MTC Meeting Minutes 04/27/10 Print E-mail

 Montville Township Committee Regular Meeting

Tuesday, April 27, 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 (arrival 7:14 p.m.)

                        Committeewoman Deb Nielson

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Absent:            Committeeman Don Kostka

 

Also present:   Frank Bastone, Township Administrator

                        Frances Vanderhoof, Director of Finance

                        Anthony Barile, Township Engineer

                        Adam Brewer, Management Specialist

Martin Murphy, Township Attorney

            Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-042710A 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.                             Union Contract negotiations: White Collar; Blue Collar; PBA; SOA

2.                             Property Acquisition:  Changebridge Road Extension; Marketplace

3.                             Litigation:  First Aid Squad; Democratic Club

4.                             Contract negotiations:  Grawehr property; Sharpe property easement

5.                             Personnel

 

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

 

Closed Session at 7:02 p.m.  At 8:05 p.m. – Public Session.

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

Chairman Sandham asked that everyone remember former Police Chief Jim Gormley, who passed away recently.  He was the Chief from 1957 to 1989.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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

 

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

 

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

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported unfortunately, the community development grant application for the Dial-A-Ride van was not funded.

 

ATTORNEY:  Martin Murphy, Township Attorney, stated at last meeting he was asked if we can be compensated for vacating a road.  In my research, the answer is no because we are saying it is not needed for public use.

 

FINANCE:  No report.

 

ENGINEER:  Anthony Barile, Township Engineer, reported the County paving project on a portion of Whitehall Road is underway.  No word yet on the drainage work.

 

Hatfield Creek – The DEP has completed their review, and we should receive approved permits in the next few weeks.

 

COMMITTEE REPORTS:

 

Chairman Sandham reported Kiwanis and the Montville United Methodist Church have started a food pantry for those in need.  They will take donations of food.  There are fliers out in the lobby.

 

Saturday is Recycling Day for documents, computers and bicycles at the Municipal Building.

 

DISCUSSION ITEMS:

 

NO. 1 – 2010 MUNICIPAL BUDGET:  Bastone reported as instructed two weeks ago I prepared exhibits for a 1.75% increase in the tax levy.  I need the approval of that to introduce the budget.  We continue to work with the unions.  We have made some progress.  The police department will have one early retirement and there is a proposal by the PBA for the 4th of July.

 

White Collar concession – they will donate ½ of their 2010 raise back to the Township.

 

Sandham stated we certainly appreciate that.  It is a move in the right direction.

 

Bastone stated we will continue to work with the unions to come to the goal of eliminating the layoff plan.  A 1.75% increase in the levy would be about $35.  This is on the municipal side.

 

Chairman Sandham opened the meeting up to the public.

 

Ciro Violante, 21 Dahl Drive, Montville, stated last meeting you said you did not want to layoff police officers.  I am glad you continue to work with the unions.  I beg you to restore the five officers you voted to layoff two weeks ago.  Two weeks ago you voted for a 3% raise for one group and then you are asking for a wage freeze.  You say 1.75% increase in the levy.  Governor Christie’s cap is 4%.  Why go lower?

 

Truscha Quatrone, 4 Majorca Road, Towaco, asked will the increase the white collar workers get for 2010 – 1.5% be in addition to the increase for 2009 – 3%?  Sandham answered yes.

 

Marion Costanzo, 41 Revere Court, Montville, stated the police do a wonderful job.  Our problem at the senior house is minor compared to them.  This is the second time in three years that someone is being taken away from us.  No one has come to talk to us about that.  Mr. Bastone came and talked to us one time.  We appreciate that.  Mr. Daughtry met with me once.  The Mayor has never come to the senior house that I know of.  Also, we heard you want to change the name of the senior house to the community center.  Sandham stated that is the first I heard of that.

 

Lucia D’Alessandro, 70 Genoble Road, Montville, asked has anyone accepted the retirement packages you talked about last meeting?  Will you work together with the police?  Will you guarantee no layoffs?  Will the committee accept other donations and fundraisers?

 

Celia Winters, 7 Revere Court, Montville, Senior Club President, stated she would like to know what their budget is for this year.  We doubled our number this year.  We took a cut last year.

 

Scott Gallopo, 9 Nelson Lane, Montville, asked about the budget – appropriation line, actual line, request line.  Bastone stated the date on that document is December 5, 2009.  Given to the Township Committee in January.  It does not reflect the full year’s changes.  That is a snapshot in time.

