MTC Minutes 10-12-10 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, October 12, 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 (arrival 7:10 p.m.)

                        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

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2010-CES-101210 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:  Sale of property

2.      Personnel

3.      Personnel – CFO position

4.      Litigation:  South Salem/Delaware Hudson; Various Tax Appeals

 

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

 

PUBLIC HEARING ON ORDINANCE FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2010-36 PROVIDING FOR CERTAIN WORK TO BE PERFORMED AND FOR THE ACQUISITION OF CERTAIN EQUIPMENT, AS GENERAL TOWNSHIP IMPROVEMENTS, AND APPROPRIATING THE SUM OF $20,000.00 FOR FINANCING THEREOF:  Improvements to Community Park parking lot lights.

 

Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Braden.  Second:  Kostka.  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.

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported that he will initiate the RFP process for banking services as our current contract for banking services expires at the end of the year.

 

Bastone reported on when we last solicited RFP’s on professional services.  The last time we did bond counsel was in 2008.  Township Committee agreed - solicit RFP’s for bond counsel for 2011.

 

Bastone reported that the next Government Efficiency Movement (GEM) meeting will be held in Montville Township on October 21, 2010.

 

ATTORNEY AND FINANCE:  No reports.

 

ENGINEERING:  Anthony Barile, Township Engineer, reported that they are issuing an enforcement action to Milan for property maintenance.  The Health Department is also issuing an enforcement action.

 

Barile reported on the signs being placed around town.  He consulted with the Township Attorney.  They are being view as political signs and are not in violation of zoning. 

 

Martin Murphy, Township Attorney, stated the signs must have “paid for by” on them.  The Township can remove the signs or call the prosecutor if they are municipal property and in the sight triangle, etc.

 

Committeeman Braden suggested having them removed if they are on public property.

 

Barile reported on the request to erect a fence from the owner of 25 Valhalla Road.

 

Steven Hendricks, 25 Valhalla Road, Montville, present.  He lives at the corner of Valhalla Road and Old Lane.  Valhalla Road is heavily traveled and there is a noise problem.  He sent a letter to and spoke to Chief Cook.  There seems to be speed and muffler noise violations.  There does not seem to be a lot of interest in enforcing those laws.  He would like to mitigate the sound with a fence. 

 

Barile reported he would approve the fence as long as it meets the requirements of Township Code; it has to be constructed as close as possible to the rock wall, and not located within the sight triangle for Old Lane Extension.

 

Murphy suggested there be a written agreement and a hold harmless agreement.

 

Committeewoman Nielson stated you may also want to put in a landscaping berm.

 

Hendricks stated when he cuts the grass by the wall it is very steep.  A wall there would also protect pedestrians on Valhalla Road.

 

Township Committee agreed – move forward and draft an agreement.  Mr. Barile gave Mr. Hendricks a copy of his report.

 

Barile reported that the Vreeland Avenue project’s preconstruction meeting is this Thursday.  The project schedule will be on the website and sent to the Township Committee.

 

Bastone reported on revenues and expenditures.  Need to do further work on the revenue side.  Expenditure side – 75% encumbered as of September 30.  Have expended 69% of the budget.

 

COMMITTEE REPORTS:

 

Chairman Sandham stated the VFW has requested us to adopt a proclamation at our first meeting in November proclaiming November Veteran’s month.  They also have a request to put signs up for their membership drive.

 

Frank Warholic, VFW Commander, stated they would like to put up signs for the month of November – after the election.  They are similar to election signs.  They want to comply with regulations.  Approximately 200 signs.  Mostly on private properties. 

 

Barile stated there is a temporary sign policy.

 

Sandham made a motion to grant relief from the limitation on the number of signs in the policy for the VFW to put up signs from November 3 to November 23.  Second:  Braden.  Discussion:  Waive limitation on number of signs.  Kostka asked are we setting a precedent?  Murphy stated he doesn’t think we are setting a precedent.  The correct way to regulate signs is to have an ordinance for temporary signs, etc.  This municipality has chosen not to do that, and to just have a policy.  All in favor except Daughtry – absent.  Motion approved.

Veteran’s Day service at the VFW, November 11, at 11 a.m.

 

PUBLIC PORTION:

 

Bob Seijas, 43 Stoneybrook Road, Montville, stated he would like permission to put up a tribute to Hector Cafferata in the Municipal Building lobby:  two posters on easels near his plaque – November and December.  No expense to the town.  Nielson suggested also putting it on the website.  Township Committee – ok.

 

Truscha Quatrone, 4 Majorca Road, Towaco, requested that when Item C on the consent agenda and Resolution #5 are discussed to give detail.

 

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

 

DISCUSSION ITEMS:

 

NO. 1 – PRIVATE ROAD MAINTENANCE:  Bastone stated he provided the Township Committee with a list of private roads which was put together by DPW Director Tom Mazzaccaro.  None of the roads were the subject of a developer’s agreement.  He reported in 2005 there was a resolution memorializing the dedication and acceptance of public roadways for a list of roads.  The Engineering Department has a complete list of roads in the Township by class.

 

Nielson stated there are inconsistencies as to the level of services, etc. on these private roads.  Subcommittee set up to review and come up with recommendations on criteria for acceptance of roads, level of services, etc:  Nielson, who will chair; Daughtry; a representative from DPW; and a representative from Engineering.

 

Russ Pisano, Coppola Court, Montville, stated after last meeting, he got a list of the roads that are getting services.  They are in much worse condition than my road.  I have nothing against them getting the services, but want to be included in this group.  I want the road to be dedicated.  I am paying municipal taxes, which includes snow removal, which I don’t get.  NJSA 40:67-23-1.23 states that no private road can be treated differently than other private roads in regards to maintenance, snow removal, lighting, etc.  Am I privy to be at the subcommittee meetings?  Murphy answered it is a subcommittee of the council.  It will come back to a recommendation here.

 

Angela Pisano, Coppola Court, Montville, stated we pay taxes for snow removal and maintenance.  We do not receive that.

 

NO. 2 – COPPOLA COURT:  Sandham stated he took a look at the road today.  Described road.  There is no curbing.  There is a cul-de-sac. 

 

Nielson stated she looked at the developer’s agreement and the subdivision file.  She is torn.  I have documents from your attorney, Mr. Schepis, that you wanted the road to remain private.  In 2008 residents wanted the road to be taken over.  That was not aired during the Planning Board process.  I do realize we maintain streets that are less substandard.  I do believe Mr. Pisano offered to upgrade the road.  It seems to be a neighborhood dispute.

 

R. Pisano stated I maintain the road myself.  It is a hassle to get the neighbors to contribute.  We would like the road dedicated.    

 

Sandham stated I want to clarify.  We can improve it and do an assessment.  Murphy stated you can take over the road, improve it, and then charge an assessment.  There are standards for roads.

 

Nielson stated she spoke to the Tax Assessor.  In theory, if it is an improved municipal road, the taxes will go up.  There is merit to having the Township taking over at least the plowing.  Your storm drainage is clearly on private lots.  There would have to be easements, etc.  There is not a clear-cut answer.

 

Thomas Mazzaccaro, DPW Director, stated I believe the retention basins on the individual lots would remain private. 

 

Barile stated they are on private lots, but it is from the road, and the road is private. 

 

Sandham stated the question is if Mr. Pisano repaved it, would we plow it? 

Pisano stated he is prepared to do the topcoat.  The immediate concern is snowplowing and salting.  He is not prepared to put in lights and Belgium block. 

 

Nielson stated she supports snowplowing. 

 

Braden asked the charge of the subcommittee.  Sandham stated 1) make sure the classifications of the roads are correct.  2)    If we are going to accept roads, what would be the criteria we want to have in place?

 

Braden stated he finds it difficult understanding how this was before one of our boards two years ago – why is this here?  What went wrong here?  This should have been settled.

 

Committeeman Kostka stated he has three documents.  Resolution for the final subdivision adopted May 22, 2008 stated the applicant shall enter into an agreement.  Coppola Court homeowner’s association road maintenance agreement March 17, 2009 – maintenance shall be equally shared by all three property owners.  Developer’s agreement March 31, 2009.  In order to have the lots developed, you had to enter into an agreement.  My concern is beyond Coppola Court.  Are there any other agreements the town has made that are like this, and are we going to say in a few years they are not worth the paper they are printed on?  That is my concern.

 

Nielson stated she echo’s Don Kostka’s concerns.  It should have been resolved at the public hearings.  It is only two years later.  My belief is that it is a neighborhood dispute, which we try to stay out of.  Having said that, we do plow a lot of substandard streets in town.  I am not saying we should necessarily take the street over.

 

Nielson made a motion that the municipality assumes snowplowing, salting, and sanding on Coppola Court once the pavement and other conditions required by the Township Engineering Department are satisfied.  Second:  Sandham.  Discussion:  Braden asked for Mr. Barile’s recommendation.  Barile stated there is a list of items that Mr. Omland put together aimed at a publicly improved road.  I know the paving is deficient.  I would have to look at it to see what is needed for safe winter maintenance. 

 

Nielson stated Mr. Omland’s report is quite extensive.  It is for complete acceptance:  width of road; adequate pavement thickness; curbing; grades; sidewalks.

 

Nielson amended motion to include:  get width of road to 24 feet and paving thickness – RSIS sub-base.

 

Barile stated he would also like to look at the drainage conditions near Pine Brook Road. 

 

Nielson amended the motion to incorporate Mr. Barile’s comments and review.  Second:  Sandham.  Discussion:  Kostka stated it appears with the subdivision – you got the subdivision with the promise to do x, y, and z.  And now you don’t want to do x, y, and z.

 

R. Pisano stated I did a conservation easement, easement for water lines, new houses additional taxes, etc.  I did well beyond what I was supposed to do.  Kostka stated I am just looking at what is in the documents.

 

Braden stated I am not comfortable voting on this until Mr. Barile has the change to investigate.

 

Motion to table:  Kostka.  Second:  Braden.  All in favor except Daughtry – absent.  Barile will get a report back for next meeting.

 

NO. 3 – OPEN SPACE PLANNING INCENTIVE GRANT FUNDS:  Bastone stated there is a balance of $103,000 in grant funds available.  We can apply to the Starkey purchase.  Motion to apply to Starkey purchase:  Nielson.  Second:  Kostka.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2010-37 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO INCLUDE WOODLAND ROAD AS A ONE-WAY STREET:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 26, 2010, at 8 p.m.  Motion:  Nielson.  Second:  Braden.  Discussion:  Murphy stated this is the recommendation of the Planning Board in their subdivision approval.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA 2010-CA18:  Motion:  Braden.  Second:  Nielson.  Discussion:  Murphy explained Item C:  After we filed for our COAH approval, the Fair Housing Group objected to our third round approval.  COAH contacted us that they are going to start mediation.  We had to set up a committee to represent us in the mediation process.

 

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:  Penske Truck Leasing Company, Chapin Road, road opening July 2006, $500.00

 

CONSENT AGENDA ITEM B - RESOLUTION AUTHORIZING A PAYMENT PLAN AGREEMENT FOR A SEWER CONNECTION FEE FOR PROPERTY LOCATED AT 179A PINE BROOK ROAD IN THE TOWNSHIP OF MONTVILLE:

 

            WHEREAS, Francine J. Pesca, the owner of property located at 179A Pine Brook Road, have requested the approval of the Township to pay for their sewer connection fee through a payment plan agreement; and

            WHEREAS, the Township permits installment payments or postponement of payments for connection fees when appropriate.

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 sewer connection fee for property located at 179A Pine Brook Road be paid through a payment plan agreement under conditions stated in the agreement.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING TOWNSHIP REPRESENTATIVES TO REPRESENT THE TOWNSHIP OF MONTVILLE IN A COAH MEDIATION PROCESS:

 

WHEREAS, the Township of Montville has filed the housing element with the Council on Affordable Housing requesting substantive certification for same; and

            WHEREAS, an objection has been filed by a property owner whose property is included within the housing element; and

            WHEREAS, a mediation process is being established by the Council on Affordable Housing; and

            WHEREAS, the Township may be represented by individuals in the mediation process.

            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 Township Officials shall represent the Township in the mediation process:

           

Joseph Burgis, Township Planning Consultant

            Meghan Hunscher, Township Principal Planner

            Robert Oostdyk, Attorney

            Ladis Karkowsky, Planning Board

            Russell Lipari, Planning Board

 

CONSENT AGENDA ITEM D – RESOLUTION APPOINTING MEGHAN M. HUNSCHER AS MUNICIPAL HOUSING LIAISON FOR THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, the Governing Body of the Township of Montville petitioned the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan on December 15, 2005; and

WHEREAS, the Township of Montville’s Fair Share Plan promotes an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et. seq.) and COAH’s Third Round Substantive Rules (N.J.A.C. 5:94-1, et. seq.); and

WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq., the Township of Montville is required to appoint a Municipal Housing Liaison for the administration of the Township of Montville’s affordable housing program to enforce the requirements of N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq.; and

WHEREAS, the Township of Montville's has amended Chapter 16 entitled "Land Use Code" to provide for the appointment of a Municipal Housing Liaison to administer the Township of Montville’s affordable housing 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, that Meghan M. Hunscher is hereby appointed by the Governing Body of the Township of Montville as the Municipal Housing Liaison for the administration of the affordable housing program, pursuant to and in accordance with the Township of Montville’s Land Use Code.

