MTC Meeting Minutes 03/09/10 Print E-mail

 Montville Township Committee Regular Meeting

Tuesday, March 9, 2010, 6:30 p.m.

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

 

6:30 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 Art Daughtry

Committeeman Don Kostka

                        Committeewoman Deborah Nielson

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Robert Oostdyk, Township Attorney (arrival 7 p.m.)

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-030910A 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:  Attorney-Client privilege – Township Attorney; Municipal Judge.  Personnel.  Property acquisition – Marketplace; Changebridge Road extension; Changebridge @ Montville.  Contract negotiations – PSE&G temporary access.  Litigation – First Aid Squad; Democratic Club/Committee.

 

Motion:  Nielson.  Second:  Daughtry.  All in favor.  Resolution adopted.

 

At 6:30 p.m. – Closed Session.  At 8:10 p.m. – Public Session.

 

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

 

Prayer led by Committeeman Daughtry.

 

Flag Salute, Pledge of Allegiance, and singing of The Star Spangled Banner led by the Girl Scouts. 

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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):

 

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

 

Motion to adopt ordinance:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Ordinance adopted.

 

NO. 2 – ORDINANCE NO. 2010-09 REFUNDING BOND ORDINANCE 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:

 

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

Motion to adopt ordinance:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Ordinance adopted.

 

PRESENTATION WASTE WATER MANAGEMENT PLAN:  Presentation by Tom Mazzaccaro, Water & Sewer Director; Bill Ryden, Water & Sewer Engineer; and Virginia Michelen of Morris County Department of Planning & Development.  Power Point presentation.  The document is available online at morrisplanning.org – wastewater management plan.

 

Michelen stated they have submitted the plan to the NJDEP for their review.  They are hoping to get the plan adopted in 2011.  If the Township Committee has any comments or questions on the plan, let her know.

 

Ryden displayed the build-out analysis.  Committeewoman Nielson asked if there is excess capacity available.  As you know, the Planning Board is undergoing a study/revision of the master plan.  Ryden stated capacity is tight; but there may be a way to get additional capacity from other towns if they need less, etc.  Nielson asked if this will override existing zoning.  Michelen answered they are working with the DEP on how to address these issues.  Nielson asked if affected property owners have been notified.  Virginia answered not by mail, but it has been in the newspapers, etc.  There are ways for property owners to get back into the sewer service area. 

 

Nielson asked about the potential of facilities on open space properties.  Michelen stated the DEP has told us if a municipality wants to have facilities, let us know and we will put it on the plan.  Nielson stated she would ask that the Metro tract and the Starkey property be included for facilities.

 

Sandham asked Nielson if this has been brought up in the master plan review.  Nielson replied no, we have only been looking at the corridors. 

 

Mazzaccaro stated he believes Linda White is going to be presenting this to the master plan subcommittee this week. 

 

DISCUSSION ITEMS:

 

NO. 2 – OPEN SPACE TAX LEVY:  Rich Conklin, Vice-Chairman of the Open Space Committee stated they have their contingent here from the committee.  Maritiza Byrne, Chairperson, did send a letter, and we support that letter 100%.  It is now a buyer’s market.  We need to have funds here to get back some of our monies back from the County that we send to them.  We need to have funds for the matching grants.  I encourage you on behalf of the board to support us and follow through with that.

 

John Misiewicz, 8A Bellows Lane, Towaco, stated they are here to ask you to approve what they submitted.  It is a great opportunity to acquire land.

 

Doc Purnell, 17 Dahl Drive, Montville, stated if voters have the opportunity to increase their taxes, the vast majority of the time they would vote it down.  Montville Township taxpayers have voted three times to increase the levy for open space.  What we are asking is that you increase the levy to the full 2% because the voters voted on it and now is the time we can purchase properties at reduced rates.  You look around at the open space that was preserved in town, and we can preserve even more.  We ask you to help us as well as the Township citizens to preserve even more open space.  Ten years from now, I don’t think there is going to any open space left. 