 

Gallopo asked if current copies are available.  Frances Vanderhoof, Director of Finance, stated she will prepare one for him.

 

Patricia Turni, 16 Stiles Lane, Pine Brook, concerned senior, stated there seems to be staff cuts.  If you cut all of them, do you think families will want to move in?  Do you think the seniors will want to stay here?  What do you think is going to happen if you don’t make cuts in other areas?

 

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

 

Sandham stated we did talk about layoffs.  We did offer a retirement incentive.  One of the police officer’s has taken it.  We understand layoffs are cutting off services. The State cut $525,000 from us.  We have to make that up somewhere.  We have cut capital spending.  We have outsourced fleet maintenance.  We have cut public events funding – 4th of July, Montville Day, etc.

 

We need everybody in this town who is an employee to be part of the solution.  I am a man of my word because I honored the memorandum of agreement of white collar.  They, in turn, gave back on their own, 1½% of the raise.  No one up here wants layoffs.  We appreciate what the white collar has done and that the police have offered up comp time instead of overtime for the 4th of July.  That has the potential to save us some money.   We have to figure out how much.  It is everyone’s intention to maintain the safety of the town.  We are working diligently to get the number of police layoffs down to none.

 

Bastone stated the senior citizen budget is the same as what it was in 2009 - $33,600.00 operating expense.  The amount of contribution to the senior program is $16,500.00.  Same as 2009. 

 

Sandham stated it is a tough year.  I do want to come out and talk with the seniors.  I will make time to do that.  We are trying to keep the taxes down.  We heard the voters in the last two elections.

 

Nielson stated the Township Committee set a goal of 1.75%.  We are still working with the unions.  Sandham stated I cannot stress enough we don’t want to have layoffs.  We have gotten some positive feedback from the unions and hope to get some more. 

 

Bastone stated I need the direction to introduce the budget in two weeks. 

 

Introduce budget with 1.75% tax rate increase for next year.  Motion:  Daughtry.  Second:  Sandham.  Discussions:  Nielson stated she is not ready yet to strike that number until there are further negotiations with the unions.

 

Sandham asked when do we have to introduce the budget?  Bastone stated we are being pressured by the State to introduce the budget or there could be a penalty.

 

Nielson stated my preference would be to work for the next two weeks and come to a decision.

 

Braden stated we are talking about the difference between 2% and 1.75%.  What is that per household?  Bastone stated $5 per household.  Braden stated 2% is a comfortable number.  I think it would motivate the unions.  Motion not approved.

 

Roll call vote – Daughtry, yes; Kostka, absent; Nielson, no; Braden, no; Sandham, yes. 

 

Introduce budget with 2% tax rate increase.  Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, no; Kostka, absent; Nielson, yes; Braden, yes; Sandham, no.  Motion not approved.

 

Daughtry stated if all five members were here, I could comfortably say that the 1.75% would be approved.  We were trying to “distribute the pain” as I called it.  We are now at an impasse and out Administrator needs direction.  We will have to approve at the next meeting. 

 

Sandham stated we are at risk of a penalty from the State.  Nielson stated I did not previously agree to the 1.75%.  We have not received a letter from the State.  It is a threat.  Sandham stated it is not a threat.  Will you pay the fine?  Nielson answered yes. 

 

NO. 3 – CELEBRATION OF PUBLIC EVENTS:  Irwin Paster, Chairman of the 4th of July Committee, stated we are asking you to tell us the decision on the parade.  After talking to the police and the 5k run people, they said enough concessions were made so that we can have the parade and the 5k run on the same day.

 

Daughtry stated so you still want to hold the parade because of the concessions by the police department.  Paster answered yes because they will not have the exorbitant bill because of the police overtime.

 

Thomas Mooney, President PBA Local 140, stated the offer was for the entire day.

 

Bastone stated the offer was for the entire day.  The concern up here is that the comp time will create overtime.  Mooney stated as far as he knows, comp time cannot create overtime. 

 

Sandham stated $28,000 was quoted as the overtime for the entire celebration last year.  So that is not the number for just one day.  Bastone stated we will have to figure out the number.

 

Nielson stated there were over 300 police hours utilized in the 4th of July celebration.  With comp time, they will be taking time off.  We are concerned about safety. 

 

Daughtry stated we need the guarantee that the police overtime budget will remain in tact. 

 

Richard Cook, Chief of Police, stated we schedule our comp time so it does not create overtime.

