system and replace it with a new water system. There are 61 homes.  Bastone described the project – 6,000 feet of 8” water main.  He went over the estimated costs and four different funding scenarios. 

 

Glenn Marsnick, Forest Place, Treasurer of Plausha Park, stated they have not seen the scenarios.  Our priority is to sign on with the Township.  We request any assistance in keeping the costs low.  Right now we pay $500 per year. 

 

Bastone stated with the existing rate system, a lot would be paying less.

 

Tom Mazzaccaro, Water & Sewer Director, stated we do have a past precedent for this type of project – Woodhill/Hillcrest/Pomona water extension. – very similar project.  In my opinion, the cost estimates are going to come down.  The lines are over 100 years old.  I don’t see this as a hard project.  The roads would have to be repaved, and the paving cost is included.  It still would have to be determined how this is going to take place – deeds, etc.  This is a project that should go forward in some fashion – and the sooner the better.

 

Nielson stated three phases – you would want all 61 homes to opt in?  Marsnick stated we would certainly try our best to have 100% participation. 

 

Sandham asked have you done any kind of survey?  Marsnick stated about 2/3 are in favor. 

 

Mazzaccaro stated their usage is 49,000 gallons per day.  If you take over, they would use about 18,000 gallons per day.  There is a problem there.  Marsnick stated there is a leak in the reservoir.  A study was done by the state.

 

Committeeman Braden asked are you looking for a number to hook up?  Mazzaccaro stated all of them and for all new homes going forward.

 

Discussion regarding some of the funding scenarios.

 

Sandham stated we should move forward with the legal questions.

 

Braden stated there are a number of Plausha Park people here.  Is there anyone here that would object? 

 

Bob Filippo, 6 Roome Road, Towaco, asked why do you have to replace the mains?  They held up when we had to have city water.  We pay a flat fee so the amount of water we use is probably more.

 

Rory O’Rourke, 25 Barney Road, Towaco, stated most of it is 6” pipes.  I don’t think there will be any problem getting the 100%.

 

Robert Koetzner, 17 Roome Road, Towaco, stated he took the agreements off his deed when he refinanced so there probably won’t be 61 agreements.  I think a great majority will be in favor of it.

 

Sandham stated the Administrator, Tom, and the Attorney will work on getting these questions answered.

 

NO. 2 – EVERY DROP COUNTS:  Karen Cortellino, Board of Education, stated they would like to discuss jointly funding the EDC program.  Gave a history of the program.  The EDC program has benefited all residents.  The children learn a great deal about the aquifer.  Through meetings and a subcommittee, our administration has reduced the program to a 5th grade water festival, 6th grade field trip, and K-5 professional development for new teachers.  The RFP from Susan Marinello is $15,000.  Currently the BOE pays approximately $4,000 in busing costs for the field trips.  The BOE is under extreme financial restraints.  I am here to discuss joint funding, but I cannot guarantee that even if the Township will jointly fund that it will survive the BOE’s budget cuts.

 

Sandham stated they have similar budget constraints as well. 

 

Nielson stated she has been involved with the project over the years.  I think it should continue in some form.  In terms of funding, Mr. Brewer and Mrs. Cortellino have come aware of grants for this type of program.  I believe the deadline is May – sustainability projects.  I will bring this up at the next sustainability meeting tomorrow night. 

 

Sandham asked her to see if the sustainable committee would like to take this on as a grant application.

 

Nielson stated the Township Committee needs to agree with the program separate from the funding mechanism. 

 

Braden asked if the program has been reviewed and endorsed by the curriculum committee.

 

Cortellino stated it was written by three administrators and reviewed by the principals and the superintendent.

 

Braden stated things are much worse with the budget this year.  I do want to review it.  It is going to be tough to get a program like this through.

 

Cortellino stated they are looking for a theoretical, philosophical conceptual agreement on the program.

 

Don Kostka, Committeeman, stated with these budget numbers, no.

 

Sandham stated conceptually, there is potential in the program.  I don’t think there will be funding this year.

 

Cortellino stated she would like to pursue what Deb Nielson had to say about the sustainability meeting.  The representative from the state that attended the last meeting said a grant written by the BOE and Township would be viewed very favorably.  Not sure what the Township feels.  If you favor the program, we can pursue the grants.

 

Sandham stated we just received this tonight.   I think we need to review it.  Nielson stated they can still bring it up at the sustainability meeting tomorrow night.

 

Braden stated he would support a joint grant application.

 

Cortellino stated she will wait to hear from the Mayor regarding the Township’s sense or feeling and how we want to proceed.

