MTC Meeting Minutes 08/10/10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, August 10, 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 Don Kostka

                        Committeewoman Deborah Nielson

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Absent:            Committeeman Art Daughtry

 

Also present:   Frank Bastone, Township Administrator

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-081010 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:  Wildlife Preserves; Temporary CMFO

2.      Personnel

3.      Litigation:  Zimmerman

 

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

 

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

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Kostka.

 

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:

 

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

 

Nielson stated this is modifications to the current ordinance to make it a better ordinance.  It has been reviewed by the Planning Board, Township Engineer, and Planning Board Engineer.

 

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

 

NO. 2 – 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:

 

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

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

 

NO. 3 – 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:

 

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

 

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

 

NO. 4 – 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:

 

Chairman Sandham opened the public hearing.

 

Steve Chang, 24 Brittany Road, Montville, asked if he can pay for a permit by credit card.  Frank Bastone, Township Administrator, stated no, only certain fees are payable by credit cards – taxes and recreation.  The 2.5% was not covering the fees the credit card companies are charging us.  We are increasing the fee to 3% to cover this.

 

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

 

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

 

NO. 5 – 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:

 

Chairman Sandham opened the public hearing.  Sandham stated all this ordinance is changing is the playground counselor from $7 to $8 per hour.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated the 2010 budget states $186,581 appropriation in recreation salaries.  Other than the director’s salary, how many salaries does this include?

 

Bastone stated the appropriation for the Recreation Department is $144,169.  This covers two salaries – Recreation Director and Recreation Supervisor.  The recreation summer program is covered under the Recreation Trust Fund.  It is paid for by user fees.

 

Quatrone stated so none of the part-time coaches, teachers, etc. are in that budget?  Bastone replied that is correct.

 

Chin Ho, 28 Clifford Drive, Towaco, asked is this for full-time or part-time employees?  Bastone stated part-time, no pension, no health benefits.  Chin asked if they advertised in the paper.  Sandham stated yes, probably The Daily Record.  Chin stated part-time is paid $50 per hour; full-time can make up to $100,000.  Sandham stated I understand your math.  These are temporary, part-time positions.  That is the range that could be paid.  Not all on the staff are making $50 per hour.  Chin stated are we overpaying those teachers?  I pay a lot of tax on my house.  Maybe I should apply for the part-time job.  I am qualified.

 

Committeeman Braden stated all of these teachers are paid out of the trust fund – the people who use the program.  It is not taxpayer funding.

 

Committeewoman Nielson stated perhaps we could take this offline.  There are a number of courses, and they are online and on display in the municipal building. 

 

Chin stated I know qualified teachers who are looking for jobs. 

Nielson stated most of our jobs are posted on the website.  Bastone stated or we can direct them to Mrs. Witty.

 

Steve Chang asked for further explanation of the trust fund.  Bastone stated the money paid to participate in the programs is put into a recreation trust fund.  The expenses for the programs are paid out of the trust fund. 

 

Chang asked if that includes the baseball lights.  Bastone stated the Township does pay for the electricity.  We collect a fee, but it does not cover 100% of it.  It covers some portion of it.  Braden stated the electricity for the River Road fees are paid 100% by the users.  We are working toward covering all 100%. 

 

Sandham stated they do have to provide some services to the taxpayers – recreational opportunities. 

 

Chang asked about plans for tennis courts.  We have money to pay for lights, but not money for more tennis courts.  Nielson stated there is a master plan for tennis courts on Township land behind Barry’s Pharmacy.  Sandham stated in the last 3 to 5 years we have been moving toward charging individual costs to the programs – such as electricity.  We are not 100% yet, and I am not sure we should ever get to 100%.  My example to you would be is that everyone bears a portion of the school system – it is funded into the total tax rate.  Everyone bears a portion of the recreational fields in town.  It is part of being a resident in Montville.

 

Truscha Quatrone asked for an accounting of how many teachers, certified or experienced, are making this $30 to $50 per hour.  I think the public should know, because this is a huge chunk of money.

