TC Minutes 02-13-07 Print E-mail

MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—February 13, 2007

Montville Township Committee Regular Meeting

Tuesday, February 13, 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 (arrival 7:07 p.m.)

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, Water & Sewer Director

Martin Murphy, Township Attorney

RESOLUTION NO. 2007-CES-021307 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 – Property Acquisition; Litigation – Montville Center Associates.

Motion:  Nielson.  Second:  Bader.  All in favor except Moscone - absent.  Resolution adopted.

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

Prayer and Pledge of Allegiance led by Committeeman Moscone.

DISCUSSION ITEMS:

NO. 4 – BOARD OF EDUCATION OFFICES RELOCATION:  Present from the Board of Education:  Jon Alin, President; Timothy Lindert; and Dr. Gary Bowen, Superintendent of Schools.

Frank Bastone, Township Administrator, referred to his report and drawing of proposed reorganization of the Municipal Building dated February 8, 2007.  He had a meeting with the Board of Education subcommittee.  The last proposal from the BOE was to construct a 3,000 s.f. addition and occupy 5,000 s.f. of existing space in the Municipal Building.  I reviewed the Township’s current functional arrangement and offered that the Township could give the BOE the existing Health Department space and rearrange the current office layout to accommodate all municipal offices.  All municipal functions will be maintained at the Municipal Building.  No offices will be located in the basement. 

Bastone distributed a preliminary draft of the addition from the BOE architect that was just received tonight.  The addition would have a separate BOE entrance.  They are also taking over the Health Department.  The next step is to have the architect look at my drawing to see if the reorganization is feasible. 

Committeewoman Nielson asked what the cost estimate is.  Bastone replied there is no cost estimate yet.  Option #5 was approximately $1.5 million. 

Nielson stated we could demolish 86 River Road and give the BOE space for not much more than that.  There is more land and maneuverability at 86 River Road.  Is an addition at the Municipal Building a good fit for present and future needs?

Bastone stated they need to go to the next step, see what is feasible and what the costs are, and then make a determination.  Financing – I did speak to bond counsel, and he is ok with us financing the project and being paid back. 

Alin stated if something like this could work, it would be the best option for the BOE. 

Bowen stated he has given the architect the authority to move forward.  We will update the full board at the BOE meeting on February 21. 

NO. 1 – ENDANGERED SPECIES ROAD CROSSING PROJECT:  Hugh Merritt, Environmental Commission, present. 

Bastone stated they need Township Committee approval to close the roadway to allow for the crossing. 

Committeeman Moscone asked if they notified the residents.

Merritt answered yes, it is part of the plan to notice the residents.  Tomorrow, the press release will go out to call for volunteers.  The Township will have to notice the residents.  The volunteers will be happy to hand deliver the notices. 

Chairman Daughtry asked if we can put a sign up well in advance.  Merritt stated depending on the weather, the crossing is the second or third week of March.  It only affects a few homes on Peace Valley Road.

Moscone stated he would like the residents noticed that this will be discussed at our next meeting.

Motion made by Committeewoman Nielson to approve the project.  Second:  Bader.  All in favor.  Motion approved.  Township to send notice to Peace Valley Road residents and Lincoln Park.

Martin Murphy, Township Attorney, stated they should approve the road closure by resolution.  It will be on the next meeting’s agenda.

PUBLIC HEARINGS ON ORDINANCE FOR FINAL ADOPTION:

NO. 1 – ORDINANCE NO. 2007-02 TO VACATE A 33’ RIGHT OF WAY BETWEEN ROOME ROAD AND REDDING PLACE:

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.

Motion to adopt ordinance:  Moscone.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Ordinance adopted.

REPORTS:

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, distributed an update on litigation.  The Montville Center matter has been settled.  We will have to pay them additional funds of approximately $1.3 million, and we will be addressing that in the next few weeks.

Hunting permits – Murphy reported that we cannot discriminate between residents and nonresidents as most of the properties are open space or on the ROSI.  We could charge a fee for hunting.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported she sent out 16 letters requesting financial statements from organizations.  She has received four back. 

Vanderhoof distributed report on tax appeals since last revaluation. 

NO. 4 – ENGINEER:  None.

