MTC Approved Minutes 11-09-11 Print E-mail

Montville Township Committee Regular Meeting

Wednesday, November 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

                        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

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk



1.      Litigation:  Coppola Court; Lake Valhalla Club

2.      Attorney-Client Privilege:  Retiree health benefits - health insurance waiver

3.      Personnel:  Administrator transition; CMFO

4.      Contract negotiations:  Blue Collar

5.      Attorney-client privilege:  Anticipated litigation

6.      Litigation:  Tax Appeal Block 1, Lot 11.24


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


At 6:30 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 led by Committeeman Braden.




Presentation of Proclamations by the Township Committee and Frank Warholic, Commander, VFW Post #5481:


Matthew Agnoli, Steven Albert, Andrew Bergen, Edward Bergen, Jason Crowell, Peter Deley, Richard DeSimone, Adam Doerr, Shea Ehntholt, Bryan Flanagan, Christopher Gamsby, James Granata, Michael Guarino, Robert Koetzner, Keith Nauer, Mark Peer, Robert Peer, Gary Salvano, Adrian Simone, Richard Tichenor, and Kyle Witty.


Chairman Sandham welcomed Adam Brewer, who will be appointed as Interim Township Administrator.  Our Administrator, Frank Bastone, is retiring.


PRESENTATIONMONTVILLE SOCCER ASSOCIATION TURF FIELD LIGHTING PROPOSAL:  Ken Young and John LoBasso present.  Bob Zoeller, Musco Lighting, also present.


Young stated soccer is looking for a commitment from the town to help fund the project.  Equipment cost if $129,000.  Installation is approximately $38,000 to $68,000.  They have the support of the Recreation Commission.


Bob Zoeller of Musco Lighting presented (PowerPoint):  Described fixtures.  Energy efficient.  25-year parts and labor guaranteed.  Controlled by wireless system.  Four 80-foot light poles.  Minimizing impact to neighbor and motorists.  Musco provides the support for the wireless system.  Multiple light levels to be able to reduce the impact on the neighbors.  Annual cost for lights – 85kw x 10 cents = $8.50 per hour for the whole field.  The demand charge varies.  Construction time – six weeks. 


Sandham stated in the past the Township Committee has participated in projects with groups when we need improvements.  I think the Township Committee would like to digest this for two weeks.  Agenda item for two weeks.


Young stated they would like to see the project to fruition by April 1.  Sandham asked if they do construction in the winter.  Zoeller replied actually that is preferred.






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


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






Presentation by Russell Lipari, Chairman, Planning Board; and Gary Lewis, Vice-Chairman, Planning Board.  They are also members of the Master Plan Subcommittee. 


Lipari stated it has been 28 months of work sessions and dozens of meetings, all of which were advertised and open to the public.  The Planning Board has been very sensitive to the issue of economic development.  The new ordinance was recommended unanimously by the Planning Board two weeks ago after a full public input session.  We respectfully request after our presentation that you introduce the ordinance so it can be referred back to the Planning Board for consistency review tomorrow evening.


Lewis stated Mr. Burgis, Township Planning Consultant, will be here for the public hearing.


PowerPoint presentation by Mr. Lewis:  The master plan was adopted last December.  Areas of the presentation:  Lake Valhalla, reorganization of ordinance, Changebridge Road corridor, Route 202, parking regulations, streamlined regulations, reduces variances.


Lake Valhalla – recommendation is to make it a lake recreation zone.  Currently it is a nonconforming use.  Limiting parking on the baseball field.


Streamlined the ordinance and removed inconsistencies.  Some sections, such as housing and historic preservation, remain the same as the existing ordinance.


Changebridge at Route 202 – proposes additional expanded uses.  I-2A district – expand to allow very small, limited retail shops.  Updating parking requirements.  Streamlined regulations for homeowner applications.  Proposing to relax deck requirements.  Revising impervious coverage schedule.  Simplified some regulations for our business community.  Sign regulations are much more user-friendly and have adjusted our parking standards.


The Planning Board feels very strongly that this ordinance needs to move as soon as possible. 

Time of decision rule – the town is no longer protected by the time of decision rule.    


Sandham stated we have said that we need to make the land use ordinances more user-friendly.


Committeeman Gallopo stated there are two choices – we can pass as a whole or we can look at it as individual ordinance changes.


