MTC Meeting Minutes 03/23/10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, March 23, 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 (arrival 6:35 p.m.)

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

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-032310A 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: 

1.      Attorney-client privilege:  Municipal Court Judge

2.      Contract negotiations: Blue Collar; Banking Services; PSE&G

3.      Property Acquisition:  Marketplace; Changebridge Road extension; Dellechiaie; Open Space Grant Applications

4.      Personnel

5.      Litigation:  Democratic Club/Committee; First Aid Squad; PSE&G

 

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

 

At 6:30 p.m. – Closed Session.  Committeeman Daughtry arrived at 6:35 p.m.

 

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

 

Prayer and Pledge of Allegiance led by Committeewoman Nielson.

 

Chairman Sandham thanked the volunteers of the First Aid Squad and the Fire Departments and the Police Department and DPW for their responses to the emergency situations during the recent storms.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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

 

Ordinance is offered for re-introduction with second reading and new public hearing scheduled for April 13, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden. 

 

Discussion:  Martin Murphy, Township Attorney, stated some of the numbers were not correct. 

 

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:

 

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

 

Frank Bastone, Township Administrator explained the ordinance.  We have a new codebook.  We have reorganized the code, and it is now online.  It is an improvement to the existing code.  We need to re-adopt because there are new chapter numbers, etc.

 

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

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported on the vacation of a portion of the Bloomfield Avenue right-of-way requested by Lowe’s.  He referred to a drawing of the vacation.  Township Committee agreed – introduce ordinance.

 

Shared services – Bastone reported we have been approached by Boonton Township to use our jet-vac truck.  We propose $1,000 per day for the truck and two personnel.  Township Committee agreed.

 

Fees – Bastone reported Engineering now has tax maps available on cd-rom.  Would like to charge $75 per copy.  Township Committee agreed.

 

Community video – Bastone reported the voiceovers are tentatively scheduled for April 7 and 8.

 

Land Conservancy of NJ – Bastone reported they are ready to proceed with a geothermal heating/cooling system as per the lease amendment almost two years ago. 

 

Committeeman Braden is concerned that a geothermal system requires new electrical service.    Bastone stated they are paying for it.

 

Township Committee agreed go forward.

 

ATTORNEY:  Murphy reported on Assembly Bill No. 2555 regarding a revised library funding formula.  Senator Pennacchio has also pre-filed a bill addressing library referendums regarding dissolutions.  Will keep you posted as to where it goes.

 

FINANCE:  Frances Vanderhoof, Director of Finance, reported the sale of surplus vehicles and equipment will be on March 25.  Library vestibule project bids – April 28.  30-inch interceptor bids – April 6.

 

ENGINEER:  No report.

 

DISCUSSION ITEMS:

 

NO. 1 – PLAUSHA PARK WATER SYSTEM:  Bastone reported they have met and discussed concepts as to how to proceed.  It is recommended that we establish an improvement assessment and an ordinance for mandatory hook-up.  The homeowner would have the option of paying the assessment up front or over a period of not to exceed twenty years.  There are funding scenarios worked up by our Auditor.  We have to decide on the funding mechanism and then the Plausha Park people have to go back to their members to see if they want to do this.

 

Committeeman Kostka asked how similar projects were handled.  Bastone stated the town did a similar assessment on Woodhill Road. 

 

Murphy stated there are two ways to do an improvement:  The town can do it as a project and pay for the whole thing.  The other option is a local improvement, where only the people who will benefit from it pay for it.

 

Kostka asked can it be paid in quarterly installments like the taxes?  Murphy stated yes, but it has to be kept separate.

 

Tom Mazzaccaro, Water & Sewer Director, briefly explained the Woodhill project.  That project was through the MUA.  Suggests having a presentation/public hearing.

 

Bastone stated there are three funding scenarios.  Recommends scenario 1.  There would be no connection fee.  Approximately $14,311 per home. 

 

Mazzaccaro stated he would not recommend wells in that area – rock, etc. 