 

Sandham stated we have an open space trust fund right now.  The current levy – we are allowed to go to 7 cents.  We are at 5.9 cents.  If we do nothing, it is positive for the next ten years.  But if we start purchasing, it would go into a deficit position.  Morris County has proposed to cut their tax by 1 cent.  The Township Committee can increase their tax ½ cents for a total of 6.4 cents.  Does anyone want to put forth a motion to do that?  No motion brought forward.

 

NO. 4 – TURF THE VALLEY:  Frank Bastone, Township Administrator, he was asked to put this on the agenda to confirm our position on Turf the Valley.  Sandham stated the last time we talked about it, we voted yes to participate – July 2009.  We then went through a capital plan review.  The Township is putting away funds for maintenance of turf fields.  The question comes back – does the Township Committee want to support Turf the Valley.

 

Committeeman Braden stated my recollection is that we responded to the TTV Committee to get a commitment from the Board of Education and then come back to us.

Committeeman Daughtry agreed.  It is not set in stone, but we have always partnered with groups that raise funds. 

 

NO. 6 – KIWANIS FOOD PANTRY:  Joe O’Dowd stated Kiwanis is embarking on a project they feel needs to be done.  One reason is the move of local assistance to the County.  The plan has been submitted to you.  The only thing left is securing a site.  I spoke to John Wozniak, Health Officer, today, so we have an idea of what we have to do.  We have a marketing plan.  We don’t need any money.  We have a plan for Camp Dawson, and we need approval.  Also, simultaneously, we would like to begin a food delivery service.  This food pantry would be solely for Montville residents.  The items are strictly nonperishable at this time.

 

Motion to support the Kiwanis Club’s effort to provide a food pantry for the residents of Montville Township at Camp Dawson in the building they identified at Camp Dawson.  Daughtry.  Second:  Kostka.  All in favor.  Motion approved.

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported he received communication from CGI.  They need a schedule for shooting the videos.  Need narrators for each of the six videos.  Thought each of the Township Committee members could do one, and then the BOE or the Chamber of Commerce.  Bastone will e-mail the Township Committee the dates, and they will let him know.

 

ATTORNEY:  Robert Oostdyk, Township Attorney, reported the Ptaszek case was reversed by the court on Friday.  The soil movement permit was granted by the court with their own conditions based on reports from the Township professionals. 

 

Daughtry stated he has been speaking to Mr. Murphy on health benefits.  Oostdyk stated he has been asked about a referendum.  It could be a referendum, but that is an ordinance and it can be changed by the Township Committee.

 

Motion made by Daughtry:  Eliminate health, dental, and vision for elected officials with two conditions:  if carrying as of February 1, has time to secure new on June 1.  Also, would like verbiage:  future reinstatement can only be put forth in the form of a referendum.  Second:  Nielson.  Roll call vote – Daughtry, yes; Kostka, yes; Braden, yes; Nielson, yes; Sandham, yes.  Motion approved.  Follow up with an ordinance.

 

FINANCE:  No report.

 

ENGINEER:  Anthony Barile, Township Engineer, reported they received reimbursement from the NJDOT for $175,000 for the Hook Mountain Road project.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Jeff Weinflash, 51 Stony Brook Road, Montville, Valhalla Civic Association, asked if there is anything to discuss about an appeal (Ptaszek).  Oostdyk stated they need to talk about it in closed session. 

 

Weinflash stated they ask the Township Committee to contact the building department about the sequence of construction.  I don’t know what kind of procedure would take place to make the building department and engineer aware of the sequence of construction.  It is very complex.  We would like them to advise you and the zoning board. 

 

Sandham stated your point will be communicated as noted.  We will discuss in closed session with legal counsel. 

 

Bob Marieniss asked that the Township Committee consider carefully what is really right.  He reiterated the concern and safety issues. 

 

Frank McNally, 19 Rockledge Road, Montville, asked that the Township Committee looks at it as closely as possible. 

