MTC Minutes 08-09-11 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, August 9, 2011, 6:30 p.m.

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

 

6:30 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman James Sandham, Jr.

 

Roll call Township Committee:

 

Present:          Committeeman Tim Braden (arrival 6:35 p.m.)

                        Committeeman Don Kostka

                        Committeeman Scott Gallopo

                        Committeewoman Deb Nielson

                        Chairman James Sandham, Jr.

 

Also present:   Frank Bastone, Township Administrator

Adam Brewer, Management Specialist

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-061411A 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; Bonnieview; Changebridge Road sidewalks

2.      Contract negotiations:  Blue Collar contract; PSE&G

3.      Personnel:  CMFO

 

Motion:  Gallopo.  Second:  Kostka.  All in favor except Braden - absent.  Resolution adopted.

 

At 6:30 p.m. – Closed Session.  At 8:09 p.m. – Public Session.

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

PRESENTATIONS:

 

NO. 1 – PRESENTATION TO OFFICER FRANK COONEY AND OFFICER CARLO MARUCCI FROM THE SUDDEN CARDIAC ARREST ASSOCIATION, NORTHERN NEW JERSEY CHAPTER:  Officer Frank Cooney and Officer Carlo Marucci were recognized for saving the life of a female resident who was in cardiac arrest.  The association, along with Montville Township Dispatcher Cheryl Henderson-Brill, presented the officers with the Heroes Award.  The association also presented them with proclamations from Governor Christie, Congressman Rodney Frelinghuysen, and Congressman Chris Smith.

 

NO. 2 – PRESENTATION TO MIKE KARLAN:  The Township Committee presented Mike Karlan with a plaque in recognition of his twenty years of service as a member and chairman of the Design Review Committee.  He was also recognized for his hard work on the Montville Messenger for the past six years.  He was also presented with a Montville hat and a gift from Committeewoman Nielson.

 

NO. 3 – PRESENTATION OF GIRL SCOUT SILVER AWARD PROJECT BY CAYLEIGH ASLANIAN:  Miss Aslanian presented.  She is going to be entering Montville Township High School in September.  She would like to help the Montville Pet Parents in achieving her award.  They have been fundraising for the last five years for a new animal shelter.  She would like to construct a sign on Church Lane at the site of the new animal shelter.  She has a commitment from a lumber and hardware store.  She will ask landscapers to help install the sign.  She would like to ask local businesses to help also.  3’ x 5’ sign would read future home of the Montville Animal Shelter.  She distributed drawing of the sign. 

 

Frank Bastone, Township Administrator, stated the sign indicates donations made to the Montville Pet Parents.  Is it possible to have the donations made to the municipality?  Aslanian answered yes.  Bastone stated we are introducing a bond ordinance, and the price for the shelter has risen.  Donations to the town to help offset the cost of the shelter would be helpful to all taxpayers in town.

Sue Goldblatt, Montville Pet Parents, stated we would like that money earmarked specifically for the animal shelter building.

 

Chairman Sandham requested Miss Aslanian work out the wording on the sign with the Township Administrator.  Township Committee agreed with the project.

 

Sandham congratulated Miss Aslanian.  It is a great project, and thank you for helping the town.

 

Goldblatt asked can we note and keep track of the money that comes in from the sign?  Bastone stated no problem.

 

NO. 4 – PRESENTATION BY POLICE EXPLORER POST #805:  Patrolman Frank Cooney and Ryan Taylor, civilian assistant who helps run the post; and members of the Explorer Post present.  Cooney presented a proposal for a meeting and training facility.  We have never had our own building.  We use the public safety building, the wrestling barn, and the little house.  This is a prefab building, a log cabin, to be situated on the Township’s tract of land on Stiles Lane and Changebridge Road.  There was a house there.  We have people in town willing to help us with the foundation/slab.  Township Committee was provided with pictures and plans of the house.  The prefab company would give us a substantial discount if we get them a deposit quickly.  The cost is $125,000 for the log cabin with two floors.  The explorers will pay for it.  We would do a cement slab with a crawl space.  Everything on the first floor would be completely finished.  With more fundraising, we would finish the second floor.  There are over forty young men and women in our program.  Our program has been very successful over the years, and we are looking to expand a little.

 

Martin Murphy, Township Attorney, distributed Green Acres regulations.  Because the property was purchased with our open space funds it appears on the DEP Green Acres ROSI list.  Being on the ROSI list does not allow for something new to be built on it.

 

Bastone stated the easiest thing to do would be to submit the proposal to Green Acres and see if they would allow it. 

 

Cooney stated the company was talking about the first week of September.

