MTC Meeting Minutes 04/13/10 Print E-mail

 Montville Township Committee Regular Meeting

Tuesday, April 13, 2010, 7:00 p.m.

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

 

7:00 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

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Absent:            Committeewoman Deborah Nielson

 

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-041310A 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:  Blue Collar; White Collar; PBA; SOA

2.      Personnel

3.      Property acquisition:  Marketplace

4.      Contract negotiations:  PSE&G

5.      Litigation:  First Aid Squad; Bonnieview; Ptaszek

 

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

 

At 7:00 p.m. – Closed Session.  At 8:00 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 Kostka.

 

PRESENTATION OF ARBOR DAY PROCLAMATION TO THE WOMEN’S CLUB AND THE ENVIRONMENTAL COMMISSION.

 

PRESENTATION OF AMERICAN FLAG TO THE TOWNSHIP.  United States Armed Forces American Flag that flew over Iraq presented by the Women’s Club.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPOINTING JOSEPH E. DEMING AS MUNICIPAL COURT JUDGE:

 

WHEREAS, there is a vacancy in the office of Municipal Court Judge as of May 1, 2010; and

           

WHEREAS, pursuant to N.J.S.A. 2B:12-4 it is necessary to appoint a Municipal Court Judge for an unexpired three-year term ending December 31, 2011; and

           

WHEREAS, Joseph E. Deming, Esq. having the necessary qualifications as set forth in N.J.S.A. 2B:12-7, has agreed to serve as Municipal Court Judge.

           

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 Joseph E. Deming, Esq. is hereby appointed as Municipal Court Judge for an unexpired three-year term ending December 31, 2011 effective May 1, 2010.

 

Motion:  Daughtry.  Second:  Braden.  Sandham stated Mr. Deming has been an attorney for over thirty years.  He was the prosecutor in Totowa.  Resident for over 12 years.

 

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

 

Joseph Deming present.  He thanked the Township Committee for the confidence in selecting him.  He has the skill-set as an attorney and the motivation to get involved in a different way in Montville.  I have been involved in the community before.  Thank you.

 

Sandham stated our current Judge, Seth Davenport, will stay on until May 1.  He regretfully resigned the position as of the end of April.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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.

 

Chairman Sandham opened the public hearing.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated at the last meeting there was discussion about the unions and givebacks.  Have you had those discussions? 

 

Frank Bastone, Township Administrator, stated yes, but it is confidential.

 

Quatrone asked how many people would potentially have to lose their jobs to come up to the $300,000? 

 

Sandham stated it is a moving number.  We found other cuts as well.  We don’t know if there will be concessions.  As of last week, 12 people were given Rice notices.

 

Ed Larson stated he heard about the layoffs.  Some of these people are very hardworking.  Certain officials in this town we don’t need.  Why can’t you share this with other towns?

 

Lucy DeFao, 17 Weiss Drive, Towaco, asked what are the top white collar salaries?

 

Larry D’Oench, 20 Stoney Brook Road, Montville, asked aren’t layoffs and concessions impacted by this ordinance?

 

Scott Gallopo, 9 Nelson Lane, Towaco, stated by passing this ordinance can it be viewed as something that can’t be pulled back?

 

Bastone stated the building inspector salary is $77,000, computer technician is $69,508, and assistant tax assessor is $69,508. 

 

Sandham stated this ordinance is adopting a contract that was agreed upon.  For me, I am not going to go back on my word.  That is why this is up for adoption now.

 

Gallopo stated you negotiated the contract.  Things have changed.  I think that might override.  I would hope that both sides would agree that there might be people getting laid off instead of the raises.

 

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

 

Motion to adopt ordinance:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, absent; Braden, yes; Sandham, yes.  Ordinance adopted.

 

NO. 2 – ORDINANCE NO. 2010-12 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ELIMINATING HEALTH BENEFITS FOR ELECTED OFFICIALS:

 

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

 

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

 

NO. 3 – 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:

 

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

 

Motion to adopt ordinance:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, absent; Braden, yes; Sandham, yes.  Ordinance adopted.

 

RESOLUTIONS:

 

NO. 6 – RESOLUTION AUTHORIZING THE PREPARATION OF SPECIFICATIONS AND SOLICITATION OF BIDS FOR THE NEW VESTIBULE AT THE MONTVILLE TOWNSHIP PUBLIC LIBRARY:  Hold.  Sandham stated this will not be on the agenda tonight.

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported on Milan Restaurant.  Linda White, Land Use Administrator, reported on this at the last Planning Board meeting.  The applicant was relying on existing nonconforming site plan conditions.  Planning Board professionals voiced concerns that a better layout can be achieved without the existing building.  It is being reviewed by the Engineer and the professionals.  As to soil erosion, it is outside the purview of the department, and it is being addressed by the Township Engineer.