 

CONSENT AGENDA ITEM E – RESOLUTION APPOINTING CHRIS CORCORAN AS THE MONTVILLE TOWNSHIP PUBLIC AGENCY COMPLIANCE OFFICER:

 

WHEREAS, the New Jersey Department of the Treasury Division of Contract Compliance & Equal Employment Opportunity in Public Contracts requires the designation of a Public Agency Compliance Officer.

            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 Chris Corcoran is hereby designated as the Public Agency Compliance Officer of the Township of Montville.

 

CONSENT AGENDA ITEM F – ACCEPTANCE OF RESIGNATION OF KATHY LINDERT FROM THE SUSTAINABLE MONTVILLE ADVISORY COMMITTEE:  With regrets.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AWARDING THE CONTRACT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND VEGETATIVE WASTE COLLECTION SERVICE TO SUBURBAN DISPOSAL:

 

WHEREAS, the Township of Montville solicited bids for the Solid Waste, Recyclable Materials, and Vegetative Waste Collection Service and accepted bids on August 17, 2010; and

            WHEREAS, the apparent low bidder for the options selected was Suburban Disposal as follows: 

Term

2 Years

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

Solid Waste Collection

 

 

 

B

 

Twice/Week Collection

 

 

 

 

1

Single Family Homes

$988,000.00

 

 

 

2

Condos

$60,000.00

 

 

 

 

Condo Dumpsters

 

 

 

 

 

 

2 Yard

$2.00

 

 

 

 

 

3 Yard

$3.00

 

 

 

 

 

4 Yard

$4.00

 

 

 

 

 

 

 

 

2

 

 

Bulk Collection

 

 

 

A

 

Once/Week Collection

 

 

 

 

1

Single Family Homes

Included

 

 

 

2

Condos

Included

 

 

 

 

 

 

 

 

3

 

 

Recycling

 

 

 

A

 

Single Stream - Excludes Vegetative

 

 

 

 

1

Single Family Homes - Once/Week

$380,000.00

 

 

 

2

Condos - Once/Week

included

 

 

 

 

 

 

 

 

4

 

 

Vegetative Waste

 

 

 

A

 

Once/Week

 

 

 

 

1

Single Family Homes

$224,000.00

 

 

 

2

Condos

included

 

 

 

 

 

 

 

            WHEREAS, the bid submitted by Suburban Disposal was compliant with the bid specifications and has been recommended for acceptance by the Township Administrator.

            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 award for the contract for the Solid Waste, Recyclable Materials, and Vegetative Waste Collection Service totaling $1,668,016.00 for the period of March 1, 2011 through February 28, 2013 shall be awarded to Suburban Disposal as follows:

Term

2 Years

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

Solid Waste Collection

 

 

 

B

 

Twice/Week Collection

 

 

 

 

1

Single Family Homes

$988,000.00

 

 

 

2

Condos

$60,000.00

 

 

 

 

Condo Dumpsters

 

 

 

 

 

 

2 Yard

$2.00

 

 

 

 

 

3 Yard

$3.00

 

 

 

 

 

4 Yard

$4.00

 

 

 

 

 

 

 

 

2

 

 

Bulk Collection

 

 

 

A

 

Once/Week Collection

 

 

 

 

1

Single Family Homes

Included

 

 

 

2

Condos

Included

 

 

 

 

 

 

 

 

3

 

 

Recycling

 

 

 

A

 

Single Stream - Excludes Vegetative

 

 

 

 

1

Single Family Homes - Once/Week

$380,000.00

 

 

 

2

Condos - Once/Week

Included

 

 

 

 

 

 

 

 

4

 

 

Vegetative Waste

 

 

 

A

 

Once/Week

 

 

 

 

1

Single Family Homes

$224,000.00

 

 

 

2

Condos

Included

 

 

 

 

 

 

 

 

Motion:  Nielson.  Second:  Kostka.  Discussion:  Braden stated the single-stream recycling is effective March 1. 

 

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

 

NO. 2 – RESOLUTION AUTHORIZING 2010-2011 LIQUOR LICENSE RENEWAL – JHETT, INC. – MILAN RESTAURANT (INACTIVE):

 

WHEREAS, an application has been by filed by Jhett, Inc. for renewal of 2010-2011; and

WHEREAS, the application has been reviewed by the office of the Township Clerk, Land Use Administrator, Health Officer, and Chief of Police; and

WHEREAS, the licensee has met the requirements for license renewal with the State of New Jersey and was granted a 12.39 special ruling dated August 3, 2010;  

            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 liquor license is renewed for the year 2010-2011:

 

1421-33-002-008

Jhett, Inc.

