MEETING MINUTES—January 9, 2007

Montville Township Committee Regular Meeting

Tuesday, January 9, 2007, 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 Art Daughtry:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

Present:            Committeeman Stephen Moscone

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeewoman Deborah Nielson

                        Chairman Art Daughtry

Also present:            Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Thomas Mazzaccaro, DPW/Water & Sewer Director

Robert Oostdyk, Township Attorney

Martin Murphy, Township Attorney (late arrival)

RESOLUTION NO. 2007-CES-010907A 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 – Litigation – Montville Center Associates; Pio Costa; South Salem Associates; Lotta Lettuce; Contract Negotiation – First Aid Squad.

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

At 7:05 p.m. – Closed Session.  At 8:10 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeewoman Bader.

DISCUSSION ITEMS:

NO. 1 – CAMP DAWSON ICE SKATING:  Frank Bastone, Township Administrator, reported this is on the agenda to clarify the issue.  At our meeting, we asked them to go to the Recreation Commission.  Recreation recommended using Community Park.  Our Engineer has found that it is not feasible at Community Park.  It is my recommendation to have it at Camp Dawson, but handled by the Recreation Commission.  They have a meeting tomorrow night. 

Committeeman Sandham stated at this point, I am assuming the Towaco Civic Association is going to go back to Recreation tomorrow, satisfy their questions, and it does not need to come back to us. 

Christina Renfer, TCA, stated she does not understand why they have to go back and forth to Recreation.  It has already been in the newspapers.  We do not know what the questions are. 

Committeewoman Nielson stated Gail Shube was at the Recreation meeting.  We are a policy-making group.  We endorse this.  We have referred it out to Recreation, who has the expertise. 

Renfer state they were not aware of any problems. 

Chairman Daughtry stated the insurance had to be researched, and the thickness of the ice.  I think that was resolved.

Bastone state there are issues that have to be resolved.  As far as the insurance is concerned, the JIF has requirements.  The only expense that the Township would have is for one of our employees to test the ice because we are liable.

Renfer stated they decided last night that the beginning of next week they have to decide if they are having it because of the weather. 

Bastone stated as it stands right now, it is going back to Recreation – that it will be at Camp Dawson. 

Renfer stated if it does not happen in January, they are not going to have it this year. 

Gail Shube, TCA, stated she was under the impression that the only issue was the insurance.

Daughtry stated if something still needs to be worked out after the Recreation meeting, Committeewoman Nielson will get back to us. 

Richard Cieri, Recreation Chairman, stated they gave the TCA a list of items that we wanted them to look at – food, will they require electrical, is there a Health Department permit needed?  They were part of our meeting – there were two representatives.  We left it for them to get back to us.  We made the suggestion to have it at Community Park because there are facilities there.  We just suggested that.  We understand that the Township Engineer went out there and said there couldn’t be skating there.  We didn’t tell them they could not have it at Camp Dawson.  I feel it should go back to Recreation, and we will take care of it. 

Renfer stated it was their understanding that since the archers use the barn for meetings, that the barn was okay to use.

Rich Ford, TCA, stated he was at the Recreation meeting.  I went back the next day to Mrs. Witty and she only said that the issue was insurance.  That was the only thing we heard either way.

NO. 2 – COMMUNITY DEVELOPMENT 2007 APPLICATION:  Bastone reported the application is due January 26.  We are now only allowed to submit one application.  I met with the Department Heads.  Options:  additional handicap parking spaces at the Municipal Building or a new Dial-A-Ride bus to replace the current one. 

Bastone stated he recommends the handicap parking spaces. 

Committeeman Sandham stated if there is grant money available for a bus, they should go after the grant money.  We were potentially talking about expanding the Dial-A-Ride program to the disabled if there is a need.  I brought these options up to the Residents with Disabilities Advisory Committee last night.  They want the additional handicap spaces. 

Committeewoman Bader stated the Board of Health felt the opposite.  They feel a new bus is needed. 

Daughtry asked if the Board of Education is actually going to get involved in town hall, will that impact handicap access?  Bastone replied he did not think so.  The existing problem is the walk from the handicap spaces is too long.  This is a problem whether or not the BOE comes here. 

Martin Murphy, Township Attorney, arrived at this time.

Nielson asked how many parking spaces.  Sandham stated three and improvement of the access – walkways, etc.

Nielson stated she is in a quandary because the bus breaks down a lot.  I need to know how bad the bus is.  If the BOE does come here, there will be improved access, and that can be combined. 

Sandham stated they don’t know if the BOE is coming here.

Bader stated the bus is 15 years old. 

Sandham asked Mr. Bastone why he recommends the handicap spaces for the application. 