 

Braden stated this ordinance is only changing one position from $7 to $8 per hour.

 

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

 

Motion to adopt ordinance:  Braden.  Second:  Nielson.  Discussion:  Nielson stated I just want to reiterate that this is being paid by the fees.  To answer Mr. Chang – while the lights are not covered 100%, there are volunteers that maintain the fields by mowing them, etc.  We try to balance the entire picture. 

 

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

 

NO. 6 – ORDINANCE NO. 2010-31 AMENDING ORDINANCE NO. 2010-23 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS FOR THE YEAR 2010:  Unrepresented.

 

Chairman Sandham opened the public hearing.  Sandham stated this is not setting the salary of any specific employee.  This is establishing ranges for administrative purposes.  This ordinance has to do with certain retirements.  Mr. Bastone did prepare an analysis with the ranges and the salary of the outgoing person.  Bastone distributed.  Sandham stated for example, the Chief Financial Officer range is $65,000 to $85,000.  The incumbent’s salary was $102,000. 

 

Rusi Ghandi, 56 Ridge Drive, Montville, asked – the 2010 salary is who retired.  Sandham stated yes, they retired as of August 1.  Ghandi asked about Section 2 – 1.5% giveback health benefits.  Sandham stated that is something we added into the contracts – before they weren’t contributing anything.   Ghandi asked if these are union positions.  Bastone stated all are nonunion positions.

 

Mike O’Brien, 92 Pine Brook Road, Towaco, asked if you need certification to be the Land Use Administrator.  Bastone stated yes, and so does a principal planner. 

 

O’Brien asked if there will be a high market for this position in this range.  Bastone stated yes, we have resumes.

 

Quatrone asked if the previous CFO was a certified municipal accountant.  Bastone answered no.  She was a CMFO, as required by State law.

 

Quatrone asked if the new person will be required to be certified.  Bastone answered yes, or they will be required to get the certification in 2 to 3 years.  Quatrone asked how many people are under the CMFO.  Bastone replied it is 3 departments – 8 or 9 people.

Prithvi Jain, 9 Brittany Road, Montville, stated the committee is doing a great job – reducing the salaries.  What criteria were used to create the ranges?  Bastone stated by what is out in the marketplace.  I would say they are lower than neighboring towns. 

 

Braden stated we are taking advantage of the economic times and are able to lower the salaries.

 

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

 

Motion to adopt ordinance:  Nielson.  Second:  Kostka.  Discussion:  Braden stated he would like to propose an amendment to the salary range of the Secretary.  Change the range from $35,000 to $50,000 to $25,000 to $40,000. 

 

Bastone stated he has no problem with the number, but we should have done this at introduction.  My suggestion is to adopt the ordinance and then introduce a new ordinance with the amendment. 

 

Braden asked if the job description changes from the retired individual to the perspective employee.  Bastone stated yes.  The job description being used is from a classified to an unclassified executive position, because you have other employees who hold the existing title.  So you can’t change the salary range of the existing title.  Responsibilities will change – an equivalent amount.

 

Sandham stated he would like to follow the recommendation to adopt this ordinance and then introduce a new ordinance with the amendment.

 

Nielson stated she would suggest no raises in 2011 as they will only be working for three months or so.  Bastone stated he agrees with that.  The 2011 budget will not provide for raises.

 

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

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the animal shelter status.  He referred to the architect’s memo as to the status of the project so we can mobilize for the construction of a new animal shelter.  Reminder – there is a capital contribution from each municipality who uses the shelter.  Do you want to start the mobilization with the full Township Committee or with a subcommittee – Braden and Daughtry?  Township Committee present agreed – subcommittee.

 

Bastone reported he had a discussion with NJDOT about a proposed fence on Route 46.  In 2007, the Township Committee discussed this, and it was supposed to be a cable-type guardrail.  We have the DOT’s agreement that nothing it going to be constructed until the Township Committee has had a chance to discuss. 

