Montville Township Committee Regular Meeting
Tuesday, October 9, 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
Chairman Tim Braden
Absent: Committeewoman Deborah Nielson (excused absence)
Also present: Victor Canning, Township Administrator
Adam Brewer, Assistant Township Administrator
Katie Yanke, Director of Finance
Mark Mantyla, Interim Township Engineer
Martin Murphy, Township Attorney
Gertrude Atkinson, Township Clerk
RESOLUTION NO. CES-100912 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. Contract negotiations: Professional services engineering
3. Contract negotiations: PBA
4. Property acquisition
5. Attorney-client privilege: Redevelopment
7. Potential litigation
8. Litigation: Tax appeal – Block 32, Lot 15.2 - Forty-Four Indian Lane
9. Litigation: Tax appeal – Block 176, Lot 4.3 – Tiffany Plaza LLC
Motion: Sandham. Second: Gallopo. All in favor except Nielson - absent. 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 Committeeman Kostka.
PROCLAMATION HONORING GARY HENZEL: The Township Committee presented a proclamation to Mr. Henzel’s wife and son. Maryann Witty, Recreation Director, also present. Mr. Henzel recently passed away. He was a long-time, dedicated youth basketball coach for Montville Recreation.
PRESENTATION: Michael Obremski, JCP& L Area Manager. Chairman Braden stated since our storms Mike has opened the lines of communication and JCP&L has really stepped up.
Obremski stated he would like to give an update. We have been going out to the municipalities and to meetings. We have a brand new website for reporting outages. We have supplemental call centers. We hired 36 line personnel this summer. You can follow us on Twitter and like us on Facebook. Also, we have a new database. We can send out blast e-mails instead of faxes. We are just about to hire a fourth area manager. I will be keeping Montville and will be just in Morris County. We have 200 new trucks coming to New Jersey this week. In the future, we will be providing e-mail and text alerts.
Committeeman Sandham stated he was the Mayor last year and want to commend you and your staff for taking care of things when I or Mr. Bastone called. Would like you to speak about the priorities, i.e. if a residence is on well water and should have higher priority. Obremski stated all of their well water customers are identified to the best of their knowledge. We do provide ice and water after 24 hours. We let people know if they are going to be out for more than 24 hours.
NO. 1 – PERFORMANCE BOND – FOREST RIDGE SUBDIVISION/PETER NAGLE BUILDERS, LLC, BLOCK 109, LOT 30, ALPINE ROAD:
Chairman Braden opened the public hearing. Hearing no comments, Chairman Braden closed the public hearing. Motion: Gallopo. Second: Kostka. All in favor. Motion approved.
Mark Mantyla, Interim Township Engineer, stated all of the required planting and landscaping has been completed.
Township Committee – no action on performance bond.
NO. 2 – SOUTH ABBOTT ROAD LICENSE AGREEMENT – KH&M: Reference PSE&G project.
Chairman Braden opened the public hearing.
Steve Sammit, 2 Ridge Drive, Montville, asked what are they going to do there? Victor Canning, Township Administrator, stated it is for the workers to park their personal vehicles. There will be no heavy equipment or helicopters.
Martin Murphy, Township Attorney, stated they will be paying an annual fee of $2,500.
Hearing no comments, Chairman Braden closed the public hearing. All in favor. Motion approved.
RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH KIEWIT CORPORATION – ABBOTT ROAD:
WHEREAS, the Township is the owner of property known as Block 39, Lot 83, on the current tax map of the Township of Montville, County of Morris, State of New Jersey, along Abbott Road; and
WHEREAS, Kiewit Corporation has requested a license for the purpose of parking motor vehicles and equipment during a temporary construction project and has offered to pay the Township $2,500.00 per year for this license agreement.
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 a License Agreement with Kiewit Corporation in the form attached hereto.
Motion: Kostka. Second: Gallopo. Roll call vote – all yes, except Nielson - absent.
NO. 3 – PERFORMANCE BOND – HSIEH/CHEN/LIN DEVELOPMENT – HARBESON COURT: Cash performance bond – shade tree plantings.
Chairman Braden opened the public hearing. Mr. Musa, 4 Harbeson Court, Montville, spoke about a drainage problem and asked why only one shade tree was being put on each lot.
