MTC Minutes 01-25-11 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, January 25, 2011, 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 Tim Braden

Committeeman Don Kostka

                        Committeeman Scott Gallopo

                        Committeewoman Deb Nielson

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Robert Lowenfish, Treasurer/Director of Finance

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-112511A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12: 

1.      Contract negotiations: Shared Services

2.      Attorney-client privilege

3.      Personnel

4.      Contract negotiations – health benefits

5.      Litigation:  24 Heritage Court; Tax Appeal – Azarian/Smith

 

Motion:  Nielson.  Second:  Gallopo.  All in favor.  Resolution adopted.

 

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

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

PROCLAMATION HONORING LELIA DENMARK – 113th BIRTHDAY:  Lelia Denmark is former Committeeman Art Daughtry’s Great Aunt.  Mr. Daughtry and his mom accepted the proclamation on Ms. Denmark’s behalf.

 

PRESENTATION TO MAYOR JIM SANDHAM:  The Township Committee presented Mayor Sandham with a silver plate from the Mayor’s Wellness Campaign.  The Mayor participated in the Mayors Healthy Barbeque Cook-Off in Lincoln Park in September.  His entry, Chicken with Rosemary and Sage, won the award for most nutritious.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2011-01 AMENDING CHAPTER 8 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROVIDING FOR THE APPOINTMENT OF UP TO TWO ALTERNATE MEMBERS OF THE RECREATION COMMISSION:

 

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

 

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

 

REPORTS:

 

ADMINISTRATOR:  Frank Bastone, Township Administrator, reported the revaluation contract is on the agenda for award.  Appraisal Systems has agreed to the reduction of 10%.

 

ATTORNEY:  No report.

FINANCE:  No report.

ENGINEER:  No report.

 

DISCUSSION ITEMS:

 

NO. 1 – 4th OF JULY PARADE:  Irwin Paster, 4th of July Committee Chairman, present.  He stated with the additional $17,000 we have to come up with, we made the decision we should forego the parade for 2011.  It is difficult to pull money out of someone.

 

Chairman Sandham asked if the length of the road could be shortened.  Could other alternatives be explored, i.e. unpaid bands, etc?  How much money is committed to the parade by the 4th of July Committee?  Paster responded approximately $8,000 or $9,000.  Sandham asked if that money could be used for the Police overtime instead. 

 

Committeeman Braden asked Mr. Paster if he could provide them with a financial statement of the 4th of July Committee so they can better understand.  Paster answered sure.  The committee will look into scaling down the length of the parade and less bands.

 

Bastone stated he will work on the grants.

 

Sandham stated fun run – look into taking the route off the streets.  Put on agenda for next meeting.

 

Melinda Jennis, Cherokee Court, Montville, stated the 5k is a certified run, so it has to be a certain way.  I would like to sit down with the Police to talk about the costs and look at other alternatives.

 

Bastone stated Melinda can give him a call and he will set up a meeting with the Police.

 

Jennis stated they can also look into having the fun run at a different time of the year to get more people.

 

NO. 2 – LOWE’S UPDATE:  Bastone reported they met with Mr. Boswell.  You have a status report from Mr. Barile and a letter from Mr. Boswell:

 

1.  Junkyard operations – GI Auto has ceased junkyard operations and moved their operation to Paterson.

 

            2.  Demolition of the existing structures – to begin in March.

 

3.      Remediation – cleanup is in progress.  Environmental reports are being prepared to submit to the DEP.

 

4.      Site improvements – the second building has not been leased yet.

 

5.      A variance application is being submitted for a new sign.

 

6.      Permitting – expect to submit to NJDOT within a week.  Bump-out we insisted on continues to be part of that plan.   

 

7.      Water and sewer/flood hazard/wetland applications are being prepared to be submitted to the NJDEP.

 

8.      Construction is expected to begin in June.

 

9.      Traffic calming – a request was made to NJDOT to allow the Township to dead-end Maple Avenue near Route 80.

 

We have to decide if we do want to dead-end and/or cul-de-sac Maple Avenue at the north end near Route 80.

 

Bloomfield Avenue bridge – Lowe’s made an agreement with Morris County about work that needs to be done on the bridge.

 

Bastone will get a clarification as to if they are leasing or buying the property.  He will ask if there is a timeframe of when they will hear back from the DOT.

