MTC Meeting Minutes 07/27/10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, July 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

Committeeman Don Kostka

                        Committeewoman Deborah Nielson

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-072710A 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:  CMFO position; 32 Maple Avenue

3.      Personnel

4.      Litigation:  Tax appeals – Matisak; Lefkowitz; and Olympik Real Estate Holding

 

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

 

At 7:00 p.m. – Closed session.  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 Daughtry.

 

RECOGNITION OF MONTVILLE FIRE DEPARTMENT’S 100TH ANNIVERSARY:  The Township Committee presented a plaque to Chief John Osborne and the members of the fire department and ladies auxiliary.  Chief Osborne presented the Township Committee members with a commemorative t-shirt and a commemorative 100th Anniversary booklet.

 

RECOGNITION OF FRANCES L. VANDERHOOF:  The Township Committee recognized and honored Fran Vanderhoof, retiring Director of Finance.  She has been the Director of Finance for 35 years.  She was presented with flowers and a “cookie jar” gift!

 

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: 

 

Township Committee discussed amendments to the ordinance as a result of review by the Planning Board and Township Engineer.  They reviewed the color-coded document of amendments.  Sandham and Nielson, who sit on the Planning Board, stated they agree with the amendments.

 

Ordinance amended and reintroduced on first reading with second reading and new public hearing scheduled for August 10, 2010, at 8 p.m.  Ordinance to be re-advertised.  Motion:  Nielson.  Second:  Braden.  All in favor.  Motion approved.

 

NO. 2 – 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:

 

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

 

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

 

NO. 3 – 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:

 

Chairman Sandham opened the public hearing.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated not all of the pages of the ordinance are in the copies made available.  Page 2 is missing.

 

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

 

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

 

NO. 4 – 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:

 

Chairman Sandham opened the public hearing.

 

Quatrone stated not all of the pages of the ordinance are in the copies made available.  Page 2 is missing.

 

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

 

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

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the 2007 86 River Road master plan.  The salt barn and the pole barn were slated for demolition. 

 

Anthony Barile, Township Engineer, stated the pole barn was built before the floodplain regulations.  Grandfather rights for the fill go along with that.  You may not want to give up those rights. 

 

Township Committee consensus – only demolish 7 Church Lane after the agreement is settled with the First Aid Squad.

 

Bastone reported they have a memo from Recreation that they are considering creating a satellite community garden on Vreeland Avenue.  Since Vreeland Avenue is going to be paved, he is requesting the DPW to install a waterline stub should the Township decide in the future to create the satellite garden site.

 

Bastone reported Morris County will be paving Route 202 from Abbott Road down to the townhouses next week.  Milling will be done during the day.  They are asking if the paving can be done at night – in one night.  Noise may be a concern, but if they do it night, they can get it done faster.

 

Township Committee consensus – do it at night so it is done faster.  Tell the County to notify the residents with properties along the road and the condo associations.

 

ATTORNEY:  Martin Murphy, Township Attorney, reported the closing on the Starkey property will take place on Tuesday if everything goes according to plan. 

 

Committeewoman Nielson stated this is fifty acres of open space property at the corner of Millers Lane and River Road. 

 

FINANCE:  Frances Vanderhoof, Director of Finance, reported the tax bills will be mailed tomorrow.  The grace period is extended to August 25.

 

ENGINEER:  No report.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Vinod Radey, 2200 Rachel Terrace, Apt. 5, Pine Brook, stated he was the REACH President last year.  He heard that Joe Daughtry will not be the advisor for next year.  He read a statement in support of Joe Daughtry.  The statement is supported by numerous REACH members.

 

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

 

Chairman Sandham asked if a decision has been made.  Bastone stated he is not at liberty to discuss personnel tonight.  I think there has been a misunderstanding, and I will discuss it with Adam Brewer tomorrow.  I can speak of the new organization of the department:  the full-time Director of Social Services has been eliminated.  There are two part-time positions:  social services and youth services.  The REACH position – no decision has been made.

 

Sandham told Vinood if they have more input; feel free to give it to Mr. Bastone or Mr. Brewer.