 

Hearing no further comments, Chairman Sandham closed the public portion:  Motion:  Daughtry.  Second:  Nielson.  All in favor.  Motion approved.

 

DISCUSSION ITEMS:

 

NO. 1 – MUNICIPAL BUDGET 2010:  Bastone stated he updated the budget for the outsourcing of the police vehicle maintenance and the surplus.  Still waiting on state aid.

Cancellation of capital ordinances – suggest go down the list and see what we want to maintain. 

We have the anticipated library contribution and the $350,000.  We stand at 1.49% not knowing state aid.

 

Capital ordinances – Township Committee reviewed and prioritized potential cancellation of the following:  A - Sidewalk construction Changebridge Road $12,500; A – Museum – cancel but  save $50,000 of the $171,000; Metro Park is in the six-year capital plan; C - Manchester tennis courts; A - Church Lane bridge; Changebridge Road extension – stay; A - municipal building carpeting; C - Lake Montowac; A - Veteran’s Plaza; A - litigation field #4; A - equipment for fields; Hatfield Creek – stay; A - Brook Valley Road; A - Stiles Lane; A - 102 Changebridge Road.

 

Bastone will do a spreadsheet of the three columns – A’s, C’s, and hold. 

 

March 16 is the target date for state aid.

 

PERSONNEL MANUAL:  Bastone reported they review the personnel manual every two years.  There are recommended updates.  If approved, would draft an ordinance.

 

Committeeman Kostka asked regarding retroactive pay – does a new hire get stepped up?  Bastone answered yes, if they are working without a contract. 

 

Kostka asked about #80 – intellectual property – that becomes the Township’s?  Bastone replied yes. 

 

Township Committee all agreed introduce an ordinance.

 

NO. 5 – EVERY DROP COUNTS:  Sandham stated they have a proposal from the Board of Education.  They are asking for participation from the town.  The BOE feels if the Township participates it has a better chance of surviving their budget. 

 

Nielson stated the sustainability committee met and it was discussed that this project was suitable for a grant.  Karen Cortellino is on the committee.  It would be a joint grant submission by the BOE and the Township.  It will be discussed by the Environmental Commission in March.  Typically, the applications get submitted in May.  The feeling in January is that it was a good idea.  I don’t know how we can endorse services without knowing our state aid, but can endorse as a grant application.  Township Committee agreed.

 

Daughtry stated he would take it one step further and make the BOE come up with the money and then we will.  He has no problem endorsing the grant application.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-10 ESTABLISHING SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS FOR THE YEARS 2009 – 2012:  White Collar.

 

Bastone stated this is for the white collar for the years 2009 – 2012.  3% increase per year.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 23, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, no; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-11 AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 23, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA6:  Motion:  Braden.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING TAX REFUNDS 2010 – DUPLICATE PAYMENTS:

 

WHEREAS, due to duplicate payments received creating an overpayment of tax for the year 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 52 Lot 33 Qualifier C024A

33 Louis Dr                                                                                                                            

Huang, Zili & Li LI                                                        2009                $3,221.15

 

Block 52.2 Lot 14

59 River Rd                                                                                                                            

OCWEN Loan Servicing                                             2010                $  288.93

 

CONSENT AGENDA ITEM B – RESOLUTIONS (2) AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATES:

 

WHEREAS, Certificate of Sale #09-00014 was issued to Montville Township for delinquent taxes on Block 52 Lot 33 Qualifier C100A (9 Tiffany Ct), at a tax sale held on December 03, 2009; and

 

            WHEREAS, the assessed owner, Sandow, Lawrence R has redeemed Certificate #09-00014 by paying the full amount of the delinquency.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale #09-00014 for cancellation.