 

Sandham stated we need to find out what the options are and then have a public discussion.

 

Bastone spoke regarding Mr. Boswell’s letter dated 01/20/11 – the home located at 8 Maple Avenue.  It was originally slated for demolition.  Wetlands regulations – they are now suggesting that Montville Township would be better served if they don’t demo the house.

 

Committeewoman Nielson stated the residents were adamant that the house come down.  There were also discussions at the time of moving John Street Park up closer to the street and in a safer situation.  I would like tax, zoning, and police reports on that house for the last years by year. 

 

Bastone stated Bloomfield Avenue streetscape – one of the requirements of the application was that they install streetscape improvements between Van Winkle and the proposed site.  They are asking if we would like to have a monetary contribution rather than they do the work.

           

Mr. Barile thought what we might like to do is go back to the Planning Board Engineer and ask him to give us an estimate.

 

Nielson stated she would like to see the resolution of approval – what was agreed to.  Township Committee agreed – they would a list of improvements and the cost.

 

NO. 3 – 2011 MUNICIPAL BUDGET:  Bastone reported he is working on finalizing revenue and surplus figures.  He would like a consensus as to how to approach the budget from now on. 

 

Revenue – three big numbers we are waiting for:  fund balance, library surplus funds, and State aid. 

 

Discussion regarding the Library surplus and the requirements they need to follow for returning the surplus.  The surplus is to be used only for taxpayer relief.  Township Committee will discuss managing the Library surplus. 

 

Bastone stated he would like to set a date for the Township Committee to get him their questions on the budget.  He will then give them one response document.

 

Township Committee to get their questions to the Administrator by February 7.  Bastone stated when he gets our surplus number, he will let them know.

 

Bastone explained the appropriations cap and the levy cap.  He explained that certain items such as health care and pension are outside the cap. 

 

NO. 4 – COMPUTERS:  Sandham stated there are a couple of us on the Township Committee who want to get to a paperless environment.  He discussed personal and work computers as they relate to the OPRA law.  He would like dedicated computers just for Township business.  It is a good investment.  Also, would like to get some of the information we are talking about up on the screen.  Braden stated units could be synced on the dais.  It is a good investment.

 

Committeeman Gallopo stated e-mails are stored on servers.  It is my understanding the plan is not to purchase five the first year so we wouldn’t be able to be paperless the first year.  The public having access to our documents – that should be our frontline.  The public should have access via whiteboard or something else.  Since I am a liaison to the Technology Committee, I will relay it to them – the public access and the paperless aspect.

 

Kostka stated public access is the first priority.  Sandham stated he doesn’t see any reason they can’t do both.  Gallopo stated they can also videotape meetings and people can access documents from home.

 

Braden stated he would like to turn this over to the Technology Committee for recommendations and cost estimates.

 

Discussion regarding Montville Township e-mails on personal and work computers, networks, and OPRA requirements.

 

NO. 5 – EDMUNDS LITTLE HOUSE:  Bastone reported the Police Explorers and Kiwanis Food Pantry have expressed interest in the use of the little house, as have other organizations.  Sandham stated we have received letters from the Explorers and Kiwanis.

 

Nielson stated in Spring 2009 she was contacted by the Broncos with interest.  This is in a residential neighborhood.  It was purchased with open space funds.  The use was very limited intentionally.  If there was going to be expanded use, we would need a public hearing.

 

Sandham asked what is the process we are going to use to find out what use is appropriate and who is interested for what.  Is multi-use an option?

 

Braden stated multi-use is the best option.  Nielson stated we should have groups submit how they would use it, hours, number of people, etc.  Braden stated they could reach out to the Recreation Director and see if she has scheduling problem and would this take some of the burden off.

 

Sandham requested Mr. Bastone put a short questionnaire together:  use, hours of operations, number of people, etc.  Get the form out there with a deadline.  Bastone will come up with a form and bring back to the Township Committee.

 

PUBLIC PORTION:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated it is a great idea to have all the documents public during the meeting.  We are actually testing something tomorrow - one of the committees for the library.  Will let you know how that goes.  Regarding the e-mailing, I am sure the Technology Committee can address that.

