MTC Meeting Minutes 06-22-10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, June 22, 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

                        Committeewoman Deborah Nielson (arrival 8 p.m.)

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-062210 PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12: 

1.      Attorney-client privilege:  Library

2.      Contract negotiations:  PSE&G

3.      Personnel:  CMFO selection process

4.      Litigation:  Ripley; South Salem Associates

 

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

 

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

 

Committeewoman Nielson arrived at this time – 8 p.m.

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Kostka.

 

2010 MUNICIPAL BUDGET:

 

Frank Bastone, Township Administrator, stated with salary concessions and early retirements along with other items we were able to generate a budget with a 1.71% increase in the municipal levy.  Total operating budget up .99%.  The reason the budget is up more than that for the levy is because of the loss of revenue.

 

NO. 1 – RESOLUTION AUTHORIZING SELF-EXAMINATION OF THE 2010 MUNICIPAL BUDGET:

 

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

 

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

 

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Township of Montville has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2010 budget year.

 

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Township of Montville that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

 

1.         That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget.

 

            a.         Payment of interest and debt redemption charges

            b.         Deferred charges and statutory expenditures

            c.         Cash deficit of preceding year

            d.         Reserve for uncollected taxes

            e.         Other reserves and non-disbursement items

            f.          Any inclusions of amounts required for school purposes.

 

2.         That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with the “CAP” law).

 

3.         That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

 

4.         That pursuant to the Local Budget Law:

 

            a.         All estimates of revenue are reasonable, accurate, and correctly stated;

            b.         Items of appropriations are properly set forth

            c.         In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

 

5.         The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

 

6.         That all other applicable statutory requirements have been fulfilled.

 

BE IT FURTHER RESOLVED, that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

 

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

 

NO. 2 – RESOLUTION WAIVER OF READING IN FULL OF THE 2010 MUNICIPAL BUDGET:

 

WHEREAS, N.J.S. 40A:4-8 permits that the Budget as advertised may be read by its title providing that at least one week prior to the date of the hearing a complete copy of the approved budget shall

 

            a)         be posted in a public place where public notices are customarily posted and at the free public library, and

            b)         is made available to each person requesting the same during said week and during the public hearing, and

 

            WHEREAS, the Township of Montville has complied with the aforesaid requirements.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Governing Body, the reading in full of the 2010 Budget be dispensed with.

 

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

 

NO. 3 – PUBLIC HEARING 2010 MUNICIPAL BUDGET:  Chairman Sandham opened the public hearing.  Motion:  Braden.  Second:  Kostka.  All in favor.  Motion approved.

 

Scott Gallopo, 9 Nelson Lane, Montville, stated Standard & Poor’s reaffirmed our AAA rating.  As part of that they expect the Township to re-establish our reserve from 6% to 10%.  I can’t tell from the budget how we are going to try to accomplish that.  Is there a plan to accomplish that?

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

 

Bastone stated he thinks the biggest thing to re-establish the surplus is the revaluation.  The Township Committee has authorized that to take place in 2012.

 

Sandham stated also they expect us to re-establish but not within one year.

 

NO. 4 – RESOLUTION ADOPTING THE 2010 MUNICIPAL BUDGET:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:

 

            $17,765,549 for municipal purposes, and

           

            $1,670,691 Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy.

 

Summary of Revenues

 

General Revenues

 

Surplus Anticipated

$     1,200,000

Miscellaneous Revenues Anticipated

8,042,235

Receipts from Delinquent Taxes

1,200,000

Amount to be raised by Taxation for Municipal Purposes

17,765,549

Total Revenues

$   28,207,784

General Appropriations

 

Within “CAPS”

 

Operations including Contingent

$     15,871,570

Deferred Charges and Statutory Expenditures-Municipal

1,852,733

Excluded from “CAPS”

 

Operations – Total Operations Excluded from “CAPS”

2,246,575

Capital Improvements

 80,000

Municipal Debt Service

5,784,606

Deferred Charges - Municipal

22,300

Reserve for Uncollected Taxes

2,350,000

Total Appropriations

28,207,784

 

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

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2010-16 AMENDING CHAPTER 308 ENTITLED “SOIL MOVEMENT GENERALLY” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  Public Hearing carried to July 27, 2010.  Motion:  Braden.  Second:  Kostka.  All in favor.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-21 AMENDING 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.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Daughtry.  Second:  Kostka.  All in favor.  Motion approved.