DISCUSSION ITEMS:

NO. 2 – DEER:  Bastone reported he had a discussion with Morris County, and they will expand their deer culling program onto Township property that is immediately contiguous to Pyramid Mountain.  Displayed map.  We will have to change our hunting map to eliminate that parcel.  That parcel will now only be open to hunters involved in the Morris County deer culling program.  We will put in the Montville Messenger.  The Environmental Commission is also on board. 

Township Committee agreed – implement the program, see how it goes, and evaluate it.  Motion:  Moscone.  Second:  Sandham.  All in favor.  Motion approved.

NO. 3 – ANIMAL CONTROL VOLUNTEER PROGRAM:  Bastone reported the Township Committee has a copy of the recommendation of the Health Officer, animal control personnel, and himself of a policy on the animal control volunteer program.  Sandham stated there are two administrative corrections.  Motion to approve policy:  Nielson.  Second:  Moscone.  All in favor.  Motion approved.

NO. 5 – FEE POLICY:  Bastone reported a letter was received from San Dol Korean Church requesting a waiver of land use application fees.  There is a State law that allows us to waive fees.  It must be done for all organizations.  Murphy distributed a copy of the law.  Bastone stated it cannot be done on a case-by-case basis.

Murphy stated historically, Montville Township has waived fees for religious organizations that have asked.  The proper way to do it is to adopt an ordinance.  This is specifically for Board of Adjustment and Planning Board fees under the land use law.

Thomas Mazzaccaro, Water & Sewer Director, stated historically, the MUA deferred water and sewer connection fees.  If the religious institution becomes not a religious institution, then they would have to pay.

Township Committee discussion – do we need an ordinance for this?  Murphy stated he will look into.  Introduce ordinance regarding land use fee waiver at next meeting.  Approve San Dol Korean Church’s request for waiver of fees pending adoption of ordinance.  Motion:  Nielson.  Second:  Sandham.  All in favor.  Motion approved.

NO. 6 – HOUSEHOLD BATTERY RECYCLING PROGRAM:  Bastone referred to his memo dated January 29, 2007.  A group of students would like to do a battery recycling program.  He met with the principal, teachers, and students.  The Board of Education approved this last week.  There have been a few residents interested in this also.  Daughtry asked if the County accepts household batteries.  Bastone answered yes.  Mazzaccaro will look into.  Bastone will put information in the Montville Messenger regarding the program.  Motion to approve:  Moscone.  Second:  Nielson.  All in favor.  Motion approved.

REPORTS:

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported they have been making good progress on 86 River Road.  MBSA will be using 5th Base to sell packaged foods.  They have a vendor with a trailer to use for food this summer.  Animal Shelter functions will be moved to the other bay.  We have received eight RFP’s from architects for the Animal Shelter.  We conducted some interviews and will be conducting more.

Township Committee discussed notifying the neighbors of 86 River Road regarding possible changes/improvements.  Everyone within 200 feet will be notified.

Budget – Bastone handed out the anticipated revenue summary and budget appropriations.  The biggest loss of surplus is the tax appeal payouts.  $1.3 million increase.  Approximately 7% increase.  There is significant work to do in reviewing the capital requests.  Still have to do some work on the water & sewer budgets.  Bastone recommended spending time on the capital budget in budget meetings.

Committeeman Sandham suggested spending one hour at a Township Committee meeting reviewing operating expenses.  Pre-submit questions to Frances Vanderhoof and Frank Bastone.  Meeting set up for February 27 at 6 p.m.  February 22 is the deadline for questions.

Bastone reported they received a letter from a resident on Benefly Road regarding the status of that road.  The Township Attorney gave me a proposed letter to send to the resident.  Township Committee – ok.

Website – Bastone reported he met with the Mayor, Bob Perkins, and Mr. Roman on January 23 regarding Roman providing a website.  Will check on the status of that.

Wood burning stoves – Bastone reported the Northeast States for Coordinated Air Use Management has established guidelines for the operating of wood burning furnaces.  The Health Department will be obtaining those guidelines with the intent of developing an ordinance for the Township.

Revision to Community Development Block Grant application – Bastone stated they are adding approximately $5,000 for automated front doors to the Municipal Building. 

RESOLUTION AUTHORIZING THE SUBMITTAL OF AMENDED 2007 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE COUNTY OF MORRIS:

            WHEREAS, 2007 Community Development Block Grant funds are available through the County of Morris; and

            Whereas, a public meeting was held on January 23, 2007 to discuss applications for such funds; and

            WHEREAS, an application was previously authorized and submitted for handicapped parking facility improvements at the Municipal Building for $80,000; and

            WHEREAS, a public meeting was held on February 13, 2007 to discuss an amendment to the application and resubmission.