 

NO. 3 – 2010 MUNICIPAL BUDGET:  Bastone reported the surplus is significantly down from last year.  We have been looking at a number of solutions to close the budget gap.  Three solutions are:  Cancellation of 2009 appropriation reserves.  Cancellation of capital ordinance balances.  Library commitment of $234,000.

 

Bastone handed out analysis of the 2009 reserves budget - $865,000.  The analysis looks at encumbrances that we need for a variety of obligations that we have.  This gives us the ability to cancel $350,000 of reserves and apply it to the surplus for this year.  We have gone over this with the auditor.

 

Bastone handed out analysis regarding cancellation of some general capital ordinances from 2004 and prior.  Those funds would lapse to surplus.

 

If we do these three scenarios, it would bring us back down to a 3½% increase in the levy, but this does not include the possible loss in state aid.  We need $545,000 to be reinstated to bring us back down to the 3% increase.  There is no final solution until we know what the state aid will be.

 

Township Committee is to review the ordinance and prioritize within two weeks.  Bastone will get them copies of the ordinances.  Also, have to keep in mind we have to get state approval on the reserves.  Mr. Vinci, Auditor, has been in contact with them.

 

Braden recommend outsourcing police vehicle maintenance.  Bastone stated you have Tom Mazzaccaro’s report.  We would eliminate the salary and fringe benefits from the budget and add the cost for the outsourcing.  $20,000 direct savings.  $45,000 to $50,000 net savings.  Bastone stated he would like to implement and make those changes for next meeting.  Township Committee – all in favor except Daughtry - absent.

 

Sandham stated he had asked the Township Committee to come up with scenarios.  Agenda for next meeting.

 

NO. 4 – OPEN SPACE TAX LEVY:  Bastone provided an analysis from the finance consultant with the different propositions.  Do we want to increase the Township’s open space tax levy corresponding to the amount of what the County is looking at or reducing it to or less?

 

Sandham stated as liaison to the Open Space Committee, he will walk through this.  In 2009, the Township Committee took action to not sunset the prior referendum on the tax levy.  We had the auditors put together a scenario of where we are with our current levy.  I would like to keep the money in our town.  There is no proposed spending in the scenarios.  I did a scenario of spending $500,000 per year for ten years.  At the current levy, you end up with a shortfall.  If you increase it ½ cent, you end up with a surplus.  This is something for the Township Committee to consider.  I don’t know if you want to wait for Mr. Daughtry. 

 

Braden stated I think the County did this for tax relief.  I would have a hard time negating relief.  Sandham stated they did it because they have a lot of surplus.  If you don’t do anything, you have a potential shortfall in the funding mechanism.  There is already a commitment for $1 million spending out there.  My position is to take ½ of what the County is taking back.

 

Nielson stated she would like to study more.  Item carried to next meeting.

 

NO. 5 – CELL TOWER LIBRARY:  Bastone stated we have a proposal to site a cell tower on municipal property at the library.  Would advocate doing this if we can work with the Library Board. 

 

Murphy stated state statute 40:54-25 covers both the building and land.  The question is do we have to get permission from the library because is that use for a free public library?  Nielson stated this is located next to a school.

 

Braden stated the numbers are very appealing, but you are looking at a 110-ft tower right by the road.  I won’t vote for it.

 

Bastone stated the alternate locations – two were on private property.  One was open space property.  Nielson stated maybe the new Governor can look to getting the regulations on open space properties relaxed.

 

Bastone stated two of the other locations were on BOE property.  Nielson stated the one should be explored.  Kostka and Sandham are open to it.  They will bring it to the Library Board.

 

Nielson stated the BOE needs to be brought into the equation after the Library Board talks about it.  She wants answers to the questions asked by residents opposing other proposed cell towers in town - the public health and safety issue. 

 

Murphy stated the revenue stream would be to the town. 

 

Bring to Library Board – Braden, no; Kostka, Neilson, and Sandham, yes.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-08 CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 9, 2010, at 8 p.m.  Motion:  Nielson.  Second:  Kostka.  Discussion:  Kostka asked for an explanation.  Bastone stated this is for the appropriations cap.  The appropriations cap is a calculation that you cannot increase your appropriation a certain amount regardless of your revenue stream.  This builds a bank.  We do this every year to make our bank as large as possible, but it is only good for two years.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – REFUNDING BOND ORDINANCE NO. 2010-09 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE CURRENT REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS, SERIES 2001, APPROPRIATING $3,050,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,050,000 GENERAL OBLIGATION REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 9, 2010, at 8 p.m.  Motion:  Braden.  Second:  Kostka.  Roll call vote – Daughtry, absent, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA5:  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING TAX REFUND:

 

WHEREAS, The TAX COURT OF NJ has entered judgment on appeals filed by taxpayers in the Township of Montville; and

 

 WHEREAS, the judgment reduced assessments and cancelled tax creating an overpayment of taxes for the year 2008 and 2009;

 

NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:

                                              

Block 160.1 Lot 10

10 Bloomfield Ave

Karczynski, Stanley                            2008                $ 63,820.00

2009                $ 72,006.00

Total                $135,826.00

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING VARIOUS TAX REFUNDS:

 

WHEREAS, due to duplicate payments received creating an overpayment of tax for the year 2009 and 2010; and

 

WHEREAS, it is the recommendation of the Tax Collector that these monies are refunded;

 

NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw a check in the amount of overpayment to:

                                              

Block 124.10 Lot 7.03

136 Changebridge Road, Unit G3

Lipkin, Eleanor                                                            2009                $  989.38

 

Block 145 Lot 1

2 Crescent Road

Meeker, Rosemarie                                                    2010                $2,012.90

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following tax sale certificate redemptions be processed by the department of Finance:

 

Block 39  Lot 37

2 Park Avenue

Lien Redemption Certificate #09-00008                                             $308.22

To: Palmisano, Robert or Nancy

 

CONSENT AGENDA ITEM D – RESOLUTION RELEASING SHARPE DEVELOPMENT – BLOCK 56, LOT 9, 110 MAIN ROAD – FROM PERFORMANCE GUARANTEE:  PSPP/F-04-15.  Cash $28,176.00 released.

 

CONSENT AGENDA ITEM E – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES TO THE TOWNSHIP OF MONTVILLE GENERAL FUND FROM THE MUNICIPAL COURT:

            WHEREAS, the following check has not been cashed, and the recipient claims no monies due:

 

            Check #2880, February 11, 2009, $172.00

 

            WHEREAS, the Township of Montville has been notified by Lakeland Bank that the check was not cashed;

 

            NOW, THEREFORE, BE IT RESOLVED, that these monies, $172.00, be transferred to the Montville Township General Fund as of this date.

 

CONSENT AGENDA ITEM F – RESOLUTION ACKNOWLEDGING RECEIPT OF CORRESPONDENCE ON BEHALF OF G.I. AUTO SALVAGE PROPERTIES:

 

WHEREAS, the Township of Montville received correspondence dated January 29, 2010 from Boswell Engineering representing G.I. Auto Salvage Properties request that the Township acknowledge the fact that the property owner will cease operations for a period of time in order to fast track environmental clean-up and initiation of site work for the Lowes project; and

 

            WHEREAS, the purpose of this correspondence was to request that the Township acknowledge that the property owners do not intend to abandon their preexisting non-conforming use by ceasing operations for the purpose of environmental clean-up and initiation of site work for the new use; and

 

            WHEREAS, the Township acknowledges receipt of this correspondence.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township Committee acknowledges receipt of correspondence dated January 29, 2010 from Boswell Engineering on behalf of G.I. Auto Salvage Properties indicating that the environmental clean-up and initiation of site work on the property shall not be construed as an abandonment of the preexisting non-conforming use as an auto salvage facility; and be it further

 

            RESOLVED that the Township consents to the issuance of a license for the operation of an auto salvage facility, during a period not to exceed two years, to allow for the environmental clean-up and initiation of site work as requested in the correspondence.

 

CONSENT AGENDA ITEM G – PROCLAMATION READ ACROSS AMERICA NJ – MARCH 2, 2010.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION RECOMMENDING THE REDESIGNATION FROM PA5 TO PA1 ON THE STATE PLAN MAP:

 

WHEREAS, the Township of Montville has determined the need exists to modify the portion of the draft State Plan Map relative to the “affected properties” in the southeast portion of the Township from PA5 to PA1 to more accurately reflect the current land use; and

           

WHEREAS, the attached drawings dated 09/16/09, entitled “Proposed Planning Area Revisions” and “Proposed Planning Area Revisions/Property Lot Designations,” display the limits and tax map designations of the affected properties; and

           

WHEREAS, the affected properties include the G.I. Auto site which consists of approximately 39 acres largely disturbed with an auto salvage operation which received approval in July 2009 for a 17-acre redevelopment project which will result in the preservation of 22 acres or over 50 percent of the property by an Environmental Conservation Easement and the redevelopment of four (4) acres of existing disturbed wetland buffer areas in an environmentally proper fashion consistent with the requirements of the New Jersey Department of Environmental Protection (“NJDEP”); and

           

