MTC Minutes 03/27/12 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, March 27, 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:   Victor Canning, Township Administrator

Adam Brewer, Assistant Township Administrator

Katie Yanke, Director of Finance

Thomas Mazzaccaro, DPW/Water & Sewer Director

James Bryce, Township Attorney

                        Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. CES-032712A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12: 

1.      Personnel:  Potential retirements

2.      Personnel:  Unrepresented personnel

3.      Property Acquisition:  Marketplace

 

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

 

At 7:00 p.m. – Closed Session.  At 7:20 p.m. – Open Session.

 

RESOLUTION NO. CES-032712B 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.      Homeland security

2.      Litigation:  Lotta Lettuce

3.      Personnel – potential litigation

 

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

 

At 7:20 p.m. – Closed Session.  At 8:05 p.m. – Open Session.

 

Prayer and Pledge of Allegiance led by Committeeman Kostka.  

 

PROCLAMATION SHEN YUN PERFORMING ARTS.  Fang Fang and representative of Shen Yun present to accept the proclamation.  They invited all to the show at Lincoln Center in April and left brochures.

 

PUBLIC HEARING ON ORDINANCE FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2012-04 AMENDING SEVERAL SECTIONS 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:

 

Chairman Braden opened the public hearing.

 

George Krusculik, Esq., representing William O’Dowd, asked that they put an item on the agenda in a future meeting where they could have an hour or so to talk about what they want to do with Mr. O’Dowd’s property. 

 

Braden asked the Township Committee if they would like to schedule it for a meeting.  Committeewoman Nielson stated we are here tonight and did anticipate this for tonight.

 

Committeeman Gallopo asked what will be expected of us after the presentation?  Braden stated we are being called on to adopt this ordinance to revise Chapter 230 to address political signs, country clubs, and agricultural output from farms.  I don’t know what is going to be presented to us on this ordinance tonight.

 

Committeeman Sandham gave a history.  There were issues raised in the master plan.  There were recommendations made by the Planning Board.  We were advised by our attorney that this would be the place where Mr. O’Dowd would have the opportunity to speak.

 

James Bryce, Township Attorney, stated this ordinance contains items referred to us by the Planning Board.  What the applicant is asking for is a zone change.  That is not within the confines of this ordinance.  Perhaps it should be a separate discussion item.

 

Nielson stated we were told by Mr. Murphy that this was the appropriate forum to have this discussion.

 

Gallopo stated I would like the opportunity to review the presentation beforehand.  I think it is fair to the applicant and the residents to have this as an agenda discussion item.

 

Nielson stated the professionals are out tonight based on the recommendation last meeting from our professional. 

 

Township Committee consensus – present tonight.

 

Krusculik stated they are here to talk about a potential convenience store with a gas station component on Route 202.  Mr. O’Dowd owns the property.  Site plan distributed.

 

Peter Steck, Planning Consultant, gave credentials.  As you know, your Planning Board has spent two years drafting a comprehensive change to your zoning ordinance.  I sent an 11/22/11 memo to the Planning Board and to the governing body.  The request is for the governing body to reconsider part of the zoning ordinance.  It is the OB-4 zone.  The only OB-4 zone – which is located at the intersection of Route 202 and Changebridge Road.  We understand the Planning Board in its master plan was not receptive to the specific use we were talking about.  We wanted the governing body to consider it independently.  You are permitted by law to adopt an amendment consistent or not consistent with the master plan.  You might have different perceptions than the Planning Board; i.e. there is the extension of Changebridge Road.  Because there are potential benefits there – senior center, public safety building – you might have a shifting priority more than what the Planning Board sought.  We would like you to consider whether a shifting of priorities might make you more receptive than was the original conclusion of the master plan.

 

Described OB-4 zone.  Distributed diagram and aerial photograph.

 

There are traffic issues with that intersection.  The master plan looked at this and said that we want to modify the uses that are in the OB-4 zone and suggested that there should be expanded uses – fitness centers, music studios, etc.  They recommended an extension of Changebridge Road.  That is a clear recommendation of the master plan.  Should that occur, the uses in the zone should be expanded.  They want to encourage the construction of the road.  The ordinance permits dance studios as a permitted use but also as a conditional use so you might want to look at it.

 

The ordinance was intended to create an incentive so a developer would have some economic reason to help construct this road.  The way the conditions are written in the ordinance, it is beyond the power of any one property owner to meet these conditions.  Described conditions.

 

The applicant would have to go to the Board of Adjustment and seek variances.  This applicant or any other applicant who wants to get this wider array of uses has to construct a road for everybody.

 

List of uses:  galleries, antique shops, bakeries, book stores, clothing stores, deli’s, drug stores, dance studios, liquor stores, pet shops, grocery stores, hardware stores, etc.  These are not strong economic generators.    

 

Mr. O’Dowd has 4.7 acres there.  Through Mr. O’Dowd’s marketing, he has attracted a Quick Chek with gas because there is a volume of traffic there.  Two segments of the right-of-way are on Mr. O’Dowd’s property.  He would dedicate that land for road purposes.  He would negotiate with the other property owners to exchange the land.  The result of this tradeoff is that you would get without expense a right-of-way that normally you would have to pay for.  Mr. O’Dowd believes Quick Chek would be willing to construct the road.  You would have another ratable.  Inevitably there would be other improvements to the intersection.  Quick Chek believes there is a strong market here and is an economically potent use.  It draws off the existing traffic flow – a pass by trip. 

 

Krusculik stated it would not be a destination trip.  Steck stated it is traffic that is already on the road.  If you see this road as a significant benefit - the master plan recommends this road – then the incentives in the ordinance are not potent enough.  There is not one individual property owner that can build this road.  This ordinance says you have to go to the Board of Adjustment and take your chances.

 

I would ask that you look at this ordinance again giving an applicant a better chance in producing the road and allowing a use that can carry the freight.  The classic way to do it is a conditional use.  Not only could Quick Chek take advantage of the access road, but also another office building that could build a second phase and another property, triangular, that Mr. O’Dowd owns.