            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 officials are hereby authorized to execute and submit an amended 2007 Community Development Public Facilities Application for the Handicapped Parking facility improvements to include handicapped accessible automatic entrance doors at the Municipal Building for $80,000.

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

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:  None.

ORDINANCE INTRODUCTIONS: 

NO. 1 – ORDINANCE NO. 2007-04 ACCEPTING THE CONVEYANCE OF PROPERTY FROM IVAN MARKOVSKI AND GRACE MARKOVSKI – BLOCK 21.01, LOT 33.02, 5 STONYBROOK ROAD:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 27, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-05 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $17,000.00:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 27, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Nielson.   

Discussion:  Bastone stated this is the removal of oil tanks and sealing of wells.  Nielson asked if this was in accordance with the referendum that was passed by the voters, and are we setting a precedent here giving the nature of the time that has passed?  Murphy stated under the statute which authorizes an open space tax, this can be done.  However, when we adopted our ordinance, it only stated acquisition.  This is maintenance.  Nielson stated she does not believe our ordinance should be amended.  I don’t think that was the intent of the voters.  These things should be identified at the time of acquisition.  Bastone stated initially, about eight items were requested to be done.  We identified these items as things that need to be done to preserve the land as open space. 

Vanderhoof stated over the last twenty years they have spent money to preserve open space; such as, removing the house on he Robbins tract.  Nielson stated she agrees, but that was done during the acquisition process.  Sandham stated he agrees, some of these things should have been done during the acquisition – the passage of time is irrelevant.  Nielson stated the referendum clearly stated during the acquisition process.  We have issues with the open space funding now.

Daughtry asked Mr. Murphy for his opinion.  Murphy stated to him, it is maintenance.  My recommendation would be to consider amending the ordinance. 

Bader, Nielson, and Moscone agreed they would like to leave the open space ordinance the way it is.  Sandham stated he is in favor of changing the ordinance. 

Roll call vote on introduction of Ordinance No. 2007-05:  Moscone, no; Sandham, yes; Bader, no; Nielson, no; Daughtry, no.  Ordinance NOT introduced.

Daughtry stated he feels they really do need to look at amending the ordinance.  Township Committee authorized Mr. Murphy to prepare an ordinance and list items that they have done in the past.

NO. 3 – ORDINANCE NO. 2007-06 AMENDING CHAPTER 2.92 (DRUG AWARENESS AND MUNICIPAL ALLIANCE COUNCIL) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE: 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 27, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 4 – ORDINANCE NO. 2007-07:  Deleted from agenda.

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2007-CA4:  Motion:  Sandham.  Second:  Moscone.  All in favor.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING TAX SALE CERTIFICATE #06-00004 PREMIUM REFUND: 

            WHEREAS, Tax Sale Certificate #06-00004 has been redeemed; and

            WHEREAS, a premium was paid at the time of the sale on October 18, 2006 in the amount of $40,300.00;

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

            Block 52, Lot 65

            Robert Rothman

            411 Grant Avenue

            Englewood, NJ 07631

CONSENT AGENDA ITEM B – 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

Mr. Minto Gill

128B Kiel Avenue

Kinnelon, New Jersey  07405

(Block 90, Lot 41.01) 12 Holbrook Court

Curb/Utility/Trench/Inlet

$4,000.00

A. & K. Mangano

P.O. Box 303

Pine Brook, New Jersey

(Block 110, Lot 21.02) 3 Plane Court

Driveway

$2,300.00

Mr. Frank Francese

156 A Pine Brook Road

Montville, New Jersey

(Block 122, Lot 24.4)

Road Opening

$  662.00

P. & L. Russo

5 Oakwood Court

Towaco, New Jersey

(Block 21.1, Lot 39.3)

Road Opening

$   550.00

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

CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING PERFORMANCE BOND – LAKE VALHALLA CLUB – BLOCK 11, LOT 29; BLOCK 20, LOT 1; BLOCK 22.1, LOT 1:  Application #ZSPP/FDC25-06, performance guarantee for paving and striping of the crosswalk, $4,800.00 cash.