 

Committeewoman Nielson stated it is August 9; I am sure we can have Mr. Bastone’s office contact the DEP and perhaps get our Senator involved.  Bastone stated the issue is the use.

 

Committeeman Braden asked if the DEP granted us the permission, would we have to hold a public hearing?  Murphy answered yes, according to the regulations. 

 

Nielson stated see if we can find some language that can marry the explorer program and ideals with recreation.

 

Cooney stated he would like to suggest a backup plan.  We have a lot of substantial fundraising plans.  Our backup was the house on Passaic Valley Road.  It would need a lot of work.  Would the town be willing to give us the backup plan? 

 

Bastone stated the best thing to do is submit the program to the DEP and get a determination. 

 

Sandham stated when we approach the DEP, we should couch it that this is replacing the house that was taken down.  The footprint is still there, the utility connections, and the driveway.  Nielson stated we should incorporate in what is sent down to the DEP the discussion tonight and send on what Frank Cooney has submitted – embellish the memo to show uses that fall under the open space umbrella – recreation programs, physical fitness course, etc.

 

Township Committee agreed – see if we can get this through quickly.  Murphy will look further into if we would need a public hearing.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2011-20 AUTHORIZING THE TRANSFER OF PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE TO EFFECTUATE A LOT LINE ADJUSTMENT:

 

Chairman Sandham opened the public hearing.  Murphy explained this was a request for us to change the property line for a structure that is on it.  The applicant has agreed to pay the costs associated with it.

 

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

 

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

 

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:”

 

Chairman Sandham opened the public hearing. 

 

Steve Samitt, Changebridge @ Montville, asked what has changed?  Murphy stated the only change is that we are adding the responsibility to remove snow and ice from fire hydrants.  Sandham stated this is a request from the fire departments.  They can’t find fire hydrants in the snow.  This makes the snow removal the responsibility of the property owner.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked is there any teeth in the ordinance?  Bastone stated it is the same enforcement as the sidewalks.

 

Braden stated there are some fire hydrants that are not in the proximity of sidewalks.  Residents are not used to this.  Should publicize in the Montville Messenger, etc.  Bastone stated they will put it on the website.

 

Mort Grossman, 5 Lee Court, Montville, stated he lives on a cul-de-sac.  The snowplows push all the snow in there.  There are no sidewalks.  There is no way I can remove all that snow. 

 

Sandham stated we will have to have a discussion with the DPW that maybe they can’t plow in the fire hydrants as well.

 

Dan Pagano, 11 Roome Road, Towaco, stated in defense of the DPW on some cul-de-sacs there is no place to put the snow.  The entire neighborhood benefits from the fire hydrant.  The fire budgets raised $1.8 million annually.  I think you should think about this ordinance before you penalize people who are old.  They are not the only people who receive a benefit from a fire hydrant in front of their house.

 

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

 

Motion to adopt ordinance:  Braden.  Second:  Gallopo.  Discussion:  Braden stated we should address the concerns of the cul-de-sacs and the crossroads with our DPW.  I would suggest Mr. Bastone take it up with the DPW.

 

Sandham stated if there happens to be a senior citizen, perhaps there could be a neighborhood watch to help out.  We can’t have a safety issue because the firemen can’t find the fire hydrant.

 

Nielson stated I think Mr. Pagano raised some valid concerns.  The fire districts have a lot of tax dollars.  I am hesitant now after hearing the concerns of the residents.  Perhaps the indirect point is that the fire departments should be brought into the process of having the fire hydrants cleared.

 

Sandham stated there are 1500 fire hydrants.  That would be a massive undertaking unless you make the property owner responsible.

 

Committeeman Gallopo stated I understand the concerns, but we are talking about a small little square allowing access to the spicket.  There is already snow that needs to be removed no matter where or who you are.

 

Sandham stated this involves an enforcement action by the town.  Maybe there could be a graduated approach – warning notice, etc.  If there is a senior or disabled person, maybe we could try to take a coordinated approach to see if some other neighbor or the boy scouts could do it.

 

Let’s get it on the books and see how it works out.  We can monitor the enforcement action.  Bastone stated the enforcement action is by the Police Department.  If we want to involve DPW’s input as to the issue on the cul-de-sacs, we should get it now before the ordinance is adopted.

Braden asked would there be any merit to reach out to the three fire departments and ask if they would assist the elderly and disabled in clearing the fire hydrants.  Sandham stated we can certainly do that. 

 

Table adoption of ordinance to September 13, 2011.  Motion:  Braden.  Second:  Nielson.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Ordinance tabled.

 

Bastone will get input from the DPW regarding snowplowing cul-de-sacs and from the Police regarding enforcement.

 

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.