It could be a source of convenience goods to the municipality and it could be done in a way that respects the budget restraints we all have to live under.  The Exxon Station across the way – this is America and you get to compete.  Gas is a type of business that competes very well.

 

If you are serious about producing this road and you don’t want to pay for it yourself, this is a mechanism that does it.  I think everybody wins if this direction is encouraged by a revised ordinance.

 

PUBLIC PORTION:

 

Gary Lewis, 5 Cooks Farm Road, Montville, Vice-Chairman of the Planning Board and Chairman of the Master Plan Subcommittee, stated the subject is a public hearing on three minor amendments to the land use ordinance.  We issued our consistency memo.  At its March meeting, the Planning Board took the extraordinary action of adding a paragraph that accompanies the consistency finding.  The motion included a reaffirmation in the strongest terms of the Planning Board’s previous findings that there are additional recommendations for permitted or conditional uses to present to the Township Committee with regard to the OB-4 district.   The Planning Board voted this memo through unanimously. 

 

Mr. Steck did not present data or plans to the Planning Board in the last three years.  Our Planner can explain to Mr. Steck how this ordinance works and can work.  Service stations and convenience stores are not the only options for this site.  Service stations have never been a permitted use here.  This application has been brought to the Board of Adjustment and withdrawn.  It has been presented to the Planning Board and the Master Plan Subcommittee and has been denied.  I encourage you to not sell the community out.  I encourage you to tell Mr. O’Dowd to find a use for that property that matches the zone plan or take it to the zoning board where it belongs.

 

Ron Young, 101 Waughaw Road, Towaco, stated there are two major pipelines within 1,000 yards of that property.  I personally don’t think a service station belongs there because of the hazards in the area.

 

Scott Russell, 8 Sunset Court, Montville, stated I agree with the access road and the project.  It would be a nice ratable and there would be competition for gas.

 

Abe Agnoli, 16 Ridge Drive North, Montville, stated the master plan was heavily reviewed and adopted.  That should not be overridden.  Is there a need for another gas station in the area?  Traffic will be pulled off of Route 287, cause more traffic, and possibly more crime.  There can be other uses that don’t cause more traffic.

 

Peter King, 1 White Oak Lane, Montville, stated it looks like a positive for the town.  I see this as a $1 million gift and a safety factor. 

 

Jim McHugh, 46 Ridge Drive, Montville, stated regarding the gas - I would appreciate a little bit of competition.  Having competition is an economic benefit to us all.

 

Dan Pagano, 11 Roome Road, Towaco, welcomed Mr. Canning, new Township Administrator.  The road and the information of the traffic flow – the light will alleviate the traffic problem.  I don’t see the downfall of the project.

 

Steve Samitt, Changebridge @ Montville, spoke about traffic.  The Exxon Station has over 1,000 vehicles per day.  Now we want to build a Quik Check there.  It will bring in traffic from Route 287.  Four traffic surveys – F rating.  A few years back the Township passed that a gas station cannot be within 1,000 feet of another gas station.  230,000kw power line next to the gas station.  PSE&G 500kw line.  Electric substation line down the block.  Texas Eastern Transmission gas lines right next to the power line.  The police station is there.  If there was an explosion, they would be right in the middle of it and not be able to respond.  Ratable – if Exxon goes out of business you will lose that ratable.  I don’t think it is the proper place for a gas station. 

 

Joseph O’Dowd, 47 Manchester Way, Pine Brook, stated he does not have a financial interest.  He served twenty years on the Planning Board; six as Chairman.  The issue seems to be traffic.  If it is, then the experts ought to be brought to bear on this application.  This is America, and we still believe in opportunity for people.  If we believe that we can use the property, why should your rights be more important than someone else’s?  It doesn’t seem like there is an opportunity for a fair hearing.  What is being asked for is the opportunity to go before the Planning Board to make a presentation with their experts to see if a development can come forward that satisfies the needs for everyone.  There are over 20,000 residents in Montville, and they have some rights too.  We want more ratables to keep taxes down.  We want to save $1 million spent on a road to keep our taxes down.  I ask you to consider what is the right thing for this ordinance.

 

Robert Miller, Changebridge @ Montville, stated he never heard the need for a $1 million road.  I have used the senior center and never had a problem.  I don’t think this project is needed.  I don’t think the traffic will bear it.

 

Dwayne Rivers, Changebridge @ Montville, stated traffic – it is bad enough now trying to get out of Changebridge @ Montville.  As far as the competitive aspect – it would double the traffic.  I would urge the committee to deny this.

 

Cindy Varrone, 22 Ridge Drive, Changebridge @ Montville, stated she does not understand why we would want to attract that type of establishment to this area.

 

Gerry Horowitz, 1 Lakeview Terrace, Montville, is concerned about the traffic congestion at that intersection.

 

Marcia Letterman, 30 Bark Mill Terrace, Montville, stated the town is great the way it is.  To bring in a monstrosity like a Quik Check would do a disservice to the town of Montville.

 

Larry Karosen, 14 Hixson Court, Montville, stated a gas station is not a permitted use.  We do not need more traffic.  Always considered it a rural town.  I ask you to follow the Planning Board’s recommendation. 

 

Marty Ginsberg, 118 Ridge Drive, Montville, stated the economic piece – we all want our taxes to be as low as possible, but we want the right ratable.  There is a quality of life here that is not for sale for $1 million or $10 million.  We pay high taxes in Montville, and I think we get value for our money.

 

William O’Dowd stated he respects all of the comments.  Our planner made some valid points.  Objections made:  people will go there in the morning.  They are going there now.  It won’t be any different.  Aesthetics were talked about.  We would clean it up and make it a good ratable.  Well aware of the town’s desire for the road.  We will give the land and build the road.  I am the only one that can make Lou Caggiano whole.  I am perfectly permitted to have a drugstore.  That will maybe have more traffic.  The Quik Check is dealing with the traffic that is already there.  The traffic is what it is.  Our development is not going to change that in any meaningful manner.  Your own Police Chief has suggested a solution for the traffic whether a Quik Check goes there or not.  What is needed is a right hand turn lane.  There are solutions that can accommodate everyone.  You do need a ratable and that road.  With the price of gas it wouldn’t hurt to have that nearby.  We are worthy of consideration.