 

SEM energy meeting – they are preparing to go out to bid on electric at the end of the month.

 

ATTORNEY:  No report.

 

FINANCE:  Frances Vanderhoof, Director of Finance, reported on the rollover of the sewer bond anticipation note.  Received four bids.  Awarded to Valley National Bank - .98%.

 

ENGINEER:  Anthony Barile, Township Engineer, reported Whitehall Road is scheduled to be paved by the County beginning April 19.  County project new drainage system Route 202/Whitehall Road trestle – scheduled to take place in May.

 

Hatfield Creek project – ran into another stumbling block with the DEP regarding endangered species.  May want to think about getting Senator Pennacchio involved. 

 

Vreeland Avenue paving project – preparing for this project.  Have been in discussion with the Holiday @ Montville project.  For DOT grant funds there can be no road openings in five years.  We are talking to the developer to have utility connections done even though he does not yet have site plan approval. 

 

Sandham asked the Administrator to put the two County projects on the website.

 

COMMITTEE REPORTS:

 

Chairman Sandham reported he attended the Pine Brook Jewish Center’s service in remembrance of those lost in the Holocaust.  There were 11 million people lost.

 

Congressman Frelinghuysen is having a military academy night at the high school on May 3.

 

Lindsay Danilak, one of our residents, has been accepted into West Point this year.

 

DISCUSSION ITEMS:

 

NO. 1 – 2010 MUNICIPAL BUDGET:  Bastone reported on the two main budget issues:  the decrease in surplus of approximately $900,000 and the loss of state aid in excess of $500,000.  Due to that, we encounter a severe problem with the tax levy.  It would be a 6.28% increase.  We have been working diligently to bring that down to a reasonable level.  We have come up with a number of scenarios.  We have taken a look at the ability to cancel old ordinances.  We have looked at averaging out the reserve budget over three years.  The combination of those two items gives us the ability to come up with $654,000 of the approximate $880,000 – the goal to get the levy increase to 1.75%.  The difference is approximately $237,000.  We have looked at reduction in personnel to make up that difference.  We have a variety of scenarios to accomplish that.  One of them requires concessions from the unions.  One of the things we can do does not require concessions – reduction in personnel.  We met with the unions.  We have a layoff plan on the table this evening for a July 1 effective date.  We will continue to work with the unions to see if there are any concessions.

 

Sandham stated we are going to open it up to the public.  We take the budget very seriously.  We have been working on this since December.  We have made a number of cuts in other areas.  We want to get Montville Day and 4th of July self-sustaining.  Five years ago Montville Day cost this Township $45,000.  This past year we got that cost to under $10,000.  We no longer provide the food for free.  This year the rides will probably not be free. 

 

4th of July Committee – they have proposed to eliminate the parade and have a target of reducing the cost by 50% this year and will look at other ways to reduce costs in future years.

 

We have been studious and recognize that residents don’t want an increase in taxes.  We have eliminated positions in town hall and one police officer on a net basis.  We cut legal fees.  Reduced funding for the Montville Messenger, the First Aid Squad, eliminated the Every Drop Counts program.  No one on this dais wanted to eliminate those programs.

 

Chairman Sandham opened the public portion.

 

Christina Renfer, 10 Waughaw Road, Towaco, asked how much is Burgis (planner) making on the second master plan on Route 202 when the Towaco master plan was approved and never acted on.  Maybe that can save some jobs.

 

Sandham stated we will take all the questions and address them when we are done. 

 

Kathleen Walter, Forest Place, asked what is the cost for Montville Day, the Jazz Festival, and the 4th of July?

 

Thomas Mooney, President PBA Local 140, spoke about the police layoffs.  We have been talking with the Administrator and the Township Committee along with their Attorney.  These talks will continue as we have a meeting scheduled for next week.  The goal of the PBA is to explore all options available to the taxpayers to save money so it does not affect safety and security.  Unfortunately, it does not appear that this town council shares this goal.  For two months, the Township was proposing to layoff two officers if the PBA didn’t take six voluntary furloughs.  Then during a meeting on March 29, the town council stated it would be laying off 2 to 7 officers if the PBA didn’t take a pay freeze, contribute 1.5% to health insurance, and an increased number of furloughs.  The Township Committee gave the PBA ten days to respond to decide on a matter of this magnitude.  At no point have they ever entered alternative solutions with us.  One April 6, five officers received Rice notices.  It is my opinion that the council wants to use these layoffs as a tool to reopen the contract, which they signed one year ago.  Hopefully, you can hold your vote; we can explore all options, and hope we can come to a satisfactory resolution to all.