 

DISCUSSION ITEMS:

 

NO. 1 – DRAINAGE 8 AVALON DRIVE:  Bastone reported we have a letter from Mr. Pitti, 8 Avalon Drive, Montville, requesting that the existing drainage discharge be grandfathered with specific conditions.  Mr. Pitti was requested to be in attendance, but he is not here.  Barile stated Mr. Pitti was directed by my department to remove two pipes that he has draining to the road that takes the water from his roof leaders.  He makes the claim the pipes were there when he purchased the house – that he merely upgraded them because they were broken or deteriorated.  We really need him here to certify that.

 

Barile stated code requires that any new installations go through the storm sewer system and not through the curb to the road.  As far as going around town and forcing that situation on pre-existing situations, that is at your discretion.

 

Ron Masi, 10 Avalon Drive, Montville, stated the pipes were not there when he bought the house.  He installed them.  I had to comply with the town and put them in the sewers.  He should have to comply.  There are actually three pipes there, not two.  This has been going on for two years.  Nothing has been done. 

 

Hold item to August 10 meeting.  Mr. Barile will tell Mr. Pitti to attend and testify, or he has to comply and have the pipes relocated by that date.

 

NO. 2 – LIBRARY HANDICAPPED ACCESSIBLE DOORS:  Bastone stated the Library Board has determined that they are not going to replace the entire foyer and they ask the Township to concede with the installation of the handicap doors.  There are two estimates.  Right now, automatic door controls is the better proposal.

 

Sandham this started out as a project to upgrade the doors and make them handicap accessible.  At one point we submitted for an American Recovery and Reinvestment Act grant and received a grant for $38,000 for the doors.  The point was not to just make them handicap accessible but more accessible.  There was testimony before the Library Board that sliding doors similar to what is at the Senior House would make it more accessible for those people in wheelchairs especially.  We have a couple of proposals just to put automatic pads to open the doors and there is a total cost that is significantly less than $38,000.  Ultimately we would be able to do the library main doors as well as the Pio Costa Auditorium doors.  The Township Committee needs to decide if they want to do just the door pads or potentially do something a little bit better, but keeping within the $38,000.

 

Tom Mazzaccaro, Director of Public Works, stated sliding doors require a heat barrier.  They don’t operate very well.  A sliding door there in my opinion – the handicapped use would be very small.  I spoke to the Residents’ With Disabilities Committee Chairperson and she said she would like to do something similar to town hall.  Mazzaccaro stated sliding doors would be used by everyone.  That is not good – they slide off the tracks, etc.

 

Committeeman Kostka stated RDAC did talk about sliding doors a number of times.  There is the issue of the cost.  They would be quite happy with the push-button system.

 

Motion to go forward and award the contract as is for both sets of doors at a total cost not to exceed $12,000:  Braden.  Second:  Daughtry.  Discussion:  Mazzaccaro stated it also includes changing the saddles to low profile saddles.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2010 Municipal Budget:  Revenue title:  Community Development Block Grant $38,000.00.  Appropriation title:  Handicapped doors/Library $38,000.00.  Local Match - source:  None.  Motion:  Daughtry.  Second:  Kostka.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

DISCUSSION ITEMS:

 

NO. 3 – SALARY ORDINANCE – REPLACEMENT OF RETIREES:  Bastone stated there are new positions or changes in positions.  I have made my recommendation for salary ranges.  The changes are reflected in the ordinance on for introduction later in the meeting:

 

NO. 4 – DEP PIG (PLANNING INCENTIVE GRANT) APPLICATION:  Bastone reported they have the ability to submit a PIG application for additional funds.  Not only do we have the ability to make application for a new project, but we also have the ability to submit an application for old projects to reduce debt – five properties.  Right now we are talking about doing a letter putting the five properties in it.  There is a timeframe of two years to use the funds.

