MTC Minutes 06-14-11 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, June 14, 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.

 

Roll call Township Committee:

 

Present:          Committeeman Tim Braden

                        Committeeman Scott Gallopo

                        Committeewoman Deb Nielson

                        Chairman James Sandham, Jr.

 

Absent:            Committeeman Don Kostka (excused absence)

 

Also present:   Adam Brewer, Management Specialist, and Acting Township Administrator

Anthony Barile, Township Engineer

Robert Lowenfish, Treasurer/Director of Finance

Robert Oostdyk, Township Attorney

                        Liz Johansen, Account Clerk

 

RESOLUTION NO. CES-061411 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:  86 River Road

 

Motion:  Nielson.  Second:  Gallopo.  All in favor except Kostka - absent.  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 Committeewoman Nielson.

 

PRESENTATION TO ANIMAL SHELTER FROM CUB SCOUT PACK 66:  As part of their community service project, Cub Scout Pack 66, William Mason School, raised over $1,000 for the Animal Shelter.  A check was presented from the Cub Scouts to Sue Goldblatt of Montville Pet Parents.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2011-13 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NJ, APPROPRIATING THE AGGREGATE AMOUNT OF $1,402,600 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,152,820 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Nielson.  Second:  Gallopo.  All in favor except Kostka - absent.  Motion approved.

 

Motion to adopt ordinance:  Nielson.  Second:  Gallopo.  Discussion:  Committeewoman Nielson asked if the Dial-A-Ride request is for another new vehicle that is in addition to the NJ Transit 5310 grant bus and new van outside.  Adam Brewer, Acting Township Administrator, responded that it is and it would be replacing the green station wagon, which is long in the tooth.

 

Roll call vote – Braden, yes; Kostka, absent; Gallopo, yes; Nielson, yes; Sandham, yes.  Ordinance adopted.

 

NO. 2 – ORDINANCE NO. 2011-14 BOND ORDINANCE PROVIDING FOR VARIOUS WATER IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NJ APPROPRIATING $140,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $40,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Nielson.  Second:  Gallopo.  All in favor except Kostka - absent.  Motion approved.

 

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

 

NO. 3 – ORDINANCE NO. 2011-15 BOND ORDINANCE PROVIDING FOR VARIOUS SEWER IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NJ, APPROPRIATING $252,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $177,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

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

 

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

 

REPORTS:

 

ADMINISTRATOR:  Adam Brewer, Acting Township Administrator, reported on succession planning – the process that has been going on as one of the goals for 2011.  The Township Committee has the memo from Frank Bastone, Township Administrator, dated May 27.  In summary, due to civil service restrictions, some sub department head level positions cannot be hired with the expectation that the individual will ascend to the department head position.  Different licenses may be required.  He used the example of the registered environmental health specialist position.  License requirements can be encouraged, but it cannot be mandated.  Township Committee would like Mr. Bastone to indicate there are civil service issues in situations where procedures would preclude simple ascension in a succession plan of a lower level position to the department head position.

 

JCP&L – Brewer reported that a representative of Davey Tree advised that his company was going to beginning transmission line maintenance in the Lake Valhalla area on the behalf of JCP&L.  Most of the work was along roadways but some was in unimproved areas.  A map was issued if anyone is interested in seeing it.  Davey Tree is going to be notifying all affected residents.

 

ATTORNEY:  No report.

 

FINANCE:  Robert Lowenfish, Director of Finance, reported after a year and a half, the NJDOT has finally paid us the $30,000 plus they owe us for outside detail.  I would like to offer kudos to Fran Byrnes who worked very hard on getting this.

 

ENGINEER:  Anthony Barile, Township Engineer, reported the Morris County Engineer will be getting them the sign information for the Jacksonville Road/Bellows Lane intersection.  I also requested they study the intersection and make any recommendations that are warranted.

 

Utility poles by TD Bank – poles belong to Verizon.  The equipment on the poles belong to  JCP&L.  He is waiting for Verizon to respond.

 

Metro property – LOI received.  They have instituted 50’ buffers.  My office is looking at this as to the waivers available.  We will have a conceptual plan for next meeting.

 

COMMITTEE REPORTS:

 

Committeewoman Nielson thanked her family, her campaign team, and the residents who voted for her.  She congratulated Jim Sandham.