CONSENT AGENDA ITEM D – RESOLUTION ACCEPTING PERFORMANCE BOND – DANIEL VIDOVICH AND DIANE VIDOVICH – BLOCK 109, LOT 42, 27 REDDING PLACE:

WHEREAS, Daniel Vidovich and Diane Vidovich, the developers of property known as Block 109, Lot 42 (27 Redding Place), are required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, Daniel Vidovich and Diane Vidovich have submitted a Performance Guarantee in the form of Performance Surety Bond No. S11525 issued by First Indemnity of America Insurance Company in the amount of $81,404.48 and cash in the amount of $9,044.84; and

           

WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance.

           

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 Performance Guarantee submitted by Daniel Vidovich and Diane Vidovich in the form of  Performance Surety Bond No. S11525 issued by First Indemnity of America Insurance Company in the amount of $81,404.48 and cash in the amount of $9,044.84 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

CONSENT AGENDA ITEM E – RESOLUTION RELEASING CHUX LANDSCAPING, INC. – BLOCK 156, LOT 33, CHANGEBRIDGE ROAD – FROM PERFORMANCE GUARANTEE:

WHEREAS, Chux Landscaping, Inc., the developer of property known as Block 156, Lots 32 and 33, has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be released from liability under the Performance Guarantee being held by the Township; and

            WHEREAS,the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and

            WHEREAS,the Township Committee has reviewed the recommendations of the Township Engineer.

            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 Performance Guarantee posted by Chux Landscaping, Inc. in the form of Performance Bond No. 69332230 in the amount of $10,000.00 issued by Western Surety Company and cash in the amount of $13,200.00 shall be released.

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE BOROUGH OF LINCOLN PARK FOR ANIMAL CONTROL 2007:  As per agreement.

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE AWARD OF AN EXTRAORDINARY, UNSPECIFIABLE SERVICES CONTRACT:

WHEREAS, there exists the need for education services for the Township of Montville in conjunction with the Montville Township Water Conservation/Education Program for Montville Schools for 2007; and       

WHEREAS, the maximum amount of the contract is $45,538.00; and

            WHEREAS, the Local Public Contracts Law requires that a Resolution authorizing the award of contracts for “Extraordinary, Unspecifiable Services” without competitive bids and the contract itself must be available for public inspection; 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:

            1.            The Mayor and the Clerk are hereby authorized and directed to execute an agreement with Susan Conover Marinello.

            2.            This contract is awarded without competitive bidding as an “Extraordinary, Unspecifiable Service” in accordance with 40A:11-5(1)(a) of the Local Public Contracts Law because education services for the Township are specialized and qualitative in nature requiring expertise, extensive training, and a proven reputation.

CONSENT AGENDA ITEM H – RESOLUTION ACKNOWLEDGING THE FILING OF A RESTRICTION PROHIBITING FURTHER SUBDIVISION FROM TIMOTHY HORAN AND TAMMY HORAN – LOT 16, BLOCK 3:

WHEREAS, Timothy Horan and Tammy Horan are the owners of real property located in the Township of Montville and known as Block 3, Lot 16 (80 Stonybrook Road); and

           

WHEREAS, in connection with the subdivision approval granted by the Township of Montville Planning Board, the property owners were required to grant and convey a Deed Restriction Prohibiting Further Subdivision of Grantor's property; and

           

WHEREAS, Timothy Horan and Tammy Horan have executed and recorded a Deed Restriction Prohibiting Further Subdivision of property known as Block 3, Lot 16 (80 Stonybrook Road) and provided that the provisions of the restriction are enforceable at law or equity by the Township of Montville.

           

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 acknowledges the filing of a Deed Restriction Prohibiting Further Subdivision on property known as Block 3, Lot 16 (80 Stonybrook Road) in the Township of Montville and accepts this Deed as satisfying the requirement of the Planning Board of the Township of Montville in connection with the subdivision approval.

