MTC Meeting Minutes 02-28-12 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, February 28, 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

Katie Yanke, Director of Finance

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-022812 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:  Government Management Advisors

2.      Personnel

3.      Litigation:  Tax appeal Block 167, Lot 13

4.      Potential litigation.

5.      Attorney-client privilege:  Water assessment options

 

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

 

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

 

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

 

Prayer and Pledge of Allegiance led by Committeewoman Nielson. 

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  No report.  All are agenda business items.

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – COMMITTEE LIAISON REPORTS:  Committeeman Gallopo reported – Technology Committee - the projectors will be complete by the end of the week. 

 

Committeewoman Nielson reported the Long-Term Financial Planning Committee met twice in February to discuss sewer rates.  They have received all the information they requested.  Mr. Mazzaccaro was present at the last meeting and he provided a lot of supplemental information as well.

Committeeman Sandham reported Recreation is working on a scheme/layout for the Metro property.

 

Sandham congratulated the Chamber of Commerce award winners.  Also, Stephanie Jennis received a Prudential Community Service award for her work with disabled children.

 

Financial reports – received one from the senior club.  Are we going to pursue them from all of the clubs as requested?  Hopefully we will get those.

 

Committeeman Kostka reported the Library ended the year with $400,000 plus.  Allan Kleiman has been doing a great job.

 

Chairman Braden reported the Library has a new electronic sign.  They will make it available to the sports groups and civic organizations. 

 

Historic Preservation Review Commission met last night.  Mr. Oostdyk, Township Attorney, joined us.  He explained our ordinance has some ambiguities and overlap in a couple of our ordinances.  He is working to clear that up.  He asked for the HPRC’s input.   They are very receptive in assisting the Township in doing that.

 

Braden asked the Township Clerk when the ethics forms are due.  Trudy Atkinson, Township Clerk, responded around April 15th.

 

Braden acknowledged the Chamber of Commerce winners.

 

NEW BUSINESS:

 

NO. 1 – LAND USE REVIEW COMMITTEE PRESENTATION:  Gary Lewis, Chairperson; and Ron Young, Vice-Chairperson, present.  Gary Lewis stated the nine-member committee was established with a charge to review Montville’s land use procedures – how to make that system work more efficiently, more cost effective, more user-friendly while still maintaining the protection of Montville Township’s quality of life.  The committee concluded that Montville’s land use system measured up relatively well to the surrounding communities we looked at.  Meghan Hunscher, Principal Planner, and Tony Barile, Township Engineer, were invaluable and cornerstones to this.

 

The best way to introduce you to the report is to turn to page 19.  The board took a look at six general categories:

 

1)      Public perception issue – land use boards – applications, etc.

2)      Improve transparency – land use boards – public confidence.

3)      Page 20 – cost to residents and businesses.  Montville faired relatively well already compared to other communities.  There are a series of recommendations that will decrease costs to residents and increase revenue to the municipality at the same time.

4)      Lack of education and communication.  Spent a lot of time discussing how to better educate the public at the start.  The staff is working proactively in anticipation of this report coming out.

5)      Department procedures - customer service.  There are a series of tasks to enhance customer service.  Ms. Hunscher and Mr. Barile have embraced these changes.

6)      Balancing of property rights.  The committee made a number of recommendations to the boards.

We put this work plan in a very easy to use task chart.

 

Ron Young thanked Gary Lewis.  He worked hours with Ms. Hunscher to put the report together.  We did work very hard to be fair to the community and to the governing body.

 

Township Committee – put report on website.

 

Lewis stated a lot of the issues don’t require legislative action, but they require buy-in from the two land use boards and all of the advisory boards that serve the land use boards.

 

Sandham stated he would like to digest this, have it back on the agenda in the next few weeks, and invite public comment.

 

Nielson stated she read the report in its entirety.  Would like to thank all of the seven volunteers for all of their work and effort.  I would recommend that the Township Committee accept the report in its entirety.  Would like to see dollars needed, timeframes, and staffing resources.  It would be appropriate to put it back on the agenda.

 

Braden stated invite the public on the website.  Nielson stated also perhaps on Patch or Neighbor News and set a deadline for the public to submit comments.

 

Gallopo stated he agrees with Committeeman Sandham.  Invite public comment and have as an agenda item.

 

Lewis stated we were asked to address a particular set of concerns, and we did. 

 

Agenda item March 27.  Township Committee requested Mr. Lewis attend.

 

Sandham asked if the committee got into requirements that might take Township Committee action – requirements for decks, etc.

 

Lewis stated the solution to the majority of those issues was addressed in the land use amendment adopted in November.

 

Kostka stated the report is very thorough and efficient.

 

Braden stated the Township Committee is the complaint department.  One of the biggest complaints was the land use application process.  You did a fantastic job.  It is a fantastic report.

 

OLD BUSINESS:

 

PLAUSHA PARK WATER SYSTEM ASSESSMENT OPTIONS:  Chairman Braden added this item.  Nielson stated we have been advised that Mr. Brewer and staff have been getting numerous calls from residents who are not part of the Plausha Park Water System and were never part of it.  We would like to discuss the potential assessment, or not, of the ten homes that are not part of the Plausha Park water system.  The proposed improvements will go in front of their homes, and we were advised to include them in the ordinance for a potential assessment – either zero or up to $10,000.

 

The Plausha Park folks approached us because they had issues with their water service.  We had discussions with them and came to an agreement.  We did not have initial discussions with the other potentially ten affected homeowners.  In my opinion, there is no need to assess those ten homes.  There is potential benefit - the water line will go past their home.  All of these ten homes have wells.  If they would like to contribute toward a curb stop as a safeguard if their current well fails or they choose to hook up to the municipal water system – an assessment would be appropriate in the approximate range of $1,500.  It is voluntary, not mandatory.

 

Sandham stated he is general agreement.  The Plausha Park project does have a cap of $600,000.  Now that the Township is bearing the brunt of the overage, if all ten happen to take the curb stop – my view is that goes to offset the overage on the Township side.

 

Kostka stated if you don’t choose the curb stop now, but in the future you do, your cost would be significantly higher.  I am in agreement for those ten that there will be no assessment.  It will be optional:

 

Option 1 – line goes by your house.

Option 2 – curb side hook up - it will cost you a fee.  Then if you connect, there will be a connection fee.

Option 3 – If you do nothing now, you will incur future costs and road repairs.

 

Braden stated and there is a five-year moratorium on road openings.

 

Gallopo stated we felt we needed to add some clarity for the ten who potentially could be assessed and for the Plausha Park members so they understand that if we do receive the curb fee it would be going to the Township for the costs of the project.

 

Braden stated this was a very difficult issue for the Township Committee.  We wrestled with this.  We felt what we came up with was fair and equitable.

 

Nielson stated if we do vote for this, I suggest the ten get a certified letter explaining the three options so the choice is theirs. 

 

Kostka stated the Plausha residents – 61 – their monthly charge would be approximately $54.50 per month over the next 20 years.  For the others, it is a lump sum cost.

 

Braden stated basically we are voting to amend the ordinance to delete the ten.  Martin Murphy, Township Attorney, stated it is not an assessment.  It is a one-time charge.

 

Prepare ordinance for introduction on March 13.  Township Committee – all agreed.

 

NO. 2 – MAPLE AVENUE AREA TRAFFIC:  Brewer stated they are on target for a traffic study report on March 13.

 

PUBLIC PORTION:

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated in 2002 the Grawehr property was purchased with open space funds.  In 2009 the Township received a letter from the law firm of Casha & Casha on behalf of Mommy & Me requesting an encroachment on the open space land.  This has been reviewed by various Township staff and professionals.  They all know it is open space land.  No one objected to the sale of this land.  Ordinance 2011-20 – the record does not indicate any open discussion that this was open space land.  This action has demonstrated a total lack of openness and transparency. 

When this land is returned back to open space, the Mommy & Me application will be in violation of ten ordinances and should be rejected outright.  I have copies of all the documents I OPRA’d if you would like to review them.

 

Kim Bott, Towaco Civic Association, stated the pavilion at Camp Dawson is going to be a little smaller than they originally stated.  They raised $20,000.  We do need some help preparing the site.  Nine footings need to be put in – 12” in diameter.  Asking for the DPW’s help.  Brewer stated Mr. Mazzaccaro does not object to this.  Township Committee – ok.

 

Quatrone stated she would advise that you talk to the Township Attorney.  This is open space and may have to put up for voter referendum.

 

Sandham stated this was on the plan approved by the NJDEP.

 

Scott VanKoppen, President, MBSA, stated this year is their 60th anniversary.  All are invited to the opening day ceremony.  Flooding – the parking lot is in dire need of some help – paving or repaving.  Distributed pictures.  We have tried to re-patch it.  They did provide Mr. Brewer and FEMA with cost estimates.  The Township Engineer did the estimate.

 

Brewer stated we included it in the claim to FEMA, but I don’t believe they will reimburse us for the parking lot.  Township Committee asked Mr. Brewer to refer it to the Township Engineer for a cost estimate by next meeting. They will then decide what to do.

 

Al Puleo, 7 Navajo Court, Montville, representing the Lake Valhalla Club and Valhalla Civic Association, spoke about the PSE&G proposed access road.  It has been changed to widening the trail.  Braden stated he reviewed the maps.  They are using the glen trail that goes off to the west to Boonton Avenue.

 

Puleo stated we were at the Morris County Park Commission meeting last night.

 

Brewer stated we have multiple sets of plans that show various items.  We reached out to the PSE&G representative who will meet with Township officials and interested residents.  We will set that meeting up.

 

Puleo stated at the Morris County Park Commission meeting, they were going to set up a meeting also, and we invite the town.  Nielson and Gallopo will be the Township Committee representatives.

 

William O’Dowd, asked if the introduction of the land use ordinance is followed by the public hearing on March 13.  Braden stated yes, that is the schedule. 

 

O’Dowd stated I request that you consider giving me March 27 because I have my professional available.  He is not available on the 13th.  Braden stated it is an amendment to the land use ordinance which deals with political signs, accessory uses, etc.  That is the amendment.

 

Murphy stated the Planning Board did not recommend the change; but it would be appropriate for Mr. O’Dowd to discuss it.  The public hearing on the ordinance is the appropriate time.

 

Township Committee consensus – Mr. O’Dowd can present at the ordinance public hearing which will be scheduled for March 27.

 

Nielson asked can they possibly start public session earlier if the agenda is heavy?  They don’t have to decide now.

 

Dan Pagano, 11 Roome Road, Towaco, stated regarding Plausha Park, I would like to thank you. 

 

Ordinance No. 2012-06 – Marketplace – why would we use taxpayer dollars to purchase a piece of property that is mainly wetlands?  It is not Montville Township money, but it is taxpayer dollars.

 

Water & sewer surplus – it was suggested that it is a good problem.  I have difficulty understanding how when ratepayers are overcharged that is a good thing.  What was the surplus before these increases went into effect?

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated there have been a number of break-ins in town.  A couple of years ago when this happened the Police Chief gave a report.  I was wondering if you could report on that.

 

Philip Beskid, 14 Redding Place, Towaco, stated he is one of the ten that was added to the list (Plausha Park).  Can you make an amendment to the ordinance to remove our block and lot numbers from it?  Braden stated that is our intention. 

 

Frank Lechleiter, 13 Barney, Road, Towaco, stated he is one of the ten – like what I hear about giving us some options.  Our block and lot numbers are being removed from this?  Murphy stated the ordinance will be amended to remove the block and lots.  You will not be part of the assessment.  If you want the curb stop, you will pay the fee. 

 

Lechleiter asked $1,500?  Braden stated we asked our contractor to come up with the number for materials, labor, and there are some administrative costs. 

 

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

 

Nielson asked the letter I asked to be sent (Plausha Park) – would it be now or when the ordinance is adopted?  Murphy stated no problem with sending it now pending the adoption of the ordinance. 

 

Sandham stated he would like a legal opinion on the Grawehr issue.  Murphy stated it was treated as a lot line adjustment.  Sandham stated this was a lot line adjustment that was already an encroachment on the property when we bought it.

 

Nielson stated there was no net loss of open space property.  It was a swap.  Brewer stated he had discussions with the NJDEP Green Acres and it was a lot line adjustment.

 

Gallopo stated the accusation that we used open space property illegally and without transparency was false.

 

Braden stated water & sewer surplus – good problem – giving money back to people is a better problem than charging more money from people.

 

Braden stated the burglaries – you can sign up on Nixle.  You are looking for what the police are doing?  Will take up offline. 

 

Sandham stated water & sewer – the issue came out because we had projections where the expenses were higher and they didn’t come to fruition.   We ended up saving money rather than having a deficit.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2012-03 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $12,000.00:  Glenview Woods/Bonnieview.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2012, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Braden, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2012-04 AMENDING SEVERAL SECTION OF CHAPTER 230, “LAND USE DEVELOPMENT AND REGULATION,” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE RELATED TO POLITICAL SIGNS, ACCESSORY USES NORMALLY INCIDENTAL TO COUNTRY CLUBS, AND WHOLESALE AND RETAIL MARKETING OF AGRICULTURAL OUTPUT FROM FARMS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 27, 2012, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Braden, yes.  Motion approved.

 

NO. 3 – ORDINANCE NO. 2012-05 CALENDAR YEAR 2012 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (NJSA 40A:4-45.14):

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2012, at 8 p.m.  Motion:  Nielson.  Second:  Gallopo.  Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, yes; Braden, yes.  Motion approved.

 

NO. 4 – ORDINANCE NO. 2012-06 AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF BLOCK 123, LOTS 19, 20, AND 20.01 FROM SMK ENTERPRISES INC.:  Marketplace.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2012, at 8 p.m.  Motion:  Nielson.  Second:  Gallopo.  Discussion:  Murphy stated he has received a signed contract from the property owner.

 

Gallopo stated his concerns – both philosophical and hopefully not legal.  It has been vetted by legal and the County.  It does cost the taxpayers in the County.  Will reserve comment for the public hearing.

 

Kostka asked the acreage and what is usable.  Nielson stated it is approximately 35 acres.  She does not recall the usability.  There were 14 residential buildable lots proposed.  Kostka requested the usable acreage for next meeting.

 

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

 

OLD BUSINESS:

 

NO. 1 – 2012 MUNICIPAL BUDGET:  Brewer referred to his memo:  You have replacement pages, exhibits, and summary information.  Total budget increase of $212,421 or .75% over the 2011 budget appropriations.  3.31% increase on the tax levy.  Although this percentage is beyond 2%, as a result of exceptions, it is compliant with the 2% cap.  Total $8,350,041 in appropriations represents a .91% decrease from 2011.  Increases are in new hires, codification, insurance, and fuel.  Decreases are in PERS, PFRS, and recycling contractual savings.  Salary/wage $9,041,263 – 2.48% increase over 2011.  There is obviously a lack of revenues, and there is an impact from tax appeals.

 

Nielson asked did anyone get you their list of questions yet?  Brewer stated I have not received any other questions besides a few from Mr. Gallopo before the meeting on the 14th.  Nielson stated we just got the revenue projections. 

 

Gallopo stated our expenses have gone down.  Unfortunately, our revenue has also gone down significantly.

 

Kostka asked in 2011, how much was paid out for tax appeals?  Brewer stated the checks cut in 2011 were $92,000.  Loss of revenue $600,000.

 

Kostka stated we take a hit on the tax appeals.  We are disbursing to the Board of Education what we have to disburse, but we take it on the chin.

 

Sandham stated we have an appropriation for reserve for uncollected taxes.  Brewer stated the recent appeals have inhibited our ability to regenerate funds.

 

Brewer stated the Division of Local Government Services deadline to introduce the budget is March 9.  We can request an extension.  Issue is the revenue.

 

Township Committee discussed if they want to have a special budget meeting.  Sandham stated he only has a few questions:  reconfirm the library surplus.  Storm charges – can we anticipate any reimbursement?  Anticipated police hires – are there ways to go through an alternate route?

 

Kostka stated he is thinking the library number will be around $400,000.

 

Brewer stated recycling – the $143,000 appropriation is relative to Hurricane Irene.  FEMA – we have had to readdress the applications a number of times with them.  I don’t know if we can anticipate the revenue in 2012.  How much and when I don’t know.  Sandham stated it would behoove us to get something documented so we can anticipate that.  Brewer stated he is trying.

 

Kostka stated alternatives to the police – is it possible for you to work up what those savings will be?  Brewer stated he has concerns about civil service.  I am eager for Mr. Canning to start for his knowledge.

 

Sandham stated his goal would be to get the tax levy down to 2%.

 

Nielson asked salary/wage police new hires $110,000?  Brewer stated there is $110,000 in police salaries - I am not sure if all of that is for new hires.

 

Nielson stated we have a consultant currently preparing a report with potential cost savings and efficiencies.  It may also indicate that we need to spend money.    

 

Nielson asked celebration of public events $35,000?  Brewer stated there is $15,000 that was removed from the police overtime budget as directed by the Township Committee for the 4th of July event.  The remainder is what was Montville Day. 

 

Nielson stated we did not have Montville Day last year.  Prior to that the cost was approximately $12,000 so that particular item seems heavy to me.  Mr. Braden and I met with folks from UNICO about the San Genarro festival, which would be held around the time Montville Day was held.  Braden stated UNICO San Genarro – they are receptive to having civic groups to display their booths. 

 

Nielson stated gasoline prices are rising?  Is the appropriation sufficient?  Brewer stated gasoline is a tough line item.  That number may be low.  It may need to be increased.

 

Nielson stated this year we have not had a lot of incidents of snow fighting – have we achieved some savings there potentially?  Brewer stated we haven’t expended as much funds as we might have had there been more snow.  The Township does have a snow trust which allows us to be able to deal with harder winters and lighter winters.

 

Gallopo stated San Genarro festival – have we budgeted for Police and DPW overtime?  Braden stated there is no cost to the Township beyond the 8 hours of DPW and 8 hours of Police.

 

Gallopo stated we have a number of retirements in the Police Department.  We don’t have a reserve for accumulated leave.  I think we will be hit hard in 2013 and 2014 with accumulated payouts as a result of these retirements.

 

Sandham stated they will also have a savings differential in salary/wage.  Brewer stated we do have a reserve; however, it is not exactly flush.

 

Gallopo asked should we be picking apart appropriations again that are not personnel related?  Braden stated it is certainly worth our time.  Request for three patrol vehicles – someone knocked it down to two.  Analysis – who does that to see if we should repair or purchase new?  Brewer stated the Police Chief and his staff.

 

Braded asked would it be better to repair?  I would be curious to see that analysis.  Brewer stated he will speak with the Chief and come back with a more detailed answer.  Sandham stated we need to have a replacement plan.

 

Brewer stated issuance of debt.  There are a number of notes coming due in April.  Can rollover or issue permanent debt.  Sandham stated I would like to go back and see if there are savings in the ordinances.  Would get this set to go in the summer.  I would get new bond anticipation notes and roll them over.

 

Kostka asked how long the BAN’s have been out. 

 

Katie Yanke, Director of Finance, stated you have to start making the interest payments every year.  The minimum payment is the third year.  Two – water & sewer capital - we have started making the minimum payments on.  The general capital note we just issued last year. 

 

Brewer stated capital expenditures for water & sewer utilities, previously we used a cost sharing between capital outlay and bonding.  There has been discussion on whether we fully fund the capital projects for 2012.  Capital projects 2012 - $160,000 water utility; $418,000 sewer utility.  Discussion ensured regarding water and sewer surplus, the utilization of it, the refunding of it, bonding, etc.  The Long-Term Financial Planning Committee will be providing an analysis.

 

Brewer stated the question for budget preparation now is whether to put an appropriation in for interest or for capital outlay. 

 

Nielson stated the Long-Term Financial Planning Committee is also discussing the water & sewer allocation.  That is a key factor in the budget going forward.

 

Brewer stated for water he will do a capital outlay.  For sewer he will do the cost sharing between capital outlay and bonding.  You can change it in the future if you want.

 

Township Committee consensus – tax levy – reduce to a target 2% ceiling increase. 

 

Brewer stated Katie Yanke, who started on January 2, has done a phenomenal job.  I want the committee to be aware of that.

 

Township Committee to send questions to Mr. Brewer.  Copy all Township Committee members.  Responses will be in next meeting’s packet.  Deadline for questions March 5 close of business.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2012-CA5:  Motion:  Nielson.  Second:  Gallopo.  Roll call vote – all yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – PINE BROOK PIZZA HUT, LLC – BLOCK 176, LOT 4.2):  34 Route 46 West.  Cash $1,200.00.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE ISSUANCE OF LIMOUSINE OWNER’S LICENSE AND LIMOUSINE DRIVER’S LICENSE:  For 2012.  Edward Zeldin, 23 Aynsley Court, Montville – owner and driver.

 

CONSENT AGENDA ITEM C – PROCLAMATION READ ACROSS AMERICA MARCH 2.

 

CONSENT AGENDA ITEM D – APPOINTMENT TO HISTORIC PRESERVATION REVIEW COMMISSION:  Tracy Schuly, Alternate #2, unexpired 2-year term ending 12/31/13.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING CHANGE ORDER #2, ACCEPTANCE OF THE DAVID, JOAN, GREGORY DRIVE SEWER PROJECT, AND FINAL PAYMENT TO MSP CONSTRUCTION CORP.:

 

WHEREAS, MSP Construction Corp. is the contractor for the David, Joan, Gregory Drive Sewer Project; and

 

WHEREAS, it has been determined that changes to this Contract are necessary; and

 

            WHEREAS, MSP Construction Corp. has submitted a Change Order for a decrease to the original contract in the amount of $86,400.00 for the deletion of final milling and paving work from the contract  as set forth in the Change Order Authorization Form attached hereto; and

 

            WHEREAS, the Township Consulting Engineer has recommended the change order, that the David, Joan, Gregory Drive Sewer Project; be accepted by the Township, and that final payments be made; and

 

            WHEREAS, MSP Construction Corp. has agreed to post the required Maintenance Bond and file the Affidavit of Release of Claims.

 

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following change order is hereby approved:

           

                                    Original Contract:                                $287,448.00

                        Adjusted Amount Based on

                                    Change Order No. 1 & 2:                    $217,048.00

                        Decrease on the Contract:                        -24.5%

 

                                                                                                            ; and be it further

 

            RESOLVED that the Township of Montville accepts as final the David, Joan, Gregory Drive Sewer Project; and releases to MSP Construction Corp. final payment in full; and be it further

 

RESOLVED that the release is subject to MSP Construction Corp. posting a satisfactory maintenance bond and an affidavit of release of liens/claims.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING 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 $11,594 be made between the 2011 Budget Appropriation Reserves as follows:

 

 

 

 

 

 

 

 FROM

 

TO

 

 

 

 

 

SEWER UTILITY FUND

 

 

 

 

 

 

 

 

 

SEWER UTILITY S/W

 

 $     11,594

 

 

SEWER UTILITY O/E

 

 

 

 $  11,594

 

 

 

 

 

 

 

 $     11,594

 

 $  11,594

 

 

 

 

 

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 – all yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND DYKSTRA ASSOCIATES:

 

            WHEREAS, there exists the need for a survey in connection with the Marketplace tract acquisition - Block 123, Lots 19, 20 & 20.01; and

            WHEREAS, three quotations were received and the contract can be awarded without competitive bidding as it is below the bid threshold; and

            WHEREAS, the maximum amount of the contract shall not exceed $6,625.00 as per proposal dated February 23, 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, as follows:

 

            1.         The Township Administrator is hereby authorized and directed to execute an agreement for survey services in connection with the Marketplace tract acquisition for a total amount not to exceed $6,625.00.

 

Motion:  Nielson.  Second:  Sandham.  Discussion:  Braden asked the seller is reimbursing us for this?  Murphy stated in the contract there is a provision that the seller will be responsible for our costs to a maximum of $20,000 – title search, survey, etc.

 

Roll call vote – all yes.  Resolution adopted.

 

NO. 4 – RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND BOUCHER & JAMES, INC.:

 

            WHEREAS, there exists the need for environmental consulting services in connection with the Marketplace tract acquisition - Block 123, Lots 19, 20 & 20.01; and

            WHEREAS, three quotations were received and the contract can be awarded without competitive bidding as it is below the bid threshold; and

            WHEREAS, the maximum amount of the contract shall not exceed $1,700.00.

            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.         The Township Administrator is hereby authorized and directed to execute a letter agreement dated February 20, 2012 for environmental consulting services in connection with the Marketplace tract acquisition for a total amount not to exceed $1,700.00.

 

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

 

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

 

NO. 6 – RESOLUTION AMENDING 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, Montville Soccer Association and the Township agreed that the fields located on the property should be improved by the installation of field lighting and agreed to share the costs of the field lighting improvements subject to certain terms and conditions; and

            WHEREAS, Montville Soccer Association and the Township have agreed to amend the agreement to clarify that the contribution by the Association shall be held by the Township and used only for the lighting 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 appropriate municipal officials are hereby authorized to execute an amendment to the Agreement between the Township of Montville and the Montville Soccer Association for field lighting in the form attached hereto.

 

Motion:  Nielson.  Second:  Gallopo.  Discussion:  Murphy stated this clarifies a paragraph in the agreement to clarify the escrow fund.

 

Roll call vote – all yes.  Resolution adopted.

 

COMMITTEE COMMENTS:  Chairman Braden stated San Gennaro – we suggested UNICO contact the library and the Board of Education about using the property – permission.  Nielson stated they talked about having it over three days – food and games of chance.  Beginning of September.

 

Braden reported tomorrow night is the Evangelical Mission dinner.  Also, we were contacted by the San Dol Church to join them for a dinner to meet church officials – April 14 or April 21.  He will confirm the dates.

 

Meeting adjourned at 10:30 p.m.  Motion:  Gallopo.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Approved September 11, 2012

Montville Township Committee

 

 

                                               

Tim Braden, Mayor

 

 

Last Updated ( Thursday, 13 September 2012 )
 
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