 

PSE&G new transmission line project – there are delays due to the National Park Service.  The park service has come up with a number of alternative routes.  Alternatives 6 and 7 would no longer have the transmission lines go through Montville.  It would go along the Route 80 corridor.  Bastone distributed a map of the alternative routes.  Bastone stated we do have a settlement agreement with PSE&G.  I asked Mr. Murphy to look at it to see if that agreement would preclude us from advocating the alternate routes.

 

Martin Murphy, Township Attorney, stated he took a look at it, and he has some concern as to whether or not we should take an official position.  Each individual committeeperson can comment on it if they wish.

 

Nielson requested a copy be provided to the Board of Education.

 

ATTORNEY:  Murphy reported they successfully closed on the Starkey property last week with the assistance of Adam Brewer.

 

FINANCE:  No report.

 

ENGINEER:  Anthony Barile, Township Engineer, reported the County held a preconstruction meeting for the drainage project at Whitehall Road and Route 202.  They will probably start the project next week.  Sandham requested it be put on the website.

Barile reported they have verbal approval from the State for the Rathbun Road culvert.  That is a joint project with the County.  Montville’s funds will be paid for by developer’s contributions. 

 

Senior House handicap spaces – we will be working with the DPW on adding four additional handicap spaces.

 

Nielson asked if the drainage project will require lane closures.  Barile stated he is sure it will.  The County will have the message boards out.  The paving will only take a couple of days.

 

COMMITTEE REPORTS:

 

Chairman Sandham stated a drought watch has been in the paper.  The report from Water & Sewer is that our aquifer level is good.  We will not have any concerns at this point in time.

 

DISCUSSION ITEMS:

 

NO. 1 – DRAINAGE 8 AVALON DRIVE:  Bastone reported this was extended to this meeting because the owner was absent last meeting.  He is on vacation this meeting. 

 

Barile stated he spoke to him and he asked if it could be extended as he will be on vacation.  I also told him he could remove the pipes.  They have not been removed. 

 

Nielson asked why is this before the Township Committee?  Are we making a policy decision?  We have conflicting statements.  Bastone stated it is here because we have conflicting statements. 

 

Barile stated he has no problem letting the Municipal Judge sort it out.  Township Committee present agreed.

 

NO. 2 – 2010 ROAD RESURFACING:  Barile reported the intent is to go out to public bid to see if we can do better than the co-op.  I have an additional six roads if we can do better.  We have been developing a list for curb repair as well.

 

Nielson asked if Church Lane, Montville, is going to be paved.  Barile stated that is on our list for a possible DOT grant this year or next year.

 

Township Committee present – ok, move forward.

 

NO. 3 – REVALUATION:  Bastone stated they need to pass an emergency appropriation according to State statute to provide for a revaluation.  The Township Committee has authorized a revaluation.  The schedule is to get proposals from certified revaluation firms and award a contract this fall.  We need to provide for the funding over five years.  The estimated cost is $500,000.  $100,000 each year for the next five years.  The County tax board monitors the ratios and they start discussing with the municipalities to initiate revaluation.  He explained the revaluation process.

 

Ghandi stated the market value has gone down.  Who determines the values?  Bastone stated a company that is certified by the State of New Jersey.

 

Ghandi stated 1998 was the last revaluation.  Who determines how often?  Sandham stated it is when the value goes down 50%.  The County sends us a letter that we have to do a revaluation.

 

Ghandi asked Montville pays for it?  Bastone answered yes.

 

NO. 4 – PSE&G TEMPORARY ACCESS:  Bastone stated we have three access agreements for construction of the lines (Township property).  They are asking for an additional one off of Boonton Avenue – also Township property.  Township Committee present – ok.  Bastone stated he would also suggest reminding them about the piece of property we want to purchase in reference to the Changebridge Road extension.  Township Committee present – ok.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Truscha Quatrone, 4 Majorca Road, Towaco, asked about the application going to Green Acres or PIG.  2010 budget Green Trust – what is that?  Bastone stated the grant letter is going to the DEP PIG (Planning Incentive Grant). 