 

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

 

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

 

PUBLIC PORTION:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked if there are plans for the Montville Messenger, and would you like the Technology Committee to make recommendations on alternatives?

 

Braden stated the concern is there are people who don’t have access to the internet.  Bastone stated in addition to the printed copy, it has been posted on the internet.  Township Committee will need to discuss the Montville Messenger going forward in 2012, and they will let Mr. Lefkowitz know.

 

Lefkowitz asked if we need any assistance with the paperless meeting.  Bastone stated the laptops are being worked on.  Will then work on the actual projection phase. 

 

John Becker, 4 Orchard Drive, Towaco, spoke about the editorials in the Daily Record.  Could Montville Township express its concern to the Daily Record? 

 

As a member of the Towaco Civic Association, Montville might develop a farmers’ market at the property next to the public safety building in the large parking area.  I spoke to the owners about leasing it.  Will keep you informed.

 

On behalf of the TCA, would like to see approval for a name change to Camp Dawson.  It is unfamiliar to most people.  The TCA would like to make recommendations as to what the name change should be.  Would it be possible to get approval tonight to make a name change?

 

Sandham stated the TCA should make a proposal to the Administrator.

 

Becker stated on behalf of the TCA, a request of a beautification project to Township buildings, mainly the court room.  Local artists could display their artwork.  Would like to form a committee.  Could also include aquariums. 

 

Sandham stated this Township Committee would entertain discussion on almost any topic.  You should submit detailed proposals in writing to the Administrator. 

 

Becker stated he spoke to Lt. Peterson about traffic regulations.  He feels at this time that stop signs will be put at the end of Jacksonville Road and Bellows Lane.

 

Anthony Barile, Township Engineer, stated the County will replace the yield sign with a stop sign and the appropriate traffic markings.

 

Becker stated he would like to see the two stop signs removed at Old Lane and Old Lane Extension.  Please discuss with the Police Chief.  Also, would like alternate passing lanes on Changebridge Road.

 

Would like to recommend that a plaque of all presently serving Township armed service personnel be erected in the municipal building, the library, and the public safety building.

 

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

 

REPORTS:

 

ADMINISTRATOR:  Bastone reported he is still working with the DOT on the GI Auto site Bloomfield Avenue access.  Lowe’s is not proceeding with the site.  I believe it is still fruitful to have the meetings with the DOT and try to resolve access issues from that site to Bloomfield Avenue. 

 

Sandham stated he sat down with a former member of the Planning Board who knows Pine Brook well.  His suggestion was to make Maple Avenue one way from the north end by Route 80 straight though to the exit by the Lowe’s property.  The issue came up we should be working with our legislators.  Township Committee agreed – develop a list of topics and send them a letter.  Have a work session with the Mayor and Deputy Mayor.

 

Bastone - Planning Incentive Grant – July 22 memo from Adam Brewer.  Propose using the $400,000 grant to reduce existing debt on the Starkey acquisition and the Delaware Hudson acquisition.  Sandham asked as opposed to having it available for future purchases?  Bastone answered yes.

 

Sandham asked if we retire $400,000 of this debt, will we be able to lower taxes immediately or does it come off at the tail end ten years from now?   Will we get a one-time reduction in the open space tax?  Bastone answered no, it is to pay down debt.  Conceptually if you are ok with this, we can work on the details.  Township Committee – ok.

 

Bastone stated Montville’s recycling rate continues to climb.  Our municipal recycling rate has increased from 20.4% in 2006 to 40% in 2009.  This increases our recycling tonnage grant over $15,000 from last year.  This is a 60% increase in that revenue due to increased recycling efforts and Adam Brewer, our Recycling Coordinator.

 

Kostka asked do you have statistics from 2010?  Bastone answered no.  I am interested to see the impact of the new program we implemented on March 1.  Discussion regarding tipping fees, what is contained in the statistics, etc.  Bastone stated they can do a simple calculation regarding tonnage for the first six months of 2011. 

 

Morris County Park Commission – Bastone stated they are considering the acquisition of two parcels of land on Boonton Avenue just opposite High Mountain Road.  Township Committee – ok.

 

Sanitary sewer project – David/Joan/Gregory.  Bastone stated there is an information meeting for the property owners on August 30, 2011, at 7 p.m.

 

Sidewalk maintenance – Bastone distributed memo.  He sent the letter out to the residents.  We solicited proposals from nine contractors.  The one with the best price is a company called Holes Infrastructure Solutions.  Lift and reset slab - $120 per slab.  Remove and replace slab - $40 per linear foot.  I will be sending a letter out to the residents offering this company as a possible vendor for their use.  Trees – roots in the right-of-way.  They are asking the Township to remove the trees, and they would be willing to replace them.  I have discussed this with the DPW.  This would have to be dealt with on a case-by-case basis.

