MTC Minutes 03-08-11 Print E-mail


Montville Township Committee Regular Meeting

Tuesday, March 8, 2011, 6:00 p.m.

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


6:00 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

Anthony Barile, Township Engineer

Robert Lowenfish, Treasurer/Director of Finance

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk



1.      Contract negotiations:  PSE&G; 86 River Road

2.      Property Acquisition:  Changebridge Road extension; Appraisal services


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


At 6:00 p.m. – Closed Session.  At 7:05 p.m. – Public Session.


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


PRESENTATION OF FLAG AND PLEDGE OF ALLEGIANCE:  Led by Montville Girl Scouts.  The Girl Scouts also recited their pledge, and their leader announced that it is Girl Scout Week.


Prayer led by Committeewoman Nielson.


PUBLIC HEARING MONTVILLE TOWNSHIP FIRE DISTRICT #2/TOWACO 2011 BUDGET:  Martin Murphy, Township Attorney, disqualified himself.  He stated his partner represents the fire district.  Frederic Knapp, Attorney, present to represent the Township.


Richard Conklin, Indian Hill Road, Towaco, Vice-President of Fire District #2 Commissioners, stated the rest of the board is here tonight.  Ken Breeman, President, and Commissioners Bill MacStudy, Leigh Witty, and Michael Ward.


The Towaco Volunteer Fire Department is a separate entity to serve the community.  They were incorporated in 1920.  They have their own officers and budget.  The Board of Fire Commissioners is set up as a district to help the Township Committee and support the volunteer fire department financially.  The volunteer firemen have to go to fire school.  Service to the community – the fire department is always doing things for the community.  Please put this in perspective.  The volunteers have donated tens of millions of dollars to the public over the last hundred years.


First time in eighty years the budget was defeated.  The people in our district spoke on February 19.  Our budget was $745,000; $5,000 less than it was last year.  A lot of our costs were in administration.  Our board has just received a letter from our administrator that he is resigning as of April 1.  We have not had a reorganization meeting yet.  What we are telling the Township Committee is one gentleman has already submitted his resignation.  We are in discussions with another position, which may be done by April 1 or May 1.  The secretary – that position may change persons and we are going to reduce the hours of that position.  Unfortunately, you won’t see the results of all of this until next year. 


From the firematic end of the budget, we need money; we don’t need to give money back.  We have a training budget of $3,000.  If three people joined the fire department, that budget would be gone.  We will work with you.  We would like to come up with something.  Cut; say 3%, $15,000 - plus the two positions are going away.  When these positions are gone, we still need janitorial services.  There are going to be other costs.  We need an inspector there – a fire official.  We are going to have to fund those positions.  I believe it is well under control.


Chairman Sandham stated we absolutely admire and respect the volunteer efforts of the firemen and the commissioners as well.  When the budget was defeated, the voters told us they want the budget looked at.  We do not look to be adversarial.  We need to have the Towaco Fire Department able to serve the needs of the community.  Like the Board of Education budget process, we need to look at if the budget is thorough and efficient to serve the needs of the community.


Committeewoman Nielson stated the fire district elections are not well known.  We would like the elections to be more forthcoming to the public in general.  That is the feedback we are getting.  It would be helpful if they are better publicized.  I think the residents would have an even better appreciation.


Conklin stated lessons learned.  We have no problem with that.  Our meetings are the third Wednesday of the month.  We did talk about updating our website.  We have a board out front.  That board is the fire department’s, but we can work something out.  It was a lesson learned.  We have nothing to hide.


Committeeman Gallopo stated I think we can help facilitate that transparency through our website.  The feel from the people was they didn’t know, and they didn’t know how to get answers.  This has nothing to do with the volunteers.


Committeeman Braden stated Mayor Sandham alluded to the way we dealt with the Board of Education budget.  The intent was to cut that budget and not take one dime out of the classroom.  The goal we have here is to not take one dime away from fire protection for the residents. 


Committeeman Kostka stated there are two pieces:  1.  The volunteers and equipment.  2.  The administrative piece, with benefits, etc.  When you look at the other districts – they are significantly less. 