Martin Murphy, Township Attorney, stated you always have the ability to pull something out and look at it separately as long as everyone agrees.  It will slow the process down, and we would run out of time for this year.


Gallopo stated I would rather make a correct decision than a decision that fits a timeline.  It is a 280-page document.  We only meet every two weeks.  It doesn’t give us a lot of time to digest as a committee. 


Sandham stated if it doesn’t pass by December 31, it would have to be reintroduced. 


Lewis stated this replaced the whole zoning ordinance – there is a general repealer that strikes out our entire zoning ordinance and replaces it.  To pull any pieces out would be very dangerous, as it would leave a hole in the ordinance.  I would love to answer any questions between now and the public hearing.


Nielson stated I know this document has been up on the website, and we, the Planning Board, have forwarded it to the various boards for comments.  I know Mr. Kostka made comments. 


Committeeman Kostka stated there are a couple of items I still have concerns over.  Some relate to Lake Valhalla.  If we are going to vote on it, we want to make sure it is right.  It is a significant document.  I have no issue with the committee.  I think they have done an outstanding job. 


Lewis stated the ordinance has the changes in the draft that you have. 


Gallopo stated there were changes that were made recently that indicates it is still being fine-tuned.  I just want to make the right decision.


Lipari stated the memo that you have – many of them are just technical adjustments.  This ordinance is for the good of the community.


Gallopo stated I believe the master plan is a move in the right direction.  Now it is in our hands to pass as an ordinance.  We want to make sure it is tight.


Township Committee agreed to schedule public hearing on November 22nd instead of December 13th.


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


Ask Mr. Burgis if he can attend on November 22nd.  Post notice on website.  Township Committee members to reach out to Mr. Lipari and Mr. Lewis to get clarifications.




NO. 1 – ADMINISTRATOR:  Adam Brewer, Management Specialist, reported he attended the Morris County MUA awards dinner on November 4.  Bayer Pharmaceuticals was awarded recognition for their initiatives in recycling activities.


Brewer reported a preconstruction meeting was held on November 8 for the new animal shelter.  They are scheduled to begin digging in the next two weeks.


Brewer reported proposals were received for the consultant for the Police Department.  There is a spreadsheet in your packet as to the prices.  The Township Committee needs to determine how they want to proceed from here.  Township Committee requested copies of the proposals.  Agenda item November 22.


NO. 2 – ATTORNEY:  No report.


NO. 3 – FINANCE:  Brewer reported on the revaluation.  E-mail from Robert Lowenfish, Director of Finance, dated 11/2/11:  35% of the residential properties have preliminary values.  99% of residential properties have been visited.  95% of commercial properties have been inspected.  75% of residential properties have been sketched and entered into the software program.  99% of all properties have been photographed.  Value letters will start going out the last week of November.


NO. 4 – ENGINEER:  No report.

NO. 5 – COMMITTEE REPORTS:  Sandham thanked all who voted yesterday.  Unfortunately, voter turnout keeps declining.  For those who did get out, and speaking for Mrs. Nielson also, thank you for your confidence in us to serve another three years.


Sandham stated we are seeking candidates for boards and commissions.  There is a form available from the Township Clerk.


Sandham stated Police Department – we received a grant from the NJ Division of Criminal Justice for body armor for $3,700.


Kostka asked what is the reasonable expectation for the projection of documents here.  Frank Bastone, Township Administrator, stated he will check on it.




NO. 1 – FLOOD MITIGATION SUBCOMMITTEE REPORT:  Deleted from final agenda.


NO. 2 – PLAUSHA PARK WATER MAIN PROJECT:  Brewer reported this is a process that began in November 2009.  The Township is in receipt of a letter from Glenn Marsnick, who is in attendance this evening.  On October 19, the Township opened bids for the project.  The original bond ordinance for Plausha Park had an appropriation of $750,000 for construction.  That was based on an original estimate that was established in February 2010.  The lowest bid received was $965,252, which is a difference of $215,000.  We have two options:  re-bid or seek to establish an additional appropriation.  Based on the recommendation of Mr. Mazzaccaro and Mr. Ryden, they don’t believe the bids would come in any lower, and their recommendation is to use surplus water utility funds to make up the difference.