 

Motion to adopt ordinance:  Daughtry.  Second:  Nielson.  Discussion:  Committeeman Kostka stated he consistently takes the position that he is against a 3% increase in this environment; but he wants to thank the employees that made sacrifices in the year 2010, but he will end up voting no on this.  Bastone stated this particular ordinance only addresses the 50% giveback, not the 3% increase.

 

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

 

NO. 3 – ORDINANCE NO. 2010-22 ESTABLISHING THE RATE OF SALARY, WAGE OR COMPENSATION OF EMPLOYEES OF THE DEPARTMENTS OF PUBLIC WORKS AND WATER AND SEWER IN THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:  Blue Collar 2008 – 2011.

 

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

 

Motion to adopt ordinance:  Daughtry.  Second:  Braden.  Discussion:  Nielson stated she will be voting no.  She does commend the DPW workers for cooperating, but she does feel a 3% increase for this year and an increase for 2011 of 2.5% is not consistent with her stance this year in these economic times.  Kostka agreed.

 

Sandham stated negotiations had occurred through 2009.  They came to a Memorandum of Agreement.  Some of us feel we have to honor the MOA.  I will be voting yes.

 

Nielson stated the original MOA went through 2010 and was recently extended to 2011 with provisions for health care benefits.  That is why I am voting no.

 

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

 

NO. 4 – ORDINANCE NO. 2010-23 ESTABLISHING THE 2010 SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS AND METHOD OF PAYMENT OF SUCH SALARY OR WAGES:  Unrepresented.

 

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

 

Motion to adopt ordinance:  Daughtry.  Second:  Braden.  Discussion:  Nielson stated she wanted to reiterate he stance.  She thinks 3% salary increases are not appropriate at this economic juncture.

 

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

 

Sandham stated effectively it is a 1.5% increase.

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported on the demolition of 7 Church Lane and the salt dome.  There are two proposals on 7 Church Lane that total $4,000.  We are simply waiting for the judgment to be signed by the judge.

 

Salt dome – it is grandfathered as far as DEP regulations are concerned.  The cost is about $17,000 to do that demolition.

 

Committeeman Daughtry stated I still stand by my position to start to clean up some of the structures in the back. 

 

Tom Mazzaccaro, DPW Director, stated they don’t need either one – the pole barn or the salt barn, but if they are there, they will use them.  There should be a master plan for what has to be done.

 

Bastone stated we did do a master plan a few years ago for 86 River Road. 

 

Anthony Barile, Township Engineer, and Mr. Mazzaccaro agreed the master plan may not have been finalized.  Township Committee authorized all to finalize a plan.

 

Mazzaccaro stated it does not matter to him which structure comes down.  Bastone stated he will pull out the 86 River Road master plan from a few years ago.

 

Sustainable Energy Meeting (SEM) – Bastone reported they held its electric auction on June 3.  For an 11-month contract from July 2010 to May 2011, they would save $77,000 going with the SEM price.

 

ATTORNEY:  No report.

FINANCE:  No report.

 

ENGINEER:  Barile reported the bids have been advertised for the solid waste contract.  They will accept them on August 17.

 

Hatfield Creek project DEP permits were received today.

 

Rockaway River behind Green Meadows Road – it is part of a lesser stream in Parsippany.  Parsippany wants to work on a de-silting project.  Distributed map.  Montville will have to coauthor the DEP application as it is on the Montville boundary.

 

DISCUSSION ITEMS:

 

NO. 1 – POLITICAL CAMPAIGN SIGNS:  Bastone reported the goal is to establish a policy to give to candidates.  There are First Amendment issues so we need to be careful how we promulgate regulations.  Montville has code on the utilization of rights-of-way – Chapter 331.  The property is responsible for the maintenance of property in the right-of-way.  The property owner determines whether a campaign sign is placed within the ROW adjacent to that property.  Campaign signs are not to be placed on municipal property.  Property owned by the County and the Board of Education – it is their determination.

