MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—February 27, 2007

Montville Township Committee Regular Meeting

Tuesday, February 27, 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

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Robert Oostdyk, Township Attorney

RESOLUTION NO. 2007-CES-022707 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.

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

At 7:25 p.m. – Closed Session.  At 8:00 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeeman Sandham.

PRESENTATION OF CERTIFICATE OF RECOGNITION TO CHRISTINA FINKEL:  The Township Committee presented a certificate to Christina Finkel in recognition of her track & field accomplishments.  Christina is the current record holder in pole vaulting for Morris County.  She holds the title of Miss Fit Teen USA.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

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

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

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

NO. 2 – ORDINANCE NO. 2007-06 AMENDING CHAPTER 2.92 (DRUG AWARENESS AND MUNICIPAL ALLIANCE COUNCIL) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

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

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

REPORTS:

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the Board of Education relocation progress.  The architect has met with the affected Department Heads to begin his analysis of Bastone’s conceptual plan.  By next meeting, they anticipate having a conceptual layout and a cost estimate.  Discussion item March 13 agenda.

NO. 2 – ATTORNEY:  None.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported letters went out to 15 Township organizations regarding their financial statements.  She received seven.  She will send follow-up letters.

Vanderhoof reported she took bids today for the Nicholas Vreeland Outkitchen.

NO. 4 – ENGINEER:  None.

DISCUSSION ITEMS:

NO. 1 – MORRIS LAND CONSERVANCY PRESENTATION:  David Epstein, President; Mick Minard, Vice President of Land Acquisition; and Roy Corrigan, Trustee, present. 

Epstein summarized the work done in Montville during the past eight years.  They have had a great partnership.  The Morris Land Conservancy has just celebrated their 25^th year.  They have been in the Montville facility for the last five years.  It is a public park, and they enjoy having the public enjoy it there.  Their primary purpose is to preserve and protect land.  They have 15 professionals on staff.  They have preserved over 10,000 acres in north Jersey.  They partner with municipalities.  They also have educational components.  They give out scholarships.

Mindard stated they have been partners with Montville since 1998.  They have worked with Montville to secure $7.5 million in grants.  The MLC also has contributed $500,000 of their own State grant.  432 acres in 14 projects.  One of their primary objectives is to protect Montville’s prime aquifer.  They are currently in negotiations with Tipcor. 

Epstein stated in 1999 one of the projects they negotiated for was the Hierwater property.  The conservancy leases the house for $1 per year from the Township.  The MLC spent over $150,000.  They worked with the Engineering Department to bring the house up to code.  They have done a lot of work to allow the public to use it.  They came out with a brochure about the Hierwater Wildacre Preserve.  Epstein distributed the brochures.  They would like permission to convert the garage to an office and a meeting room.  It would be at their own expense.  1,000 s.f. total – two-story garage.  They would open the meeting room to the Township if is it needed.

Chairman Daughtry stated to have the MLC there has been an asset to the community. 

Township Committee all agreed to endorse this project.

NO. 2 – ENDANGERED SPECIES CROSSING:  Hugh Merritt, Environmental Commission, present.  Bastone stated this was discussed at their last meeting.  We simply wanted to notify the residents in the area about the project.  No one from the public present regarding this issue.

NO. 3 – ANIMAL SHELTER ARCHITECT:  Bastone stated there is a resolution on tonight to award a contract to an architect to draw plans to move the animal shelter from the old DPW garage to either 86 River Road, old town hall, or next door to 7 Church Lane, old MUA offices.  We interviewed three firms.  We have a recommendation this evening to proceed with James Cutillo of Pompton Plains.

Township Committee agreed to fund the first three phases – study, design, and bidding.

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND JAMES P. CUTILLO AND ASSOCIATES:

            WHEREAS, there exists the need for architectural services in connection with the proposed animal shelter building in the Township of Montville; and

WHEREAS, the maximum amount of the contract is $42,200.00; 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 James P. Cutillo and Associates for architectural  services in connection with the proposed animal shelter building within the Township of Montville for a total amount not to exceed $42,200.00.

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

NO. 4 – STILES LANE:  Bastone stated he just wanted to make sure they are going to fund Stiles Lane improvements in 2007. 

Committeewoman Nielson stated Changebridge Road is a County road.  Do you anticipate them helping out with the funding?

Anthony Barile, Township Engineer, stated they have not indicated any funding.  They are in favor of the project.  He will contact the County Engineer about it.

Committeeman Sandham stated they have a lot of competing capital requests this year.  I would advise the Engineering Department to not work on Stiles Lane until we have our capital budget set.  Bastone stated we need to prioritize.

Bastone stated also, this evening we did invite people in the vicinity of 7 Church Lane/86 River Road here to ask any questions.  No one from the public present.

NO. 5 – BOARD OF HEALTH FEE ORDINANCE:  Bastone reported the State of New Jersey passed legislation to increase the fee for animal licensing.  The Board of Health has a proposed ordinance and has asked us to review it.