Bill Ryden, Water & Sewer Consulting Engineer, stated the original estimate of $750,000 was a desktop estimate with no detailed plans at that point.  In August 2011, we had detailed plans, and I updated the estimate to $830,000.  At that time I was comfortable with the number.  I was surprised to see the number where it was and the low bids.  Thirteen bids were received.  $965,000 up to $1.7 million.  Given the conditions, that seems like a fair bid, and I don’t see any opportunity on a re-bid.


Kostka asked what engineering inspection $105,000 is and who gets that?  Ryden stated that is our design and inspection fees for the project.


Kostka asked so this is something our in-house engineers could not do?


Anthony Barile, Township Engineer, stated this is a specialized type of design that is better handled by a consulting firm.


Thomas Mazzaccaro, DPW/Water & Sewer Director, stated the inspections have to do with keeping the project costs under control.


Ryden stated the purpose of the inspections is so that we get the project we are paying for.  We keep detailed, daily reports.


Gallopo stated the original estimate in 2010 was $750,000.  Revised to $830,000 in July.  Low bid $965,000.  Our ordinance was based on your estimate.  The rest of the bids are double the original estimate.  I am concerned that when we pass an ordinance, how can we be so off? 


Ryden stated the first estimate was a generalized estimate.  Second estimate is what I considered the final estimate.  Range of bids – fortunately we get to take the low bid.  It is always that way. 


Mazzaccaro stated we are awarding another contract tonight.  Bids range all over the place.  Regarding the Plausha Park bid, he is comfortable with MSP Construction – the low bidder.  They are a good contractor. 


Sandham asked it is still 61 homes?  Mazzaccaro stated the ordinance is based on 61 homes.


Sandham stated you mentioned you could use water surplus.  Mazzaccaro stated yes, I spoke to Mr. Lowenfish.  That would be a separate ordinance.  Sandham stated in another memo you said water and sewer revenues were down compared to what we budgeted.  Is that going to affect this?  Mazzaccaro answered no. 


Nielson asked the area of discrepancy in the bids.  Ryden answered one of the big areas was the milling and paving.


Braden stated the final estimate in July 2011 was $830,000.  Was any of that for contingencies or cost overruns?  Ryden answered no.


Sandham asked the milling and paving – the whole road?  Mazzaccaro answered the whole road.  Sandham asked is that typical?  Mazzaccaro answered yes, it is typical.


Braden asked is it cheaper for us to do that in our own paving program through the co-op next spring?  Ryden stated it is possible based on the numbers now.  We would have to re-bid to take it out.


Kostka asked the cost difference.  Ryden stated you would take out $143,000 in milling and paving.


Barile spoke about contractor responsibility – he is a little concerned about splitting up contractors.  In this case, the contractor doing the trench and does the work that would ultimately have some settlement, would not be the one doing the paving.  I have a concern that we would be passing on a possible problem.


Mazzaccaro stated that is a concern.  The contractor is responsible for the project for one year after it is completed, and that includes paving.


Sandham stated we now have a big cost overrun, and that is a burden on the town.  Our responsibility is health and safety first, and we need to do something.  We are going to have to figure out how we are going to deal with it.


Nielson asked could you do a trench repair and not repave the entire road?  Mazzaccaro stated it is more than just a trench; it is also 61 water services.    


Kostka stated the water from Plausha Park – would that be of any value to the town?  Mazzaccaro answered no, the water quality is not of a sufficient quality to the town.


Sandham stated he would like to open it up to the public for the subject matter of Plausha Park.


Glenn Marsnick, Plausha Park Treasurer, stated he wanted to thank the Township Committee for all of their work on this.   Also, Frank Bastone, Tom Mazzaccaro, and Bill Ryden.  I have also been asked by the Plausha homeowners to come and express some concerns.  Distributed statement.  We recognize there has been a lot of work here.  We are asking you to take a look at some points that don’t sit well with the members.  Our Plausha families are being asked to contribute $9,836 each.  That is before any financing.  To the best of my knowledge, never before in this town has anyone been asked to pay such a high price.  100% of the families have committed to the project.  That is an unusual level.  These families also paid for some of the other projects that were started.  We think it is unfortunate that when it is our turn, we are being asked to pay such a high number.  Another sticking point for us – there are 11 families that are on our water main footprint, but they are not part of the Plausha system.  When the project is done, they will be able to hook up to Montville water for $3,460.  The project was awarded a community development block grant.  It was awarded because of the low and moderate status of the Plausha families.  We are not getting credit for that grant.  That is another point that does not sit well.  48% are retired or widowed – on fixed incomes.  A lot of them were born here.  Another benefit the town gets from this project is the ability to interconnect some of the other systems.  It also opens up the possibility of future homeowners to hook up to water.  We are also going to be faced with high costs to shut down our system.  We are asking you to take a look at some of these factors.  Take a look at the sharing agreement that was set up.  We would like you to possibly amend the sharing agreement.