CONSENT AGENDA ITEM I – RESOLUTION OF THE TOWNSHIP OF MONTVILLE OPPOSING A-3857 AND S-2451 WHICH, IF ENACTED, WOULD ELIMINATE RCAs AS A TOOL TO FACILITATE MUNICIPAL COMPLIANCE WITH MOUNT LAUREL:

            WHEREAS, in the landmark 1975 decision commonly referred to as Mount Laurel I, the Supreme Court not only required developing municipalities to satisfy their fair shares, but also clearly implied that they could do so at least in part if a municipality could enter a “binding agreement” with another municipality (seeMount Laurel I at 189); and

WHEREAS, in Mount Laurel II, another landmark decision issued in 1983, the Supreme Court referenced with approval the principle embodied in Mount Laurel I that a municipality could satisfy a portion of its fair share if it could enter into a binding agreement with another municipality (see Mount Laurel II at 237-238); and

WHEREAS, in 1985, in the light of the landmark decisions referenced above, the Legislature enacted the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., in which it specifically authorized a municipality to enter into a “binding agreement” with another municipality to create or rehabilitate deteriorated housing in the so called “receiving community”; and

WHEREAS, more specifically, N.J.S.A. 52:27D-312 expressly authorizes a “sending municipality” to satisfy up to 50 percent of its fair share by funding an agreement with a “receiving municipality”, and

WHEREAS, N.J.S.A. 52:27D-312 includes a series of safeguards to ensure that regional contribution agreements create a realistic opportunity for the creation of new or rehabilitated affordable housing within the receiving municipalities; and

WHEREAS, the creation of the right of a municipality to satisfy a portion of its responsibilities via RCAs fueled a firestorm of litigation with developers and nonprofits vigorously attacking RCAs and with sending and receiving municipalities vigorously defending this affordable housing technique; and

WHEREAS, a Mount Laurel trial judge upheld the constitutionality of RCAs in a case entitled Morris County Fair Housing Council v. Boonton Tp.
209 N.J. Super. 393, 431-32 (Law Div, October 1985) and the Supreme Court upheld the constitutionality of RCAs in Mount Laurel III, 103 N.J. 1 at 47 n. 13; and

WHEREAS, RCAs have proven to be an enormously useful and beneficial compliance technique to both sending and receiving municipalities and have also provided an enormous benefit to those in need of affordable housing; and

WHEREAS, sending municipalities have committed to provide $210,311,820 to fund the creation of 10,256 new or rehabilitated affordable units just in the RCAs COAH has approved to date (see COAH RCA Analysis at http://www.state.nj.us/dca/coah/rcas.xls); and  

WHEREAS, in addition, many municipalities have included RCAs as an essential component of the affordable housing plans they have adopted, filed and sought approval of in response to their obligations under COAH’s cycle III regulations; and

           

WHEREAS, receiving municipalities have realized an enormous much need benefit as a result of the many millions of dollars paid or owed pursuant to RCAs COAH has already approved—benefits which are likely to increase dramatically as COAH approves the many RCAs “in the pipeline” in the hundreds of Cycle III plans awaiting Court or COAH approval; and

WHEREAS, sending municipalities have also benefited from RCAs in that this technique has facilitated the ability of sending municipalities to meet the enormous burden created by the substantial fair share responsibilities COAH has imposed in each of the three housing cycles; and

WHEREAS, many thousands of low and moderate households have also benefited from RCAs as a result of deteriorated housing being rehabilitated or new affordable housing being created—benefits that will grow dramatically as COAH approves new RCAs in cycle III plans and  as monies are transferred pursuant thereto; and

WHEREAS, notwithstanding the benefit of RCAs, A-3857 AND S-2451, which was introduced on December 14th, 2006 seeks to eliminate RCAs as a technique by which sending municipalities can satisfy their affordable housing responsibilities and by which receiving communities can realize the benefit of the many RCAs that are essential components of many of the hundreds of municipalities that have adopted affordable housing plans and sought approval of same; and

WHEREAS, this bill, if enacted would radically undermine the affordable housing plans of numerous municipalities that have, at great effort and expense, adopted, filed and sought approval of their affordable housing plans from COAH or a court and which include RCAs as an essential component of the municipal strategy for compliance; and

WHEREAS, such an undermining of affordable housing plans would benefit developers who would seek to exploit the shortfalls that would result, but would not benefit municipalities or the those in need of affordable housing who stand to benefit from approved plans and these agreements; and

WHEREAS eliminating RCAs would also undermine a policy clearly embodied in COAH’s Cycle III regulations: namely, that municipalities often find that it is preferable to create affordable housing by taking existing housing and making it affordable instead of having to zone for the flood of new housing that so typified affordable housing plans in the first and second housing cycles;

WHEREAS, for the reasons set forth above and other reasons, it is not in the interest of the State, the region or our communities A-3857 AND S-2451 be enacted.

NOW, THEREFORE, BE IT RESOLVED as follows:

1.  The Township of Montville declares that A-3857 AND S-2451 is not in the best interest of our State, our region, our community or lower income persons.