 

Martin Murphy, Township Attorney, stated they cannot regulate the number of signs.  They can only regulate the size.  The maximum size is 32 square feet.

 

Township Clerk will put together a policy to give out to the candidates when they file a petition.

 

Daughtry asked if we can impose bonds for cleaning up the signs.  Murphy stated there are cases that say you cannot require a fee or bonding.  You may be able to require by ordinance that they are required to clean them up.

 

Bastone asked can you require a fee per sign that is not cleaned up?  Murphy stated I think you would have a problem with that.

 

Township Committee consensus – Township Clerk to draft policy.  Include remove the signs within 48 hours.

 

NO. 2 – LAND USE REORGANIZATION:  Bastone stated with the retirement of the Land Use Administrator, he is looking at Land Use and Engineering being combined with the Engineer being the department head.  They would hire a principal planner/zoning officer to replace the person retiring.  I also provided you with various alternatives.  I met with the Department Heads involved, and we agreed the scenario I am presenting you with is the best one.

 

Daughtry stated he supports his recommendation.

 

Nielson stated this could be an interim solution in case it doesn’t work.  We have also talked about outsourcing.  Nielson stated an ultimate goal could be to have one Township Engineer.  Right now we have a Township Engineer and the land use board consulting engineers.

 

Bastone stated I don’t think what we are proposing here precludes us from looking at other alternatives for consultants.  We can always revisit things.  I want to get this implemented by August.

 

Nielson asked have you reached out to the Planning Board and Board of Adjustment regarding secretaries?  Bastone answered no, it is my intent that the person filling the position would take those duties.  Nielson stated the boards can appoint who they want.  Have they reached out to you?  Bastone answered no.  I am making a recommendation for the table of organization.  I will be happy to reach out to them.

 

Kostka asked what the savings would be.  Bastone stated he wants to be careful of talking about personnel.  Sandham asked how we are going to accommodate the work load.  Bastone stated the replacement is at a lower title.  They will still be performing those duties, but not department head duties.  The position is nonunion. 

 

Township Committee agreed – proceed with the table of organization.  Bastone will reach out to the Land Use boards.

 

NO. 3 – DRAINAGE 5 MARGUERITE LANE:  Bastone reported there is up-built drainage impacting 5 Marguerite Lane.  The recommendation is that the Township constructs a new inlet in the existing storm drainage pipe so the property owner can tie into the stub.

 

Barile stated Mr. Reis wrote to the Township Committee.  There are estimates from him, a report from Mark Mantyla, Assistant Township Engineer, and pictures I took.

 

Robert Reis, 5 Marguerite Lane, Towaco, stated he moved there in 1976.  There were no water problems.  Between 1976 and 1985, built an in-ground pool.  Two parcels of land to my right were raised.  Put in a French drain system.  Pool wall started to buckle.  End of summer lost integrity of the right wall and tore the pool out.  Ditch became a knoll rather than a ditch.  1995 – new neighbors moved in – raised their property to do a decking area.  Now water flow is going up the back of the driveway.  Had to take oil tank out.  Driveway buckled up.  Water flow is going past my house.  Now, there is no place to get rid of the water.  The water comes into the garage.  Lost sheetrock, etc.  The problem has been created behind me.  The topography has changed.  The town has offered to put a pipe under the driveway, but then I have to build a catch basin.  Hope the town can help me.

 

Barile recommends an inlet constructed at the curb, tap into the existing pipe with a new catch basin next to the driveway and run a stub pipe back under the sidewalk to the edge of the right of way where Mr. Reis could pick it up there. 

 

Sandham asked Mr. Murphy do we have a legal responsibility?  Murphy stated he does not think we do.  It is a neighborhood thing.  There are ways to solve problems.  You certainly can do an easement if you wanted. 

 

Barile stated he can put the catch basin in regardless.  Nielson asked if it is possible to do a swale.  Barile stated there is very minimal pitch to make a swale. 

 

Murphy stated be aware, once you take in another easement, you have maintenance issues.