Andy Becker, 9 Roome Road, Towaco, referred to the ordinance dated November 2010 – costs.  Showed chart.  Once the cost goes up over $950,000, the Plausha portion is capped at $600,000 either way.  Our 2/3 portion is $715,000 whether you subtract out the grant or not.  The benefit of 1/3 of the grant goes to the Township.  The full $80,000 benefit goes to the Township.  I understand this is what we agreed to, but at the time, there was a different set of facts.  The costs have gone up substantially.


The second point has to do with the 71 families.  Over 14% of the costs of what we are paying are for non-Plausha members getting water.


Sandham asked if the other projects were charged the standard connection fee.  Mazzaccaro stated they were charged the standard connection fee.


Sandham stated the ratepayers pay for the extensions, not the general taxpayers.  Are their 11 more families that will be put on this grid when it is done?  Mazzaccaro stated it is possible – I don’t know if it is 11 or 14 – Barney Road. 


Sandham asked and they would have to pay the standard connection fee?  Mazzaccaro replied that is correct. 


Bastone stated the original number that was put forth for this project was $873,000.  $750,000 for construction, $120,000 engineering, and 3,000 for permitting.  There are also soft costs - $27,000 – audit, legal requirements, etc.  This came to $900,000.  2/3 of that is the $600,000, which was the cap that was established in the ordinance.


Sandham stated the macro level issue is we are charging them for this project on a per house basis.  We are charging them more than we have historically charged other people when we have extended the system.


Discussion regarding 11 homes not in the Plausha system.  The grid passes the 11 homes, but they are not Plausha people.  They are not required to hook up.  Based on the current model, the 11 would pay the $3,460 if and when they connect.


Kostka asked what the town’s contribution was to similar projects. 


Mazzaccaro stated the information on Hillcrest, Woodhill, Pomona was out there when this project was being discussed.  The Township Committee and everybody had the information.  Most projects we did for water was to close grids.  That project came out of the Township Committee.  The Township Committee heard from the residents in that area and they approached the Municipal Utilities Authority.  The MUA agreed to install the water line on the basis that at least 40 homes out of the 70 connected.  Only 26 connected.  We had individual agreements with the homeowners that they must connect if the water went through.  That was the only project that we have ever run a water line without it benefiting the MUA.


Robert Koetzner, 17 Roome Road, Towaco, stated if they are going to dig a trench, patch the trench, let it settle, and then pave sometime later, wouldn’t that eliminate the liability?


Greg Krisak, 4 Redding Place, Towaco, stated there is the understanding that it will eventually be extended to Alpine.  Who is paying for that?


Mazzaccaro stated that extension was originally part of Phase 2.  That is not in the plan now.


Bob Filippo, 6 Roome Road, Towaco, stated he does not understand why we are being singled out and not just paying the connection fee.  You are asking each one of us to pay $6,500 more than anyone else ever paid in this town to get water.  You have guaranteed 61 customers just from us plus whoever else you pick up.  You will get our water payment every quarter.  I wish you would really consider this and re-look at it.


Henry Harper, 9 Forest Place, Towaco, stated it will be 100% participation – that has been established.  None of us will have water unless we make the connection.


Braden asked what percent of the residents do not have water available to them?


Mazzaccaro stated Pine Brook Road, Sunrise Way, and places way up north.


Chairman Sandham closed the public portion regarding Plausha Park.  Motion:  Nielson.  Second:  Kostka.  All in favor.  Motion approved.


Nielson asked what is the drop dead date to award the contract?  Bastone stated sixty days with an extension of thirty days with the consent of the contractor. 


Sandham stated surplus in the water utility funds – if we went to a connection fee for each homeowner it is $211,000.  There is still a shortfall of $850,000.  Could the water utility fund absorb the $850,000?  Or, the other alternative is to increase the amount of the bonding.


