MTC Minutes 07-12-11 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, July 12, 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 Don Kostka

                        Committeeman Scott Gallopo

                        Committeewoman Deb Nielson

                        Chairman James Sandham, Jr.

 

Absent:            Committeeman Tim Braden (excused absence)

 

Also present:   Frank Bastone, Township Administrator

Robert Lowenfish, Treasurer/Director of Finance

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-071211 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.      Litigation:  Lotta Lettuce; Stefanelli; Tax Appeal - Greenberg

2.      Contract negotiations: Blue Collar 2012 negotiations

3.      Property acquisition:  Changebridge Road extension

 

Motion:  Gallopo.  Second:  Kostka.  All in favor except Braden - 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 Committeeman Kostka.

 

DISCUSSION ITEMS:

 

NO. 2 – 2010 AUDIT:  Gary Vinci, Township Auditor, presented.  The Township Committee received the audit as well as the synopsis of the audit.  He explained the synopsis shows a balance sheet and profit and loss for the current fund as well as the two utilities.  Current fund - the year end surplus at the end of 2010 was $1.7 million.  $160,000 greater than the prior year.  The Township Committee has earmarked $437,000 of that going forward to balance the 2011 budget.  The water utility had just under $6 million of surplus at the end of 2010.  Sewer utility had just under $2.1 million.  There are sufficient funds available for stabilization going forward.

 

Audit recommendations:  Escrow account – Township review the balances.  No need to carry escrow balances for projects that have been completed.  Some go back a number of years.

 

Grant receivables – current fund and general fund.  Important to make sure the receivables are collectible.

 

General ledgers – important that there are monthly proofs – bank reconciliations. 

 

Fixed asset reporting system – currently maintain.

 

Tickets – Administrative Courts – outstanding for over six months – compliance matter.

 

Professional Services Agreement – Township Planner.  Going forward – resolution to approve that individual.

 

Chairman Sandham stated we had a turnover in the CFO position.  Are some of the items related to that?  Vinci answered some may be.  Some may be issues that have not been resolved.

 

Sandham asked about the escrow.  If we can’t find the developer do we have to return it to the State?  Vinci answered yes.  He is not sure there is a certain time period by the Department of Community Affairs.  It should be followed up on.

 

Kostka asked the dollar value of the escrows.  Vinci answered over $2 million.  Sandham stated they should look at the balances to see what is performance, etc. and see what should be reclassified.

 

Sandham asked about the general ledger.  Are there significant differences?  Vinci stated no, but they should be reconciled on a monthly basis.

 

Frank Bastone, Township Administrator, stated Finance will be putting together a corrective action plan to be submitted to the State. 

 

Sandham asked about the utilities.  Can surplus fund an acquisition instead of going to bond?  Vinci answered yes.

 

PRESENTATION:  Chamber of Commerce – Welcome to Montville Signs:  Joe O’Dowd presented.  Their sign project started in 2004 with the purchase of 12 signs.  We have decided we want to go forward with the remaining access points to Montville.  The new signs are slightly different.  One is at the Bloomfield Avenue/Montville Diner border.  One is on Route 202 coming from Lincoln Park.  The Chamber likes the one on Bloomfield Avenue.  He provided sketch.  The life expectancy is 7 to 10 years.  They want to add sponsorship at the bottom of the signs.  DPW to maintain.  The landscapers currently maintain and sponsor the current signs.  Would like to offer it to Chamber members first.  Looking for permission to locate the signs in the town rights of way and that you will maintain them.  These signs will cost us under $1,000 each.  Also, we can offer them not just to businesses, but also to individuals.  Our goal is to require a three-year sponsorship, $300/year, and then if you want to continue after that it will be a reduced rate.

 

Endorse project.  Motion:  Nielson.  Second:  Kostka.  Discussion:  Committeeman Gallopo asked if this will be first come, first served.  O’Dowd stated they will offer it to Chamber members first.  All in favor except Braden – absent.  Motion approved.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2011-17 ESTABLISHING THE SALARY FOR THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:

 

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

 

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

 

NO. 2 – ORDINANCE NO. 2011-18 ORDINANCE AMENDING CHAPTER 36 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “OPEN SPACE TRUST FUND:”

 

Chairman Sandham opened the public hearing.  Martin Murphy, Township Attorney, stated when the referendums were adopted with regard to our open space tax, the statute allowed the funds to be used for a lot of different purposes.  The Township Committee at that time decided they wanted to limit what those funds were used for.  They did so by ordinance.  They are able to expand that by ordinance now; so it is expanded by all the purposes listed in the ordinance.