 

WHEREAS, Certificate of Sale #09-00017 was issued to Montville Township for delinquent taxes on Block 52.2 Lot 14 (59 River Rd), at a tax sale held on December 03, 2009; and

 

            WHEREAS, OCWEN Loan Servicing, on behalf of the assessed owner, Salemi, Eugene has redeemed Certificate #09-00017 by paying the full amount of the delinquency.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale #09-00017 for cancellation.

 

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 124.9  Lot 10.4

138 Old Changebridge Rd

Lien Redemption Certificate #09-00034                                             $  594.74

To: J.N. Properties

 

Block 52  Lot 40

29 River Road

Lien Redemption Certificate #09-00016                                             $  468.44

To: Palmisano, Robert or Nancy

 

Block 76  Lot 8 Qualifier C006A

32 Helton Terrace

Lien Redemption Certificate #09-00022                                             $7,778.27

To: J.N. Properties

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE RELEASE OF WAREHOUSE SALE SIGN CASH BOND TO EINSTEIN MOOMJY, INC.:  $180.00 cash released.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY OF THE TOWNSHIP OF MONTVILLE PURSUANT TO N.J.S.A. 40A:11-36:

 

WHEREAS, the Township Committee of the Township of Montville has determined that the attached described items of surplus property of the Township of Montville, County of Morris and State of New Jersey is no longer needed for public use; and

 

            WHEREAS, the Township Committee of the Township of Montville has determined to provide for the sale of such property at public sale pursuant to N. J. S. A. 40A11-36.

 

            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. Sealed proposals for the sale of the vehicles and items described on the attached hereto shall be received at the Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey 07045, on Thursday, March 25, 2010 at 11:00AM, local prevailing time.
  2. All bidders shall comply with the Notice to Bidders, and Terms and conditions of the sale.
  3. All sales are to be made to the highest bidder for payment in the form of certified check or cash in the amount of the bid accepted, to be paid to the Director of Finance within ten (10) working days of the day of sale, at the time of delivery from the Township to the purchaser thereof.  Each vehicle or item shall be removed by the purchaser as provided in the Notice to Bidders and Terms and Conditions of Sale.
  4. The Township reserves the right to reject any and all bids.
  5. All items shall be purchased on an “as is” basis, and the Township makes no warranties, express or implied as to the item’s description, quality, fitness or otherwise.
  6. Moneys received from the sale of any such property shall be paid into the General Municipal Treasury and/ or the Water/Sewer Department.
  7. The Director of Finance is authorized to advertise a Notice of Sale in the Daily Record, said sale being not less than seven (7) nor more than fourteen (15) days after publication of the Notice.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE STATE OF NEW JERSEY COMMISSIONER OF TRANSPORTATION:

 

WHEREAS, the State of New Jersey Commissioner of Transportation has forwarded an agreement concerning the relocation of existing water and sewer facilities to the Township of Montville (Route 159 over Passaic River); and

           

WHEREAS, the Township Committee finds that it would be in the best interest of the Township of Montville to enter in to this Agreement.

           

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 James Sandham, Jr., Mayor, is hereby authorized to execute an agreement with the State of New Jersey Commissioner of Transportation concerning the relocation of existing water and sewer facilities in the form attached hereto.

 

CONSENT AGENDA ITEM G - RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR SUPPLEMENTAL 2010 MUNICIPAL ALLIANCE PROGRAM GRANT FUNDS TO THE COUNTY OF MORRIS:

            WHEREAS, supplemental funds are available for 2010 Municipal Alliance activities through the County of Morris; and

 

            WHEREAS, the supplemental funding of $2,500 requires a 50% cash match of $1,250 from the Township of Montville;

 

            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 Committee of the Township of Montville supports the 2010 Supplemental Application for $2,500 to be utilized as follows: $1,250 for REACH (Responsible Educated Adolescents Can Help), and $1,250 for Moving Ahead Program.