 

Motion to submit PIG grant application for $750,000 or the recommended maximum amount with the five properties included in the letter:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-27 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING THE AMOUNT OF $7,000 BE APPROPRIATED FROM THE OPEN SPACE DEDICATED TRUST FUND FOR THE PREPARATION OF AN OPEN SPACE AND RECREATION PLAN UPDATE WITH TRAILS PLAN:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 10, 2010, at 8 p.m.  Motion:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-28 APPROPRIATING $125,000 IN FUNDS RECEIVED FROM THE MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND TO SUPPLEMENT THE $31,250 APPROPRIATED IN SECTION 3(h) OF BOND ORDINANCE NO. 1229 FOR THE RECONSTRUCTION AND IMPROVEMENT OF THE MONTVILLE MUSEUM IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 10, 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 – ORDINANCE NO. 2010-29 AMENDING CHAPTER 169 ENTITLED “FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND AMENDING THE CREDIT CARD CONVENIENCE FEE:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 10, 2010, at 8 p.m.  Motion:  Nielson.  Second:  Braden.  Discussion:  Bastone stated the current rate of 2.5% is not covering expenses.  We need to raise it to 3%. 

 

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

 

NO. 4 – ORDINANCE NO. 2010-30 ESTABLISHING THE GRADE OF POSITIONS AND DETERMINING THE 2010 RATE OF SALARY, WAGE OR COMPENSATION OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, AND METHOD OF PAYMENT OF SUCH SALARY, WAGE OR COMPENSATION, UNDER THE DIRECTION OF THE RECREATION COMMISSION:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 10, 2010, at 8 p.m.  Motion:  Sandham.  Second:  Braden.  Discussion: Bastone stated this is identical to the existing ordinance except the first position was increased from $7 to $8 per hour.

 

Kostka asked what minimum wage is.  Vanderhoof stated $7.50.  Braden stated these fees are sustained by the programs themselves.

 

Kostka stated at the high end, if you analyze it out over a 52-week year on a 40-hour week, you are paying in excess of $100,000 for some of these positions.  A certified teacher you are paying $104,000.  Vanderhoof stated they are not working for the full year.  Kostka stated but if it was.  That’s the hourly rate.   Sandham stated this is changing one rate.

 

Bastone stated the bottom line is the rest of these already exist in the ordinance.

 

Sandham asked Mr. Kostka if he was proposing any amendments to the ordinance.  Kostka stated not at this time.

 

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

 

NO. 5 – ORDINANCE NO. 2010-31 AMENDING ORDINANCE 2010-23, AN ORDINANCE ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS FOR THE YEAR 2010:  Unrepresented.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 10, 2010, at 8 p.m.  Motion:  Braden.  Second:  Nielson.  Discussion:  Nielson asked if new employees hired in August or September 2010 will get a raise next year.  Bastone stated this ordinance does not address raises for next year.  If we want to look at some of these new hires with the provisions that this is going to be the salary for the balance of this year and 2011, we should make that decision and make it known.

 

Sandham asked that Section 2 a. be clarified to read that the 1.5% insurance contribution does not apply as long as the positions are part-time.

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA14:  Motion:  Nielson.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE #09-00010:

 

WHEREAS, Certificate of Sale #09-00010 was issued to Montville Township for delinquent taxes on Block 41 Lot 20 (5 Benefly Road), at a tax sale held on December 03, 2009; and,

 

                        WHEREAS, First American Tax Services, on behalf of the assessed owner, Etemadipour, Judith & Mansour has redeemed Certificate #09-00010 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 #09-00010 for cancellation.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT 2006:  Duplicate payment.  Block 151, Lot 32, 28 Garrity Terrace, $5,148.60.