13 Hook Mtn. Road

Pine Brook, NJ 07058

(Inactive)

 

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

 

NO. 3 – RESOLUTION AUTHORIZING 2010-2011 LIQUOR LICENSE RENEWAL – ANTHONY PIO COSTA III (INACTIVE):

 

WHEREAS, an application has been by filed by Anthony Pio Costa III for renewal of 2010-2011; and

WHEREAS, the application has been reviewed by the office of the Township Clerk, Land Use Administrator, Health Officer, and Chief of Police; and

WHEREAS, the licensee has met the requirements for license renewal with the State of New Jersey and was granted a 12.39 special ruling dated September 27, 2010;  

            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 liquor license is renewed for the year 2010-2011:

 

1421-44-018-001

Anthony Pio Costa III

1275 Bloomfield Avenue

Fairfield, NJ 07004

(Inactive)

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

 

NO. 4 - RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE RESTORATION AND REHABILITATION OF THE MONTVILLE MUSEUM:

 

            WHEREAS, bids were received on September 2, 2010, for the Restoration and Rehabilitation of the Montville Museum Project; and

            WHEREAS, four bids were received with the lowest responsible bid of $199,742.00 was received from Precision Building & Construction; and

            WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to Precision Building & Construction.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that Precision Building & Construction shall be awarded the Contract for the Restoration and Rehabilitation of the Montville Museum Project in an amount of $199,742.00.

 

Grant portion is $125,000.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – HOLIDAY AT MONTVILLE – BLOCK 52.03, LOTS 19, 21 & 22:

 

WHEREAS, there is a need to apply for Treatment Works Approval from the State of New Jersey Department of Environmental Protection Division of Water Quality in connection with the development of the Holiday at Montville (Block 52.03, Lots 19, 21 & 22), as shown on the Tax Map of the Township of Montville; and

            WHEREAS, the Township of Montville, as eventual owner of the proposed treatment works, is required to consent to the filing of the Treatment Works Approval Permit Application.

            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 Consent by the Governing Body for the Treatment Works Approval Permit Application filed in connection with the Holiday at Montville (Block 52.03, Lots 19, 21 & 22) in the Township of Montville.

 

Motion:  Sandham.  Second:  Kostka.  Discussion:  Bastone stated Holiday at Montville received a use approval from the Board of Adjustment.  They have now submitted a site plan to the board.  They are going to have to tie into the Township’s sewer system.  We have to get approval from the DEP. 

 

Nielson stated site plan approval is still pending.  Do we submit this now or wait until the site plan is approved?  Bastone stated you can do it either way.  This application is based upon the maximum approved under the use variance.  Mazzaccaro stated we have plenty of capacity.  It is just an extension of the sewer line.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING CHANGE ORDER AND FINAL PAYMENT TO CLEARWATER SERVICES FOR THE TAYLORTOWN BOOSTER STATION PROJECT SUBJECT TO THE RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Clearwater Services is the contractor for the Taylortown Booster Station Project; and

 

WHEREAS, it has been determined that changes to this Contract are necessary; and

           

WHEREAS, Clearwater Services has submitted a Change Order for an increase to the original contract amount of $2,675.00 for additional items of work authorized in connection with the project as set forth in the Change Order Authorization Form dated September 28, 2010; and

           

WHEREAS,  the Township Water & Sewer Engineer has recommended the change order, that the Taylortown Booster Station Project be accepted by the Township, and that final payments be made; and

           

WHEREAS, Clearwater Services is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

 

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 change order is hereby approved:

                        Original Contract:                    $78,204.00

                        Change Order #1:                       2,675.00

                        Adjusted Contract Amount:     $80,879.00

                        Increase on the Contract:                 3.4%

                                                                                                            ; and be it further

 

            RESOLVED that the Township of Montville accepts as final the Taylortown Booster Station Project and releases to Clearwater Services final payment in full; and be it further

 

RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from Clearwater Services in a form approved by the Township Attorney and 2) receipt of an Affidavit from Clearwater Services as to release of all claims and liens.

 

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

 

NO. 7 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular meetings July 27, 2010 and August 10, 2010.  Motion:  Nielson.  Second:  Braden.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 8 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS FROM VARIOUS MEETINGS OF 2008, 2009, AND 2010:

 

2008 closed session minutes reviewed – nothing releasable at this time.