 

Sandham stated the Green Trust loans are previous low interest loans for the purchase of open space. 

Quatrone asked going back to the first question; did you confirm that the grant can be used for the repayment of debt?

 

Ghandi asked are you going to bid for the revaluation company?  Bastone stated there is a request for proposals.

 

Sandham stated the revaluation will occur in 2011 and affect tax bills in 2012.  The Township has to pay for the revaluation.  We will not get grant money.  Approximately $500,000 spread out over five years.

 

Terri Chan, 24 Brittany Road, Montville, stated there are 7,000 residences in towns.  $500,000 seems like a lot.  Sandham stated it includes businesses and vacant land also.  It also includes the appeal process.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated thank you for putting the ordinances on the website. 

 

Steve Chan asked if there are any tax appeals on the agenda.  Sandham replied consent agenda items H and J are tax appeals.  Chan asked if you publish the tax appeals.  Sandham stated we are still in the process of this year’s tax appeals.  There are still some open from 2009 and 2008.

 

Bastone stated there were 110 appeals this year.  Chan asked the percentage of appeals that got a reduction. 

 

Sandham stated they don’t have that number.  Partly because they cross year to year.  Some of the appeals are from different years.

 

John Petrozzino, 18 Douglas Drive, Towaco, asked instead of paying $500,000, why don’t we just evaluate the 110 houses?  Murphy stated by law, we are not allowed to do that.  The County Board of Taxation controls it all.

 

Sandham stated to make it fair and uniform, the County makes us do the whole town.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-32 AUTHORIZING AN EMERGENCY APPROPRIATION N.J.S. 40A:4-53 FOR THE PURPOSE OF THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR IN THE AMOUNT OF $500,000:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 14, 2010, at 8 p.m.  Motion:  Braden.  Second:  Kostka.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved

 

NO. 2 – ORDINANCE NO. 2010-33 AMENDING ORDINANCE NO. 2010-31 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS FOR THE YEAR 2010:  Unrepresented – Secretary.

 

This ordinance is amending Ordinance No. 2010-31:  Secretary salary range amend to $25,000 to $40,000 and eliminate Section 2a.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 14, 2010, at 8 p.m.  Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA15:  Motion:  Braden.  Second:  Nielson.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:

 

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

 

J. & D. Martin

14 Pepper Road

Towaco, New Jersey

(Block 115, Lot 5)

 

 

 

 

Soil Stabilization

 

 

 

$2,500.00

S. & R. de Szendeffy

24 Redding Place

Towaco, New Jersey

(Block 109, Lot 44.1)

 

 

 

Soil Stabilization

 

 

 

$700.00

D. & L. Fall

4 Ryan Court

Towaco, New Jersey

(Block 102, Lot 4.13)

 

 

 

Soil Stabilization

 

 

 

$1,400.00

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

 

CONSENT AGENDA ITEM B – RESOLUTION RELEASING AVTECH – BLOCK 176, LOT 15, PINE BROOK POST OFFICE – FROM PERFORMANCE GUARANTEE:  Cash $5,001.60.  PMISC 99-3.

 

CONSENT AGENDA ITEM C – RESOLUTION RELEASING INTERGROUP MANAGEMENT – BLOCK 131, LOT 20.01, RIVER ROAD – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Intergroup Management, the developer of property known as Block 131, Lot 20.01 (River Road), has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be 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 Intergroup Management in the form Performance Bond No. CSC-50395 issued by Colonial Surety Company in the amount of $50,000.00 shall be released; and

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

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING A REDUCTION IN PERFORMANCE GUARANTEE – SARRA CONSTRUCTION – BLOCK 78, LOTS 5 & 6, CHESTNUT STREET:

 

WHEREAS, a Performance Guarantee was issued in the form of a Performance Bond in the amount of $63,108.00 and cash in the amount of $6,310.80 to the Township of Montville on behalf of Sarra Construction, the developer of a development known as Block 78, Lot 5 & 6 (Chestnut Street); and

            WHEREAS, Sarra Construction has requested that the Township accept a bond reduction of the cash bond from $6,310.80 to $1,893.24 and the Performance Bond from $63,108.00 to $18,932.00, which is the current amount required for posting.

