MTC Meeting Minutes 09-27-11 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, September 27, 2011, 7:00 p.m.

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


7:00 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman James Sandham, Jr.


Roll call Township Committee:


Present:          Committeeman Tim Braden

                        Committeeman Don Kostka

                        Committeewoman Deb Nielson

                        Chairman James Sandham, Jr.


Absent:            Committeeman Scott Gallopo (excused)


Also present:   Frank Bastone, Township Administrator

                        Adam Brewer, Management Specialist

                        Robert Lowenfish, Director of Finance

                        Anthony Barile, Township Engineer

                        Thomas Mazzaccaro, DPW/Water & Sewer Director

                        Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk


RESOLUTION NO. CES-092711 PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12: 

1.      Contract negotiations: 86 River Road

2.      Litigation:  Stefanelli; and Owl Contracting

3.      Litigation – Tax Appeal:  Block 18, Lot 18

4.      Personnel


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


At 7:00 p.m. – Closed Session.  At 8:00 p.m. – Public Session.


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


Prayer and Pledge of Allegiance led by Committeewoman Nielson.


PRESENTATIONS: 


NO. 1 – COPPOLA COURT:  Applicant requested postponement to next meeting.


ORDINANCE INTRODUCTIONS:


NO. 1 – ORDINANCE NO. 2011-24 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $5,500.00:  Glenview Woods/Bonnieview environmental.


Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 11, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Braden.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, absent; Nielson, yes; Sandham, yes.  Motion approved.


NO. 2 – BOND ORDINANCE NO. 2011-25 PROVIDING FOR IMPROVEMENTS TO THE ROOF AT THE BOARD OF EDUCATION AND FIRE HOUSE BUILDING IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $100,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $95,000 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 October 11, 2011, at 8 p.m.  Motion:  Nielson.  Second:  Kostka.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, absent; Nielson, yes; Sandham, yes.  Motion approved.


RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA16:  Delete Item F.  Motion:  Nielson.  Second:  Kostka.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, absent; Nielson, yes; Sandham, yes – except abstain on Items C and D.  Resolution adopted.


CONSENT AGENDA ITEM A - RESOLUTION AUTHORIZING TAX REFUND 2010 & 2011:  Duplicate payments.  Block 39.09, Lot 12.20.  Total $694.28.


CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE TOWNSHIP ADMINISTRATOR OR HIS DESIGNEE TO ATTEND THE TAX SALE IN ORDER TO PROTECT THE TOWNSHIP’S INTEREST IN PROPERTY SUBJECT TO AFFORDABLE HOUSING RESTRICTIONS:


            WHEREAS, the Township has adopted a policy to acquire tax sale certificates on properties which are subject to affordable housing restrictions in order to protect the Township’s interest in the preservation of these restrictions; and

            WHEREAS, the Tax Collector has advised the Township Committee that there are several properties on the current tax sale list which are subject to affordable housing restrictions.

            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 Administrator or his designee will attend the tax sale and will bid on behalf of the Township on any affordable housing restricted property, if necessary, in order to obtain the certificate.


CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – HOLIDAY AT MONTVILLE – BLOCK 52.03, LOTS 19, 21 & 22 - 29 VREELAND AVENUE:  Offsite improvements cash $40,851.60; and restoration bond cash $25,000.00.


CONSENT AGENDA ITEM D – RESOLUTION RELEASING GPF HOMES – BLOCK 100.01, LOT 8 – APPLE CREEK, 4 BERLIN LANE – FROM PERFORMANCE GUARANTEE:  Cash $1,200.00.


CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE REFUND OF BUILDING PERMIT FEES TO MCM LLC FOR 21 HIGHLAND AVENUE:


            WHEREAS, building permit fees were paid for the issuance of building permits (boiler) for property located at 21 Highland Avenue, Montville, New Jersey; and

            WHEREAS, the property owner subsequently cancelled the contract with the contractor (MCM LLC); and

            WHEREAS, MCM LLC has requested a refund; and

            WHEREAS, the Construction Official has recommended a refund in the amount of $148.00.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the building permit fees submitted by MCM LLC for property located at 21 Highland Avenue, Montville, New Jersey, shall be refunded in the amount of $148.00.