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2009

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Litigation – Montville Center (MM report that it was filed in Supreme Court)

02/24/09

07/07/09

09/08/09

10/12/10

10/12/10

Personnel – Bastone – evaluation format

05/26/09

09/08/09

09/08/09

10/12/10

10/12/10

Attorney-Client Privilege – Route 202/Schneider Lane ROW

08/11/09

10/27/09

10/12/10

10/12/10

Litigation – Democratic Club/Committee

10/13/09

02/23/10

10/12/10

10/12/10

Potential Litigation – Board of Adjustment/Holiday @ Montville

11/10/09

11/24/09

12/08/09

04/13/10

04/13/10

04/27/10

10/12/10

10/12/10

All

Attorney-client privilege – litigation update

12/08/09

04/27/10

10/12/10

10/12/10

Attorney-client privilege – Lowe’s

12/08/09

04/27/10

10/12/10

10/12/10

Attorney-client privilege – library board appointment

12/08/09

04/27/10

10/12/10

10/12/10

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2010

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Potential Litigation – Holiday @ Montville

01/12/10

05/25/10

10/12/10

10/12/10

Litigation – Democratic Club

02/09/10

03/09/10

03/23/10

04/27/10

06/22/10

09/14/10

09/14/10

09/14/10

10/12/10

10/12/10

all

Personnel – Administrator – evaluation schedule

03/09/10

09/14/10

10/12/10

10/12/10

Litigation – Tax Appeal – Sanders/Sea Breeze

05/11/10

09/28/10

10/12/10

10/12/10

Personnel – retirements

05/11/10

09/28/10

10/12/10

10/12/10

Personnel – Linda White retirement

05/25/10

05/28/10

10/12/10

10/12/10

Tax appeals – Matisak; Lefkowitz; Olympik Real Estate Holdings

07/27/10

09/28/10

10/12/10

10/12/10

Contract negotiations – Temporary CMFO – not hiring o/s temporary CMFO

08/10/10

10/12/10

10/12/10

10/12/10

 

Motion:  Braden.  Second:  Nielson.  All in favor except Daughtry – absent.

 

NO. 9 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Braden.  Second:  Nielson.  Discussion:  Braden asked when we were turning the electric meter at 86 River Road over to the Board of Education.  Bastone will look into.  Roll call vote – Daughtry, absent; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 10 – PROCLAMATION PANCREATIC AWARENESS MONTH – NOVEMBER:  Motion:  Nielson.  Second:  Braden.  All in favor except Daughtry – absent.  Proclamation adopted.

 

COMMITTEE REPORTS:

 

Committeeman Kostka – no report.

 

Committeewoman Nielson reported she and Mr. Braden have the same topic.  Defer to him.

 

Committeeman Braden stated he had a chance to talk to Senator Pennacchio about his bill on transparency in municipal government.  I got a copy of Parsippany’s ordinance.  It does create another committee.  The teeth of it is disclosure of expenditures of public funds – on the website.  I don’t believe we would have to have a commission for that to happen.  Software – can we get it, etc?  Is this something for the new CFO to review?  Bastone stated we do not have the software.  At a minimum, we can a post a PDF of the bill list on the website.  Braden stated we can review Parsippany’s ordinance and pick the things we like in it.

 

Nielson stated she also spoke to council members in Parsippany.  We are all interested in increasing transparency in government.  They adopted this ordinance in 2009.  They did offer to work with Montville.  We should schedule this for a future meeting to have a discussion.

 

Braden stated I think we as five committee people come at Mr. Bastone from all sides.  We need to find some common ground and set priorities. 

 

Sandham stated it is the things that take a few hours that take away from the priorities and the major projects.  I asked Mr. Bastone to take some of those items and set a priority to them.  Bastone stated as far as the goals, I provide a quarterly report.  The other things that come up – I end up setting priorities on what needs to be done on a day-to-day basis.

 

Chairman Sandham stated pension cost increases from 2010 to 2011 were released today.  Regular employee pension going up $87,000 – 16.6% increase.  Police going up $165,000 – 15.6%.  Combined $252,000 – almost one full tax point.  The Board of Education is going up 20%.

Sandham stated Montville Day – I would like to try to have Montville Day next year.  At least pick a date and have it on the town planner calendar.  Township Committee – ok.

 

Meeting adjourned at 9:58 p.m.  Motion:  Nielson.  Second:  Kostka.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Monday, 29 November 2010 )
 
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