 

Mazzaccaro suggested a temporary easement to put the line in and then they maintain it. 

 

Daughtry asked how many feet is the run?  Barile stated probably 70 to 80 feet.  Mazzaccaro stated it is not a problem for the Township employees to run that.

 

Barile stated 12-inch plastic pipe.  Material price $1,000 plus the catch basin. 

 

Reis stated if you put it in for me, I will maintain it.  Barile stated he will prepare a description and get it to Mr. Murphy. 

 

Nielson asked do we have the money?  Barile stated I am sure we can find the money in some capital ordinance.

 

Braden asked do we need to notice the neighbor?  Township Committee agreed – notify the neighbor and move forward.

 

NO. 4 – 32 MAPLE AVENUE:  Bastone reported the owners of 34 Maple Avenue want to purchase the usable portion of 32 Maple Avenue to expand parking.  Recommendation is to put the property up for sale as we have no real use for the property.

 

Daughtry stated at the Board of Adjustment there is an application for a cell tower at 34 Maple Avenue.  As you know, the Township has no municipal cell tower down there.  It might be too late for the Township to get involved in a cell tower in that area, but if you have the possibility of four operators looking down there, maybe they could work with us.  It is a great revenue stream.   Would like to hold on this for now until we can collect further information.

 

Nielson stated the Township Committee could send a letter to the BOA expressing our interest.  Sandham stated I don’t want the owner of 34 Maple Avenue thinking they get approval if they buy 32 Maple Avenue.  Find out the value of 32 Maple Avenue if we did sell it outright.

 

Bastone stated when the cell tower was proposed at 34 Maple Avenue, I asked them if they would consider putting it on 32.  They felt 32 was not conducive.

 

Township Committee decided to table for now and get more information.  Bastone will let the gentleman from 34 Maple Avenue know that this is on hold.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked about the animal shelter status.  Bastone stated they are talking about a stick-built structure at 7 Church Lane.  We have an agreement with the five municipalities we serve.

Lefkowitz asked for an answer in the future as to what kind of percentages we can expect from the other municipalities.

 

Lefkowitz asked what the change in the soil movement ordinance is.  Can we put the ordinances up for public hearing on the website? 

 

Bastone will check on getting the ordinances up on the website.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – BOND ORDINANCE NO. 2010-24 PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,648,200 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,565,790 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF: 

 

Bastone stated these three bond ordinances are the implementation of the 2010 capital plan approved by the Township Committee with the six-year capital plan.

 

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

 

NO. 2 – BOND ORDINANCE NO. 2010-25 PROVIDING FOR VARIOUS WATER IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $333,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $233,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

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

 

NO. 3 – BOND ORDINANCE NO. 2010-26 PROVIDING FOR VARIOUS SEWER IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $227,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $152,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA13:  Motion:  Nielson.  Second:  Daughtry.  Discussion:  Nielson thanked Mr. Brewer for his work on the Sustainable Jersey Grant application.  This is to reinstate the Every Drop Counts Program and is fully endorsed by the Board of Education as well as the Environmental Commission.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – METROPCS NEW YORK, LLC:

 

WHEREAS, MetroPCS New York, LLC, the developer of property known as Block 160.2, Lot 23 (Changebridge Road) is required to submit a Performance Guarantee to the Township of Montville; and

            WHEREAS, MetroPCS New York, LLC has submitted a Performance Guarantee in the form Performance Surety Bond No. 022028536 issued by Liberty Mutual Insurance Company, in the amount of $16,116.36 and cash in the amount of $1,790.04; 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 MetroPCS New York, LLC in the form of Performance Surety Bond No. 022028536 issued by Liberty Mutual Insurance Company in the amount of $16,116.36 and cash in the amount of $1,790.04 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM B – RESOLUTION APPROVING TAX REFUND 2009 – TAX APPEAL:  Block 15.3, Lot 8.2, 1 Shawnee Trail, $3,199.04.