Mantyla stated eight lots front on Harbeson Court. $3,400 is enough for one shade tree on each lot. $400 each for the tree and installation. The original development approval called for two shade trees on each lot and final inspection of the drainage chamber.
Murphy stated there was a performance bond. The bonding company went out of business. The process to get to that money would be very costly. In discussions with the engineer, the cost to do the balance of the work would be $7,000 to $8,000. The developer is still responsible. We can make the decision if we wish to pursue the balance.
Musa stated there is a drainage issue. Mantyla stated that is a subsurface issue. That doesn’t really pertain to the stormwater issue in the developer’s agreement.
Sandham asked if they can pursue the individuals. Murphy answered yes.
Committeeman Kostka stated they can pursue it in small claims court.
Hearing no further comments, Chairman Braden closed the public hearing. Motion: Kostka. Second: Gallopo. All in favor. Motion approved.
Township Committee agreed – adopt resolution to default the performance bond and pursue recovery from the developer’s for the balance of the improvements.
RESOLUTION DECLARING A DEFAULT IN THE PERFORMANCE GUARANTEE POSTED IN CONNECTION WITH THE HARBESON COURT SUBDIVISION (CHANG HSIEH, JENNIFER CHEN AND KEVIN LIN):
WHEREAS, Chang Hsieh, Jennifer Chen and Kevin Lin were the developers of a project known as the "Harbeson Court Subdivision" which was the subject of subdivision approval by the Planning Board of the Township of Montville; and
WHEREAS, as a condition of its approval, Chang Hsieh, Jennifer Chen and Kevin Lin posted a Performance Guarantee for the purpose of guaranteeing the completion of certain improvements to the Harbeson Court Subdivision; and
WHEREAS, these improvements have not been made; and
WHEREAS, the Township Engineer has inspected the improvements and has advised that certain items remain incomplete. The uncompleted items are certification of the storm-water outlet structure, an updated As-built Survey and shade trees; and
WHEREAS, notices have been sent on several occasions requesting that the required improvements be completed and there has been no response from the developers.
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 default is declared on the Performance Guarantee posted by Chang Hsieh, Jennifer Chen and Kevin Lin for the completion of certain improvements as set forth in the Engineer's estimate; and be it further
RESOLVED that the cash portion of the Performance Guarantee in the amount of $3,428.46 is hereby declared forfeited and shall be used to complete the replacement tree portion of the obligation.
Motion: Sandham. Second: Kostka. Roll call vote – all yes, except Nielson – absent.
NO. 1 – ADMINISTRATOR: Victor Canning, Township Administrator, reported he sent a letter to all of the fire district chiefs asking if anyone is interested in being our Deputy Emergency Management Coordinator. He has not heard anything yet.
Waiver of construction fees for nonprofit entities – request from the Montville Reformed Church. It is in our ordinance that we do not waive construction fees. Murphy stated if you want to waive fees you have to provide for it in the ordinance. Even if you provide for waiving fees, you do need to pay the State portion of it.
Canning reported the Camp Dawson gazebo ribbon cutting is October 21 from 2 p.m. to 4 p.m.
NO. 2 – ATTORNEY: No report.
NO. 3 – TOWNSHIP COMMITTEE LIAISON:
Committeeman Gallopo reported the Residents’ with Disabilities Advisory Committee met last night. Improvements to Camp Dawson – there are still things that need to be done. They were previously sent to administration on September 24. Need a status update. Canning stated he e-mailed Mrs. Berman today. Unfortunately, I was not on the original e-mail. The emergency entrance – signage – DPW will do. The gravel area – DPW is going to address that.
Mantyla stated for next meeting he will have the master plan updated to address some of the comments made here.
Gallopo stated he hopes that sometime between now and the next meeting each bullet point will have a status. Canning stated after being there, I think most of the things are going to be able to be done.
Gallopo reported on flood mitigation. A letter was sent out to the municipalities requesting that they adopt the resolution we sent out. Would like an update on any correspondence received. I know Boonton has adopted the resolution. Butler didn’t quite understand what we were trying to do. Has Parsippany?