 

Krusculik stated when Quik Check first came in there was a discussion about the traffic.  That is something we should have further discussion about.  It is pass by traffic.  A traffic study – would like the opportunity to provide that to you and discuss it with your Engineer. 

 

Ed Blickstein, 2 Hixson Court, Montville, stated we are not anti-development.  If we had known about this presentation we would have had our experts here to present our side.  Will we have that opportunity?

 

Braden stated we are voting on the ordinance tonight. 

 

Blickstein stated the concern about the power and gas lines – the point is if there is an explosion it will be even more volatile. 

 

Tony Speciale, Maple Avenue, Pine Brook, stated gallonage storage for the proposed Quik Check 48,000 to 60,000.  I know the contractor who built the Hess in Boonton.  Hess 40,000 gallon capacity.  They sell 450,000 gallons per month.  This location is an ideal location – north and south Route 287.  Can advertise on the highway.  Quik Check is probably thinking 600,000 to 700,000 gallons per month.  Exxon does 250,000 per month.  Look at Myrtle Avenue in Boonton – the traffic.  Also concerned about gas and power lines.  Static electricity.  It is probably going to be the biggest volume station in Morris County. 

 

Lynn Cody, 11 Ridge Drive, Montville, stated Quik Check did a presentation to Changebridge @ Montville.  The intersection at Route 287 is bad.

 

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

 

Nielson stated there were 36 master plan meetings.  Mr. O’Dowd was invited.  This road was proposed in 2006.  Mr. Humbert was the planner.  Gas stations were not a permitted use when Mr. O’Dowd purchased the property.  I have a lot of respect for the O’Dowd’s.  We relied on our professionals.  That road has long been considered by the governing body.  You did not appear before the Planning Board subcommittee.  I don’t know why the planner did not submit before November.  Route 202 and Changebridge are both county roads.  I was involved with discussions with the county about the construction of the road.  We met with you – we wanted to work as a team.  Collectively discussed at the Planning Board meetings.  This discussion has been going on for six years.  We need the right ratables.  On Route 46 we allow gas stations.  We have numerous requests for grocery stores.  We suggested that to you.  We do invite change.  We want our town to go in the right direction.  Unfortunately, gas stations are not currently permitted in this location.  You had an application before the Board of Adjustment.  You withdrew that application – I am not sure why.

 

Perhaps the freeholders can come to Montville and discuss how our “F” intersection can be improved.  This has been ongoing for six years.  We have extended many courtesies to you – public and private to try to work out a solution with you and Mr. Caggiano.  The uses have been expanded substantially from the previous zoning ordinance.  It is unfortunate that we feel we are being lobbied tonight.  We get reports on the dais and we are asked to digest them and make an instant decision.  It is a tough call to digest this all in one sitting.

 

Gallopo stated we did not receive any materials prior to this presentation.    I am less interested in what you think and what you believe and the probably.  I am interested in what you know.    This intersection is a nightmare.  What I am interested in is how this application will exasperate or alleviate the traffic.  I would like to see the traffic studies.  I am also interested in the safety – issues with the gas lines and power lines.  This is for Montville Township – most of the Township uses that intersection.

 

Sandham stated there was an inference not to sell out the community.  We all act in good faith of Montville Township.  Anything we decide is in that best interest and nothing else.  The master plan subcommittee meetings – not all of them dealt with this area and not all of them allowed public input.  I had a couple of issues with the master plan.  We passed the master plan, and I understood that those issues were going to come back to the Planning Board and then to the Township Committee.  That is what has happened so far.  I would like to understand what the traffic impact is.  Montville has changed.  There are developments and condominiums now that weren’t there twenty years ago.

 

Questions – why is gas allowed on one side of the street and not the other?  Was the Exxon a permitted use when that went in?  Would like another hearing with a traffic study.  I think the person is entitled to develop the property. 

 

Committeeman Kostka stated a lot has been said already.  What is clear is traffic is bad there.  He has the right to develop land.  A food store would cause traffic also.  I would like to see this issue looked at closer by experts.  It seems everyone is concerned about traffic.  Is it going to improve traffic or make it worse?  I need to be shown that traffic would be improved in the area.

 

Braden stated traffic is the number one concern.  We have no traffic engineers here tonight.  I respect our Planning Board and all the work they have done.  Can we request a traffic study for an application that is not yet a current application?

 

Bryce stated Ordinance No. 2012-04 has three parts to it, none of which concern the OB-4 district.  You can vote to approve the ordinance.  You can vote to change it and reintroduce it.  It would have to go back to the Planning Board for consistency review.  You can deny the ordinance or carry the public hearing. 

 

Zone change – if that request is followed through, there would be an ordinance and a public hearing.  At that point there could be additional studies and testimony. 

 

Motion to adopt ordinance in its current state:  Nielson.  Second:  Gallopo.  Discussion:  Sandham asked are we going to follow up with a possible second ordinance?  Braden stated yes. 

 

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

 

Braden stated it seems the committee would like a traffic report.  Sandham stated I think we should follow the proper procedure.  I make a motion that we amend the ordinance to allow gasoline in the OB-4 zone as an ordinance introduction.  It would be introduced at next meeting.  Second:  Gallopo.  Discussion regarding the master plan adoption and process at the Planning Board level and the Township Committee level.

 

Nielson stated my recommendation is that this belongs at the Board of Adjustment.  You can have a traffic study plus a full blown discussion of all of the elements of a site plan.

 

Kostka asked if it goes before the Board of Adjustment what are the possible outcomes?  Bryce stated it would be a presentation before the Board of Adjustment.  There would be public hearings.  They would permit or deny a D variance for the use.

 

Sandham asked would the Board of Adjustment view it to follow the master as it was just recently passed or should it be in the master plan prior?  That is the whole point.