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


CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL TO RENEW MEMBERSHIP THEREIN FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2016:


            WHEREAS,  the Morris County cooperative Pricing Council (“MCCPC”) was created in 1974 to conduct a voluntary cooperative pricing system with municipalities, boards of education, and other public bodies located in the County of Morris and adjoining counties; and

            WHEREAS, the purpose of the MCCPC is to provide substantial savings on various goods and services to its members through the cooperative public bidding process; and

            WHEREAS, the Township of Montville desires to enter into an Agreement with the MCCPC, which is administered by Randolph Township as Lead Agency to renew its membership in the MCCPC for the period of October 1, 2011 through September 30, 2016.

            BE IT RESOLVED, by the Township of Montville, County of Morris, State of New Jersey as follows:

1. The Township Committee of the Township of Montville hereby authorizes the execution of an Agreement with the Morris County Cooperative Pricing Council by the Township of Randolph as the Lead Agency dated October 1, 2001 pursuant to N.J.S.A. 40A:11-11(5).  Said Agreement is for renewal of membership in the MCCPC for a five (5) year period from October 1, 2011 through September 30, 2016.


            2. The Township of Montville Clerk is hereby directed to submit a copy of this adopted Resolution, along with an executed Agreement, to Randolph Township as Lead Agency of the MCCPC.


            3. This Resolution shall take effect immediately upon final passage according to law.


            4. All appropriate Township of Montville officials are authorized and directed to perform all required acts to affect the purpose of this Resolution.


CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING AMENDMENT TO STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES PROJECT AGREEMENT:


            WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and


            WHEREAS, the Township of Montville had previously obtained a grant of $3,100,000 from the State to fund the following project(s): Montville Open Space Acquisitions; and


            WHEREAS, the State and the Township of Montville intends to increase Green Acres funding; and


            WHEREAS, the applicant is willing to use the State’s funds in accordance with its rules, regulations and applicable statutes, and is willing to enter into an Amendment of the Agreement with the State for the above-named project;


            NOW, THEREFORE, BE IT RESOLVED by the Montville Township Committee


1.         That James Sandham, Jr. or the successor to the office of Mayor is hereby authorized to execute an Amendment to the Agreement increasing funding to $3,550,000; and

2.         That the applicant has its matching share of the project, if a match is required, in the amount of $3,550,000.

3.         That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4.         The applicant agrees to comply with all applicable federal, state, and local laws, rules and regulations in its performance of the project.

5.         That this resolution shall take effect immediately.


CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE DISMISSAL OF THE COMPLAINT AND EXECUTION OF A RELEASE IN THE TOWNSHIP OF MONTVILLE V. KELLY EXCAVATING AND PAVING D/B/A OWL CONTRACTING LITIGATION:


            WHEREAS, the Township of Montville filed a Complaint captioned “Township of Montville v. Kelly Excavating and Paving, Inc. d/b/a/Owl Contracting and American Fire and Casualty, a domestic corporation of the State of Ohio duly      authorized to do business in the State of New Jersey” under Docket No. MRS-L 1597-11 in the Superior Court of New Jersey, Morris County, Law Division; and

            WHEREAS, American Fire and Casualty has agreed to pay the Township claim in full in exchange for the dismissal of the complaint and a Release and Assignment of Claims.

            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 Dismissal of the complaint and a Release and Assignment of Claims in the above-referenced Complaint.


CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING PAYMENT TO THE COMMISSIONERS OF FIRE DISTRICT NO. 1 IN CONNECTION WITH THE RIVER ROAD CONSTRUCTION PROJECT:


            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 is willing to make payment of the undisputed amount it agrees is due and owing in the amount of an additional $16,627.00 for demolition and asbestos removal and $116,335.00 for design and construction of the truss roof recognizing that the Commissioners of Fire District No. 1 take the position that they are entitled to additional sums.