 

Sandham stated from my perspective, I guess we have a parade.  Nielson – pass.  Braden – yes, if assurances are made.  Daughtry – yes, if it is not going to cost the taxpayers any money.  Nielson – yes.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Irwin Paster stated he wants to make it clear that the town helps us with the police and DPW.  The rest is donations – our major sponsor is Lakeland Bank.

 

Tim Holmes, President Montville Baseball/Softball, stated he had a meeting with Recreation a week ago.  The MBSA wants to work in conjunction with the Board of Education to improve the Hilldale baseball field.  We want to ask if the Township Engineer could work with us for the layout of that field.  Township Committee present – ok, meet with Mr. Barile.

 

Scott Gallopo, 9 Nelson Lane, Towaco, stated there is $237,000 that needs to be cut out of the budget.  Can we get an update on that?  Sandham stated we are about 40% of the way to getting to that total.  There are other potential actions out there.  We are making progress. 

 

Gallopo stated the six-year capital improvement plan - $1.7 million.  Have you sifted through that so it can be deferred?  Bastone stated $1.65 million per year for capital improvements.  We only have 5% of that in the budget - $100,000.

 

Sandham stated the Long-Term Financial Planning Committee and the Township Committee previously put in self-imposed limits that we wouldn’t spend capital money more than $2 million per year.  We are currently down to $1.7 million, so we have taken a slice out of that. 

 

Gallopo stated certain people didn’t speak up at last meeting.  I think you should be on the same page about the tax levy.  Some of the people that were on the 2% page didn’t speak up at last meeting and that was disconcerting.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated since becoming a member of the Library Board of Trustees, I believe there are violations of the Open Public Meetings Act and the Open Public Records Act.

 

Murphy stated this is something the Library Board has to take care of.  I have provided Mr. Lefkowitz with the phone numbers of where he can go to make complaints.

 

Sandham stated the library is a separate body.  It has nine trustees.

 

D’Alessandro stated the retirements - how much money does that save for how many jobs?  The fundraising – someone brought that up two weeks ago.  At the time, the committee agreed.

 

Bastone stated the answer is yes – donations or fundraising.

 

Sandham stated it is hard to speak specifically on the retirement because everyone’s salary is different.  It also depends on when they retire.  For a retirement effective July 1, we are saving an average of $50,000.  The 4th of July concession would add to that.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-15 AMENDING CHAPTER 330 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND APPLYING ROAD OPENING PERMIT REQUIREMENTS TO PRIVATE ROADS OR STREETS WHICH THE TOWNSHIP OF MONTVILLE HAS AGREED TO MAINTAIN:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 11, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, absent; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-16 AMENDING CHAPTER 308 ENTITLED “SOIL REMOVAL GENERALLY” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 11, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, absent; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

DISCUSSION ITEMS:

 

NO. 2 – BOARD OF EDUCATION BUDGET:  Sandham stated we are going to talk about the process for reviewing the Board of Education budget. 

 

Committeeman Daughtry disqualified himself from this subject as he is a contractor with the Board of Education.  Daughtry left the meeting at this time.

 

Rita Seipp, Interim Superintendent of Schools, present.  She announced that Karen Cortellino is the new Board of Education President and Dr. Kayne is the new Vice-President.

 

Bastone stated the Township Committee must adopt a resolution by May 19.  This is set by State statute.  There is no flexibility here.  There has to be at least one meeting between the Township Committee and the Board of Education.

 

Sandham stated we need to decide on the process we want to go through and possibly set some meeting dates.  Possible – hire an outside consultant.  Also, I had put forth a proposal to get three past BOE presidents together.  I would like to hear from the other Township Committee members.

 

Bastone stated he received proposals from three consultants.  They range from $7,500 to $10,000. 

 

Braden stated he would recommend hiring a consultant.  Past presidents – would not do.  Would like to rely on the current board.  Would ask them for a subcommittee. 

 

Nielson stated she is not comfortable with making line item cuts.  Would be in favor of a consultant to work with us and the BOE.  I am dismayed about the health benefits program.  I understand if the teachers switched it would be $1 million.  I encourage us to reach out to the teachers.

 

Sandham stated I did attend several of the BOE budget meetings.  They did a diligent job.  I can’t support spending money for a consultant when we are facing other budget issues.  That consultant would have to work just as hard to come up to speed.  If the teachers gave back ½ of their salary increase this year, not only would you solve most of this problem, but maybe you could put back other cuts.  I would ask the teachers – it is not necessarily a single answer of switching benefit plans, but there are other answers.  If they gave back ½ of their salary increase, that would be $1.5 to $1.8 million, which is even more than the health care benefit plan change.  You would still benefit the taxpayers and the students.