 

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

 

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

 

Block 157.1 Lot 8       

35 Windsor Drive

Lien Redemption Certificate #09-00044                                                         $29,523.48

To:  Lien Times LLC

 

Block 31.1 Lot 10                   

32 Old Jacksonville Road

Lien Redemption Certificate #09-00006                                                         $   496.07

To:  J.N. Properties

 

Block 71 Lot 8

21 Millers Lane

Lien Redemption Certificate #09-00020                                                         $   582.49

To:  J.N. Properties

 

Block 123 Lot 18.1

141 Old Change Bridge Road

Lien Redemption Certificate #09-00033                                                         $ 1,308.25

To:  J.N. Properties

 

Block 167 Lot 28                    

8 Maple Avenue

Lien Redemption Certificate #09-00048                                                         $   795.73

To:  J.N. Properties

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION 2010 BUDGET:  2010 Municipal Budget:  Revenue title:  Municipal Court Alcohol Education Rehab & Enforcement $955.19.  Appropriation title:  Municipal Court Alcohol & Rehab $955.19.  Local Match - source:  None.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION 2010 BUDGET:  2010 Municipal Budget:  Revenue title:  Grant from Bayer Corp. $5,000.00.  Appropriation title:  Mobile Date Terminals-Police Dept. $5,000.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING A CONVEYANCE FROM PETER NAGLE BUILDERS, LLC – PORTION OF BLOCK 109, LOTS 30.01 THROUGH 30.22 – PHASE II FOREST RIDGE:

 

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

            WHEREAS, Peter Nagle Builders, LLC, has agreed to convey Deeds over a portion of Block 164, Lots 30.01 through 30.22 (Forest Ridge) to the Township of Montville as a condition of development approval; and

            WHEREAS, Peter Nagle Builders, LLC has executed Deeds and have presented same to the Township for acceptance.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following conveyances from Peter Nagle Builders, LLC to the Township of Montville are hereby accepted:

            Underground Utility Easements

            Snow Plowing Easement

            Site Triangle Easements

            Access Easements

            Covenant for Water Quality and Storm Water Infiltration Systems

            Restriction Prohibiting Further Subdivision

            Conservation Restrictions

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE EXECUTION OF FOURTH AMENDMENT TO A GROUND LEASE BETWEEN STC FIVE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST TO SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP AND THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, the Township of Montville and STC Five, LLC, a Delaware Limited Liability Company, Successor in interest to Sprint Spectrum, L.P., a Delaware Limited Partnership entered into a Ground Lease dated February 23, 2000 for the purpose of the tenant installing, operating, and maintaining equipment, as described in the Lease, on a portion of Township property located at 86 River Road, Montville; and

            WHEREAS, the Township of Montville and STC Five, LLC entered into a Third Amendment to Ground Lease dated September 29, 2009 whereby the parties increased the size of the premises to facilitate the co-location of New York SMSA Limited Partnership d/b/a Verizon Wireless, Omnipoint Communications, Inc. d/b/a Voicestream Wireless, and Cellular Telephone Company d/b/a AT&T Wireless, and made other changes to the Lease; and

            WHEREAS, the premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and

            WHEREAS, the Lease has an original term, including all renewal terms, that will expire on March 15, 2025, and landlord and tenant now desire to amend the terms of the lease to change the location of the Metro PCS Area, and to make other changes.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute the Fourth Amendment to Ground Lease between the Township of Montville and STC Five, LLC, a Delaware Limited Liability Company, Successor in interest to Sprint Spectrum, L.P., a Delaware Limited Partnership in the form attached hereto.

 

CONSENT AGENDA ITEM H – APPROVAL OF SOLICITOR’S PERMIT 2010:  Paul Narvaez – Paulie’s Ice Cream.