2.  The Township of Montville vigorously opposes A-3857 AND S-2451, attached hereto.

3.  The Clerk is hereby directed to submit copies this Resolution to Senator Robert Martin and Assemblyman Joseph Pennacchio to inform the Senator and Assemblyman of our strong views on this bill and to urge them to oppose it and to the New Jersey State League of Municipalities.

CONSENT AGENDA ITEM J – RESOLUTION IN SUPPORT OF THE NEW JERSEY KNOWLEDGE INITIATIVE (NJKI):

WHEREAS, The New Jersey Knowledge Initiative (NJKI) is a valuable resource connecting entrepreneurs, small businesses, researchers and students to millions of top science and technology journal articles and key business information;

WHEREAS, NJKI is designed to spur economic growth and strengthen high-tech initiatives by providing free, unlimited and convenient access to high-end, proprietary resources in the fields of science, medicine, technology and business, information freely available only with a valid New Jersey Library Card, or by visiting one of the New Jersey Library Network Institutions;

WHEREAS, those that benefit from the NJKI include small companies, researchers and entrepreneurs in New Jersey competing globally in the fields of biotechnology, high-tech, and other science- and medical-related industries, colleges and universities statewide, legislative staff and state agencies served by the New Jersey State Library, and the more than 2,000 member libraries of the New Jersey Library Network and the people they serve;

WHEREAS, This $6 million, state-funded program provides resources directly to those with a valid New Jersey Library Card, as well as those visiting New Jersey’s libraries;

WHEREAS, currently, NJKI is included in the FY2007 budget for the State of New Jersey and may end;

NOW, THEREFORE, LET IT BE RESOLVED that we need the New Jersey Knowledge Initiative to continue, and implore our elected officials in the State Assembly and Governor Corzine to provide continued funding for the New Jersey Knowledge Initiative, because it is important to our New Jersey Economic Growth Strategy, as well as small and startup high-tech businesses in New Jersey.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2007 TO KNIGHTS INN:

WHEREAS, Knights Inn, 55 Route 46 East, Pine Brook, New Jersey, (Block 183, Lot 4), has applied for a Montville Township Tourist Accommodation License Application for the year 2007; and

           

WHEREAS, pursuant to Revised General Ordinance Chapter 5.54, the Application has been reviewed and the Township Committee finds that the requirements for a Tourist Accommodation License Application for the year 2007 have been met.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Tourist Accommodation License for the year 2007 shall be issued to Knights Inn, 55 Route 46 East, Pine Brook, New Jersey, (Block 183, Lot 4); and

           

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

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

NO. 2 – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2007 TO THE PINE BROOK MOTEL:

WHEREAS, the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6), has applied for a Montville Township Tourist Accommodation License Application for the year 2007; and

           

WHEREAS, pursuant to Revised General Ordinance Chapter 5.54, the Application has been reviewed and the Township Committee finds that the requirements for a Tourist Accommodation License Application for the year 2007 have been met.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Tourist Accommodation License for the year 2007 shall be issued to the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6); and

           

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

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

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND RESOURCE SERVICES NORTH, INC.:

WHEREAS, there exists the need for environmental engineering services in connection with the Hatfield Creek De-Silting and De-Snagging Project in the Township of Montville; and

           

WHEREAS, the maximum amount of the contract is $6,800.00; 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 Resource Services North, Inc. for environmental engineering services in connection with the Hatfield Creek De-Silting and De-Snagging Project within the Township of Montville for a total amount not to exceed $6,800.00.

           

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:  Moscone.  Second:  Sandham.  All in favor.  Resolution adopted.

NO. 4 – RESOLUTION AUTHORING TRANSFER OF FUNDS 2006:

            WHEREAS, various 2006 bills have been presented for payment this year, which bills were not covered or order number and/or recorded at the time of transfers between the Budget Appropriation in the last two months of 2006; and

            WHEREAS, N. J. S. 40A-4-59 provides that all unexpended 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.