 

Braden stated the reality is they are not going to give up their raise. 

 

Sandham stated the solution is for us to come up with line item changes that we both agree on and get it approved by the County and State.  Then they can spend it any way they want.  It is not as important to discuss the line items as it is to come up with the number.  They are over the cap. 

Nielson stated clearly they are over the cap – 4.6%.  Sandham stated it is about $400,000.

 

RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR  ACCOUNTING SERVICES IN CONNECTION WITH THE COMMITTEE REVIEW OF THE DEFEATED BOARD OF EDUCATION BUDGET TO FERRAIOLI, WIELKOTZ, CERULLO & CUVA, P.A.:  Not to exceed $7,500.00.  Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, absent; Kostka, absent; Nielson, yes; Braden, yes, Sandham, no.  Motion approved.

 

Sandham asked do we want to talk about an acceptable range?  Braden and Nielson – no.  Clearly under the cap.  

 

Sandham asked the BOE if they intend on recommending reductions.  Seipp stated when we lost 100% of our state aid, we worked diligently for a responsible budget.  We cut 25 teachers, 7 supervisors, aids, and library aids, and ordered no new books.  We have looked at every single line item.  We looked at every single line item.  For our BOE to recommend any cuts would be irresponsible on our part and devastating to the students of Montville Township.  We are willing to listen to you and work with you.

 

Braden stated so the voters in Montville Township have defeated the budget.  Now, our BOE has decided that they are not going to work with the Township Committee to satisfy the voters.

 

Seipp stated we cannot find anything more to cut.  We will certainly work cooperatively with you.  Braden asked how are you going to work with us?  Seipp stated we will listen to your recommendations.  We will be part of your collaboration to move forward.  We don’t have any recommendations at this time.  We already cut everything.

 

Nielson stated we have to cooperate together.  It is still over the cap.  It must come down below the cap.  That is a State requirement.  We are asking you to work together as a team.  I am not going to mandate what goes in the educational system of this town without input and cooperation from the BOE.  I am appealing to the BOE members.

 

Sandham asked if we have meetings with the consultant and the Township Committee, are you saying you won’t meet with us? 

 

Karen Cortellino, BOE President, stated we have to talk about it, but I don’t believe that is the position of the board.

 

Braden asked now that you have more time, do you think you can do a better job to find cuts in your budget?  Cortellino stated we have done our job.  Legally, you have the responsibility to find the amount and the line items.  There isn’t a single thing I can choose to cut, because there isn’t.  You have the luxury of impartiality.  Our budget was at 4.6%.  That additional .6% was minuscule to restore the state aid cuts.  It is legal for a waiver of the cap.

 

Sandham stated you have two new board members who ran on cutting the fat.  I went through the book.  I have a list of $630,000 of cuts.  I would want to have input on where the cuts are coming form.  Having sat through some of the meetings, I know what was potentially in and out.  You are leaving it up to people who are not as familiar as you are.

 

Cortellino stated we are going to work with you as cooperatively as we can.  It is a fresh set of eyes looking at it. 

 

Sandham stated if we were to sit down and say eliminate this, without the benefit of someone from the BOE telling us the true impact, we may not come out to the best answer.

 

Cortellino stated in the framework you just described, I think the BOE would be more than happy to sit down with you.  Sandham stated that is contrary to what you said before.  You want us to come up with these numbers and then bounce it off of you afterwards.

 

Charles Grau, BOE member, stated under the law, we are available to answer questions and give you our input.  There is nothing illegal with what we have done.  We could have increased it more.  We are here to give you information, but don’t ask us where to cut it.  The County Superintendent has got to approve what you do.  We will work with you.  The final resolution comes from the Township Committee.

 

Braden stated I will not be looking to hit a number.  We will work with the BOE to come up with reasonable cuts or not cuts depending on what we find as a group.  I am not going to make cuts to get to a number.  I will work with the board to get to the right answer. 

 

Nielson asked should we put a note up on the website to have a small subcommittee from the community?  If there is a group from the community that has knowledge that would be helpful.  I am asking for 5 to 6 people.  We have a wealth of people that may be willing or able to participate.

 

Braden stated I think the three of us should look for two members of the community that would be willing to serve – including the three of us. 

