MTC Meeting Minutes 03-13-12 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, March 13, 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

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-031312A 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:  Property Tax Revaluation

2.      Personnel:  Potential retirement/outsourcing

3.      Contract negotiations: Land Conservancy of NJ

4.      Personnel:  Water & Sewer Consulting Engineer

5.      Personnel:  Bond Counsel

 

Motion:  Sandham.  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 led by Committeeman Sandham. 

 

Adam Brewer, Interim Township Administrator, was excused and left the meeting at this time – 8:05 p.m.

 

PRESENTATION OF THE FLAG AND PLEDGE OF ALLEGIANCE LED BY MONTVILLE TOWNSHIP GIRL SCOUTS.  It was also acknowledged that this is the 100th Anniversary of the Girl Scouts.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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 environmental consulting.

 

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

 

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

 

NO. 2 – 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):

 

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

 

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

 

NO. 3 – 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 property.

 

Chairman Braden opened the public hearing.

 

Mike O’Brien, 92 Pine Brook Road, Towaco, stated he is startled by the $1,800,000.  From the 1960’s people tried to develop that property.  It is wetlands.  Concerned about where the $1,800,000 is coming from and about that price when it is near a river and floodway.  Not sure enough research has been done.    I understand appraising.  You can get different appraisals from different people.  I think research needs to be done on this as to the amount of money and from what source.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated this property was assessed at $732,000.  There was an appeal last year and it went to $600,000.  There was a second lot that was assessed at $114,000.  It seems to me we are overpaying based on our own town’s assessment.  I am in concurrence that this should not be passed tonight.  We need to do some research.  At the county I found an agreement that was already entered into between Montville Township and the owner.  Would like that explained.

 

Kurt Dinkelmeyer, 33 Douglas Drive, Towaco, stated in December 2004 SMK purchased it for $760,000.  All lots combined purchase price in 2004 was about $860,000 to $900,000.  2009 appraisal for $1.8 million.  How it can be appraised at that?  How can the Township get open space land without paying for it?  The seller is supposedly giving $450,000 back.  I don’t see how this is a transfer.  What does Montville get out of it?  Montville gives a 1099S form to the seller that he gave a gift of $450,000.  If the property is not worth $1.8 million how can it be worth $450,000?  Who did the appraisal?  A certified appraiser?  Who paid for it?  How was the appraisal done – methodology?

 

Open space law – do the Morris County Freeholders know they are paying for the whole thing cash wise?  Does this violate the open space law or the intent of the open space law?  Would strongly suggest that this be sent back to the Open Space Committee.  Would suggest the Township Committee review and do further investigation before a vote is made on this ordinance.

 

Scott Russell, Sunset Court, Montville, stated driving by, it looks like a real waste of money.  It seems way overpriced.  A couple of people, I have heard, on Open Space are opposed to it.  I oppose it strongly.

 

O’Brien stated he would like to know the fair market value on the property.  Right now there is no fair market value on this.

 

Steve Schepis, Esq., on behalf of SMK Enterprises, stated the assessment in 2011 – if you double it – approximately $1.4 million market value.  Did not develop it because they were going for a zone change.  The zone change never went through.  It is residential.  It is true there are water courses, a floodway associated with the property, and transition areas.  12 acres uplands.  The Township applied to the county.  Appraisal done $1.8 million.  Either the property will be developed or the Township will buy it.  If it is developed, they would have to import fill.  This is one of the rare opportunities the Township has to preserve open space in the Rockaway River watershed in order to prevent the importation of fill.  I would submit to you by acquiring this property, you are assisting in flooding prevention by maintaining the property as open space. 

There is a pristine nature of this property.  If that area is disturbed it will be lost to certain habitats.  There is a walk plan.

 

The appraisal came in at $1.8 million.  The Township lowered the price by $450,000 using no local money.  The Township is also requiring that my client pay the title insurance, survey, etc.  I personally believe the property is not suitable for residential development.  There are very few alternatives for the developer other than to pursue a conforming development.  It gives you the opportunity for walking trails.  I would submit to you that this Township Committee and its professionals have done an excellent job to bring my client to the point of what the county wants to pay, and they would make a donation to the Open Space Trust Fund. 

 

There is a grant that is available at the county that expires in June 2012.  This is a rare opportunity where you can acquire 40 acres and a great benefit to the taxpayers of the Township. 