 

ATTORNEY:  No report.

FINANCE:  No report.

 

ENGINEER:  Barile reported he met with the Recreation Commission about the Metro property.  We agreed on a conceptual plan of the layout of the facility.  Will prepare plan and bring back to the Township Committee and Recreation for another look before we proceed with DEP applications. 

 

Barile reported they are finishing up the preliminary plans for the Dogwood Circle improvement project.  They will be meeting with the residents.  Will set up the meeting and advise the Township Committee if they would like to attend.

 

DISCUSSION ITEMS:

 

NO. 1 – 4TH OF JULY:  Bastone stated they had a lot of discussion prior to and during budget discussions.  We need to address these issues early on. 

 

Irwin Paster, Chairman, 4th of July Committee, stated the date is June 30, 2012.  They want full commitments from the Township Committee and the Board of Education.  School is out the week before. 

 

Gallopo asked if the overtime listed is for the entire celebration.  Bastone replied the entire event, but will verify with the Finance Director.  This is dollars spent, not comp time.

 

Committeewoman Nielson asked how many comp time hours were expended?  Would like breakdown of Police overtime broken down by event and comp time – all hours. 

 

Kostka asked the 4th of July Committee is an independent corporation?  Paster answered yes.  The appropriate documents are filed with the State and everything is current.  Kostka stated he was not aware they were an independent committee.  Bastone indicated they file the appropriate report to the Township under the facilities use policy.

 

Braden stated comp time from the Police is not in perpetuity and we need to address that issue.

 

Data by next meeting.  Paster stated maybe the Police can be here for next meeting.  First agenda item for next meeting. 

 

NO. 2 – RESIDENTIAL IMPACT FEES:  Bastone reported on the July 7 memo from our Planner, Meghan Hunscher, with the Planning Board recommendation that the Township adopt the residential impact fee ordinance approved by Council on Affordable Housing.  We also have a memo from Joe Burgis, our consultant Planner.

 

Murphy stated right now we don’t know the status of COAH.  Right now, decisional law does not allow us to have an impact fee on nonresidential.  We don’t even know how we would spend the funds from these fees.  My recommendation is to take some time on this.

 

Kostka stated you have low-income housing.  A builder used to have to set aside x number of units.  We are being mandated by the State to upgrade those units?  Murphy stated the monies have to go into a fund to rehabilitate the low-income housing. 

 

Nielson stated or it could be a single-family home where someone is income qualified.  Sandham stated the State has to come up with some mechanism to meet the court decision.  This court decision is not vacated even though there is no COAH. 

 

Nielson stated there are three options:  If it is a State requirement, Montville Township could float a bond to come up with the money.  You can go up to 2%.  There was discussion among the Planning Board members about the percentages.  We do have a member of the Planning Board here – the vice chair – Mr. Lewis.  Do you want to hear from him?

 

Kostka stated it sounds like we have a mechanism that has to be funded.  It would either affect all of us as residents or if you are somebody new moving in, there is a fee you are going to pay.  This gets added to the cost of living in any town. 

 

Braden stated someone has to stand up and say we are not going to take this.  Gallopo stated we should add this to the items we want to discuss with the legislators.

 

Nielson stated I will expand on the thought process of the Planning Board.  If larger developers come in with 10, 20 or 50 units they can absorb up to one percentage.  It is not on existing homes that are expanding or renovation.  The other option is to charge all of the taxpayers.

 

Sandham stated we have a recommendation from the Planning Board.  Do we want to draft an ordinance?  Braden, Kostka, and Gallopo – no.  Nielson – yes, because if it is mandated, and we don’t have to begin collecting it right away.  If it is an obligation that is not going to go away, we need to find a mechanism to fund it.

 

Sandham – yes, I supported this on the Planning Board.  We charge all kinds of fees for construction in town.  I do believe we have an obligation at some level to provide housing for indigent people.  I think this is the best mechanism to do it, otherwise we are just passing the tax on to everybody, and we don’t know how much that is.

 

Nielson stated there are many mechanisms for implementing the program.  It can be a grant, or a low/no interest loan.

 

NO. 3 – 2011 PAVING PROGRAM:  Barile stated he is looking for approval of the priority list and then when the prices come in we can see how far the money will go.  We have approximately $300,000 for paving and approximately $100,000 for paving.  Sandham stated he thought he asked that we look at the curbing on Brittany Road.  Barile will check on that.

 

Gallopo asked how a road gets on the list.  Barile stated we rank the condition of the roads and consider the traffic on the road.  We look at the roads each year.