            WHEREAS, by memorandum dated June 9, 2010, the Land Use Administrator has reviewed the request for a reduction and has recommended that the Performance Guarantee be reduced.

            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 accepts a reduction in the Performance Guarantee on behalf of Sarra Construction from cash in the amount of $6,310.80 to $1,893.24 and Performance Bond from $63,108.00 to $18,932.00.  An amount of $168.88 is due to the Township for escrow shortfall and shall be deducted from the cash portion being returned so that $168.88 shall be paid to the escrow account and $4,248.68 released.

 

CONSENT AGENDA ITEM E – RESOLUTION RELEASING THOMAS S. MAROTTA – BEAR ROCK PHASES II AND III – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Thomas S. Marotta, the developer of property known as Bear Rock Phases II and III (Block 1, Lot 11 – High Mountain Road), has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be 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 Thomas S. Marotta in the form of Performance Bond No. S04851 issued by First Indemnity of America Insurance Company in the amount of $113,280.00 shall be released and cash in the amount $10,936.68; and

           

BE IT FURTHER RESOLVED that the balance of the cash bond being held in an amount of $391.32 shall be released to the Township of Montville for outstanding escrow moneys due and owing; and

 

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

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE RETURN OF VARIOUS ESCROWS, SOIL REMOVAL ESCROWS AND CONSTRUCTION GUARANTEES;

 

            WHEREAS, various escrows, soil removal escrows and construction guarantee balances have been open on the Township records from the years 1989 through 2003; and

 

            WHEREAS, all work has been completed on these projects and Land Use and Engineering have reviewed these lists and have no open items; and

 

            WHEREAS, the Township Auditors have recommended that these escrow balances be reviewed and cleared of record, as follows:

 

Longview/Skyview       Soil Removal Escrow             $   2,409.00

                                    Developers Escrow                        446.92

                                    In House Engineering                 52,062.84

                                    Construction Guarantees           95,408.89

 

            NOW, THEREFORE, BE IT RESOLVED, that the above amounts be retuned to the respective developers as listed above.

 

CONSENT AGENDA ITEM G – 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 125.2 Lot 22     

163A Pine Brook Road

Lien Redemption Certificate #09-00036                                                         $636.18

To:  J.N. Properties

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING REFUND OF VARIOUS 2010 TAX OVERPAYMENTS – TAX APPEALS:

 

WHEREAS, The MORRIS COUNTY BOARD OF TAXATION has entered judgments on appeals filed by taxpayers in the Township of Montville; and

 

 WHEREAS, the judgments reduced assessments and cancelled tax creating an overpayment of taxes for the year 2010;

 

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

                                            

Block 1 Lot 11.56

High Mountain Drive

Marotta, Thomas S.                                                                            $368.22

 

Block 114 Lot 4

58 Peace Valley Road

Riola, Michael J & Christine                                                                $149.35

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING REFUND OF 2010 TAX OVERPAYMENT:  Duplicate payment.  Block 82.8, Lot 21, Chase Home Finance, LLC, $3,180.13.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING REFUND OF 2009 TAX OVERPAYMENT – TAX APPEAL:

 

WHEREAS, The TAX COURT OF NJ has entered judgment on appeals filed by taxpayers in the Township of Montville; and

 

 WHEREAS, the judgment reduced assessments and cancelled tax creating an overpayment of taxes for the year 2009;

 

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

                                              

Block 32 Lot 15.1

54 Indian Lane East

54 East Indian Lane LLC                                            2009                $29,698.05

 

CONSENT AGENDA ITEM K – RESOLUTION OF THE TOWNSHIP OF MONTVILLE AUTHORIZING AN INCREASE OF THE BID THRESHOLD:

 

WHEREAS, the State of New Jersey has, effective July 1, 2010, adjusted the bid threshold for awarding contracts pursuant to the Local Public Contracts Law and has given local contracting units the ability to increase the bid threshold up to $36,000 in municipalities with a Qualified Purchasing Agent; and

            WHEREAS, the Township has appointed a Qualified Purchasing Agent in accordance with N.J.A.C. 5:34-5 et seq.; and

            WHEREAS, the Township desires to take advantage of the increased bid threshold.