 

Quatrone asked who the principals of SMK are.  This property was sold to SMK from Marketplace for $10. 

 

O’Brien stated he threatened you.  He said if you don’t buy it, they would get a waiver from the state, fill it, and let people be flooded out downstream.  The houses on the corner were bought out by the town years ago in the area of the flood area.  You have a tough job on this one.

 

Dinkelmeyer stated the deed for lot 19 and Block 54, lot 8 have attachments.  One of the attachments stated the price was $760,000.  I would ask that no decision be made on this ordinance until everyone on the Township Committee gets to review the appraisal from 2009.  An appraisal from 2009 is a few years old and should not be acceptable. You should require a new appraisal.  I would ask that you release a copy of the appraisal so members of the public can look at it.  SMK and Marketplace are related corporations. 

Dan Grant, 109 Revere Court, Montville, asked how long is an appraisal good for on a purchase of open space?  This property was before the Planning Board on at least two occasions.  One was a concept and one was a zone change.  Both were turned down.  I agree you should take a look at this to see if it is worth it.  I am also intrigued by the fact that the Open Space Committee takes no position on this property.

 

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

 

Chairman Braden asked the legality of this purchase.

 

Martin Murphy, Township Attorney, stated his office has been in touch with county counsel.  They take the position that it is legitimate and they will stand by their grant to us.  They are still relying on the 2009 appraisal for the grant.  They are still relying on the 2009 appraisal. 

 

Committeeman Gallopo stated Landmark I did the appraisal.  They are certified by the State of New Jersey.  They are used by a lot of county’s in New Jersey for open space properties.

 

Murphy stated as far as the grant is concerned the county considers it still valid for the purposes of the grant.  Braden stated the Freeholders are aware of this purchase. 

 

Committeeman Sandham stated the only way we applied for the grant was because it came through a process of open space in 2008 and 2009.  This property was listed as first or second in priority.  We applied and received the grant.  The Township Committee at that time decided against it because there was not enough money in the Open Space Trust Fund.  Now there is no Township money that will be spent.  While the current Open Space Committee may not be aware of it, the prior committee worked through a whole open process to apply for a grant for this property.  It was a recommendation of the Open Space Committee.

 

Gallopo stated when Landmark I did the appraisal they based it on the Township’s estimate of lots – 14.  Mr. Schepis is saying 8 to 10 now.  The appraisal is the appraisal.  The county does not require a second appraisal.  I am a little concerned with how it got to $1.8 million.  $1.35 million is being given to us by the county and that is taxpayer dollars.  From the county’s standpoint, it does pass the sniff test.  There are some Freeholders that are not happy with the county’s open space rules that allow this to happen; but that is for the county for address.

 

Committeewoman Nielson stated Mr. Schepis and I have a history of not agreeing.  I agree in this case with most of his factual points.  The Township’s Open Space Committee in 2009 unanimously recommended this property be acquired through an open space grant.  That grant was approved by the Morris County Open Space Committee.  While I may not agree with the appraisal; that is a certified appraisal company and was vetted at that time to be the true market value of that property.  That is the number that was agreed upon at that time and that grant is expiring.  With Hurricane Irene this fall, Montville had to expend an emergency appropriation of $143,000 for flood prone areas.  We know this is a flood prone area.  That those homes were removed is an accurate statement.  The State of New Jersey has deemed that this property is developable.  Any development on this property will be flooded in an island in times of storms.  I do endorse this acquisition.  If the grant is not spent it will go back to the Morris County Open Space Trust Fund and used for property in another town.  This is an opportunity for flood prone property in Montville to be bought at no additional cost to the taxpayers. 

 

Committeeman Kostka stated if it were my money I just couldn’t imagine parting with it for this property.  It is not going to cost the town a dime if we leave it as it is.  If we put baseball fields on it, it will cost Montville money.  It will cost the taxpayers money.  I am troubled with this one.  On the one hand, it is free, but it is still a piece of property that troubles me.

 

Sandham stated it is not free.  It is costing $1,350,000.  The money is coming from the county open space fund.  Our taxpayers should know we have gotten less than 50 cents on the dollar back on what we have sent to the county for open space.  I want to take advantage of this.  If you put any development there, you are creating a significant problem with that intersection.  Twelve developable lots – a lot in Montville Township – approximately $200,000 – it could be worth well over $2 million if it didn’t have some of the other restrictions it has.  We have accomplished paying no money and we can use our Open Space Trust Fund to buy other open space.  Each year the county is depleting its open space funding.  One of the things the Open Space Committee was trying to create was a greenway/walking trails.  That is one of the reasons we purchased the Starkey property up the street.  I am comfortable with it.