2.      The Township Committee of the Township of Montville herein commits to the provision of a $1,250 cash match from the 2010 operating budget for the supplemental funding, to be allocated as follows: $625 for REACH (Responsible Adolescents Can Help), and $625 for Moving Ahead Program.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO:

 

            WHEREAS the Township of Montville and Morris Council No. 6, NJCSA, IFPTE, AFL-CIO have engaged in collective bargaining pursuant to N.J.S.A. 34:13A-1 et. seq.; and

           

WHEREAS, the Township of Montville desires to enter into a Collective Bargaining Agreement with Morris Council No. 6, NJCSA, IFPTE, AFL-CIO for the years 2009, 2010, and 2011, and 2012;

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Mayor be and is hereby authorized to sign the Collective Bargaining Agreement with Morris Council No. 6, NJCSA, IFPTE, AFL-CIO, contingent upon ratification of the same terms by that bargaining unit.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE PERSON-TO-PERSON AND PLACE-TO-PLACE TRANSFER OF LIQUOR LICENSE FROM 29-41 ROUTE, INC. TO RAILS STEAKHOUSE, LLC (INACTIVE):

 

WHEREAS, an application has been filed for a Person-to-Person and Place-to-Place Transfer of Plenary Retail Consumption w/Broad Package Privilege License Number 1421-32-016-008, heretofore issued to 29-41 Route, Inc. (inactive) with a mailing address of 5 Morris Avenue, Montville, for premises located (inactive) at 8-10 Whitehall Road, Towaco, New Jersey; and

 

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

 

WHEREAS, the applicant is qualified to be licensed according to all standard established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

 

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

           

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, does hereby approve, effective March 9, 2010, the transfer of the aforesaid Plenary Retail Consumption License w/Broad Package Privilege to Rails Steakhouse, LLC, and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows:  “This license, subject to all its terms and conditions, is hereby transferred to Rails Steakhouse, LLC, for premises located at 8-10 Whitehall Road, Towaco, New Jersey, effective March 9, 2010.”

 

James Stathis, applicant, and his attorney, Robert Williams, present.  This is a transfer to 8-10 Whitehall Road.  They have final state tax clearance.

 

Motion:  Daughtry.  Second:  Nielson.  Discussion:  Nielson stated for the record, there is no site plan approval or site plan pending for this particular parcel.  Does it run with the land?

 

Oostdyk stated the State does allow for a place-to-place transfer for a location in the process of development.  If the final approval by the land use board deviates from what we are seeing now, they will have to be back to get approval.

 

Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

NO. 2 - RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT TO EXCEED $10,590,000 REFUNDING BONDS, CONSISTING OF NOT TO EXCEED $2,300,000 GENERAL IMPROVEMENT REFUNDING BONDS, NOT TO EXCEED $620,000 WATER UTILITY REFUNDING BONDS, NOT TO EXCEED $2,430,000 SEWER UTILITY REFUNDING BONDS AND NOT TO EXCEED $5,240,000 OPEN SPACE REFUNDING BONDS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY OR SUCH OTHER AMOUNT AS DETERMINED BY THE CHIEF FINANCIAL OFFICER TO ACCOMPLISH THE REFUNDING ON THE TERMS APPROVED BY THE LOCAL FINANCE BOARD CONSISTENT WITH THE REFUNDING PROVISIONS OF THE INTERNAL REVENUE CODE AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS TO RBC CAPITAL MARKETS:

 

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

 

NO. 3 – RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ENTEC ENGINEERING AND TECHNICAL RESOURCES, INC.:  Hatfield Creek stream cleaning/bank enhancement.  Not to exceed $3,073.20.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS:

 

WHEREAS, various 2009 bills have been presented for payment this year, which bills were not covered and/or recorded at the time of transfers between the Budget Appropriations in the last two months of 2009; and

 

            WHEREAS, N. J. S. 40A-4-49 provides that all unexpended balances carried forward after the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that the transfer in the amount of $33,000 be made between the 2009 Budget Appropriation Reserves as follows:

 

                                                            FROM                              TO

 