 

Glenn Marsnick, 7 Forest Place, Treasurer of Plausha Park Water Company, stated there are 61 families – 62 lots – one is vacant.  Estimate 26 of those residents are over 70 and retired.  Cost of $14,000 would be a hardship.  I don’t think they would accept that.  Some are barely getting by as it is.

 

Bastone stated we may be eligible for another community development grant if there is that number of senior citizens.  We will look into.  It would be a year from now for the next grant round.  Suggest moving along and making application next year.  Timeframe?

 

Mazzaccaro stated the design would be 8 to 10 weeks, then permits and bond ordinance.  Eight to 10 months at least.

 

The homeowner is responsible for the cost of the plumber unless we include that. 

 

Committeeman Daughtry stated he would like to see a plan if their pump goes down. 

 

Motion made by Braden proposing funding scenario 2.  20 years.  There is a public need.  Second:  Nielson.  Discussion:  Sandham stated if we do get the community development grant then that would come toward the Township piece.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

Schedule meeting with the Plausha Park members and Tom Mazzaccaro.  The Administrator and Attorney also attend.  Township Committee can attend if they wish.  Mazzaccaro and Bastone will set up the meeting date.

 

NO. 2 – 2010 MUNICIPAL BUDGET:  Sandham stated funding to the Township got cut in two ways this week:  Board of Education state funding cut up to 5% of their total budget - $3.2 million.  Municipal – we are losing $563,000 of funding. 

 

Bastone handed out a tax levy analysis.  Without the increase for cancelled reserves, looking at $1.2 million increase in the levy – 6.82%.  He listed what we need to do to get to that percent and the impact on the average home.  Listed available funds, layoffs, furloughs, and union issues.  The police furloughs have to be voluntary.  Listed union issues – raises. 

 

Sandham recommended having a meeting with the department heads and union representatives for ways to accomplish making up for the loss of state aid:  layoffs, furloughs, givebacks, etc. 

 

Bastone stated the levy cap is 4%.  The Governor signed two bills today regarding pension, etc.  It most affects new hires.  The major impact is all employees contribute 1.5% for health benefits, but there is no effective date of the legislation.  Daughtry stated he would like a report on these bills. 

 

Discussion 2009 reserves to be cancelled.  Bastone can use $175,000 of it (50% of the $350,000).  Cancellation of ordinances – use 1/3. 

 

Daughtry stated we want to get under 3%.  Sandham agreed.  Need to cut $700,000.

 

Nielson – pass.

 

Braden stated minimum increase, but still maintain the service the residents are used to and essential services, and do the best we can.  Can’t commit to a number yet.  Nielson agreed with Braden.

 

Kostka stated as long as we can hold the line.  Would like to hold the line on spending – freezing wages or potential layoffs.  It would be worse next year.  We have the opportunity to deliver to the taxpayers some relief. 

 

Sandham stated he wants to get under 3%.  If they can get to 2% or 1%, even better.  We have a list of different alternatives that we need to go through to determine what the final number actually has to be.

 

Daughtry stated get started by talking to the unions.  Bastone recommended having a meeting with all of the unions.  We need some concessions.

 

Township Committee consensus:  Go back to the unions with the fact we are looking at a 6.82% increase in the levy.  Looking at layoffs or furloughs unless there are concessions made. 

 

Bastone asked if they want Township Committee representation.  Township Committee agreed – yes.

 

NO. 3 – ENERGY AUDIT:  Bastone stated you have the four-page executive summary of the energy audit.  The major item is the library boiler controls.  There is also the potential of three buildings for solar energy.  The next step is to see what we want to build into the six-year capital plan.  I thought we could have the Long-Term Financial Planning Committee look at it. 

 

Sandham stated none of the items except the library would have any significant returns.  Send to LTFPC and look at solar scenario for sure.  Township Committee – ok.

 

Nielson asked do we want the sustainability committee to look at solar energy, but it needs to be driven by staff. 

 

Sandham stated the Environmental Commission did do a lot of work on this.  Can we ask them for their status on it and ask them to work with the sustainability committee?

 

Nielson stated ok, and will report back next meeting.  Township Committee – ok.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Truscha Quatrone, 4 Majorca Road, Towaco, asked for an explanation of the white collar salary ordinance.