Bastone stated you have an assessment ordinance on the books right now. 


Murphy stated we will check with bond counsel, but I believe you can amend that because the assessment has not yet been done.


Sandham asked Mr. Brewer for an analysis of the project cost, cost of financing, future revenues, $600,000 water utility.  Two scenarios:  one based on $600,000.  One based on the per connection fee - $3,460 - basis.


Nielson stated the 11 homes that would potentially benefit – is there any mechanism that if each of those homes hooked up the costs could go back to the Plausha homeowners to offset some of their costs?  Mazzaccaro stated there is a precedent – Marotta water line.  For 10 or 15 years, anybody who connected to the water system, it went to the benefit of Marotta.


Township Committee to get the analysis of the scenarios and think about this for two weeks.


Braden stated if you take the paving out, the low bidder will not be the low bidder.  Is there a problem with that?  Murphy stated you probably can’t just take it out.  You would have to re-bid.


Sandham stated you could re-bid it as an alternate. 


Brewer stated you would like the analysis on the two different funding situations.  Is there anything else?  Township Committee – no.


Sandham stated agenda item for November 22.


NO. 3 – LOWE’S TRAFFIC:  Brewer stated on October 13 the Township’s subcommittee met with the NJDOT and Assemblymen DeCroce and Webber.


Bastone stated you have Mr. Barile’s e-mail dated October 20 which summarizes some of the suggestions and possible scenarios outlined by the DOT representatives at the meeting.


Barile stated the DOT is looking at traffic as a whole in that area.  They commented to us that we not dead end Maple Avenue and do other things such as reconnect Karen Road to New Maple.  That is not something the Township wants to pursue.  That road was dead ended a long time ago. 


Bumpout – intersection of Chapin Road and Bloomfield Avenue.  The State has major concerns about the bumpout.  They feel Bloomfield Avenue is a collector road.  The DOT is looking for a traffic study to be done.  The DOT was not aware that Lowe’s pulled out of the project.


Gallopo stated everyone at the meeting recognized whether we have a developer there or not, there is a major traffic issue.  We are trying to elevate this to a DOT project.


Bastone stated there are cost issues with a major traffic study, but it was a productive meeting.  It should be a partnership with the DOT and the developer.


Gallopo stated I think we re-engage DOT with Assemblyman DeCroce.


Chairman Sandham opened the public portion for the matter of Lowe’s Traffic.


Sylvia Walits, 16 Maple Avenue, Pine Brook, stated there are no sidewalks.  Just pave our street.  Have signs that say 25 MPH.  There are no bus stop signs.  Dangerous for the children waiting for the bus.  Close the park.


Jason Jones, 20 Maple Avenue, Pine Brook, stated we were told at the June 28 meeting that we would be noticed.  That didn’t happen.  I appreciate those of you that got back to me.  We have had police presence at times.  In recent weeks, we have had it at rush hour.  Whatever is put at GI Auto, you have to stop the frenzied traffic from Route 46 and Route 80.  We have asked for signs and speed bumps.  I would like a commitment from the Township Committee to curb the traffic and the speeding.  Would like a commitment to stop the flow of traffic from Route 46 and Route 80.  No matter what goes on at Lowe’s.  I would really like a commitment for our neighborhood.


Barbara Burke, 22 Maple Avenue, Pine Brook, stated if you are doing a traffic study, can you do it at rush hour when the children are waiting for the bus, etc.


Keith Olson, 3 Adamary Place, Pine Brook, stated I appreciate that the Township is looking into this.  There are ten kids waiting for the bus, and there is no place for them to stand.  There are other bus stops.  Cars are speeding at 50 MPH.  Dead-ending Maple Avenue needs to be taken into consideration.  Bloomfield Avenue really needs to be looked at.


Chairman Sandham closed the public portion regarding Lowe’s Traffic.  Motion:  Nielson.  Second:  Kostka.  All in favor.  Motion approved.


Gallopo stated this needs to be dealt with regardless of what goes in that spot. 


Bastone stated I think we should dead-end the north end of Maple Avenue. 


Sandham stated a former Planning Board member suggested making the streets one-way going south. 


Subcommittee to meet with the residents.  Timetable for a decision – January.


Braden stated in the meantime, send a note to our Police Department and ask them that they be more vigilant down there during rush hour and school bus periods.