 

Nielson stated the Board of Adjustment just passed Mr. Romola’s D variance and that was not in the master plan.  Gallopo asked if the Board of Adjustment rejects the variance, can the applicant come before use for a zoning change?  Braden answered yes.

 

Kostka stated it seems like there are two options one is to refer it back to the Board of Adjustment.  If he is turned down there, he still has the opportunity to come before us.  The other option is we amend the ordinance and it either passes or fails.  Sandham stated if it passes at this level he doesn’t have to go before the Board of Adjustment.  Bryce stated he would then have to go to the Planning Board for a hearing on a conditional use.

 

Roll call vote on motion to amend/draft an ordinance for introduction next meeting:  Sandham, yes; Kostka, yes; Gallopo, no; Nielson, no; Braden, no.  Motion defeated.

 

NO. 2 – ORDINANCE NO. 2012-07 AMENDING ORDINANCE NO. 2010-23 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:  Unrepresented.  Assistant Township Administrator.

 

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

 

Motion to adopt ordinance:  Gallopo.  Second:  Nielson.  Discussion:  Sandham stated this is well deserved. 

 

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

 

NO. 3 – 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:

 

Chairman Braden opened the public hearing. 

 

Philip Beskid, 14 Redding Place, Towaco, stated asked if there is a sketch on the drainage improvements to Redding Place.  Canning stated this does pertain to the drainage improvements on Redding Place but he does not have a sketch with him.  Mr. Beskid can stop in tomorrow and he will provide him with one.

 

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

 

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

 

NO. 4 – 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:  Plausha Park.

 

Chairman Braden opened the public hearing.

 

Dan Pagano, 11 Roome Road, Towaco, stated he spoke two weeks ago about his documents.  Have you received them?  Bryce answered yes.  He stated the attorney for Plausha Park has no objection to the removal of his block and lot.  They do ask you to contact them to wind up affairs with the water company.  Pagano stated his attorney contacted him this afternoon.  Plausha knew I drilled my well in 2004 when I stepped down from the board as President.  There has been ample time for them to get me this document.  My attorney could not give me guidance because he was not in his office. 

 

Bryce stated bond counsel was contacted about removing a potential block and lot – Block 108, Lot 6 - from this ordinance.  It would not be a substantial change.

 

Glenn Marsnick, 7 Forest Place, Towaco, Treasurer, Plausha Park, stated if we do not come to an agreement with Mr. Pagano we would not be in agreement necessarily. 

 

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

 

Bryce stated you may want to carry the ordinance for two weeks.  Braden asked Mr. Mazzaccaro if there is a problem carrying this ordinance.

 

Thomas Mazzaccaro, DPW/Water & Sewer Director, stated the work is on schedule as planned.  No problem.

 

Braden stated we are going to carry the public hearing to give Mr. Pagano an opportunity to work things out with Plausha Park as far as the dissolution of the water company.  Gallopo stated his lot and block should be removed because he agreed to have the discussion.  I don’t see the need to carry this.

 

Bryce stated I think it would still be defensible to remove him at this point in time based upon his special circumstance; however, the more caution course of action would be to see if there is going to be an amicable way to resolve it so there are no objections and the record is not going to be clouded.

 

Motion to carry public hearing on ordinance to April 10, 2012 at 8 p.m.:  Sandham.  Second:  Nielson.  Discussion:  Gallopo asked if they do not resolve their issue to the satisfaction of Plausha Park, where does that leave us?  Bryce answered it comes back here and you make a decision at that time.

 

Roll call vote – Sandham, yes; Kostka, no; Gallopo, no; Nielson, yes; Braden, yes.  Motion approved.

 

Pagano explained this is a private matter with the water company.  He has been speaking about it since November.

 

Chairman Braden opened the public portion.

 

Steve Sullivan, 8 Forest Place, Towaco, stated Mr. Pagano drilled a well in 2004.  He didn’t end connection with the water company until 2010.

 

Kurt Dinkelmeyer, 33 Douglas Drive, Towaco, stated the only remaining issue is a private contract between the water company and Mr. Pagano.  What is the issue with the town with respect to that contract?

 

Bryce stated my concern is if the ordinance is challenged and if it will be sustained in court.  My conservatism advice is you have a member of a party that is a potential objecting party.  It might be resolved, and then we won’t have to worry about the ordinance being brought into court and getting challenged.

 

Pagano asked the attorney if it was his opinion that he is a member of Plausha Park.  Bryce stated he has no opinion as to that.  Braden stated Mr. Bryce is making us aware of an exchange they had with the attorney for Plausha Park.

 

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

 

Gallopo asked did you seek advice from Plausha Park counsel about the ten homes?  Bryce answered no. 

 

Gallopo stated then why are we seeking advice on this lot and block.  Braden stated this lot and block was in Plausha Park and the others were not.  Gallopo stated I want advice from our counsel based on the information that was provided.

 

Nielson stated I fully hope this will be resolved in two weeks.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Victor Canning, Township Administrator, reported he met with a prospective developer of the GI Auto site.  They are going to submit some proposals. 

 

The animal shelter subcommittee met today.  The project seems to be moving along nicely.

 

Met with PSE&G on the Lake Valhalla Glen issue with Mr. Brewer and Mr. Mazzaccaro.

 

All our employees attended their work safety training.

 

Rathbun Road – residents have been notified regarding the work to be done on the culvert.

Kiwanis has requested their Chamber of Commerce award plaque be displayed in town hall.  Township Committee – ok.

 

League of Municipalities request regarding energy tax credits.  Recommend a resolution supporting that the money goes to where it was originally intended.  Township Committee – ok.

 

Manchester Park sign – Michelle Sullivan Field – ready to be installed.

 

Changebridge Road resurfacing – Mr. Mazzaccaro and I have spoken to Steve Hammond, Morris County Engineer, regarding getting Changebridge Road resurfaced.

 

NO. 2 – ATTORNEY:  No report.