 

Bastone explained the steps and when you get to step 7, there are no more step increases.

 

Quatrone asked if we can get the budget on a cd-rom.  Bastone answered no.  Quatrone stated so the only way to get a copy of the budget is on paper.  Bastone answered yes. 

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked changes to the library funding – would that be for the upcoming budget year?  Murphy stated it is just a bill at this point. 

 

Lefkowitz stated regarding the bids for the library vestibule project he looked over the minutes of the library for the last year.  He does not see where they approved that.

 

Lefkowitz stated at a recent public meeting of a board – after the meeting I thought there was a violation of the open public meetings act.  What can the Township do to prevent violations of the OPMA?  Is there an education that can go on for people on these committees?

 

Murphy stated there is a penalty for a violation of the Open Public Meetings Act.

 

Sandham asked should we distribute a summary of the OPMA to each board at the beginning of the year – determine which boards are subject to the OPMA and give them a copy of the statute.  Murphy stated we can do that.

 

Bastone stated the bid resolution – this is the result of a grant of $38,000 for the vestibule at the library.  In January, we executed an agreement with the library for the project. 

 

Sandham asked did the agreement have to be approved by the whole library board?  Murphy stated he will look into that.

 

Peter King, 1 White Oak Lane, Montville, Library Board Trustee, stated the library board did authorizing going out to bid.  We entered into a contract with the town.  That was approved. 

 

Nielson asked if the vestibule project was approved by the Library Board.  King stated as I understand, yes.  We approved it to go out to bid.

 

Sandham requested Mr. King send the minutes of when that was approved.

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-12 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ELIMINATING HEALTH BENEFITS FOR ELECTED OFFICIALS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for April 13, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-13 ESTABLISHING THE RATE OF COMPENSATION OF A SENIOR TAX CLERK OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for April 13, 2010, at 8 p.m.  Motion:  Braden.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA7:  Motion:  Daughtry.  Second:  Nielson.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:  Block 39.3, Lot 97, 33 Valhalla Road, G & J Duran, road opening $550.00.

 

CONSENT AGENDA ITEM B – RESOLUTION RELEASING NORMAN VACHON – BLOCK 33, LOT 37 – 85 TAYLORTOWN ROAD – FROM PERFORMANCE GUARANTEE:  Cash $1,110.00.

 

CONSENT AGENDA ITEM C – RESOLUTION PARTIALLY RELEASING A PERFORMANCE GUARANTEE, RELEASING A LETTER OF CREDIT, AND ACCEPTING CASH AS A SUBSTITUTE PERFORMANCE GUARANTEE FROM WILLIAM IELLIMO – BLOCK 82, LOT 8.01 – 30 CHANGEBRIDGE ROAD:

 

WHEREAS, William Iellimo, the developer of property known as Block 82, Lot 8.01 – 30 Changebridge Road) has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be partially released from liability under the Performance Guarantee being held by the Township; and

 

            WHEREAS, the Township Engineer has recommended a partial release of Performance Guarantee; and

 

            WHEREAS, the developer has requested to post additional cash in the amount of $4,519.92 which is to be added to the existing $1,864.08 for a total cash bond to remain on deposit for installation of sidewalks in the amount of $6,384.00; and

 

            WHEREAS, upon posting of the additional cash, the Performance Guarantee in the form of Letter of Credit #630059714 issued by Lakeland Bank in the amount of $16,776.72 can be released; and

 

            WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer.

 

            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 Performance Guarantee in the form of Letter of Credit #630059714 issued by Lakeland Bank in the amount of $16,776.72 shall be released; and be it further

 

            RESOLVED that the Performance Guarantee in the form of cash in the amount of $4,519.92 which is to be added to the existing $1,864.08 for a total cash bond to remain on deposit for installation of sidewalks in the amount of $6,384.00 shall be accepted.

