MTC Meeting Minutes 12-14-10 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, December 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

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-121410 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:  Property Sale

2.      Personnel:  CFO; Tax Collector

3.      Litigation:  Tax Appeal – Lopez; Lotta Lettuce; Pisano; Mullen/Menza

4.      Contract Negotiations:  PSE&G

 

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

 

At 7:05 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.

 

PRESENTATIONS TO COMMITTEEMAN ART DAUGHTRY:  The Township Committee, staff, and Pat Ferrara honored Committeeman Daughtry, whose term is ending on December 31, 2010.

 

Committeewoman Nielson presented Daughtry with a certificate from Legislative District 26.

 

Daughtry stated he had a great run and a lot of fun.  He is very proud of the folks he worked with.  He will still be around.  He appreciates everyone who has helped out, especially the Township employees. 

 

RESOLUTIONS:

 

NO. 6 – RESOLUTION APPOINTING ROBERT LOWENFISH AS DIRECTOR OF THE DEPARTMENT OF FINANCE AND MUNICIPAL TREASURER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT:  Effective December 15, 2010.

 

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

 

Robert Lowenfish present.  He stated he is looking forward to the challenge.  Hopefully I can bring some of my background to the town, and help the Township.

 

PUBLIC HEARINGS:

 

NO. 1 – ORDINANCE NO. 2010-40 AMENDING CHAPTER 169 (FEES) AND 226 (JUNKYARDS) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND AMENDING FEES FOR VARIOUS TOWNSHIP PROGRAMS AND SERVICES:

 

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

 

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

 

NO. 2 – ORDINANCE NO. 2010-41 AMENDING CHAPTER 230 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING A PROCEDURE FOR MINOR LOT GRADING PLAN APPROVAL:

 

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

 

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

 

NO. 3 – ORDINANCE NO. 2010-42 AMENDING CHAPTER 10 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROVIDING FOR A YIELD SIGN ON WOODLAND ROAD AT THE INTERSECTION WITH ORCHARD DRIVE:

 

Chairman Sandham opened the public hearing.

 

William Greenberg, 13 Woodland Road, Montville, stated he was there on behalf of the Woodland Road residents.  He had asked for a stop sign on Orchard Drive.  If you don’t have a stop sign there, there will be massive confusion.   A yield sign – no clear site distance with the hedges there.  We are asking the Township Committee to withdraw the ordinance and put a stop sign there.  What we have there is a very oddly shaped road.

 

Anthony Barile, Township Engineer, stated in his study, based on the traffic, he seriously doubts a stop sign would be warranted by the DOT.  He would be happy to study it further.

 

Chairman Sandham asked Mr. Greenberg to get his request to Mr. Barile – diagram, etc.

 

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

 

Motion to defeat ordinance:  Nielson.  Second:  Kostka.  Discussion:  Committeewoman Nielson requested that memos be shared with the residents – apparently there was a disconnect.  I ask the Engineer and the Administrator to be mindful of the residents and be a part of the process.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Ordinance NOT adopted.

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported the Township Committee has approved the bond/assessment ordinance for the Plausha Park Water System.  The Township Committee is being asked to approve the design phase.  Township Committee approved.

 

Bastone reported on the temporary sign policy.  The Planning Board will be having extensive code changes in January.  The temporary sign code will be one of them.  Mr. Barile recommends addressing the changes then.

 

ATTORNEY:  Martin Murphy, Township Attorney, reported on the Lotta Lettuce case.  This is a pending case being handled by special counsel.  The settlement that was proposed has fallen through.  The judge has ordered the matter to trial the end of January.

 

Murphy reported he has been notified of a case by Russell and Angela Pisano regarding a developer’s agreement from the Planning Board.

 

Murphy reported on a case by a number of people regarding the constitutionality of the statute for applying for a permit to carry a gun.  Our Police Chief has been named in the case.  The Attorney General will be handling this.

Murphy reported on the Environmental Commission.  The statutes are silent as to whether a member under the age of 18 can be a member.  The statutes are silent.  Our opinion is no restriction – so under 18 could be appointed to serve on the Environmental Commission.

 

FINANCE:  No report.

ENGINEERING:  No report.

 

DISCUSSION ITEMS:

 

NO. 5 – 4TH OF JULY PARADE:  Dorie Berman, 8 Freedom Court, Montville, present.  Read letter from Irwin Paster, Chairperson.  The reason we will not be able to have a 2011 4th of July parade is purely financial.  In the past, the town has participated by funding the Police and DPW expenses.  Last year the police stepped forward due to the financial situation, but it would be presumptuous to assume the police can do this every year.  If the Township Committee feels they can fund this event, we would be happy to organize it as has been done in the past, but a decision needs to be made as soon as possible.

 

Sandham stated he would like to see the parade continue. 

 

Committeeman Braden asked the dollar amount associated with this function.  Bastone stated from his recollection – police $28,000; DPW $8,000 to $10,000.  That could be for the entire event.

 

Daughtry suggested getting the exact numbers and making the decision with Scott Gallopo up here in January. 

 

Sandham asked Ms. Berman to convey Mr. Paster to come to the next Township Committee meeting.

 

NO. 4 – CELL TOWER 86 RIVER ROAD:  Anthony Barile, Township Engineer, stated the Township granted permission for a co-locator on the cell tower at 86 River Road.  Metro PCS is the co-locator.  The plans they submitted for their facility included a backup power system which includes hydrogen tanks and a power cell which provides standby energy.  This is in place of a generator or gel cell batteries.  This is new technology.  It does exist in some locations in New Jersey.  I felt the Township Committee should be aware of this facility, and I asked Metro PCS to come and make a presentation.  Our Fire Official is here as well, and he has some concerns on the facility.

 

Michael Beck, Attorney Metro PCS; Ron Igneri, Site Engineer; and Christopher Radley, Altergy, manufacturer of the fuel cell, present.

 

Barile stated a picture of a typical installation was provided to the Township Committee.

 

Beck stated Metro PCS is the sixth co-locator on the site.  We plan to add four equipment cabinets at the base of the monopole. 

 

Radley, stated he is the Vice-President of product line management of Altergy.  They are a manufacturer of hydrogen fuel cells.  He described the hydrogen fuel cells and how they operate.  It is a very clean and green process.  They are looking at this technology because the FCC is looking to mandate that carriers have eight hours of backup time.  This system fits in the 5 to 6 foot footprint.  It operates on normal conversation volume.  With a fuel cell, if there is an extended outage, it can continue to run.  No combustion with this system.  Low temperature chemical reaction.  By-products that mix are heat and water.  You would just feel moist air coming out of the system.  The quantity of gas stored on site will be 3.6 kilograms which is equal to 3.6 gallons of gas.  It meets or exceeds all requirements of the State fire code.  The tanks are housed in an aluminum, noncombustible cabinet that will be locked in a secured, fenced-in enclosure.  The system has a hydrogen leak detector in it.  Described testing for their CSA listing. 

 

Radley explained this is a backup power system and is not running as long as the grid is running.  There are four sites currently installed in the State of New Jersey.        

 

Radley stated the hydrogen itself is coming from a green source – solar or a water treatment center. 

 

Barile stated they will put a tamper alarm on the hydrogen bottles cabinet.  This system is just for the Metro PCS co-locator.  There are other generators there for the other co-locators.

 

Joe Serrechia, Fire Official, stated he is going to e-mail Mr. Radley all of his questions on the system.  He did speak to him before the meeting.  He did receive the plans this evening regarding the distance of where the tanks will be away from the construction.  The leak detection in the tanks – are they going to call a technician first and then call the fire department.  They will work it out where they will call both, and they will train the fire department for this situation.  They will be giving me a list of the other sites in the area that have this situation.  We talked about the uniform fire code; there will be six cylinders stored there, the security, and that they will be putting ballards in front of the system for protection for vehicles.  We talked about a weekly test on the system.  He will send everything to him and get more information.

 

Committeeman Kostka asked if Mr. Serrechia feels the concerns can be worked through.  Serrechia answered yes, he just wants to get the information in writing.  Some of the information he does have, some he does not have.

 

Chairman Sandham proposed to the Township Committee that they give direction to the Township Engineer that he approves the application once the Fire Official is satisfied. 

 

Committeeman Daughtry asked if Metro PCS would be interested in supplying backup power to the Montville Fire Department because their high frequency tower is on that site as well.  The footprint for that site needs to be looked at down the road.  Is there any chance that the carriers will work together to have shared systems?

 

Beck replied generally the carriers are stand alone because they have different technology.  Daughtry stated going forward maybe they can re-think that.

 

Beck stated he will look into supplying backup power for the fire department.  He does not know if there is any surplus power.  They have a specified lease area.    

 

Committeewoman Nielson stated we have cell towers all over town.  If this is the new wave, we may want to develop a policy.  Perhaps this should be incorporated as a subsection in the cell tower ordinance being worked on.   

 

Township Committee in agreement that Mr. Barile’s direction is that they can proceed once the Fire Official is satisfied.

 

PUBLIC PORTION:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, spoke regarding the scheduling of Board of Education meetings.  Very often the BOE schedules their meetings the same nights as Township Committee meetings.  Can you make another request to them to change that?  Sandham stated they can ask.

 

Lefkowitz asked if the Township Committee can make a request that board and commission members send the Township Clerk their e-mails.  Lefkowitz stated this is to help with OPRA requests.  Sandham asked the Attorney his opinion. 

 

Murphy stated every situation is different.  It depends on the OPRA request.  Cannot give you an answer now. 

 

Braden stated the boards and commissions can include the clerk on their e-mail.  It would then go into our system and be stored.

 

Nielson stated some of the boards and commissions have a municipal liaison.  Typically, they are copied on the correspondence.  Suggest it goes through the liaison.  Braden suggested a ghost e-mail address be attached to all members of boards.

 

Sandham asked Mr. Bastone to look into.

 

Layne Grossi, 7 Hillcrest Road, Towaco, spoke about the variance process.  Suggest a review of the following:  board professionals and the escrow – I believe some of the professionals are price gauging our residents.  Perhaps the committee should review all rates before contract renewals on January 1.  The Township should promote growth. 

 

Variance process and Land Use Department.  The entire process has been unclear and unprofessional.  There is a lack of communication.

 

Board of Adjustment members – residents not treated with respect.  Some members did not seem prepared or organized.  I have been in contact with the Mayor.  Thank you for speaking to me.

 

Sandham requested Ms. Grossi submit her written notes.  She agreed, will rewrite, and submit. 

 

Sandham suggested that Ms. Grossi meet with Mr. Bastone and himself.  Braden suggested that the liaison to the Board of Adjustment (Art Daughtry) be included.

 

Donna Salvano, 3 Coppola Court, Montville, read letter.  For the past ten years, they have done winter maintenance on Coppola Court.  They submitted a petition in June 2010 requesting the Township take over the ownership of the road.  On October 26 the Township voted not to do winter maintenance.  We were not notified of any meetings.  We asked Angela Pisano why we were not notified and she advised us that Deb Nielson said not to notify the neighbors.  We are entitled to notification of the issue.  We have always shared in the cost of the winter maintenance.  There are safety concerns.  We were never advised by the Pisano’s or the Township of when Coppola Court was on the agenda.  There exists a driveway easement and a maintenance agreement from 1998 that was signed by Pisano and Guira. 

 

The road is in total disrepair.  Why wasn’t this settled two years ago?  This is not a neighborhood dispute.  Why wasn’t Mr. Pisano required to bring the road up to town specifications? 

 

We are putting the Township of Montville on notice that as a result of Pisano’s subdivision, stormwater runoff, and cutting of trees, the Township is allowing a dangerous condition to exist on Coppola Court.

 

We also have a copy of the list of the private roads in Montville that the Township provides maintenance for.  We feel we are being discriminated against. 

 

Should we be required to maintain the cul-de-sac and the town easements?  Does the Township plow the road to the dog park?  Every taxpayer should be treated the same.  We respectfully request Mr. Daughtry, Mr. Braden, and Mr. Kostka reconsider their decision.  How could you vote on an issue when you don’t have all the facts in front of you?  We have had numerous discussions with Township officials over the past two years, but find it hard to believe we were totally ignored when it came to vote on the issues. We are only asking for a seasonal maintenance to be performed.  Out of 15 roads, Coppola Court is one of five that is not being afforded winter maintenance.  Thank you in advance for your consideration.  Submitted letter to Chairman Sandham.

 

Linda Hill, 1 Coppola Court, Montville, stated she is in total agreement with the Salvano family and the other residents of Coppola Court.  It is unfair that other private roads are afforded winter maintenance.  We bought the house in 1998.  My husband, who owns a small paving company, paved it and plowed it at no cost.  Then we had to hire an outside contractor.  This is not a neighborhood dispute.  This is one thing the neighbors all agree on.  The 1998 maintenance agreement between Pisano and Guira was at the request of the town.  Mr. Pisano did not even own the road at that time.  It was aired at the Planning Board – back to 2002.  As it was discussed at four meetings – I believe a cost analysis has been done – how much would it cost to plow the road?  I believe it would be less than what we are paying.

 

I feel the town dropped the ball when it did not make Mr. Pisano improve the road.  I feel we are being discriminated against and respectfully request that you reconsider your position with respect to the request of winter maintenance and the dedication of Coppola Court.

 

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

 

Sandham stated we do have pending threatened litigation on this so we do have to be careful of what we say. 

 

Sandham asked Mr. Murphy if there is a notice requirement.  Murphy stated no.  We are not a board that grants variances.  The situation was that Mr. Pisano got up at public portion.  In only one instance was it a scheduled discussion.

 

Murphy reminded the Township Committee this is in litigation.  We just received the complaint yesterday.  We need to look into the agreements and records. 

 

Nielson stated regarding what Mrs. Pisano said – I can assure you that conversation emphatically never took place.  I would never tell people to stay home.  I am not sure if she misinterpreted something I said.  In any case where residents have concerns, we encourage and welcome people here.  We were elected to represent you.  My vote stands on this matter.  I was not in the majority.  Anything we can do to understand the entirety of the situation will help us out.

 

Sandham stated the agendas are posted on the website.

 

DISCUSSION ITEMS:

 

NO. 1 – PRELIMINARY BUDGET 2011:  Bastone stated he put together a hypothetical budget based upon specific analytical assumptions – appropriations for operating expenses, salaries, and hypothetical numbers for revenues.  Will continue to work on the budget document.  The big piece that is not here is the actual revenues.

 

Kostka stated employee health insurance is going up 12%.  PFRS going up 15.6%.  Accumulated leave 2010 budget estimate was $1.9 million as of 12/31/09.  How is that number put together?  Any anticipated impact for 2011?  What are the assumptions? 

 

Bastone stated there are no assumptions.  It is based on actual retirements that occurred in 2010.

 

NO.’S 2 AND 3 – BANKING SERVICES RFP AND BOND COUNSEL RFP:  Bastone stated both RFP’s were referred to the Long-Term Financial Planning Committee for review.  The recommendation for banking is to go with Lakeland Bank, scenario #2 (does not include courier payroll services).  We have to make a decision tonight.  There is a resolution on the agenda this evening.

 

Bond Counsel – LTFPC recommendation is to continue with our current bond counsel – McManimon & Scotland for two years.  Bastone stated he would like to ask the Township Committee for a three-year period – this is one of the best practices recommendations from the Governor.  Nielson suggested two years.  Township Committee consensus – two years.

 

NO. 6 – MUNICIPAL PROPERTY SALE:  Bastone stated there were no bids for 32 Maple Avenue.  There was one bid for $180,000 for 70 Changebridge Road.  The minimum suggested bid was $349,000.

 

Motion to not accept $180,000 bid:  Daughtry.  Second:  Kostka.  All in favor.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2010-CA22:  Motion:  Braden.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

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

 

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 2010;

 

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

                                             

Block 125.15 Lot 7

21 Fawn Drive

Khubani, Nikky & Soni                         2010                $4,370.60

 

Block 82.5 Lot 82

6 Harbeson Court

Juno, Dominick J & Theresa                          2010                $2,306.33

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE PROCESSING OF TAX SALE CERTIFICATE REDEMPTION:  Lien redemption certificate #09-00045, Block 160.2, Lot 19, $403.77.

 

CONSENT AGENDA ITEM C – RESOLUTION RELEASING BONEFISH/JERSEY LONG-ISLAND, LP (BLOCK 176, LOT 4.03 – 28 ROUTE 46) FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Bonefish/Jersey Long-Island, LP, the developer of property known as Block 176, Lot 4.03 – 28 Route 46, 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 Bonefish/Jersey Long-Island, LP in the form Performance Surety Bond No. 104761702 in the amount of $142,332.00 issued by Travelers Casualty and Surety Company of America shall be released; and

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

 

CONSENT AGENDA ITEM D – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Regular meetings 10/26/10 and 11/09/10.

 

CONSENT AGENDA ITEM E – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS FROM VARIOUS MEETINGS OF 2008, 2009, AND 2010:

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATE RELEASED

Starkey property acquisition

01/08/08

05/13/08

07/08/08

08/12/08

09/09/08

 

10/14/08

11/13/08

11/25/08

12/09/08

01/22/08

08/12/08

07/22/08

08/12/08

10/14/08

 

01/27/09

02/10/09

02/10/09

04/28/09

12/14/10

All

Property Acquisition - Dellechiaie

07/08/08

05/27/08

06/10/08

 

                      

 

11/25/09

07/22/08

08/12/08

07/22/08

 

 

 

02/10/09

12/14/10

All

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATE RELEASED

Property Acquisition – Dellechiaie

01/13/09

02/24/09

03/10/09

04/14/09

04/28/09

05/26/09

07/28/09

09/22/09

10/13/09

10/27/09

12/08/09

05/12/09

07/07/09

07/28/09

07/28/09

08/11/09

09/08/09

10/27/09

02/09/10

02/23/10

03/09/10

04/27/10

12/14/10

All

Property Acquisition - Starkey

04/14/09

04/28/09

07/28/09

08/11/09

07/28/09

08/11/09

10/27/09

10/27/09

12/14/10

All

 

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATE RELEASED

Property Acquisition - Starkey

01/12/10

05/25/10

12/14/10

Property Acquisition - Dellechiaie

01/12/10

03/23/10

05/25/10

09/14/10

12/14/10

Litigation – Verizon

09/14/10

11/23/10

12/14/10

Tax Appeal - Novin

09/14/10

11/23/10

12/14/10

Tax Appeal – Juno

09/28/10

11/23/10

12/14/10

Tax appeals - various

10/12/10

11/23/10

12/14/10

Tax Appeal – 535 Realty Corp.; Brozowski

10/26/10

12/14/10

12/14/10

Tax Appeal - Massey

11/09/10

12/14/10

12/14/10

Personnel – closed session attendance – committee-elect

11/09/10

12/14/10

12/14/10

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS:

 

WHEREAS, there appears to be insufficient funds in the following accounts (Excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year 2010; and

 

                        Legal Services, OE                             $  8,000

                        Unemployment Ins, OE                      $21,000

                        Fleet Maintenance, OE                       $  5,800

                        Dial-A-Ride, OE                                  $  2,060

Parks & Recreation, S & W                $  1,100

Public Health Nurse PT, S & W          $  3,815

                        Municipal Court, OE                            $  1,325

                                               

            WHEREAS,     there appears to be a surplus in the following accounts, (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges,) over and above the demand deemed to be necessary for the balance of the year 2010;

                       

                        Group Insurance, OE              $43,100

                                                                                                                       

            NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands; and

 

            BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.

 

Motion:  Sandham.  Second:  Daughtry.  Discussion:  Kostka stated this is all I have.  There is no documentation.  Roll call vote – Daughtry, yes; Kostka, no; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE SUBMITTAL OF A 2011 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE COUNTY OF MORRIS:  Plausha Park Water System $80,000.

 

Motion:  Braden.  Second:  Kostka.  Discussion:  Bastone stated they need to resolve the allocation of the funds based upon the split between the Plausha assessment and the Township allocation.  He recommends the split.  The split on the ordinance is 1/3 Township and 2/3 Plausha Park.  Sandham asked the portion that goes back – does it only go back to the low/mod?  Bastone stated it goes to the project – all of them. 

 

All in favor.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING THE PREPARATION OF SPECIFICATIONS AND SOLICITATION OF BIDS FOR THE UPPER MOUNTAIN AVENUE WATER EXTENSION GRID PROJECT:

 

Motion:  Daughtry.  Second:  Sandham.  Discussion:  Bastone stated this project is appropriated under the 2010 water capital budget in the amount of $190,000.  Braden asked how does this differ from Plausha Park?  Bastone stated Plausha is an existing private water system that we are running water into.  Braden stated and these people are on private wells.  They are going to be paying connections fees. 

 

Nielson asked if water hookup is mandatory.  Bastone answered no. 

 

Table resolution.  Motion:  Kostka.  Second:  Nielson.  All in favor.  Resolution tabled.

 

NO. 4 – RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 IN A CONTRACT BETWEEN THE TOWNSHIP AND D & L PAVING CONTRACTORS:

 

WHEREAS, The Township of Montville and D & L Paving Contractors entered into a Contract for the 2010 Road Resurfacing Project; and

           

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

           

WHEREAS, the details of the proposed Change Order are as follows:

 

ITEM NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

TOTAL ITEM PRICE

 

ADDITIONS

 

 

 

 

1

Pavement Milling

S.Y.

2,832

$1.75

$4,956.00

2

Bituminous Concrete Surface Course

Tons

1039.75

$55.68

$57,893.28

 

 

 

 

TOTAL

$62,849.28

 

; and

 

WHEREAS, D & L Paving Contractors has submitted a change order for a change to the total contract price of $62,849.28; and

 

            WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with D & L Paving Contractors as a result of this change.

 

            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 in the Contract between the Township of Montville and D & L Paving Contractors:

 

Amount of Original Contract:              $369,876.00                            Supplemental  $62, 849.28    

 

Adjusted Amount Based                                                                     Reduction        $         0.00    

On Change Order No. 1:                    $532,725.28               

                                                                                                            Total Change  $62,849.28    

% Change in Contract:                       16.99%                       

 

Motion:  Nielson.  Second:  Braden.  Discussion:  Barile explained due to the low bid, we did try to do as much paving as we could – expanded the scope of the project.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP AND THE BOROUGH OF MOUNTAIN LAKES – HEALTH SERVICES 2011:  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; 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:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Kostka, yes; Nielson, yes; Braden, yes; Sandham, yes.  Resolution adopted.

 

NO. 8 – RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 IN A CONTRACT BETWEEN THE TOWNSHIP AND D & L PAVING CONTRACTORS FOR THE VREELAND AVENUE RESURFACING PROJECT:

 

WHEREAS, The Township of Montville and D & L Paving Contractors entered into a Contract for the Vreeland Avenue Resurfacing Project; and

           

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

           

WHEREAS, the details of the proposed Change Order are as follows:

 

ITEM NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

TOTAL ITEM PRICE

 

SUPPLEMENTAL

 

 

 

 

15

Reinforced Granite Block Curb

LF

2

22.00

44.00

16

Granite Block Curb

LF

25

22.00

550.00

 

 

 

 

SUB-TOTAL

594.00

 

REDUCTIONS

 

 

 

 

4

Police Traffic Directors

M.H.