 

CONSENT AGENDA ITEM I – RESOLUTION OF SUPPORT FROM THE MONTVILLE TOWNSHIP COMMITTEE AUTHORIZING THE SUBMISSION OF THE SUSTAINABLE JERSEY GRANT FUNDED BY WAL-MART:

 

WHEREAS, the Township of Montville derives 90% of its water from the Towaco Valley Aquifer; and

 

WHEREAS, the Township of Montville is participating in the Sustainable Jersey Program; and

 

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

 

WHEREAS, the Township of Montville strives to save tax dollars, assure clean land, air and water, improve working and living environments; and

 

WHEREAS, the Township of Montville seeks to preserve the integrity of the Towaco Valley Aquifer through efforts to conserve water; and

 

WHEREAS, the Every Drop Counts program has previously demonstrated positive, tangible results in the conservation of water; and

 

WHEREAS, one of the purposes of the Sustainable Jersey Program is to provide resources to municipalities to make progress on action items toward sustainability, and they have created a grant program called the Sustainable Jersey Small Grants funded by Wal-Mart;

 

NOW, THEREFORE, BE IT RESOLVED, that Township Committee of the Township of Montville, County of Morris, State of New Jersey, authorizes the submission of the Sustainable Jersey Grant funded by Wal-Mart for the amount of $25,000 to fund the Every Drop Counts Water Conservation Program.

 

CONSENT AGENDA ITEM J – APPROVAL OF BLOCK PARTY JULY 31, 2010:  22 Forest Place, Towaco, 4 to 7 p.m.

 

CONSENT AGENDA ITEM K – APPROVAL OF APPLICATION FOR SPECIAL ALCOHOLIC BEVERAGE PERMIT:  Montville Fire Department 100th Anniversary celebration – July 17, 2010.

CONSENT AGENDA ITEM L – RESOLUTION IN SUPPORT OF LEGISLATIVE ACTION ON THE GOVERNOR’S PROPOSED 2.5% CONSTITUTIONAL CAP ON PROPERTY TAX LEVIES, WITH MODIFICATIONS AND CLARIFICATIONS, AND AFTER PASSAGE OF THE GOVERNOR’S “TOOLKIT” REFORMS AND MANDATES RELIEF.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE RENEWAL OF LIQUOR LICENSES FOR 2010-2011:

 

WHEREAS, applications have been filed by holders of liquor licenses within the Township of Montville seeking renewal for the years 2010 through 2011; and

 

            WHEREAS, the applications have been reviewed by the office of the Township Clerk, Land Use Administrator/Zoning, Health Officer, Chief of Police; and the Fire Districts; and

 

            WHEREAS, the licenses have met the requirements for license renewal;

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the following liquor licenses are renewed for the years 2010 through 2011:

 

1421-33-001-005        Don Pepe, Inc.  t/a Don Pepe Steakhouse, 58 Route 46 West, Pine Brook

1421-32-003-005        OKCF, Inc.  t/a County Line Pub, 100 Bloomfield Avenue, Pine Brook

1421-33-004-002        Don Pepe, Inc.  t/a Don Pepe, 18 Bloomfield Avenue, Pine Brook

1421-44-005-005        H & D Liquor & Wine, Inc.  t/a Montville Wine & Spirits, 263 Changebridge Road, Pine Brook

1421-33-006-001        Lake Valhalla Club, 6 Vista Road, Montville

1421-33-007-005         Orense Spain, Inc. t/a Sevilla Spain, 29 Route 46, Pine Brook

1421-33-008-004        83 Mt. Rail Corp.  t/a Columbia Inn, 29 Route 202, Montville

1421-32-010-004        FHN Cuisine, LLC t/a Montville Inn, 167 Route 202, Montville

1421-33-011-007        Bonefish-Jersey/Long Island Limited Partnership, 28 Route 46, Pine Brook

1421-33-012-006        144 Route Enterprises, Inc. t/a Harrigan’s, 142 Main Road, Montville

1421-33-013-003        Poor Hanks, Inc. t/a Poor Henry’s, 8 Main Road, Montville

1421-32-014-008        Janlu, LLC, t/a Red Barn Liquors & Pub, 446 Route 202, Towaco

1421-33-015-002        Goose’s Restaurant Group, Inc. t/a Tiffany Restaurant, 74 Bloomfield Avenue, Pine Brook

1421-32-017-002        Dat Crupa, Inc. t/a D & D Liquors, 5 Old Bloomfield Avenue, Pine Brook

1421-32-016-008        Rails Steakhouse, LLC, 8-10 Whitehall Road, Towaco (inactive)

 

Motion:  Braden.  Second:  Kostka.  All in favor.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO:  Blue Collar 2008-2011.