 

CONSENT AGENDA ITEM D – RESOLUTION RELEASING JAMES PAGONIS – BLOCK 75, LOT 1 – CHESTNUT STREET – FROM PERFORMANCE GUARANTEE:  Cash $5,000.00.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND GARDEN HOMES MANAGEMENT, A MANAGEMENT COMPANY REPRESENTING RACHEL GARDENS APARTMENT COMPLEX:

 

WHEREAS, N.J.S.A. 40:66-1.3, et seq., provides in pertinent part that qualified multi-family dwellings are entitled to receive certain municipal services during local budget year 2002 and thereafter; and

           

WHEREAS, Garden Homes Management, a Management Company Representing Rachel Gardens Apartment Complex is a qualified multi-family dwelling complex, as defined under the Act and the Township is a municipality governed by the Act; and

           

WHEREAS, the Act further provides that in lieu of providing certain municipal services to the Apartment Complex, the Township may opt to financially reimburse the Private Community; and

           

WHEREAS, the Township and the Private Community have mutually and freely agreed to the providing and receiving of certain services as more fully described in an Agreement for Municipal Services between the Township of Montville and Garden Homes Management, a Management Company Representing Rachel Gardens Apartment Complex.

 

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 appropriate municipal officials are hereby authorized to execute an Agreement for Municipal Services between the Township of Montville and Garden Homes Management, a Management Company Representing Rachel Gardens Apartment Complex, in the form attached hereto.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING CONVEYANCES OF TEMPORARY CONSTRUCTION EASEMENTS IN CONJUNCTION WITH THE 30-INCH INTERCEPTOR IMPROVEMENT PROJECT:

 

WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire temporary construction easements; and

           

WHEREAS, the following individuals have offered to convey temporary construction easements over a portion of their properties:

RBR Investment Co., LLC                              Block 160.2, Lot 18

C&C Riverside % Wachovia Maher               Block 182, Lot 7

JDF Family Holdings                                       Block 160.2, Lot 23

Stanley Karczynski                                         Block 182, Lots 4 & 5 & Block 160.1, Lot 10

 

; and

            WHEREAS, each of these property owners have executed easements and have presented same to the Township for acceptance.

           

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 following temporary construction easements are hereby accepted:

 

RBR Investment Co., LLC                              Block 160.2, Lot 18

C&C Riverside % Wachovia Maher               Block 182, Lot 7

JDF Family Holdings                                       Block 160.2, Lot 23

Stanley Karczynski                                         Block 182, Lots 4 & 5 & Block 160.1, Lot 10

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – TIERRA PROPERTIES SUBDIVISION, BLOCK 139.06, LOTS 17 & 18:  Division of Water Quality.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2009 NEW JERSEY TRANSIT ELDERLY AND PERSONS WITH DISABILITIES CAPITAL ASSISTANCE PROGRAM APPLICATION:

 

WHEREAS, 2009 New Jersey Transit funds are available for the purchase of a vehicle and/or transportation related equipment; and

 

            Whereas, the Township of Montville provides transportation opportunities to the elderly and persons with disabilities through the Montville Township Dial-A-Ride program; and

 

            WHEREAS, the Township of Montville Dial-A-Ride program can be enhanced through the acquisition of an additional vehicle; and

 

WHEREAS, reduced revenues, with increasing demands on said revenues, increases challenges in procuring new equipment;

 

            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:

           

            The appropriate officials are hereby authorized, encouraged, and supported to submit the 2009 New Jersey Transit Elderly and Persons with Disabilities Capital Assistance Program Application.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2010 ASSOCIATION OF NEW JERSEY ENVIRONMENTAL COMMISSIONS (ANJEC) SMART GROWTH PLANNING ASSISTANCE GRANT PROGRAM APPLICATION – OPEN SPACE – TRAILS PLAN:

 

WHEREAS, 2010 ANJEC funds are available for Smart Growth Planning Purposes; and

 

            Whereas, the Township of Montville seeks to update the previous Open Space Element of the Master Plan; and

 

            WHEREAS, the Montville Township Environmental Commission enthusiastically supports to the submission of this application; and

 

WHEREAS, the Montville Township Open Space Committee voted unanimously to support the submission of this application;

 

            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:

           

            The appropriate officials are hereby authorized, encouraged, and supported to submit the 2010 ANJEC Smart Growth Planning Grant Program Application - Open Space-Trails Plan.

