Montville Township Committee Regular Meeting
Tuesday, October 25, 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
Committeeman Scott Gallopo
Chairman James Sandham, Jr.
Absent: Committeewoman Deborah Nielson (excused absence)
Also present: Frank Bastone, Township Administrator
Adam Brewer, Management Specialist
Robert Lowenfish, Treasurer/Director of Finance
Martin Murphy, Township Attorney
Gertrude Atkinson, Township Clerk
RESOLUTION NO. CES-102511A 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:
2. Potential Litigation: Changebridge Road sidewalks; 86 River Road; Lake Valhalla Club
3. Litigation: Pisano; Lotta Lettuce
4. Attorney-Client privilege: Retiree health benefits
Chairman Sandham read into the record the reason for Committeewoman Nielson’s absence – obligation as a member of the Morris County Open Space Trust Fund. Excused absence.
Motion: Gallopo. Second: Kostka. All in favor except Nielson - absent. Resolution adopted.
At 7:00 p.m. – Closed Session. At 8:00 p.m. – Public Session.
Chairman Sandham read the Statement of Open Public Meetings Act Compliance again for the record.
Prayer and Pledge of Allegiance led by Committeeman Kostka.
RESOLUTION DECLARING NOVEMBER PANCREATIC CANCER AWARENESS MONTH IN THE TOWNSHIP OF MONTVILLE.
NO. 1 – MONTVILLE MARATHON PROPOSAL: Lt. David Peterson present. He reviewed the proposal and has the following questions: Number of runners, overflow parking, County road permits.
Michele DeVito, Race Director, stated they are anticipating 2,500 runners. She will limit it if she has to.
Frank Bastone, Township Administrator, feels it would be a good idea to limit it.
DeVito stated the parking would be on top of the hill. Approximately 1,500 cars. Peterson stated if foul weather, no parking. DeVito stated they could get permission from the schools to use their parking lots.
Peterson stated in order to close County roads; you have to have meetings with the County.
DeVito stated the goal is to get a marathon in north Jersey. I am starting with this town because I live here. The proceeds go to charities. Looking into the Hope House in Dover.
Chairman Sandham suggested that some of the proceeds go to a local charity. DeVito agreed.
Committeeman Braden stated $15,000 estimated police overtime. Peterson stated they will most likely have to get the sheriff’s department so the number will be more.
DeVito stated they are looking at 13.1 miles as a 4-hour mark and then they have to stop. They would probably need a shuttle.
Sandham requested Ms. DeVito sit down with the police and work out the details. We would like to see it happen if the police put their seal of approval on it. Peterson stated they will have to meet with the County. DeVito stated they can change the course if there are issues with the County.
DeVito and Peterson will meet and she will come back with the proposal that has the blessing of the police.
NO. 1 – ADMINISTRATOR: Bastone reported our ordinance has a limit of 14 days for POD storage containers. Homes flooded from Hurricane Irene are using them. Recommending an extension of time to January 31, 2012. Motion to approve: Braden. Second: Kostka. All in favor except Nielson – absent. Motion approved.
Bastone reported on tipping fees. First eight months of the year comparison – this year tonnage is down 12%.
Bastone reported on the revaluation. Our Assessor is having a meeting with Appraisal Systems on Friday. He is going to provide a formal report for next meeting.
Bastone reported on Plausha Park. They opened bids. All exceeded the appropriation in the ordinance. Will be having meetings to address that.
NO. 2 – ATTORNEY: No report.
NO. 3 – FINANCE: No report.
NO. 4 – ENGINEER: No report.
NO. 1 – SAFE ROUTES TO SCHOOLS: Bastone reported they have a letter from the NJ DOT announcing the 2012 Safe Routes to Schools grant program. Recommendation is to submit two of the sidewalk projects recommended to us by the Board of Education: Church Lane/Changebridge Road to Route 202 east side and Passaic Valley Road/Fletcher Drive to Changebridge Road.
Township Committee – ok. Bastone stated they will prepare the estimates and Mr. Barile will be at the next meeting to address some of the issues.
NO. 2 – ANIMAL SHELTER: Bastone reported they opened bids on October 12. You have the architect’s recommendation to award to ML, Inc. We did have a legal challenge from the second lowest bidder. You have the opinion from legal counsel that we can award to ML. We have a resolution of award on the agenda.
Pet Parent contributions – e-mail from Sue Goldblatt – they are providing fencing, gravel, mason system, and capital campaign items. This has been reviewed extensively by the subcommittee.
NO. 3 – EMERGENCY MANAGEMENT PROTOCOL: Lt. Rudy Applemann, Emergency Management Coordinator, present. Bastone stated a report was submitted. Braden asked who is in charge? You are the Emergency Management Coordinator. If you make a decision that something should be done, do you have to have that approved by your superiors?
Bastone stated if we have declared a state of emergency, he has the ability as EOM to make decisions.
Appelmann stated the OEM can declare a local state of emergency after consultation with the Mayor. Emergency Management has the ability to make independent decisions based on the declaration. The state of emergency and the emergency operation center are independent of each other.
Committeeman Gallopo stated the role of the Mayor or Township Committee – read bulletpoint #2. The Mayor or designated representative would consult with the OEM coordinator and determine the need for the emergency declaration.
Gallopo asked given our form of government and the charter, does it matter that one person can authorize that declaration without consulting at least two of the committee members?
Martin Murphy, Township Attorney, stated the Mayor has that power under State statute and regulations.
Gallopo stated in the packet there is some education about OEM. This is an education we all should have.
Braden stated the role of the Township Committee if there is one – is it to be on the front lines or on the sidelines? I believe it should be on the sidelines and let the professionals do their job.
Murphy stated your role is to act as a body when you get together to have a meeting. If you want to call a special meeting in order to do certain things in an emergency that is what your role is.
PUBLIC PORTION: Chairman Sandham opened the public portion. Hearing no comments, he closed the public portion. Motion: Kostka. Second: Gallopo. All in favor except Nielson – absent. Motion approved.
NO. 1 – ORDINANCE AMENDING CHAPTER 281 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROHIBITING PEDDLING AT CERTAIN TOWNSHIP PARKS:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 9, 2011, at 8 p.m. Motion: Gallopo. Second: Braden. Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, absent; Sandham, yes. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA18: Motion: Braden. Second: Kostka. Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes. Nielson, absent; Sandham, yes. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:
WHEREAS, certain cash bonds have been posted with the Township of Montville to secure the performance of obligations; and
WHEREAS, the Engineering Department has verified that the improvements, the installation of which were secured by the cash bonds, have been installed in a satisfactory manner and has recommended the release of cash bonds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the following cash performance bonds shall be released:
LOCATION PURPOSE AMOUNT/DATE RETURN TO
2A Glen View Road Soil Stabilization $1,750. / 2-11 V. & R. Torsiello
B. 31.1, L. 1 2A Glen View Road
2B Glen View Road Soil Stabilization $1,750. / 11-10 V. & R. Torsiello
B. 31.1, L. 1.3 2A Glen View Road
18 Gunther’s View Driveway $3,750. / 7-11 D. Brynczka
B. 109, L. 30.10 Soil Stabilization $2,500. / 7-11 18 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 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 39.7 Lot 85.2
21 Abbott Road
Premium Money $33,500.00
Lien Redemption Certificate #11-00003 $ 4,073.96
Total Payment $37,573.96
To: Lien Times, LLC
Block 100 Lot 14
8 Church Lane (T)
Premium Money $ 400.00
Lien Redemption Certificate #11-00016 $ 184.66
Total Payment $ 584.66
To: Ralph Lopez
Block 164 Lot 14
58 Hook Mt Road
Premium Money $ 300.00
Lien Redemption Certificate #11-00031 $ 671.38
Total Payment $ 971.38
To: US Bank Cust/Pro Capital I, LLCA
CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION:
WHEREAS, Revised General Ordinance Chapter 295 requires the issuance of a permit by the Township of Montville for temporary or seasonal retail sales in warehouses; and
WHEREAS, Westport Corporation has filed an application and all fees for a warehouse sale permit; and
WHEREAS, the application filed by Westport Corporation conforms to the requirements of the Township Ordinance;
WHEREAS, the signage plan dated 10/14/11 has been approved as follows: Four signs only. Signs may be placed from November 25 to December 23, 2011, and must be removed within 24 hours after last day of warehouse sale.
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 warehouse sale permit be issued to Westport Corporation for the following dates: November 25 to December 4, 2011; December 6 to December 11, 2011; and December 13 to December 23, 2011.
CONSENT AGENDA ITEM D – RESOLUTION ESTABLISHING HOLIDAY SCHEDULE FOR OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE FOR THE YEAR 2012:
WHEREAS, the Township Committee of the Township of Montville has approved holidays for officials and employees of the Township of Montville; and
WHEREAS, the following Holiday Schedule is established for the year 2012;
2012 HOLIDAY SCHEDULE
1. NEW YEAR’S DAY MONDAY 01/02/12
2. MARTIN LUTHER KING DAY MONDAY 01/16/12
3. PRESIDENTS’ DAY MONDAY 02/20/12
4. GOOD FRIDAY FRIDAY 04/06/12
5. MEMORIAL DAY MONDAY 05/28/12
6. JULY 4 HOLIDAY WEDNESDAY 07/04/12
7. LABOR DAY MONDAY 09/03/12
8. COLUMBUS DAY MONDAY 10/08/12
9. VETERANS’ DAY MONDAY 11/12/12
10. THANKSGIVING DAY THURSDAY 11/22/12
11. THANKSGIVING FRIDAY FRIDAY 11/23/12
12. CHRISTMAS EVE MONDAY 12/24/12
13. CHRISTMAS DAY TUESDAY 12/25/12
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 Holiday Schedule for the year 2012 be approved and adopted.
NO. 1 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CHURCH LANE ANIMAL SHELTER:
WHEREAS, bids were received for construction of the Church Lane Animal Shelter; and
WHEREAS, the lowest responsible bid of $552,000.00 was received from ML, Inc.; and
WHEREAS, the amount of the bid is within the established budget for the project and the Township Consulting Architect has recommended the award to ML, 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 ML, Inc. shall be awarded the Contract for construction of the Church Lane Animal Shelter in an amount of $552,000.00 which includes the base bid of $487,000.00 together with the following alternatives:
HVAC Alternate #3: Fifty Six Thousand Dollars ($56,000.00)
Masonry Screen Wall: Three Thousand Dollars ($3,000.00)
Accents on Building Elevations: Two Thousand Dollars ($2,000.00)
Overframed Roof Dormer: Four Thousand Dollars ($4,000.00)
Motion: Braden. Second: Gallopo. Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, absent; Sandham, yes. Resolution adopted.
NO. 2 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS: Motion: Braden. Second: Gallopo. Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, absent; Sandham, yes. Resolution adopted.
Committeeman Gallopo reported at the November 9th meeting we will have a report from the flood mitigation subcommittee. Please put on as a discussion item.
Committeeman Kostka – no report.
Committeeman Braden – no report.
Chairman Sandham reported an 82-year old former resident found books from the 1700 & 1800’s. I have given them to the Historical Society.
Sandham reported the Economic Development Committee recommended that we have a land use ombudsman – advocate. An unpaid position. Would like to have this on for discussion at our next meeting.
Sandham stated Konner Avenue and East Cheryl Road – stop signs, speeding. Resident concerns. We should try to come up with a permanent solution. I have asked that the Administrator bring it up with the Police Chief to come up with a solution.
Sandham reported at our November 9 meeting we are honoring the servicemen and women who have served since the Gulf War. This has been coordinated with the VFW.
Gallopo spoke about the appointment process. Applications – looking to try to get as many applications as possible. Possibly advertise on Patch and in Neighbor News. The Township Clerk stated she will also put it in the next Montville Messenger.
RESOLUTION NO. CES-102511B 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:
2. Potential Litigation: 86 River Road; Lake Valhalla Club
3. Litigation: Lotta Lettuce
Motion: Braden. Second: Kostka. All in favor except Nielson – absent. Resolution adopted.
At 9:03 p.m. – Closed Session.
Meeting adjourned at 9:30 p.m. Motion: Kostka. Second: Gallopo. All in favor except Nielson - absent. Motion approved.
Gertrude H. Atkinson, Township Clerk
Approved April 24, 2012
Montville Township Committee
James Sandham, Jr., Mayor (2011)