Health Dept. S & W                            $15,000

Youth Services S & W                            7,000

Senior Services S & W                           6,000

Recreation S & W                                   5,000

                                                            $33,000

 

Roads, Snow & Ice                                                                 $31,000

Misc. Litigation                                                                             2,000

                                                                                                $33,000

 

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

 

NO. 5 – RESOLUTION REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR SNOW REMOVAL, PURSUANT TO P.L. 2001, C. 138:

 

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a Dedication by Rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

 

            WHEREAS, P. L. 2001 c. 138 permits municipalities to lapse unexpended balances budgeted annually for snow removal; and

 

            WHEREAS, N. J. S. A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider;

 

            NOW, THEREFORE BE IT RESOLVED, by the governing body of the Township of Montville, County of Morris, State of New Jersey as follows:

The governing body hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for Snow Removal created in accordance with the provisions of P. L. 2001, c138 as per N. J. S. A. 40A:4-39; and

 

The Municipal Clerk of the Township of Montville is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

 

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

 

NO. 6 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES REGULAR MEETING OCTOBER 27, 2009:  Motion:  Daughtry.  Second:  Nielson.  Roll call vote – Daughtry, yes; Kostka, abstain; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 7 – 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:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, abstain; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

APPOINTMENT OF LEIGH WITTY TO THE OPEN SPACE COMMITTEE:  Unexpired one year term ending December 31, 2010.  Motion:  Sandham.  Second:  Daughtry.  All in favor.  Motion approved.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry reported Montville Township challenging Verizon is going forward.  Verizon has literally taken us back to where we were a year ago.  Do we want to pursue this if it is going nowhere?

 

Technology Committee – Daughtry stated he has been in contact with Robert Lefkowitz and Bob Perkins.  The Township Committee has to appoint to the committee.  I did contact Jeff Rose and John Kroll, who have technical expertise.  They are both interested in the committee. 

 

Motion to appoint to the Technology Committee:  Art Daughtry, Chairperson; Robert Lefkowitz; John Kroll; Jeff Rose; and Bob Perkins.  Second:  Kostka.  All in favor.  Motion approved.

 

Daughtry stated there are issues with speeders on Whitehall Road.  Bill Manicone spoke to Chris Vitz at the County.  They are still considering making it one lane and parking.  Tony Barile to check where the County is with that and respond to Bill Manicone.

 

Committeeman Kostka – no report.

 

Committeewoman Nielson asked if the potential cell tower issue was brought to the Library Board.  It was not brought to the Library Board yet.  The Township Committee directed Mr. Bastone to contact the Library Director, Allen Kleiman.

 

Nielson stated they talked about the canceling capital ordinances – are there any ordinances like this in water and sewer?  Bastone stated yes, but not nearly to the degrees as the general capital ordinances.  He will take a look at and list them for either next meeting or at the April meeting.

 

Committeeman Braden stated the Environmental Commission has requested minutes from open space.  Who is the Open Space Committee liaison?  Sandham stated I thought we changed the ordinance at one of these prior meetings that open space has a liaison and an alternate.  My understanding is that Mr. Kostka is an alternate liaison, and he is certainly welcome to attend every meeting.  Sandham is the liaison.  Braden requested that the open space minutes be given to the Environmental Commission.

 

Chairman Sandham stated there is a request from lacrosse for netting.  Bastone stated that is not ready to come to the Township Committee.

 

Last week there was a meeting of the DCA with the acting commissioner.  There is a new attitude down there.  If we have an issue, we should not be afraid to call the higher levels of the DCA. 

 

RESOLUTION NO. 2010-CES-030910B 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:  Litigation – First Aid Squad; Ptaszek.  Personnel.

Motion:  Daughtry.  Second:  Nielson.  All in favor.  Resolution adopted.

 

At 10:30 p.m. – Closed Session.  At 11:22 p.m. – Public Session.

 

Meeting adjourned at 11:22 p.m.  Motion:  Daughtry.  Second:  Braden.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 15 September 2010 )
 
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