Canning stated he and Mr. Brewer met with Jasmine Lim, Greg Schneider, and Justin Lizza of Parsippany. We discussed the resolution with them, but I don’t know if they have adopted it. Gallopo asked if we could reach out to Parsippany again.
Gallopo stated the Board of Adjustment had a very quick meeting. Long-Term Financial Planning Committee – they are in the process of preparing a recommendation on the water rate schedule. I know there was correspondence sent out today to LTFPC from Mr. Canning.
Committeeman Sandham reported that Recreation and the Economic Development Committee have not met since the last Township Committee meeting.
Sandham stated we did get a memo from our CFO on the sewer utility and the different scenarios. I am in favor of it going to LTFPC. There are two moving pieces: the Parsippany sewer utility deficit and cancellation of previous ordinances. I sent the spreadsheet via e-mail today. Distributed spreadsheet. I can walk you through it.
Chairman Braden asked Mr. Canning to explain the Parsippany sewer utility issue. Canning stated we were advised a while ago that Parsippany was changing their meter system. They have now gone to a more technologically advanced system. In doing so, they put a temporary meter in until the permanent ones arrive. The temporary meters which should be statistically very close are showing an approximate $5 million gallon per day deficit than what is actually going through the facility. What that means is that our overall operating costs will go up significantly to the tune of approximately $260,000 give or take. As you may know, sometime ago we reviewed our sewer utility based on what we have in-house. We all collectively agreed we could give some of our surplus back, which you have seen in a rate holiday until the end of this year. The second part of that are reduced rates that will take effect January 1. Now we are faced with this shortfall. What we now have to do is sit down and see if we can live with the rates reduced the way we hoped or if they have to go back up. We don’t know how this is going to affect our surplus exactly. We don’t have a concrete answer yet because Parsippany doesn’t have the permanent meters in yet. I have to emphasize this is not anything the Township Committee, Administration, nor the LTFPC is at fault for. We didn’t know it was out there or it was coming until we were told. That is where we were at.
Braden suggested making this an agenda item and not a liaison report. I appreciate the work done by Mr. Sandham, and we are looking to get this to LTFPC. Gallopo suggested providing the information to LTFPC and ask them to build a scenario based on Jim’s idea. Township Committee agreed.
Gallopo stated the expenses that the treatment plant incurs every year – we pay a percentage of that based on a percentage of the total flow that goes through that system. We take a measure of the flow that we produce and send over and provide that to Parsippany. There are three municipalities that do the same. The municipality of Parsippany does not. So what they do is they take the total for the four municipalities that provide them the numbers. They know what the total volume is that they have measured. The difference between the two, by definition, should be what Parsippany’s flow total is. Our percentage of that flow is typically around 16%. Their expenses as a result of their plan upgrades have dropped significantly; however, because their measure of the total volume that flows out the back end is down significantly, our percentage of the volume has gone up. That is why the line item for Parsippany treatment plant expense for the sewer utility could potentially go up significantly. As Victor said, you can’t predict a change in the measure from a new flow meter. Even the treatment plant never saw that one coming.
Braden stated the bottom line here is we probably weren’t paying our fair share in the past and now we will in the future. Sandham stated we gave a rate holiday and we lowered rates using poor historical information. We are going to have to give it to LTFPC. My point was just there are two other moving pieces that need to be locked down, which is going to happen now, and LTFPC can really concentrate on the issue.
Committeeman Kostka stated regarding the sewer rates I would ask the Administrator and the CFO to take a close look at the revenues.
Kostka stated to the Administrator and the Department Heads – we should always make sure we are buying at the best price.
Kostka stated I would like the Administrator to make some comments regarding the 4th of July Committee. The Mayor and I met with the Board of Education. I know Tim will cover this in his report. Approximately a year ago, I asked about the turnover of the water & sewer accounting to Finance. I am still waiting for an update.
Canning stated quite a few of the long-term 4th of July Committee members have decided to resign. I attended their last meeting. They were discussing amongst themselves who the new leadership would be. I don’t think they came to a conclusion on it. They asked me to come back to you to see what commitments you would give them going forward.