Conklin stated going forward – we do have a signed letter from the administrator that he is retiring.  The other two employees – they have said verbally, but nothing in writing.  I think our board is committed to reducing the hours one way or another.


Frank Bastone, Township Administrator, asked you are in discussions with the other full-time person?  Conklin answered yes.


Sandham stated he took the three fire district budgets and highlighted some differences:  1. Personnel costs – Towaco is roughly double Montville and 2½ times Pine Brook.  It is the intention of the Towaco Fire Department to replace that person?  If not, who is going to perform those functions?


Conklin stated in the past each commissioner would take a charge – trucks, buildings, etc.  Then they chose to hire an administrator.  We do not plan on filling that position.  The functions will be absorbed by the chief, the fire commissioners, and perhaps the district clerk will take on more responsibilities.


Sandham asked is there vacation and sick time?  Conklin answered yes, and we have to research that a little more.  Same as Township employees.  They accrue unused sick and vacation time.  We will do an audit before any checks are cut.  We need that money in the line item this year.  There are some monies that previous boards put in for deferred compensation, but it may not be enough.


Kostka asked is there any cap on the unused sick days?  Conklin stated he can’t answer that.  He will research it.  Whatever the law says he gets, that is what he gets.


Sandham asked if there would be savings associated with the second employee.  Conklin stated there is not as much accumulated time with that employee.


Bill MacStudy, 14 Eagle Drive, Towaco, Fire Commissioner, stated that position is only there six years.  Sandham asked so we would be saving there also?  MacStudy answered yes.


Conklin stated when the administrator retires; the medical benefits are still going to be a line item.  I believe it is for life.


MacStudy stated we need a fire official.  We need a fire inspector part-time.  They need to be filled. 


Gallopo asked about the maintenance technicians.  In some of the other districts, that is outsourced.  Once you eliminate that position, you need to increase outsourcing. 


Conklin stated positions one and two are going away.  But we still have to have the fire official and fire inspector, but no benefits and only part-time hours.  He did take care of snowplowing, etc.  The fringe benefits alone will take care of getting custodial services and snowplowing.  You would probably save about $15,000 on that position this year. 


Braden stated we are talking about accumulated sick time.  Who has this number?  Braden stated I would like to know what the number is.  Conklin stated we will get you that information.  We will not pay anything out until our legal counsel looks at it. 


Sandham asked what the $12,000 check to the fire department was.  Conklin stated it is clothing allowance for each volunteer.  It goes by a percentage of how many fires they went to, etc.


Sandham asked about two $5,000 checks.  Conklin stated the fire department received a grant from Bayer.  The check came to us.  We passed it on to the fire department.


Gallopo asked about the other miscellaneous line items.  Fringe benefits other $14,000.  Operations maintenance other $20,000.


Sandham asked about the professional services $25,000 total - $10,000 administrative and almost $15,000 operations and maintenance.


Conklin stated it was attorneys, bond counsel, auditors, and landscapers.  Landscaping is publicly bid.  We will look at that.


Sandham asked about physical fitness.  Conklin stated it is a divvy up for the firemen to encourage physical fitness.  That number is based on how many calls each member makes.  It is for the gym, etc.


MacStudy stated that was in lieu of the LOSAP program – because there are certain criteria for LOSAP. 


Sandham stated there is a fire suppression line in Montville and Pine Brook.  Towaco doesn’t have.  Conklin stated I believe fire suppression is foam, water, etc. 


Sandham asked should Towaco be budgeting money to be sure they are adequately prepared to fight fires – fire suppression expense line?  Conklin stated the chief should be involved in our budgets, and in the future they will be more.  At this point, I will say we are adequately covered. 


Braden stated we are delving way too deep into the firematics.  I am satisfied with addressing the administration and personnel costs.  Conklin stated we also have good relationships with mutual aid. 


Nielson asked about the $37,500 capital leases.  Conklin stated it is one of our last trucks with a lease. 