 

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

            WHEREAS, the Township of Montville desires to enter into a Collective Bargaining Agreement with Morris Council No. 6, NJCSA, IFPTE, AFL-CIO (Blue Collar Unit) for the years 2008, 2009, 2010, and 2011;

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Mayor be and is hereby authorized to sign the Collective Bargaining Agreement with Morris Council No. 6, NJCSA, IFPTE, AFL-CIO (Blue Collar Unit) that is hereto attached.

 

Motion:  Braden.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, no; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY ACCESS ROAD AGREEMENT FOR POWER LINE CONSTRUCTION FROM THE TOWNSHIP OF MONTVILLE TO PUBLIC SERVICE ELECTRIC & GAS:

 

WHEREAS, PSE&G has requested that the Township grant Temporary Access Road Easements for power line construction over the following Township owned property:

 

            Block 131, Lot 15

            Block 21.1, Lot 42

            Block 3, Lot 8; and

           

WHEREAS, the Township Committee finds that it is necessary to grant such Temporary Access Road Easements for power line construction.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute Temporary Access Road Easements for power line construction with PSE&G over the following Township owned properties in the form attached hereto:

           

Block 131, Lot 15

            Block 21.1, Lot 42

            Block 3, Lot 8

 

Motion:  Braden.  Second:  Kostka.  Discussion:  Bastone stated this is for the three temporary accesses.

 

Committeeman Braden left the meeting at this time – 9:50 p.m.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DYKSTRA ASSOCIATES, PC FOR ADDITIONAL SURVEY REVISION SERVICES:  Starkey acquisition – Block 59.1, Lot 5 and Block 76, Lot 15.2.  $490.00.

 

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

 

NO. 5 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular meetings January 26, 2010 and February 9, 2010.  Motion:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, absent; Sandham, yes.  Resolution adopted.

 

NO. 6 – 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:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, absent; Sandham, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry reported on the Camp Dawson safety nets.  It will be the same type of arrangement we did on Changebridge Road for the netting.

 

Bastone stated JIF made recommendations.  Tony Barile, Tom Mazzaccaro, and Art Daughtry have been working on a solution.  Lacrosse is going to purchase the net as per Mr. Mazzaccaro.  Confirm before we proceed.

 

Daughtry reported the event for the seven retirees is October 22.

 

Daughtry stated let’s not wait until the 11th hour about professionals this year if there are things that need to be addressed.

 

Daughtry reminded the Township Committee about the Administrator’s objectives as half the year is over.

 

Verizon – The Township Attorney did get back to me with a progress report.  I have not given minutes yet from the Technology Committee because we are waiting to conduct those trials.  Maybe in the next couple of weeks we will have that ironed out.

 

Committeeman Kostka – no report.

 

Committeewoman Nielson stated we did say we were going to rule the Administrator’s goals and objectives every quarter.  Mr. Bastone will give a synopsis by July 27.

 

Chairman Sandham stated Mr. Brewer has shirts for the Township Committee for the 4th of July parade. 

Library funds – we did get state approval on getting the library funds back - $237,000.  Very nice accommodation from the library.

 

Bayer did give us a $10,000 grant toward Montville Day.  Do we want to have Montville Day that we run or have an organization run it and offer them some funding from Bayer?  I would prefer to continue with Montville Day as it is something for just our town.

 

Kostka and Daughtry stated no.  Daughtry stated it should be self-funded.

 

Vanderhoof stated the grant money cannot be given away.  Bastone stated it could be used for the 4th of July – Bayer did agree to that because of our budget constraints.

 

Daughtry stated he would support it being used for 4th of July.

 

Nielson stated she has no problem skipping Montville Day this year in light of the economy.

 

Sandham stated my vision is to have an organization run Montville Day and then use the grant for police and DPW.

 

Consensus of Township Committee present – no Montville Day this year.  The Bayer grant is to be used to cover Township costs for 4th of July.

 

Meeting adjourned at 10:10 p.m.  Motion:  Kostka.  Second:  Nielson.  All in favor except Braden - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 29 September 2010 )
 
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