 

Authorize Mr. Bastone to hire a consultant for up to $7,500.

 

Tentative meeting dates:  May 8, 10 a.m.  May 12, 7 p.m. May 17, 7 p.m.  May 17 will be a short meeting for the resolution of approval.

 

Post meetings on website by 5 p.m. tomorrow night. 

 

Nielson stated we have a Long-Term Financial Planning Committee.  Is there merit to giving the budget to them?

 

Sandham stated we have in the past.  It is a short turn-around.  Nielson stated we could ask them.  If their agenda is full, fine.  At least give them the opportunity to participate.  Sandham stated ok.

 

PUBLIC PORTION:

 

Lucy DeFao, 17 Weiss Drive, Towaco, stated I read an article this morning commending West Essex High School and Montclair High School for their boards that are in the same situation we are.  They didn’t have to cut one salary.  Perhaps you can reach out to these people and maybe they can help with suggestions.

 

Heidi Calcagno, 26 Crescent Road, Pine Brook, asked who is going to pay the $7,500 consultant?  I beseech you to think long and hard about cuts.  Hope you will accept public comment.

 

Bastone stated the $7,500 comes out of the Township budget.

 

Dave Engel, 12 Constitution Court, Towaco, stated a lot of the allocated cuts sound like they were in education and not in the sports areas.  I don’t understand where that process is when they say they cut equally from everywhere.  I think we can save programs and teachers by looking at those numbers and seeing differences that don’t make sense.

 

Rachel Dickert, 32 Glenwood Drive, Montville, stated I think a committee is an amazing idea, and I was wondering if you would allow students on the board.  Nielson stated why don’t you leave your name and phone number, and we will contact you.  We would welcome your input. 

 

Janet Koskoff, 59 Maple Avenue, Pine Brook, asked about the money for the consultant.  Bastone stated it comes out of the Township budget.  Koskoff stated that comes out of my pocket.  You have allowed two members of the board to hire a consultant.  If you have $7,500, use it to educate the kids. 

 

Kathy Lindert, 38 Underwood Road, Montville, President PTC, stated I agree with the lady that just spoke.  I think you should have other people look at it.  Past BOE members, PTC presidents are a suggestion.

 

Trisha Turni, 16 Stiles Lane, Pine Brook, stated I was very pro for the vote.  A lot of the seniors are concerned about these line items.  I think the town needs more input about what you are slashing.  I think it is very important that these decisions be made, and I cannot imagine you can’t send a petition to Governor Christie to get the deadline extended.

 

Margaret Gorsky, 14 Parkway Drive, Pine Brook, stated I have been to every single BOE meeting.  I know what they have done.  I have spoken up as a parent.  They have done their due diligence.  The Township Committee has to decide what you are looking to do.  The BOE will work with you. 

 

Sandham stated this Township Committee wants the BOE to be involved.  We will work together to get to the best answer.

 

Mike Palma, 10 Manchester Way, Pine Brook, stated he is a BOE member but he is not speaking as a BOE member.  You said you feel you have the need to cut the budget because it was voted down.  Are you going to do what you need to do to leave this district in a better place than it was when you found it?  I have every confidence that Rita will work with you, but you have to give us every assurance that you will listen to her input and keep an open mind.  Because if Rita can convince you, and I am confident that she can, that everything that can be cut has been cut, that you will listen to her.  You have an obligation to do the right thing.  We voted for you to do the right thing.

 

Sandham stated I understand what you said, but it cuts two ways.  If you thought you were making cuts, then maybe you should have gone out with an 8% budget.   It is a little disturbing that you are trying to preach to us about what needs to be done and not give us the chance to go through a process that is inclusive of both sides.  

 

Palma stated what I said was keep an open mind and make the tough decision and if the tough decision is that we cannot cut anything more without sacrificing the integrity of our education, then that is the decision that you will make.

 

Sandham I attended your meetings and there were a lot of tough decisions that you had to make that included cuts.

 

John LoBasso, 3 Cheyenne Drive, Montville, stated he went to the BOE budget meetings.  He spoke about the privatization of the custodians and the supervisors.  My recommendation would be to privatize the custodians and take away the two supervisors.  That is what I thought - if the budget did not pass – would be the first two cuts.

 

Holly Dickert, 32 Glenwood Drive, Montville, stated thank you for letting the students talk.  The tenor of the conversation between the two boards needs to change.  They will work with you.