 

DISCUSSION ITEMS:

 

NO. 1 – HEALTH BENEFITS – ELECTED OFFICIALS:  Brewer reported that as a result of Ordinance No. 2010-12, Township Committee health benefits were eliminated as of June 1, 2011.  There were some questions regarding the COBRA procedure.

 

Robert Oostdyk, Township Attorney, gave an explanation of COBRA, the reason for his firm’s opinion/advice, and explained the Township’s past practice of covering the first month of COBRA payments.  Discussion ensued about the practice with questions about voluntary payment vs. involuntary that were answered by Mr. Oostdyk and Mr. Brewer.  Gallopo asked why counsel was unaware of the practice and how this issue wasn’t known about in advance and anticipated.  Committeewoman Nielson noted that she voluntarily paid for June.  Township Committee asked Mr. Brewer to convey to Mr. Bastone the request of establishing a practice/policy for the future regarding the first month’s insurance costs and who pays them.

 

NO. 2 – LEE COURT – SALE OF PROPERTY:  Receipt of one bid for $5,000.  Township Committee agreed to accept the bid of $5,000.  Prepare resolution for June 28 meeting.

 

Mort Grossman, 5 Lee Court, Montville, spoke regarding the easement the Township has for access to the Lee Court property.  Township Committee requested Mr. Bastone look into what the Township would be doing regarding that easement.

 

NO. 3 – OPEN SPACE DEBT ANALYSIS:  Brewer reported as indicated in Mr. Bastone’s report there are approximately 21 projects in the six-year capital program that could be funded by the open space trust.  The report also includes Mr. Lowenfish’s three-year history of expenditures for professional fees.

 

Braden stated we would have to change our ordinance to include those expenditures.  Brewer stated, confirmed by Oostdyk, that our current open space ordinance limits expenditures to costs associated with acquisition.

 

Township Committee discussed the Green Acres PIG funding – how much we were awarded, will we get more in the future funding round, and when we will get the money.  Nielson asked for timeframes.  Brewer stated that Green Acres is creating a report of what the Township needs to submit.  He explained some of the aspects of the planning incentive grant program.

 

Township Committee requested that an ordinance draft be prepared for the June 28 meeting that would allow open space trust funds to be used for infrastructure and other development-oriented activities.

 

PUBLIC PORTION:

 

Sue Goldblatt, Montville Pet Parents, would like an update as to the status of the plans and the questions they had on May 3.  She would like to be included as a citizen member of the subcommittee allowing Montville Pet Parents to be in the loop.  She stated that Montville Pet Parents will be giving the Township money for the animal shelter - $80,000.  $25,000 would be for the dog kennel.  She also stated there are a number of things necessary and they would use funds for those items.  They need to know their concerns are being addressed.  Braden and Nielson have not seen cost figures from the architect yet.  Mr. Bastone is working on that.  Township Committee agreed that Ms. Goldblatt should be invited to the next subcommittee meeting.  Mr. Bastone to inform her of next meeting.

 

Mike Carson, 68 Stony Book Road, Montville, asked what is Green Acres and how is it used?  Sandham stated DEP and Green Acres funds are used to fund open space.  We also use County grants and our open space fund.  Green Acres is a State program.  They are cutting back the volume of grants they give out on the DEP level.  The question is do we use the funds to buy more property or use it for improvements on current open space properties. 

 

Brewer stated Green Acres is a division of the DEP.  They have a number of different funding programs.  The program Montville has mainly taken advantage of is the planning incentive program.

 

Dan Pagano, 11 Roome Road, Towaco, spoke about the health benefits ordinance.  It was early in 2010 that the ordinance was adopted.  Somebody should have seen this coming.  The attorney should have known.  If an ordinance was drafted, questions should have been asked.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, advised the Township Committee that he would be videotaping one of the next few meetings for the purpose of live streaming on the web.

 

Mort Grossman, 5 Lee Court, Montville, stated many small charity organizations have lost nonprofit status per the IRS.  Does the Township have any responsibility to these various organizations?  Sandham replied the Township Committee doesn’t have any oversight over organizations’ financial status other than requesting annual disclosure for funding purposes.