 

CONSENT AGENDA ITEM J – RESOLUTION ENDORSING THE FOURTH OF JULY COMMITTEE AND APPROVING OF FOURTH OF JULY EVENTS FROM 06/25/10 TO 06/27/10:

 

WHEREAS, there exists a Montville Township Fourth of July Committee; and

           

WHEREAS, the Township Committee endorses the Fourth of July Committee; and

           

WHEREAS, the Township Committee has been requested to approve of Fourth of July events from June 25 to June 27, 2010; and

           

WHEREAS, the Township Committee desires to authorize the Fourth of July events.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Township Committee hereby authorizes the Fourth of July events to be held between June 25, 2010 and June 27, 2010 on Township property.

 

CONSENT AGENDA ITEM K – RESOLUTION AUTHORIZING THE ISSUANCE OF TWO SOLICITOR’S PERMITS 2010:  Fouad Kojakal – Billy’s Ice Cream; and Sedat Yildiz – Mr. Sam’s Ice Cream.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE PREPARATION OF SPECIFICATIONS AND SOLICITATION OF BIDS FOR THE NEW VESTIBULE AT THE MONTVILLE TOWNSHIP PUBLIC LIBRARY PROJECT:  Resolution held.

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR PROFESSIONAL SERVICES WITH JOHNSON, MURPHY, HUBNER, WUBBENHORST, BUCCO & APPELT –

MARTIN F. MURPHY, TOWNSHIP ATTORNEY:  Township Attorney balance of 2010.  Not to exceed $117,747.00.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING CHANGE ORDER AND FINAL PAYMENT TO WM. STOTHOFF COMPANY FOR THE WELL NO. 2 REDEVELOPMENT PROJECT SUBJECT TO THE RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Wm. Stothoff Company is the contractor for the Well No. 2 Redevelopment Project; and

 

WHEREAS, it has been determined that changes to this Contract are necessary; and

 

            WHEREAS, Wm. Stothoff Company has submitted a Change Order for an increase to the original contract amount of $452.50 which is a summary/recapitulation of the variations in the quantities of the contract line items as actually encountered and completed; and

           

WHEREAS, the Water & Sewer Township Engineer has recommended the change order, that the Well No. 2 Redevelopment Project be accepted by the Township, and that final payments be made; and

           

WHEREAS, Wm. Stothoff Company is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

 

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 following change order is hereby approved:

 

                                    Original Contract:                    $73,900.00

                        Change Order #1:                          452.50

                        Adjusted Contract Amount:     $74,352.50

                        Increase on the Contract:                 0.6%

                                                                                                            ; and be it further

 

            RESOLVED that the Township of Montville accepts as final the Well No. 2 Redevelopment Project and releases to Wm. Stothoff Company final payment in full; and be it further

 

RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from Wm. Stothoff Company in a form approved by the Township Attorney and 2) receipt of an Affidavit from Wm. Stothoff Company as to release of all claims and liens.

 

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

 

NO. 4 – 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:  Nielson.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 5 – RESOLUTION URGING CONDITIONAL VETO OF S-82:

 

WHEREAS, Senate Bill S-82 proposes to eliminate the ‘time of decision’ rule and protect applicants from changes in municipal zoning as of the date of submittal of a development application; and

 

WHEREAS, Senate Bill S-82 has passed both the Senate and the General Assembly of the State of New Jersey; and

 

WHEREAS, this legislation, if it becomes law, would expose Montville to potential adverse development due to unforeseen consequences; and

 

WHEREAS, the Township of Montville has previously commenced a review of the Township Master Plan and related zoning ordinances; and

 

WHEREAS, the Township of Montville believes the Master Plan review process may require more than one year; and

 

WHEREAS, the proposed legislation, as drafted, would take effect one year following enactment; and

 

WHEREAS, more than one year will be necessary for affected municipalities to properly update Master Plans and zoning regulations; and

 

WHEREAS, the proposed legislation has been forwarded to the Governor for Executive consideration;

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE, that Governor Christie issue a conditional veto of S-82 and return the bill to the Speaker of the Assembly and President of the Senate requesting the legislation be amended to provide a minimum 2-year effective date following enactment to allow Montville and all affected municipalities sufficient time to update their respective Master Plans and zoning regulations, and

 

BE IT FURTHER RESOLVED, that a true copy of this resolution be sent to the Office of the Governor, Senate and Assembly Representatives from District 26, the Speaker of the General Assembly, President of the Senate, and the New Jersey State League of Municipalities.

