MTC Minutes 12/13/11 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, December 13, 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:   Adam Brewer, Interim Township Administrator

                        Robert Lowenfish, Director of Finance

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-121311A 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.      Personnel:  Administrator search

2.      Contract negotiations: Police Department assessment; Blue Collar

3.      Litigation:  Coppola Court; Lotta Lettuce

4.      Potential litigation

5.      Personnel

 

Motion:  Gallopo.  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 and Pledge of Allegiance led by Committeeman Gallopo.

 

PROCLAMATION HONORING EUGENE “SPOONER” PEER:  The Township Committee presented a proclamation to Eugene “Spooner” Peer in recognition of his retirement from the Township after 36 years of service in the Department of Public Works.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2011-28 AMENDING THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE TOWNSHIP OF MONTVILLE:  Health care benefits waiver.

 

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

 

NO. 2 – ORDINANCE NO. 2011-29 AMENDING THE SALARY OF THE CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF MONTVILLE FOR THE YEAR 2012:  Unrepresented.

 

Chairman Sandham opened the public hearing.  Hearing no comments, Chairman Sandham closed the public hearing.  Motion:  Gallopo.  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.

 

NO. 3 – ORDINANCE NO. 2011-30 BOND ORDINANCE PROVIDING FOR THE COMMUNITY PARK TURF LIGHTING PROJECT IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $230,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $99,750 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Chairman Sandham opened the public hearing.

 

Barbara Amari, Changebridge Road, lives across the street from the field, asked where are the lights going to go?  Sandham stated the lights are going to go parallel to the road and shine on the field.  They are not going to shine on the road.  That was our concern, and we were very satisfied with the soccer association and lighting company’s presentation.

 

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

 

Adam Brewer, Interim Township Administrator, stated the agreement with the soccer association has been received back signed by the President of the association. 

 

Motion to adopt ordinance:  Nielson.  Second:  Braden.  Discussion:  Letters went out to the residents.  Township Clerk received no comments or calls.  Roll call vote – Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Ordinance adopted.

 

NO. 4 – ORDINANCE NO. 2011-31 AMENDING CHAPTER 169 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND AMENDING FEES FOR VARIOUS TOWNSHIP PROGRAMS AND SERVICES:

 

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

 

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

 

REPORTS:

 

NO. 2 – ATTORNEY:  No report.

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported on the soccer field lights.  I have been in touch with Musco lighting.  We will jointly be preparing the plans for the lights.  Any member of the public can review the plans in my office to see where the lights will go.  That will be sometime in January.

 

DISCUSSION ITEMS:

 

NO. 5 – 2012 COMMUNITY DEVELOPMENT BLOCK GRANT:  Application is due January 6, 2012.  Three potential applications:  Camp Dawson, Masar Park, and the Municipal Building.  Brewer stated he met with Dorie Berman, chairperson of the Residents’ with Disabilities Advisory Committee.

 

Dorie Berman, 8 Freedom Court, Montville, stated the RDAC is very supportive of the applications for Camp Dawson and Masar Park.  The Municipal Building already has handicapped parking. 

 

Brewer stated Camp Dawson is the priority because Masar Park is available for other funding opportunities.  We will put in for the trails grant.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Brewer reported on Green Acres.  We received $450,000.  We have been working toward receiving reimbursement from the State on two projects:  Starkey and Delaware Hudson.  In order to receive reimbursement, we have to submit documentation.  We need to update the survey.  Also, we received notification of the 2012 funding round – due February 2012.  A draft application is being prepared.

 

Committeewoman Nielson asked Mr. Brewer for an updated memo on the dollars of reimbursement for Starkey and Delaware Hudson.  Brewer stated it is still the same as in the memo from July 22.

 

Brewer reported he was asked to get information on prosecutors’ salaries.  That has been submitted.

DISCUSSION ITEMS:

 

NO. 1 – 2012 MUNICIPAL BUDGET:  Brewer reported on Frank Bastone’s memo dated November 29.  Prior to his departure he submitted a hypothetical budget.  The huge x factor is the revenues.  Exhibit 1 is the operating expenses.  Exhibit 2 is salaries and wages.  There are two versions of the revenues.  The revenues for 2011 were somewhat unusual because of the amount used for library surplus.  He went over the two versions of the revenues and explained the accumulated leave.    