Kostka asked if the 4th of July Committee is part of the town or an independent entity. Canning answered as far as I know they are an independent organization that is recognized by the State as a nonprofit organization.
Kostka asked if they have filed their tax returns. Canning stated they have filed the necessary and proper paperwork with the State. Depending on what type of nonprofit you are the reporting is different. I received their final financial statements last week. Kostka asked have you received their 990’s? Canning answered no.
Kostka stated some individuals have resigned. They are directly not part of the town. There are some issues that have been raised over the funding. We put in our budget last year that we would fund the 4th of July to a certain dollar amount. In the past the 4th of July Committee has made statements to the Township Committee that after the event they walk away with approximately $20,000. That is a statement that was made. Some individuals have resigned – that is their right. But who is going to fill the void? The Township Committee will provide a sum in the budget that they can count on. But the rest is up to the committee.
Kostka stated I would like a follow up on the accounting for water & sewer. It should be a part of our Finance Department. We should be able to know at any point in time where we stand. It should be part of our reconciliation process. Canning stated Ms. Yanke has estimates for incorporating water & sewer into our Edmunds system. We are now trying to get the cost for having access to the historical data.
Katie Yanke, CFO, stated they are meeting with Edmunds on October 23rd to give them information on our number of customers, etc. We are looking at maintaining five years of history. Braden asked for a target date at our next meeting as to when this will be done.
Gallopo stated two people resigned from the 4th of July Committee – one is the chairman. We do not appoint them. It is difficult to have a dialogue with a committee if we don’t have a point of contact. The show must go on whether it is like it has been in the past or if it needs additional help. This needs to be done soon.
Canning stated I have no problem attending their meetings and being that conduit. I made it clear to them that I work for you. Gallopo stated I am not worried about the point of contact on our end. They don’t have a contact on their end – a chair or a treasurer.
Braden stated we got way off topic under Township Committee liaison reports. I would ask that in the future you want to talk about other items – water & sewer, 4th of July, etc. that it be an agenda item. Please bring the items to Mr. Canning’s attention the week prior so they can be on the agenda. With that I will skip my items as we have to move on with the agenda because we have a lot of residents here.
NO. 1 – MAPLE AVENUE: Braden stated last meeting we had a proposal from Mr. Mantyla to dead-end Maple Avenue as opposed to cul-de-sac it.
Mantyla stated he investigated the fire access to 34 Maple Avenue. Using any of the other alternate accesses there would have to be a loss of parking in order for a fire truck to have adequate access in the proposed entrance. If we go with either of the cul-de-sac designs part of our negotiations with 34 Maple Avenue would include the fire access.
Braden asked if that limited access would also pertain to tractor trailers. Mantyla answered absolutely. With the current plan up there, that would not be an issue. There is adequate access for a fire truck.
Chairman Braden opened the public portion.
Jason Jones, 20 Maple Avenue, Pine Brook, stated thank you for putting all the work in. People realize that there is still access through 10 Maple Avenue. Also concerned if GI Auto is developed. I know the property owners have not responded. I think the island proposal I saw online would just be a band-aid solution. Maybe you can try more vigorously to contact the owners.
Mantyla stated we have had contact from 10 Maple. They don’t want to deal with the whole issue. I believe it was discussed previously – that we could close off the entrance to 10 Maple without any legal issues. Murphy answered yes. It is not a condemnation issue if there is another reasonable access to the property. There is case law. That doesn’t mean they won’t try to litigate the issue.
Braden stated so if this does become a problem with the redevelopment of the GI site, at that time we could choose to do that without going to condemnation.
Sylvia Walits, 16 Maple Avenue, Pine Brook, stated you have to come to some type of solution. The issue is the safety of the children. Vehicles cut through like it is a maze. It is about children and their safety.
Hearing no further comments, Chairman Braden closed the public portion. Motion: Kostka. Second: Gallopo. All in favor. Motion approved.
Gallopo stated with this new information from counsel – we were first led to believe that when we put the barriers in the traffic flow dropped tremendously and it was a great solution. Off of that input came this – which is effectively the barriers, but landscaping and curb made to look nice for one tenth of what it would cost us to put a cul-de-sac in, which still required permission from 34 Maple, which we are not going to get. What I have heard tonight is that now people have figured it out and traffic is going through there. Ultimately, when GI Auto gets developed, that has a potential for increasing. If we can curb or block that with whatever means necessary, and it is not going to quintuple the price, I would make that part of the project now, block that entrance, and let’s move on.