 

Gallopo asked the Open Space Committee back then pushed to acquire this property and applied for a grant knowing there weren’t funds to purchase it?  Sandham stated no, that wasn’t true. 

 

Braden stated we have spent more time on this issue in the back room than on any other issue.  He went over the county open space acquisitions – Montville Township 125 acres – much less than other towns.  We have paid $19.1 million into the fund.  We have received back a little over $5 million.  This is our opportunity to get some of your money back from the county.  If this money is not spent on this property in Montville, it will be spent in another town.

 

Motion to adopt ordinance:  Nielson.  Second:  Sandham.  Roll call vote – Sandham, yes; Kostka, no; Gallopo, pass; Nielson, yes; Braden, yes; Gallopo, yes.  Ordinance adopted.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Braden stated Mr. Brewer left the meeting as his wife is experiencing contractions.

 

Katie Yanke, Finance Director, reported we had a rating call regarding our refunding.  Standard & Poor’s indicated we will be maintaining our AAA rating.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – TOWNSHIP COMMITTEE LIAISON:  Sandham reported we have maintained our AAA bond rating.  It is nice to maintain that.  He stated congratulations to Mr. Brewer.  He is being appointed Assistant Township Administrator. 

 

Sandham asked what actions we may be able to take next week regarding residents coming forward to speak on the land use ordinance amendment.

 

Murphy stated when we adopted the land use amendment we sent some issues back to the Planning Board, i.e. political signs, houses of worship, etc.  Mr. O’Dowd requested a rezone.  The Planning Board came back with recommendations but not a recommendation for a change on Mr. O’Dowd’s property.  Mr. O’Dowd has requested he speak to us again about his property.   We have to give him the opportunity to say why he wants his property rezoned even though the Planning Board has not recommended it.  We are the agency that deals with the question of zoning.  We can either amend the ordinance, pass the ordinance, or send it back to the Planning Board again.

 

Kostka stated the Library Board met last night.  Surplus is $415,000.  They asked me to come up with the amount that will go back to the town. 

 

Gallopo reported the zoning board was cancelled last week.  They will meet Thursday night.

 

Nielson reported the Long-Term Financial Planning Committee has been asked to review the water & sewer rates and the surplus.  They will be giving a report and recommendations.  Last night they had Mr. Mazzaccaro and Ms. Yanke present to answer any questions.  One question is the allocation of the water & sewer budget back to the municipality.  Should that formula be revised for 2012?  We can discuss it under municipal budget.

 

Braden reported he attended the Design Review Committee meeting today.  The former Sunoco station – they are proposing a restaurant in the Tuscan theme.  It was endorsed and will be sent to the Planning Board.

 

Library Board meeting – they are looking into a solar canopy over the parking lot.  The board voted to ask the Township Committee to ask the LTFPC to look at.  The library board cannot bond.  Discussion we can handle that here.  The LTFPC has a lot on their plate.  Braden stated the library has no timeframe.  We don’t have to make that decision tonight. 

 

David Bickel of Christine Valmy, 285 Changebridge Road, Pine Brook, present to request flags and a banner for a one-day charity event at their facility for mothers of autistic children.  They have teamed up with Matrix.  Township Committee approved.

 

OLD BUSINESS:

 

NO. 2 – MAPLE AVENUE AREA TRAFFIC:  Anthony Barile, Township Engineer, stated traffic counters were on Margaret Drive, John Street, and two on Maple Avenue.  March 7 report on the data.  Unfortunately the one on John Street did not work.  The county technician feels he may have made a programming error.  He went over the data.  My conclusion – possibly some means of dead ending Maple Avenue should eliminate cut-through traffic.  Southbound on Margaret Drive – 89% in excess of the speed limit.  Classification of vehicles – majority are two-axle delivery trucks.  Recommend calming devices or enforcement. 

 

Gallopo thanked Mr. Barile and the police department.  The data does confirm that there is a problem in that area and it is used as a cut-through.  If the Lowe’s development ever goes through, it will make matters worse.  I think the committee should consider a measure to eliminate the cut-throughs. 

