Montville Township Committee Regular Meeting
Tuesday, October 26, 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 7:02 p.m.)
Committeeman Don Kostka
Committeewoman Deborah Nielson
Committeeman Tim Braden
Chairman James Sandham, Jr.
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-102610A 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: Marketplace
2. Contract Negotiations: Animal Shelter
3. Potential Litigation
4. Litigation: South Salem/Delaware Hudson; Tax Appeal – 535 Realty Corp; Brozowski
Motion: Nielson. Second: Braden. All in favor except Daughtry - absent. Resolution adopted.
At 7:02 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.
Roll call Township Committee – all present.
Prayer and Pledge of Allegiance led by Committeeman Daughtry.
PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:
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:
Chairman Sandham opened the public hearing.
William Greenberg, 13 Woodland Road, Montville, stated he was there on behalf of the residents of the block. After extensive hearings before the Planning Board, we originally opposed opening the road at all. This was a compromise position that we asked for. It was never flushed out before the Planning Board how far the one-way would go. We ask you to consider stopping the one-way at the corner of lot 4. That is currently the portion that is gated off and slated for improvement by the developer.
Anthony Barile, Township Engineer, stated he did review the Planning Board documents and understood it would be the way the ordinance is, but now on reading Steve Schepis’ letter, it seems it could be what the gentleman is stating.
Township Committee agreed let the Engineer and Administrator review and make a recommendation. Carry public hearing to November 9, 2010. Motion: Nielson. Second: Braden. All in favor. Motion approved.
Greenberg asked the committee to consider putting a stop sign at the end of Orchard Drive. Barile will look into.
ADMINISTRATOR: Frank Bastone, Township Administrator, reported Mayor Sandham had brought up looking into establishing a central complaint procedure.
Sandham stated after the last League of Municipalities, I learned that there can be service requests reported on the website and it would go to one person who would send out work orders.
Bastone stated regarding street lights being out, there is a procedure of calling JCP&L.
Committeeman Daughtry and Committeewoman Nielson agreed it has merit, but not the example of street lights. Sandham stated can we look into doing something for potholes, traffic lights, etc. Nielson stated a standard form can up on the website.
Bastone reported he was asked by the DPW Director to make a switch in vehicles in the capital requests. Vehicle 947 was schedule to be replaced in 2010. Would like to replace vehicle 942 instead. Township Committee – ok.
ATTORNEY: No report.
FINANCE: No report.
ENGINEER: Barile reported the Vreeland Avenue project is tentatively scheduled to start on November 1. Duration of six days. Will be on our website. General paving project will follow.
Sandham reported on the police report last month the Chief submitted the crime statistics for 2009 – lowest crime statistics in the history of the department. Traffic accidents up 10% each year. We need to drive more safely.
Sandham stated the Citizen printed last week on the front page that certain directors got raises ranging from 3% to 7%. I have asked the Administrator to give us a summary of what the actual raises and givebacks were.
Bastone reported white collar, blue collar, and nonunion received 3% raises with a 1½% giveback. Two layoffs. PBA/SOA – 4% raise. Concession – work 4th of July for comp time rather than overtime pay. Three officers retired.
NO. 1 – COPPOLA COURT: Bastone reported last meeting the Township Committee requested a report from the Township Engineer on the improvements needed for the town to assume winter maintenance.
Russ Pisano, Coppola Court, Montville, stated he would like to see this resolved. I am prepared to finish paving the road another 400’ if you will take over winter maintenance.
Barile reported on reoccurring icing conditions where Coppola Court intersects with Pine Brook Road. Catching some of that drainage further up the road would help that situation. He noted what the drainage improvements should be. Also, deteriorating paving would need to be repaired along with the additional paving.
Nielson stated you did not report on standard width. Barile stated he was asked to report on improvement for winter maintenance only. Nielson asked you don’t feel you need uniform width for snowplowing? Barile answered no.
Nielson asked Mr. Pisano if he would be willing to improve the road to the uniform widths – to a minimal width of 24’.
Pisano answered no, I have spent over $200,000 on this road as it is. I will repave the road in a manner that it will take the water to the existing drain. I would pave it where needed up to a width of 24’.
Angela Pisano, Coppola Court, Montville, stated we were told the 20’ is adequate for two cars. Nielson stated I don’t believe that was stated on the record.
R. Pisano stated I have storm drains. Not prepared to put another one in.
Barile stated I explained that there is a significant icing problem there. R. Pisano stated he never experienced a problem. If the road is repaved properly, it will alleviate the problem. Barile stated but there is not a drain on the other side of the road.
Nielson asked the cost of a new storm water drain. Barile answered approximately $3,000 to $4,000.
Bastone asked if that cost includes excavation – there is a lot of rock there. Barile stated no, he did not include excavation.
R. Pisano stated if that is what it requires, fine. Agrees to 24’.
Motion to approve if the conditions in the Engineer’s recommendation are met and in addition - bring the road to a minimum of 24’ in width: Nielson. Second: Sandham.
Discussion: Don Kostka, Committeeman, asked does this open us up to other developments that have roads like this? We had an executed document. Murphy stated it will always be used that you did it for someone, but it is not binding.
Nielson stated regarding services on other streets, the subcommittee would take up on an individual basis.
Kostka stated it just gets more difficult every time you say yes.
Nielson stated I think the property owner tonight has agreed to upgrade the road. This benefits the residents on this street and on Pine Brook Road. It will assist the traveling public on Pine Brook Road in exchange for the town snowplowing a few times a year.
Sandham stated I think the benefits outweigh the costs.
Roll call vote – Daughtry, no; Kostka, no; Nielson, yes; Braden, no; Sandham, yes.
Sandham stated unfortunately, it is defeated.
R. Pisano stated he is very disappointed with the Township’s decision. At this point, I can just give up the road, not pay taxes on it, and let the town take over the road. I gave you sewers, easements, and six acres of property in order to get the subdivision. I am asking for snow removal. At this point, I think I have the right to sue the Township.
A. Pisano stated municipal tax and county tax pays for snow removal. I want you to reconsider. You will have a lawsuit.
Sandham we had a decision tonight. One of the people in the negative would have to make a motion to reconsider.
Peter Arbitello, 10 Coppola Court, Montville, stated one of the reasons the road was improved was so I could build my home. The residents signed a petition. It doesn’t make sense why the town wouldn’t consider simple plowing. If you could reconsider, we would all appreciate it. My father-in-law will do whatever he needs to do to improve the road for snow removal.
A. Pisano stated it was also for the safety of our children. Also, we pay $325 a year taxes on the road, plus we pay taxes for our house and the lot we own. What is snow removal? Nobody wants to reconsider? Are you ready for a lawsuit?
Sandham stated nobody on the Township Committee wants a lawsuit. Obviously there were opinions here that getting involved in a private road would open up other issues. They voted; we have to move on.
A. Pisano asked when we were doing the subdivision, why weren’t we told there were other private roads that were plowed? We would have asked for it at that moment. I don’t think you made the right decision, and you are going to get a lawsuit.
NO. 2 – COMPUTERS – POLICE DEPARTMENT: Bastone reported on the maintenance of the computers in the police department. The 2010 budget appropriation is $19,500. The Sparctech annual proposal is $15,600. 20 PC’s, 15 MDT's, 2 servers.
Braden asked what are the demands on this building for Mr. Perkins? Bastone will get that information.
Braden stated it seems to make sense to look at the Board of Education as well.
Nielson asked was this the only vendor approached? Bastone answered yes, they have experience with other municipalities’ police departments.
Braden stated if this frees up Mr. Perkins for this building, then ok. Bastone stated yes, this is a new approach. Want to try it for a year. Will report back in six months. Township Committee – ok. Bastone stated it will be memorialized in a formal agreement.
Scott Gallopo, 9 Nelson Lane, Montville, asked has the Chief submitted any information to the Township Committee regarding year to date 2010 crime rates? Sandham stated he said 2010 is on pace to follow 2009.
Gary Eisenhauer, 85 Windsor Drive, Pine Brook, stated he is the chair of the Residents’ with Disabilities Advisory Committee and a volunteer on the First Aid Squad. One of the calls there was no police presence. After speaking to them, they feel there have been a lot of cutbacks and they are shorthanded. Concerned they are not on First Aid Squad calls.
Daughtry stated there are always times when there could be a situation in town and there are multiple vehicles there. You can report the date and time to the Administrator and we will follow up on it.
Hearing no further comments, Chairman Sandham closed the public portion. Motion: Nielson. Second: Daughtry. All in favor. Motion approved.
NO. 1 – ORDINANCE NO. 2010-38 AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE AND NOT REQUIRED FOR PUBLIC PURPOSES PURSUANT TO NJSA 40A:12-13, ET SEQ.:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 9, 2010, at 8 p.m. Motion: Braden. Second: Kostka. Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA19: Motion: Nielson. Second: Kostka. Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION RELEASING CASH BOND HELD BY THE TOWNSHIP: Block 39.11, Lot 78.07, 7 Eagle Drive, $400.00. Soil stabilization.
CONSENT AGENDA ITEM B – RESOLUTION RELEASING CASH PERFORMANCE BONDS ON VARIOUS PROPERTIES:
WHEREAS, Brian Stolar, the developer of the following properties 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:
82-17 Changebridge East/Changebridge Development/Changebridge Construction
Block 82, Lot 11
83-20 High Ridge
Block 75, Lot 8
86-17 Point View Estates Sections I & II
Block 163, Lot 1
86-22 Point View Estates (Horseneck Ridge)
Block 163, Lot 1
99-22 Skyview Heights
Block 116, Lot 3
WHEREAS, the Township Engineer and Water & Sewer Director have 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.
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 Guarantees posted by various entities in the form of cash as shown on the attached ledger shall be released.
CONSENT AGENDA ITEM C – RESOLUTION APPROVING TAX REFUND – TAX APPEAL 2009: Block 81, Lot 4, 441 Route 202, $6,574.00.
CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO THE BASKET BLAST: 11/22/10 TO 12/22/10. One 4’ x 4’ sign permitted as per signage plan dated 10/13/10.
CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.: 12/01/10 to 12/23/10. Four signs permitted as per signage plan dated 10/11/10.
CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION: 11/26/10 to 12/23/10. Four signs permitted as per signage plan dated 10/15/10.
NO. 1 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STRAMA & BROTHERS FOR CONSTRUCTION SERVICES TO RETROFIT THE LIBRARY DOORS TO INCREASE HANDICAPPED ACCESSIBILITY:
Montville Library doors are in need of retrofitting to increase handicapped accessibility; and
WHEREAS, a 2009 Community Development Block Grant, in the amount of $38,000, was obtained from the County of Morris to retrofit the library doors; and
WHEREAS, three (3) quotes were obtained from contractors to compete the necessary construction to make the Library more accessible and Strama & Brothers was the lowest quote; and
WHEREAS, the Township desires to award the contract for construction services to Strama & Brothers to retrofit the Library doors in the amount of $15,030.00.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Montville, in the
Morris and State of
New Jersey that the contract for construction services to retrofit the Library doors to increase handicapped accessibility be awarded to Strama & Brothers in the amount of $15,030.
Motion: Nielson. Second: Daughtry. Roll call vote – Daughtry, yes; Kostka, yes; Braden, yes; Nielson, yes; Sandham, yes. Resolution adopted.
NO. 2 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS: Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks. Motion: Nielson. Second: Daughtry. Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes. Resolution adopted.
Committeeman Daughtry asked about the status of the cell tower ordinance. Murphy stated Meghan Hunscher, Principal Planner, is working on it. They will have it done by the end of the year.
Daughtry stated the Explorers sent in a request to occupy the Edmunds House. We need to see if the Board of Education is going to vacate it and let them get acclimated to 86 River Road. I will tell Officer Cooney to get back to us in six months.
Daughtry reported they had a technology subcommittee meeting with the Library Board. He will be getting the Technology Committee together in the next few weeks and telling them what they did. Trying to get the fiber optics off the ground. Should I ask the Technology Committee if we want to look at computer maintenance as a town-wide thing? Township Committee – yes.
Committeeman Kostka stated he had asked Mr. Bastone about the appropriations and revenues. He received information on the appropriations. Can you give me information on the revenues? Bastone stated he is working on it with the auditors.
Kostka stated he would like to put forth a motion to direct our Administrator to speak with legal and the auditor to seek 10% cuts for next year, and bring back to us by next meeting. Nielson. Second. Discussion: Nielson stated she is not sure where 10% came from. Not fixated on a number. Kostka stated the 10% comes because it is a good round number. If they both agree then we would not go out to bid. If they didn’t agree, then I would direct the Administrator to go out to bid. Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes. Motion approved.
Committeewoman Nielson asked the target date to hire a new CFO. Sandham stated it is moving along. They have narrowed it down to eight people. Reasonable target – first of the year.
Nielson reported residents have asked for additional portals at the library for laptop use. Would ask that the library agenda be posted on the website.
Allan Kleiman, Interim Library Director, stated to my knowledge it has been posted for the last three months on the main page.
Committeeman Braden stated regarding the new garbage contract, a resident asked if yard waste pickup could be changed from the second garbage day to the first garbage day. Most people do their yard on the weekends.
Chairman Sandham reported the Library Board is still concerned about the high school pm pickup. Recommendation is that they ask the Chief to have the police go up and observe.
Sandham reported it was brought up at the Economic Development Committee that the landscapers did a good job with the signs for the fall. I have asked Trudy to draft a letter from us thanking them – and include the Chamber of Commerce in the letter.
RESOLUTION NO. 2010-CES-102610B 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:
6. Property Acquisition: Marketplace
7. Contract Negotiations: Animal Shelter
8. Potential Litigation
9. Litigation: Tax Appeal – 535 Realty Corp; Brozowski
Motion: Nielson. Second: Daughtry. All in favor. Resolution adopted.
At 9:25 p.m. – Closed Session. At 10:20 p.m. – Public Session.
Meeting adjourned at 10:20 p.m. Motion: Braden. Second: Kostka. All in favor. Motion approved.
Gertrude H. Atkinson, Township Clerk