 

Nielson asked for a copy of last year’s list.

 

Township Committee – ok on priority list.

 

Barile stated the DOT is accepting applications for their next grant funding cycle.  Prepared to resubmit River Road, and if we want to submit a second application would lump together several roads that only need repaving.  That would be one second application. 

 

Township Committee – ok with two applications.  Priority One – River Road.  Priority Two – all the other roads indicated.

 

NO. 4 – HEALTH INSURANCE RETIREES:  Bastone stated he contacted some of our professionals in town who deal with this in other municipalities – program manager for North Jersey Municipal benefits Fund, and our labor counsel.  I have given you a summary of my discussion and correspondence with those two gentlemen. 

 

Nielson stated our labor attorney gave us a list of controls.  Does this include the PBA?  I thought the PBA included children.  Bastone will double check that.

 

Kostka stated last time we discussed this topic; we discussed some possible tweaks to it.  Right now it is 25 years of service and age 55.  We could tweak it to 30 years service and age 62.  The other thing we could look at – right now it covers the retiree and the spouse.  Perhaps the retiree could fund the spouse over a period of years.   

 

Township Committee will discuss further in labor negotiations.

 

PUBLIC PORTION:

 

Kurt Dinklemeyer asked why Lowe’s is not proceeding with the project.  Bastone stated they have not given us a reason as to why the project has been put on hold.

 

ORDINANCE INTRODUCTION:

 

NO. 1 – ORDINANCE NO. 2011-23 BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF AN ANIMAL SHELTER IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $285,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 13, 2011, at 8 p.m.  Motion:  Braden.  Second:  Gallopo.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA14:  Motion:  Braden.  Second:  Gallopo.  Roll call vote – all yes.  Resolution adopted.

 

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

 

            WHEREAS, Certificate of Sale #09-00035 was issued to Montville Township for delinquent taxes on Block 125 Lot 1.2 (131A Pine Brook Rd), at a tax sale held on December 03, 2009; and

            WHERAS, the assessed owner, Miloseski, Slavco & Emilija has redeemed Certificate #09-00035 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 #09-00035 for cancellation.

 

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 148 Lot 13

30 Walnut Drive

Lien Redemption Certificate #10-00021                                             $3,329.38

To:       US Bank Cust/Pro Capital I, LLC

 

Block 148 Lot 13

30 Walnut Drive

Lien Redemption Certificate #09-00042                                             $   397.88

To:       J.N. Properties

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING REFUND OF VARIOUS TAX OVERPAYMENTS 2008 & 2011:

 

WHEREAS, due to payments received creating an overpayment of tax for the year 2008 and 2011; and

 

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 125 Lot 1.2

131A Pine Brook Road

Miloseski, Slavco & Emilija                             2011                $ 1,086.43

 

Block 163 Lot 31

83 Hook Mt Road

Martorano, Vincent C & Rita M                       2011                $ 2,205.77

 

Block 52 Lot 33 Qualifier C045B

26 Lalique Drive

Estate of Mary Ann C. Dawson                      2011                $ 2,663.42

 

Block 59.2 Lot 27

5 Changebridge Road

Raia Self Storage Montville                             2008                $40,327.00

 

Block 124 Lot 5.2

20 Salter Drive

Zane, Bernard W & Patricia A                        2011                $    453.11

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING VARIOUS TAX REFUNDS 2011 – CHANGE IN ASSESSMENT:

 

WHEREAS, due to a change in assessment, creating an overbill of tax for the year 2011, entitling the property owner to a refund of overpayment; and

 

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 3 Lot 14.3

82 Stony Brook Road

Abbott, Robert T                                                                                  $1,647.70

 

Block 59.1 Lot 5.1 Qualifier QFARM  

56 Millers Lane                                                                                    $  232.18

Block 76  Lot 15.2

43 Millers Lane                                                                                    $    33.46

Total Refund                                                                                       $  265.64

Starkey, Joseph Robert

 

Block 126 Lot 2

3 Tara Lane

Ghanny, Afraz T                                                                                  $  732.64

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING CANCELLATION OF TAXES AND TAX REFUND 2011 – DISABLED VETERAN EXEMPTION:

 

WHEREAS, property taxes for 2011 are to be cancelled due to a 100% disabled veteran exemption; and

 

AND, WHEREAS, these property taxes have been paid by the property owner, creating an overpayment of tax;

 

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

                                               

Block 116 Lot 3

Riemer, George & Paula

23 Pepper Road         

Towaco, NJ 07082                                          2011:    1st Qtr $1,903.43

                                                                        2011:    2nd Qtr            $1,903.43  

                                                                        Total Refund:  $3,806.86

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING REFUND OF TAXES 2010 – TAX APPEAL:

 

WHEREAS, The TAX COURT OF NJ has entered judgment on appeals filed by taxpayers in the Township of Montville; and

 

WHEREAS, The judgment reduced assessments and cancelled tax creating an overpayment of taxes for the year 2010;

 

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

                     

Block 82.7 Lot 50 Qualifier C0237

37 Cobblestone Terrace

Stewart, Kathleen                                           2010                $1,859.19

 

CONSENT AGENDA ITEM G – 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

 

17 Van Duyne Court               Soil Stabilization          $500.00  /  4-11           P. & L. Trovato

B. 82.12, L. 36                                                                                                 21 Van Duyne Court

                                                                                                                        Towaco

NOTE:            $3,500 of $4,000 bond previously released.              

                       

 

6 Berlin Lane                           Soil Stabilization          $700.00  /  12-09         G.P.F., LLC

B. 100, L. 9                                                                                                      Robert Gannon

                                                                                                                        6 West Lake Drive

                                                                                                                        Montville

 

129 Pine Brook Road              Road Opening             $550.00  /  11-92         Anton Kungl

B. 129, L. 5                                                                                                      129 Pine Brook Road                                                                                                                          Montville

 

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

 

CONSENT AGENDA ITEM H – RESOLUTION TRANSFERRING THE CASH GUARANTEE TO ENGINEERING INSPECTION ESCROW AND ACCEPTING PERFORMANCE BOND FROM RBR INVESTMENTS – BLOCK 160.02, LOT 18 – 321 CHANGEBRIDGE ROAD:

 

            WHEREAS, RBR Investments, the developer of property known as Block 160.02, Lot 18 (321 Changebridge Road) is required to submit a Performance Guarantee to the Township of Montville; and

            WHEREAS, RBR Investments has submitted a Performance Guarantee in the form of Performance Surety Bond No. S01156 issued by First Indemnity of America Insurance Company, in the amount of $207,124.50 and the cash portion has been waived; and

            WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance; and

            WHEREAS, the developer has requested that $10,000.00 cash guarantee that was deposited be transferred to engineering inspection escrow.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by RBR Investments in the form of Performance Surety Bond No. S01156 issued by First Indemnity of America Insurance Company, in the amount of $207,124.50 is hereby accepted and the cash amount has been waived.  The $10,000.00 cash guarantee previously posted shall be transferred to engineering inspection escrow.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE AND FINAL PAYMENT OF SETTLEMENT AMOUNT IN CONNECTION WITH THE SOUTH SALEM STREET ASSOCIATES, ET AL. V. TOWNSHIP OF MONTVILLE, ET AL:

 

            WHEREAS, the Township of Montville filed a Counterclaim to a Complaint captioned “South Salem Street Associates, LLC, Delaware Hudson Management, Inc., Ronald Soussa and Delaware Hudson Realty, Inc. v. The Planning Board of the Township of Montville, the Township of Montville, John Rosellini, Jr., Olympia Properties, LLC and Small Towne, LLC,” under Docket No. MRS-L-3369-04 in the Superior Court of New Jersey, Morris County, Law Division; and

            WHEREAS, pursuant to a settlement between Plaintiffs and the Township, the Township agreed to dismiss its Counterclaim and release the Plaintiffs from any liability related to the Counterclaim.

            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 Release of claims filed in the Counterclaim to the above-referenced Complaint; and be it further

            RESOLVED that final payment may be made of the settlement sum to South Salem Associates, LLC.

 

CONSENT AGENDA ITEM J – RESOLUTION ACCEPTING RIGHT-OF-WAY DEDICATION FROM HOLIDAY MONTVILLE, LCC (BRIAR HILL DEVELOPMENT – VREELAND AVENUE):

 

            WHEREAS, Holiday Montville, LLC, the developer of property known as the Briar Hill Development (Block 52.3, Lot 19 – Vreeland Avenue), has agreed to dedicate additional right-of-way for Vreeland Avenue in connection with a development approval from the Montville Township Zoning Board of Adjustment (Application No. ZSPP/FDC28-08-13-10); and

            WHEREAS, the Township Engineer has reviewed the description and recommended the acceptance of the additional Vreeland Avenue right-of-way; and

            WHEREAS, the Township Committee has 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 right-of-way dedication from Holiday Montville, LLC over a portion of Block 52.3, Lot 19 is hereby accepted in conjunction with the Briar Hill Development.

 

CONSENT AGENDA ITEM K - APPROVAL OF LIMOUSINE OWNER AND DRIVER LICENSE 2011 – ADEL SHALTOUT:  109 Pine Brook Road, Montville.