 

Kosta agreed and when you look at the facts, it is just unbelievable how fast people are going and the consistency.  I would concur with Mr. Barile’s recommendation. 

 

Sandham stated he concurred. 

 

Nielson asked have we stepped up enforcement?  Barile stated Chief Cook was provided with a copy of the report.  Nielson stated she would like the Chief’s comments and recommendations.  I would have to concur with Mr. Barile’s recommendation about the dead-ending, but there will be additional traffic that will affect those residents. 

 

Braden stated he concurred with the rest of the committee.  He opened the meeting up to the public.

 

Sylvia Walits, Maple Avenue, Pine Brook, stated I would like to thank you for following through.  We want our children to have the life we had.

 

Jason Jones, 20 Maple Avenue, Pine Brook, stated thank you on behalf of our neighborhood. 

 

Herb Eggers, 30 Maple Avenue, Pine Brook, stated I think it is going to be the biggest mistake.  Margaret Drive and John Street are going to have more traffic.  Have you notified the business owners?  The cost is going to probably run a lot more than you think.

 

Keith Olsen, 3 Adamary Place, Pine Brook, stated thank you for taking the time and effort to put forward this study.  By putting in the dead-end, the only people that are going to go down there are the few houses that are in our neighborhood.  The people speeding in this area are not the ones who are living in this area.

 

Murphy stated if you make a decision and know what you want to do by way of traffic control – either a cul-de-sac or a dead end - we would have to draft an ordinance.  Barile stated they don’t need NJDOT approval.  We just have to advise them.

 

Nielson stated I would ask that you work with the Eggers, who are the most directly affected by this.  Barile stated I would be happy to meet with them.

 

In two meetings, detailed sketch and cost analysis.  Barile stated he also has to meet with the property owner.  Notice residents.

 

PUBLIC PORTION:

 

Tim Holmes, 15 Old Jacksonville Road, Towaco, MBSA, asked the status of the 86 River Road parking lot – resurfacing.

 

Tony Speciale, Chamber of Commerce, asked if they will get to the sign request tonight.  It was in the Administrator’s report.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated she was here two weeks ago about a land sale of open space.  It was not a land swap.  I would like to know when you are returning that money back to open space.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the projector is working good.  The Technology Committee sent questions to the Township Committee a few weeks ago.  Waiting for the responses so we can move ahead.

 

Dan Pagano, 11 Roome Road, Towaco, stated I sent you documents regarding Plausha Park.  I faxed them and hand delivered them to Adam Brewer.  Township Committee acknowledged they hadn’t received them.  Will check on.

 

Pagano stated you are amending the ordinance.  No. 2012-02 replaced the ordinance in 2010.  I am still on the ordinance, and I don’t understand why.  I have a private well and am not part of Plausha Park.  In the Plausha Park bylaws membership shall run with the property.  My deed was amended and I relinquished my ownership and membership.  Article 7 – dues – I have not paid dues since February 2010 so according to the by-laws I should not be included in this ordinance.  I provided you with a copy of the amended deed and the bylaws.  I also provided you with a copy of an e-mail dated July 2010 from Glenn Marsnick to Tom Mazzaccaro.  The bylaws indicate I am not a part of the water company.  Mr. Marsnick said in his e-mail I am not part of the water company.  Why is my lot and block still in the ordinance?

 

Murphy stated you were part of it.  Your property could benefit from the water system.  Pagano stated I find it fascinating because the ten houses you are removing will have the same benefit.  Murphy stated you are a little bit different because you were a part of Plausha Park.  If this governing body wishes to exclude you they can.  The governing body chose to not put the ten homes in the system.  They can decide not to include you also. 

 

Pagano stated I would really appreciate it if you would study the documents and that my benefit is no different than the ten homes you are removing.  If you need any other documents I will provide them.

 

Nielson stated I feel we need to get a legal opinion after a review of all of the documents.  This ordinance is on for introduction.  If we do agree with Mr. Pagano and want to delete his block and lot is that a material change?  Murphy stated deleting one lot would not be material.

 

Sandham stated ask the Township Administrator to ask Plausha Park for their list of members.  I want to understand what the right number of members is.  Pagano stated on 02/23/10 Mr. Mazzaccaro said that the Township could not force anyone on a well to hook up to the town system. 