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville that the transfers in the amount of $40,475.00 be made between the 2006 Budget Appropriation Reserves as follows:

                                   

                                                            FROM:                                                TO:

Planning Bd. Consultant                   $  3,575.00

Roads, S & W                                       12,000.00

Traffic Lights                                            5,000.00

Facility Mgt. Seasonal Help               10,000.00

Health, S & W                                             9,900.00

Misc. Litigation                                                                                    $21,750.00

Facilities Mgt. OE                                                                                      700.00
Dial-A- Ride, OE                                                                                      650.00

Roads, OE                                                                                              1,000.00

Finance OE                                                                                                375.00
Electricity                                                                                              16,000.00

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

NO. 5 – RESOLUTION PERMITTING THE ISSUANCE OF AN ADDITIONAL PLENARY RETAIL DISTRIBUTION ALCOHOLIC BEVERAGE LICENSE AND AUTHORIZING THE AWARD OF SUCH LICENSE BY OPEN PUBLIC BIDDING:

WHEREAS, as a result of the most recent census conducted by the United States Bureau of the Census it has been determined that the population of the Township of Montville is 20,839 persons; and

           

WHEREAS, as a result of this census it has been determined that an additional plenary retail distribution license may be issued by the Township of Montville; and

           

WHEREAS, the Township of Montville is empowered by N.J.S.A. 33:1-19.1 et seq. to authorize the issuance of such additional plenary retail distribution license by public sale to the highest qualified bidder; and

           

WHEREAS, it has been determined that it is in the public interest to authorize the issuance of an additional plenary retail distribution license by public sale.

           

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

           

1.            The Township of Montville hereby authorizes the issuance of one additional plenary retail distribution license and directs the Township Clerk to offer for sale this license to the highest qualified bidder by sealed bids.

           

2.            The Township of Montville hereby further directs the Township Clerk to publish an invitation to bid in the Daily Record of Morris County by not less than two insertions which are not to be published less than one week apart, the second notice to be published not less than thirty-days prior to the date of sale.  The notice to be published by the Township Clerk shall contain all information required pursuant to N.J.S.A. 33:1-19.4. 

           

3.            The public sale shall take place at the Township of Montville Municipal Building, 195 Changebridge Road, Montville, New Jersey  07045, on April 10, 2007, at 8:00 p.m. or as soon thereafter as the matter may be heard and publicly announced, provided the sale is not canceled.

           

4.            The public sale, if not canceled, shall take place by sealed bids.

           

5.            Bidders must meet the qualifications for a liquor license holder established by the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., the Rules and Regulations promulgated thereunder, any municipal ABC ordinances, and all requirements as set forth herein.  Every bidder has a duty to be aware of and informed as to all of the foregoing and whether or not there is qualification under all of the same.

           

6.            All bidders must file an Affidavit of Qualification for Ownership Interest In Or Association With A New Jersey Alcoholic Beverage License Or Permit (the "Qualifying Form").  The qualifying form shall be available in the office of the Township Clerk with bid packages during regular business hours between 9:00 a.m. and 4:30 p.m., prevailing time.

           

7.            All qualifying forms shall be returned to the Township Clerk with and outside of the sealed bid package no later than five (5) business days prior to the opening of bids.  The Township Clerk shall publicly announce qualified applicants five (5) days prior to opening the bids.  Such public announcement shall be by way of posting the list of qualified bidders in that area of the Municipal Building where public announcements are posted.  No bid shall be opened from or on behalf of any prospective bidder who does not qualify.  No bid will be considered which does not have proof of qualification.

           

8.            In addition to any and all qualification or qualifying forms as required herein, all sealed bids must contain a guarantee in the amount of 10% of the amount bid, and such guarantee may be given to the Township at the option of the bidder, by certified check, cashier's check or bid bond issued by a surety licensed to do business in New Jersey.  The bid bond shall name the person or entity bidding on the license as Principal and the Township of Montville as Owner.  The form of the bid bond shall be included in the bidding package issued by the Township to all prospective bidders.  The failure of any bidder to include a bid bond as set forth herein along with the submitted bid shall cause the bid to be rejected.

           

9.            The Township reserves the right to reject all bids where the highest bid is not accepted, or where otherwise permitted by law.  A sale may be postponed or cancelled at any time prior to the opening of the bids.

           

10.            The full purchase price of the license must be paid to the Township, together with any applicable license fees, within five (5) business days of the acceptance of the bid by the Township Committee by Resolution.  Such funds shall be kept in escrow until the successful bidder has submitted a 12 page Liquor License Application and submitted to and satisfactorily completed all other requirements for the issuance of the license including, but not limited to, finger printing and applicable background checks by the police department.  Upon payment of the full purchase price, and the satisfactory completion of all other requirements, the Township shall issue the Plenary Retail Distribution License to the successful bidder.  Failure to remit the balance of the purchase price to the Township in the time set forth herein will result in the forfeiture of the guarantee to the Township.  The Township will retain the option of either awarding the license to the next highest bidder, or rejecting all bids.