Township Committee agreed – leave item no’s. 20 and 21 at no charge.  Discussion regarding adoption fee going from $25 to $75.  Sandham stated they want to encourage adoption.  Committeewoman stated the animal is totally prepared for adoption including shots, etc.  That is what those costs include.  Township Committee agreed – leave the adoption fee at $25.  Rest of ordinance ok.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Dominic Colannino, 5 Rochon Court, Montville, stated in January, the high school students starting parking on Fox Hollow Road.  They are parking down both sides of the street.  They have blocked mailboxes.  I have called the principal and have been before the Board of Education.  The Board of Education was not aware.  According to the Police Department count, there are enough spots in the high school parking lot.  I am requesting that an ordinance be passed allowing only two-hour parking.  We accept that during special events there is parking there.  I have spoken to Lt. Peterson, and he has been helpful, and he has contacted the high school principal and the Board of Education. 

Bastone stated he has received a recommendation from Chief Cook on this.  It is his recommendation that limits it to two-hour parking.

Colannino stated he would also suggest it for Brittany Road. 

Sandham stated he feels they have to address the root cause of the issue – the overabundance of students who need parking.  We should ask the BOE to address it. 

Barbara Kaufman stated regarding the animal shelter, she would like to know a little about the architectural firm chosen and the phases.  When can we anticipate the animal shelter?

Barile stated the architect, James Cutillo, has done work on the Pequannock and Bloomingdale animal shelters.  The four phases are study, design phase, bidding, and construction oversight.  The timeline is construction this Fall with completion in the Summer.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-07 ACCEPTING THE CONVEYANCE OF PROPERTY FROM DANIEL COMO AND RITA COMA – BLOCK 6, LOT 25.01 – 4 OAK LANE:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-08 AMENDING CHAPTER 16.08 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROVIDING FOR A WAIVER OF DEVELOPMENT FEES FOR NONPROFIT ORGANIZATIONS:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 3 – ORDINANCE NO. 2007-09 AMENDING CHAPTER 3.12 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “OPEN SPACE TRUST FUND”:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Discussion:  Nielson stated her concern is that it not be construed at any time as building or grounds maintenance.  Is this wording clear?

Robert Oostdyk, Township Attorney, stated this ordinance is our own restriction.  This is a control you have control of.  The control is you have to go through an extra step to spend any money.  Nielson stated the three referendums were to acquire open space, not maintain it.  If it could be tightened up in some way.  Oostdyk stated this does not allow for maintenance. 

Committeeman Moscone stated he likes the way it is written.  The second check is the individual vote we have on each item.

Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 4 – ORDINANCE NO. 2007-10 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $200,000.00:  Montville Center/Robbins tract.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for March 13, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2007-CA5:  Motion:  Bader.  Second:  Moscone.  All in favor.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENTS 2007:

WHEREAS, due to duplicate payments received creating an overpayment of tax for the year 2007; and

            WHEREAS, it is the recommendation of the Tax Collector that these monies are refunded;

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

            Block 82.2, Lot 20

            Robert Rothman, Esq.

            For Bella Rector

            12 Changebridge Road            $1,552.57

            Block 100, Lot 17

            Saray DeVincenzi

            26 Two Bridges Road              $  714.00

CONSENT AGENDA ITEM B – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENTS 2005 AND 2006 – 100% DISABLED VETERAN EXEMPTION:

WHEREAS, property taxes have been cancelled due to a 100% disabled veteran exemption; and

            WHEREAS, these taxes have been paid by the property owners, creating an overpayment of tax;

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

            Block 52, Lot 33 C013D

            56 Wedgewood Drive                2005:            $    667.43

            Montville                                  2006:            $ 8,322.16                     

                                                         TOTAL            $ 8,989.59

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE RETURN OF VARIOUS CASH BONDS HELD BY THE TOWNSHIP:

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:

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

CONSENT AGENDA ITEM D – FOR ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE JOB CREATION AND WORKER ASSISTANCE ACT OF 2002, INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDING CERTAIN PROPOSED REVISIONS) INTERNAL REVENUE SERVICE PROCEDURE 2004-56 AND INTERNAL REVENUE SERVICE PROCEDURE 2004-12:

WHEREAS, Montville Township (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan” effective 10/1/85, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan, and

WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company (“VALIC”) as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the “Code”); and

WHEREAS, the Internal Revenue Service (“IRS”) issued final Code Section  457 regulations on July 11, 2003 and proposed Code Section 415 regulations issued May 31, 2005 that modified the Code Section 457 regulations; and

WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56 ) and guidance regarding rollover contributions to eligible retirement plan (Revenue Procedure 2004-12) that apply to Section 456 Plans; and

WHEREAS, the IRS has set a deadline of December 31, 2005, for State and local governmental Section 457(b) plan sponsors to adopt or amend their plans to conform with the Code, regulations, and interpretative guidance; and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, and interpretative guidance; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code, regulations and interpretative guidance; and

WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan.