 

Regarding videotaping – I am happy to videotape sometimes.  If the town wants to put it on the website, you are welcome to it.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2011-02 AMENDING CHAPTER 317, ARTICLE II OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  Recycling.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 8, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Gallopo.  Discussion:  Bastone will provide the Township Committee with the changes to the ordinance for next meeting.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2011-03 AMENDING THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE TOWNSHIP OF MONTVILLE:  Waiver of group health care benefits.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 8, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Gallopo.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

NO. 3 – ORDINANCE NO. 2011-04 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE FOR THE YEAR 2011:  Unrepresented.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 8, 2011, at 8 p.m.  Motion:  Braden.  Second:  Nielson.  Discussion:  Nielson stated this is for the Planning Board recording secretary.  She asked if the Board of Adjustment secretarial positions had an adjustment in stipend, as there was a retirement there.  Bastone will check on.  Kostka stated he would like to see salary ranges on positions, instead of a fixed number.  Bastone stated we can do that when they do the salary ordinance for all of the positions – a comprehensive document.  This ordinance now iis basically to take care of a number of new appointments.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA3:  Motion:  Nielson.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVE TAX REFUNDS – VARIOUS TAX APPEALS 2009 AND 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 2009 and 2010;

 

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

                                              

Block 15.3 Lot 8.2

1 Shawnee Trail

Barot, Mayank n & Veni M                               2010                $  3,272.39

 

Block 82.10 Lot 3

14 Herrman Way

Tolia, Bharati                                                   2009                $  2,958.30

 

Block 1 Lot 11.36

10 High Mountain Drive

Kahr, Richard J & Anita E                               2009                $  5,357.90

 

Block 76 Lot 15.10

6 Meadow Court

Turan, Hamdam                                              2009                $  2,672.41

 

Block 149.4 Lot 6

263 Changebridge Road

535 Realty Corp. Etc                                      2009                $13,092.00

 

Block 40 Lot 61.1

39 Waughaw Road

Brzozowski, Thomas                                      2009                $  2,682.19

 

Block 21.1 Lot 42.26

2 Bonnieview Lane

Massey, Bashar & Rita                                   2010                $  1,200.23

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following tax sale certificate redemptions be processed by the department of Finance:

 

Block 21.1 Lot 31       

19 Stony Brook Road

Premium Money                                                                                  $  5,000.00

Lien Redemption Certificate #10-00004                                             $  9,038.22

Total Payment                                                                                     $14,038.22

To:       Lien Times, L.L.C.

 

Block 52 Lot 33 Qualifier C102J

120 Revere Court

Lien Redemption Certificate #08-00004                                             $  2,290.56

To:       CCTS Capital LLC

 

CONSENT AGENDA ITEM C – RESOLUTION ESTABLISHING INTEREST RATES FOR THE PAYMENT OF TAXES AND WATER & SEWER CHARGES FOR 2011:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey that the rate of interest to be charged and collected by the Tax Collector, her Department, and the Water & Sewer Department, shall be as follows:

 

            1.         On all unpaid and delinquent taxes, the rate of eight percent (8%) per annum on the first $1,500.00 of the delinquency and eighteen percent (18%) per annum on any amount in excess of $1,500.00.

            2.         On all unpaid and delinquent improvement assessments, the rate of eight percent (8%) per annum on the first $1,500.00 of the delinquency and twelve percent (12%) per annum on any amount in excess of $1,500.00.

            3.         On all unpaid delinquent water and sewer charges, the rate of eight percent (8%) per annum on the first $1,500.00 of the delinquency and twelve percent (12%) per annum on any amount in excess of $1,500.00.

            4.         No interest shall be charged on taxes if payment is made within ten (10) calendar days (including the due date) of the date upon which the same becomes payable.

            5.         A penalty shall be charged in the amount of six percent (6%) on any delinquency in excess of $10,000.00 that is unpaid prior to the end of the calendar year as authorized by N.J.S.A. 54:4-67.

            6.         In addition to the above interest and penalties, the holder of a tax sale certificate (municipally held or outside) is entitled, under N.J.S.A.54:5-61, to the following:  when the tax title certificate amount shall exceed the sum of $200.00, the holder of the tax title shall be entitled to collect from the owner or other person having an interest in the lands an additional sum equal to two percent (2%) of the amount so paid for the tax title certificate.  When the tax title certificate amount shall exceed the sum of $5,000.00, such additional sum shall be equal to four percent (4%) of such amount paid; and when the tax title certificate amount exceeds $10,000.00, such additional sum shall be equal to six percent (6%) of such amount paid.