 

CONSENT AGENDA ITEM C – RESOLUTION TO TRANSFER MISCELLANEOUS CONSTRUCTION GUARANTEE DEPOSITS TO THE GENERAL FUND:

 

WHEREAS, there are miscellaneous construction guarantee deposits that were posted prior to 1983; and

 

            WHEREAS, the Chief Financial Officer has made several 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 construction guarantee deposits that were posted prior to 1983 be cancelled of record and the funds transferred to the Current Fund as Miscellaneous Revenue:

 

11/1/81                        Colonial Woods                                  $1,217.00

1/31/81                        Foliage Plant                                       $1,308.00

1/31/81                        Hidden Valley Sec. 4                           $2,180.16

4/30/81                        Block 2, Lot 21                                    $3,000.00

7/31/81                        Progressive Builders                          $   500.00

10/20/81                      Fire Extinguishers                               $   500.00

10/20/81                      Dumpsters                                          $   360.00

10/28/81                      Fox Run                                              $3,157.56

10/28/81                      Additional Bonding                              $1,012.80

12/8/81                        Urmstrom                                            $   930.00

1/31/82                        Block 124.06, Lot 19                           $   350.00

1/31/82                        Block 126.06, Lot 23                           $   350.00

2/16/82                        Chapin Road                                       $3,943.08

9/30/82                        Block 124, Lot 5                                  $2,000.00

11/30/82                      7 Boonton Avenue                               $   500.00

10/31/82                      Road Opening                                     $   200.00

 

                                                                                                $21,508.60

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE RELEASE OF CASH BONDS POSTED WITH THE TOWNSHIP:

 

WHEREAS, certain cash bonds have been posted with the Township of Montville to secure the performance of obligations; and

            WHEREAS, the Engineering Department has verified that the improvements, the installation of which were secured by the cash bonds, have been installed in a satisfactory manner and has recommended the release of cash bonds.

            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 cash performance bonds shall be released:

 

NAME/LOCATION

 

TYPE OF BOND

AMOUNT TO BE

RETURNED

 

M. & L. Gelvan

P.O. Box 7

Montville, New Jersey

(1A Masar Road)

Block 3, Lot 65

 

 

 

 

Driveway

 

 

 

$14,000

E & S Maletos

92 Bell Street

Orange, New Jersey  07050-1511

(Block 139.06, Lot 19.04)

17 Konner Avenue

 

 

Driveway

Soil Stabilization

 

 

$2,600

$2,880

 

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION TO THE NJ DEPARTMENT OF COMMUNITY AFFAIRS – RECREATION OPPS FOR INDIVIDUAL WITH DISABILITIES 2011:  Corrected.

 

WHEREAS, the Township of Montville desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, for $17,455.90 state share with $4,364.10 local share for a for a total contract of $21,820.00 in 2011 to hire personnel to continue providing recreation programs for the disabled population of Montville Township and surrounding communities.

 

BE IT THEREFORE RESOLVED,

 

1)that the Township of Montville does hereby authorize the application for such a grant; and

 

2)recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of such funds pursuant to the terms of said agreement between the Township of Montville and the New Jersey Department of Community Affairs. 

 

BE IT FURTHER RESOLVED that the persons whose names, titles and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith:  James Sandham, Jr., Mayor; and Gertrude H. Atkinson, Township Clerk.

 

CONSENT AGENDA ITEM F – GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT:

 

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2009 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

 

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations;” and

 

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

 

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

 

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con­viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

 

NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Montville, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

CONSENT AGENDA ITEM G – RESOLUTION APPROVING EXTENSION OF GRACE PERIOD FOR PAYMENT OF TAXES DUE ON AUGUST 1, 2010:

WHEREAS, on July 14, 1994, Governor Christine Todd Whitman signed into law P. L. 1994, C. 72 allowing twenty five calendar days from the date the tax bills are mailed for payment of taxes; and

 

            WHEREAS, due to the delay in receiving the certified tax rate from the County for the year of 2010, tax bills will be mailed sometime after the mandatory date of July 16, 2010.

 

            NOW, THEREFORE, BE IT RESOLVED that the grace period for the August, 2010 quarter for tax collection only, has been extended to 25 days after the mailing of the tax bills.  As of this date, the date of mailing is unknown.  Tax bills will include a Notice of Extension of Grace Period if tax bills are mailed after the mandatory date of July 16, 2010.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2011 NJDOT LOCAL AID APPLICATION FOR THE RIVER ROAD & CHANGEBRIDGE ROAD IMPROVEMENT PROJECTS:

 

            WHEREAS, 2011 Local Aid Funds are available through the New Jersey Department of Transportation; and;

 

            Whereas, the Township Committee of the Township of Montville has identified the River Road and Changebridge Road as the Township’s priority projects for 2010.