 

COMMITTEE LIAISON REPORTS:

 

Sandham reported the Recreation Commission is putting together a site plan for Metro Park.  They have reviewed it with the Township Engineer.  It will be coming to us in the near future.  The Economic Development Committee met.  They have a proposal for funding a brochure to be used to attract business in town.  Cost is $8,000. 

 

Canning reported they are going online with their civil service paperwork.

 

Kostka reported he met with the Library – the funds will be $396,000 to the town.

 

Planning Board meeting – suggestion from the engineer to the applicant – would they be willing to make a voluntary contribution of $5,000 to $10,000 for the sidewalk fund.  The applicant pointed out there are no sidewalks there.  The engineer indicated it would be used for either sidewalks or any other use that the town may designate.  I was very uncomfortable with that and I voiced it at that point in time.  It strikes me as is this the way we ought to do business.  It would one thing if the property owner was required to put sidewalks in as a continuation to sidewalks that already exist or a planned outlay of sidewalks.  It struck me as quite another thing as the request coming from the engineer and not the Planning Board, and that it was a voluntary contribution of a precise dollar amount.  I am very uncomfortable over it.

 

Gallopo reported on the Maple Avenue Subcommittee.  Do we have any traffic bureau officers setting up radar stations along Margaret or Maple currently?  Canning stated he spoke to the Chief and he will be doing something.

 

Gallopo stated last fall we and Senator DeCroce met with NJDOT to talk about the traffic issues in the Lowe’s area.  The Route 46 corridor is a major issue traffic-wise.  It will need significant improvements going forward.  It will take seven years to get done.  I would like the Township Committee to consider petitioning the NJDOT for a traffic study and road improvements to the Route 46 corridor.  I don’t care if it takes seven years.  This will get us on the list.

 

Camp Dawson – the nets are up for lacrosse.  Bleachers on the west side – there is no legitimate access.  I think we need to take a look on how that is laid out.  We are not ADA compliant.

 

We receive a lot of paper correspondence.  I think we should have it scanned.  Braden agreed.  Township Clerk will scan correspondence.

 

Nielson stated animal shelter – target date for completion this summer.  The Pet Parents are doing a wonderful job.  They are raising significant money to the tune of $80,000 or more.  There are others that are also contributing their time, money, and resources.

 

Environmental Commission – Earth Day cleanup is April 21.  Recycle Day is April 28, 9 a.m. to 12 noon – shredding and electronic equipment recycling.

 

Long-Term Financial Planning Committee will meet on April 5. 

 

Braden reported the Historic Preservation Review Commission met last evening.  They formed a couple of subcommittees to go over the ordinance that is being cleaned up.  Mr. Oostdyk presented the ordinance to them and asked them to review it.  They said they would get back to Mr. Oostdyk in June.  Do we want to not hold up the ordinance, introduce it, and invite the HPRC to suggest amendments in the future?  Township Committee – yes.

 

I was remiss in not recognizing Mr. Canning.  He has only been here for two weeks, but as soon as he heard he was being hired, he has had a presence in the building getting to know the staff and the issues.  My wish for him is that he is here long after I am gone.

 

NEW BUSINESS:

 

NO. 1 – 86 RIVER ROAD PARKING LOT RESURFACING:  Braden stated we should have escrow from the Board of Education - $40,000.  That could potentially be used.  Mr. Sandham and I have a BOE subcommittee meeting next week.  Sandham stated we need to look at the lease.

 

Braden referred to the numbers from Mr. Barile.  Nielson stated it is $220,000 for the entire project. 

 

Mazzaccaro stated he would like to have the opportunity to have this looked at from and engineering perspective as to the layout, parking, and striping.  Maybe come up with something that is a two-phased program.  The parking is very important.

 

Nielson stated there was a master plan for this location. 

 

Canning read the lease section pertaining to the escrow for maintenance.  The BOE holds the escrow - $10,000 per year up to a total of $100,000 - and it is to be used at the tenant’s sole discretion for maintenance and repair of the leased premise.

 

Sandham stated it was part of the negotiation that they hold on to it.  Nielson stated the MBSA asked that this be done prior to opening day.

 

Scott VanKoppen, MBSA, stated he doesn’t expect it to be done by April 21 – opening day.  We appreciate that you are even considering it.  It is important.  We are a centerpiece for a lot of activity in this town.

 

Area 3 – berm that has been built up – can that be removed?  Mazzaccaro stated we can work with them on that.

 

Township Committee - look at the six-year capital plan.  Let Mr. Mazzaccaro put some things together.

Nielson asked is MBSA willing to contribute to any portion of this project?  VanKoppen stated if you look at the town, we have been a very good citizen.  We do have a master plan to do improvements when the animal shelter is moved.  So that is a polite no.

 

OLD BUSINESS:

 

NO. 2 – LAND USE REVIEW COMMITTEE REPORT:  Gary Lewis, Land Use Review Committee Chairperson, present.  He recognized the members of the committee:  J. Deane Driscoll, John Visco, and Ron Young.  Good news – The Morris County Economic Development Corporation highlights Montville in their monthly newsletter for our great example of streamlining permitting and how we have simplified our permitting process.

 

The Land Use Review Committee Report was posted on the website.  There were no comments received on the report.  The next step would be to turn the report over to you and the Administrator.  You need to let things take root and evolve.  We would ask you to respectfully accept the report.

 

Nielson stated there are twenty action items.  Some request a couple of new ordinances.  I think the Township Committee should accept it.  Kostka stated he is pleased with it.

 

Sandham stated put this into action and have the Administrator follow up in six months. 

 

Motion to accept report:  Sandham.  Second:  Kostka.  All in favor.  Motion approved.

 

NEW BUSINESS:

 

NO. 3 – PLANNING BOARD AND ENVIRONMENTAL COMMISSION APPOINTMENTS:  Post on website and Patch that we need applicants.  Deadline April 18.

 

PUBLIC PORTION:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he has mentioned this before – certificates of occupancy when someone moves out.  We have just done the reassessment so we have a baseline.  I know it was in Mr. Canning’s previous town.  Canning stated there is a nominal fee.  It is very advantageous.  Braden directed Mr. Canning to pursue.

 

Dan Pagano, 11 Roome Road, Towaco, spoke about Ordinance No. 2012-02.  Special assessment $600,000.  My question is will there be a special hearing or committee?  Bryce answered yes.  There could be a subcommittee or the Township Committee or they can appoint the assessor.  There are public hearings and appeal rights.

 

Pagano stated he is curious how this ordinance could have been so poorly adopted that it needed to be repealed and then again so poorly adopted that it needed to be amended.  Was it legally reviewed?  Braden stated you have been coming to all of the meetings.  This is the most complex issue that this committee has faced.  We hit some turns in the road and had to address each of these issues.  I can apologize to you and say yes we didn’t get it right the first or second time.  We are working to get it right the last time.  What are you looking for from us?

 

Pagano stated I did not direct it at you.  I would like counsel to be more diligent.  I think as a taxpayer it is only fair.  I would also like that before I am included in an ordinance that it is verified that I am to be included in the ordinance.  He stated he had no opinion.  I think it is incumbent upon counsel to have an opinion. 

 

John Becker, Orchard Drive, Towaco, stated you still need to consider some passing zones on Changebridge Road.  Braden stated it is a county road, and we have no jurisdiction.  You would have to take it up with the freeholders.

 

Becker asked if they can get rid of the three-way stop sign on Old Lane Extension.  Braden stated we asked the engineer to look at it.  He did, and they said to leave it as is. 

 

William O’Dowd, 55 Foremost Mtn. Road, Montville, stated we talked about a traffic study that would come here and then somehow it wound up possibly going to the Board of Adjustment.  We believe we need a conditional use in order to go before the Board of Adjustment.  I would like you to consider a traffic report within the next sixty days.  Will you least take it under advisement?  If you can’t answer it tonight, give me an answer in a reasonable amount of time. 

 

Lefkowitz stated just a reminder that the Technology Committee is looking for some clarifications from you.

 

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

 

Gallopo asked is a conditional use necessary for Mr. O’Dowd to go before the Board of Adjustment?  Bryce answered no.  If the ordinance was amended to provide a conditional use, you would then go before the Planning Board.

 

Nielson stated he is entitled to go to the zoning board now.  Mr. Romola was granted a D variance within the last few months.  That use is not permitted under the new master plan.

 

O’Dowd stated he had no objectors.  My legal advice is that I need at least a conditional use approval before going to the Board of Adjustment.  I wish you would at least consider it and so advise me.

 

Sandham stated can you ask your attorney why he feels you need a conditional use.  O’Dowd stated ok.

 

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

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE EXECUTION OF A WATER INTERCONNECTION AGREEMENT BETWEEN THE BOROUGH OF LINCOLN PARK AND THE TOWNSHIP OF MONTVILLE:

 

WHEREAS, Lincoln Park seeks to extend and construct two separate water mains from Montville into Lincoln Park in order to connect its water system with the Montville system in order to purchase bulk water from Montville; and

            WHEREAS, the Township of Montville desires to enter into an Agreement with the Borough of Lincoln Park setting forth the terms of the water interconnection in the form attached hereto.

            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 Water Interconnection Agreement between the Borough of Lincoln Park and the Township of Montville in the form attached hereto.

 

Motion:  Gallopo.  Second:  Sandham.  Discussion:  Mazzaccaro stated there was a clarification issue.  He read the sentence that would be replaced.  It is acceptable and it has been discussed with Mr. Oostdyk.  Bryce stated we agree to all the recommended changes.

 

Roll call vote – all yes.  Resolution adopted.

 

OLD BUSINESS:

 

NO. 1 – 2012 MUNICIPAL BUDGET:  Canning stated the Department of Community Affairs honored their request for the extension of the introduction of the budget to April 10.  This budget as compared to last year:  $89,748 increase.  Options to get it down to zero (same numbers as last year) or leave it where it is.  Option 1 – take it out of current fund.  Option 2 – put in for three new officers instead of four because of the calculation you are going to have to make for one of them.  Looking at $55 increase on an average single-family home.  2.37% increase in the levy.

 

Kostka asked if we are at 2.3 approximately and we push it down, how does it set us up for the following year?  Last year we moved in $1.4 million from the library.  That was used to regenerate surplus.  We wanted to spread that over a few years.  How much of that has been utilized in this budget?

 

Adam Brewer, Assistant Township Administrator, stated the $1.4 million that was utilized as a revenue in the 2011 budget was utilized 100% in the 2012 budget.  It was not spread across multiple years.  It was used so that fund balance wasn’t used as a revenue in the budget.  The impact on 2013 – this is the third and final year of cancelled capital appropriations. 

 

Gallopo stated this is why we need a three-year operating budget forecast.

 

Canning stated again, I really want to commend Adam and Katie.  They have done a phenomenal job to get you where you are.  You can take from the current fund.  You just have less surplus going into next year.

 

Kostka stated he would like to be under 2%.  The question is can we do it?  We are making decisions without knowing the impact on next year.  We don’t have the luxury of the $450,000 next year. 

 

Kostka asked Mr. Canning his recommendations.  Canning stated last year we had lost revenues.  I like to think optimistically that some of them will go up with the economy getting a little better.  In my professional opinion, you could probably manage with three officers this year and then next year you could add the one you took off if necessary.

 

Gallopo stated water & sewer allocation – I think it is safe to assume that it will be going down.  We need to wean ourselves off of this.  If we don’t do some of it this year, we are going to have to do all of it next year.  Also, we have not banked anything for sick time payouts for retirements.  How many police officers do we expect to retire this year?

 

Canning stated there are six.  You have the study that is being done.  You may have some options there.

 

Sandham stated I wouldn’t want to cut back the number of police officers being hired.  Cancelling capital ordinances.  We should do that exercise again before the end of this year.  I am comfortable going out with the 2.37 if that is the final number.

 

Gallopo asked about the account clerk in finance.  Brewer stated the position was reduced to part-time. 

 

Nielson stated she echoes the concerns of her fellow committee people.  I like Mr. Canning’s option #2 – dropping down to three officers.  Would leave fund balance as it is.  Braden stated he agrees with option #2. 

 

Kostka stated there are three options with the police:  regular, alternative route, and hire laid off police.  I don’t know why we would pay for the academy.

 

Nielson stated we talked about all of those options.  We are waiting for the consultant’s report.  Discussion ensued.

 

Gallopo – four officers.  Kostka – three officers.  Consensus – option #2 – three officers.  Sandham and Gallopo stated they strongly disagree with this decision.  Discussion ensued.

 

Consensus – 2.37%.

 

NEW BUSINESS:

 

NO. 2 – WATER & SEWER UTILITY ALLOCATION TO THE CURRENT FUND:  Nielson stated leave the allocation for 2012 as is.  Braden stated give Mr. Canning the rest of the year to spend analyzing and come back to us for next year’s budget.  Township Committee – ok.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2012-CA7:  Motion:  Sandham.  Second:  Gallopo.  Roll call vote – all yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION RELEASING 14K PROPERTIES – BLOCK 3, LOT 41.02 & 41.03, BOONTON AVENUE – FROM PERFORMANCE GUARANTEE:  Cash $8,400.00.

 

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 120 Lot 34

4 Longview Drive

Lien Redemption Certificate #08-00016                                             $4,365.80

To:       US Bank Custodian/MDSASS

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING TAX REFUNDS – TAX APPEALS:

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 years 2007, 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                                                 2007                $10,815.00

 

Block 18 Lot 18
12 Mac Leay Road
Donnelly, William & Nguyet                                        2010                $ 1,361.82

                                                                                    2011                $ 1,382.99

Total               $ 2,744.81

 

CONSENT AGENDA ITEM D – RESOLUTION APPROVING MUNICIPAL TOWING SERVICES 2012:

 

WHEREAS, pursuant to Montville Township Code Chapter 358, application is made to the Township of Montville for approval to provide towing services when called by the police; and

            WHEREAS, applications were made and inspections were conducted by the police, criminal histories were reviewed, and insurance certificates as required were provided.

            WHEREAS, a maximum of five light duty towers are to be appointed and a maximum of two heavy duty towers are to be appointed; and

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

            Section 1.       The following applicants are approved for light duty towing services for 2012:

            1.         Mt. View Auto, 76 Mt. View Blvd., Wayne, NJ 07470

            2.         Hiawatha Towing, Inc., 42 N. Beverwyck Road, Lake Hiawatha, NJ 07034

            3.         C & L Towing Services, 73 Eagle Rock Avenue, East Hanover, NJ 07936

4.                  Boonton Service, 686 Main Road, Towaco, NJ 07082

5.                  Mike’s Automotive/Pompton Plains Service, 19 Jackson Avenue, Pompton Plains, NJ 07444

 

            Section 2.       The following applicants are approved for heavy duty towing services 2012:

            1.         Mt. View Auto, 76 Mt. View Blvd., Wayne, NJ 07470

            2.         MJ Corigliano Towing, Inc., 27 Intervale Road, Boonton, NJ 07005

 

            Section 3.       The following applicants are approved for standby for light duty towing services and are approved for immediate appointment to the light duty towing services rotation (in the order below) should a vacancy occur during the calendar year 2012.

 

            1.         Ajaco Towing, 1029 Edwards Road, Parsippany, NJ 07054

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION:  05/04/12 to 05/12/12.  Signs permitted as per signage plan dated 03/15/12.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC:  04/23/12 to 05/11/12.  Signs permitted as per signage plan dated 03/20/12.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW OUTDOOR EQUIPMENT CABINET ON THE 86 RIVER ROAD MONOPOLE AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE BETWEEN THE TOWNSHIP OF MONTVILLE AND SPRINT SPECTRUM, L.P. TO PERMIT THE CONSTRUCTION OF OUTDOOR EQUIPMENT CABINET:

 

            WHEREAS, Sprint Spectrum leases the 168’ monopole cell tower located on Township property at the 86 River Road Complex; and

            WHEREAS, Crown Castle, on behalf of MetroPCS (a co-locator), is proposing to install a new outdoor equipment cabinet.  The proposed cabinet is 36” x 36” x 72” and will be installed on existing ground supports within the existing fenced compound; and

            WHEREAS, the agreement between Sprint Spectrum, L.P. and the Township of Montville requires the Township’s consent to the modification of existing equipment; and

            WHEREAS, the Township Engineer has reviewed the plans submitted and has recommended that the Township approve the plans.

            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 of Montville hereby consents to the request of Crown Castle, on behalf of MetroPCS (a co-locator), to install a new outdoor equipment cabinet at the 86 River Road Complex and that the appropriate municipal officials are hereby authorized to execute an amendment to the Agreement between the Township of Montville and the Sprint Spectrum, L.P. to permit this modification.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE LAND CONSERVANCY OF NEW JERSEY:

 

WHEREAS, there exists the need for open space advisory services; and

            WHEREAS, the Township desires to enter into an agreement with the Land Conservancy of New Jersey for the year 2012; and

            WHEREAS, the maximum amount of the contract shall not exceed $1,000.00 and/or ten hours as per proposal (Option 3) dated March 7, 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 appropriate Municipal Official is hereby authorized and directed to execute a letter agreement dated March 7, 2012 for open space advisory services for a total amount not to exceed $1,000.00 and/or ten hours.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING THE AWARD OF CONTRACTS FOR PROFESSIONAL SERVICES – BOND COUNSEL AND WATER & SEWER CONSULTING ENGINEER:

 

WHEREAS, there exists a need for various Professional Services and has determined to award these contracts as a professional service without obtaining competitive bids or quotations pursuant to the provisions of NJSA 19:44A-20.5; and

WHEREAS, the anticipated term of the contracts are not to exceed one year and proposals have been submitted; and

 

WHEREAS, the professionals have completed and submitted Business Entity Disclosure Certifications which certify that they have not made any reportable contributions to a political or candidate committee in the Township of Montville for the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract; and

 

WHEREAS, the Chief Financial Officer has certified that the funds are available for these contracts;

 

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

 

1.         The Township of Montville hereby awards and authorizes the execution of Professional Service Contracts as follows:

 

McManimon & Scotland, LLC – Edward J. McManimon, III, Bond Counsel – 04/01/12 to 12/31/12 - not to exceed $22,000.00

 

Anderson & Denzler Associates – William Ryden, Engineer, Water & Sewer Department – 04/01/12 to 12/31/12 – not to exceed $107,000.00

 

2.         These Contracts are awarded without competitive bidding as Professional Services in accordance with N.J.S.A. 40A:11-5(10)(a) of the Local Contracts Law because said Services are performed by a person(s) authorized by law to practice a recognized profession.  The contracts are available for public inspection in the office of the Municipal Clerk.