Murphy stated 34 Maple is a more difficult problem because of the access road itself, deeded access easements to a prior property owner – that causes more problems. 10 Maple Avenue – I am of the opinion we can close off the access to 10 Maple Avenue as long as they have other reasonable access.
Kostka stated at the last meeting I heard you have temporary barriers in place and they were working fine. Traffic is controlled. I hear the concern about when GI is developed. I don’t have a problem with knocking 10 Maple off, but why make a move that is going to open us with some real issues if there is really nothing there.
Sandham stated everyone on this committee is committed to making sure this road is dead-ended and to the safety of the children. We are trying to get input from the public to get to the best answers in the end. I agree with Mr. Kostka – why make an issue right now. I would not do anything up front. If we need to do something later on with 10 Maple, we can. We could always do that second access at a different point in time. Braden stated he would agree with Mr. Kostka and Mr. Sandham.
Mantyla stated the most current plan with the island is the most cost effective and it does the job. Although it is not conforming to engineering standards, it appears to be the overwhelming choice. Braden stated we have the consensus to move forward with that plan. When can we get working on that?
Mantyla stated I can put this out to bid immediately. Gallopo asked if he can cost out that closing of 10 New Maple. Braden stated I don’t have a problem with Mr. Mantyla getting those numbers and having them on file.
Mantyla stated the cost is about $5,400. So by putting that in it would approximately double the cost. The previous cost for that island was just over $5,000. Gallopo stated I thought it was $10,000. Mantyla stated yes, it would double the cost.
Authorization to go out to bid. Motion: Sandham. Second: Kostka. All in favor except Nielson - absent. Motion approved.
NO. 2 – 86 RIVER ROAD PAVING: Canning stated there is an ordinance on for introduction tonight taking two old ordinances that are no longer needed for projects they were originally appropriated for, and we are repurposing the money to do the 86 River Road paving.
Braden stated Mr. Kostka, Mr. Mantyla, and Mr. Canning met with the Board of Education subcommittee. We asked the BOE for a contribution for the paving of their leased portion of 86 River Road. They could not speak for the rest of the board, and they will bring this topic up at their meeting next Tuesday. I would propose that with or without the BOE, we move ahead with the paving of 86 River Road – the gray area. If the BOE opts out, then I would propose that we don’t pave the BOE area. Mantyla stated this would probably be done with the co-op.
Chairman Braden opened the public portion on this matter. Hearing no comments, Chairman Braden closed the public portion. Motion: Gallopo. Second: Sandham. All in favor. Motion approved.
Sandham stated the BOE escrow – were they intending on using that money? Braden stated they seemed inclined to. They could not speak for the entire board.
NO. 1 – ORDINANCE NO. 2012-29 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE CANCELLATION OF $62,899.65 IN BOND AUTHORIZATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES, PROVIDING FOR THE 86 RIVER ROAD PARKING LOT PAVING PROJECT, APPROPRIATING $103,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $62,855 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 23, 2012, at 8 p.m. Motion: Sandham. Second: Gallopo. Roll call vote – Sandham, yes; Kostka, yes; Gallopo, yes; Nielson, absent; Braden, yes. Motion approved.
PUBLIC PORTION: Chairman Braden opened the public portion. Carolyn Gallagher, 16 Lancaster Avenue, Pine Brook, thanked the Township Committee, administration, building, and zoning for their prompt response to the house on Lancaster. No one has been there for the grass/landscaping. Our major concern is that pool. Something has to be done – it is a hazard. The police did put a speed sign on the street. It stopped working on Friday. I hope it will be back, as it did help slow down traffic. I did want to thank you for the prompt response.
Mantyla stated the construction official visited the site for that and for the access to the house and acknowledged they were both in accordance with the code. The zoning office issued a summons this morning for the pool and the overgrown vegetation.
Sandham asked if we can get a lock on the fence gates or drain the pool. Murphy stated it is my understanding that property maintenance codes are being enforced and if authorized there will be a lien on the property.