           

11.            In the case of tie bids, all tie bidders shall have the opportunity to re-bid for the license.  The minimum bid shall be the amount of the tie bid.  All tie bidders shall submit their sealed re-bids within five (5) days.  On the sixth day the re-bids shall be opened in accordance with the process previously set forth herein.  Any further tie bids shall repeat the process as established herein.  The  Township shall retain the right to reject all bids in the case of tie bids.

           

12.            A suggested minimum bid of two hundred fifty thousand dollars ($250,000.00) is hereby established.

           

13.            The proposed location of the licensed premises shall not be within one thousand feet (1,000) of any other establishment holding an alcoholic beverage license.

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

NO. 6 – RESOLUTION APPROVAL OF MINUTES:  Approval of closed session and public session minutes - regular meeting 10/10/06; special joint meeting with the Board of Education 10/16/06; regular meetings 10/24/06 and 11/28/06; special meeting 12/05/06; regular meeting 12/12/06; and reorganization meeting 01/02/07.  Motion:  Moscone.  Second:  Bader.  All in favor.  Resolution adopted.

NO. 7 – RESOLUTION APPROVING 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.

NO. 8 – RESOLUTION AUTHORIZING A POSTPONEMENT AGREEMENT FOR A SEWER CONNECTION FEE FOR PROPERTY LOCATED AT 29 VALHALLA ROAD IN THE TOWNSHIP OF MONTVILLE: As per agreement.  Motion:  Moscone.  Second:  Sandham.  All in favor.  Resolution adopted.

NO. 9 – RESOLUTION ACCEPTING THE BID FOR THE SALE OF A 1962 GALION GRADER:

WHEREAS, the Township Committee of the Township of Montville authorized the sale of certain surplus property of the Township of Montville on January 23, 2007 pursuant to N.J.S.A 40A:11-36, namely a 1962 Galion Grader; and

            WHEREAS, the Director of Finance conducted such sale on February 9, 2007 and received 2 legitimate bids and 1 bid that did not include the required 10% of the bid price, and was eliminated from the process; and

            WHEREAS, the bid of $1,177.00 from DeVino Truck and $2,412.00 from B & N Company are deemed to be in order, and B & N has provided the highest bid for the 1962 Galion Grader.

            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 bid of $2,412.00 from B & N Company is accepted for the 1962 Galion Grader.

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

COMMITTEE COMMENTS:

Committeeman Moscone stated that Frank Bastone’s report is outstanding.  He also stated to Fran Vanderhoof that the budget work is outstanding. 

Committeeman Sandham thanked Mr. Bastone again for the report.  Sandham stated he would like to get the County road department in to talk about the Route 202/River Road intersection and the County traffic study.  He gets 3 to 5 complaints per week regarding the intersection.  One person had an accident there.

Nielson stated there will be a public meeting on March 27 where the public can comment. 

Sandham stated the library – things are working well with them monetarily.  They have taken their excess budget money, $147,000, and put it toward their HVAC so they will not have to borrow from us.  For their 2007 budget, they have no increase in salaries, and they put over $200,000 in capital improvements.

Committeewoman Bader stated the Board of Health met last night, but they did not have a quorum. 

Committeewoman Nielson stated the MBSA food trailer will be discussed at the Recreation meeting tomorrow night. 

Nielson stated Tony Barile is meeting with the County about the Route 202/River Road intersection.  They will be prepared on March 27.  Nielson stated the Planning Board and any other bodies will also be invited to the meeting.

Chairman Daughtry stated he met with Linda White today regarding the Route 202 study.  Also spoke to Frank Bastone.  We met with the County on their draft.  I have some concerns with their analysis.  I would like Linda White to be at the March 27 meeting.  I want consensus from Linda White, Tony Barile, and Frank Bastone that the numbers make sense.

 

Meeting adjourned at 10:45 p.m.  Motion:  Moscone.  Second:  Sandham.  All in favor.  Motion approved.

Respectfully submitted,

                                                           

Gertrude H. Atkinson, Township Clerk

 
Last Updated ( Monday, 26 November 2007 )
 
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