 

            Now, therefore, be it resolved that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, formally approves the grant application for the above stated project.

           

            BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to submit electronic grant applications identified as MA-2011-Montville Township-00126 and MA-2011-Montville Township-00127, respectively, to the New Jersey Department of Transportation on behalf of the Township of Montville for the River Road and Changebridge Road projects.

 

            BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to sign the grant agreements on behalf of the Township of Montville and that their signature constitutes acceptance of the terms and conditions of the grant agreements and approves the execution of the grant agreements.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE ASSOCIATION OF NEW JERSEY ENVIRONMENTAL COMMISSIONS FOR THE PREPARATION OF AN OPEN SPACE AND RECREATION PLAN UPDATE WITH TRAILS PLAN:

 

            WHEREAS, the Township of Montville is in need of an updated Open Space and Recreation Plan that incorporates a Trails Plan; and

 

            WHEREAS, the Association of New Jersey Environmental Commissions offers funding opportunities for municipalities and nonprofit organizations; and

 

            WHEREAS, the Township has applied for and received a grant from the Association of New Jersey Environmental Commissions for $6,500 to prepare an updated Open Space and Recreation Plan that incorporates a Trails Plan.

 

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

 

            The appropriation officials are hereby authorized to execute a grant agreement between the Township of Montville and the Association of New Jersey Environmental Commissions for the preparation of an Open Space and Recreation Plan update that incorporates a Trails Plan in the amount of $6,500 with a required cash match of $7,000.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE LAND CONSERVANCY OF NEW JERSEY FOR THE PREPARATION OF AN OPEN SPACE AND RECREATION PLAN UPDATE WITH TRAILS PLAN:

 

            WHEREAS, the Township of Montville is in need of an Updated Open Space and Recreation Plan that incorporates a Trails Plan; and

 

            WHEREAS, the Township has received a grant from the Association of New Jersey Environmental Commissions for $6,500; and

 

            WHEREAS, the Township desires to award the contract for the preparation of the Open Space and Recreation Plan Update with Trails Plan to The Land Conservancy of New Jersey for services in the amount of $13,500.00.

 

            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 contract for services in connection with the Open Space and Recreation Plan Update with Trails Plan to the Land Conservancy of New Jersey for services in the amount of $13,500.00.

 

CONSENT AGENDA ITEM K – RESOLUTION TO ACCEPT THE CONVEYANCE OF A MODIFIED CONSERVATION EASEMENT FROM STEVEN N. SHARPE:

 

WHEREAS, Steven N. Sharpe is the owner of property known as 217 Brook Valley Road, Towaco, New Jersey (Block 24, Lot 16.01); and

            WHEREAS, the Township of Montville presently holds a Conservation Easement over a portion of this property which was conveyed to the Township by Deed dated September 20, 2006; and

            WHEREAS, it is necessary to relocate the Conservation Easement; and

            WHEREAS, Steven N. Sharpe has presented a Deed to the Township of Montville to transfer the modified Conservation Easement to the Township.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Township of Montville hereby accepts the modified Conservation Easement from Steven N. Sharpe in the form attached hereto and authorizes the appropriate municipal officials to execute the Easement.

 

CONSENT AGENDA ITEM L – RESOLUTION TO DONATE ABANDONED BICYCLES TO A CHARITABLE ORGANIZATION, NAMELY  “PEDALS FOR PROGRESS”:

 

WHEREAS, the Township of Montville is in possession of nine (9) bicycles which were abandoned in the years 2007, 2008 and 2009; and

 

            WHEREAS, no one has come forward to claim these bicycles and the cost to auction would exceed the amount received at auction.

 

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville agrees to donate these nine (9) bicycles to the organization “Pedals for Progress” who will repair and deliver them to underdeveloped countries.