 

Motion:  Nielson.  Second:  Braden.  Discussion:  Kostka asked what is the overall impact to the town?  Murphy stated with the present law there is no time limit as to when the Township can change a zone when an application is before a land use board.  This bill states that after an applicant has filed an application for development, nothing can be changed that would affect that application.  The filing date becomes the time of decision.

 

Sandham stated we are asking for a conditional veto to allow us more time to review our ordinances and master plan.

 

Nielson stated this item was discussed at the Planning Board, and it was suggested by the master plan subcommittee to ask the Governor to delay the signing so municipalities have the opportunity to get their ordinances in order so they are current.

 

Kostka stated on one hand it helps the municipality, but it does not help the developer who goes through the steps and has a project lined up on a parcel where it is permitted - we can stop him.  Nielson answered yes, that is the current law.

 

All in favor except Kostka – no.  Resolution adopted.

 

NO. 6 – 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 $1,150 be made between the 2009 Budget Appropriation Reserves as follows:

 

                                                            FROM                              TO

Traffic Lights                                       $1,150

 

Board of Adjustment, OE                                                           $100

Engineering, Storm Water Mgt.                                              $1,050                                                                                                                                                 $1,150

 

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

 

COMMITTEE REPORTS:

 

Committeewoman Nielson – No report.

 

Committeeman Braden – April 30 is the start of the annual Michelle Fund Softball Tournament.  Hopefully the first pitch will be thrown by the Governor – we are working on our security.

 

May 1 is the Environmental Commission’s computer recycling, shredding, and bicycle collection day.

 

Rockaway River – they do stream monitoring.  They do monitor Crooked Brook.  Would urge us to pay the annual dues to them.

 

Committeeman Daughtry – Gene Fyle is looking into the issue of BPU & FIOS. 

 

Historic Preservation Review Commission – they want tax maps, and they don’t have the money.

 

Anthony Barile, Township Engineer, stated that is through the Engineering Department.  We get reimbursed by all of the departments that get them from us. 

 

Is it possible to get them a copy of the cd gratis?  Barile answered yes.

 

Daughtry stated there was a discussion about nature walks.  You will probably be hearing from the Chairman, Mike O’Brien.  Sandham stated HPRC should be talking to Open Space.  Daughtry stated John Visco, Planning Board member, was there, and they are putting it into the master plan.

 

Daughtry stated the Board of Education’s tech person is on board with the Technology Committee.

 

Committeeman Kostka – The Long-Term Financial Planning Committee – can Mr. Bastone and Mr. Mazzaccaro attend the meeting?  Bastone replied they will attend.

 

Murphy thanked the Township Committee for the renewal of his contract for the balance of the year.  He will get them copies of his computer printout for the time.

 

Chairman Sandham – The Key Club’s Volleyball Marathon was Friday night.  They raised $6,000 for charity. 

 

RESOLUTION NO. 2010-CES-032310B 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: 

1.      Contract negotiations:  PSE&G

2.      Property Acquisition:  Dellechiaie; Open Space Grant Applications

3.      Personnel

4.      Litigation:  First Aid Squad; PSE&G; Stefanelli

 

Motion:  Daughtry.  Second:  Kostka.  All in favor.  Motion approved.

 

Closed Session at 10:20 p.m.  Public Session at 11:09 p.m.

 

Meeting adjourned at 11:09 p.m.  Motion:  Braden.  Second:  Kostka.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 15 September 2010 )
 
< Prev   Next >
Joomla School Template by Joomlashack