 

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

 

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

 

NO. 3 – ORDINANCE NO. 2011-19 TO VACATE A PORTION OF ASA STREET:

 

Chairman Sandham opened the public hearing.  Murphy stated this is a clean up matter.  Originally there was a subdivision that allowed for the extension of Asa Street.  The old cul-de-sac was never vacated after the road was constructed. The issue came to hand because it caused title problems for some property owners.

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

 

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

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported on the Lowe’s offsite improvements.  He spoke with the DOT about the issue of them not approving the proposed island on Bloomfield Avenue.  We will meet with the field representative on site and after we have that meeting we will be able to have the meeting with Mr. Barrett down in Trenton.  Need to know who is going to be on the subcommittee from the Township Committee. Sandham stated he would also like to invite our legislators to both meetings.  Representatives – Kosta and Gallopo.  Sandham will be the alternate. 

 

Bastone stated he was requested to draft a letter to the businesses because a number of residents expressed concerns about traffic, speeding, etc.  I provided you with a draft of the letter.  There are approximately 70 businesses.  Township Committee – ok with the letter. 

 

Committeewoman Nielson asked after the letter goes out is it possible to do a follow up call to make sure the proper people have seen the letter.  Bastone answered yes.  He stated the major concerns were the delivery trucks, etc.

 

Bastone stated the DPW is working on replacing the signs that were deemed to be deficient. 

 

Sandham stated one of the signs was a “slow – children” sign.  Would it make sense to install signs like that on John Street and Margaret Drive – since they are cut-throughs?

 

Nielson stated also on Maple and New Maple.  Sandham requested the Police and DPW work together to see where they need to be put up.

 

Sidewalk maintenance:  Bastone submitted a draft letter to the residents (Avalon & Arthur) for the Township Committee to review.  Sandham suggested adding “voluntarily cooperate.”  Bastone will be adding a fourth paragraph indicating we will be sending a follow up letter once we have more details.

 

Nielson stated there was a survey done around 2007 of all the sidewalks in town.  Bastone stated he will get that to the Township Committee.  Bastone will get the letter out and will be looking at the potential of other locations.

 

Digital recording system Municipal Court:  Bastone reported on the memo from the Judge implementing a digital recording system.  Benefits – audio and video aspects.  May also potentially reduce Police overtime.  We are going ahead with this purchase – it is already budgeted.

 

Plausha Park:  Bastone reported next week there is a meeting with the residents if any of the Township Committee members would like to attend.

 

Montville Day:  Bastone stated he just wants to clarify we are not holding Montville Day this year, and we are using the Bayer grant toward the cost of the 4th of July.  The budget for celebration for public events was cut to zero.  Sandham stated we did that because we said if we were going to do it, it had to be self-funding.  Personally, I would like to have it – it is the only thing we have for the residents – but given where we are in the year and the resources required to pull it off, I am fine with not having it this year. 

 

Nielson stated I would like to bring Montville Day back for next year, and we should start planning for it now.

 

Bastone stated last Montville Day cost approximately $10,000.  That does not include Police and DPW overtime.

 

Nielson asked do we have a tally of Police and DPW overtime for July 4th?  Bastone will get that.

 

Gallopo stated he would like to see the costs for the last Montville Day including overtime.

 

Gallopo and Kostka – ok with planning for Montville Day for next year.

Animal Shelter:  Bastone reported the subcommittee met today.  He distributed a proposed schedule and financing summary.  Township Committee authorized the bond ordinance to be introduced on August 9.

 

ATTORNEY:  No report.

 

FINANCE:  Robert Lowenfish, Director of Finance, reported on the escrow and bonding.  Since he started here, they have been working on it.  Mr. Barile and his department have been working hard on that.

 

Grants receivable – the largest one is a project that was cancelled.  Bank reconciliations are now current.