 

NO. 2 – PLAUSHA PARK WATER UTILITY PROJECTIONS:    Robert Lowenfish, Director of Finance, stated they all received a copy of the projections.  You previously recommended sending it to the Long-Term Financial Planning Committee.  If you agree, I will send it to them tomorrow.  We used September 30 actual numbers and estimates to come up with the December 30, 2011 numbers.  This is a preliminary draft.  Discussion regarding the water and sewer surplus numbers.      

 

Township Committee agreed - we need to do something to give something back to the ratepayers in town. 

 

Committeewoman Nielson stated the LTFPC requested to review this.  If we could get that to them and have a projected timeframe in 2012 for what we need to do.

 

Gallopo stated we said this was a high priority in 2011 and now it is being pushed into 2012.  There was a question as to if the fees were appropriate and now there is a significant surplus.  The Township Committee wants to make this priority number one for 2012.  Whatever the LTFPC needs – they need to get it immediately.

 

Lowenfish stated he will send it out to them tomorrow along with your concerns for speed.

 

NO. 3 – SNOWPLOWING INDIAN HILL ROAD SPUR:  Brewer stated concerns were brought up by Mr. Mazzaccaro for winter maintenance.  Mr. Barile’s and Mr. Mazzaccaro’s concerns are in your packet.

 

Anthony Barile, Township Engineer, stated it is a narrow, steep embankment showing signs of deterioration.  Concern that trucks of significant weight will fail on this road.  This spur is privately owned by the five property owners. 

 

Township Committee consensus – inform the residents tomorrow that we are going to stop plowing, and there is a potential safety issue.

 

Committeeman Braden stated he had asked for the list of the roads that we plow so we can assess them for safety.  He asked what Mr. Brewer recommends.

 

Brewer stated he concurs with Barile and Mazzaccaro – that it is a potential safety issue.

 

Sandham asked if we should be putting further restrictions on this road.

 

Martin Murphy, Township Attorney, stated it is a private road – you don‘t have jurisdiction over it.  I think you have an obligation to warn them of your concerns.  Unless we are prepared to exercise jurisdiction over the road, there is nothing we can to about it.

 

Nielson stated we should analyze the road list, discuss it, and notify the residents. 

 

Sandham asked is it still as dangerous if they use the smaller plow trucks.  Barile stated he would feel better if the small pickup trucks were used.  The trash haulers will also now be using pickup trucks. 

 

Sandham asked should we plow this year with the small trucks and tell them for next year we are not plowing.

 

Gallopo asked if our liability is greater now that we know?  Murphy stated it is hard to answer that question because we would have to know the specific facts.  Our insurance company would cover things like that.

 

Nielson recommended that Mr. Brewer meet with Mr. Barile and Mr. Mazzaccaro to come to a final conclusion before it snows.  Township Committee agreed.

 

Brewer stated he will put the residents on notice as well as other residents on private roads that are plowed.

 

NO. 4 – HISTORIC PRESERVATION REVIEW COMMISSION:  Brewer stated the question has come up again as to the status of the commission.  Received an e-mail from Mr. Gallopo.

 

Murphy stated we have addressed this in the past.  Our ordinance does not make it a commission.  It is an advisory body.

 

Braden stated perhaps we need to change the name of the body.  Gallopo asked would it be appropriate to involve the chairperson and Meghan Hunscher in that discussion?  Murphy answered yes, if you want to change it.

 

Township Committee consensus – just change the name – keep as an advisory board.  Ordinance will be prepared for 2012.

 

PUBLIC PORTION:

 

Dorie Berman, 8 Freedom Court, Montville, representing the RDAC, thanked the Township Committee for correcting the handicapped parking at the Board of Education offices.  However, the parking spot at the fire department is not compliant, and the height of the sign is an issue.  Mr. Brewer will follow up. 

 

Chamber of Commerce – not sure if part of the Township, but they meet at the Columbia Inn, which is not handicapped accessible.

 

Brewer stated the Chamber is an autonomous body, but he can have a conversation with them.  Gallopo suggested sending correspondence to them from the Township.

 

Braden stated many of the nonprofit groups meet at places that are not handicapped accessible.  Do you have any suggestions where they can meet?  It is difficult to find places to meet.

 

Berman asked if there can be a notice or placard that can be given to places that are not handicapped accessible.  Who is the ADA compliance officer?  Barile answered I believe it is Brian Laird.  Brewer will follow up and will give Ms. Berman contact information.  In the meantime, anyone can contact Mr. Brewer.

 

Dan Pagano, 11 Roome Road, Towaco, stated after Hurricane Irene, Two Bridges Road started collapsing.  Barile will take a look at it.

 

Pagano stated the Plausha Park ordinance – it might be helpful to notify them that they may be charged a special assessment – the 11 or 14 residents.

 

Sandham stated I am not so sure we said they will get a special assessment.  Gallopo stated you are right, but I think Mr. Murphy said there could be a special assessment.

 

Murphy stated can you go and assess someone else for the improvement?  Yes, the assessment would be the measure of the amount of the benefit, but that would be a decision you would have to make and adopt an ordinance. 

 

Pagano stated I want to thank you for an informative, interesting year, and I appreciate the Mayor over the past year – your demeanor and the way you address the members of the audience.

 

You have an ordinance that should be reviewed by the business administrator, the attorney, and the water & sewer director.  It is unspecific and undefined.  I would appreciate it if we could learn from this – how we can do a better job.

 

Murphy stated the ordinance does not say sixty homes.  It says the Plausha neighborhood.

 

Mike O’Brien, 92 Pine Brook Road, Towaco, stated the HPRC discussion – curious of what the e-mail was and who it was from.  Brewer stated he received an e-mail from Mr. Gallopo requesting clarification on a number of issues. 

 

Gallopo stated he raised questions about his observations, members’ perspectives, land use perspectives, administration and Township Committee perspectives, and I was looking for clarity.  Through the discussions the only thing really taking place is a name change.

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated we have been posting minutes on the website.  Can we post the closed session minutes that have been released?  Murphy answered yes.  Nielson asked if the library was posting their closed session minutes.  Lefkowitz stated he is not aware of any library board closed session minutes that have been released.

 

Braden stated the library board voted that the secretary was to go over the minutes from 2010 with the attorney with the intent to get them released.

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2011-CA21:  Motion:  Nielson.  Second:  Gallopo.  Roll call vote - Braden, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING TAX REFUND – OVERPAYMENT 2012:  Block 49, Lot 21, $1,653.41.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT – TAX APPEAL 2010:  Block 139.10, Lot 8, $3,348.00.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE PROCESSING OF TAX SALE CERTIFICATE REDEMPTION:

 

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 125.5 Lot 13.1

Coppola Court

Premium Money                                                                                  $100.00

Lien Redemption Certificate #11-00022                                             $243.51

Total Payment                                                                                     $343.51

To:       Ralph Lopez

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE REFUND OF BUILDING PERMIT FEES TO MARY GUSTAFSON FOR 24 VIRGINIA ROAD:

 

WHEREAS, building permit fees were paid for the issuance of building permits (landscape lighting) for property located at 24 Virginia Road, Montville, New Jersey; and

           

WHEREAS, the property owner subsequently cancelled the project and has requested a refund; and

           

WHEREAS, the Construction Official has recommended a refund in the amount of $61.00.

 

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 Mary Gustafson for property located at 24 Virginia Road, Montville, New Jersey, shall be refunded in the amount of $61.00.

 

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

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS VEHICLES OF THE TOWNSHIP OF MONTVILLE PURSUANT TO NJSA 40A:11-36:

 

`WHEREAS, the Township Committee of the Township of Montville has determined that the attached described items of surplus vehicles of the Township of Montville, County of Morris and State of New Jersey is no longer needed for public use; and

 

            WHEREAS, the Township Committee of the Township of Montville has determined to provide for the sale of such vehicles at public sale pursuant to N. J. S. A. 40A11-36.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, as follows:

  1. Sealed proposals for the sale of the vehicles described on the attached hereto shall be received at the Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey 07045, on Wednesday, January 18, 2012 at 11:00AM, local prevailing time.
  2. All bidders shall comply with the Notice to Bidders, and Terms and conditions of the sale.
  3. All sales are to be made to the highest bidder for payment in the form of certified check or cash in the amount of the bid accepted, to be paid to the Director of Finance within ten (10) working days of the day of sale, at the time of delivery from the Township to the purchaser thereof.  Each vehicle or item shall be removed by the purchaser as provided in the Notice to Bidders and Terms and Conditions of Sale.
  4. The Township reserves the right to reject any and all bids.
  5. All items shall be purchased on an “as is” basis, and the Township makes no warranties, express or implied as to the item’s description, quality, fitness or otherwise.
  6. Moneys received from the sale of any such property shall be paid into the General Municipal Treasury and/or the Water/Sewer Department.
  7. The Director of Finance is authorized to advertise a Notice of Sale in the Daily Record, said sale being not less than seven (7) nor more than fourteen (14) days after publication of the Notice.

 

1.         1996 FORD E-350 BUS

VIN # 1FDKE30FYTHA48435

MILES – 113,000

CONDITION – NEEDS OIL PAN

RAN WHEN PARKED

 

2.         1999 DODGE CARAVAN

VIN # 1B4GP44G9XB51248

EST. MILES – 140,000

CONDITION – NEEDS TRANSMISSION

 

3.         1991 CHEVY CAPRICE WAGON

VIN # 1G1BL83EEMW241715

EST. MILES – 100,000

CONDITION – RUNS WELL

 

4.         1999 DODGE RAM VAN

VIN # 2B7HB11X7XK506870

MILES – 95,000

CONDITION – RUNS WELL

 

5.         1999 FORD CROWN VIC

VIN # 2FA5971W8YX102246

MILES – 125,000

CONDITION – RUNS WELL (STILL ON ROAD)

 

6.         1999 CHRYSLER 300

VIN # 2C3HD36J5YH205589

MILES –

CONDITION – BAD TRANSMISSION

 

7.         2003 FORD CROWN VIC

            VIN # 2FAFP71W23X106091

            MILES – 99,000

            CONDITION – RAN WHEN PARKED

 

8.         2005 FORD CROWN VIC

VIN # 2FAHP71W45X112552

MILES – 112,144

CONDITION – RAN WHEN PARKED

 

9.         1991 PLYMOUTH VOYAGER

VIN # 1P4GH56R6MX628604

MILES – 83678

CONDITION – RAN WHEN PARKED

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING A LEASE OF THE SENIOR HOUSE TO MORRIS COUNTY FOR USE AS A NUTRITION PROJECT SITE – YEAR 2012:

WHEREAS, the Local Lands and Buildings Law N.J.S.A. 40A:12-14(b) et seq. authorizes the lease by municipality of any real property not needed for public use to a public body; and

            WHEREAS, the Morris County Board of Chosen Freeholders has requested the use of the Senior House owned by the Township of Montville for the purposes of the Human Services Department Nutrition Project for site operations; and

            WHEREAS, the Township Committee has determined that a public purpose will be served by the use of the Senior House by the Nutrition Project site operations; and

            WHEREAS, the Township Committee has determined that numerous citizens of the Township of Montville and neighboring municipalities will be benefited by services proposed by the Nutrition Project site operations.

            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 Township officials are hereby authorized to execute the lease attached hereto for the Senior House to the Morris County Board of Chosen Freeholders. 

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE PERSON-TO-PERSON TRANSFER OF LIQUOR LICENSE FROM BONEFISH/JERSEY-LONG ISLAND LIMITED PARTNERSHIP TO BONEFISH GRILL, LLC:  Corporate structure change.

 

WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Consumption License Number 1421-33-011-007, heretofore issued to Bonefish/Jersey-Long Island Limited Partnership for premises located at 28 Route 46, Pine Brook, New Jersey; and

 

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

 

WHEREAS, the applicant is qualified to be licensed according to all standard established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

 

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

           

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, does hereby approve, effective December 13, 2011, the transfer of the aforesaid Plenary Retail Consumption License to Bonefish Grill, LLC and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows:  “This license, subject to all its terms and conditions, is hereby transferred to Bonefish Grill, LLC effective December 13, 2011.”

 

CONSENT AGENDA ITEM H – 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 awarded 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) on August 9, 2011; and

            WHEREAS, GC Stewart encountered additional costs that were not anticipated and requested additional compensation;

            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 additional survey services in connection with Block 156, Lot 30 shall be awarded to GC Stewart Associates, Inc. for services in the amount of $1,250.

 

CONSENT AGENDA ITEM I – RESOLUTION CONFIRMING THE AUTHORIZATION FOR PAYMENT OF $5,000 IN FULL SATISFACTION OF THE CLAIMS MADE BY MICHAEL R. PATIERNO AND DEBBIE C. PATIERNO:

WHEREAS, Michael R. Patierno and Debbie C. Patierno have made certain claims against the Township related to drainage issues on their property located at 50 Taylortown Road which they claimed were caused by Township approved construction activities on 52 Taylortown Road; and

            WHEREAS, The Township Committee authorized the Township Administrator to resolve this claim for a payment of $5,000 upon receipt of a full Release from Mr. and Mrs. Patierno; and

            WHEREAS, Mr. and Mrs. Patierno have accepted this resolution and executed the 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 payment of $5,000 to Mr. and Mrs. Patierno in full satisfaction of the claims against the Township related to drainage issues on their property located at 50 Taylortown Road which they claimed were caused by Township approved construction activities on 52 Taylortown Road is hereby ratified.

 

CONSENT AGENDA ITEM J – RESOLUTION RELEASING ROBERT LOWENFISH FROM ALL OBLIGATIONS PURSUANT TO AN EMPLOYMENT AGREEMENT EFFECTIVE DECEMBER 15, 2010:

 

WHEREAS, the Township Committee of the Township of Montville appointed Robert Lowenfish as Director of the Department of Finance and Municipal Treasurer under an Employment Agreement effective December 15, 2010; and

            WHEREAS, the Township Committee and Robert Lowenfish have mutually agreed to terminate the Employment Agreement effective January 13, 2012.

            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 Employment Agreement between the Township of Montville and Robert Lowenfish is hereby terminated by mutual consent effective January 13, 2012

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING EMERGENCY APPROPRIATION – HURRICANE IRENE:

 

WHEREAS, an emergency has arisen with respect to HURRICANE IRENE and no adequate provision was made in the 2011 budget for the aforesaid purpose, and NJS40A-46 provides for the creation on an emergency appropriation for the purpose mentioned above; and

 

            WHEREAS, the total amount of the emergency appropriation created, including the appropriation to be created by this resolution is $ 88,684 and three (3) percent of the total appropriations in the budget for 2011 is $598,804; and

 

            WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriation (including utility operation appropriations) in the budget for 2011.

 

            NOW, THEREFORE, BE IT RESOLVED, (by not less than 2/3 of all governing body members affirmatively concurring) that in accordance with NJS 40A-4-48:

 

1.      An emergency appropriation is hereby made for

 

Police S & W                          $15,600

Streets and Roads S & W      $  5,918

Facilities Mgt S & W               $  3,518

Public Health Srvs S & W       $  2,825

Police Other Expenses           $  1,045

Facilities Other Expenses      $  7,278

General Liability                       $  2,500

Solid Waste Collection           $50,000

 

Total                                        $88,684

 

2.      The emergency appropriation set forth in Section 1 hereof shall be provided for in full as a deferred charge in the budget of the next succeeding fiscal year, unless provision for paying, funding or refunding the emergency appropriation is made through adoption of a refunding bond ordinance pursuant to N.J.S.A. 40A:2-1 et seq.

3.      That an Emergency Note not in the excess of the above amount be authorized

pursuant to “NJSA 40A:2-51.”

4.      That such note may be executed by the Chief Financial Officer and the Mayor.

5.      The Chief Financial Officer of the Township is hereby delegated the authority to sell and award the note, if any, and such notes, if issued, may be renewed from time to time by the Chief  Financial Officer provided that any such renewals shall be payable on or before December 31, 2012.

6.      That two (2) certified copies of this resolution be filed with the Director of the

Division of Local Government Services.

7.      The statement required by the Local Finance Board has been filed with the Township Council and a copy transmitted to the Director of Division of Local Government Services.

8.      This resolution shall take effect immediately.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING EMERGENCY APPROPRIATION – SNOW STORM 10/29/11:

 

WHEREAS, an emergency has arisen with respect to the Snow Storm on October 29, 2011 and, no adequate provision was made in the 2011 budget for the aforesaid purpose, and NJS40A-46 provides for the creation on an emergency appropriation for the purpose mentioned above; and

 

            WHEREAS, the total amount of the emergency appropriation created, including the appropriation to be created by this resolution is $ 143,460 and three (3) percent of the total appropriations in the budget for 2011 is $598,804; and

 

            WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriation (including utility operation appropriations) in the budget for 2011.

 

            NOW, THEREFORE, BE IT RESOLVED, (by not less than 2/3 of all governing body members affirmatively concurring) that in accordance with NJS 40A-4-48:

 

1.      An emergency appropriation is hereby made for

 

Police S & W                                      $  6,586

Streets and Roads S & W                  $13,797

Facilities Mgt S & W                           $  5,915

Streets and Roads Other Expenses  $28,479

 

Total                                                    $54,776

 

2.      The emergency appropriation set forth in Section 1 hereof shall be provided for in full as a deferred charge in the budget of the next succeeding fiscal year, unless provision for paying, funding or refunding the emergency appropriation is made through adoption of a refunding bond ordinance pursuant to N.J.S.A. 40A:2-1 et seq.

3.      That an Emergency Note not in the excess of the above amount be authorized

pursuant to “NJSA 40A:2-51.”

4.      That such note may be executed by the Chief Financial Officer and the Mayor.

5.      The Chief Financial Officer of the Township is hereby delegated the authority to sell and award the note, if any, and such notes, if issued, may be renewed from time to time by the Chief  Financial Officer provided that any such renewals shall be payable on or before December 31, 2012.

6.      That two (2) certified copies of this resolution be filed with the Director of the

Division of Local Government Services.

7.      The statement required by the Local Finance Board has been filed with the Township Council and a copy transmitted to the Director of Division of Local Government Services.

8.      This resolution shall take effect immediately.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH COFFEY & ASSOCIATES:  Legal services Woodmont Estates/Glenview Woods environmental litigation.  Not to exceed $10,000.00 as per proposal 12/09/11.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE SUBMISSION OF A 2012 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE COUNTY OF MORRIS:  Camp Dawson handicapped accessibility.

 

WHEREAS, 2012 Community Development Block Grant Funds are available through the County of Morris; and

 

            WHEREAS, a public meeting was held on December 13, 2011 to discuss applications for such funds.

 

            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 officials are hereby authorized to execute and submit a 2012 Community Development Block Grant Application.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS:

 

                        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                                             $  1,072

                        Utilities                                                 $  2,600

                        BOA O/E                                             $     428

                        Misc. Litigation                                    $  3,000

                        Social Security                                    $31,650

                        Solid Waste                                        $  2,500

                        Township Clerk S&W                         $    950

                        Finance S&W                                     $    530

                        Tax Collection                                     $    170

                        Planning Board                                   $  3,000

                        Dial-A-Ride                                          $  2,500

                        Recreation                                          $     200

 

                                                             Total               $48,600

                                                                                               

                        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

                       

                        Group Insurance                                 $10,000

                        Police S&W                                        $20,000

                        Facilities S&W                                                $  5,000

                        Roads S&W                                        $  5,000

                        Electricity                                            $  8,600

 

                                                            Total                $48,600

                                                                                                                       

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

NO. 7 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Nielson.  Second:  Gallopo.  Discussion:  Braden asked about the bill for the test hole excavations for Dogwood Circle.  Why did we dig test holes?  Barile stated we had to complete test holes to complete the plans.  We do this on every job.  The road department could not accommodate us because of their schedule.  We had to hire a contractor to do it.  It did get charged against the job.  Braden asked so typically the road department does this?  Barile answered yes.  The project should start in the spring.

 

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

 

NO. 8 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE MONTVILLE SOCCER ASSOCIATION:

 

WHEREAS, the Township is the owner of real property described as Community Park located in the Township of Montville, County of Morris, State of New Jersey (hereinafter "Property"); and

            WHEREAS, certain recreational facilities including soccer fields are located on the property; and

            WHEREAS, Montville Soccer Association is a not for profit corporation of the State of New Jersey; and

            WHEREAS, Montville Soccer Association and the Township agree that the fields located on the property should be improved by the installation of field lighting; and

WHEREAS, Montville Soccer Association and the Township agree to share the costs of the field lighting improvements subject to certain terms and conditions set forth herein; and

            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 an Agreement between the Township of Montville and the Montville Soccer Association for field lighting in the form attached hereto.

 

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

 

NO. 9 – RESOLUTION AUTHORIZING CHANGE ORDER #1 IN A CONTRACT BETWEEN THE TOWNSHIP AND ML, INC. FOR THE CONSTRUCTION OF THE CHURCH LANE ANIMAL SHELTER:

 

WHEREAS, ML, Inc. entered into a Contract for the construction of the Church Lane Animal Shelter; and

           

WHEREAS, it has been determined that certain changes to this Contract are necessary due to subsurface soil conditions as determined by Johnson Soils Company in their report dated December 1, 2011; and

 

WHEREAS, ML, Inc. has submitted a change order for a change to the total contract  price of $10,835.00 based on the requirements of the Johnson Soils Company report; and

 

            WHEREAS, the project architect Anthony Garrett has reviewed the Johnson Soil Company Report and the change order submitted by ML, Inc. and recommended to the Township Committee that it modify its Contract with ML, Inc. as a result of this change.

 

            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 Change Order is hereby approved in the Contract between the Township of Montville and ML, Inc.:

 

Amount of Original Contract:              $552,000.00

Amount of Change Order #1:                 10,835.00

Adjusted Amount Based                                                                    

On Change Order No. 1:                    $562,835.00

                                                                                   

% Change in Contract:                                   1.96

 

Motion:  Nielson.  Second:  Gallopo.  Discussion:  Why was this not included in the original bid package?  Barile stated the specifications were set up so that the Township would hire a consultant to analyze the soils at the Township’s expense. 

 

Brewer stated we would have to make an appropriation in the 2012 capital budget.

Roll call vote – Braden, yes; Kostka, no; Gallopo, yes; Nielson, yes; Sandham, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Gallopo stated he would like the Township Committee to start thinking about technology projects for 2012:  getting the audio from our meetings up on the website; improvements to the website; Honeywell-type alert system.  If we are going to consider these items, would like to do so in January so they can start on them.

 

Committeewoman Nielson stated we need to get a status report on the 2011 goals.  There is a list of ongoing administrative projects.  I would like the Township Committee to get a copy of that list.  Would like to get an exit interview in writing from the CFO – pluses, minuses, and what you see going forward.

 

Committeeman Braden – reported on the Library Board meeting.  The high school principal sent out an e-mail tonight that students will be ticketed starting Thursday if they park in the library lot during the day.

 

Committeeman Kostka spoke about the land use ordinance, Section 12, farms.  He spoke to some County officials and the number should be 51% of the produce should be grown.  We have 100%.  I conveyed this to Mr. Lewis and gave him the contact information for the County.

 

Chairman Sandham reported the Township Committee at the behest of the Economic Development Committee had a business outreach meeting on December 1.  It was a good exchange.  We gave them information about the town and how we operate.  We had a question and answer session.  There are minutes available.  Mr. Kostka and members of the EDC were present.  Doing this a couple of times a year would be a good thing.  I appreciate the endorsement from the Township Committee to do this.

 

I would like to thank Mr. Bastone, Mr. Brewer, and the Department Heads for past year.  Happy Holidays.

 

RESOLUTION NO. CES-121311B 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: Police Department assessment; Blue Collar

2.      Personnel

 

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

 

At 9:50 p.m. – closed session.  At 11:00 p.m. – Public Session.

 

RESOLUTIONS:

 

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MATRIX CONSULTING GROUP:  Police Department Assessment Study.  Not to exceed $35,000.00.

 

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

 

Meeting adjourned at 11:01 p.m.  Motion:  Gallopo.  Second:  Braden.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

Approved August 14, 2012

 

Montville Township Committee

 

                                                           

James Sandham, Jr., Mayor (2011)

 

Last Updated ( Friday, 17 August 2012 )
 
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