            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 amount of $132,962.00 ($16,627.00 for demolition and asbestos removal and $116,335.00 for design and construction of the truss roof) shall be paid to the Commissioners of Fire District No. 1 as the undisputed portion of reimbursement due under the agreements pertaining to the 86 River Road building.


CONSENT AGENDA ITEM F (REMOVED FROM CONSENT AGENDA) – RESOLUTION ACCEPTING A CONVEYANCE FROM N REALTY INVESTORS, INC. – PORTION OF BLOCK 39, LOT 63:


            WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire property; and

            WHEREAS, N Realty Investors, Inc., has agreed to convey Deeds over a portion of Block 39, Lot 63 (Laurel Green) to the Township of Montville as a condition of development approval; and

            WHEREAS, N Realty Investors, Inc. has executed Deeds and have presented same to the Township for acceptance.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following conveyances from N Realty Investors, Inc. to the Township of Montville are hereby accepted:


            Conservation Easement

            Grant of Drainage Easements

            Deed of Dedication for road (lot 63 portion of)

            Deed of Dedication for detention pond (lot 63.04)

            Drainage Easement through lots 63.01 and 63.02 Block 39

            Drainage Easement through lots 63.02 and 63.03 Block 39

            Drainage Easement through lot 63.01 Block 39


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


RESOLUTIONS:


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


DISCUSSION ITEMS:


NO. 1 – CONSERVATION EASEMENTS:  5 Twins Court.  Anthony and Teresa Palmisano and their Attorney, Kurt Senesky, present.  Approve request subject to Township Engineer’s report.


RESOLUTION AUTHORIZING AN ENCROACHMENT ON A CONSERVATION EASEMENT OVER BLOCK 39, LOT 63.03 – 5 TWINS COURT:


            WHEREAS, the Township of Montville has a fifteen foot wide Conservation Easement along the rear portion of property known as Block 39, Lot 63.03, also known as 5 Twins Court; and

            WHEREAS, the Conservation Easement of varying width in the side yard was required by the Planning Board due to the existence of two isolated wetlands of ordinary value in that area; and

            WHEREAS, a Stream Encroachment Line was delineated across the side yard of the property to mark the limit of the floodway associated with a small stream located along the side property line and this delineation was approved by the New Jersey Department of Environmental Protection through their Stream Encroachment Stream process; and

            WHEREAS, the contract purchasers of this property, Anthony and Teresa Palmisano, have requested that the Township permit them to maintain a lawn over the Conservation Easement and also wish to fence in their property to include the Conservation Easement as well as plant trees, shrubs, and a vegetable/flower garden within the Easement and place a swing set on the property; and

            WHEREAS, this request was reviewed by the Township Engineer who recommended approval of the Palmisano’s request because no environmental constraints are associated with the rear portion of the Easement and the side portion was required only because of two small isolated wetland areas.


Motion:  Braden.  Second:  Nielson.  Discussion:  Nielson asked since this was an approved subdivision by the Planning Board do the residents need to be notified as to this conservation easement?


Martin Murphy, Township Attorney, answered no, we have the ability to approve this.  We are under no obligation to notify property owners.  The easement runs to the municipality.  Nielson stated going forward I am not sure I agree that we shouldn’t notify the adjoining property owners.


Murphy stated what is being asked is not to change the conservation easement, but to allow certain activities on it.  Nielson stated in general, if the public hearing at the Planning Board level on the  conservation easement included no activity, and now you are putting activities on it – it may be different. 


Barile stated this appears to be isolated wetlands and there is no buffer involved.  The jurisdiction for these wetlands only extends to the confines of this property and this easement. 