            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 hereby increases its bid threshold to $36,000.

 

CONSENT AGENDA ITEM L – RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MONTVILLE TOWNSHIP LITERACY FOUNDATION, INC.:

WHEREAS, the Montville Township Literacy Foundation, Inc. has offered a grant to the Township of Montville in the sum of $16,500.00 for the conduct of a program of instruction and training in English as a Second Language for the sole benefit of individuals residing, working, or worshiping within the Township of Montville; and

            WHEREAS, the terms and conditions of the grant are contained in correspondence dated July 14, 2010 from David C. Dixon, Esq., counsel for the Montville Township Literacy Foundation, Inc.; and

            WHEREAS, the Township of Montville desires to accept the grant.

            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 letter agreement between the Township of Montville and the Montville Township Literacy Foundation, Inc. accepting a grant of $16,500.00.

CONSENT AGENDA ITEM M – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2011 MUNICIPAL ALLIANCE PROGRAM GRANT APPLICATION TO THE COUNTY OF MORRIS:

 

WHEREAS, 2011 Governor’s Council on Alcoholism and Drug Abuse funds are available through the County of Morris; and

 

            Whereas, the Drug Awareness-Municipal Alliance Council and the Township Committee wishes to continue to participate in the County’s Municipal Alliance Program;

 

            Now, therefore, be it resolved by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, as follows:

           

            The appropriate officials are hereby authorized to execute and submit the 2011 Municipal Alliance Program application for $14,800 to fund Moving Ahead ($3,000), REACH ($2,500), Red Ribbon Week ($3,000), Parenting Programs ($1,500) Just Say No Week ($1,800), and Teen Center Activities ($3,000).  The required cash match of $3,700 will be allocated as follows: $925 for Moving Ahead, $925 for REACH, $925 for Parenting Programs and $925 for the Teen Center.

 

CONSENT AGENDA ITEM N – RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ANTON COMPANY:

 

WHEREAS, Anton Company received preliminary/final site plan approval as well as various variance relief from the Board of Adjustment of the Township of Montville for property known as Block 181, Lot 1 and also known as 91 Route 46, by Resolution adopted on January 3, 2008; and

           

WHEREAS, the approval required that Anton Company enter into a Developer’s Agreement with the Township of Montville; and

           

WHEREAS, Anton Company did enter into a Developer’s Agreement with the Township of Montville dated May 27, 2008; and

           

WHEREAS, paragraph 18 of the Developer’s Agreement requires that the improvements required to be completed under the Developer’s Agreement be completed within the three year period commencing with the date of the Resolution of approval; and

           

WHEREAS, Anton Company applied for and was granted an extension of time by the Board of Adjustment by Resolution dated August 5, 2010, which granted them an extension until October 3, 2011; and

           

WHEREAS, Anton Company has requested that the Developer’s Agreement be amended to provide for additional time for completion based upon the extension on the approval granted by the Board of Adjustment; and

           

WHEREAS, the Township of Montville agrees that the request to extend the period of time for completion of various improvements is reasonable in light of the extension granted by the Board of Adjustment.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Amendment to Developer's Agreement between the Township of Montville and Anton Company in the form attached hereto.

 

CONSENT AGENDA ITEM O – APPROVAL OF BLOCK PARTY – 5 INDEPENDENCE COURT, MONTVILLE:  09/25/10.  Rain date 09-26-10.