Bastone stated they are going to end up doing both of these projects.  I would rather get a grant for $100,000, and get the $60,000 from the taxpayers. 

Nielson asked if he is planning on doing both this year.

Bastone stated the bus is not in the capital budget this year. 

Township Committee all agreed - $100,000 – handicap spaces.

NO. 3 – FORECLOSURE AFFORDABLE HOUSING UNIT:  Robert Oostdyk, Township Attorney, stated this is a new complaint that came in.  We are named as a party because it is an affordable housing unit.  We cannot prevent the foreclosure from taking place.   One time in the past we did go to the bank, bought the property, and then sold it to a qualified party.  There was no one living there at that time.  There is someone living in this unit.  I will tell you that sometimes these are resolved before foreclosure.  We remain over currently for COAH.  We don’t want to lose units if we don’t have to. 

Sandham stated I understand we can sell excess units. 

Nielson stated I have asked our planner to prepare a presentation to the Planning Board and to us regarding COAH.  All the rules have changed.  It is very involved.

Oostdyk left the meeting at this time.

NO. 4 – MEETING SCHEDULE 2007:  Township Committee November 13 meeting changed to Monday, November 12.  July 24 meeting cancelled.  In June, the Township Committee will decide if they want to cancel August 28 meeting.

REPORTS:

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, referred to his written report submitted to the Township Committee.  Changebridge Road – they have requested the County reduce the speed limit from the Horseneck Road intersection north to Route 202. 

Safe Routes to School Grant – Bastone worked with Tony Barile, Township Engineer, on this application for sidewalks from Church Lane to Lazar School.  The cost is $300,000.  We expect to hear back from DOT in April or May. 

Sewer rates went up January 1 by $11.

Fees – Bastone stated he has received recommendations for increases in fees from Recreation, the Clerk, and the Engineer.  I try to deal with fees by having all new fees adopted by January 1.  Township Committee agreed – proceed with ordinance to make the changes.

Bastone reported that a resident on River Road has requested a reduction in the speed limit.  Township Committee – ask the Police Department to see if it is feasible enough to do.

NO. 2 – ATTORNEY:  None.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, referred to her written report submitted to the Township Committee.  The Township received a check in the amount of $2,885 from the Estate of Anne M. Ludeking for our Animal Shelter for the welfare of homeless cats and kittens.  Township Committee – ok. 

Vanderhoof stated she submitted a report on the dome.  We have been experiencing problems with the heater. 

Vanderhoof reported Kiwanis would like to start work on the Camp Dawson bathrooms.  Mrs. Witty is going to ask Recreation if we can spend the $15,000 the Township committed out of the $140,000 from cancelled Recreation projects. 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Tony Speciale, 27 Maple Avenue, Pine Brook, stated there is a safety issue at the intersection of New Maple Avenue and Hook Mountain Road.  The sign actually faces from south to north.  People coming off of Route 80 always turn into oncoming traffic.  He provided the Administrator with a picture.  Bastone stated they will take care of it.

Committeeman Moscone left the meeting at this time.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-01 CALENDAR YEAR 2007 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (NJSA 40A:4-45.14):

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 23, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 - ORDINANCE NO. 2007-02 TO VACATE A 33’ RIGHT OF WAY BETWEEN ROOME ROAD AND REDDING PLACE:  Introduction held to next meeting.

NO. 3 – ORDINANCE NO. 2007-03 AMENDING ORDINANCE NO. 2006-26 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:  Titles amended.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for January 23, 2007, at 8 p.m.  Motion:  Bader.  Second:  Sandham.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA 2007-CA2:  Motion:  Sandham.  Second:  Bader.  All in favor except Moscone – absent.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT 2007:  Duplicate payment.  Block 82.7, Lot 56 C0137, Richard White/Myra Garcia, 8 Ridge Drive North, Montville.  $2,234.82.

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING TAX SALE CERTIFICATE #06-00011 PREMIUM REFUND: 

            WHEREAS, Tax Sale Certificate #06-00011 has been redeemed; and

            WHEREAS, a premium was paid at the time of the sale on October 18, 2006 of $1,000.00;

            NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be authorized to draw a check to the following:

            Block 163, Lot 51

            Plymouth Park Tax Service

            P.O. Box 2288

            Morristown, NJ 07962-2288                 $1,000.00

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:

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

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

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

NAME/LOCATION	TYPE OF BOND	AMOUNT TO BE RETURNED
T. & F. Mattiace 39 Stony Brook Road Montville, New Jersey (Block 21.01, Lot 21)	Driveway	$1,000.00
Online Communications Frank Freihart 2 Wortman Way Chester, New Jersey (Block 33, Lot 40.17) 7 Pond View [NOTE: SOIL MOVEMENT PERMIT APPLICATION WAS WITHDRAWN]	Soil Movement Fee Soil Movement Bond Soil Movement Escrow	$109.00 $225.00 $1,000.00
C. & G. Buechler 10 Berlin Lane Towaco, New Jersey (Block 100, Lot 4.08)	Driveway Soil Stabilization	$3,000.00 $2,300.00

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

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE LEASE OF THE SENIOR HOUSE TO MORRIS COUNTY FOR USE AS A NUTRITION PROJECT SITE YEAR 2007:

WHEREAS, the Local Lands and Buildings Law N.J.S.A. 40A:12-14(b) et seq. authorizes the lease by municipality of any real property not needed for public use to a public body; and

           

WHEREAS, the Morris County Board of Chosen Freeholders has requested the use of the Senior House owned by the Township of Montville for the purposes of the Human Services Department Nutrition Project for site operations; and

           

WHEREAS, the Township Committee has determined that a public purpose will be served by the use of the Senior House by the Nutrition Project site operations; and

           

WHEREAS, the Township Committee has determined that numerous citizens of the Township of Montville and neighboring municipalities will be benefited by services proposed by the Nutrition Project site operations.

           

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 Township officials are hereby authorized to execute the lease attached hereto for the Senior House to the Morris County Board of Chosen Freeholders. 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE BOROUGH OF MOUNTAIN LAKES (HEALTH SERVICES 2007):

WHEREAS, the Board of Health of the Township of Montville has advised the Township Committee of their desire to have the Township enter into an Interlocal Services Agreement with the Borough of Mountain Lakes for health services for the Year 2007; and

           

WHEREAS, the Township of Montville has agreed to provide the Borough of Mountain Lakes with health services under such terms and conditions as are set forth in a "Contract for Health Service" attached hereto; and

           

WHEREAS, pursuant to N.J.S.A. 40:8A-1, the Township of Montville may, by Resolution, enter into an Interlocal Services Agreement with another local governmental entity.

           

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 Township officials are hereby authorized to execute an agreement between the Township of Montville and the Borough of Mountain Lakes for the provision of health services for the year 2007 in the form attached hereto.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE FORMALIZED ADOPTION OF A RESOLUTION BY THE BOARD OF ADJUSTMENT FOR THE LAKE VALHALLA CLUB (APPLICATION NO. ZSPP-FCD25-06):

WHEREAS, the Lake Valhalla Club filed an application for preliminary and final site plan/use and bulk relief/design waivers for expansion of an existing facility with the Township of Montville Board of Adjustment; and

            WHEREAS, this application was filed under Application No. ZSPP-FCD25-06 for property located on Vista Road also known as Block 11, Lot 29, and Block 20, Lot 1, and Block 20.01, Lot 1; and

            WHEREAS, the Board of Adjustment granted approval for the application filed by the Lake Valhalla Club subject to formal adoption of the prepared Resolution at their next meeting; and

            WHEREAS, the Lake Valhalla Club has requested the issuance of a building permit prior to the formalization of a Resolution by the Board of Adjustment based upon exigent circumstances necessitating that construction begin; and

            WHEREAS, the Township Committee finds that there is no harm to the public interest in allowing the building permit to be issued prior to the formalized Resolution being adopted by the Board of Adjustment.

            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 Construction Department is hereby authorized to issue a building permit prior to the formalized adoption of a Resolution by the Township of Montville Board of Adjustment pursuant to Application No. ZSPP-FCD25-06, Lake Valhalla Club/Vista Road/Block 11, Lot 29; Block 20, Lot 1; Block 20.01, Lot 1, for preliminary final site plan, use and bulk relief, and design waivers for the expansion of an existing facility; and be it further

            RESOLVEDthat this authorization is given merely as an accommodation to the property owner and in no way circumvents the authority of the Township of Montville Board of Adjustment; and be it further

RESOLVED that the property owner bears all risks involved in proceeding with construction prior to the formal finalization of Board of Adjustment approval.

Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 2 – Deleted from agenda.

NO. 3 – RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GATHERING ROAD IMPROVEMENT PROJECT AND FINAL PAYMENT TO CIFELLI & SONS GENERAL CONSTRUCTIONS, INC.:

WHEREAS, Cifelli & Sons General Construction, Inc. is the contractor for the Gathering Road improvement project; and

           

WHEREAS, Anthony P. Barile, Jr., the Township Engineer, has recommended that the Gathering Road Improvement Project be accepted by the Township and that final payment be made; and

           

WHEREAS, Cifelli & Sons General Construction, Inc. has posted the required Maintenance Bond and filed the Affidavit of Release of Claims.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville accepts as final the Gathering Road Improvement Project and releases to Cifelli & Sons General Construction, Inc. final payment in full; and be it further

           

RESOLVED that the Township of Montville accepts Maintenance Bond No. BL0006596M issued by Aegis Insurance Company in the amount of $71,553.21 for a one year period.