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


PRESENTATIONS:


NO. 2 – MBSA – MANCHESTER PARK BALL FIELD REHABILITATION:  Present:  Scott VanKoppen, 14 Bogert Road, Pine Brook, President MBSA; and Tim Holmes, Treasurer, 15 Old Jacksonville Road, Towaco.


VanKoppen presented.  The program continues to grow.  Regarding Manchester Park, they have met with the Recreation Commission.  They have some commitments from the Michelle Fund and the MBSA to help fund the project.  They would like to rehabilitate the ball field at Manchester Park with the help of the Township Engineer and the DPW.  Previously submitted diagram.  They would like to take the existing ball field and rehabilitate it – new clay, new backstops. 


Would also like to rename the field the Michelle Sullivan Field.  The Michelle Fund has submitted significant funds to the Valley View and Hilldale projects, and they have committed to this project also. 


They have looked into improving the parking area.  They would install a sign at the entrance.  They have spoken to Tom Mazzaccaro and he has staff available to help with the parking improvements.  There will be no lighting.  They anticipate the younger kids using it – up to 12 years old.


Sandham stated it came up at the Open Space Committee that there is a ball field off of Indian Lane.  It is extremely overgrown.


Holmes stated they are trying to find that.   We are going to walk it with Mrs. Witty to locate it.


Township Committee – ok with improvements to Manchester ball field and renaming the field.


REPORTS:


ADMINISTRATOR:  Bastone reported they are going to be removing debris from the flood areas through the end of October.  This came up – does that also include construction debris once they begin actual construction?  My recollection is that it did not.  Township Committee agreed – most of it will go in regular garbage.  No special collections.


Discussion street sweeping.  Thomas Mazzaccaro, W&S/DPW Director, stated the DPW has been picking up the debris.  Street sweeping has been done.  He will take a look at the area to see if more street sweeping needs to be done.


ATTORNEY:  No report.


FINANCE:  Robert Lowenfish, Director of Finance, reported they have been notified by Moody’s that they are doing a credit review.  We have been working with the Auditors on the questions.  We have a telephone conference on October 5.  We have an AA1 under Moody’s.  This is a periodic review.  We have AAA with Standard and Poor’s.


ENGINEER:  Anthony Barile, Township Engineer, reported they are continuing to work on the design for the improvement of Dogwood Circle.  There is a tentative meeting with the residents October 20 if any of the Township Committee would like to attend. 


Road resurfacing program – DPW has identified three roads that can be done this Fall - Indian Hill Road, Benefly Road, and a portion of Bellows Lane.  Will send those roads to the co-op paving company, and we will go out to bid at the end of Winter for a Spring job for the remainder of the roads.


DISCUSSION ITEMS:


NO. 1 – CONSERVATION EASEMENTS:  8 Woodshire Terrace.  Herbert Beron, owner, present.  Pool patio encroached the conservation easement.  Requesting relief.  Subdivision approval approximately 1995. 


RESOLUTION AUTHORIZING AN ENCROACHMENT ON A CONSERVATION EASEMENT AT 8 WOODSHIRE TERRACE:


            WHEREAS, the Township of Montville holds a Conservation Easement over a portion of Block 82.03, Lot 21, also known as 8 Woodshire Terrace, Towaco; and

            WHEREAS, a twenty-five foot wide Drainage Easement exists along the rear of that property and the ten foot wide Conservation Easement exists adjacent to the Drainage Easement along the rear of the property as required by the Planning Board for buffer purposes; and

            WHEREAS, as part of the construction of an in-ground pool, a patio was constructed adjacent to the pool which extended the full width of the Conservation Easement; and

            WHEREAS, the Township Engineer has advised the Township Committee that the patio, as constructed, violates the Conservation Easement, but does not raise any environmental issues; and

            WHEREAS, Herbert A. Beron, the property owner, has requested that the Township Committee approve an encroachment in the Conservation Easement for the purpose of the patio.

            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 patio encroaching upon the ten foot wide Conservation Easement on Block 82.03, Lot 21, also known as 8 Woodshire Terrace, Towaco, is hereby approved and may be maintained.


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


NO. 2 – RESERVOIR REGULATIONS:  Bastone recommended establishing a subcommittee to work with other municipalities to advocate a policy with the Governor’s office to handle reservoirs and bodies of water in New Jersey.  There is not a standard operating procedure and protocol for these bodies of water when there is eminent danger or a hurricane, and we should approach the State so there is a procedure to address these issues.  Subcommittee established:  Committeeman Gallopo and Committeewoman Nielson.  Sandham requested any recommendations be submitted to the subcommittee members.


NO. 3 – DEPARTMENTAL RESOURCE REVIEW:  Bastone stated the discussion of the police department has evolved into the need for a professional consultant to possibly look at the situation.  We received seven responses to our request for qualifications.  The goal this evening is to finalize the request for proposals to be sent out to the consultants who responded to the request for qualifications.  I have incorporated the Township Committee’s comments on the South Orange RFP into one comprehensive document so you can see what has been changed, etc., and I have provided you with a final document without all of the edits.  There are also a few questions listed in the document.  The other goal is to determine which consultants we want to send the RFP to.  You also have Chief Cook’s memo with his concerns about the RFP.

Township Committee decided on the following:  Make review of facilities, equipment, and vehicles alternate bid items.  Town-wide police protection risk analysis – keep in the base proposal – no timeframe.  Section 5.6 – responsiveness to community – include as an alternate bid item.


Selection of consultants to send RFP out to:  Bastone recommended picking four of them to make it manageable to work with.  Township Committee to send Mr. Bastone their rankings by Friday.  He will then pick four or five of them. 


Deliver report within ninety days – no later than March 10 - after award of contract.  Bastone to provide Township Committee with final version of RFP.


NO. 4 – HEALTH INSURANCE ALTERNATIVE PLANS:  Lowenfish reported under Chapter 78, the State has required that we offer high deductible plans along with health savings accounts for our employees.  The insurance fund we belong to has designed and recommended two plans.  Distributed.  Lower cost to our employees and to us.  Each year there will be more participation in them.


RESOLUTION APPROVING OF ALTERNATE HEALTH INSURANCE PLANS:


            WHEREAS, the North Jersey Municipal Employees Benefits Fund (HIF) is developing two alternative health insurance plans for the 2012 open enrollment period; and

            WHEREAS, the Township Finance Director, Robert Lowenfish, has recommended that the Township offer the two alternate health insurance plans to Township employees for 2012; and

            WHEREAS, these alternate plans will give employees who are contributing an opportunity to reduce their premium contribution and will also provide a savings to the Township.

            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 Committee hereby approves of offering two alternate health insurance plans under the Township’s health insurance coverage through the North Jersey Municipal Employees Benefits Fund (HIF) starting in the 2012 calendar year.


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


PUBLIC PORTION:


Heddy Belman, 21 Lancaster Avenue, Pine Brook, spoke about the reservoir regulations.  Can it be worked out so you wouldn’t have to wait for the emergency?  There was a lot that United Water could have done.  Sandham stated we will be doing more review of processes and procedures to see if DEP can ask them to do more up front as well.


Bastone stated what we talked about tonight is to try to implement preventative measures.


James Whalen, 23 Normandy Road, Pine Brook, stated Normandy Road has not seen a street sweeper in 2½ years.  I still have water in my backyard from Hatfield Creek.  Is someone going to clean out Hatfield Creek?  Barile stated the State has regulations that preclude massive dredging of the creek.  The permit that exists allows us to do very minimal things.


Whalen referred to the letter he received regarding a FEMA program.  Bastone stated that is a completely separate program.  We took the map and identified every home that is in the flood hazard area.  The program provides either to buy your house out and demolish it or to elevate the foundation to the point where the first floor wouldn’t be flooded.  We are asking people if they are interested.  We will submit those names to FEMA.