 

CONSENT AGENDA ITEM P – RESOLUTION CALLING ON THE STATE LEGISLATURE AND THE GOVERNOR TO ENACT PROPERTY TAX REFORM WITH PASSAGE OF THE “MUNICIPAL TOOL KIT” AND MANDATES RELIEF:

 

WHEREAS, difficult times demand difficult choices, and facing an unprecedented revenue gap this year, Governor Christie introduced, and the Legislature passed, a budget that cut municipal property tax relief funding by approximately $450 million, from last year’s already reduced totals; and

 

WHEREAS, realizing that a 20% cut in revenue replacement funding, instead of the statutorily required increase, would present a serious challenge to local budget makers,  Governor Christie intended to provide local officials with meaningful tools to limit the otherwise devastating impact of the cuts; and

 

WHEREAS,  the Governor’s “Tool Kit to Meet Today’s Fiscal Challenges” would accomplish six objectives: collective bargaining reform; pension and benefits reform; civil service reform; management reform; a constitutional cap on increases in spending for direct State government services; and a constitutional cap on property tax increases; and

 

WHEREAS, Governor Christopher Christie and the State Legislature have agreed on and enacted a 2% statutory cap  for  annual property tax levy increases; and

 

WHEREAS, the Governor was correct when he said, ‘New caps without the toolkit are unworkable.’ and

 

WHEREAS, with the cuts assured in the State’s new budget and with bi-partisan agreement reached on new property tax caps, New Jersey Mayors and local governing bodies still wait for Trenton policy makers to enact meaningful local government cost containment reforms; now therefore be it

 

RESOLVED, that the Township Committee of the Township of Montville calls for immediate passage of the “Toolkit” reforms and mandates relief, including, but not limited to interest arbitration reform, civil service reforms, public employee pension and benefits, disciplinary procedures, school and special district elections, reforms to the Fair Housing Act and the Council on Affordable Housing and mandates relief; and 

 

BE IT FURTHER RESOLVED, that statutory arbitration reforms must limit the full economic impact of awards to conform to the 2% cap; and

 

BE IT FURTHER RESOLVED, that statutory Health benefit reforms must conform future health benefit costs to the 2% cap; and

 

BE IT FURTHER RESOLVED, that municipal revenues, such as the Energy Tax, which are now collected by, and diverted to, the State, but which are legally intended for municipal property tax relief, must be constitutionally dedicated for their original purpose; or in the alternative, those taxes should be reformed to allow collection directly by municipalities; and

 

BE IT FURTHER RESOLVED, that the Administration and Legislature must advance immediate mandates relief initiatives to assist municipalities in managing within the 2% cap; and

 

BE IT FURTHER RESOLVED, that the Administration and Legislature must advance reforms to the Fair Housing Act and the Council on Affordable Housing (COAH); and

 

BE IT FURTHER RESOLVED, that a cap exception for the costs associated with tax appeals should be included, and costs mandated by the Administrative Office of the Courts (AOC) should be excepted from the 2% cap or the costs of new AOC mandates should be capped at 2%; and

 

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator - Joseph Pennacchio, to our two Representatives in the General Assembly - Assembly Minority Leader Alex DeCroce and Assemblyman Jay Webber, and to the New Jersey League of Municipalities.

 

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND LADDEY, CLARK & RYAN:  Legal services Lotta Lettuce litigation.  Not to exceed $12,500.00.  As per proposal dated 08/04/10.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING PAYMENT TO OMLAND ENGINEERING ASSOCIATES INC. FOR COURTESY REVIEW OF STARKEY SUBDIVISION:

 

WHEREAS, the Township of Montville is in need of engineering review services in connection with the Starkey acquisition (Block 59.1, Lot 5 and Block 76, Lot 15.2); and

            WHEREAS, a review and report is necessary to accomplish the minor subdivision to ensure it is appropriately completed; and

            WHEREAS, the Township shall pay Omland Engineering Associates, Inc. $337.50 for the necessary review and report.