 

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

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2011-16 AMENDING ORDINANCE NO. 2010-27 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING THE ADDITIONAL AMOUNT OF $6,500 BE APPROPRIATED FROM THE OPEN SPACE DEDICATED TRUST FUND FOR THE PREPARATION OF AN OPEN SPACE AND RECREATION PLAN UPDATE WITH TRAILS PLAN:

 

Brewer stated this amendment is procedural so the Township can process the grant monies.  The amendment is not to expend additional tax dollars.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 28, 2011, at 8 p.m.  Motion:  Gallopo.  Second:  Nielson.  Roll call vote – Braden, yes; Kostka, absent; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2011-17 ESTABLISHING THE SALARY FOR THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 13, 2011, at 8 p.m.  Motion:  Gallopo.  Second:  Sandham.  Roll call vote – No, yes; Kostka, absent; Gallopo, yes; Nielson, no; Sandham, yes.  Motion not approved.

 

Oostdyk reiterated this ordinance was not introduced.  Sandham requested since Mr. Kostka is not here that it be added to the next meeting’s agenda.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA11:  Motion:  Braden.  Second:  Nielson.  Roll call vote – all yes except Kostka - absent.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, certain cash bonds have been posted with the Township of Montville to secure the performance of obligations; and

            WHEREAS, the Engineering Department has verified that the improvements, the installation of which were secured by the cash bonds, have been installed in a satisfactory manner and has recommended the release of cash bonds.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the following cash performance bonds shall be released:

 

LOCATION                              PURPOSE                  AMOUNT/DATE          RETURN TO

 

12 Holbrook Court                   Soil Stabilization          $ 1,100.    4-04            Minto S. Gill

B. 90, L. 41.01                         Driveway                     $ 2,100     4-04            12 Holbrook Court

                                                                                                                        Towaco

           

7 Schneider Lane                    Driveway                     $   350.    10-04           P. & R. Virgil

B. 60, L. 5                                                                                                        7 Schneider Lane

                                                                                                                        Montville

 

26 Sunrise Way                      Driveway                     $ 3,000.    12-04          Sean Quigley

B. 130, L. 35                                                                                                    Camber Ransom                                                                                Quigley

                                                                                                                        26 Sunrise Way

                                                                                                                        Towaco

 

34 Kanouse Lane                    Soil Stabilization          $ 1,050.   10-05           Montville Acres

B. 59.4, L. 28                                                                                                   820 Morris Turnpike

                                                                                                                        Short Hills, NJ  07078

           

41 Kanouse Lane                    Soil Stabilization          $ 2,220.   2-06             Montville Acres

B. 59.1, L. 8.6                          Driveway                     $ 3,040.   2-06             820 Morris Turnpike

                                                                                                                        Short Hills, NJ  07078

 

33 Kanouse Lane                    Soil Stabilization          $ 4,000.   2-07             Montville Acres

B. 59.01, L. 8.02                      Driveway                     $ 2,200.   2-07             820 Morris Turnpike

                                                                                                                        Short Hills, NJ  07078

 

19 Sunrise Way                      Soil Stabilization          $    200.   4-06             Thomas Roberts

B. 130, L. 29                                                                                                    19 Sunrise Way

                                                                                                                        Towaco

 

10 Pond View                          Soil Stabilization          $   500.   3-07              B. & M. Gabriel

B. 33, L. 40.21                                                                                                 440 Main Road

                                                                                                                        Towaco

 

10 Gunther’s View                   Soil Stabilization          $ 3,000.   10-07           Peter Nagle Builder

B. 109, L. 30.06                                                                                               916 Main Street

                                                                                                                        Boonton, NJ  07005

 

14 Gunther’s View                   Soil Stabilization          $ 1,000.   10-07           Peter Nagle Builder

B. 109, L. 30.08                                                                                               916 Main Street

                                                                                                                        Boonton, NJ  07005

 

9 Waughaw Road                   Soil Stabilization          $    500.   8-00             Joanne Mooney

B. 40, L. 57                              (pool c/o)                                                         Apple Montessori

School

                                                                                                                        c/o Montville Sisters

Corp.

                                                                                                                        Attn:  Grace Toth

170 Kinnelon Road; Suite 24

                                                                                                                        Kinnelon, NJ  07405

 

21 Van Duyne Court               Driveway                     $ 3,500.   4-11             P. & L. Trovato

B. 82.12, L. 36                         Soil Stabilization                                              21 Van Duyne Court

                                                Evergreen Buffer                                             Towaco

 

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE:

 

            WHEREAS, Certificate of Sale #09-00015 was issued to Montville Township for delinquent taxes on Block 52 Lot 36 (4 Skyline Dr), at a tax sale held on December 03, 2009; and

 

            WHEREAS, Corelogic/Residential Credit Solutions, Inc., on behalf  of the assessed owner, Thomas P. Clayton Jr. has redeemed certificate #09-00015 by paying the full amount of the delinquency.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale #09-00015 for cancellation.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING TAX REFUND:

 

WHEREAS, due to payments received creating an overpayment of tax for the year 2010 and 2011; and

 

WHEREAS, it is the recommendation of the Tax Collector that these monies are refunded;

 

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

 

Block 52 Lot 36

4 Skyline Dr                                         2010                            $2,354.50

Residential Credit Solutions               2011                            $2,302.88

Total Refund                                                                           $4,657.38

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE REFUND OF BUILDING PERMIT FEES TO AIR GROUP LLC:

 

            WHEREAS, building permit fees were paid for the issuance of building permits (HVAC) for property located at 83 Passaic Valley Road and 67 Gabriel Drive, Montville Township, New Jersey; and

            WHEREAS, the property owners subsequently cancelled the contracts with the contractor, Air Group LLC; and

            WHEREAS, Air Group LLC has requested a refund; and

            WHEREAS, the Construction Official has recommended a refund in the amount of $236.00 and $159.00 for a total of $395.00;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the building permit fees submitted by Air Group LLC for property located at 83 Passaic Valley Road and 67 Gabriel Drive, Montville Township, New Jersey, shall be refunded in the amount of $236.00 and $159.00 for a total of $395.00.

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Finance Department and the Construction Department.

 

CONSENT AGENDA ITEM E – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES TO THE TOWNSHIP OF MONTVILLE GENERAL FUND FROM THE MUNICIPAL COURT:

 

WHEREAS, the following check has not been cashed, and the recipient claims no monies due;

 

Check #1573, dated June 22, 2010, $6.00

 

WHEREAS, the Township of Montville has been notified by the bank, Lakeland, that the check was not cashed;

 

            NOW, THEREFORE, BE IT RESOLVED, that these monies be transferred to the Montville Township General Fund as of this date.

 

CONSENT AGENDA ITEM F – RESOLUTION APPROVING APPLICATION FOR 2012 NJ DCA RECREATIONAL OPPORTUNITIES GRANT:

 

WHEREAS, the Township of Montville desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, for $20,000.00 state share with $5,000.00 local share for a for a total contract of $25,000.00 in 2012 to hire personnel to continue providing recreation programs for the disabled population of Montville Township and surrounding communities.

 

BE IT THEREFORE RESOLVED,

1)that the Township of Montville does hereby authorize the application for such a grant; and

 

2)recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of such funds pursuant to the terms of said agreement between the Township of Montville and the New Jersey Department of Community Affairs. 

 

BE IT FURTHER RESOLVED that the persons whose names, titles and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith:  James Sandham, Jr., Mayor; and Gertrude H. Atkinson, Township Clerk.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – DAVID DRIVE, JOAN DRIVE, AND GREGORY DRIVE SEWER PROJECT:

 

WHEREAS, there is a need to apply for Treatment Works Approval from the State of New Jersey Department of Environmental Protection Division of Water Quality in connection with the David Drive, Joan Drive and Gregory Drive Sanitary Sewer Project in the Township of Montville; and

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

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute a Consent by the Governing Body for the Treatment Works Approval Permit Application filed in connection with the David Drive, Joan Drive and Gregory Drive Sanitary Sewer Project in the Township of Montville.

 

CONSENT AGENDA ITEM H – RESOLUTION OPPOSING ASSEMBLY BILL A-3285:

 

WHEREAS, A-3285 would require that certain public contract bid advertisements include certified cost estimates or estimate ranges of projected contract cost and it would amend the grounds for rejection of all bids; and

WHEREAS, advocates for A-3285 argue that the best interests of taxpayers are served by the provisions of A-3285, because it promotes, they claim, openness and broad dissemination of information; and

WHEREAS, the Township of Montville agrees that taxpayers are best served by openness and board dissemination of information, however, A-3285, would, in fact, limit a competitive process that is the foundation of the Local Public Contracts Law and would not best serve the public interest; and

WHEREAS, A-3285 would require a municipality to include in the public advertisement its cost estimates or cost estimate ranges for construction projects in excess of $500,000; and

WHEREAS, A-3285 also amends the provision to reject all bids; and

WHEREAS, one of the amendments would permit a municipality to reject all bids only if the lowest bid substantially exceeds the municipality’s cost estimates or cost estimate ranges for the goods or services as published and attested; and

WHEREAS, as a result of this amendment, all contracts, including goods and services, over the contracting unit’s bid threshold will now require the public advertisement for bids to include cost estimates or cost estimates ranges; and

WHEREAS, municipal engineers and other design professionals will typically prepare the projects cost estimates based on the current industry cost and bids received for similar projects in different municipalities; and

WHEREAS, these estimates tend to be in the middle of the current industry cost; and

WHEREAS, the Township of Montville is concerned that A-3285 will create the “floor” as opposed to a “ceiling” for bid pricing, removing the incentive for competitiveness and prohibit a municipality from receiving the best possible price for the project; and

WHEREAS, requiring the advertisement of the cost will lead to unfair pricing and increased cost for already strained taxpayers; and

WHEREAS, A-3285 also has the potential to expose municipalities to protracted disputes and litigation; and

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 Township of Montville strongly opposes the passage of A-3285 as it will delay construction projects, lead to increased costs, limit the rejection of bids and expose municipalities to protracted disputes and litigation; and

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING 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 $15,000.00 ($5,000.00 for prior 2011 services and $10,000.00 for the balance of 2011).

            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:

            1.         The Township Administrator is hereby authorized and directed to execute a letter agreement dated May 26, 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 $15,000.00 as per above.

            2.         This contract is awarded without competitive bidding as it is below the bid threshold.

 

Motion:  Gallopo.  Second:  Braden.  Roll call vote – all yes except Kostka - absent.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH HOLZHAUER & HOLENSTEIN, LLC:  Expert appraiser Lotta Lettuce litigation.  Not to exceed $10,000.00.

 

Motion:  Gallopo.  Second:  Braden.  Roll call vote – all yes except Kostka - absent.  Resolution adopted.

 

Nielson asked about the source of funds for the above two resolutions.   Lowenfish stated they would be paid from the water utility.

 

NO. 3 – RESOLUTION AUTHORIZING CHANGE ORDER #1 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND PRECISION BUILDING & CONSTRUCTION:

 

WHEREAS, the Township of Montville and Precision Building & Construction entered into a Contract for the Restoration and Rehabilitation of the Montville Museum; 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:

 

1. 

Install additional repairs at the bulkhead door as required including installing a replication hasp.

 

 

$1,390.00

2.

Replace three severely deteriorated bricks on south (front) elevation.

 

$   726.00

3.

Paint as per the revised paint schedule.  Expand the area of faux grain painting to include all wood trim as revealed during the recent paint analysis.

 

 

 

$2,300.00

4.

Do not re-install the post office boxes as per the Contract Documents.

 

$(2,000.00)

 

; and

 

WHEREAS, Precision Building & Construction has submitted a change order for a change to the total contract price of $2,416.00; and

 

WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with Precision Building & Construction 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 Precision Building & Construction:

 

            Original Contract Price                                                                       $199,742.00

            Amount of this Change Order:                                                            $    2,416.00

            Total New Contract Price After this Change Order                            $202,158.00

 

Motion:  Gallopo.  Second:  Braden.  Roll call vote – all yes except Kostka - absent.  Resolution adopted.

 

NO. 4 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Braden.  Second:  Nielson.  Roll call vote – all yes except Kostka - absent.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Braden – no report.

Committeeman Gallopo – no report.

Committeewoman Nielson – reported previously.

 

Chairman Sandham thanked his family, the voters, and his campaign team. 

 

Meeting adjourned at 9:12 p.m.  Motion:  Gallopo.  Second:  Braden.  All in favor except Kostka - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

 

Approved September 13, 2011

Montville Township Committee

 

 

                                                           

James Sandham, Jr., Mayor

 

 

Last Updated ( Wednesday, 14 September 2011 )
 
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