NO. 4 – SAFE ROUTES TO SCHOOLS:  Brewer stated the Board of Education requested a number of areas be investigated for the installation of sidewalks.  The Township Committee requested that we provide cost estimates.


Barile stated these are very general cost estimates.  Changebridge Road from Church Lane to Route 202 northbound side $400,200.  Southbound side $446,300.  Passaic Valley Road from Changebridge Road to Fletcher Drive southbound side $102,000. 


Kostka asked do we have any estimate of how many people are going to walk from Route 202 to Lazar School?  Braden and Sandham will ask at the Board of Education subcommittee meeting tomorrow morning.


Pedestrian bridges – they still have to cross with no signalization?  Barile stated there is a crossing guard – by the park right across from the school - I believe. 


Township Committee – kickback to the subcommittee.


NO. 5 – ANNUAL REVIEW OF FEES:  Township Committee reviewed departmental memos regarding recommendations for changes in fees.


Kostka stated building and construction fees – it looks like it is a 10% increase across the board.  I think it is too excessive in this environment.  Recreation park facility fees – nonresidents – all of the park facility fees have been reduced significantly.  Mrs. Witty’s rationale was that is what Green Acres recommends.  That is the key operative word – recommends – that nonresident fees be double the resident fees.   I don’t have a problem leaving the fees the way they are.


Township Committee requested rational behind the increase in construction code fees.  Nonresident recreation facility use fees – leave alone.  Introduce ordinance next meeting.    




Dan Pagano, 11 Roome Road, Towaco, stated the land use ordinance is a 280-page document.  I would ask you to please slow down and consider what is in this document.


Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the recent power outages – I was getting a lot of updates through Nixle from surrounding towns, but nothing about Montville.


Chairman Sandham closed the public portion.  Motion:  Nielson.  Second:  Kostka.  All in favor.  Motion approved.




NO. 6 – TOWNSHIP OMBUDSMAN:  Brewer stated the Economic Development Committee recommended an ombudsman to work with members of the public and those seeking to do development projects. 


Sandham stated volunteer position.  Braden asked did they have a list of potential volunteers?  Sandham answered no. 


Nielson stated with all due respect, I think it is a good idea, but I don’t think the time is now.  The Land Use Review Committee is streamlining procedures, etc.  The new ordinance is streamlining procedures.  What would be the hours, training, etc?


Gallopo stated it sounds like it is a role for someone in Land Use.  Would like to kick it back to the EDC to not have it a volunteer position.  It needs to be refined. 

Brewer indicated that Meghan Hunscher has done a great job and there is a focus on customer service in the department.


Nielson stated we should get the Land Use Review Committee’s comments as well.  Can we get a timeframe for their recommendation?  Braden will find out.


Sandham stated he will go back to the EDC and tell them we want to see the recommendation from the LURC first.


Barile stated he would like to know how far complaints go back.  It may be things that have already been addressed.


RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA19:  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.




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 Woodshire Terrace              Soil Stabilization          $500.          6-11          H. & R. Beron

B. 82.03, L. 21                                                                                                 8 Woodshire Terrace



19 Gunther’s View                   Driveway                     $2,950.       1-11          D. Singhal

B. 109, L. 30.14                       Soil Stabilization          $1,950.       1-11          19 Gunther’s View



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


CONSENT AGENDA ITEM B -  RESOLUTION RELEASING LAKE VALHALLA CLUB – BLOCKS 11, 20 & 21, LOTS 29 & 1 – FROM PERFORMANCE GUARANTEE:  Cash in the amounts of $4,800.00 and $15,200.00. 




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 34 Lot 2

45 Taylortown Road

Premium Money                                                                                  $ 5,100.00

Lien Redemption Certificate #11-00001                                             $ 7,747.21

Total Payment                                                                                     $12,847.21

To:       US Bank Cust/Pro Capital I, LLC


Block 51 Lot 21

91 Route 202

Premium Money                                                                                  $12,500.00

Lien Redemption Certificate #11-00004                                             $  2,824.76

Total Payment                                                                                     $15,324.76

To:       US Bank Cust/Crestar Capital LLC

Block 122 Lot 12

190 Pine Brook Road

Premium Money                                                                                  $   100.00

Lien Redemption Certificate #11-00019                                             $   185.17

Total Payment                                                                                     $   285.17

To:       Ralph Lopez




            WHEREAS, Certificate of Sale #11-00006 was issued to Montville Township for delinquent taxes on Block 52 Lot 33 Qualifier C110O (109 Revere Court), at a tax sale held on October 04, 2011; and


            WHEREAS, the assessed owner, Grant, Daniel & Patricia A., has redeemed Certificate #11-00006 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 #11-00006 for cancellation.