 

DISCUSSION ITEMS:

 

NO. 1 – HEALTH INSURANCE – RETIREES:  Bastone reported this is a follow up to budget discussions – how we want to approach health insurance for retirees in the future.  Provided Township Committee with particular clauses from each of the four union contracts in addition to the portion of the municipal code that covers nonunion employees.  Right now all retirees are provided with health benefits based on their years of service.

 

Kostka stated just to get an idea – the average cost based on family coverage and you run it out for 12 years (to age 67) - it is going to cost the taxpayers in town an additional $300,000 – times the number of employees, you are looking at $30 million.  This is a way to open the discussion to try to come up to a solution to bridge the gap in the future – sooner rather than later.

 

Sandham stated he would like to know the Medicare age.  Lowenfish responded it is 65.  Sandham stated our ordinance is age 55 for benefits.  The Governor just changed the age for new employees to 60.  Can we change our ordinance to 60 for benefits?  Murphy answered yes.

 

Nielson stated we have retirees and the costs are ballooning.  Is there a way we can put a cap on what is spent?  Bastone stated Mr. Murphy is looking at that. 

 

Sandham stated he would like to understand what other towns are doing.  Bastone stated he will check with labor counsel and one of the administrators from the health insurance fund – they should have knowledge.

 

Sandham stated to be clear on this – we have existing labor contracts.  We would have to negotiate into contracts going forward.

 

NO. 3 – DEPARTMENTAL RESOURCE REVIEW – POLICE:  Bastone reported we want to look at the table of organization and each department.  We thought the best way to do this was from the bottom up – determine what functions are necessary, etc.  We said we would look at the Police Department first.  Once we refine the functions, I can sit down with Chief Cook and come back with a table of organization.  Police – there are core functions and specialized functions i.e. the traffic division, etc.  There may be some that are not necessary.  The Chief and I have talked about what may not be necessary i.e. K-9, SWAT, DARE.  The next step is to provide a table of organization. 

 

Sandham stated the question to me as an elected official - I need to understand what the impact may be if we make changes to the table of organization – response time, etc.  For example, if we took certain functions away from the police, and gave it to town hall, etc.  Bastone stated this is basic information, and we are going to build off of this.

 

Richard Cook, Chief of Police, it varies every day (response time).  I don’t think you can come up with an average of how much it would change.  We have less officers now than when I started.  Most police studies are based on population. 

 

Bastone stated that is why it is important to identify functions.  Did that number include a K-9 unit, SWAT team, etc?

 

Sandham asked which of these functions could be performed by a non-uniformed officer?  How would the Township Committee like to proceed?

 

Gallopo stated I think you have to look at the Table of Organization, look at what takes the patrolmen off the road, response time, and population density.  What changes could we make in the TO based on attrition? 

Nielson stated it would be important to know where the time is spent:  youth, certain areas of town, seniors, etc.  Could work with a firm who could work with the Police Chief and Administrator to develop efficiencies.

 

Cook stated we are one of the lowest officers per 1,000 population in the County. 

 

Sandham stated they are looking to take workload away from uniformed officers and give it to administrative staff.  Use of specials – look into.  Gallopo stated look at upgrading technology. 

 

Cook stated we had five people that were inside that are now outside.  Bastone stated maybe we need to identify that.

 

Kostka stated safety is really important, but I think it is also important that you have to be skeptical.  You can run up hiring.  There is an appropriate number.  I want to be very careful, but here is a topic you can introduce the fear factor very easily.

 

Gallopo stated since we are not all experts, it would be worth getting an outside firm to take a look at this. 

 

Nielson asked Mr. Bastone if it would be possible to see what firms are out there to do an efficiency study, and the costs.  Bastone will provide for next meeting.

 

Sandham asked if we will also have the current TO available.  Bastone requested Chief Cook to provide that.

 

NO. 4 – MORRIS COUNTY WILDLIFE MANAGEMENT PROGRAM:  Bastone stated we get this letter annually.  The County is looking to expand bow hunting which I think would be beneficial.

 

NO. 5 – SALE OF BULK WATER LINCOLN PARK:  Bastone stated we have a letter from Lincoln Park dated June 21 requesting Montville provide water to the Jacksonville Road area.  Mr. Mazzaccaro provided a summary dated 07/12/11.  He feels it is feasible.  My recommendation is we continue to pursue this.

 

Thomas Mazzaccaro, Water & Sewer Director, summarized his memo.  They will work things out in negotiations.  Also, Boonton is going to be constructing a new water tank.  They will be looking to us to purchase some water.  Township Committee – ok.

 

PUBLIC PORTION:

 

Larry D’Oench, 20 Stony Brook Road, Montville, introduced Alan Puleo, 7 Navajo Court, Montville.  Mr. Puleo will be the new liaison to the Township Committee from the Valhalla Civic Association.

 

Alan Fleishell, 1 Glen Terrace, Montville, President of Lake Valhalla Club, read statement.  Summary:  In recent years, the club has found it necessary to update the kitchen, parking, tennis courts, volleyball court, and bathroom facilities.  They are located in a prohibited use.  Every time the club wants to improve, they have to go before the Board of Adjustment.  Recently they have been in an application process for over two years and it is yet to be completed.  They have been forced to spend $100,000’s during this process.

 

In 2010 the master plan was adopted by the Planning Board.  The master plan recommends rezoning the Lake Valhalla property to make the club a permitted use.  The master plan recommends that the three parcels be zoned to lake recreation.  It is imperative that the zoning ordinance be modified to make the club a permitted use.  The Planning Board has recommended that the Township Committee rezone the Lake Valhalla Club.  On behalf of the Board of Trustees, I respectfully ask when the Township Committee will follow the Planning Board’s recommendation and rezone the Lake Valhalla Club property to a permitted use.

 

Nielson stated I sit on the Planning Board as does Jim Sandham.  The Planning Board is currently reviewing the ordinances – all of the zones – and plan on having a recommendation to the Township Committee by the end of the year.  The thought process was to provide a comprehensive document to the Township Committee.

 

Sandham asked can we ask the subcommittee and the Planning Board if we can adopt portions at a time?  Nielson answered I will follow up and ask them.  The Planning Board is meeting this Thursday night.

 

Fleishell asked can we have a timeframe on that?  Nielson stated we can get back to you with a timeframe within the next couple of weeks.

 

Kostka stated the Lake Valhalla Club has been in existence for a long time.  How did it become a nonconforming use?  Fleishell stated he is not sure.  He understands at one time it was a conforming use.

 

Nielson requested Mr. Fleishell leave his contact information tomorrow with the Township Clerk.

 

Hearing no further comments, Chairman Sandham closed the public portion.

 

Motion:  Nielson.  Second:  Kostka.  All in favor except Braden - absent.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2011-20 AUTHORIZING THE TRANSFER OF PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE TO EFFECTUATE A LOT LINE ADJUSTMENT:  Block 39, Lot 34.02, Park Lane.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 9, 2011, at 8 p.m.  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – Braden, absent; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2011-21 AMENDING CHAPTER 330-38 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “RESPONSIBILITY OF OWNER OR TENANT FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS AND FIRE HYDRANTS:”

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 9, 2011, at 8 p.m.  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – Braden, absent; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

NO. 3 – ORDINANCE NO. 2011-22 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS FOR THE YEAR 2011 – UNREPRESENTED:  Health Officer.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 9, 2011, at 8 p.m.  Motion:  Gallopo.  Second:  Kostka.  Discussion:  The $10,000 for Lincoln Park is annual, is effective September 1, and prorated for the remainder of 2011.  Add in Section I – “Annual” salaries and wages.

 

Kostka stated in order to do a shared service; we are raising an individual’s salary.  We voted to freeze unrepresented salaries in 2011.  Now we are paying $10,000.  To me it looks messy.     

 

Sandham stated we took on the commitment to provide services to Lincoln Park.  We can’t go back on our commitment.  The person would be doing more work and that is what we agreed to pay him. 

 

Gallopo asked are we reviewing the salary again for 2012?  If we find that the salary is not appropriate, can we review?  Sandham answered yes, we can.  We are only approving the salary for 2011.

 

Bastone stated the salary is not tied to the contract.  Sandham stated we made a 16-month commitment to Lincoln Park and that the employee is going to perform those services.  If something is going to change and if you wanted to take this salary adjustment away, then the person is not going to work the extra hours required to perform the job.

 

Gallopo stated it is about options that are available.  Kostka stated it is also to make the public understand what is happening here.  There certainly is a benefit to performing the service for Lincoln Park, but it comes with a cost.

 

Roll call vote – Braden, absent; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA13:  Motion:  Nielson.  Second:  Gallopo.  Roll call vote – all yes except Braden – absent.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENT 2010 AND 2011:

 

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 32, Lot 1

85 Jacksonville Road                          2010                            $2,585.48

                                                2011                            $2,529.06

Total Refund                                                                           $5,114.54

 

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 182, Lot 2

11 Route 46

Premium Money                                                                                  $15,200.00

Lien Redemption Certificate #10-00025                                             $72,186.97

Total Payment                                                                                     $87,386.97

To:       Robert Rothman

 

CONSENT AGENDA ITEM C – RESOLUTION APPROVING EXTENSION OF GRACE PERIOD FOR PAYMENT OF TAXES DUE ON AUGUST 1, 2011:

 

            WHEREAS, on July 14, 1994, Governor Christine Todd Whitman signed into law P. L. 1994, C. 72 allowing twenty five calendar days from the date the tax bills are mailed for payment of taxes; and

 

            WHEREAS, due to the delay in receiving the certified tax rate from the County for the year of 2011, tax bills will be mailed sometime after the mandatory date of July 16, 2011.

 

            NOW, THEREFORE, BE IT RESOLVED that the grace period for the August, 2011 quarter for tax collection only, has been extended to 25 days after the mailing of the tax bills.  As of this date, the date of mailing is unknown.  Tax bills will include a Notice of Extension of Grace Period if tax bills are mailed after the mandatory date of July 16, 2011.

 

CONSENT AGENDA ITEM D – 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

 

8 Sunset Court                        Soil Stabilization          $500.00  /  4-08           Scott N. Russell

B. 125.13, L. 9                                                                                                 8 Sunset Court

                                                                                                Montville

 

18 Glen Terrace                      House Demolition       $10,000.00/ 6-10         C. & A. Lignac

B. 9, L. 13                                                                                                        18 Glen Terrace

                                                                                                                        Montville

 

11 Hillcrest Road                    Soil Stabilization          $300.00  /11-04           G. & S. Culmone

B. 94, L. 15                                                                                                      11 Hillcrest Road

                                                                                                                        Towaco

 

12 Valley View             Soil Stabilization          $400.00  / 1-06            Angelo Murolo

B. 125.7, L. 17                                                                                                 12 Valley View Drive

                                                                                                                        Montville

 

63 Horseneck Road                Soil Stabilization          $3,000.00 / 7-06          N. & L. Tollis

B. 140, L. 5.01                                                                                                 63 Horseneck Road

                                                                                                                        Montville

 

12 Parkway Drive                    Soil Stabilization          $300.00  /  5-07           M. Gorski

B. 146, L. 16                                                                                                    14 Parkway Drive

                                                                                                                        Pine Brook

 

24 Stiles Lane                         Soil Stabilization          $300.00  /  10-07         J.&P. Migliorino

B. 149, L. 49                                                                                                    24 Stiles Lane

                                                                                                Pine Brook

 

172 Konner Ave. No.               Soil Stabilization          $750.00  /  11-07         Raymond Giordano

B. 139.06, L. 19.05                                                                                          172 Konner Ave. N.

                                                                                                                        Montville

 

19 Duynecrest            Road               Soil Stabilization          $300.00  /  7-08           L. & M. Trionfo

B. 39, L. 18.02                                                                                                 19 Duynecrest Road

                                                                                                                        Towaco

 

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

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING A REDUCTION IN PERFORMANCE GUARANTEE – LARRY & DOROTHY GAGE – BLOCK 3, LOTS 58 & 67, VALHALLA WOODS:

 

            WHEREAS, a Performance Guarantee was issued in the form of Letter of Credit No. 2584 issued by Valley National Bank in the amount of $173,671.56 and cash in the amount of $19,296.84 to the Township of Montville on behalf of Larry and Dorothy Gage, the developers of a development known as Block 3, Lots 58 and 67 (Valhalla Woods); and

            WHEREAS, Larry and Dorothy Gage have requested that the Township accept a bond reduction of the cash bond from $19,296.84 to $5,789.05 and the Letter of Credit from $173,671.56 to $52,101.46, which is the current amount required for posting.

            WHEREAS, by memorandum dated June 13, 2011, the Township Planner has reviewed the request for a reduction and has recommended that the Performance Guarantee be reduced.

            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 hereby accepts a reduction in the Performance Guarantee on behalf of Larry and Dorothy Gage from cash in the amount of $19,296.84 to $5,789.05 and Letter of Credit from $173,671.56 to $52,101.46.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEE – LARRY GAGE – BLOCK 3, LOTS 58 & 67, VALHALLA WOODS:

 

            WHEREAS, Larry Gage, the developer of property known as Block 3, Lots 58 & 67 (Valhalla Woods), 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 reviewed the recommendations of the Township Engineer;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee posted by Larry Gage in the form of Bond #A04088R95 issued by First Indemnity of America Insurance Company in the amount of $21,130.00 shall be released and the cash portion of the guarantee in the amount of $2,347.88 shall be released as follows:

$263.92 shall be transferred to Montville Township escrow account to cover deficiency; and

$1,909.71 shall be transferred to Montville Township engineering inspection fee account to cover deficiency; and

$174.25 balance shall be refunded.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE TRANSFER OF ANTICIPATED REVENUE – 2011 MUNICIPAL BUDGET:

 

WHEREAS, there appears to be an error in the Adopted Budget 2011 under Current Fund – Anticipated Revenues 3. Miscellaneous Revenues – Section F: Special items of General Revenue Anticipated with prior written consent of Director of Local Government Services – Public and Private Revenues Offset with Appropriations.

            WHEREAS,     line item Police Body Armor Fund 10-710 has an anticipated amount of $4,000 for 2011.   This $4,000 was input in error and should be anticipated for Click It or Ticket It.

            NOW, THEREFORE, BE IT RESOLVED, a transfer be made of anticipated revenue in the 2011 Adopted Budget from Police Body Armor fund 10-710 in the amount of $4,000 to Click It or Ticket It 10-711.

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

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION IN THE 2011 MUNICIPAL BUDGET:  Drunk driving enforcement fund $13,000.00.  No local match.

 

CONSENT AGENDA ITEM I – RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJS 40A:4-87 – LINCOLN PARK SHARED HEALTH SERVICES:

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount;

            NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $20,000.00, which is now available from the Borough of Lincoln Park in the amount of $20,000.00.

            BE IT FURTHER RESOLVED, that the like sum of $20,000.00 is hereby appropriated under the caption Lincoln Park Shared Health Services; and

            BE IT FURTHER RESOLVED, that the above is the result of funds from the Borough of Lincoln Park for shared health services in the amount of $20,000.00.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION IN THE 2011 MUNICIPAL BUDGET:  Department of Community Affairs Handicapped Opportunities Grant $13,000.00.  Local match $2,600.00.

 

CONSENT AGENDA ITEM K – RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJS 40A:4-87 – LITERARY GRANT:

 

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount;

            NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $16,500.00, which is now available from the Montville Literacy Foundation in the amount of $16,500.00.

            BE IT FURTHER RESOLVED, that the like sum of $16,500.00 is hereby appropriated under the caption Literary Grant; and

            BE IT FURTHER RESOLVED, that the above is the result of funds from an ESL grant from the Montville Literacy Foundation in the amount of $16,500.00.

 

CONSENT AGENDA ITEM L – RESOLUTION GOVERNING BODY CERTIFICATION OF THE 2010 MUNICIPAL AUDIT:

 

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2010 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

 

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations;” and

 

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

 

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

 

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con­viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

 

NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Montville, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

 

CONSENT AGENDA ITEM M – APPROVAL OF BLOCK PARTY:  July 30, 2011.  Forest Hill/Redding Place.  No rain date.

 

CONSENT AGENDA ITEM N – RESOLUTION AUTHORIZING A DETERMINATION REGARDING THE PROVISION OF MUNICIPAL SERVICES TO PROPERTIES TRAVERSING THE MUNICIPAL BOUNDARY LINE – 28 ORCHARD DRIVE – BLOCK 31, LOT 7:

 

            WHEREAS, real property located at 28 Orchard Drive, Towaco, known and designated as Block 3.3, Lot 16, as shown on the tax assessment map of the Borough of Lincoln Park, and also Block 31, Lot 7, as shown on the Tax Assessment Map of the Township of Montville (hereinafter, “Property”) traverses the municipal boundary line as shown on the Tax Maps of the Borough of Lincoln Park and Township of Montville; and

            WHEREAS, the municipal boundary line for the Borough of Lincoln Park and the Township of Montville bisect, divide or otherwise separate, in whole or in part, the Property; and

            WHEREAS, in accordance with N.J.S.A. 40:13-19, when the boundary line between adjoining municipalities divides lands, so that a portion of the lands are located in each municipality, the municipalities in which the lands are situated may determine, by resolution passed by their respective governing bodies, which municipality shall have sole supervision of the lands for provision of municipal services and taxing authority; and

            WHEREAS, the Borough of Lincoln Park has requested that the Township of Montville tax and service the Property.

            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.         In accordance with N.J.S.A. 40A:13-19, sole supervision of Block 31, Lot 7, as shown on the Tax Map of the Township of Montville, for the provision of municipal services and exclusive taxing authority pursuant to N.J.S.A. 54:4-25, including sole power to issue all licenses and permits required for such lands and buildings, be and hereby is granted unto and accepted by the Township of Montville.

            2.         This determination and agreement is specifically contingent upon and subject to concomitant approval hereof and adoption of a similar resolution by the Governing Body of the Borough of Lincoln Park.

            3.         This determination and agreement shall not be construed to alter or amend the existing municipal boundary line between the Borough of Lincoln Park and the Township of Montville.

            BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and directed to enter into such additional agreements or undertakings as they may deem necessary and property to carry out and effectuate the purposes of this Resolution.

 

CONSENT AGENDA ITEM O – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2012 MUNICIPAL ALLIANCE PROGRAM GRANT APPLICATION TO THE COUNTY OF MORRIS:

 

WHEREAS, 2012 Governor’s Council on Alcoholism and Drug Abuse funds are available through the County of Morris and

 

            Whereas, the Drug Awareness-Municipal Alliance Council and the Township Committee wishes to continue to participate in the County’s Municipal Alliance Program,

 

            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:

           

            The appropriate officials are hereby authorized to execute and submit the 2012 Municipal Alliance Program application for $14,800 to fund Moving Ahead ($3,000), REACH ($1,500), Red Ribbon Week ($3,000), Parenting Programs ($1,500) Just Say No Week/Project Promotion ($2,800), and Teen Center Activities ($3,000).  The required cash match of $3,700 will be allocated as follows: $925 for Moving Ahead, $925 for REACH, $925 for Just Say No Week/Project Promotion and $925 for the Teen Center.

 

CONSENT AGENDA ITEM P – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTES FROM VARIOUS MEETINGS 2008, 2009, 2010, AND 2011:

 

2008 minutes reviewed.  No items releasable at this time.

 

TOPIC

All minutes from the year:

Litigation - Ptaszek

2009

2010

Contract negotiations/litigation – First Aid Squad

2009

2010

Contract negotiations – joint municipal court

2009

2010

Property acquisition – Changebridge @ Montville

2010

Contract negotiations – 32 Maple Avenue

2010

Contract negotiations – revaluation contract

2011

Contract negotiations – library maintenance contract

2011

Contract negotiations – appraisal services contract

2011

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Gallopo.  Second:  Nielson.  Roll call vote – all yes except Braden – absent.  Resolution adopted.

 

COMMITTEE REPORTS:

Committeeman Gallopo stated the agenda posted on the website currently has the resolutions and ordinances linked to it.  Would like to set a date for the discussion items and reports to be linked.  Bastone stated the Clerk and I will set a date.

 

Gallopo requested the audit summary be posted on the website.

 

Committeewoman Nielson – no report.

 

Committeeman Kostka reported he attended the Board of Adjustment meeting last week.  One of the applicants got a rough treatment.  I communicated my concerns to the Chairman, reached out to two of the members, and I reached out to the individual.  I realize the board is made up of volunteers.  I think it is important for our volunteers to realize that for the most part you are speaking to a resident of the town, and they deserve respect.  For that matter anyone that comes to the mike deserves our respect. 

 

Chairman Sandham stated during budget discussions, several people on this dais discussed reducing the Township Committee salary beyond what we did for the 2011 year.  I do think we should have that on as a future agenda item – Township Committee salary for 2012.

 

Meeting adjourned at 10:22 p.m.  Motion:  Kostka.  Second:  Nielson.  All in favor.  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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