WHEREAS, the affected properties include the Kevah Konnor site which consists of approximately 20 acres which is currently disturbed and the subject of a proposed redevelopment project; and

           

WHEREAS, the affected properties include the Home Depot site which consists of approximately 17 acres which is currently disturbed and an active retail area; and

           

WHEREAS, the current use and characteristics of the affected properties meet the criteria of a PA1 more than PA5; and

           

WHEREAS, the redesignation of the affected properties from PA5 to PA1 is consistent with the Township of Montville’s Master Plan and longstanding desire for redevelopment of the area; and

           

WHEREAS, the affected properties are within the existing sewer service area and the approved redevelopment of the G.I. Auto property from the Township Water and Sewer Department for connection to the municipal water and sewer systems; and

           

WHEREAS, the extension of the PA1 area to include the affected properties will involve the inclusion of existing disturbed areas while maintaining and restoring environmentally sensitive areas; and

           

WHEREAS, the Township of Montville is in favor of the redesignation of the affected properties from PA5 to PA1.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, as follows:

 

            1.         The Township of Montville recommends the redesignation from PA5 to PA1 on the State Plan Map of the properties on the attached drawings dated 09/16/09, entitled “Proposed Planning Area Revisions” and “Proposed Planning Area Revisions/Property Lot Designations.”

 

            2.         The reasons for the Township’s recommendation are as set forth above in this Resolution.

           

3.         The Township’s Land Use Director be and is hereby directed to communicate with the appropriate County and State officials relative to this request.

           

4.         A certified copy of this Resolution is to be provided to the Office of Smart Growth for the State of New Jersey, and the Morris County Department of Planning and Development.

 

Motion:  Braden.  Second:  Nielson.  All in favor except Daughtry, absent.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE BOROUGH OF MOUNTAIN LAKES – HEALTH SERVICES 2010:  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND CONNOLLY & HICKEY HISTORICAL ARCHITECTS:  Interior restoration and rehabilitation of the Montville Museum.  Not to exceed $27,500.00.

 

Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 4 – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2010 TO KNIGHTS INN:  55 Route 46 East.  Motion:  Braden.  Second:  Nielson.  All in favor except Daughtry, absent.  Resolution adopted.

 

NO. 5 – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2010 TO PINE BROOK MOTEL:  12 Route 46 West.  Motion:  Braden.  Second:  Nielson.  All in favor except Daughtry, absent.  Resolution adopted.

 

NO. 6 – RESOLUTION AUTHORIZING THE RENEWAL OF JUNKYARD LICENSE TO G.I. AUTO SALVAGE CO., INC. – BLOCK 179, LOT 1:  85 Old Bloomfield Avenue.  Motion:  Nielson.  Second:  Kostka.  All in favor except Daughtry, absent.  Resolution adopted.

 

NO. 7 – RESOLUTION AUTHORIZING THE RENEWAL OF JUNKYARD LICENSE TO V & V RECYCLING, INC.:  144 Main Road.  Motion:  Nielson.  Second:  Kostka.  All in favor except Daughtry, absent.  Resolution adopted.

 

NO. 8 – RESOLUTION OF THE TOWNSHIP OF MONTVILLE MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51:

 

WHEREAS, the Township of Montville desires to make application to the Local Finance Board for its approval to adopt the following entitled refunding bond ordinance:

 

Refunding Bond Ordinance of the Township of Montville, in the County of Morris, New Jersey Providing for the Current Refunding of Certain General Obligation Refunding Bonds, Series 2001, Appropriating $3,050,000 Therefor and Authorizing the Issuance of $3,050,000 General Obligation Refunding Bonds of the Township for Financing the Cost Thereof;    

 

WHEREAS, the Township of Montville believes that:

 

(a)        it is in the public interest to accomplish such purpose;

 

(b)        said purpose is for the health, welfare, convenience or betterment of the inhabitants of the Township;

 

(c)        the amounts to be expended for said purpose are not unreasonable or exorbitant;

 

(d)        the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township;

 

NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY as follows:

 

Section 1.        The application to the Local Finance Board is hereby approved, and the Township's Bond Counsel, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.

 

Section 2.        The Clerk of the Township is hereby directed to prepare and file a copy of the resolution and any other appropriate actions with the Local Finance Board as part of such application.

 

Section 3.        The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute.