 

Carmen Suretto, owns 7 Karen Road, Pine Brook, resides in West Caldwell, stated he is father of three and Director of the Montville Broncos football program.  Montville is surrounded by four major highways.  I am concerned with the safety of my children and the 240 children who are in the Broncos.  We play at Camp Dawson.  The police officers come there to help us.  41 officers cover 14 square miles – that is a lot.  If you enter into a contract, I hope the talks continue.  The service they provide is for us.

 

Ciro Violante, 21 Dahl Drive, Montville, stated Mr. Sandham, I asked you your view of the police department.  You said we need to be more vigilante since 9/11 and because the town has grown.  I believed you and hoped you won’t make me regret voting for you.  The crime rate is increasing.  It is low in Montville because of the police officers.  We cannot afford to lose any of them. 

 

Lucia D’Alessandro, 70 Genoble Road, Montville, stated she is outraged that the Township is considering letting go any officers.  I have called on them for assistance, and they have performed professionally.  Submitted petition of 400 names.  Concerned about response time.  Urging you to reconsider.  Voted for all of you.

Richard Cook, Chief of Police, stated a foundation of government is that our citizens deserve a well-trained and highly motivated police department.  These drastic cuts along with some retirements that will be taking place will result in a 20% decrease in the force.  I know that my concerns as a Police Chief have not been taken into consideration.  It takes over a year to get an officer trained and on the road.  Replacement officers will not be available until 2012.  I hope you take this and the security of our residents into consideration.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated I know the decisions you are making are difficult.  It is very difficult to lose a job.  Have you also looked to renegotiate the salary of the executives who work in the Township?  I would think that they too would have to be vested in the pain that we are all feeling right now.

 

Carol DaCosta, 3 Midland Road, Montville, on behalf of the First Aid Squad, stated these men and women are there before the First Aid Squad on a 9-11 call.  They assess the situation and let us know.  As a resident, I will gladly forfeit a parade or festival to have them.  They take care of us.  It is our privilege to now take care of them.  Say no to layoffs.

 

Matt Annusia, Belleville, former resident of Montville, stated a Fairfield cop was shot and killed.  At a recent stop in Montville a gun was found.  I went to school here.  Would like to keep everybody safe in this town.  We have fine police officers doing their job in this town.

 

Larry D’Oench, 20 Stony Brook Road, Montville, stated the last two budget cycles have seen salaries raised.  Disappointed you voted to give pay raises when laying people off.  Suggest the unions and management roll back pay raises to save all the jobs of the employees.

 

Scott Gallapo, 9 Nelson Lane, Towaco, stated these are very difficult times.  You have to make difficult decisions.  Emergency services fall into the must-have category.  I implore you to re-evaluate the must-haves and the nice-to-haves to look into areas where we can reduce expenses that don’t cut into muscle and bone.  Don’t cut any deeper into emergency services, especially the police department.

 

Lucy DeFao, 17 Weiss Drive, Towaco, stated you really were given a raw deal.  You didn’t know Christie would cut your state aid.  For that you are not to blame; however, public safety should not take precedent over these cuts.  You have to find a way of hiring here a police commissioner to look at the revenue side to not cut one of these officers.  If you have to, I think we need as a people, we need to put funds together and have a special election - $30,000 for a special election for someone to come and run this town so that not one cop is touched.  I had to call the police yesterday.  The police officer saved a boy’s life.  You have to go back to that budget.  You can’t give one pay raise.  Public safety should not be touched.  Cut the parades.  If you can’t, we will have a special election - $30,000.  The voters – we can do it.

 

Jack Regan, resident for over twenty years, stated I know you didn’t expect to be going through this financially.  Montville is virtually crime-free.  Last area you should think about cutting is public safety. 

 

Adam Kenney, 39 Mary Drive, Towaco, stated he is one of the patrolmen who may lose his job.  I came here when I was 7 years old.  Never left.  We have faith in this town.  I bought a house in this town because we have faith in it.  I love my job.  You could find other ways to trim the fat.  Every guy I work with loves this town. 

 

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

 

Sandham responded to the questions.

 

Master plan – Vanderhoof stated she would say Burgis is being paid $100,000.

 

Montville Day – Sandham stated they have got that down to self-sustaining.  Last year Montville Day was $10,000.  Jazz Festival – no longer a township sponsored event.  This year Montville Day will cost the taxpayers nothing or we won’t have it this year.  4th of July - $15,000 line item.  That is only to be used in case of rain for performers that have to be paid without having raised the money.  Does not include police overtime and DPW.  2009 - $40,000.  Some of that relates to the 5k run and the parade.  The 4th of July Committee is going to cancel the parade.  They believe that will save $20,000.