 

CONSENT AGENDA ITEM D – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – T-MOBILE NORTHEAST, LLC – BLOCK 167, LOT 13:

 

WHEREAS, T-Mobile Northeast, L.L.C., the developer of property known as Block 167, Lot 13 (34 Maple Avenue) is required to submit a Performance Guarantee to the Township of Montville; and

            WHEREAS, T-Mobile Northeast, L.L.C. has submitted a Performance Guarantee in the form Performance Bond No. 070009154 issued by Liberty Mutual Insurance Company in the amount of $23,154.00; and

            WHEREAS, the Planning Board Engineer and Township Attorney have reviewed the Performance Guarantee submitted and have recommended its acceptance.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by T-Mobile Northeast, L.L.C. in the form of Performance Bond No. 070009154 issued by Liberty Mutual Insurance Company in the amount of $23,154.00 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM E – RESOLUTION RELEASING GEORGE TOKARSKI – BLOCK 109, LOT 18, 811 ROUTE 202 – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, George Tokarski, the developer of property known as Block 109, Lot 18 (811 Route 202) 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 Planner.

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 George Tokarski in the form of Performance Surety Bond No. 70117167 in the amount of $39,000.00 issued by Western Surety Company and cash in the amount of $4,574.04 ($4,764.00 less outstanding escrow due of $186.96) shall be released.

 

CONSENT AGENDA ITEM F – RESOLUTION CONFIRMING THAT FRANCES VANDERHOOF IS THE CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, pursuant to N.J.S.A. 40A:9-140.10, every municipality must appoint a Chief Financial Officer; and

WHEREAS, Frances Vanderhoof served as Chief Financial Officer prior to her retirement and has agreed to continue part time in that capacity.

            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 it confirms that Frances Vanderhoof shall continue to serve as Chief Financial Officer of the Township of Montville effective immediately.

 

CONSENT AGENDA ITEM G – RESOLUTION APPOINTING A QUALIFIED PURCHASING AGENT AND INCREASING THE BID THRESHOLD:

WHEREAS, the recent changes to the Local Public Contracts Law gave local contracting units the ability to increase their bid threshold up to $36,000; and

           

WHEREAS, N.J.S.A. 40A:11-3a permits an increase in the bid threshold if a Qualified Purchasing Agent is appointed as well as granted the authorization to negotiate and award such contracts below the bid threshold; and

           

WHEREAS, N.J.A.C. 5:34-5 et. seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and

           

WHEREAS, Frances Vanderhoof possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et seq.; and

           

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

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the bid threshold is hereby increased to $36,000.00; and

           

BE IT FURTHER RESOLVED that the governing body hereby appoints Frances Vanderhoof as the Qualified Purchasing Agent authorized to exercise the duties of a purchasing agent pursuant to N.J.S.A. 40A:11-2(30), with specific relevance to the authority, responsibility, and accountability of the purchasing activity of the contracting unit; and

           

BE IT FURTHER RESOLVED that in accordance with N.J.A.C. 5:34-5.2, the Montville Township Clerk is authorized and directed to forward a certified copy of this resolution and a copy of Frances Vanderhoof’s certification to the Director of the Division of Local Government Services.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING THE RENEWAL OF A JUNKYARD LICENSE TO V & V RECYCLING, INC. – BLOCK 56, LOT 12.01:  Year 2011.  144 Main Road.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY ACCESS ROAD AGREEMENT FOR POWER LINE CONSTRUCTION FROM THE TOWNSHIP OF MONTVILLE TO PUBLIC SERVICE ELECTRIC & GAS:

 

WHEREAS, PSE&G has requested that the Township grant Temporary Access Road Easements for power line construction over the following Township owned property:

            Block 3, Lot 8; and

            WHEREAS, the Township Committee finds that it is necessary to grant such Temporary Access Road Easements for power line 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 the appropriate municipal officials are hereby authorized to execute Temporary Access Road Easements for power line construction with PSE&G over the following Township owned properties in the form attached hereto:

            Block 3, Lot 8

 

RESOLUTIONS:

 

NO. 1 – APPOINTMENT OF LARRY MANFRA TO THE RECREATION COMMISSION AS ALTERNATE #1 FOR A FIVE-YEAR TERM ENDING 12/31/15:  Discussion regarding the term – typically the alternate is a two-year term.  Mr. Murphy will check the State statute.  If it is not addressed, Township Committee agreed to make it a two-year term.  Motion to table:  Braden.  Second:  Gallopo.  All in favor.  Motion approved.