Sandham asked can we call the bank and ask them if we can put a lock on it? That is the number one priority.
Township Committee requested a status report on October 23rd. Call the bank and get permission to go on the property. Braden stated a stronger statement would be to issue a fine.
Hearing no further comments, Chairman Braden closed the public portion. Motion: Kostka. Second: Sandham. All in favor. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2012-CA18: Motion: Kostka. Second: Gallopo. Roll call vote – Sandham, yes for all items except abstain on item D; Kostka, yes; Gallopo, yes; Nielson, absent; Braden, yes. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE TOWNSHIP ADMINISTRATOR OR HIS DESIGNEE TO ATTEND THE TAX SALE IN ORDER TO PROTECT THE TOWNSHIP’S INTEREST IN PROPERTY SUBJECT TO AFFORDABLE HOUSING RESTRICTIONS:
WHEREAS, the Township has adopted a policy to acquire tax sale certificates on properties which are subject to affordable housing restrictions in order to protect the Township’s interest in the preservation of these restrictions; and
WHEREAS, the Tax Collector has advised the Township Committee that there are several properties on the current tax sale list which are subject to affordable housing restrictions.
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 Township Administrator or his designee will attend the tax sale and will bid on behalf of the Township on any affordable housing restricted property, if necessary, in order to obtain the certificate.
CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:
BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following tax sale certificate redemptions be processed by the department of Finance:
Block 139.12 Lot 2.01
aka Block 139.3 Lot 6 Qualifier CB100
170 Changebridge Road, BI
Lien Redemption Certificate #09-00039 $ 4,537.34
To: J.N. Properties
Block 39.7 Lot 3
57 Old Lane
Lien Redemption Certificate #11-00002 $19,908.72
To: US Bank Cust/Emp IV Cap One
Block 52.02 Lot 73.03
12 Waterford Drive
Premium Money $23,000.00
Lien Redemption Certificate #11-00005 $28,813.16
Total Payment $51,813.16
To: US Bank Cust/SASS Muni VI DTR
CONSENT AGENDA ITEM C – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENT – 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 2010 and 2011;
NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:
Block 184 Lot 7.1
17 Chapin Road
Newark Ledger 2010 $174,096.00
c/o The Irwin Law Firm 2011 $215,050.00
TOTAL REFUND $389,146.00
CONSENT AGENDA ITEM D – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – HOLIDAY AT MONTVILLE – BLOCK 52.03, LOTS 19, 21 & 22: 29 Vreeland Avenue. Cash $109,311.60
CONSENT AGENDA ITEM E – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – JCP&L – BLOCK 59.2, LOT 2: 9 Changebridge Road. Cash $1,500.00.
CONSENT AGENDA ITEM F – RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJS 40A:4-87 – HIGHLANDS COUNCIL PLAN CONFORMANCE GRANT:
WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount;
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2012 in the sum of $94,545.25, which is now available from the Highlands Council Plan Conformance Grant in the amount of $94,545.25.
BE IT FURTHER RESOLVED, that the like sum of $94,545.25 is hereby appropriated under the caption Highlands Plan Conformance; and
BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey Highlands Water Protection & Planning Council in the amount of $94,545.25.
CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE EXECUTION OF A BRIDGE MAINTENANCE EASEMENT TO THE COUNTY OF MORRIS:
WHEREAS, the Township is the owner of property known as Block 123, Lot 20, on the current tax map of the Township of Montville, County of Morris, State of New Jersey, which was conveyed to the Township by Deed dated June 15, 2012 from SMK Enterprises, Inc. and recorded in the Morris County Clerk’s Office on July 30, 2012 in Book 22099, at page 1167; and
WHEREAS, the acquisition of the property was partially funded by the County of Morris and was conditioned upon the Township granting a Bridge Maintenance Easement to the County.
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 a Bridge Maintenance Agreement with the County of Morris in the form attached hereto.
CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING CHANGE ORDER #2 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND HELIOS CONSTRUCTION, INC.:
WHEREAS, the Township of Montville and Helios Construction, Inc. entered into a Contract for the Dogwood Circle Improvement Project; and
WHEREAS, it has been determined that certain changes to this Contract are necessary; and
WHEREAS, the change requested is an extension of the time for completion of the project; and
WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with Helios Construction, Inc. as a result of this change.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Change Order is hereby approved in the Contract between the Township of Montville and Helios Construction, Inc. extending the time for completion of the project to October 31, 2012.
CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT FOR JANITORIAL SERVICES WITH MAVERICK BUILDING SERVICES:
WHEREAS, the Township entered in to a Contract with Maverick Building Services on November 18, 2011 following bids received on October 25, 2011 for janitorial services for various Township buildings for 2012; and
WHEREAS, the bid specifications provided for an option to renew the janitorial services contract for 2013 at the same price of $3,200.00 per month; and
WHEREAS, the Township Administrator has recommended the extension of the Contract for janitorial services to Maverick Building Services.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the contract for janitorial services with Maverick Building Services shall be extended for 2013 for the janitorial services at various municipal buildings for a contract price of $3,200.00 per month.
NO. 1 – RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2013 NJDOT LOCAL AID APPLICATION FOR THE CHURCH LANE AND STILES LANE/VAIL ROAD AND WOODMONT ROAD IMPROVEMENT PROJECTS:
WHEREAS, 2013 Local Aid Funds are available through the New Jersey Department of Transportation; and
Whereas, the Township Committee of the Township of Montville has identified the Church Lane and Stiles Lane/Vail Road and Woodmont Road as the Township’s priority projects for 2013.
Now, therefore, be it resolved that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, formally approves the grant applications for the above stated projects.
BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to submit electronic grant applications identified as MA-2013-Montville Township-00452 and MA-2013-Montville Township-453, respectively, to the New Jersey Department of Transportation on behalf of the Township of Montville for the Church Lane and Stiles Lane/Vail Road and Woodmont Road projects.
BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to sign the grant agreements on behalf of the Township of Montville and that their signature constitutes acceptance of the terms and conditions of the grant agreements and approves the execution of the grant agreements.
Motion: Sandham. Second: Gallopo. Roll call vote – all yes, except Nielson – absent. Resolution adopted.
NO. 2 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MASAR CONSULTING, P.A.:
WHEREAS, there exists the need for a consultant for general Township engineering services as set forth in a proposal dated August 31, 2012; and
WHEREAS, the maximum amount of the contract is $30,000.00; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.
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:
Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Maser Consulting, P.A. for consulting for general Township engineering services for a total amount not to exceed $30,000.00 using an hourly rate as set forth in a proposal dated August 31, 2012.
Section 2. This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.
Section 3. A notice of this action shall be printed once in the legal newspaper of the Township of Montville.
Motion: Gallopo. Second: Sandham. Roll call vote – all yes, except Nielson – absent. Resolution adopted.
NO. 3 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS: Listing of bills approved except for two litigation/Michael Patrick Carroll items. Motion: Sandham. Second: Gallopo. Roll call vote – all yes, except for Nielson – absent.
NO. 4 – RESOLUTION AMENDING THE 2012 CAPITAL BUDGET:
Capital Budget 2012: Project: 86 River Road Parking Lot Paving. Estimated total cost $103,000. Planned Funding Services for Current Year 2012: Improvement fund $3,145. Grants in aid and other funds $37,000. Debt authorized $62,855.
Six-Year Capital Program 2012 – 2017: Project: 86 River Road Parking Lot Paving. Estimated total cost $103,000. Funding Amounts Per Year: Budget Year 2012 $103,000.
Summary of Anticipated Funding Sources and Amounts: Project: 86 River Road Parking Lot Paving. Estimated total cost $103,000. Capital improvement fund $3,145. Grants in aid and other funds $37,000. Bonds and Notes: General $62,855.
Motion: Gallopo. Second: Kostka. Roll call vote – all yes, except Nielson – absent. Resolution adopted.
Meeting adjourned at 9:45 p.m. Motion: Sandham. Second: Kostka. All in favor except Nielson - absent. Motion approved.
Gertrude H. Atkinson, Township Clerk
Approved October 23, 2012
Montville Township Committee
Tim Braden, Mayor