 

CONSENT AGENDA ITEM M – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION 2010 BUDGET:  2010 Municipal Budget:  Revenue title:  New Jersey Highlands Council $54,454.75.  Appropriation title:  Highlands Plan Conformance Grant $54,454.75.  Local Match - source:  None.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPROVING CONSTRUCTION PLANS FOR THE VREELAND AVENUE ROAD IMPROVEMENT PROJECT AND AUTHORIZING ADVERTISING FOR BIDS:

 

WHEREAS, plans have been prepared for the Vreeland Avenue Road Improvement Project. This is a project to mill and resurface 0.46 miles of Vreeland Avenue from River Road to municipal boundary of Montville Township and the Town of Boonton, to be partially funded by a $150,000 NJDOT Municipal Aid Grant; and

            WHEREAS, plans have been reviewed by the Township Committee and the Committee has decided that it is appropriate to seek bids for the Vreeland Avenue Road Improvement Project

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 construction plans for the Vreeland Avenue Road Improvement Project are hereby approved; and it is further

            RESOLVED that the Township Administrator is hereby authorized to promulgate specifications for bids for the Vreeland Avenue Road Improvement Project.

 

Motion:  Braden.  Second:  Daughtry.  Discussion:  No conflict for Mrs. Nielson.  All in favor.  Resolution adopted.

 

NO. 2 – RESOLUTION CONFIRMING THE APPOINTMENT OF DEPARTMENT HEADS BY THE TOWNSHIP ADMINISTRATOR:

 

WHEREAS, recent retirements in the Township have resulted in the need to restructure and appoint new department heads in the Land Use and Finance Departments; and

            WHEREAS, the Township Administrator has appointed Anthony Barile as department head of the Land Use Department and Chris Corcoran as the department head for the Finance Department; and

            WHEREAS, the Township Committee desires to confirm these appointments.

            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 department head appointments by the Township Administrator are hereby confirmed:

 

                                    Department of Finance                       Chris Corcoran

                                    Department of Land Use                    Anthony Barile

 

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

 

NO. 3 – APPOINTMENT TO HOUSING COMMITTEE:  Appointment of William Lyon for an unexpired three-year term ending December 31, 2011.  Mr. Lyon in attendance this evening.  Motion:  Daughtry.  Second:  Nielson.  Discussion:  Nielson wanted to confirm that Mr. Lyon lives in Montville Township.  He replied yes.  All in favor.  Motion approved.

 

NO. 4 – APPOINTMENT TO RESIDENTS’ WITH DISABILITIES ADVISORY COMMITTEE:  Appointment of Gary Eisenhauer for an unexpired three-year term ending December 31, 2011.  Mr. Eisenhauer in attendance this evening.  Motion:  Daughtry.  Second:  Braden.  All in favor.  Motion approved.

 

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:  Sandham.  Second:  Braden.  Discussion:  Braden inquired about the expenditure to Tree King for $8,000.  Vanderhoof stated this was due to storm damage and was authorized by Mr. Mazzaccaro.  She will get further information.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry asked Mr. Murphy the status of looking into a cell tower ordinance.  Murphy stated they are working on it. 

 

Daughtry asked about status of Verizon/FIOS.  Bastone stated he spoke to Jim Bryce today.  He will speak to Mr. Daughtry about it.

 

Committeeman Kostka – no report.

 

Committeewoman Nielson asked if there is a charge attached to donating the bikes to Pedals for Progress.  Vanderhoof answered none.

 

Committeeman Braden stated other towns, such as Bloomingdale, are going to four-day workweeks.  Energy efficiency, etc.  Can we investigate?  Bastone stated he will look into it.

 

Chairman Sandham stated the next Township Committee meeting is August 10.  There is no meeting on August 24.

 

RESOLUTION NO. 2010-CES-072710B 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:  CMFO position; 32 Maple Avenue

2.      Personnel

 

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

 

At 9:55 p.m. – Closed session.  At 10:40 p.m. – Public Session.

 

Meeting adjourned at 10:40 p.m.  Motion:  Braden.  Second:  Nielson.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 13 October 2010 )
 
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