 

NO. 2 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS 2010: 

 

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

 

                        Township Committee                       $  1,800

                        Police O/E                                          $15,000

                        Roads O/E                                         $  6,000

                        Fleet O/E                                            $     750

                        Municipal Court O/E                         $     750

                                               

            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;

                       

                        Township Clerk O/E                         $  1,800

                        Solid Waste O/E                                $22,500

                                                                                                                       

            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:  Nielson.  Second:  Braden.  Kostka asked how is the Township Committee overspent by $1,800?  Bastone answered it is because of the Montville Messenger.  Sandham stated the Messenger didn’t come in as breakeven as we thought.  We used to pay over $20,000 for it, and now we pay only about $8,000.

 

Roll call vote – all yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH APPRAISAL SYSTEMS, INC.:

 

WHEREAS, there exists the need for professional appraisal services in connection with the Township wide revaluation ordered by the Morris County Board of Taxation; and

            WHEREAS, the maximum amount of the contract is $358,830.00; and

            WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

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

            Section 1.       The Mayor and Clerk are hereby authorized and directed to execute an agreement with Appraisal Systems, Inc. for professional appraisal services in connection with the Township wide revaluation ordered by the Morris County Board of Taxation for a total amount not to exceed $358,830.00 as set forth in the contract for revaluation services attached hereto.

            Section 2.       This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

            Section 3.       A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

 

Motion:  Nielson.  Second:  Braden.  Discussion:  Sandham stated this is for the revaluation that is going to occur in 2011.  Nielson stated our sincere thanks to the professional for reducing their fee by 10%.

 

Roll call vote – all yes.  Resolution adopted.

 

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH UHL & ASSOCIATES, INC.: 

 

            WHEREAS, there exists the need for the services of a hydrogeologist and environmental specialist in connection with the Lotta Lettuce property and miscellaneous consulting for the Township of Montville; and

            WHEREAS, the maximum amount of the contract is $6,200.00; and

            WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

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

            Section 1.       The Mayor and Clerk are hereby authorized and directed to execute an agreement with Uhl & Associates, Inc. for the services of a hydrogeologist and environmental specialist in connection with the Lotta Lettuce property and miscellaneous consulting for the Township of Montville, for a total amount not to exceed $6,200.00.

            Section 2.       This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

            Section 3.       A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

 

Motion:  Nielson.  Second:  Gallopo.  Roll call vote – all yes.  Resolution adopted.

 

NO. 5 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DONNELLY ENERGY SOLUTIONS FOR THE 2010 BOARD OF PUBLIC UTILITIES, NEW JERSEY CLEAN ENERGY PROGRAM – DIRECT INSTALL:

 

WHEREAS, the Township of Montville is participating in the 2010 Board of Public Utilities, New Jersey Clean Energy Program – Direct Install; and

            WHEREAS, the Board of Public Utilities, New Jersey Clean Energy Program – Direct Install has a limited number of participating contractors, who have been selected through a competitive bidding process and specially trained and equipped to provide turn-key, start-to-finish program services, which include helping complete the application/agreement, performing the energy assessment to identify eligible equipment replacements, and then replacing the equipment; and

            WHEREAS, the identified participating contractor for Township of Montville is Donnelly Energy Solutions who will provide the services listed above; and

WHEREAS, the Township of Montville desires to have Donnelly Energy Solutions complete work identified in the Scope of Work Attachment for the Department of Public Works (DPW) Building and the Public Safety Building in the amount of $5,924.67.

            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 contract for Direct Install Program Participation shall be awarded to Donnelly Energy Solutions for services in the amount of $5,924.67.

 

Motion:  Nielson.  Second:  Gallopo.  Roll call vote – all yes.  Resolution adopted.

 

NO. 6 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LADDEY, CLARK & RYAN, LLP:

 

WHEREAS, there exists the need for legal services in connection with the Lotta Lettuce litigation; and

            WHEREAS, the maximum amount of the contract is $150.00 per hour which shall not exceed $10,000.00.

            WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

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

            Section 1.       The Township Administrator is hereby authorized and directed to execute a letter agreement dated January 21, 2011 with Laddey, Clark & Ryan as special municipal counsel for the Lotta Lettuce litigation at an hourly rate of $150.00 per hour for a for a total amount not to exceed $10,000.00.

            Section 2.       This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

            Section 3.       A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

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

 

COMMITTEE REPORTS:

 

Committeeman Gallopo reported on the Historic Preservation Review Commission meeting.  They would like the Township Committee to consider renaming the Starkey property to the Miller Starkey property.  Also, there should be recognition that it is a historic site.  Township Committee agreed – find out if it is a historic site and take under advisement for now.

 

Committeewoman Nielson – no report.

 

Committeeman Kostka reported on the Long-Term Financial Planning Committee meeting.  They are going to be working on a follow up water and sewer rate report.  They would like to review union contracts and make recommendations to the Township before the negotiations begin.  The LTFPC wonders if the Township Committee would consider taking a 10% pay cut.  They also suggested a review of town jobs and recommended pay ranges. They are in the process of discussing the impact of early retirements and continued healthcare.

 

Committeeman Braden reported on the Environmental Commission meeting.  They discussed the grass carp project.  They were approached by Lake Valhalla.  There are limitations to nine acres.  Lake Valhalla is 90 acres, so it cannot be done there.

 

Braden stated he would like to propose a land use committee to review land use issues:  Planning Board and Board of Adjustment members, former Planning Board member, i.e. Art Daughtry, and the Planner.  They would review policies, ordinances, and review streamlining the land use process.  He would like everyone to take a look at it and come back next meeting with their thoughts on putting this committee together. 

 

Chairman Sandham reported we still continue to have concerns about the sledding at Camp Dawson – why can’t our children go sledding there.  We kind of came to an outright ban, but could we be doing something different?  Could we put a fence halfway up the hill?

 

Bastone stated we initially did that.  The accident was in 2007.  We had a safety consultant out.  The recommendation was they should only be allowed to sled on half the hill.  We took the measures.  When we put them up, they were removed and put together as jumps, etc.  It was brought back to the Township Committee and the decision was made to prohibit sleigh riding.

 

Sandham stated I am talking about something more permanent.  Also, while the parking lot is closed, people are parking across the street on Chapel.

 

Nielson stated the parking lot is different now.  Maybe the insurance company’s recommendation would be different.  Bastone stated the issue is there were accidents there.

 

Sandham stated if the signs are being ignored, we need to do something different.  The question is what can we do different now.  Gallopo stated we can do many different improvements to make it safe, and there still can be injuries.  Sandham stated you if could put a fence across the top of the hill and create a sledding area – in effect.  I am getting complaints, and I bringing them to the Township Committee.

 

Sandham spoke about the LTFPC’s agenda.  I have some issues with it.  Historically, the Township Committee gave items to the committee to look at.  A couple of the items are troubling – union contracts.  Those negotiations are very delicate situations.  If being used for research, I would welcome that, but would not want the LTFPC involved in negotiations with our unions.  Request the list be discussed by the Township Committee to see if we want the LTFPC to take a look at that stuff.  Table of organization – if we are going to look at other Township’s for comparison, I think that is very useful.  If we are going to try to create salary ranges for the employees, these are the purview of the Township Committee.  Braden agreed there are certain things that are off-limits to them, and we should have this as a discussion item.

 

Bastone stated back in November, I indicated that I would have a problem spending my time or staff time unless it came from the direction of the Township Committee.  My suggestion was that if LTFPC wished to look into some of the issues that they bring them back to the Township Committee for permission to do that.

Township Committee consensus – ok on the water and sewer rate report – first priority.  Rest of the agenda items – discuss at next meeting.

 

RESOLUTION NO. CES-112511B 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.      Personnel

2.      Contract negotiations – health benefits

3.      Litigation:  24 Heritage Court; Tax Appeal – Azarian/Smith

 

Motion:  Nielson.  Second: Gallopo.  All in favor.  Resolution adopted.

 

At 10:16 p.m. – Closed Session.  At 10:40 p.m. – Public Session.

 

Meeting adjourned at 10:40 p.m.  Motion:  Nielson.  Second:  Gallopo.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 14 April 2011 )
 
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