 

Sandham stated we wanted more participation from them.  We wanted them to participate in the working sessions.  We will get to a collaborative effort. 

 

Dina Mastrangelo, 22 Bott Lane, Towaco, stated she teaches at Montclair State University.  I would very much like to be on the advisory board.  I am very concerned about the removal of the counselors at the elementary school level.  They are very important.  They really help the children. 

 

Alan Glucksman, 76 Taylortown Road, Montville, spoke about the proportion of things that were cut.  A lot more was cut from extra-curriculars than from sports.

 

Rebecca Fried, 24 Vista Road, Montville, asked about the process – section of the law.  We don’t have the luxury of time to have a back and forth.  I urge you get the first meeting next week.  Bastone gave her the citation NJSA 18A:22-37.

 

Dana Simon, 49 Washington Court, Towaco, stated she has strong feelings about the academic integrity of our school district.  Teacher and counselor cuts are disgraceful.  If we can’t make any cuts across the board as far as the board is concerned, it is my understanding that we are paying thousands for the BOE to rent their offices.  Sandham explained they will be moving to 86 River Road.  Simon stated you are allocating good money after bad.  That building is in need of major renovations.  I think there must be some place in this municipality to house the BOE so we can keep our teachers.

 

Cortellino gave a history of the BOE offices since they were in Lazar six years ago.  We are out of the lease situation by January 1.

 

Sandham stated we will be having meetings.  We will have the dates up on the website by 5 p.m. tomorrow.  He thanked the students for coming out.  This is the best lesson in civics you can get.  We appreciate the BOE members coming out.  Thank you to the other citizens who came out tonight and gave their input. 

 

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

 

Daughtry returned to the meeting at this time.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA9:  Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, yes; Kostka, absent; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – 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 94 Lot 13                      

7 Hillcrest Road

Lien Redemption Certificate #09-00025                                 $ 555.41                     

To:  Palmisano, Robert or Nancy

 

CONSENT AGENDA ITEM B – RESOLUTION RELEASING BOILING SPRINGS SAVINGS – BLOCK 39.11, LOTS 78.01 & 78.02, 446 & 448 ROUTE 202 – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Boiling Springs Savings, the developer of property known as Block 39.11, Lot 78.01 & 78.02 (446 & 448 Route 202), 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 released from liability under the Performance Guarantee being held by the Township; and

           

WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and

           

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

 

WHEREAS, the Township Engineer has recommended the waiver of a maintenance guarantee.

           

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 posted by Boiling Springs Savings in the form Letter of Credit No. 197 issued by Boiling Springs Savings Bank in the amount of $274,633.20 and cash in the amount of $30,514.80 shall be released; and

 

BE IT FURTHER RESOLVED that the maintenance guarantee is hereby waived.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING A TONNAGE GRANT APPLICATION:

 

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

           

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

           

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

           

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

           

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants (for calendar year 2009) will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

           

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Adam W. Brewer to ensure that the application is properly filed; and

           

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

 

CONSENT AGENDA ITEM D – RESOLUTION TAX REIMBURSEMENT CERTIFICATION FOR THE REIMBURSEMENT OF RECYCLING TAX PAID IN 2009:

 

WHEREAS,     The Recycling Enhancement Act, P.L.2007, chapter 311, has established a recycling fund from which tonnage grants may be made to          municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS,     There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

 

WHEREAS,     Whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law”, the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant moneys received by the municipality shall be expended only for its recycling program.

 

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Montville that the Township of Montville hereby certifies a submission of expenditure for taxes paid pursuant to P.L.2007, chapter 311, in 2009 in the amount of $26,339.46. Documentation supporting this submission is available at the Township of Montville Municipal Building, 195 Changebridge Road, Montville, NJ 07045 and shall be maintained for no less than five years from this date.

 

CONSENT AGENDA ITEM E – RESOLUTION APPROVING MUNICIPAL TOWING SERVICES 2010:

 

WHEREAS, pursuant to Ordinance, application is made to the Township of Montville for approval to provide towing services when called by the police; and

           

WHEREAS, applications were made and inspections were conducted by the police, criminal histories were reviewed, and insurance certificates as required were provided.