 

Sandham stated we had several meetings with all of the unions.  We can only do furloughs with white collar and blue collar.  We went to those unions and said the only thing available to us is layoffs.  You can have wage concessions.  All the unions are getting raises this year.  We asked for voluntary concessions.  This Township Committee does not want to do layoffs.  We went to the unions:  wage concessions; 1.5% contribution to health care benefits; furloughs.  I like better a salary concession.  I don’t care if they want to contribute to health benefits.  No one has dictated layoffs, but it is the only thing available to us at this time because the unions have not come back to us with concessions.  It takes 90 days, so we have to move forward.  We have to move forward to make sure it is as few layoffs as possible.  We have Riced five police officers.  This is not about performance, effort, how they serve the public.  This is a financial issue that we brought to all the unions.  Effective April 1, $225,000 if all the unions gave up their 3% for 2010.  This is what was proposed across the board, including nonunion. 

 

We have asked the Police Chief to review how many police officers we need.  Chief Cook, it is not a 20% reduction.  If three people retire, we are not looking at a total reduction of 8 people.  It is 5 people if no concessions are made.

 

There are a handful of solutions on the table, not only the proposal of layoffs.  I have yet to hear where collective collaboration is part of that answer.  My company did what was needed to be done as a group.  I have supported the unions from a salary perspective in the last three years.  We are now in a situation where everyone needs to participate. 

 

We have taken a lot of the not-haves out.  There are two CPA’s that sit up here and have challenged every detail in the budget.  They Attorney reduced his fee 10% this year.  We have reduced the use of the Attorney.  This Township Committee has gone year to year and cut a lot of stuff out.  That is why we had a less than 3% increase last year. 

 

Adam, I feel for you.  I hope we come to a better solution. 

 

Daughtry stated from a budgetary standpoint, well over 50% of the expense cuts that we need to make prorated across are actually with the police department.  The real numbers that are out there for the police department to work with – we have to make up about $237,000 across the board with our work forces.  About $142,000 can be earmarked back to the police department.

 

Options:  1)  Give back 4% increase for this year.  2)  Insurance – 1.5% - police - $66,000 in savings.  3)  Four voluntary furlough days – would make up the difference.  4)  No union concessions –  that would involve layoffs and demotions.

 

We have a table of organization.  One of the things this committee has done in the last 4 to 5 years is have a model we want to work up to.  Right now our table of organization has the police department overstaffed.  I would look at, as one person, demoting to save a patrolman from being laid off. 

 

Sandham stated it was said other proposals have come forward.  I have not heard any other than Montville Day, etc.  We have looked at that and made them self-sustaining.  We have found several $100,000 in other places, and we have cut them.

 

Cook stated it has never been said to me that if an officer retires in December that a laid-off officer would be rehired. 

 

Bastone stated the Mayor was referring to a net reduction of not more than five.  Sandham stated we are looking at a total salary reduction.  If that reduction is through retirements, then we don’t have to get to that same number through layoffs.  We have talked about providing retirement bonuses to get officers to retire sooner in hopes of saving other officers.

 

Mooney stated we were not told about retirement incentives.  We were not told about a 3% cut, 1.5%, or furloughs.  We were told a pay freeze. 

 

Bastone stated retirements were discussed at our 7 p.m. meeting tonight.  Sandham stated this was discussed tonight in the hopes of avoiding layoffs. 

 

DeFao asked if she could have the municipal budget.  Sandham gave her his copy.

 

Walter asked if they have considered freezing raises this year.  Sandham stated they cannot without the consent of the unions.

 

Gene Byrnes, 3 Oak Lane, Pine Brook, asked if they have sat down with Chief Cook about this.  Bastone stated he has sat down with him several times about the budget. 

 

Ciro Violante, asked how do you come up with five officers - $142,000?  Bastone stated because you are only doing it for a portion of the year.  The layoff process takes 75 to 90 days.   

Sandham stated it has been an improving number since we last discussed.  We have found other places to save money. 

 

Violante stated once you open the contract, it would be open for the next three years.  Sandham stated we are not looking to open the contract.  We would make an amendment for this one thing. 

 

Regan stated Federal and State law enforcement grants are available.  Bastone stated we applied for them last year and we were denied.  We have made application again this year. 

 

Regan stated a good area to explore is the retirement incentives.  Sandham stated from the time we heard that on the table at that meeting, the Township Committee has not met.  That is why it just came up tonight.