Motion:  Bader.  Second:  Nielson.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

Committeeman Moscone returned to the meeting at this time.

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND GEBHARDT & KIEFER, P.C.:  Special counsel, South Salem Street Associates, LLC litigation July 1, 2006 to December 31, 2006, $10,569.47.  Motion:  Bader.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 5 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

COMMITTEE REPORTS:

Committeewoman Bader asked if they are continuing the discussion on sidewalks and when.  Bastone replied Tom Mazzaccaro and Tony Barile asked for a chance to review the existing ordinances.  I will expedite that.

Daughtry stated they accepted the report and took under advisement the Long-Term Financial Planning Committee’s recommendation.  We will add this to our action agenda.

Bader stated she will attend the Local Assistance Board meeting tomorrow.  Thursday night is a meeting with the Mayor, Historic Preservation Review Commission representative, Planning Board representatives, and myself to iron things out.

Committeeman Moscone stated they need to receive Recreation Commission minutes.

Daughtry stated also, they need to have the CFO and Administrator get the financial reports from all of the Township groups.  I would like a letter drafted.  Bastone stated they will do.

Moscone stated in the Administrator’s report, Community Park was not feasible for ice skating, but I don’t see the reason why.  Can Mr. Barile update us?  Bastone answered yes.

Committeewoman Nielson stated they had asked the interim Township Administrator to write a letter about the parking issue at NJ Transit.  We have an applicant before the Board of Adjustment that requested and received permission from NJ Transit to use it as additional parking.  We wanted NJ Transit to know that there are additional properties available, and I don’t know if this letter is adequate. 

Bastone stated the letter did not really address what the Township Committee wanted it to address.  Nielson stated we want NJ Transit to know that everyone should get a fair shake.

Daughtry stated his concern is that there are other properties to be developed, and they should also be able to use the parking.  Bastone stated your intent is an equitable distribution of parking to all of the property owners.  I will draft a letter, and I will speak to Linda White.  Nielson stated the Attorney should review the letter also.

Nielson stated we all received a letter from the Soccer Foundation asking for our blessing on safety fencing along Changebridge Road and a brick walkway.  It was discussed at the Recreation Commission.  They said yes to the netting and that a courtesy notice be sent to the residents. 

Sandham stated he would like to have Recreation formally endorse.  I would like the courtesy notice to go out before we give approval.  Nielson stated the netting is needed.  It is not a question. 

Daughtry stated we can give the blessing based on Recreation Commission approval if that is ok with Mr. Bastone and the Attorney.  Sandham stated I would feel better giving the homeowners notice.  Moscone stated we should tell them it has to be done.  Nielson stated a courtesy notice would be a good thing.

Township Committee agreed – send notification to residents for January 23 meeting.  Also notify the Soccer Foundation.

Committeeman Sandham asked if the turf field remediation has been taken care of.  Bastone stated they had to repair the seams.  We talked to the contractor about an extension of his one-year maintenance.  He indicated the manufacturer provides an eight-year maintenance.  We requested the contractor provide us a letter confirming that. 

Sandham asked if we received any bids for the new liquor license.  Township Clerk responded no.

Sandham congratulated the Chamber of Commerce award winners for 2006.

Chairman Daughtry stated this Township Committee over the last few years has always talked about objective and goals for our Administrator.  What I am hoping to do by January 23 is have a list of the blue chip items.  I don’t want to lose sight of the core issues.  Agenda item for next meeting.  There will also be an action item list.  This will be a living document.  There may be items added or deleted.  Every meeting I would like to have this list to refer to, so we don’t lose sight of anything.

Daughtry asked if there is a budget target date.  Bastone answered he will be prepared to answer that at the next meeting.  I have gone through operating expenses with the Department Heads.  I finished Water & Sewer last week and Tom Mazzaccaro is reviewing.  We are going to have to work on capital.  We are working on revenues now. 

Daughtry stated he would like to have the Township Committee review the original lease with the First Aid Squad.

RESOLUTION NO. 2007-CES-010907B 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 – Personnel.

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

At 10 p.m. – Closed Session.

Meeting adjourned at 10:25 p.m.  Motion:  Sandham.  Second:  Nielson.  All in favor.  Motion approved.

Respectfully submitted,

                                                           

Gertrude H. Atkinson, Township Clerk