WHEREAS, the Township of Montville periodically comes into possession of abandoned bicycles; and


            WHEREAS, if no one comes forward to claim these bicycles they are deemed by law to be “abandoned” and must be disposed of by the Township; and


WHEREAS, the cost to auction the abandoned bicycles would exceed the amount received at auction; and


WHEREAS, the Township Committee finds that it is in the public interest to  donate the abandoned bicycles to the organization “Pedals for Progress” which is a not for profit charitable organization recognized by the Internal Revenue Service which repairs and utilizes the bicycles for charitable purposes.


            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville that the Police Department is hereby authorized to effectuate the donation of any abandoned bicycles which lawfully come into the possession of the Township of Montville.  The donation shall be made to the organization “Pedals for Progress.” This authorization shall apply until further notice.




WHEREAS, Revised General Ordinance Chapter 342 requires the issuance of a license by the Township of Montville for Limousine Owner and Driver Licenses; and


WHEREAS, Sangita Sharma has filed applications and all necessary fees for a limousine owner’s license and a limousine driver’s license for the year 2011 to license the following:


Owner’s license:         Sangita Sharma, 1409 Rachel Terrace, Pine Brook

One Lincoln Town Car – seating capacity – four

Parking location – same


                        Driver’s license:          Sangita Sharma, 1409 Rachel Terrace, Pine Brook


; and


WHEREAS, the applications filed by Sangita Sharma conform to the requirements of the Township Ordinance and the Police Department has approved the application;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, that a limousine owner’s and limousine driver’s license be issued to Sangita Sharma for the year 2011.




WHEREAS, the Township of Montville agreed to reimburse the Commissioners of Fire District No. 1 for certain expenses related the demolition and asbestos abatement at the building owned by the Township at 86 River Road and leased to the Fire District; and

            WHEREAS, subsequently the Township agreed to reimburse the Commissioners of Fire District No. 1 for certain expenses related to the design and construction of a new truss roof at the building; and

            WHEREAS, a dispute has arisen concerning the amount of reimbursement due and owing to the Commissioners of Fire District No. 1; and

            WHEREAS, the Township authorized payment of $132,962.00 by resolution dated September 27, 2011, and the fire district has agreed to resolve the dispute for an additional payment of $42,990.00 as originally set forth in their correspondence dated September 8, 2011; and

            WHEREAS, the Township Committee finds that it would be in the best interest of the Township to make the additional payment of $42,990.00 to resolve all issues concerning the 86 River Road construction project with the Fire District.

            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 an additional amount of $42,990.00 shall be paid to the Commissioners of Fire District No. 1 in addition to the previously authorized payment of $132,962.00 in full and final satisfaction of all claims concerning the 86 River Road construction project.




WHEREAS, the Township of Montville submitted a written proposal to the Community Development Revenue Sharing Committee in the County of Morris to perform services in connection with the Plausha Park Water System project; and

            WHEREAS, as a condition of obtaining this grant in the amount of $80,000.00, the Township of Montville is required to enter into an agreement with The Morris County Board of Chosen Freeholders.

            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 enter into a Community Development Block Grant Agreement for the Plausha Park Water System Project between The Morris County Board of Chosen Freeholders and the Township of Montville in the form attached hereto.






            WHEREAS, bids were received on October 25, 2011 for janitorial services 2012; and

            WHEREAS, the lowest responsible bid of $3,200.00 per month was received from Maverick Building Services; and

            WHEREAS, the amount of the bid is within the established budget for the project and the Township Public Works Director has recommended the award to Maverick Building Services.

            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 Maverick Building Services shall be awarded the Contract for janitorial services in the amount of $3,200.00 per month.


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




WHEREAS, bids were received on October 25, 2011 for electrical contractor services water & sewer utilities; and

            WHEREAS, the lowest responsible bid of $83.71 per hour was received from Edward J. Albert & Son, Inc.; and

            WHEREAS, the amount of the bid is within the established budget for the project and the Township Public Works Director has recommended the award to Edward J. Albert & Son, Inc.