 

Philip Beskid, 10 Redding Place, Towaco, stated the ten properties you are removing – when is that official?  Murphy stated when it is adopted next meeting.  Beskid stated installation of New Jersey natural gas – I understand there is a moratorium.  Barile stated the moratorium would be after we pave the top course.

 

Thomas Mazzaccaro, DPW/Water & Sewer Director, stated the plans do not show gas lines in the streets.  New Jersey Natural Gas would have to be responsible for it before final paving.   

 

Michael O’Brien stated regarding the land on River Road, I think your statistics about what we have gotten in the past is very revealing.  I appreciate hearing that information.  I understand that was a very tough call to make.  I understand what you were up against.

 

Pagano stated his benefit is no different from the remaining ten you are excluding.

 

Dinkelmeyer stated wetlands – 2009 appraisal – if that property had come up in the last three years to $3 million the seller would not be selling it for $1.8 million.  Why are we still considering the 2009 appraisal as being a true and valid appraisal when things have changed since then?  Today the market value may only be $1.4 million.  We are giving him a tax deduction of $450,000.  I am not opposed to the acquisition of the property.  My point it has to be for a fair and reasonable price.

 

O’Brien asked did we hear who SMK is?  Nielson stated it doesn’t matter to me who owns the property.  Murphy stated there are names on the contract who signs on behalf of SMK.  I don’t want to give a name when I don’t have it in front of me.  It is public information.

 

Tony Speciale, Maple Avenue, Pine Brook, stated regarding the cul-de-sac, I would appreciate the same courtesy with Mr. Barile to put my two cents in. 

 

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

 

Braden stated I thought we answered the question about the open space issue Ms. Quatrone brought up.  Nielson stated it was a lot line adjustment.  It was fully vetted before the Planning Board and any number of attorneys.

 

Braden stated can we get another copy of the questions from the Technology Committee and get back to them.

 

86 River Road paving – Barile stated he estimated the main part of the parking lot including the Board of Education lease area right up to the 5th Base area at $87,000.  Within the last day or so I looked at the remaining part of the complex behind old town hall and adjacent to the old road garage that is currently being used as the animal shelter - area 2 estimate $46,000.  Third area – where the old recycling area used to be $87,000, but $56,000 of that could be saved if the excavation is done by the DPW.  DEP permits may be required.  Excluding the BOE lease area would bring the $87,000 down to $47,000.

 

Holmes stated we would like to see the footprint of the old 5th Base included in that.  We would love to see it done before April 21st.  You guys work with us, and we really appreciate it. 

 

Scott VanKoppen, MBSA, welcomed the Township Committee to come down and take a look at it.  Whatever you can do, we would appreciate it.

 

Nielson stated we just received more information tonight.  Braden stated Area 1 $48,000; Area 2  $46,000;  BOE lease area $40,000; Area 3 - $30,000 if DPW grades and DEP gives us a permit.

I think we should take this up at the next meeting and give the committee the opportunity to visit the site to see what needs to be done.  Area 2 – a lot of it washed out in the hurricane.

 

Nielson stated we should also check our arrangement with the Board of Education.  We have escrow funds that may be able to be used.  Braden asked Mr. Barile would you be able to do it with 2011 or 2012 resurfacing?  Barile stated I would like to treat it as its own project.  This is a little more detailed. 

 

Mazzaccaro stated by April 21 the lot will be cleaned up like it is every year.

 

Chamber of Commerce welcome to Montville signs.  Speciale stated this is a new project – sponsor sign designs – as per document dated 02/20/12.  They are in conformance with the sign ordinance.  Nielson asked if they are proportionate with the welcome to Montville signs.  Mazzaccaro answered yes.  Speciale stated the colors would be as per specific logos of the sponsors.  It is for one-year or three-year signs.  Township Committee approved.

 

NO. 1 – 2012 MUNICIPAL BUDGET:  Yanke stated we redid some of the exhibits based on changes.  The net decrease is $137,000.  Have to add back $5,000 to celebration of public events.  Increase in revenue $400,000 – library.  Mr. Brewer did speak to FEMA and we did receive paperwork for $36,000.  We can only anticipate what we know about.  Township Committee reviewed the budget changes from last meeting.

 

Nielson stated she had asked Mr. Brewer to contact Matrix for their recommendation for the police – if there are efficiencies, etc.  Yanke stated I know he reached out to Matrix.

 

Nielson stated I had asked if we could get a budget extension.  Yanke stated the auditor said we would have to submit a request for an extension, but they are not being as lenient this year as they have been in the past.  Our budget should probably be introduced in March.

 

Kostka stated Lincoln Park water purchase – budgeting $455,000 for 2012.  In 2009, 2010, and 2011 were we also buying 55 million gallons per year?  Would like some background on that.

 

Sandham stated may I suggest that if we have questions or recommendations that we put them in an e-mail to Mr. Brewer. 

 

Gallopo stated I ask the Township Committee to consider a 10% reduction in the water & sewer allocation - $45,000 this year, $45,000 next year.

 

Nielson stated that is why I wanted that as a separate discussion item.  I wanted to get the history of the numbers.

 

Sandham stated the allocation is formula driven now, but it has not been updated since the first time it was done.  For example, there are still health benefits in there for Township Committee members.  I would be in favor of having this updated for the actual expense items for this year’s budget.  Then I would have the new Administrator look at the actual numbers/formulas for next year’s budget.

 

Braden stated I would like to propose that we seek an extension on the introduction of the budget.  All agreed.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2012-07 AMENDING ORDINANCE NO. 2010-23 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:  Assistant Township Administrator.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 27, 2012, at 8 p.m.  Motion:  Sandham.  Second:  Gallopo.  All in favor.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2012-08 BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING A SUPPLEMENTAL APPROPRIATION OF $150,000 FOR VARIOUS ENGINEERING IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION:

 

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

NO. 3 – ORDINANCE NO. 2012-09 AMENDING SECTION 3(a) OF BOND ORDINANCE NO. 2012-02 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, FINALLY ADOPTED FEBRUARY 14, 2012 IN ORDER TO AMEND THE DESCRIPTION OF THE PROJECT:

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2012-CA6:  Motion:  Nielson.  Second:  Sandham.  Roll call vote – all yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION APPROVING TAX CANCELLATION 2012- STATE OF NEW JERSEY ACQUISITION:  Block 122, Lot 5, New Jersey Natural Land Trust.  $32.36.

 

CONSENT AGENDA ITEM B – RESOLUTION APPROVING TAX CANCELLATION 2012 – 100% DISABLED VETERAN EXEMPTION:  Block 116, Lot 3 - $3,858.32.

 

CONSENT AGENDA ITEM C – RESOLUTION APPROVING TAX REFUND – TAX APPEAL:

 

WHEREAS, The TAX COURT OF NJ has entered judgment on appeals filed by taxpayers in the Township of Montville; and

 

WHEREAS, The judgment reduced assessments and cancelled tax creating an overpayment of taxes for the year 2008, 2009, 2010 and 2011

 

NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:

                                              

Block 57.1 Lot 6
350 Route 202

Michael I. Schneck, Trustee for

Morris Plaza 350 LLC                                                 2008                $ 19,146.00

2009                                $ 27,803.50

2010                                $ 36,806.00

2011                                $ 45,873.00

Total                $129,628.50

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS HELD BY THE TOWNSHIP OF MONTVILLE:

 

            WHEREAS, certain cash bonds have been posted with the Township of Montville to secure the performance of obligations; and

            WHEREAS, the Engineering Department has verified that the improvements, the installation of which were secured by the cash bonds, have been installed in a satisfactory manner and has recommended the release of cash bonds.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the following cash performance bonds shall be released:

 

LOCATION                  PURPOSE                  AMOUNT/DATE          RETURN TO

 

18 Glen Terrace          Soil Stabilization          $1,500.    /    6-11        C. & A. Lignac

B. 9, L. 13                                                                                            18 Glen Terrace

                                                                                                            Montville

 

20 Diane Drive            Road Opening Bond   $1,245.    /    9-10        V. & R. Torsiello

B. 31.1, L. 1.2                                                                                      2A  Glen View Road

                                                                                                            Montville

 

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

 

CONSENT AGENDA ITEM E – RESOLUTION RELEASING ALEXANDER LIGNAC – BLOCK 9, LOT 13 – 18 GLEN TERRACE – FROM PERFORMANCE GUARANTEE:  Cash $10,000.00.

 

CONSENT AGENDA ITEM F – 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 checks have not been cashed, and the recipients claim no monies due:

 

            Check #3479, September 9, 2011 - $36.00

            Check #3376, February 24, 2011 - $165.00

 

            WHEREAS, the Township of Montville has been notified by the bank, Lakeland, that the checks were not cashed;

 

            NOW, THEREFORE, BE IT RESOLVED THAT THESE MONIES, $201.00 be transferred to the Montville Township General Fund as of this date.

 

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

 

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

 

UNICO San Gennaro Carnival

           

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 AUTHORIZING THE RENEWAL OF A JUNKYARD LICENSE TO V & V RECYCLING – BLOCK 56, LOT 12.01:

 

WHEREAS, V & V Recycling, Inc., the owner of property known as Block 56, Lot 12.01, as shown on the Tax Map of the Township of Montville and also known as 144 Main Road, has applied for the renewal of its junkyard license for 2012; and

            WHEREAS, the application of V & V Recycling, Inc. has been reviewed by the Land Use, Health, Police, and Fire Departments; and

            WHEREAS, the license renewal has been recommended; and

            WHEREAS, the Township Committee finds that the requirements of the Township of Montville Junkyard Ordinance have been complied with.

            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 V & V Recycling, Inc. shall be issued a junkyard license for Block 56, Lot 12.01, also known as 144 Main Road, for the year 2012.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2012 TO KNIGHTS INN:

 

WHEREAS, Knights Inn, 55 Route 46 East, Pine Brook, New Jersey, (Block 183, Lot 4), has applied for a Montville Township Tourist Accommodation License Application for the year 2012; and

            WHEREAS, pursuant to Revised General Ordinance Chapter 353, the Application has been reviewed and the Township Committee finds that the requirements for a Tourist Accommodation License Application for the year 2012 have been met.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Tourist Accommodation License for the year 2012 shall be issued to Knights Inn, 55 Route 46 East, Pine Brook, New Jersey, (Block 183, Lot 4); and

            BE IT FURTHER RESOLVED that the Township Clerk shall be authorized to issue this License subject to full payment of all License fees.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2012 TO THE PINE BROOK MOTEL:

 

WHEREAS, the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6), has applied for a Montville Township Tourist Accommodation License Application for the year 2012; and

            WHEREAS, pursuant to Revised General Ordinance Chapter 353, the Application has been reviewed and the Township Committee finds that the requirements for a Tourist Accommodation License Application for the year 2012 have been met.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Tourist Accommodation License for the year 2012 shall be issued to the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6); and

            BE IT FURTHER RESOLVED that the Township Clerk shall be authorized to issue this License subject to full payment of all License fees.

 

CONSENT AGENDA ITEM K – RESOLUTION AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH GOVERNMENT MANAGEMENT ADVISORS – LLC:  Administrator search.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE PLAUSHA PARK WATER MAIN PROJECT:

 

            WHEREAS, bids were received on December 21, 2011 for the Plausha Park Water Main Project; and

            WHEREAS, the lowest responsible bid of $790,255.00 was received from Team Equipment, LLC; and

            WHEREAS, the amount bid is within the established budget for the project and the Water and Sewer Consulting Engineer has recommended the award to Team Equipment, LLC.

            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 Team Equipment, LLC shall be awarded the Contract for the Plausha Park Water Main Project in an amount of $790,255.00.

 

Motion:  Sandham.  Second:  Nielson.  Discussion:  Nielson stated we heard from some Plausha Park members that they are concerned about the project.  Have we received any correspondence from the Plausha Park Water Company or their assignees that they don’t want to proceed with this?  Trudy Atkinson, Township Clerk, answered no.

 

Roll call vote – all yes.  Resolution adopted.

 

NO. 2 – RESOLUTION REJECTING ALL BIDS AND AUTHORIZING THE REBID FOR THE DOGWOOD CIRCLE IMPROVEMENT PROJECT:

 

WHEREAS, the Township Committee reviewed and approved of plans for the Dogwood Circle Improvement Project and authorized the solicitation of bids pursuant to specifications issued for the project; and

            WHEREAS, bids were received and all bids exceeded the budgeted amount for the project; and

            WHEREAS, the Township Committee finds that it would be in the Township’s best interest to re-bid the 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 all bids received for the Dogwood Circle Improvement Project are hereby rejected and the appropriate municipal officials are hereby authorized to publish specifications for re-bidding the project.

 

Motion:  Nielson.  Second:  Sandham.  Discussion:  Nielson asked what was the error in the bid?  Barile stated state law has required that jobs that use over 1,000 tons of asphalt have to include a price adjustment clause.  Unfortunately that clause was not in there, and I didn’t catch it.

 

Nielson stated the bids received were over-budget.  What were the overages?  Barile stated the price of asphalt, drainage system, and the reconstruction of portions of the road.  This estimate was done in 2009 – 2010.  It wasn’t until we actually went out and did the field work to see how out of whack the grading of the road was and how much additional drainage was going to be needed.

Nielson stated the Township Committee was not apprised that there might be a problem with the allocated monies.  Barile stated he did mention in his memo to the Township Committee requesting authorization to bid that we may require some supplemental funds.  $130,000 roughly over budget.

 

Braden asked will the correction of the flaw in the bidding drive the price up even more?  Barile answered I don’t think so.

 

Roll call vote – all yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AMENDING THE 2012 TEMPORARY CAPITAL BUDGET:

 

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:

 

            Various engineering improvements, total estimated project cost $150,000; 2012 budget appropriations $7,500, debt authorized $142,500.

 

            Six-year capital program 2012-2017 anticipated project schedule and funding requirement:  Various engineering improvements, total estimated project cost $150,000; budget year 2012 $150,000.

 

            Six-year capital program 2012-2017 summary of anticipated funding sources and amounts:  Various engineering improvements, total estimated project cost $150,000; budget appropriations – current year 2012 - $7,500; Bonds and notes – self-liquidating - $142,500.

 

            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.

 

NO. 4 – RESOLUTION COMPUTATION OF RESERVE FOR UNCOLLECTED TAXES 2012 BUDGET:

 

            WHEREAS, pursuant to N.J.S.A. 40A:4-41, a municipality must include an appropriation for “Reserve for Uncollected Taxes” in its annual budget where less than 100% of current tax collections may be and are anticipated; and

 

            WHEREAS, receipts from the collection of taxes levied or to be levied in the municipality and payable in the fiscal year shall be anticipated in an amount which is not in excess of the percentage of taxes levied and payable during the next preceding fiscal year which was received in cash by the last day of the preceding fiscal year; and

 

            WHEREAS, if tax appeal judgments of the county tax board pursuant to R.S. 54:3-21 et seq. and/or the State tax court pursuant to R.S. 54:48-1 et seq. result in tax reductions for the previous fiscal year, the governing body of the municipality may elect to calculate the current year reserve for uncollected taxes by reducing the certified tax levy of the prior year by the amount of the tax levy adjustments resulting from those judgments; and

 

            WHEREAS, Sheet 22 of the Township’s Annual Financial Statement for the year 2011 reflects reductions due to tax appeals of $574,313 which when reduced from the 2011 tax levy results in the 2011 tax collection rate being 98.62 percent; and

 

            WHEREAS, the election of this choice to calculate the “Reserve for Uncollected Taxes” for the 2012 municipal budget shall be made by resolution approved by a majority of the full membership of the governing body prior to the introduction of the 2012 municipal budget pursuant to N.J.S.A. 40A:4-5.

 

            NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Township of Montville elects to calculate the “Reserve for Uncollected Taxes” appropriation for the 2012 municipal budget by reducing the certified tax levy of the prior year by the amount of tax levy adjustments of the county tax board pursuant to R.S. 54:3-21 et seq., and State tax court pursuant to R.S. 54:48-1 et seq., in order to calculate the prior year tax collection rate.

 

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

 

NO. 5 - RESOLUTION AUTHORIZING THE APPOINTMENT OF ADAM BREWER AS ASSISTANT TOWNSHIP ADMINISTRATOR:

 

WHEREAS, Adam Brewer has agreed to accept the responsibilities of Assistant  Township Administrator; and

            WHEREAS, the Township Committee desires to appoint Adam Brewer as Assistant Township Administrator;

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that Adam Brewer is hereby appointed as Assistant Township Administrator effective March 15, 2012.

 

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

 

NO. 6 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Nielson.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

 

Braden stated we received a report from Appraisal Systems – our revaluation company.  They have a considerable amount of data.  We will put on the website.

 

RESOLUTION NO. CES-031312B 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: Land Conservancy of NJ

2.      Personnel:  Water & Sewer Consulting Engineer

 

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

 

At 11:16 p.m. – Closed Session.

 

Meeting adjourned at 11:32 p.m.  Motion:  Gallopo.  Second:  Nielson.  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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