Whelan stated you installed a storm drain at the end of Konner.  It has cleaned out Hatfield Creek above Lancaster.  It is sending the water back into the basin.  But you can’t clean out the basin.  Does that make sense?


Nielson stated our Engineer has contacted the State to find ways to expedite permitting and relax regulations so we can get in there to dredge, clean, widen.  Perhaps we can fashion it in a way so that this would be an emergency to get it done sooner.  We need to step up our petitioning all the way up to the Governor’s office.


Sandham stated the Governor gave some executive orders allowing work to be done and filing for permits later.  Can we take a look at a couple of places where with a reasonable amount of effort we can make a significant impact along Hatfield Creek and the basin?  Barile stated the emergencies measures that have been implemented allow people to go into streams to remove obstacles that are causing an immediate problem – trees, large debris.  That does not include dredging and removing silt.  They did tell me they are proposing new regulations that may come out this Winter or Spring that will increase the amount of work that municipalities can do in streams than is permitted now.


Nielson stated the subcommittee should look at this.  Perhaps we can find a way that this is an emergency.  Sandham stated I would ask the subcommittee to also take a look at the storm drain issue.  A handful of residents have said they did not have problems before the storm drains were installed.


Barbara Hertz, Glenview Road, Towaco, stated we have a conservation easement as the result of a subdivision on Glenview Road.  The conservation easement is on a wetland area that abuts my property.  The neighbors who built the houses have extended a fence into the 100’ buffer.  I have brought this to the attention of the Land Use Department and he said he would get back to me.  That was a month ago.  There is also a problem with drainage there.  The fence there makes access to the area impossible.  Barile stated the conservation area is on individual lots – it is to the Township.  It is not there for the use of the surrounding neighbors. 


Hertz stated it was designated for use by all residents within 200’.  That is how it was put on the books at the Planning Board.  Barile stated that was not his understanding.  He will take a look at it.


Hertz stated they have filled in and bermed along the fence in the conservation easement also to cause the water to run down.  Sandham stated Mr. Barile will take a look at both issues.  Nielson requested a report on what the subdivision specified to clarify it.  Sandham requested a report back at the next Township Committee meeting.


Janet Parodi, 19 Lancaster Avenue, Pine Brook, asked if the subcommittee can look into if there is any way the reservoir can be reclassified as a flood control reservoir.  Maybe that would help change some of the requirements or specification they have to meet.  Nielson stated that is one angle that could be looked into.


Parodi stated the regular garbage hauler will not take construction debris.   


Spyros Demetropoulos, 5 Sheffield Street, Pine Brook, asked if the subcommittee will include residents as well.  Nielson stated we haven’t discussed it as of yet.  We will have some preliminary recommendations.  Public input is always welcomed and appreciated, so I would think that would be a very distinct possibility.  Many municipalities have flood committees, and they implement various training awareness type programs.  Sandham stated I would envision public participation as well, whether on the subcommittee or input at meetings.


Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked if we have a timeframe for the projection of documents at the meetings.  Bastone answered no.  Lefkowitz stated for the documents you should put a watermark, draft, or meeting dates on them for version control.


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


COMMITTEE REPORTS:


Committeeman Braden thanked the Township Committee and the community of Montville for their outpouring of sympathy for the passing of my Father.  I would also like to thank the Police Department for escorting him on his last journey through Montville.  My Dad lived in a number of different towns, but he always said he was from Montville.


Committeeman Kostka – no report.

Committeewoman Nielson – no report.

Chairman Sandham – no report.


Meeting adjourned at 9:40 p.m.  Motion:  Nielson.  Second:  Kostka.  All in favor except Gallopo - absent.  Motion approved.







Respectfully submitted,




                                                           

Gertrude H. Atkinson, Township Clerk




Approved February 28, 2011

Montville Township Committee



                                                           

James Sandham, Jr., Mayor (2011)

Last Updated ( Monday, 05 March 2012 )
 
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