           

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:

           

Section 1.       The following applicants are approved for light duty towing services for 2010:

            1.         Mt. View Auto, 76 Mt. View Blvd., Wayne, NJ 07470

            2.         Hiawatha Towing, Inc., 42 N. Beverwyck Road, Lake Hiawatha, NJ 07034

            3.         C & L Towing Services, 73 Eagle Rock Avenue, East Hanover, NJ 07936

4.         Boonton Service, 240 Myrtle Avenue, Boonton,  NJ 07005

5.         Mike’s Automotive/Pompton Plains Service, 19 Jackson Avenue, Pompton Plains, NJ 07444

 

            Section 2.       The following applicants are approved for heavy duty towing services 2010:

            1.         Mt. View Auto, 76 Mt. View Blvd., Wayne, NJ 07470

            2.         Corigliano Towing, 27 Intervale Road, Boonton, NJ 07005

 

CONSENT AGENDA ITEM F – APPROVAL OF RELAY FOR LIFE PURPLE RIBBON CAMPAIGN – APRIL 29 TO JUNE 26, 2010.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE ISSUANCE OF A SOIL MOVEMENT PERMIT TO WALDEMAR PTASZEK, ALISON PTASZEK, AND GROUNDSWELL ENTERPRISES LLC, A LIMITED LIABILITY COMPANY OF THE STATE OF NEW JERSEY AND THE ACCEPTANCE OF A PERFORMANCE GUARANTEE:

 

WHEREAS, Waldemar Ptaszek, Alison Ptaszek, and Groundswell Enterprises LLC, A Limited Liability Company of the State of New Jersey applied for a soil movement permit for the importation of two thousand, two hundred and eighty six (2,286) cubic yards of fill on property situated in the Township of Montville and described as Block 13, Lot 22 (21 Rockledge Road, Montville); and

 

WHEREAS, the permit application has been approved by order of the Superior Court dated March 23, 2010 subject to continued compliance with the terms and conditions as set forth herein and in strict conformity with the application and approved maps filed for this soil movement permit;

           

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.     Court ordered approval of the application Waldemar Ptaszek, Alison Ptaszek, and Groundswell Enterprises LLC, A Limited Liability Company of the State of New Jersey for a soil movement permit for the importation of two thousand, two hundred and eighty six (2,286) cubic yards of fill on property situated in the Township of Montville and described as Block 13, Lot 22  (21 Rockledge Road, Montville) is hereby acknowledged and a developers agreement setting forth the terms and conditions of that approval together with other agreed terms is herby approved.

 

            2.  A Performance Guarantee in the amount of Five Thousand, Six Hundred Dollars ($5,600.00) in connection with the soil movement permit from Waldemar Ptaszek, Alison Ptaszek, and Groundswell Enterprises LLC, A Limited Liability Company of the State of New Jersey is hereby accepted.

 

Motion:  Braden.  Second:  Daughtry.  Discussion:  Braden asked why are we doing this?  Murphy stated it is a court order.

 

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

 

NO. 2 – RESOLUTION TO CANCEL CAPITAL APPROPRIATION BALANCES OF COMPLETED PROJECTS:

 

WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

 

            WHEREAS, it is necessary to formally cancel said balances, so that the unexpended balances may be returned to each respective Capital improvement fund or credited to Surplus, and unused debt authorizations may be canceled;

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, that the following unexpended and dedicated balances of General Capital Appropriations be canceled:

 

Ord. #           Date Auth.         Project Disc.                            Funded      Unfunded 

1229/2007-23  04/09/97          Sidewalk Const.                      $12,500                                                                                               Changebridge Rd.

                                                Montville Museum/

                                                Viewmont Terrace                 $121,755

1999-10 &       05/11/99          Montville Museum/     

2001-56                                   Soccer/Camp Dawson           $202,778

2003-25 &

2003-49           05/13/03          Flooring/Conference Room   $  25,000

2003-44 &

2003-47           09/09/03          Veteran’s & Freedom Pl.        $  66,643

2004-1             01/29/04          Re-sod  Field #4                     $    3,883

2004-23           05/11/04          Improvements to

                                                Pine Brook Road                     $  12,355

2004-25           05/11/04          Field Equipment                      $    2,095

2004-83          11/23/04           Historic Home                         $       539

2005-69 &       10/14/04          Brook Valley Rd.                     $  10,989

2005-70

                                                                                                $458,537

 

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

 

NO. 3 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular Meeting December 8, 2009.  Motion:  Daughtry.  Second:  Nielson.  Roll call vote – Daughtry, yes; Kostka, absent; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

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

 

NO. 5 – RESOLUTION TO DISPOSE OF WORTHLESS COMPUTERS, MONITORS, KEYBOARDS & MICE:

 