            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 Omland Engineering Associates, Inc. be paid $337.50 for the necessary review and report to accomplish the minor subdivision in connection with the Starkey acquisition (Block 59.1, Lot 5 and Block 76, Lot 15.2).

 

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

 

NO. 3 – RESOLUTION CONSENTING TO THE CONNECTION OF CERTAIN PROPERTIES IN THE BOROUGH OF LINCOLN PARK TO THE SANITARY SEWER SYSTEM OF THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, the Township of Montville owns and operates a sanitary sewerage system for the disposal of sanitary sewer of its residents; and

            WHEREAS, the Borough of Lincoln Park also operates a sanitary sewerage system for the disposal of sanitary sewage of its residents; and

            WHEREAS, in the area of Fidelian Way and Eugene Circle, while Lincoln Park does not have sanitary sewer facilities or service available, Montville does have such services to its residents in proximity to the Lincoln Park residents; and

            WHEREAS, two owners of single family residences in Lincoln Park have requested permission to connect their single family dwelling units to the sanitary sewer system of Montville, said properties specifically identified as 26 Eugene Circle (Block 2.1, Lot 1 on the Official Tax Map of the Borough of Lincoln Park) and 18 Fidelian Way (Block 2, Lot 2.6 on the Official Tax Map of the Borough of Lincoln Park); and

            WHEREAS, Montville is amenable to allowing such connection under the terms and conditions as set forth by Montville, which includes, among other things, the consent of Lincoln Park for said connection; and

            WHEREAS, Lincoln Park has consented to the connections; and

            WHEREAS, Montville approves of the connections subject to the terms and conditions set forth in this Resolution.

            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 consents to the connection of 26 Eugene Circle (Block 2.1, Lot 1 on the Official Tax Map of the Borough of Lincoln Park) and 18 Fidelian Way (Block 2, Lot 2.6 on the Official Tax Map of the Borough of Lincoln Park) both located in Lincoln Park, to the sanitary sewer system of the Township of Montville, subject to terms and conditions set forth in a written Agreement between the property owners and the Borough of Lincoln Park.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AND MAINTENANCE AGREEMENT BETWEEN ROBERT REIS AND THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, Robert V. Reis has notified the Township of Montville of a severe drainage issue on his property impacting the municipal drainage system and has requested that the Township construct certain improvements on his property in order to alleviate the drainage concerns; and

            WHEREAS, the Township of Montville has agreed to make certain improvements on the property subject to the agreement by Mr. Reis to maintain all improvements in the future; and

            WHEREAS, Mr. Reis has granted to the Township a Construction Easement to allow for the construction of the improvements and an agreement whereby he agrees to maintain any and all improvements made by the Township of Montville on his property.

            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 a Temporary Construction Easement and Maintenance Agreement between Robert Reis and the Township of Montville in the form attached hereto.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 6 – APPROVAL OF BLOCK PARTY 18 KRISTEN COURT, TOWACO:  09/03/10.  Rain date 09/04/10.  Motion:  Nielson.  Second:  Braden.  All in favor except Daughtry – absent.  Motion approved.

 

COMMITTEE REPORTS:

 

Committeeman Kostka stated the question was raised earlier about the grant money and could it be used for debt pay down (DEP PIG funds)?  Is that true? 

 

Bastone stated it is my understanding that it is, but I failed to check on that after last meeting.  I will check on.

 

Committeeman Braden stated he attended the Library Board meeting.  A number of keys to the building are outstanding with former trustees.  There was talk of changing the locks or including a swipe card system into the new doors project – using the grant money.  Bastone stated he will check into that.

 

Chairman Sandham stated they had talked about naming some venue in town after former Mayor Fred Eckhardt. 

 

Township Committee members to get Mr. Bastone a list of their suggestions.  Clerk will send a reminder e-mail.

 

Meeting adjourned at 10:05 p.m.  Motion:  Nielson.  Second:  Kostka.  All in favor except Daughtry - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 13 October 2010 )
 
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