58

60.00

-3,480.00

5

Pavement Milling, 2" thick

SY

784

1.50

-1,176.00

6

Roadway Excavation, unclassified

CY

42

25.00

-1,050.00

7

Dense Graded Aggregate Base Course

SY

285

0.01

-2.85

8

Superpave HMA Base Course

Tons

71

60.00

-4,260.00

9

Superpave HMA Surface Course

Tons

274

59.90

-16,412.60

13

Type B Inlet Curb Piece

Each

2

250.00

-500.00

17

Traffic Stripes, Yellow, 4" wide

LF

134

0.55

-73.70

18

Traffic Stripes, White, 6" wide

LF

27

0.82

-22.14

19

Traffic Stripes, White, 12" wide

LF

4

1.65

-6.60

 

 

 

 

SUB-TOTAL

-26,983.89

 

EXTRA

 

 

 

 

26

Stormwater Inlet Grates

Each

3

400.00

1,200.00

 

 

 

 

SUB-TOTAL

1,200.00

 

 

 

 

 

 

 

 

 

 

TOTAL

-25,189.89

 

                                                               

; and

 

WHEREAS, D & L Paving Contractors has submitted a change order for a change to the total contract price of $-25,189.89; and

 

            WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with D & L Paving Contractors as a result of this change.

 

            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 in the Contract between the Township of Montville and D & L Paving Contractors:

 

Amount of Original Contract:              $143,709.96                            Supplemental        $594.00

 

Adjusted Amount Based                                                                     Reduction        $-26,983.89       

On Change Order No. 1:                    $118,520.07                           

                                                                                                            Extra                   $1,200.00

                                                                                                           

% Change in Contract:                       -17.53%                                   Total Change  $-25,189.89

 

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

 

NO. 9 – RESOLUTION AWARDING THE CONTRACT FOR BANKING SERVICES TO LAKELAND BANK:

 

WHEREAS, the Township of Montville solicited proposals for banking services and accepted proposals on November 10, 2010; and

            WHEREAS, the proposal submitted by Lakeland Bank, attached hereto, has been recommended for acceptance by the Township Administrator as per the following:

                       

Two-year term 01/01/11 – 12/31/12

Option #2 – 0.65% interest rate without payroll and courier services

           

            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 proposal for banking services for 01/01/11 – 12/31/12 submitted by Lakeland Bank in the form attached hereto is hereby accepted as per the following:

                       

Two-year term 01/01/11 – 12/31/12

                        Option #2 – 0.65% interest rate without payroll and courier services

 

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

 

NO. 10 – RESOLUTION OPPOSING SENATE BILL 818 AND ASSEMBLY BILL A-2095 REVISING REQUIREMENTS FOR EMERGENCY MEDICAL SERVICES DELIVERY:

 

WHEREAS, Senate S-818 and Assembly Bill A-2095 revise the requirements for emergency medical services delivery; and            

 

            WHEREAS, in New Jersey, when someone calls for an ambulance, in most areas, a volunteer first aid squad will respond; and

 

            WHEREAS, the Emergency Medical Service Volunteers (EMS Volunteers) provide invaluable life saving services while responding to a wide variety of medical emergencies; and

 

            WHEREAS, EMS volunteers are selfless individuals who provide aid to anyone who requires medical assistance under very difficult circumstances; and

 

            WHEREAS, the New Jersey State First Aid Council opposes Senate Bill S-818 and Assembly Bill A-2095 because the Bills will impost unnecessary and burdensome regulatory and financial burdens upon volunteer first aid squads already understaffed and under-funded; and

 

            WHEREAS, the Emergency Medical Technician Training Fund is a dedicated, non-lapsing, revolving fund, established to reimburse any entity which is certified by the Commissioner of Health and Senior Services to provide training and testing for volunteer ambulance, first aid and rescue squad personnel who are seeking EMT certification and/or recertification; and

 

            WHEREAS, Senate Bill S-818 and Assembly Bill A-2095 replace the “Emergency Medical Technician Training Fund” with the “Emergency Medical Services Training Fund” and permits the use of the fund by individuals and agencies other than for volunteer ambulance, first aid and rescue squad personnel; and

 

            WHEREAS, Senate Bill S-818 and Assembly Bill A-2095 would remove the supervision and control of volunteer first aid squads from their respective municipalities to the New Jersey Department of Health and Senior Services; and

 

            WHEREAS, New Jersey and more than 25 other states as well as the federal government require one (1) Emergency Medical Technician (EMT) along with one (1) other non-EMT to staff each ambulance.  Senate Bill S-818 and Assembly Bill A-2095 will mandate each volunteer first aid squad to provide two (2) EMTs on every call; and

 

            WHEREAS, the revisions contained in Senate Bill S-818 and Assembly Bill A-2095 will result in a decline in the number of available volunteer ambulances in the EMS services and increase the financial burden on municipalities and volunteer first aid squads; and

 

            WHEREAS, Senate Bill S-818 and Assembly Bill A-2095 place new and expanded rules, responsibilities and requirements on municipalities that will cause additional expense for municipalities without a funding source, thereby creating an unfunded mandate in violation of the New Jersey Constitution Article VIII, Section 2, Paragraph 5 and N.J.S.A. 52:13H-2; and

 

            WHEREAS, the New Jersey State First Aid Council represents more than 20,000 EMS volunteers affiliated with more than 350 first aid and rescue squads throughout the state and the New Jersey State First Council has identified additional concerns that would adversely effect volunteer ambulance services and made them known to the bills sponsors; and

 

            WHEREAS, the study upon which these bills are based is reported to contain inaccurate and inconsistent information about the New Jersey EMS System

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, State of New Jersey, to oppose New Jersey Senate Bill A-818 and New Jersey Assembly Bill A-2095; and be it further RESOLVED that the Township Clerk shall forward a certified copy of this Resolution to the following;        

 

            (1.) The Honorable Chris Christie, Governor of the State of New Jersey

            (2.) The Honorable Stephen M. Sweeney, President, NJ State Senate

            (3.) The Honorable Sheila Y. Oliver, Speaker of the NJ General Assembly

            (4.) Assemblyman Herb Conaway

            (5.) Senator Joseph Vitale

            (6.) The 26th District Legislators

            (7.) Township Squad

            (8.) Assembly Health and Senior Services Committee

            (9.) Senate Health, Human Services and Senior Services Committee

 

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

 

COMMITTEE REPORTS:

 

Committeeman Braden – no report.

 

Committeewoman Nielson stated they did an evaluation on the Administrator last year.  It is that time again.  Just want to remind the Township Committee that we do have a form and a process.  I can pass out the forms, and we can start that process.  Sandham stated he will cull them this year. 

 

Nielson spoke about the landscape vehicles on Waughaw Road.  We have addressed this before.  Bastone will check with the police – as this is a police issue. 

 

Nielson stated the cell tower ordinance will be introduced next year.  Requested Mr. Bastone make sure Mr. Daughtry is aware.

 

Nielson stated Camp Dawson was discussed at the Board of Health meeting last night.  Would ask that the items become public and that we receive an update.  We should provide reassurances to the public – press release.

 

Sandham stated we can post on the website. 

 

Committeeman Kostka stated for Mr. Bastone in the year 2011 – we need to look at a town-wide unused sick leave policy that addresses all positions – accumulated sick leave and sick leave payout.  Bastone stated accumulated sick leave is governed by civil service. 

 

Kostka stated at last meeting he brought up the paid medical insurance by retirees.  This will be a discussion topic at LTFPC.

 

Chairman Sandham reported January 23 is the Women’s Club blood drive at the First Aid Squad. 

Sandham spoke about arbitration reform.  It was agreed to by the Governor and the legislature. 

 

Sandham wished everyone a Merry Christmas and Happy New Year.  He stated Art Daughtry served for six years.  He has brought integrity to the Township Committee.  He has served our citizens well.  On a personal level, Art has been a mentor to me.  I welcome Scott to the dais next year, I will miss Art.

 

Committeeman Daughtry reported on the Technology Committee.  The Board of Education is moving along on the network IT based phone system.  He will get back to the Township Committee and the Administrator next year.

 

Daughtry stated it has been a great run – a rewarding experience.  I want to thank the Mayor and my colleagues on the Township Committee.  Kudos to Mr. Gallopo.  I am sure he will do fine up here. 

 

Daughtry spoke about the reduction in debt.  We did that – and the LTFPC.  It was always a cooperative effort.  Want to thank my colleagues and thank you to the Sammits’, Adam Brewer, and Robert Lefkowitz.

 

Meeting adjourned at 10:25 p.m.  Motion:  Daughtry.  Second:  Kostka.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Monday, 14 March 2011 )
 
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