 

Mitchell Schwartz stated if the Governor offers incentives for those municipalities that make some adjustment in their budgets, they could be eligible for additional funds.  Is there a commitment that money will be spent for saving police positions?  Sandham stated from what I have heard, that is only for Board of Education budgets.  If it is for municipalities, we will talk about it as a group.

 

Adele Kenney, 28 Glenwood Drive, Montville, stated $40,000 for July 4th police assistance.  Why couldn’t we attribute that amount of money to the money you want to come up with?  Doesn’t the town have an emergency fund?

 

Sandham stated we did decrease the 4th of July to $20,000.  The town does not have a contingency fund.  What we have is surplus.  We have to allow for people not paying their taxes.  If people pay their taxes and there are not any appeals, that surplus carries over to the next year and we are allowed to use it.  We have lost $900,000 – mostly because of tax appeals by commercial properties.  We are not allowed to sock way anything other than that for rainy days.  We have cancelled a number of capital ordinance projects. 

 

Brian Klemp, 4 Rockaway Valley Road, Montville, asked has the committee ever thought about having a fundraiser?  Sandham stated we have not entertained that.  It doesn’t mean private groups can’t do that or write a check.  Klemp asked if the Township would be willing to provide space for such a fundraiser.  Sandham answered a qualified yes.

 

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

 

Motion to send a layoff plan to the State of New Jersey:  Daughtry.  Second:  Sandham.  Discussion:  Sandham stated we have to apply to Civil Service to approve the process.  It is just prudent on behalf of the Township Committee to get the approval for the process.  It is not pulling the trigger.  If we find a way to get to the $242,000, it will be yanked off the table and nothing will happen.

 

Daughtry stated this is what happened last year with the two officers.  It is a process that has to be followed, and we will work diligently to not let this happen.  Sandham stated this happened last year and we found other ways, and the two officers were not laid off.  Sandham stated this Township Committee does not want to layoff massive amounts of employees.

 

Roll call vote – Daughtry, yes; Kostka, yes; Nielson, absent; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – SOIL MOVEMENT ORDINANCE:   Bastone reported last year we changed the hearing authority for soil movement from the Township Committee to the respective land use board.  When we made that change, there are certain inconsistencies in the ordinance that need to be addressed.  They are highlighted on your draft. 

 

Motion to authorize preparation of ordinance for introduction:  Braden.  Second:  Daughtry.  Discussion:  Braden asked if Mr. Murphy reviewed the ordinance.  Murphy answered yes and he concurs with the changes.  All in favor except Nielson – absent.  Motion approved.

 

NO. 3 – RIGHTS-OF-WAY/UNAUTHORIZED IMPROVEMENTS:  Bastone reported the issue right now is Tiffany’s.  They should not be able to erect fences, etc. sitting in the right-of-way.  Those things should be required to be moved. 

 

Sandham stated this came before the Planning Board.  Can the town sell them this right-of-way?  Murphy stated he has to find out if we own it.  It may have been dedicated to us.  We may have to vacate it.  He will investigate.

 

Barile stated the old map shows a building in the same location.  That is when it was a 33-foot wide right-of-way.  The encroachment began then.  Murphy will look at the options available.

 

NO. 4 – RESCHEDULE JUNE 8 TOWNSHIP COMMITTEE MEETING:  Meeting rescheduled to Wednesday, June 9, 2010.  Motion:  Daughtry.  Second:  Braden.  All in favor except Nielson – absent.  Motion approved.

 

NO. 5 – CONDOMINIUM ROAD OPENINGS:  Bastone stated now that we have two condo associations that have completed their repairs and turned over the roads, we now have jurisdiction over road openings.  The recommendation is to have them comply with the road opening ordinance, but without the provision of a performance bond.  Township Committee, except Nielson – absent, all in favor to prepare ordinance.

 

NO. 6 – RECREATION FEES:  Bastone stated you have received a recommendation from the Long-Term Financial Planning Committee that you increase the recreation participation fee from $5 to $10.

 

Vanderhoof stated we made the recommendation because we anticipated $50,000, and we only received $28,000 in 2009. 

 

Sandham asked can we figure out where we fell short in our estimate?  Did all the users pay the $5?  Vanderhoof answered yes, we did a study on it.  The attendance was down last year.

 

Braden stated Recreation is working on this right now – where the discrepancy is.  Went over the MBSA contribution.  The $5 seems to be the right number.  Not in favor of increasing it. 

 

Daughtry asked do we have a forecast now of what they expect this year?  Braden stated Maryann Witty and I are working on it.

 

Daughtry stated he is not in favor of raising it, but enforce it better.