NOW, THEREFORE, BE IT RESOLVED, that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document identifier 55-PD-VALIC-110305 by the Director of the Division of Local Governmental Services.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF PEACE VALLEY ROAD:

WHEREAS, during a brief period in March or April certain wildlife are expected to be active during the nighttime hours in an area of the Township that includes Peace Valley Road; and

WHEREAS, in order to protect the wildlife it is anticipated that Peace Valley Road will need to be closed to vehicular traffic during the evening and nighttime hours on several dates; and

WHEREAS, the temporary partial closure of Peace Valley Road can be accomplished without undue inconvenience to the public;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that  the temporary partial closure of Peace Valley Road for wildlife protection purposes on several dates in March and April to be determined by the Township Administrator in consultation with wildlife experts is herby approved subject to approval by the Police Department of a detour plan.

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO EINSTEIN MOOMJY, INC.:  March 7 – 11, 2007.  Four one-sided signs and one two-sided signs approved – ten days before.

CONSENT AGENDA ITEM G – PROCLAMATION READ ACROSS AMERICA MARCH 2, 2007.

RESOLUTIONS:

NO. 1 – RESOLUTION APPROVING THE ISSUANCE OF LIMOUSINE OWNER LICENSE AND THREE LIMOUSINE DRIVER LICENSES FOR 2007 – ACCARIA LIMOUSINE (RENEWALS):  Owner - Anthony Accaria, Accaria Limousine, 4 Craig Court, Montville and three drivers approved.  Motion:  Nielson.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Daughtry, yes.  Resolution adopted.

NO. 2 – DELETED FROM AGENDA.

NO. 3 – RESOLUTION APPOINTING KATHY SANDHAM TO DRUG AWARENESS-MUNICIPAL ALLIANCE:  Unexpired three-year term ending December 31, 2009.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, abstain; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 4 – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2007 MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND GRANT DECLARATION OF INTENT:

WHEREAS, 2007 Morris County Historic Preservation Trust Fund Grant funds are available through the County of Morris; and

            Whereas, A Declaration Of Intent must be completed by February 28, 2007 in order to preserve eligibility for the grant;

            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 a 2007 Morris County Historic Preservation Trust Fund Grant Declaration of Intent for the Montville Township Museum – 1867 Brick Schoolhouse – third phase with a funding request of $232,005.00.

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

NO. 5 – 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:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

COMMITTEE COMMENTS:

Committeeman Moscone stated there is a young lady swimmer at the high school we should be honoring.  Nielson stated we will be doing that.

Committeeman Sandham asked if we are going to adopt the ordinance referenced in a letter from the League of Municipalities regarding Mayor’s fees for marriages and civil unions.  Daughtry stated no, we are not charging.  We encourage the couples to donate to one of our nonprofit organizations.

Sandham stated Mr. Bastone and I met with the library.  We have set the fees at roughly $38,000 this year plus insurance.  Capital expenditures – by State statute the library does not have to fund capital improvements.  The suggestion is that they bring capital improvements on a 50/50 basis. 

Sandham inquired about the Woodmont Properties letter.  Bastone stated he is going to write a letter on that.

Committeewoman Bader stated the Chamber of Commerce Board of Directors met last week.  Mr. Karlan made a presentation on the Montville Messenger.  Chamber members who would like to advertise in the Messenger will get a 10% discount.  It was received very well. 

Committeewoman Nielson stated there is landscape lighting on Pine Brook Road in addition to the old street lights – 10 or 12 of them.  Why?  Barile stated I have made a list of the lights I feel can be discontinued.  I have to get the police’s concurrence on it. 

Nielson stated street tree/sidewalks – we were going to have the Engineer and the Planning Board work together on this.  Barile stated I have contacted Mr. Omland on that, and I have had no response yet.  Nielson asked how to we handle this?  I want this brought to fruition.  Bastone stated he will talk to Mr. Omland about making it a priority.

Nielson stated there is an issue with the netting on the field on Changebridge Road.  The JIF has asked for additional lengths of netting.  Also, Apollo Flag reneged on their deal to do the footings for the Soccer Association. 

Chairman Daughtry stated Historic Preservation Review Commission – there is a member who serves on the HPRC who has had septic problems and issues with a neighbor.  The neighbor has to do a second archaeological dig for his deck; yet the neighbor with the septic does not have to do anything because the Board of Health does not require that, and they do not have to go through the HPRC. 

Bader stated this was discussed at the HPRC meeting last night.  The houses did not become historic until 1985.  The one with the septic was already disturbed 35 years ago for a pool, before it was listed as a historic site. 

Oostdyk stated he has looked into this.  The Board of Health does not have referral powers to the HPRC.  The HPRC ordinances do need to be reviewed. 

Bader stated the HPRC ordinances are being reviewed and redone by Mr. McCabe in conjunction with Land Use.

Daughtry stated website – hopefully award a contract first meeting in April.

Daughtry stated Route 202 Traffic Study – I will put together some questions that need to be asked, and I will send them to Mr. Barile to give them a chance to address them.  Barile stated he will be happy to forward them and also inform them we will be asking about the Route 202/River Road intersection.

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

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk