MTC Minutes 09-14-10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, September 14, 2010, 7:00 p.m.

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

 

7:00 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman James Sandham, Jr.:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Roll call Township Committee:

 

Present:          Committeeman Art Daughtry (arrival 7:10 p.m.)

Committeeman Don Kostka

                        Committeewoman Deborah Nielson

                        Committeeman Tim Braden

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Adam Brewer, Management Specialist

Robert Oostdyk, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-091410 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.      Property Acquisition:  Changebridge Road extension

2.      Personnel

3.      Potential Litigation:  O’Dowd

4.      Litigation:  Zimmerman; Tax Appeal – Novin; Verizon

 

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

 

At 7:00 p.m. – Closed Session.  At 8:10 p.m. – Public Session.

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

Chairman Sandham announced that last night the Township Committee was presented with a big check for $237,000 by the Library Board of Trustees.  This represents 50% of 2009 surplus, which is being given to the Township.

 

PRESENTATION OF BIG CHECK BY THE MORRIS COUNTY FREEHOLDERS:  Freeholder Director Gene Feyl and Freeholders Bill Chegwidden, Jack Schrier, and Margaret Nordstrom presented the Township with a big check in the amount of $2,010,000 for the Starkey property acquisition.  This is preserving over 50 acres for open space.  Members of the Open Space Committee were also present.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2010-32 AUTHORIZING AN EMERGENCY APPROPRIATION NJS 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:

 

Chairman Sandham opened the public hearing.  Sandham stated this is going to fund the revaluation the County is requiring us to do.  It will take place in 2011.

 

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.   Discussion:  Committeewoman Nielson stated the budget amount is $500,000.  We have not entertained bids yet.  If they come in over $500,000, will we do another supplemental ordinance?

 

Frank Bastone, Township Administrator, replied yes. 

 

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

 

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:  Secretary.

 

Chairman Sandham opened the public hearing.  Sandham stated this is lowering the salary range for a position.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Nielson.  Second:  Daughtry.  All in favor.  Motion approved.

 

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

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported a meeting has been scheduled with the NJDOT to review the proposed Route 46 median fence. 

 

Bastone reported they received a request for rezoning from the owners of the Marketplace property.  Township Committee all agreed – refer to the Planning Board.

 

ATTORNEY, FINANCE, AND ENGINEER:  No reports.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Russ Pisano, 8 Coppola Court, Montville, reported he sent a request to the Township to take over Coppola Court.  They have improved the road – cul-de-sac, Belgium block, sanitary sewers, and easement for a water line.  They also donated six acres for a conservation area.  They are requesting the Township take over the street for snow removal.  Other streets that get Township snow removal are not up to Township standards.  Also, requesting release of a performance bond. 

 

Bastone stated the performance bond is under review in the Engineering Department.  The petition and letter have been received.  They are under review in Engineering and by Mr. Omland (Planning Board Engineer).  The issue of snow removal – I am aware that the Township has in the past snowplowed unaccepted streets. 

 

Nielson stated she would want to hear what our Engineer has to say.  Sandham stated it has to finish going through the administrative process. 

 

Bastone will check with Mr. Barile and get back to Mr. Pisano.

 

Angela Pisano, 8 Coppola Court, Montville, asked why couldn’t you do the snow removal?  Our neighbors are hassling us.  There are, we think, about 12 streets in Montville that are being plowed.  Why was it acceptable in the past?

 

Bastone stated he did not know the answer to that.  I am very familiar with your situation.  The Land Use Board approved this as a private road and private development.  I do know that in prior years there are private roads that the Township has plowed.  I don’t think we should go forward doing that.  Sandham stated there could have been prior developer’s agreements for that.  We don’t know what is in those agreements. 

 

A. Pisano stated we have spent a lot of money there over and above what was required of us.  It is a very stressful situation for us.  The Planning Board approval was two years ago.  Seven property owners are affected. 

 

Sandham stated let the process take its course.  I have asked the Administrator to do so in an expeditious manner.

 

Steve Samitt, Changebridge @ Montville, asked what the discussion in closed session was about regarding Changebridge Road extension.  Bastone stated this involves the Township possibly acquiring a piece of property owned by a power company under the power line on the other side of Route 202.  Sandham stated we are looking at that to facilitate extending Changebridge Road if we ever get to that process. 

 

Barbara Hertz, 77 Orchard Drive, Towaco/Lincoln Park, spoke about a health concern regarding genetically modified food.  Some municipalities are doing ordinances.  She would like to do a ten-minute presentation.  Sandham asked what jurisdiction this would be.  Hertz responded it is a zoning matter.  Sandham suggested a library presentation.  Hertz stated she will speak to them, but the Township Committee has resources and networks.  She would like to e-mail the information.  Township Committee consensus – e-mail them the information and they will review it and see if it is appropriate for the Township Committee.  Hertz stated there will be a presentation at the County library on October 26. 

 

Committeeman Braden proposed referring Mrs. Hertz to the Environmental Commission.  Mrs. Hertz will contact them.

 

Roberta Samitt, 2 Ridge Drive, Montville, stated please don’t let the NJDOT put up the same fence on Route 46 as they put up in Parsippany.

 

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

 

DISCUSSION ITEMS:

 

NO. 1 – FRED ECKHARDT MEMORIAL DESIGNATION:  Bastone reported the Township Committee’s prevailing suggestion is the Edmunds Barn.  Braden stated Maryann Witty also thinks the Edmunds Barn would be the ideal spot.  Township Committee to send to Recreation that this is our intention – the Edmunds Barn – and ask for their comments.  Nielson stated the Eckhardt family is aware we are considering this.  Bastone will bring this to Mrs. Witty.

 

NO. 2 – COMMUNITY PARK PARKING LOT LIGHTS:  Bastone reported the deterioration of the light poles needs to be remedied.  DPW and Engineering have come up with three scenarios.  Our recommendation is to proceed with plan three - $28,000 – our own DPW labor.

 

Braden asked if someone is going to sign off that the new poles will be insurable.  Is there any engineering involved?  Bastone stated not that he is aware of.  Township Committee – move forward with plan three contingent on the engineering approval.

 

NO. 3 – SOLID WASTE COLLECTION BIDS:  Bastone reported there were eight bidders.  We are in the final year of a five-year contract.  $1,049,069.00 per year.  There are a number of options.  Bastone went over the four components:  solid waste; bulk, recycling, and vegetative waste.  We did an extensive analysis – reduced to three vendors:  Smentkowski, Suburban, and Waste Management.  The bid proposals were for a two-year contract or a five-year contract.  All the numbers in the discussion are annualized numbers.  To stay with the existing contract scenario the low bidder is Suburban.  That would realize over $200,000 annual savings. 

 

If we entertain seasonal collection – the savings is $304,000 per year.  If we entertain 1x per week - $389,000 savings per year.  We need to make policy decisions.  Refer to Long-Term Financial Planning Committee?  They meet on September 22.

 

Committeeman Daughtry stated other towns have 1x week collection.  Sandham asked do we want to refer to the LTFPC?  Do we want to do 1x per week? 

 

Nielson stated I think we should have a lot of discussion.  It should be referred to the LTFPC.  She would also like public input.  Some condo complexes have limited storage capacity.  Everyone should have input. 

 

Committeeman Kostka stated if we refer to the LTFPC, everything should be open – no parameters.  Let them make their recommendation.  Braden stated he likes the idea of sending it to the LTFPC.  What is the time of essence?  Bastone stated the current contract is up on February 28.  Would need to make a decision by September 28.  They may have to deal with court challenges, etc.  He has experienced this in other towns. 

 

Nielson asked can we put on the website?  Daughtry stated the dumpsters at the condo sites are designed around certain pickup cycles.  We would have to see if they are going to change them, etc.  He wants to make sure the LTFPC is looking at that also.  Sandham requested Steve Samitt to see what the impact would be at the condos if we went to 1x per week, etc.

 

Township Committee – refer to the LTFPC with the goal of having an answer back by the meeting of September 28.  If they can’t, the LTFPC will try to have a special meeting to get back to us by the first meeting of October.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-34 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $9,000:  The Land Conservancy of New Jersey.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 28, 2010, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2010-35 AUTHORIZING THE ACCEPTANCE OF REAL PROPERTY FROM THE MONTVILLE TOWNSHIP FIRST AID SQUAD AND AUTHORIZING THE CONVEYANCE OF TOWNSHIP OWNED REAL PROPERTY TO THE MONTVILLE TOWNSHIP FIRST AID SQUAD:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 28, 2010, at 8 p.m.  Motion:  Kostka.  Second:  Sandham.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA16:  Motion:  Daughtry.  Second:  Kostka.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:  Block 15.1, Lot 17, Lien Redemption Certificate #09-00003, J.N. Properties, $335.10.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE REDEMPTION OF A TAX SALE CERTIFICATE ON BLOCK 120, LOT 3 – 65 PEACE VALLEY ROAD – UPON PAYMENT OF $26,000.00:

 

            WHEREAS, the Township of Montville is the holder of a Tax Sale Certificate on Block 120, Lot 3 (65 Peace Valley Road) which is recorded as Certificate No. 418 with a sale date of November 21, 1972 and in a total amount of $5,767.73; and

            WHEREAS, Wildlife Preserve, Inc., a 501(c)(3) not for profit entity, is the owner of the subject property; and

            WHEREAS, Wildlife Preserve, Inc. has requested that the Township accept an amount of $26,000.00 in full and complete satisfaction of the Tax Sale Certificate; and

            WHEREAS, the Township of Montville believes that it is in the public’s interest to accept payment of $26,000.00 from Wildlife Preserve, Inc. in full and complete satisfaction of the Tax Sale Certificate; and

            WHEREAS,     N.J.S.A. 54:4-99 permits the adjustment of past due taxes and interest charges by the Governing Body if such adjustment is deemed equitable and just and in the best interests of the municipality.

            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 upon payment of $26,000.00 from Wildlife Preserve, Inc., Tax Sale Certificate No. 418 covering Block 120, Lot 3 (65 Peace Valley Road) sold on November 21, 1972, shall be deemed redeemed and endorsed for cancellation by the Tax Collector.

 

CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING BIDS FOR SALE OF SURPLUS PROPERTY:

 

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

 

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

 

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

 

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

The following bids for the sale of surplus vehicles are hereby accepted.

 

1992 Mobil Street Sweeper VIN#1A9524DR3MR059004        $5,500.00 Applied Landscape

1993 Dodge Ram Mason Dump VIN#1B6MM3655PS233532 $1,067.00 Magnoti, Vito

 

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

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2010 Municipal Budget:  Revenue title:  English as a Second Language $16,500.00.  Appropriation title:  Literary Grant $16,500.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING A PERMIT FOR A SEASONAL FARM SALE:

 

WHEREAS, Conklin Farm, 65 River Road, Montville, New Jersey, has applied for a special permit to have their annual Fall pumpkin picking event to be held from Saturday, September 18, 2010, through Saturday, October 31, 2010; and

 

WHEREAS, the Township Committee finds that the farm sale would be unobjectionable provided that the following stipulations be adhered to:

 

1.      Six signs only placed in compliance with the Traffic Safety Officer’s and Zoning Officer’s recommendations.  Signs must be removed by November 1, 2010.

 

2.      Compliance with the Montville Township Health Department’s food licensing regulations.

 

3.      Compliance with the Montville Fire Prevention Bureau’s Regulations.

 

            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 a permit to Conklin Farm for a Fall pumpkin picking event to be held from Saturday, September 18, 2010, through Saturday, October 31, 2010, shall be issued.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING A CONVEYANCE FROM DAVID BORNSTEIN AND ANDREA BORNSTEIN – PORTION OF BLOCK 139.06, LOTS 17 AND 18:

 

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

            WHEREAS, David Bornstein and Andrea Bornstein have agreed to convey Deeds over a portion of Block 139.06, Lots 17 and 18 (Woodland Road) to the Township of Montville as a condition of development approval; and

            WHEREAS, David Bornstein and Andrea Bornstein have 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 David Bornstein and Andrea Bornstein to the Township of Montville are hereby accepted:

            Woodland Road Deed of Roadway Dedication

            Restriction Prohibiting Further Subdivision Block 139.06, Lot 17.01

            Utility Easement Block 139.06, Lot 17.01, 18.01, 18.02 and 18.03

            Drainage Easement Block 139.06, Lots 18.01 and 18.02

            Drainage Easement Block 139.06, Lots 18.02 and 18.03

            Conservation Restriction Block 139.06, Lot 17.01

 

CONSENT AGENDA ITEM G – RESOLUTION ACCEPTING A CONVEYANCE FROM WILLIAM VAN SYCKEL AND DYANNE VAN SYCKEL – PORTION OF BLOCK 140, LOT 4:

 

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

            WHEREAS, William Van Syckel and Dyanne Van Syckel have agreed to convey a Deed for road purposes over a portion of Block 140, Lot 4 (Woodland Road) to the Township of Montville in conjunction with the Bornstein subdivision application; and

            WHEREAS, William Van Syckel and Dyanne Van Syckel have executed a Deed 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 conveyance from William Van Syckel and Dyanne Van Syckel to the Township of Montville is hereby accepted:

            Subdivision Deed; Portion of Block 140, Lot 4

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING THE ABATEMENT OF OVERGROWN GRASS AND WEEKS AND DISCARDED TRASH AND DEBRIS – 85 PINE BROOK ROAD – BLOCK 88, LOT 55:

 

WHEREAS, the property maintenance enforcement officer has ordered the maintenance and cleanup of property located at 85 Pine Brook Road (Block 88, Lot 55), Montville, New Jersey, as a result of trash and debris; and

            WHEREAS, the owner of these premises has failed to comply with said order or appeal the order within the period permitted by law; and

            WHEREAS, the Township is authorized to maintain the property and place the cost of same as a lien upon the land; and

            WHEREAS, the cost of completing the necessary maintenance has been certified to the Committee as up to $1,000.00.

            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 appropriate Township officials are hereby authorized to effectuate the cleanup of the premises located at 85 Pine Brook Road (Block 88, Lot 55), Montville, New Jersey, as a result of overgrown grass and weeks and discarded trash and debris, and an amount not to exceed $1,000.00 is hereby certified as the costs of same; and be it further

            RESOLVED that the Township Clerk shall present this Resolution to the Tax Collector who shall proceed to collect the foregoing as provided by law.

 

CONSENT AGENDA ITEM I – RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND:

 

WHEREAS, the Township of Montville is a member of the Morris County Municipal Joint Insurance Fund; and

            WHEREAS, said renewed membership terminates as of December 31, 2010 unless earlier renewed by agreement between the Township and the Fund; and

            WHEREAS, the Township desires to renew said membership.

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

            1.         The Township of Montville agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.

            2.         The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Morris County Municipal Joint Insurance Fund evidencing the Township’s intention to renew its membership.

 

CONSENT AGENDA ITEM J – RESOLUTION APPOINTING CHRIS CORCORAN ACTING DIRECTOR OF FINANCE:

 

WHEREAS, a recent retirement has resulted in the need for an Acting Director of Finance; and

            WHEREAS, the Township Administrator has recommended the appointment of Chris Corcoran as the Acting Director of Finance; and

            WHEREAS, the Township Committee desires to confirm this appointment.

            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 appointment is hereby confirmed:

                                    Acting Director of Finance                  Chris Corcoran

 

CONSENT AGENDA ITEM K – APPROVAL OF TURN THE TOWNS TEAL CAMPAIGN SEPTEMBER 2010 – OVARIAN CANCER AWARENESS MONTH.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING AWARD OF CONTRACT – RESTORATION AND REHABILITATION OF MONTVILLE MUSEUM PROJECT:  Motion:  Braden.  Second:  Daughtry.  Discussion:  Sandham asked how much was in the grant fund for this.

 

Michael O’Brien, Chairman of the Historic Preservation Review Commission, stated he did not know.  This was a grant applied for by Kathy Fisher.  Nielson asked if the grant funds could be looked into.  Table resolution.  Motion:  Nielson.  Second:  Kostka.  All in favor except Daughtry – opposed.

 

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE 2010 ROAD RESURFACING PROJECT:

 

WHEREAS, bids were received on September 10, 2010, for the 2010 Road Resurfacing Project; and

            WHEREAS, bids were received with the lowest responsible bid of $369,876.00 was received from D & L Paving Contractors, Inc.; and

            WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to D & L Paving Contractors, Inc.

            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 D & L Paving Contractors, Inc. shall be awarded the Contract for the 2010 Road Resurfacing Project in an amount of $369,876.00.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE VREELAND AVENUE IMPROVEMENT PROJECT:

 

WHEREAS, bids were received on September 10, 2010, for the Vreeland Avenue Improvement Project; and

            WHEREAS, bids were received with the lowest responsible bid of $143,709.96 was received from D & L Paving Contractors, Inc.; and

            WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to D & L Paving Contractors, Inc.

            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 D & L Paving Contractors, Inc. shall be awarded the Contract for the Vreeland Avenue Improvement Project in an amount of $143,709.96.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING SPECIAL EMERGENCY APPROPRIATION FOR REVALUATION:

 

WHEREAS, an ordinance has been approved creating a special emergency appropriation of $500,000 to meet certain expenses to be incurred for the engagement of special consultants for a complete program of revaluation of real properties and no adequate provision was made in the Township budget for the aforesaid purpose, and N.J.S.A. 40A:4-53 provides for the creation of a special emergency appropriation for the purpose mentioned, and

 

            WHEREAS, the total amount of the emergency appropriation created including the appropriation to be created by this resolution is…………………………………......$500,000

 

            NOW, THEREFORE, BE IT RESOLVED, that in accordance with NJ.S.A. 40A:4-48 and 40A:4-53:

 

A Special Emergency Appropriation be and the same is hereby made for:

            Revaluation.…………………………………………………$500,000

 

Total amount of the ordinance is for $500,000 and the Township hereby requests that an exclusion from the “CAP” be granted by the Director of Local Government services in accordance with P.L. 1981, Chapter 56, in the amount of $500,000 per year in the budgets of the next five (5) succeeding years commencing with the budget of 2011 in accordance with 40A:4-55(c).

 

That a special emergency note or notes be authorized not in excess of $500,000, the amount appropriated by ordinance as stated above.

 

That said note or notes may be renewed from time to time and at least 1/5 of all such notes and renewals thereof shall mature and be paid in each fiscal year thereafter until all are paid.

 

The Mayor and the Chief Financial Officer are hereby authorized to execute said notes, and the Township Clerk is hereby authorized to affix the seal of the Township to such notes and to attest such seal and said notes, and said officers are hereby authorized to issue said notes in such form as they may adopt in conformity with law and to recite therein that all requirements and conditions of law have been complied with in the issuance of said notes, and that said notes are within every debt and other limit prescribed by the Constitution or statutes of New Jersey.

 

The Chief Financial Officer is hereby authorized to sell said notes and any renewals thereof from time to time, at not less than par and accrued interest and to determine within the limitations prescribed by this resolution, the date, principal amount, maturity date, and denomination of said notes, and the rate of interest said notes shall bear and to deliver such notes upon receiving the purchase price to be paid therefore.

 

That two (2) certified copies of this Resolution be filed with the Director of the Division of Local Government Services.

 

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

 

NO. 5 - RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular Meetings February 23, 2010; March 9, 2010; March 23, 2010; April 13, 2010; April 27, 2010; and Special Meeting April 6, 2010. 

 

Motion:  Nielson.  Second:  Braden.  Discussion:  Sandham stated the Township Clerk confused Don Kostka and Dan Grant in the March 9th closed session minutes.  It has been corrected.

 

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

 

NO. 6 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTES ITEMS FROM VARIOUS MEETINGS OF 2008, 2009, AND 2010:

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2008

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Animal Control Contracts – Contract negotiations

01/22/08

 

 

 

 

 

10/28/08

02/12/08

 

 

 

 

 

01/27/09

02/26/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

09/14/10

All

Property Acquisition – Jegge

05/27/08

08/12/08

08/12/08

09/09/08

10/14/08

01/27/09

09/08/09

09/14/10

All

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2009

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Property Acquisition - Tipcor

01/13/09

01/27/09

02/10/09

03/10/09

03/24/09

05/12/09

06/23/09

06/23/09

07/28/09

07/28/09

 

 

 

 

09/08/09

09/14/10

09/14/10

All

Property Acquisition – Jegge

03/10/09

07/28/09

09/08/09

09/14/10

09/14/10

Contract Negotiations - Metro

07/28/09

10/27/09

09/14/10

09/14/10

Personnel – evaluations – re: forms and process

06/09/09

06/23/09

09/08/09

09/08/09

 

09/08/09

09/14/10

09/14/10

All

Contract negotiations – animal control

09/08/09

11/24/09

01/26/10

04/13/10

09/14/10

09/14/10

All

Tax Appeal – Karczynski

10/27/09

03/09/10

09/14/10

09/14/10

Potential Litigation – Holiday Displays

11/10/09

12/08/09

04/13/10

04/27/10

09/14/10

09/14/10

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2010

 

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Contract Negotiations – Township Property

01/12/10

03/09/10

05/25/10

09/14/10

09/14/10

09/14/10

All

Tax Appeal – Barot

02/09/10

06/22/10

09/14/10

09/14/10

Attorney-client privilege – municipal court judge

02/09/10

02/23/10

03/09/10

03/23/10

04/06/10

06/22/10

09/14/10

09/14/10

09/14/10

04/06/10

09/14/10

09/14/10

All

Contract negotiations – Sharpe property easement

04/27/10

09/14/10

09/14/10

09/14/10

 

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

 

NO. 7 – 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:  Braden.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 8 – RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND VERIZON NEW JERSEY, INC.:

 

WHEREAS, Verizon New Jersey, Inc. is a public utility regulated by the State of New Jersey Board of Public Utilities; and

            WHEREAS, Verizon obtained a system-wide franchise for the provision of cable services; and

            WHEREAS, currently, Verizon provides FiOS services within specific areas of the Township of Montville; and

            WHEREAS, the statutes and regulations controlling for a system-wide franchise requires Verizon to provide a commitment to provide internet service (hereafter, FiOS service), without charge, through one service outlet activated for basic service to any and all fire stations, public schools, police stations, public libraries, and other such buildings used for municipal purposes as cited at N.J.S.A. 48:5A-28;and

            WHEREAS, the Township and Verizon differed as to their respective interpretations of the requirement found at N.J.S.A. 48:5A-28 in respect to the type of buildings used for municipal purposes; and

            WHEREAS, on or about December 15, 2008, the Township filed a Petition with the New Jersey Board of Public Utilities bearing Docket No. C008121074 seeking determination that Verizon’s interpretation of the system-wide franchise requirements was unreasonable and contrary to statute and further ordering Verizon to provide the Township with free service drops; and

            WHEREAS, the matter was referred to the Office of Administrative Law for further proceedings under Docket No. CRV-01436; and

            WHEREAS, the Township and Verizon have resolved their dispute with the terms and conditions of the settlement of this dispute as set forth in a Settlement Agreement attached hereto.

            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 Settlement Agreement between the Township of Montville and Verizon New Jersey, Inc. in connection with an action in the Office of Administrative Law under Docket No. CRV-01436 in the form attached hereto.

 

Motion:  Daughtry.  Second:  Braden.  Discussion:  Daughtry stated Verizon, as part of their settlement with the statewide franchise agreement, was to provide service to all public buildings.  Montville challenged Verizon’s interpretation of public buildings – pump stations, schools, etc.  This will equate to approximately $900 per month in savings going forward. 

 

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

 

COMMITTEE REPORTS:

 

Committeeman Daughtry reported on the Technology Committee.  They are working with the Board of Education on consolidating e-mail services, etc.  The FIOS agreement is part of that.

 

Daughtry asked about the status of the cell tower ordinance draft – towers cited on municipal properties.  Robert Oostdyk, Township Attorney, stated the ordinance in some towns has been deemed not valid by the court.  We can work on other options.  We can talk about it at next closed session.

 

Daughtry asked about the counsel time sheet status.  Bastone stated he has them on a monthly basis.  Daughtry stated if we need to talk about it, let’s not do it at the 11th hour.

 

Daughtry asked about the Administrator’s objectives.  Bastone will submit his next quarterly report.

 

Sandham requested Mr. Bastone distribute the counsel time sheets to the Township Committee.

 

Committeeman Kostka reported the LTFPC will be meeting on September 22 and dealing with the garbage contract.

 

Committeewoman Nielson stated IT concerns in the municipality have been brought to her attention.  Maybe there are budget constraints, etc.  Would like an update as to the staffing, etc.

 

Bastone stated we do have money in the budget.  They will do something with that.

 

Committeeman Braden reported on the Board of Health meeting.  There was mention of the possibility of adding another town to our animal control.  Bastone is aware of this.

 

Braden reported there are ongoing problems with parking in the Camp Dawson drop-off zone.  Maybe it needs more signage?  Also, it needs to be enforced.

 

Chairman Sandham stated he was invited and spoke at the Chamber of Commerce info-luncheon.  It was very nice.  He thanked Mr. Bastone and the Department Heads for coming out on his behalf.

 

There is a joint meeting with the Board of Education on October 5.  Would like suggestions for agenda items.  Township Committee had none at this time.  Chairman Sandham will check with the Administrator.

 

Sandham reported the library is looking at a new climate control system.  They are asking if there is a system we have that they can piggyback on – software driven system.  Bastone stated he discussed it with Mr. Mazzaccaro, and they are looking into it.

 

Sandham stated at the 8th month mark, the library has a surplus of over $300,000 for the year.  My understanding is that one of the bills in Trenton is that there will be a statute that they have to return some of the surplus.  That will help out our taxpayers as well.

 

Sandham asked for an update on the status of Milan Restaurant for next meeting.

 

Meeting adjourned at 9:45 p.m.  Motion:  Nielson.  Second:  Daughtry.  All in favor.  Motion approved.

 

Respectfully submitted,

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Monday, 29 November 2010 )
 
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