 

3.         The Business Entity Certifications and the Determination of Value be placed on file with this resolution.

 

4.         A Notice of this Resolution shall be printed once in the Official Newspaper of the Township of Montville.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING THE TRANSMITTAL OF 2012 ASSOCIATION OF NEW JERSEY ENVIRONMENTAL COMMISSIONS (ANJEC) SUSTAINABLE LAND USE PLANNING GRANT PROGRAM APPLICATION – PREPARATION OF UPDATE TO ENVIRONMENTAL RESOURCES INVENTORY (ERI):

 

WHEREAS, the 2012 ANJEC funds are available for the Sustainable Land Use Planning Purposes: and

 

WHEREAS, the Township of Montville seeks to prepare an update to the Environmental Resources Inventory (ERI) as required by N.J.S. 40:56A-1 et seq. and last prepared in 1992 and prior to that 1981; and

 

WHEREAS, the Township of Montville Environmental Commission enthusiastically supports the submission of this application and has a provided a letter of support stating such; and

 

WHEREAS, the Township of Montville acknowledges that the grant is a matching, reimbursement grant and the Township guarantees to provide matching funds in the amount of $7000 and $2000 of in-kind volunteer labor; and

 

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

 

The appropriate officials are hereby authorized, encouraged, and supported to submit the 2012 ANJEC Sustainable Land Use Planning Grant Application - Environmental Resources Inventory (ERI) update.

 

CONSENT AGENDA ITEM K – ACCEPTANCE OF RESIGNATION OF NANCY CONDIT FROM THE HISTORIC PRESERVATION REVIEW COMMISSION:  Resignation effective 04/01/12.  Accepted with deep regret.  Mrs. Condit was a member for 27 years.

 

CONSENT AGENDA ITEM L – APPOINTMENT OF JOANNE VAN STEYN TO THE RESIDENTS’ WITH DISABILITIES ADVISORY COMMITTEE:  Unexpired three-year term ending 12/31/13.

 

RESOLUTIONS:

 

NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND JERSEY CENTRAL POWER & LIGHT COMPANY:

 

WHEREAS, the Township has requested the installation of electric distribution facilities in connection with the Montville Township Soccer Field Lighting Project; and

            WHEREAS, the installation requires the Township to enter in to an Agreement for Installation of Electric Distribution Facilities.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Agreement between the Township of Montville and the Jersey Central Power & Light Company for installation of electric distribution facilities utilizing a “refundable customer contribution” in connection with the Montville Township Soccer Field Lighting Project.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS 2011:

 

WHEREAS, N. J. S. 40A-4-49 provides that all unexpected balances carried forward after 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 which are expected to be insufficient during the first three months of the succeeding year.

                       

            WHEREAS,  permission has been received from the Director of the Division of Local Government Services for approval as a Dedication of Rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and

 

WHEREAS,  NJAC 5:30-15 permits municipalities to receive amounts for costs incurred for accumulated absences; and

            WHEREAS,  P. L. 2001 c. 138 permits municipalities to lapse unexpended balances budgeted annually for snow removal; and

                                                                                                                       

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville that the transfer in the amount of $95,000 be made between the 2011 Budget Appropriation Reserves as follows:

 

                                                            FROM                                     TO

 

Group Ins OE                                      $25,000

Police S & W                                      $10,000

Solid Waste                                        $25,000

Electric OE                                         $35,000

 

Roads, Snow & Ice                                                                             $60,000

Accumulated Absences                                                                      $35,000

 

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

 

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

 

NO. 4 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Motion:  Gallopo.  Second:  Kostka.  Roll call vote – all yes.  Resolution adopted.

 

NO. 5 – RESOLUTION TO EXTEND THE TEMPORARY BUDGET:

 

WHEREAS, The 2012 Budget for the Township of Montville has not been adopted; and

 

            WHEREAS, appropriation balances provided for under the 2012 Temporary Budget are not sufficient to meet the needs of the Township of Montville, until the adoption of the 2012 budget; and

 

            WHEREAS, N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

            WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2012 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total $4,874,710;

 

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville in the County of Morris, State of New Jersey, (not less than two-thirds of all members thereof affirmatively concurring)  that in accordance with the provisions of N.J.S.A. 40A:4-20:

 

1) Emergency temporary appropriations be and the same is hereby made for the amount indicated as follows:

 

                        Current Fund               $ 4,227,946

                        Water Utility                 $    272,234

                        Sewer Utility                $    374,530

 

2) That said emergency temporary appropriations will be provided for in the 2012 budget.

 

3) That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

 

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

 

NO. 6 – APPOINTMENT OF LAWRENCE KORNREICH TO THE PLANNING BOARD:  Environmental Commission liaison, one-year unexpired term ending 12/31/12.

 

Gallopo requested the Maple Avenue discussion be scheduled for April 24 as he will not be at the April 10 meeting.  Township Committee – ok.

 

Meeting adjourned at 12:55 a.m.  Motion:  Nielson.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

 

Approved November 13, 2012

Montville Township Committee

 

 

                                               

Tim Braden, Mayor

 

 

Last Updated ( Thursday, 29 November 2012 )
 
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