MTC Minutes 01/24/12 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, January 24, 2012, 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 Tim Braden.

 

Roll call Township Committee:

 

Present:          Committeeman James Sandham, Jr.

                        Committeeman Don Kostka

                        Committeeman Scott Gallopo

                        Committeewoman Deb Nielson

Chairman Tim Braden

 

Also present:   Adam Brewer, Interim Township Administrator

Anthony Barile, Township Engineer

Katie Yanke, Director of Finance

James Bryce, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-012412A 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.      Attorney-client privilege:  Water assessment options

2.      Attorney-client privilege:  Contract interpretation

3.      Attorney-client privilege:  Changebridge Road sidewalks

4.      Contract negotiations:  911 dispatch

5.      Property acquisition:  Morris County Park Commission

6.      Attorney-client privilege:  Book

7.      Attorney-client privilege:  E-mails

8.      Personnel

 

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

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Kostka. 

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Adam Brewer, Interim Township Administrator, reported he sent correspondence to JCP&L regarding the concerns raised by a resident at last meeting.  He will be getting back to me.  Brewer notified the resident as well.

 

Brewer reported he sent a letter to the BPU regarding the leaning utility poles at TD Bank.  There will be a meeting between Verizon and JCP&L on Thursday.  Committeeman Gallopo requested the correspondence or a synopsis be posted on the website.

 

Finance Report – Brewer reported the Township will be pursuing the refunding of the 2004 general obligation bonds.  The Township has the opportunity to save approximately $270,000 over the life of the bonds.

 

Brewer stated we are undergoing a lot of transitions.  The budget is due February 3.  He would like to bring Mr. Bastone in for a half day.  It would incur an expense.  Township Committee – ok.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – TOWNSHIP COMMITTEE LIAISON REPORTS:

 

Committeeman Gallopo reported the Technology Committee’s first meeting will be January 31.  The chairman has arranged a meeting between the Township Clerk and the Township Administrator to go over the paperless meetings.  Installation of the projector – would like deadline to be first meeting of March.  Township Committee – ok.

 

Drug Awareness Municipal Alliance – the event in January, Jessie’s Journey, was very well attended. 

 

February 6 is the Residents’ with Disabilities Advisory Committee meeting.  Handicap parking signs – they are still not ADA compliant with regards to the height of the signs.  Mr. Brewer is looking into this. 

 

Flood Mitigation Subcommittee had a meeting with United Water at the Boonton Reservoir.   The committee learned a lot in terms of the process for change, which is the most important aspect of this.  We will have to work a lot with our legislators in conjunction with the BPU, United Water, and the Jersey City Municipal Utilities Authority.

 

Committeewoman Nielson reported the new chair of the Open Space Committee is Mr. Misiewicz.  They are re-evaluating the role of the committee and perhaps changing the mission statement.  Possibly expanding on the trails implementation.

 

Long-Term Financial Planning Committee – they were given additional information on the sewer utility.  They are going to set up some additional meetings.  Anticipate having a recommendation to the Township Committee in March.

 

Committeeman Kostka reported the Planning Board met on January 12.  Russ Lipari is the chairman and Gary Lewis is the vice-chairman.  Kostka reported he became a grandfather for the first time.

 

Committeeman Sandham reported that J. Deane Driscoll is the chairman and Ron Soussa is the vice-chairman of the Economic Development Committee.  They had someone come forward about developing the land behind the Exxon and Raia Self-Storage.  The EDC saw fit to give their endorsement. 

 

Recreation – Deane M. Driscoll is the chair and Steve Moscone is the vice-chair.  We started a second group of gardens at Indian Lane East.  MBSA is celebrating its 60th anniversary this year.

 

Chairman Braden attended both the Historic Preservation Review Commission and the Environmental Commission meetings.  Neither have applications pending.

 

NEW BUSINESS:

 

NO. 2 – MAPLE AVENUE AREA TRAFFIC SUBCOMMITTEE:  Brewer stated I would like to thank all of the residents who participated in the process.  The five options listed are those that are viable and Mr. Barile will talk more about them.  Additional information – some ideas include putting do not enter signs on the south end of Margaret Drive and John Street.  Subsequent investigation by Mr. Barile and general counsel indicate they cannot be installed just to prohibit cut-through.  Another suggestion was made regarding Van Winkle and Chapin Road and making them one-way toward Route 46.  We have learned that those are roads that the NJDOT is exercising jurisdiction over, and we would have to submit a request.  Cul-de-sacs would require the acquisition of additional right-of-way.  Three-way stop signs – we are not allowed to do that because stop signs are not allowed to be used as traffic calming devices.  Certain warrants need to be met in order for a stop sign to be installed.  Enforcement of posted speed limits and laws of the road are a high priority.  The police will be gathering some more data on the speeds. 

 

Anthony Barile, Township Engineer, reported the traffic subcommittee met in November and established traffic criteria to look into:  speed humps, one-way traffic designations, and dead-end Maple Avenue with a cul-de-sac near New Maple Avenue.  I looked into those three criteria and developed a report dated December 2nd. 

 

Speed humps – 2 on John Street, 4 on Maple Avenue, and 3 on Margaret.  Estimated cost $25,000.  One-way designations – portion of Maple Avenue, John Street, and Margaret.  Estimated cost $2,000.  Would require engineering study to be done and an ordinance passed.  Cul-de-sac Maple Avenue – would dead-end the street.  Estimated cost $65,000.

 

These options were discussed at a neighborhood meeting held in December.  They raised the issue of do not enter signs and making Van Winkle and Chapin one-way to Route 46.  I approached the NJDOT and it is their jurisdiction.  We would have to formally apply to them and provide studies.  I doubt they would go along with that scenario based on their comments regarding the Lowe’s application.  Cul-de-sac Maple Avenue near the entrance to John Street Park.  The concept is good but you need back-to-back cul-de-sacs for vehicles to make u-turns.  Rights-of-way there would be very difficult. 

 

Barile’s recommendation to totally eliminate the cut-through traffic would be to do the cul-de-sac on Maple Avenue.  Not a big advocate of speed humps.

 

Chairman Braden opened the meeting up to the public.

 

Sylvia Walits, 16 Maple Avenue, Pine Brook, asked if they could buy the property for sale and extend it into Kay Electronics so people could turn.  Barile stated the house is for sale.  Acquisition of that would solve the problem of where to locate the cul-de-sac’s.

 

Anne Caterman, 6 Adamary Place, Pine Brook, stated she agreed with putting the cul-de-sac by Route 80.  I appreciate you taking data.  The spot for the box was not good.  It was by a yield sign.  Right now there are two up.  One is by a stop sign and one is on Margaret not really where people speed.  Brewer will look into.

 

Chris Burke, 22 Maple Avenue, Pine Brook, stated he agrees with the Engineer.  Put the cul-de-sac’s at the end of Maple Avenue.  Something has to be done.

 

Barbara Burke, 22 Maple Avenue, Pine Brook, stated tractor trailers are not supposed to come down Maple Avenue.  Both cul-de-sacs would be great.

 

Art Weber, John Street, Pine Brook, stated two cul-de-sac’s – on the business side – there are only five houses.  Is it a law that you have to have two cul-de-sacs back to back?  Do you actually need two?  The residents there wouldn’t mind a dead-end there.  Barile stated you have to give people ample space to turn around.

 

Kostka stated with two cul-de-sac’s are we going to turn John Street and Margaret Drive into one-way’s?  Barile stated with the cul-de-sac scenario you don’t need the one-way’s. 

 

Herb Eggers, 30 Maple Avenue, Pine Brook, stated he doesn’t see the need for a cul-de-sac in front of his house.  If you close streets off you are going to create problems on Bloomfield Avenue and Hook Mtn. Road.  The idea would be to control the speed.

 

Jason Jones, 20 Maple Avenue, Pine Brook, stated you do need to cul-de-sac and possibly have one-way intervention.  UPS & Fed Ex trucks speed.  Need speed intervention.  Asking you to do something.  We are a residential neighborhood with families and children.  We deserve to be safe. 

 

Pat Bucko, 7 Margaret Drive, Pine Brook, lives at the south end of Margaret Drive.  The best way is to put one-way streets in out to Bloomfield Avenue.  This would curb the speeding. Safety is the issue. 

 

Rob Eggers, 28 Maple Avenue, Pine Brook, is opposed to the cul-de-sac.  There is really not that much traffic on the street.  If you look at the traffic studies, you will find there is really not that much traffic.

 

Nielson stated we had asked our police department to enforce the speed limit and talk to the businesses about not using the side streets.  Is our police department having an effective policy down there?  I have heard from at least resident that they are still speeding.   If we know the peak hours we could have the police down there at those times.

 

Gallopo stated we did set up a radar trap at the wrong time of the day.  That is one of the reasons we wanted to put up the data collection devices.  The devices are to collect the data over a two-week period. 

 

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

 

Braden stated there is no solution that is going to make everyone happy.  I have a proposition – I understand that one-way streets are done by ordinance.  Let’s temporarily see if the one-way streets work.  I would like to see if the Township Committee would entertain the ordinance as a trial. 

 

Sandham agreed without taking any of the other options off the table.  Gallopo stated they will have the data by next meeting.  We are still making Maple Avenue a one-way speedway.  That is why we came up with cul-de-sacing both sides of the south end.  I don’t like temporary fixes.  The solution should be well thought out and agreed upon based on the data.  With potential of the development of the Lowe’s site the traffic will get worse.  We have to look at the next five years.

 

Kostka stated he would like to see the Engineer take a look at three-way stops.

 

Sandham stated the biggest issue is cut-through traffic to Route 80.  Making one-way’s would alleviate that problem. 

 

Braden stated they will let the subcommittee have at this and have them come back to us with their findings at the first meeting of March, 3/13.  Also, the Administrator is to speak with the Police Chief to have someone down there at peak times and to speak to the businesses.  Also, would like number of summonses issued on each street and log of how much time is spent down there.

 

NO. 1 – 2011 AND FUTURE GOALS PROGRESS REPORT:  Brewer reported you have the spreadsheet regarding the status.

 

Uniform Construction Code – shared service – to be revisited with neighboring towns.

 

Braden stated regarding resource review of department operations – the police study is in progress.  What is after the police department?  Hoping we can answer that question in the next two weeks.  They should come up with a list of which departments are next.

 

Succession planning – Brewer will get the draft document to the Township Committee by next meeting.

 

Employee evaluations – timeframe?  Brewer stated the draft document was done.  Sandham suggested asking Mr. Bastone to come back in, sit with the department heads, and do the evaluations.  Township Committee consensus – no.

 

Emergency notification system – Brewer stated the Nixle system is in use by the police department.  That is free.  He has been speaking to the Chief and Lt. Applemann to see how we want to proceed.  He and the Chief will have a recommendation with the next four weeks.  We would have to sign a contract for a system.  Braden stated he would like the numbers before we get into budget.  Nielson stated she offered to help with this.  The subcommittee – a meeting has not been called yet.  If the Technology Committee wants to get involved, that is fine.  Can our OEM and Police Chief be charged with this?  Brewer answered yes.

 

IT infrastructure improvement plan – ongoing.  Can the Technology Committee get involved?  Brewer stated yes. 

 

Edmunds system water & sewer target date – monies are appropriated since 2007.  Brewer stated we received a quote from Edmunds to do that.  Target date?  Brewer will discuss with the CFO.

 

Formulate a three-year strategic plan to comply with the 2% cap.  Gallopo stated the Long-Term Financial Planning Committee would have addressed that if they got the information they requested on January 11, 2011 regarding water and sewer.

 

Ensure Township books and records are accurately kept.  Make sure Ms. Yanke sees these goals.  Brewer reported significant progress has been made.

 

Ensure daily time and attendance records are accurate.  Brewer stated ADP software is ongoing to be implemented in early 2012.  Onus still remains on the supervisors.  Braden asked do we want to look into a time clock or hand scanner?  Brewer stated he has addressed this with the department heads.  He would like to be given a shot on reinforcing punctuality and that time is taken accurately, etc. with the supervisors.  Township Committee asked Mr. Brewer to do a survey of what other towns do.

 

Review of Township positions with recommended pay ranges based on current market conditions.  Refer to LTFPC.

 

Safety procedures and training.  Brewer stated there is a Safety Committee.  Safety training is per quarter for certain staff.  Our loss history has improved.  Braden requested the Township’s loss history.

 

Townhouse/Condos - once a week and seasonal garbage collection.  Explore to see if it is feasible.  Bid specs will be prepared in August.  There can be options for whatever the committee so chooses.

 

Brewer will provide updated list and the Township Committee will rank priorities.

 

NO. 3 – BOARD OF EDUCATION REQUEST:  Brewer reported the BOE is requesting working collaboratively to construct an access road to the ball field at Cedar Hill School.  Mr. Mazzaccaro has no problem with the resources.  Mr. Tevis said he would take care of noticing the residents on Pepper Road.  The BOE would like our conceptual agreement before they go ahead.  Township Committee agreed – commitment to labor only.  Brewer confirmed that is the request from the BOE. 

 

NO. 4 – MORRIS COUNTY OPEN SPACE COMMITTEE:  Brewer reported the Morris County Freeholders are requesting a person to serve a three-year term on the Morris County Open Space Committee.  Nielson stated she sits on this committee as a member at large.  It was discussed that she could switch to the Montville Township representative and then the freeholder’s could select a member at large from the County.  Mr. Purnell is very interested in serving.  We would have to get clarification if he can serve.  He is on the Open Space Committee – is that an appointed official?  Bryce stated generally an appointed official is someone on the Planning Board or Zoning Board.  I don’t know if that is what the County of Morris thinks.

 

Township Committee agreed – submit Doc Purnell’s name and see if they will accept that.  If the freeholder’s say no, you have to be an elected official, we will change Deb Nielson’s appointment to the elected official and submit Doc Purnell’s for the member-at-large.

 

PUBLIC PORTION:

 

Dan Pagano, 11 Roome Road, Towaco, stated he was here last meeting and had questions.  You said you would get back to me.  Braden stated we spoke about Plausha Park at length in closed session.  We decided to come back in two weeks and take the issue up again in closed session.

 

Gallopo asked which specific question.  Pagano asked who wrote Ordinance No. 2010-39.

 

Bryce stated I would assume it was bond counsel.  Pagano stated the e-mails indicate that legal counsel was involved from the very beginning.  Bryce stated Mr. Murphy was of the opinion that yes, as a courtesy they were involved in that, but they don’t draft the bond ordinance.  Pagano asked do you know who from the Township provided the information for the ordinance?  I ask the same question, and you fail to hold anyone accountable. 

 

Braden stated this is one of the most complex issues that we have ever faced.  We are doing our due diligence to come up with the right answers.

 

Pagano stated all I am asking is for someone to ask bond counsel who provided them with the information.  Regarding Pepper Road (Cedar Hill access road) – you said you didn’t want to discuss without notifying the neighbors.   Yet you talked about Plausha Park without noticing every person involved or possibly affected by that.  Braden stated Plausha Park was represented by the water company.

 

Braden stated I would venture out and say that water & sewer provided bond counsel with the information.  Pagano asked am I safe to assume that it was Tom Mazzaccaro, who is head of water & sewer?  Braden stated that would be my guess.  When I send an e-mail to the Township Committee I get no response.  Braden stated we can’t conduct business outside these chambers. 

 

Nielson stated you are entitled to answers.  Perhaps we can direct you to meet with our Administrator to come to a mutually agreed upon timeframe to get the answers.

 

Braden stated some of the questions you are asking we need to be careful about.  There are issues which require us to be in closed session.  I would like to refer this to our attorney to comment because I don’t want to give the air that we are trying to hold back information.  We are trying to do the right thing for the residents of Plausha Park.  This is a very complicated project and we want to work through it.

 

Bryce stated generally when you have these types of bond ordinances; there are a lot of people involved – water & sewer, finance, administrator, the attorney.  There are certain legal parameters the Township Committee are trying to ascertain so it can unfold in public.  They are going to have a policy debate to make everyone happy the best they can.  They are discussing what they are allowed and not allowed to do.  The entire process is going to be very public when it gets to that point.  The bond ordinance on tonight is to include any possible property that could be impacted so no one will be surprised in the future.

 

Pagano stated people need to be held accountable.  This affected my personal property.  I take it very seriously. 

 

Pagano asked how is it possible to talk about 70 pieces of property without the ten people who are not part of Plausha Park being notified?  Bryce stated the ordinance is just on for introduction.  They will be notified through the clerk’s office.

 

Pagano asked are the additional twelve homeowners being charged a special assessment because they will receive an added benefit – curb stop in front of their house?  Also, three homes – I don’t think they will receive a benefit.  One is in a nursing home.  I don’t think it is fair.   

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the two closed session items listed as attorney-client privilege – is that sufficient?  Bryce stated one was the Open Public Meetings Act compliance – refresher and update.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2012-01 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, PROVIDING FOR THE ADVANCE REFUNDING OF ALL OR A PORTION OF GENERAL IMPROVEMENT BONDS, SERIES 2004 AND ALL OR A PORTION OF OPEN SPACE BONDS, SERIES 2004, APPROPRIATING $7,850,000 THEREFOR AND AUTHORIZING THE ISSUANCE BY THE TOWNSHIP OF GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $7,850,000 FOR FINANCING THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 14, 2012, at 8 p.m.  Motion:  Sandham.  Second:  Kostka.  Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Braden, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2012-02 BOND ORDINANCE PROVIDING FOR THE EXPANSION OF THE WATER SYSTEM INTO THE PLAUSHA NEIGHBORHOOD IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $1,050,000 THEREFOR, AUTHORIZING THE ISSUANCE OF $900,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF AND DIRECTING THE SPECIAL ASSESSMENT OF PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 14, 2012, at 8 p.m.  Motion:  Sandham.  Second:  Gallopo.  Discussion:  Nielson stated in section six the language implies that every block and lot will be assessed.  Bryce stated he believes this was brought up to bond counsel and this was the appropriate language.  He will call bond counsel to confirm.

 

Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Braden, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2012-CA3:  Motion:  Gallopo.  Second:  Nielson.  Roll call vote all items with the exception of item F:  All yes.  Roll call vote item F:  All yes except for Sandham who abstained.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT:  2011, $2,456.80, Block 52, Lot 33 Q C079C.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT – TAX APPEAL STATE:  2011, $1,883.52, Block 82.7, Lot 50 Q C0237.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING TAX REFUND – VETERAN DEDUCTION:  2011, $250.00, Block 124.10, Lot 2.06.

 

CONSENT AGENDA ITEM D – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – GIUSEPPE LEMBO – PASSAIC VALLEY ESTATES – BLOCK 82.05, LOT 70:  20 Passaic Valley Road, PMSP/F03-23, cash $11,736.00.

 

CONSENT AGENDA ITEM E – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – RUSSELL AND ANGELA PISANO – COPPOLA COURT – BLOCK 125.05, LOT 14:  Cash $5,000.00 as per amended developer’s agreement dated 01/10/12.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING NON-EXCLUSIVE UNDERGROUND UTILITY EASEMENT FROM HOLIDAY MONTVILLE, LLC – BRIAR HILL DEVELOPMENT – VREELAND AVENUE:

 

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

            WHEREAS, the Township Engineer has reviewed the description and recommended the acceptance of the Non-Exclusive Underground Utility Easement; and

            WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Non-Exclusive Underground Utility Easement from Holiday Montville, LLC over a portion of Block 52.3, Lot 19 is hereby accepted in conjunction with the Briar Hill Development.

 

CONSENT AGENDA ITEM G – RESOLUTION RECOGNIZING TOWNSHIP EVENTS AND TOWNSHIP ENDORSED EVENTS:

 

            WHEREAS, the Township of Montville sponsors certain events throughout the year and endorses other privately held events for which it lends specified assistance; and

            WHEREAS, the Township Committee has adopted a policy whereby it will recognize Township and Township endorsed events by Resolution to be considered on an annual basis.

            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 there shall be two categories of events run or endorsed by the Township:

 

      Township Events – Events that are run by the Township (Including Board of Education Events).

 

            Township Endorsed Events – Privately held events that the Township will lend specified assistance to.

 

            BE IT FURTHER RESOLVED that the Township events and Township endorsed events for the year 2012 shall be as follows:

 

                        Township Events                                         Township Endorsed Events

Senior Picnic

Michelle Sullivan Fund Softball Tournament

Fishing Derby

Town-wide Garage Sale

Montville Day

TCA Picnic

4th of July

Jazz Festival

Clean Communities Programs

Lacrosse Alumni Picnic

Holiday Celebrations

VFW  Social Events

Egg Hunt

Pet Parents Book Sale

Pathways/Archway Events

Pet Parents Garage Sale

Concerts

Rotary Club Pancake Breakfast

Halloween

Truck Day – Pine Brook Jewish Center

Historical Society Events

Soccer Day

Drug Awareness Events

MBSA Parade

Fire Department Events

TCA Ice Skating/Winter Wonderland

September 11 Remembrance

Kiwanis Events

VFW Memorial Events

Chamber of Commerce Events (Sr. Seminar)

 

Band Competition

 

Relay for Life Event

 

            BE IT FURTHER RESOLVED that Township endorsed events must meet the following criteria:

 

1.         The event must be sponsored by a private non-profit organization located within the Township.

 

            2.         The event must be open to all Township residents.

 

3.                  Each organization shall be limited to one or two events per year.

 

4.                  Organizations utilizing Township-owned facilities must be in compliance with Montville Township Code Chapter 271, Sections 1-5.

 

5.         Each organization is required to inform the Township’s Management Specialist in writing the date of an event at least thirty days prior to the event.  The written notice must also include their request of the DPW and/or the Police.  Sign requests must be submitted in writing to the Zoning Officer at least thirty days prior to the event.

 

6.         The following assistance from the Township will be available for each endorsed event:

 

                        a.         DPW assistance for a total of 8 man-hours during normal workweek.

b.         DPW assistance for a total of 8 man-hours during the weekend (from May through October)

c.         Police Department assistance for a total of 8 hours the date of the event.

d.         Signs approved for publicizing events – must adhere to Township Sign policy.

e.         Forms regarding the event (Publicity and/or Applications) may be made available in the Town Hall Lobby.

CONSENT AGENDA ITEM H – RESOLUTION ACCEPTING BIDS FOR SALE OF SURPLUS PROPERTY:

 

CONSENT AGENDA ITEM I – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES TO THE TOWNSHIP OF MONTVILLE GENERAL FUND FROM THE MUNICIPAL COURT:

            Whereas, the following check has not been cashed, and the recipient claims no monies due:

            Check #1633, July 5, 2011, $35.00

           

            Whereas, the Township of Montville has been notified by Lakeland Bank that the checks was not cashed;

 

            Now, therefore, be it resolved, that these monies, $35.00, be transferred to the Montville Township General Fund as of this date.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING THE SUBMISSION OF A 2012 PLANNING INCENTIVE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – GREEN ACRES:

 

WHEREAS, 2012 Planning Incentive Grant Funds are available through the NJ DEP Green Acres program; and

 

            WHEREAS, the Township of Montville has an active Planning Incentive Agreement with the NJ DEP Green Acres program and an active local Open Space program;

 

            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 complete and submit a 2012 Planning Incentive Grant Application.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPROVING PLANS FOR THE SOCCER FIELD LIGHTING PROJECT AND AUTHORIZING PROMULGATION OF SPECIFICATIONS FOR BIDDING:

 

WHEREAS, the Township Committee has reviewed and approved of plans for the Soccer Field Lighting Project at Community Park; and

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

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey that the plans for the Soccer Field Lighting Project are hereby approved and the appropriate municipal officials are hereby authorized to promulgate specifications for bidding.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING THE EXTENSION OF CONTRACT FOR GRASS CUTTING:

 

            WHEREAS, bids were received on May 5, 2011 for grass cutting services for 2011 with an option to extend the contract for 2012; and

            WHEREAS, the lowest responsible bid was received from Cayenne Management Services; and

            WHEREAS, the contract was awarded to Cayenne Management Services which included an option to extend the contract for 2012 for a rate of $49,373.10; and

            WHEREAS, the Public Works Director has recommended that the Township extend the grass cutting services contract with Cayenne Management Services for 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 contract with Cayenne Management Services for grass cutting services shall be extended for 2012 in an amount of $49,373.10.

 

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

 

NO. 3 – RESOLUTION MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO NJSA 40A:2-51:

 

WHEREAS, the Township of Montville desires to make application to the Local Finance Board for its approval to adopt the following refunding bond ordinance:

 

1.                  Refunding Bond Ordinance of the Township of Montville, in the County of Morris, New Jersey Providing for the Advance Refunding of Certain General Improvement Bonds, Series 2004 and Certain Open Space Bonds, Series 2004 Appropriating $7,850,000 Therefor and Authorizing the Issuance of $7,850,000 General Obligation Refunding Bonds of the Township for Financing the Cost Thereof;          

 

WHEREAS, the Township of Montville believes that:

 

(a)        it is in the public interest to accomplish such purpose;

 

(b)        said purpose is for the health, welfare, convenience or betterment of the inhabitants of the Township;

 

(c)        the amounts to be expended for said purpose are not unreasonable or exorbitant;

 

(d)        the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township;

 

NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY as follows:

 

Section 1.        The application to the Local Finance Board is hereby approved, and the Township's Bond Counsel, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.

 

Section 2.        The Clerk of the Township is hereby directed to prepare and file a copy of the resolution and any other appropriate actions with the Local Finance Board as part of such application.

 

Section 3.        The Local Finance Board is hereby respectfully requested to consider such application and to record its approval as provided by the applicable New Jersey Statute.

 

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

 

NO. 4 – RESOLUTION APPROVING TRANSFER OF FUNDS 2011:

 

WHEREAS, various 2011 bills have been presented for payment this year, which bills represent obligations of the prior fiscal year and were not recorded at the time of transfers done between the 2011 budget in the last two months of 2011; and

 

            WHEREAS, N.J.S. 40A:4-59 provides that all unexpended balances carried forward after the close of the fiscal year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances to those which are expected to be insufficient during the first three months of the succeeding year:

 

NOW, THEREFORE, BE IT RESOLVED by the Committee of the Township of Montville, (not less than two-thirds of all members thereof affirmatively concurring) that the transfers in the amount of $4,906 be made between the 2011 Budget Appropriation Reserves as follows:

                       

From:

                        Roads S/W                                         $2,542

                        Police S/W                                          $2,364

                                                                                    $4,906

                        To:

                        Roads O/E                                          $2,542

                        Professional Fees                               $2,364

                                                                                    $4,906

                                                                                                                                   

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

 

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

 

NO. 5 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

 

NO. 6 – RESOLUTION AUTHORIZING 2012 TEMPORARY EMERGENCY APPROPRIATION – WATER UTILITY BUDGET:

 

            WHEREAS, an emergent condition has arisen with respect to the water utility fund appropriations; and

 

            WHEREAS, no adequate provision has been made in the 2012 temporary budget for the aforesaid purpose, and NJSA 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

 

            WHEREAS, the total emergency temporary resolutions adopted in the year 2012 pursuant to the provisions of Chapter 96, PL 1951 (NJSA 40A:4-20) including this resolution total $150,000.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville (not less than two-thirds of all members affirmatively concurring) that in accordance with the provisions of NJS 40A:4-20 that emergency temporary appropriations be made and that said emergency temporary appropriations shall be provided for in full in the 2012 municipal budget so adopted:

 

            CAPITAL IMPROVEMENTS

                        Capital Outlay                                     $150,000

 

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

 

NO. 7 – RESOLUTION AUTHORIZING 2012 TEMPORARY CAPITAL BUDGET AMENDMENT:

 

            WHEREAS, the local capital budget for the year 2012 has not been adopted; and

 

            WHEREAS, it is desired to introduce a capital ordinance;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville, County of Morris, that the following temporary capital budget amendment of 2012 be made:

 

            Expansion of Water System into the Plausha Neighborhood, total estimated project cost $1,050,000; 2012 budget appropriations $150,000, debt authorized $900,000.

 

            Six-year capital program 2012-2017 anticipated project schedule and funding requirement:  Expansion of Water System into the Plausha Neighborhood, total estimated project cost $1,050,000; budget year 2012 $1,050,000.

 

            Six-year capital program 2012-2017 summary of anticipated funding sources and amounts:  Expansion of Water System into the Plausha Neighborhood, total estimated project cost $1,050,000; budget appropriations – current year 2012 - $150,000; Bonds and notes – self-liquidating - $900,000.

 

            BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services.

 

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

 

Committeeman Gallopo asked regarding the events resolutions, what is the difference between a Township event and a Township endorsed event?  Brewer stated there are Township events that are ours.  Endorsed events such as the Montville Pet Parents Book Sale are events we lend certain resources to.  There is a policy. 

 

Nielson reported she and Jim Sandham attend Sheriff Rochford’s tour of the new correctional facility.  It has been in operation since 2000.  Their budget is $27 million and has not increased since 2000.  The inmates are released not only to the SLAP program, but they are also available for municipal and civic activities, and they get paid $1 a day.  Municipalities can avail themselves of this on a case-by-case basis.

 

RESOLUTION NO. CES-012412A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12: 

1.      Litigation:  Stefanelli

2.      Personnel

 

Motion:  Nielson.  Second:  Sandham.  All in favor.  Motion approved.

 

Closed session at 10:40 p.m.

 

Meeting adjourned at 11:18 p.m.  Motion:  Sandham.  Second:  Gallopo.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

 

Approved August 14, 2012

Montville Township Committee

 

 

                                                           

Tim Braden, Mayor

 

 

Last Updated ( Friday, 17 August 2012 )
 
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