Sandham stated shared service is a big issue now.  Will you look at trying to do some things with the other districts i.e. insurance, equipment?  Conklin stated we have had joint meetings with the other districts.  That is something we will pursue. 


Sandham stated the other two fire departments have a capital fund.  Towaco has debt service.  How do we flip that?  Conklin stated the new board is in agreement with that.  However, if you cut our budget, we will not have money to put into a capital improvement fund.  With the administrator gone, we would like to take some of that savings, put it back to the taxpayers, and put it into a capital improvement fund.  Sandham stated he is glad to hear that.




Bill Thomson, 14 Brook Valley Road, Towaco, stated there is a fellow leaving the department that has saved up enough absentee time to get $100,000, etc. and he doesn’t seem to need to be replaced.  Is that correct?  That is bothersome.


Braden stated I think the fire commissioners are of the position that they are important roles and they will be taken over by volunteers, part-time, etc. 


Conklin stated the gentlemen paid into pension for 25 years.  He is entitled to that.


Josephine Thomson, 14 Brook Valley Road, Towaco, stated they can raise the budget all they want.  I don’t have it.  This gentleman who is leaving with all this money changed the laws, but we don’t have it.  It should be a requirement that documents can be reviewed one or two weeks in advance so it can be reviewed – and then the meeting isn’t wasted.


Scott Russell, 8 Sunset Court, Montville, speaking on behalf of the Tea Party.  We were asked to get involved because of the lack of transparency.  Why can’t we develop a committee to see if they can all be one fire district?  What is a better way to do it?  Can we save on admin, etc?  We would be willing to submit one or two people to help study that. 


Dan Pagano, 11 Roome Road, Towaco, stated this is not about the volunteers.  We appreciate their service.  The fire inspector and fire official were overpaid for their service.  Snowplowing – I believe there is a fire truck with a snowplow.  If you can’t find a fireman to operate it, I will do the snowplowing free of charge.


The budget failed.  I would be curious to know how many people voted in 2010.  More people knew about it in 2011 – that is why it failed.  I think there is a better way of informing the public about the budget.


King Penna, 139 River Road, Clifton, with the constitution of accountability.  Why are there three fire budgets?  Why couldn’t they be under one administration?  This is not about the volunteer firemen.  It is about accountability.  We did an OPRA request about two weeks ago requesting the last ten years of the budget, and we have not seen that yet.  I am not quite sure who is in charge of that.  We would like to give them the opportunity of producing that before there is a lawsuit.


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


Sandham stated it is clear the citizens want the fire districts to spend their money wisely.  I believe the commissioners of Towaco got the message.  The reason this gentleman can’t answer all the questions is he doesn’t have the consensus of his members yet.  They have not yet reorganized.  Fire district review plan – personally I think it is a good idea.  We would have to get input from all of the districts.  Getting information out to the public and accountability – I agree there should be more information out there.  Accountability – right or wrong, Montville and Pine Brook voters are satisfied with their budgets.


OPRA – there are timeframes.  I don’t know who you gave the request to, but we will try to pursue that.


Braden asked if our labor counsel has any comments. 


Fred Knapp, Attorney, stated the law passed last year is a $15,000 cap for new employees.  If there is a handbook, it would be in there.  Shared services – that is something that can possibly be explored.


Kostka asked does the town have a cap?  Bastone answered yes.  Blue and white collar $15,000 or $20,000 depending on when hired.  PBS/SOA is based on accumulated sick time – 75% of 1,600 hours.


Sandham requested from the commissioners the true net impact of the position vacancies for 2011 and 2012.


Conklin stated we are very lean in the capital expenses.  We don’t have a lot of money to go around.  The board that is here now – the whole board has changed in the last two elections.  We instituted this change.  If the town would accept 1% or some small item that we can give you back, we would appreciate that.  We understand and will get the answers for you.


Sandham stated speaking as one; I would be more willing to work with scenarios if I knew what was going to happen next year. 


Joint meeting with the District #2 fire commissioners set for Wednesday, March 16, 2011, at 8:30 p.m. at the municipal building.  Commissioners to provide answers to questions by March 14.  The meeting will not be another public hearing.  It will be a joint meeting with the fire commissioners. 


Nielson asked about the special services truck lease.  Do you own it now, or do you have to start again and either buy a truck or lease a truck.  That would be a significant portion of your budget.


Township Committee agreed they don’t need legal counsel at the meeting.  If there are other legal questions they want answered, they will get them to Mr. Bastone and he will get them to Mr. Knapp.






Chairman Sandham opened the public hearing.  Bastone stated this is a cap ordinance for the whole appropriations cap.  This ordinance must be adopted prior to the adoption of the 2011 budget.  It is an appropriations cap bank. 


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




Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Nielson.  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.




ENGINEER:  Anthony Barile, Township Engineer, stated Eric Galley, who would like to do the greenhouse Eagle Scout project, is present.  I met with Eric and his father.  I have to agree that the best place for the greenhouse is here.  Anyone with a disability using it would be dropped off in front of it and then they can park in the lot.


Eric Galley stated if you have any questions, I would be happy to answer them.  Braden asked the wind rating of the structure.  Do you have any idea what the structure would withstand?  Galley stated I will look into anchoring it down better.


Township Committee approved project.


ADMINISTRATOR:  Bastone stated the Township Committee has a draft letter and pamphlet that Appraisal Systems put together in anticipation of our revaluation.  Township Committee – ok.


Bastone reported he had a meeting with the animal shelter architect, Mr. Garrett.  There is a follow up letter in progress.  We are close to closing on 7 Church Lane.  I am asking for the re-establishment of the animal shelter subcommittee.  A replacement is needed for Mr. Daughtry.  It will be Braden and Nielson.  Mr. Bastone will set up a subcommittee meeting with Mr. Garrett.

ATTORNEY:  No report.


FINANCE:  Robert Lowenfish, Director of Finance, reported on proposals from payroll services providers.  $24,000, $15,000 and I believe the third will come in at $15,000.  The conversion would be July 1.


ENGINEER:  Barile reported on the NJDOT Route 46 project.  They will mill and repave the westbound lane and make safety improvements. 


Changebridge Road sidewalk project:  met with the County Engineering offices last week.  There are right-of-way issues they are investigating.  Wetlands are involved.  An LOI will be required.  We have begun both of the applications pertaining to the wetlands.  That is the top priority of my office.  Distributed a list of pending capital projects.


Nielson thanked Mr. Barile.  It would be helpful to know due dates, number of hours, etc.  Barile said ok.




Committeeman Braden stated the Mayor had asked him to sit in on a meeting with a resident and himself.  It may be a subject of litigation.  Legal issues – this committee should take a step back and let the professionals deal with potential litigants and litigants.  I am looking for a consensus from the Township Committee on how we are going to deal with people who are threatening to sue us.  We should not be negotiating with people who have threatened to sue us on our own. 


Murphy stated I believe I had reported that a suit was filed.  I take the position it is not a good idea for you to be meeting with them once litigation has started unless the attorney agrees, etc.


Sandham stated he agrees when litigation has started.  But issues may be averted by dealing with some of those issues before litigation is started.


Braden stated I believe Mr. Bastone has the ability to bring the issues to the Township Committee as a whole.


Gallopo stated he agrees when there is litigation.  Kostka stated he did not know he started litigation until tonight.


Township Committee consensus:  when a lawsuit or litigation is part of the conversation, they are to be directed to Mr. Bastone.


Committeewoman Nielson stated Mr. Lowenfish’s goal was to look at various functions and efficiencies.  At some point I would like to get a summary report of what you have found. 


Bastone stated Mr. Lowenfish and I have had one meeting, and we should have another one.  Lowenfish stated there are a lot of balls in the air and a lot of possibilities.  Report by April.


Nielson spoke regarding transparency.  Someone is requesting to have an item on the agenda.  Our draft agendas are not posted until Monday.  Should we give notice now?  Murphy sees no problem.  Nielson stated on April 12 there will be a discussion about the Quik Check property. 


Sandham stated this is a zoning board matter, but we have agreed to a presentation on April 12.  Braden stated the property is question is adjacent to the public safety building where the farm stand is. 




NO. 1 – 2011 MUNICIPAL BUDGET:  Bastone provided a spreadsheet of budget changes and backup documentation.  This is in response to the budget questions. 


Kostka stated the total changes were $14,400.  I went back to the questions posed and put dollar values to them.  The questions in general totaled $1.6 million.  I looked at questions and said do you do things the same or look at opportunities to change.  Question 5, page 3, the potential there is $239,000.  Base salary, benefits, pension.  Do we need a management specialist, a computer service tech, a computer program teacher? 


Bastone stated the appropriation for the part-time program teacher has been reduced to $3,000 as a result of the decision to outsource police computer services.  Bastone went over the management specialist duties.  Critical position to the Township, not easily outsourced, cannot operate easily without it.


Kostka asked if we didn’t have it could we still function?  Bastone stated not as well.  These are functions that have to be done.  If that position isn’t there, someone else would have to do it.


Nielson asked are we going to have this discussion in this forum or a different forum?  Are we going to study the whole situation?  Are there any specific departments that we want to start with?  I want to make sure we do it in a systematic fashion.


Gallopo stated as part of 2011 goals, he would like to have each department reviewed for next year’s budget discussions.  Braden agreed.  This is something we should work on as the year progresses.


Bastone stated we have been working on functions for outsourcing.  Sandham stated we will not have time to do a study of the departments in time for this budget.  I think we should offer incentives for retirement again. 


Kostka stated last year some of the reductions fell in our lap.  We may be getting extra revenue this year, and we may have taken our focus off of reductions.  It is not about the individuals.  Agrees with offering the retirement incentive.  There are other things that can be looked at.  Mt. Olive recently outsourced water and sewer.  This is something we can look at.


Township Committee agreed – Long-Term Financial Planning Committee can look at.


Sandham stated he had some items/questions – specific proposed cuts.  Township Committee to get their specific items to Adam Brewer by Friday noon.  Mr. Brewer will then compile them and send to the Township Committee.


Bastone spoke about old capital ordinance cancellations – referred to spreadsheet.  Last year they decided to spread it over three years.  The total was $458,537 per year over three years as a revenue.  We need to determine what we want to do in order to meet the $458,000 in the budget for the revenue for 2011.  Township Committee agreed – cancel Montville Museum and Veteran’s Plaza $140,000.  Cancel 41% of everything in the last column.


Capital – page 164 of the budget.  2011 capital requests that mirror what is in the capital plan.  $1.6 million capital 2011 without any cuts. 


Proposed changes:  Braden stated lower the paperless meeting number of $12,000.  Cut in half.  Township Committee agreed.


Nielson stated infield groomer $15,000.  Can we share this with other towns or rent a machine? 


Thomas Mazzaccaro, Public Works Director, stated the grooming of the fields takes place twice a month.  Don’t know who we could share it with.  Timing is always a factor.  Nielson stated she would like to see an inventory of the machines for the turf fields. 


Braden stated dump truck $140,000.  Why do we need a four-wheel drive when we got along with a two-wheel drive?  Mazzaccaro stated we talked it over with the staff.  A four-wheel drive is better for our terrain.


Nielson stated $24,000 roof replacement at Camp Dawson.  We have groups that utilize our buildings.  Is there any group, like the Broncos, that might want to partner?  Mazzaccaro stated at this point no one is using the upstairs.  No group has come forward.


Sandham stated I think it is premature for a group.  I think we can put it in the budget and if a group steps forward, we can spend less.  Mazzaccaro stated there is an immediate need to replace that roof.


Braden stated Metro Park permits $65,000.  If you are going to put the construction off, we can put that off.  Sandham stated is all the money required up front?


Barile stated most of it will be used for the consultants to prepare the permits.  Sandham asked can we adjust the timing so half is spent this year and half is spent next year?  Barile suggested cutting it in half.  They don’t have the LOI yet.


Township Committee agreed they need to revisit the plans for the Metro property.  Cut to $30,000. 

Gallopo stated turf field replacement Camp Dawson $250,000.  Mazzaccaro stated Sportscare did the evaluation last year on the field.  There is a good 6 to 7 years on the field as of last year.  Township Committee agreed – make the appropriation $150,000.


Nielson stated John Street Park – how much is that getting used because of the mosquitoes, etc.  I hear that it is grossly underutilized.  We had talked about the other property potentially.  Leave appropriation for now.


Water & Sewer:  Route 80 – ok.  Steel body – ok.  Pine Brook Road water main extension.  Mazzaccaro stated it is an extension of the grid, but people don’t have to connect.  Upper Mountain Avenue is more important then Pine Brook Road.  Township Committee – defer Pine Brook Road.


David Drive/Joan Drive/Gregory Drive.  Mazzaccaro stated it is a two-year program.  Did half last year.  Township Committee – ok.


NO. 2 – 2010 MUNICIPAL BUDGET:  Bastone stated he would like to put money into the two trusts we established – snow removal and accumulated absences.  $100,000 that we didn’t spend last year.  Would like to put the money away.  Township Committee agreed.


NO. 3 – 2011 AND FUTURE GOALS:  Bastone stated you have a list of the goals submitted – 23.  Need to prioritize.  Township Committee to prioritize 1/3 A’s, 1/3 B’s, and 1/3 C’s.  Bring to next meeting.


NO. 4 – SEWER UTILITY – COMMUNITOR:  Bastone stated we have to replace this grinder.  We need to add it to sewer capital.  DPW does the install.  Township Committee agreed.




Truscha Quatrone, 4 Majorca Road, Towaco, requested that the Township Committee put the budget on the website.  Bastone stated 2008, 2009, and 2010 are on the website. 


Quatrone requested putting items on the website regarding what is being discussed at meetings.  Or announce what you are talking about.  Gallopo stated they are working on this with the Technology Committee.


Maxim Sapozhnikov, 66 Davenport Road, Montville, stated Montville’s largest employer is moving out.  Is the Township prepared for this?  Sandham stated we are meeting with them before the end of the month.  We are not sure if there is anything we can do to change their mind.  They are potentially moving out in February 2012.  We would have to figure out the impact of that.  The Economic Development Committee will look at marketing the property to get a new tenant in.


Sapozhnikov stated every year I see the Township Committee removing waste from the budget, but it is still over the inflation level.  How can that possibly be?  Sandham stated last year the budget was at 1.7%.  That was less than the inflation rate.  This year right now they are at 2%.  Hopefully that will go down.  There are some costs they cannot control – pension, health care, etc.


Sapozhnikov stated he hopes salaries and the school budget are on the table.  Sandham explained they have no control over the school budget unless it is defeated.


Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked the paperless meetings appropriation is now at $6,000?  Gallopo answered yes.


Lefkowitz stated kudos on the new recycling that started last week. 


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






Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 22, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Kostka.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.




Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 22, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Kostka.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.


CONSENT AGENDA RESOLUTION NO. 2011-CA5:  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.




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 15 Lot 15

43 Mac Leay Road

Lien Redemption Certificate #10-00002                                             $612.53

To:       US Bank Cust/Pro Capital I, LLC


Block 110 Lot 7

808 Route 202                                                           

Lien Redemption Certificate #10-00017                                             $607.15

To:       US Bank Cust/Pro Capital I, LLC


CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT:  Tax Appeal 2010 & 2011.  Block 111, Lot 15.7, $7,673.77.




WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax overpayments or delinquent amounts in the amounts of less than $10.00; and


 WHEREAS, the governing body may authorize the Tax Collector to process, without further action on their part, any cancellation of property tax overpayments or delinquencies of less than $10.00.


NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Montville, County of Morris, State of New Jersey, hereby authorize the Tax Collector to cancel said tax amounts as deemed necessary.


            BE IT FURTHER RESOLVED, that a certified copy of the Resolution be forwarded to the Tax Collector, the Chief Financial Officer and the Municipal Auditor.










WHEREAS, N. J. S. 40A-4-49 provides that all unexpected balances carried forward after the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year; and


            WHEREAS,  permission has been received from the Director of the Division of Local Government Services for approval as a Dedication of Rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and


WHEREAS, NJAC 5:30-15 permits municipalities to receive amounts for costs incurred for accumulated absences; and


            WHEREAS,  P. L. 2001 c. 138 permits municipalities to lapse unexpended balances budgeted annually for snow removal; 


            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville that the transfer in the amount of $100,000 be made between the 2010 Budget Appropriation Reserves as follows:

                                                            FROM                                     TO


Group Ins OE                                      $25,000

Roads S & W                                      $35,000

Facilities S & W                                  $25,000

Electric OE                                         $15,000


Roads, Snow & Ice                                                                             $75,000

Accumulated Absences                                                                      $25,000


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


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




WHEREAS, the Township of Montville sponsors certain events throughout the year and endorses other privately held events for which it lends specified assistance; and


WHEREAS, the Township Committee has adopted a policy whereby it will recognize Township and Township endorsed events by Resolution to be considered on an annual basis.


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 there shall be two categories of events run or endorsed by the Township:


Township Events – Events that are run by the Township (Including Board of Education Events.

            Township Endorsed Events – Privately held events that the Township will lend specified assistance to.


            BE IT FURTHER RESOLVED that the Township events and Township endorsed events for the year 2011 shall be as follows:


                        Township Events                                         Township Endorsed Events

Senior Picnic

Michelle Sullivan Fund Softball Tournament

Fishing Derby

Town-wide Garage Sale

Montville Day

TCA Picnic

4th of July

Jazz Festival

Clean Communities Programs

Lacrosse Alumni Picnic

Holiday Celebrations

VFW  Social Events

Egg Hunt

Pet Parents Book Sale

Pathways/Archway Events

Pet Parents Garage Sale


Rotary Club Pancake Breakfast


Truck Day – Pine Brook Jewish Center

Historical Society Events

Soccer Day

Drug Awareness Events

MBSA Parade

Fire Department Events

TCA Ice Skating/Winter Wonderland

September 11 Remembrance

Kiwanis Events

VFW Memorial Events

Chamber of Commerce Events (Sr. Seminar)


Band Competition


Relay for Life Event


            BE IT FURTHER RESOLVED that Township endorsed events must meet the following criteria:


1.         The event must be sponsored by a private non-profit organization located within the Township.


            2.         The event must be open to all Township residents.


3.                  Each organization shall be limited to one or two events per year.


4.                  Organizations utilizing Township-owned facilities must be in compliance with Montville Township Code Chapter 271, Sections 1-5 and Ordinance No. 2010-18 - Financial Disclosure Policy.


5.         Each organization is required to inform the Township’s Management Specialist in writing the date of an event at least thirty days prior to the event.  The written notice must also include their request of the DPW and/or the Police.  Sign requests must be submitted in writing to the Zoning Officer at least thirty days prior to the event.


6.         The following assistance from the Township will be available for each endorsed event:


                        a.         DPW assistance for a total of 8 man-hours during normal workweek.

b.         DPW assistance for a total of 8 man-hours during the weekend (from May through October)

c.         Police Department assistance for a total of 8 hours the date of the event.

d.         Signs approved for publicizing events – must adhere to Township Sign policy.

e.         Forms regarding the event (Publicity and/or Applications) may be made available in the Town Hall Lobby.

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

NO. 3 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MEETING MINUTES:  December 14, 2010.  Motion:  Nielson.  Second:  Braden.  Roll call vote – all yes.  Resolution adopted.


NO. 4 – 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:  Gallopo.  Second:  Kostka.  Roll call vote – Braden, yes on all checks except for checks to Montville Plumbing & Heating – abstain (family member); Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.




Meeting adjourned at 10:55 p.m.  Motion:  Kostka.  Second:  Nielson.  All in favor.  Motion approved.


Respectfully submitted,




Gertrude H. Atkinson, Township Clerk




Approved May 24, 2011

Montville Township Committee




James Sandham, Jr., Mayor


Last Updated ( Wednesday, 25 May 2011 )
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