 

NO. 7 – TEXAS EASTERN TEMPORARY ACCESS:  Texas Eastern requests the temporary use of a portion of vacant Township land on Route 202 near the police station.  This is for modifications to their natural gas pipeline.  Township Committee present – all ok.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the Board of Education is now charging a $100 activity fee.  So the Township going from $5 to $10 – no one is going to notice.

 

In a year or so, we are going to do the revaluation.  You are going to go into the homes and discover all of the improvements. 

 

Bastone described the revaluation process.  Award a contract.  Establish values.  Property owners can review and discuss. 

 

Lefkowitz stated his point is there is no incentive for doing things the right way.  Is there a way to raise the revenue now?  Pass an ordinance so people can come in and turn themselves in – amnesty? 

 

Garage sales – are we fining people for not getting permits? Signs?

 

Murphy stated we can’t assess taxes going back.  We can enforce ordinances for not getting permits.  If we find something out-of-code, that is another enforcement issue.

 

Sandham stated the signs are enforced by the zoning officer.  He asked the Administrator to speak to the zoning officer about enforcing signs.

 

Steve Samitt, 2 Village Drive, Montville, spoke about the condo road openings.  Agree with them but when you draw up the ordinance, make it apply to only those condos that have dedicated the roads to the town for maintenance.  Barile stated it applies to roads that are also pending.

 

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

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-14 TO VACATE AN UNNAMED FIFTY FOOT RIGHT-OF-WAY AND A PORTION OF BLOOMFIELD AVENUE:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for April 27, 2010, at 8 p.m.  Motion:  Kostka.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, absent; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA8:  Motion:  Braden.  Second:  Kostka.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, absent; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE:

 

WHEREAS, Certificate of Sale #09-00029 was issued to Montville Township for delinquent taxes on Block 109 Lot 15 (30 Forest Pl), at a tax sale held on December 03, 2009; and

 

            WHEREAS, First American, on behalf of the assessed owner, Sullivan, Edward/Arlene has redeemed Certificate #09-00029 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 #09-00029 for cancellation.

 

CONSENT AGENDA ITEM B – 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 35  Lot 1                        6 Oklahoma Ave

Premium Money                                                                                  $  8,800.00

Lien Redemption Certificate #06-00002                                             $ 30,522.16

Total Payment                                                                                     $ 39,322.16                            

To: M & D Associates

 

Block 151  Lot 3                      30 Bogert Road

Premium Money                                                                                  $ 27,000.00

Lien Redemption Certificate #08-00025                                             $ 41,319.01

Total Payment                                                                                     $ 68,319.01                            

To: Plymouth Park Tax Service, LLC

 

Block 163 Lot 23.5      68 Windsor Drive

Premium Money                                                                                  $ 60,000.00

Lien Redemption Certificate #08-00029                                             $ 74,655.03

Total Payment                                                                                     $134,655.03                           

To: Plymouth Park Tax Service, LLC

 

Block 24  Lot 37                      11 Bott Lane

Lien Redemption Certificate #09-00005                                             $ 24,650.59

To: Rothman, Robert

 

Block 53  Lot 2                        15 River Road

Lien Redemption Certificate #09-00018                                             $    576.52

To: Palmisano, Robert or Nancy

 

Block 98  Lot 13                      4 Jacobus Lane

Lien Redemption Certificate #09-00026                                             $    494.77

To: Gale, Stephen

 

Block 139.10  Lot 8     14 Charlemagne Place

Lien Redemption Certificate #09-00040                                             $    626.08

To: J. N. Properties

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT 2010:  Block 139.10, Lot 8, 14 Charlemagne Place, Acres Land Title Agency, Inc., $706.08.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT 2008 – TAX APPEALS:

 

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;

 

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

                                             

Block 160.2 Lot 5

3 Barnet Road

PLSS LLC                                           2008                $ 9,892.10

 

Block 171 Lot 14

10 New Maple Avenue

O’Dowd’s Inc.                                     2008                $54,247.00

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND POSTED WITH THE TOWNSHIP OF MONTVILLE:  Block 39.7, Lot 89, 35 Abbott Road, road opening, $610.00.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – OMNIPOINT COMMUNICATIONS, BLOCK 160.2, LOT 2:

 

WHEREAS, Omnipoint Communications, the developer of property known as Block 160.2, Lot 2 (43 Stiles Lane) is required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, Omnipoint Communications has submitted a Performance Guarantee in the form Performance Bond No. BLQ7653257 issued by SectorSite, LLC and The Hanover Insurance Company, in the amount of $27,000.00 and cash in the amount of $3,000.00 (landscaping and fencing) and Tower Removal Bond No. BLQ7653401 issued by The Hanover Insurance Company in the amount of $51,840.00 and cash in the amount of $5,760.00; and

           

WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its 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 Performance Guarantee submitted by Omnipoint Communications in the form of Performance Bond No. BLQ7653257 issued by SectorSite, LLC and The Hanover Insurance Company, in the amount of $27,000.00 and cash in the amount of $3,000.00 (landscaping and fencing) and Tower Removal Bond No. BLQ7653401 issued by The Hanover Insurance Company in the amount of $51,840.00 and cash in the amount of $5,760.00 are hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM G – RESOLUTION RELEASING ALEXIS ACKER – BLOCK 122, LOT 19, 174 PINE BROOK ROAD – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Alexis Acker, the developer of property known as Block 122, Lot 19, has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that the Planning Board has authorized a waiver of certain conditions of the minor subdivision approval for which a performance Guarantee was posted and the balance of the improvements will be constructed by the Township with the developer reimbursing the Township for its costs; and

           

WHEREAS, the Township Engineer previously recommended the release of the Performance Guarantee (letter of credit) covering such improvements; and

           

WHEREAS, the letter of credit was released and the developer posted cash with the Township for the completion of the improvements; 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 cash in the amount of $3,461.40 posted in connection with a previously released letter of credit shall be released.

 

CONSENT AGENDA ITEM H – RESOLUTION TO TRANSFER MISCELLANEOUS ESCROW DEPOSITS TO THE GENERAL FUND:

 

            WHEREAS, there are several miscellaneous escrow deposits that were posted prior to 2005; and

 

            WHEREAS, the Chief Financial Officer has made many attempts to contact the individuals to no avail; and

 

            WHEREAS,    the Township’s Auditors have recommended that these accounts be cleared.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of Montville Township that the escrow deposits be cancelled of record and the funds transferred to the Current Fund as Miscellaneous Revenue.

           

ZSPP/F 7-93-21-O3                            $120.00

            PMISC 00-01                                           75.00

            ZC 1-98                                                   30.00

            PMISC 03-07                                         180.00

            PMISC 03-04                                           93.75

            PMS 99-07                                         1,952.00

            PMISC 05-09                                         500.00

            PMISC 05-31                                         500.00

            PMISC 05-47                                         500.00

            PMISC 05-25                                         500.00

            PMSPF 03-08                                         40.00

            ZC 18-01                                               209.18

                                                                     $5,199.93

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:  April 26 to May 8, 2010.  Signage plan dated 03/17/10 approved.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION:  April 30 to May 8, 2010.  Signage plan dated 03/12/10 approved.

 

CONSENT AGENDA ITEM K – APPROVAL OF SOLICITOR’S PERMIT 2010:  Ahmad Chacha, ice cream truck.

 

RESOLUTIONS:

 

NO. 2 – RESOLUTION ACCEPTING BIDS FOR SALE OF SURPLUS PROPERTY:

 

WHEREAS, the Township of Montville, pursuant to N.J.S.A. 40a:11-36 advertised for bids for the sale of surplus property; and

 

            WHEREAS, bids were received for all items placed for bid; and

 

            WHEREAS, the Township’s Director of Finance and the Director of Public Works have reviewed the high bids and have found that there is no substantive or procedural deviations and thereby recommends the sale of the surplus property to the highest bidder.

 

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

 

The following bids for the sale of surplus vehicles are hereby accepted, with the exception Item #8.

 

Item #1. 1997 Ford Crown Victoria VIN#2FALP 71WDVX188618     $   507.00  Chicago Auto

Item #2.  1998 Ford Taurus SE          VIN#FAFP62S7WA245551     $1,007.00  Chicago Auto

Item #3.  2003 Ford Crown Victoria VIN#2FAFP71W23X106043        $1,958.00  Grace Auto

Item #4.  2005 Ford Crown Victoria VIN#FAHP71W25X112551         $2,758.00  Grace Auto

Item #5.  1999 Dodge Ram 2500 Utility VIN#3B7KF26Z8XM589931  $   700.00   Corigiliano

Item #6.  1993 Dodge Ram Mason Dump VIN#1B6MM3655PS233532 $1,255.99  Liberty

Item #7   1998 Chevrolet S10 Pickup VIN#1GCCT14XOW8174128  $   557.00  Jersey Auto

Item #8.  1992 Mobil Street Sweeper VIN#1A9524DR3MR05004               All bids rejected

Item #9.   1988 Cat Front Loader   VIN#094Z02477                              $14,044     Jersey Auto

Item #10. 1989 Ford Tractor & Mower            LGT 16D                        $    359     Jersey Auto

Item #11. 1991 Flink Salt Spreader    Serial #4959                               $    178     Devino
Item #12. 2000 Deep Tine Aerator      69407018                                   $    401     Golden Year

Item #13. 1984 Flail Mower                 Model #88                                   $    238.78 J. Stewart

 

The appropriate Township officials are hereby authorized to execute such documents as may be necessary to effectuate the transfer of the surplus vehicles upon full payment.