 

CONSENT AGENDA ITEM L – RESOLUTION AUTHORIZING THE RENEWAL OF JUNKYARD LICENSE TO GI AUTO SALVAGE CO., INC. – BLOCK 179, LOT 1:

 

WHEREAS, G.I. Auto Salvage Co., Inc., the owner of property known as 85 Old Bloomfield Avenue, has applied for the renewal of its junkyard license for 2011; and

 

            WHEREAS, the application of G.I. Auto Salvage Co., Inc. has been reviewed by the Land Use, Health, Police, and Fire Departments; and

 

            WHEREAS, the renewal of the license has been recommended; and

 

            WHEREAS, the Township Committee finds that the requirements of the Township of Montville Junkyard Ordinance have been complied with;

 

            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 G.I. Auto Salvage Co., Inc. shall be issued a junkyard license for the portion of its property where junkyard use is permitted pursuant to the Judgment of the Superior Court dated April 14, 2004, for the year 2011.

 

CONSENT AGENDA ITEM M – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO EN-TECH CORP. SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, En-Tech Corp. is the contractor for the 30” Interceptor Sewer Relining Project; and

            WHEREAS, Thomas Mazzaccaro, the Township Water and Sewer Director, has recommended that the 30” Interceptor Sewer Relining Project be accepted by the Township and that final payments be made; and

            WHEREAS, En-Tech Corp. is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

            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 accepts as final the 30” Interceptor Sewer Relining Project and releases to En-Tech Corp. final payment in full; and be it further

            RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from En-Tech Corp. in a form approved by the Township Attorney and 2) receipt of an Affidavit from En-Tech Corp. as to release of all claims and liens.

 

CONSENT AGENDA ITEM N – RESOLUTION TO CANCEL CAPITAL APPROPRIATION BALANCES OF COMPLETED PROJECTS:

 

WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

 

            WHEREAS, it is necessary to formally cancel said balances, so that the unexpended balances may be returned to each respective Capital improvement fund or credited to Surplus, and unused debt authorizations may be canceled;

 

            WHEREAS, the amount of $118,991 canceled from Ordinance 2002-28 Montville Museum and the amount of $206,241 canceled from Ordinance 01-0/03-47 were in error.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, that the following canceled amounts be amended to General Capital Appropriations as follows:

 

Ord. #           Date Auth.         Project Disc.                                CANCEL        TRANSFER  IN

01-20/03-47     05/08/01          Construction of  Roller

                                                Hockey at Camp Dawson

                                                Towaco Railroad Project               20,000

                                                Manchester Park                      

                                                                                               

2002-28           5/14/02            Montville Museum                                                       20,000

                                                Church Lane Bridge   

 

CONSENT AGENDA ITEM O – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Special meeting 03/16/11; Regular meetings 03/22/11; 04/12/11; and 04/26/11.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPROVING PLANS FOR THE PLAUSHA PARK WATER SYSTEM AND AUTHORIZING THE PREPARATION OF SPECIFICATIONS FOR BIDDING:

WHEREAS, the Township Committee has reviewed and approved of plans for the Plausha Park Water System Improvement Project; and

            WHEREAS, it will be necessary to solicit bids for this project.

            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 plans for the Plausha Park Water System Improvement Project are hereby approved and the appropriate municipal officials are hereby authorized to solicit specifications for bidding.

 

Motion:  Nielson.  Second:  Kostka.  Discussion:  Nielson asked about the grant money status.  Bastone stated the federal government still has not approved it.  It has been approved by the Freeholders and the revenue sharing committee.  The grant funds would be distributed the same way as the total allocation - 1/3 and 2/3.

 

All in favor.  Motion approved.

 

NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GC STEWART ASSOCIATES, INC. FOR SURVEY SERVICES:

 

WHEREAS, the Township of Montville is in need of survey services in connection with Block 156, Lot 30.02; and

            WHEREAS, GC Stewart Associates, Inc. prepared a survey for Block 156, Lot 30.02 in 2001, for the property acquisition by the Township; and

            WHEREAS, the solicitation of three quotes was not necessary due to the continuation of the project and the fact that no other feasible source for said quote could be obtained; and

            WHEREAS, the Township is seeking New Jersey Department of Environmental Protection – Green Acres reimbursement for Block 156, Lot 30.02; and

            WHEREAS, the survey must be updated to meet Green Acres requirements; and

            WHEREAS, the Township desires to award the contract for survey services to GC Stewart Associates, Inc. for services in the amount of $3,200, to be paid from the Open Space Trust Fund (Ord. 2010-07).

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the contract for survey services in connection with Block 156, Lot 30 shall be awarded to GC Stewart Associates, Inc. for services in the amount of $3,200.

 

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

 

NO. 3 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Nielson.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

 

NO. 4 – RESOLUTION AUTHORIZING DEVELOPER’S AGREEMENT WITH HOLIDAY MONTVILLE, LLC:  Block 52.03, Lot 19, 20, 21 – Vreeland Avenue.  Board of Adjustment Resolution.

 

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

 

NO. 5 – RESOLUTION (AMENDED) 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 $93,704.85, 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 $93,704.85; and

            BE IT FURTHER RESOLVED, that the cash shall be released as follows:

 

            Current cash guarantee amount posted                                            $19,296.84

            Less:   Amount to be transferred to engineering inspection fee

                        to cover deficiency                                                                  $  4,725.76

            Less:   Engineering inspection fee to be kept on account                      1,000.00

Less:   Amount to be transferred to escrow account to cover

                        deficiency                                                                                $     263.92

            Cash refund amount                                                                           $  2,895.51

 

            Reduced cash performance guarantee to remain posted                 $ 10,411.65

 

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

 

AUTHORIZATION TO GO OUT TO BID ON THE NEW ANIMAL SHELTER BUILDING:  Motion:  Nielson.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

 

DISCUSSION ITEMS:

 

NO. 5 – DEPARTMENTAL RESOURCES REVIEW:  Police.  Bastone discussed the responses to the requests for qualifications received from consultants for a Police Department review.  He received seven responses.  Bastone also distributed the Village of South Orange’s RFP, as they are going through the same thing.  Ultimately we want to put together a similar RFP.  We might want to use the RFQ process to select specific consulting firms. 

 

Braden asked is it possible to get a finished project showing the results of what we could expect to see?  Would be curious to see an example of an end project.  Bastone stated I am sure these companies would be happy to provide an end project.  We should look at the RFQ’s and narrow it down.

 

Township Committee agreed – go forward with this.  They are to send Mr. Bastone their 3 or 4 choices of the consultants, their input/questions, and let Mr. Bastone decide.  Also, they will take a look at the South Orange Village proposal to see what they like and don’t like about it.  Let Mr. Bastone know by Monday, August 22.

 

NO. 6 – CELL TOWER LEASE EXTENSION – 86 RIVER ROAD:  Bastone stated we have a proposal from Crown Castle requesting extending the lease.  His recommendation is that they extend the lease.  Crown Castle wants to extend it so they have the commitment of the co-locators.  We derive significant revenue from this tower.  Sandham asked if the revenue is comparable to other towns and what is the need?  Bastone will ask.  Discussion – the existing lease is to 2025.  They want the lease to 2045.  What is the rationale?  There is no pressing need to get this done tonight.  Sandham stated they should come to the meeting to answer questions.

 

COMMITTEE REPORTS:

 

Committeeman Gallopo reported the Historic Preservation Review Commission members have to take mandatory classes.  They pay out of pocket.  I don’t think a volunteer should have to pay to be on one of these committees.  Would like Mr. Bastone to see if we can reimburse them for 2011 class expenses. 

 

Paperless meetings – September is the hard close for all documents except closed session item materials to be hyperlinked to the agenda and to be put up on the website for the public.  September 13 everyone should have laptops, and we should not have anything in paper.

 

Township Committee – ok with linking minutes, Administrator’s reports, and all documents except closed session documents to the agenda.

 

Committeewoman Nielson – no report.

Committeeman Kostka – no report.

 

Committeeman Braden thanked the Township Committee for their thoughts, prayers, and gifts for his daughter’s accident. 

 

Chairman Sandham stated the fire department has sent us an e-mail they would like to have a meeting on the County dispatch.  They would like a separate meeting.  Bastone stated I have the County’s responses, and I am prepared to go over them with the Township Committee, the three fire departments, and the first aid squad.  Township Committee requested he provide the information to all the groups.  Schedule for September 27 meeting and let the four groups know.

 

Sandham stated he is getting a number of requests in from residents about potholes, mosquitoes, street lights, etc.  I brought this up a few years ago about an interactive website where someone can report a problem and it automatically goes to the appropriate department.  It then tracks responses, etc.  I think it is something we should look into.  I would ask the Technology Committee put it on their agenda.

 

Gallopo asked Mr. Bastone if when the Township Committee receives an e-mail from a resident, does it just go to the five of them or is he copied.  Bastone responded he is copied on it.

 

RESOLUTION NO. CES-061411B 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:  Changebridge Road sidewalks

 

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

 

At 11:20 p.m. – Closed Session.

 

Meeting adjourned at 11:30 p.m.  Motion:  Nielson.  Second:  Kostka.  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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