            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 Edward J. Albert & Son, Inc. shall be awarded the Contract for electrical contractor services water & sewer utilities in the amount of $83.71 per hour.


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




WHEREAS, 15 bids were received on November 2, 2011 for the David Drive, Joan Drive, Gregory Drive sanitary sewer project; and

            WHEREAS, the lowest responsible bid of $287,448.00 was received from MSP Construction Corp.; and

            WHEREAS, the amount of the bid is within the established budget for the project and the Township Water & Sewer Consulting Engineer has recommended the award to MSP Construction Corp.

            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 MSP Construction Corp. shall be awarded the Contract for the David Drive, Joan Drive, Gregory Drive sanitary sewer project in the amount of $287,448.00.


Motion:  Gallopo.  Second:  Nielson.  Discussion:  Nielson stated this project came in $61,000 under the budgeted amount.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.


NO. 4 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Gallopo.  Second:  Kostka.  Roll call vote - Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.




WHEREAS, there appears to be insufficient funds in the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2011


                        Fleet O/E                                             $10,540

                        Facilities O/E                                      $  3,670

                        Utilities                                                 $14,975

                        BOA O/E                                             $     365

                        Health O/E                                          $  4,100

                        Dog Fund O/E                                     $10,000

                        Dial-A-Ride O/E                                  $  1,050

                        Police O/E                                           $  1,045          


            WHEREAS,     there appears to be a surplus in the following accounts, (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the year, 2011


                        Public Emergency Assistance           $  2,000

                        Solid Waste O/E                                 $43,745


            NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands, and


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


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




Committeeman Gallopo stated Residents’ with Disabilities Advisory Committee met earlier this week.  They would like to revisit the Masar Park grant application with Mr. Brewer.


Gallopo stated JCP&L communication issues.  If there is any collaboration at the County level – and if there isn’t – maybe we can call the County.


Honeywell alert system – would like to see us follow through on that.


Would like to see the audio recordings available on our website. 


Reappraisal status - % of homes visited.  How many of them were actually appraised?


Committeewoman Nielson stated communication in times of emergency.  I would volunteer to work with Mr. Brewer and/or the emergency response coordinator to get ideas for communication – Honeywell, etc.  Township Committee – ok.


Response from JCP&L – concerns – perhaps JCP&L can have someone come here for a forum so they can hear the issues and get some commitment from them going forward.  Changes have to be made.  Could we have the administrative folks look into to see the best course of action?


Nielson stated debris – the large branches – I know what the policy is.  Residents want their branches chipped.  Other towns are apparently chipping.


Bastone stated the declaration has not been made for FEMA funding assistance.  That is critical. 


Committeeman Kostka – no report.


Committeeman Braden stated the Library Board ordered an electronic sign. 


Braden stated Mrs. Witty has received a letter from the high school athletic director for requesting expanded field use.  Mr. Peer is retiring.  He is our field maintenance guy.  What is our plan of succession?  Mr. Brewer and/or Mr. Bastone will talk to Tom Mazzaccaro. 


Chairman Sandham stated there is a Board of Education subcommittee meeting tomorrow morning.


Sandham stated the Economic Development Committee proposed a meeting on December 1 with the Township businesses, 8:30 a.m. to 10 a.m.  I sent it out to the Township Committee and got no response.  The surveys are starting to come back.  I think it would be a good outreach.


Nielson stated the Planning Board would like to be involved as well.  The suggestion was to hold off until the ordinances were adopted to present them to the businesses.  This was discussed with Mr. Cain and he agreed.  It is a good idea, but not yet.


Sandham stated this was an extended meet and greet.  How does the rest of the Township Committee feel?


Poll of Township Committee to hold meeting on December 1 with businesses:  Nielson, no; Kostka, yes; Braden, yes; Gallopo, yes; Sandham, yes.


Braden stated schedule it, and if you have a low turnout RSVP, then reschedule it.


Meeting adjourned at 12:15 a.m.  Motion:  Kostka.  Second:  Gallopo.  All in favor.  Motion approved.


Respectfully submitted,




Gertrude H. Atkinson, Township Clerk

Approved February 14, 2012

Montville Township Committee




James Sandham, Jr., Mayor


Last Updated ( Wednesday, 15 February 2012 )
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