 

Motion:  Kostka.  Second:  Daughtry.  Discussion:  Daughtry stated we got $14,000 for the old Cat.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, absent; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 3 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular meetings November 10, 2009 and November 24, 2009.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, abstain; Nielson, absent; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 4 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS FROM VARIOUS MEETINGS OF 2008 AND 2009:

 

2008

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Tipcor property acquisition

01/08/08

04/08/08

05/13/08

03/25/08

05/27/08

06/10/08

 

 

10/28/08

11/25/08

12/09/08

01/22/08

05/13/08

08/12/08

04/22/08

08/12/08

07/22/08

 

 

01/27/09

02/10/09

04/28/09

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

07/22/08

09/09/08

10/14/08

01/27/09

 

09/08/09

04/13/10

04/13/10

All

Potential litigation – billboards/sign code

02/12/08

03/25/08

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

04/13/10

04/13/10

All

Property acquisition – Metro adjacent

11/25/08

12/09/08

02/10/09

04/28/09

09/08/09

04/13/10

04/13/10

All

 

2009

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Property Acquisition - Tipcor

01/13/09

01/27/09

02/10/09

03/10/09

03/24/09

05/12/09

06/23/09

06/23/09

07/28/09

07/28/09

 

 

 

 

09/08/09

04/13/10

04/13/10

All

Tax Appeal – Carolina Freight

11/10/09

04/13/10

04/13/10

04/13/10

 

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

 

NO. 5 – 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:  Sandham.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, absent; Bradeen,  yes; Sandham, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry reported Officer Frank Cooney asked if the Township Committee can endorse the Explorer’s purchase of a van.  They want it under our insurance. 

 

Township Committee present all in favor of adding the Explorer vehicle under the Township’s insurance policy and endorsing the purchase.  Bastone asked who is operating the vehicle?  Vanderhoof stated the police officers.    That stipulation will be brought back to them. 

 

Daughtry asked for a FIOS update.  Murphy stated they have to sit and wait for the BPU. 

 

Daughtry reported the Technology Committee has a meeting on Tuesday.  It went well.

 

Committeeman Kostka reported there has been three scheduled Residents’ with Disabilities Advisory Committee meetings and no one showed up.  One meeting two people showed up, but there was no quorum.  Sandham stated the chairperson has medical issues and has taken a hiatus.  If you want I can make calls.

 

Committeeman Braden report a resident would like to know if the town would be interested in bidding out farming rights on the Vreeland Avenue parcel for organic farming.  Suggest refer this to the Environmental Commission.  Township Committee present – ok.

 

Plausha Park – the meeting is schedule for May 20.  I plan on attending.  Township Committee present agreed, since members will be present, to advertise the meeting.

 

Braden stated we received a grant for Montville Day.  I suggest we roll the money into the 4th of July and not have Montville Day.  Ask the donator.  Sandham stated he supports it, but can we put on the agenda for next meeting.  I want to make sure the 4th of July Committee knows, as they have a major sponsor.

 

Chairman Sandham reported the Library Board met last night.  They have no interest in the T-Mobile cell tower.  Bastone stated he will notify T-Mobile of our lack of interest.  Township Committee present agreed.

 

Sandham stated the library passed their budget for the year.  They have a 2½% decrease from the prior budget.  Their funding formula got cut by about $45,000.  They found a way to save that money.  They propose to return 50% of their surplus to the Township.   They approved a capital plan for 2010 and beyond.  2010 - $170,000 to $180,000.  Included in that was the library door project.  They approved the funding, but not the project itself.  It was tabled to the next library meeting.  Kostka stated what they did was put in their 2010 approximately $111,000 of funding with the thought of going out to bid and then looking at the actual prices that come in.  Then they would decide if it makes sense and do they want to proceed?

 

Sandham stated water & sewer – the library is asking if the other organizations in town pay.  Bastone stated he thinks that was answered already.

 

Sandham stated the Montville Messenger went out.  It was 32-pages and I believe it was self-sustaining because there were 12 pages of ads. 

 

RESOLUTION NO. 2010-CES-041310B 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:  PBA; SOA

2.      Personnel

 

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

 

At 11:16 p.m. – Closed Session.  At 11:30 p.m. – Public Session.

 

Meeting adjourned at 11:30 p.m.  Motion:  Daughtry.  Second:  Kostka.  All in favor except Nielson - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 15 September 2010 )
 
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