 

Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 9 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES OCTOBER 13, 2009:  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, abstain; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 10 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS NOT YET RELEASED FROM VARIOUS MEETINGS OF 2008 & 2009:

 

2008

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Meadows Condo Association – contract negotiations

01/08/08

01/22/08

02/26/08

01/22/08

02/12/08

05/13/08

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

02/23/10

02/23/10

All

Property Acquisition – Pinto

03/25/08

04/22/08

05/27/08

05/27/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

02/23/10

02/23/10

All

Property Acquisition – Rockline

03/25/08

04/22/08

05/27/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

02/23/10

02/23/10

All

Contract Negotiations – PBA

07/08/08

07/22/08

09/09/08

 

10/14/08

10/28/08

11/13/08

12/09/08

07/22/08

08/12/08

09/09/08

 

01/27/09

01/27/09

02/10/09

04/28/09

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

09/08/09

02/23/10

02/23/10

All

Union contract negotiations – health benefits

09/23/08

10/14/08

10/14/08

01/27/09

09/08/09

02/23/10

02/23/10

All

 

2009

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Contract Negotiations – PBA Contract

01/13/09

01/27/09

02/10/09

05/21/09

06/23/09

06/23/09

 

 

09/08/09

02/23/10

All

Litigation – Meadows

03/10/09

05/26/09

07/28/09

09/08/09

 

09/08/09

02/23/10

All

Litigation – Library/Vidris

03/24/09

07/28/09

09/08/09

02/23/10

Contract Negotiations – Lincoln Park Shared Services

04/14/09

08/11/09

07/28/09

10/27/09

09/08/09

02/23/10

All

Contract negotiations – Land Conservancy of NJ

06/09/09

08/11/09

09/08/09

09/08/09

10/27/09

01/26/10

09/08/09

02/23/10

All

Tax Appeal – 535 Realty Corp.

07/28/09

10/27/09

02/23/10

02/23/10

Tax Appeal – 5 Mars Court, LLC

07/28/09

10/27/09

02/23/10

02/23/10

Property Acquisition – Chapin Road Right-of-Way

07/28/09

10/27/09

02/23/10

02/23/10

Contract Negotiations – Professional Services Consulting Engineering

07/28/09

10/27/09

02/23/10

02/23/10

Tax Appeal – 54 Indian Lane, LLC

09/08/09

01/26/10

02/23/10

02/23/10

Tax Appeal – PLSS, LLC

09/08/09

01/26/10

02/23/10

02/23/10

Contract negotiations – group health insurance

09/08/09

01/26/10

02/23/10

02/23/10

 

Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, abstain; Braden, yes; Nielson, yes; Sandham, yes.  Resolution adopted.

 

NO. 11 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, yes; Braden, yes; Nielson, yes; Sandham, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Kostka – no report.

Committeeman Braden - no report.

 

Committeewoman Nielson stated they revised the sewer rates in 2009.  I have not heard feedback.  I thought it would be prudent to look at it and see how we are doing.  Township Committee agreed.

 

Nielson stated they will have the Administrator’s review at next meeting. 

 

Nielson stated there was a conversation with Jon Alin, Board of Education, about what the town does and does not want to do.  One of the items was Turf the Valley – that the Township is not in favor of it.  I pulled the minutes from July 28, 2009, and the consensus of the Township Committee was to support Turf the Valley.  We should talk about it if our position changes.  If we need to revisit it, that is fine. 

 

Sandham stated what started out as an informal conversation turned out to be minutes being taken.  If we want to put this on as an agenda item we can.

 

Chairman Sandham reported there was a meeting between the Relay for Life Committee and Campagna Condos.  They have reached an agreement.  There is a letter from Campagna in your mailboxes. 

 

Sandham stated he had a conversation with a commissioner of the Towaco Fire Department about ways to save money.  He has submitted a document.  Sandham distributed the document for the Township Committee to review.

 

Nielson stated she would like an update on the Technology Committee and the Census Committee.

 

Sandham stated he is not sure the Technology Committee has been formed yet.  Sandham stated he thought these were ad-hoc committees.

 

Nielson asked who set up the Census Committee.  Clerk Atkinson stated she recommended the Census Committee.  Nielson stated she does not remember approving the names.  Nielson asked if it was reviewed by the Administrator.  Sandham stated they will review the names.

 

RESOLUTION NO. 2010-CES-022310B PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:  Property Acquisition – Changebridge Road extension.  Litigation – First Aid Squad; Stefanelli.  Contract negotiations – Blue Collar; PSE&G temporary right-of-way.

 

Motion:  Kostka.  Second:  Braden.  All in favor except Daughtry – absent.  Resolution adopted.

 

At 10:35 p.m. – Closed Session.  At 11:55 p.m. – Public Session.

 

Meeting adjourned at 11:55 p.m.  Motion:  Braden.  Second:  Kostka.  All in favor except Daughtry – absent.  Motion approved.

 

Respectfully submitted,

 

                                                                       

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 15 September 2010 )
 
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