WHEREAS, the Township of Montville wishes to dispose of the following listing of computers, monitors, printers, keyboards and mice:

 

                        Serial #           

Item #1            73567-14867                           Item #31          none   

Item #2            23CNCLK                                Item #32          15042330

Item #3            PZF74720016                         Item #33          PZF-74720156

Item #4            OR8-708200019                     Item #34          ORZ-70720016

Item #5            JVF-PT2200-101                     Item #35          PC700168K

Item #6            9126369                                  Item #36          4NMF901

Item #7            Z00099896                              Item #37          25M6A

Item #8            A725907                                  Item #38          300-98255721

Item #9            none                                        Item #39          475AQS007885

Item #10          000-106136                             Item #40          none

Item #11          15042327                                Item #41          K17011252

Item #12          15042368                                Item #42          BVF901

Item #13          15042373                                Item #43          none

Item #14          15042366                                Item #44          1B1FY

Item #15          15042371                                Item #45          l7669678

Item #16          15042362                                Item #46          C7UVW

Item #17          15042370                                Item #47          C7UW1

Item #18          15042369                                Item #48          DIR70420009 

Item #19          15042364                                Item #49          1B1GO

Item #20          020206PS04-03                      Item #50          ZX1G

Item #21          15042303                                Item #51          none

Item #22          GGAQ9                                   Item #52          B1FZ

Item #23          U98XZ                                     Item #53          7HT9B01

Item #24          8B1QV                                    Item #54          PZF-74720011

Item #25          C7UVZ                                    Item #55          JVF486P102903

Item #26          1900124736                            Item #56          20457569

Item #27          1900124768                            Item #57          PZF-74270014

Item #28          none                                        Item #58          PMN75020355

Item #29          none                                        Item #59          PZF-74620039

Item #30          none                                        Item #60          OSB71920016

Item #61          none                                        Item #67          DZPTSQ1

Item #62          000-106134                             Item #68          390TS01

Item #63          Eoo-3A16YOLDH                    Item #69          C7UVS

Item #64          78242                                      Item #70          BNMF901

Item #65          21QTS01                                Item #71          PC700156PK

Item #66          SJR0001                                 Item #72          15042331

 

28                    CRT    Monitors

27                    Printers

                        Keyboards      

                        Mice

; and 

 

            WHEREAS,     the Township Administrator and Finance Director have reviewed the recommendation of the Township’s Computer Technician and have found that the above computer equipment is worthless and should be disposed of by recycling.

 

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee does hereby permit the disposal of the above worthless computer equipment at the Township’s Electronic Recycling Program scheduled for Saturday, May 1, 2010.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MC CABE ENVIRONMENTAL SERVICES, LLC:  Asbestos safety control monitoring 86 River Road.  As per proposal dated April 7, 2010.  Not to exceed $17,175.00

 

Motion:  Nielson.  Second:  Braden.  Discussion:  Bastone stated this is being done in conjunction with the Board of Education and the Fire Department for the 86 River Road building asbestos removal.  It will be paid out of the Township fund for the building improvement.  It has been agreed upon with the BOE and the Fire Department.

 

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

 

COMMITTEE REPORTS:

 

Committeeman Daughtry stated a member of the Recreation Department told him it would be helpful if the high school students parking at the Youth Center could park in the middle aisle.  It affects drop-off at the Youth Center.

 

Sandham stated the VFW complained about people parking in their area again.  Township Committee present directed the Administrator to have more enforcement of that during their meetings – amend ordinance.

 

Committeewoman Nielson reported the Planning Board adopted the Route 202 master plan at their last meeting.

 

Committeeman Braden – no report.

 

Chairman Sandham reported he and ten mayors throughout the State met with Governor Christie.  They are going to work on the school funding formulas.  We also talked about pension and labor reforms.  Also, possibility of a county-wide revaluation process.

 

RESOLUTION NO. 2010-CES-042710B 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.                  Union Contract negotiations: White Collar; Blue Collar; PBA; SOA

2.                  Property Acquisition:  Changebridge Road Extension; Marketplace

3.                  Litigation:  First Aid Squad; Democratic Club

4.                  Contract negotiations:  Grawehr property; Sharpe property easement

5.                  Personnel

 

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

 

Closed Session at 11:10 p.m.

 

Meeting adjourned at 12:31 a.m.  Motion:  Braden.  Second:  Nielson.  All in favor except Kostka – absent.  Motion approved.

 

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 15 September 2010 )
 
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