TC Minutes 03-13-07 Print E-mail

MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—March 13, 2007

Montville Township Committee Regular Meeting

Tuesday, March 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 7:25 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

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

RESOLUTION NO. 2007-CES-032707 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; Contract interpretation SOA/PBA; Tax Appeal Urmston Realty; Contract termination – Oriental Pacific.

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

At 7:15 p.m. – Closed Session.  Committeeman Moscone arrived at 7:25 p.m.  At 8:00 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeewoman Bader.

PRESENTATION TO MARYANN WITTY, RECREATION DIRECTOR:  Chairman Daughtry read a letter the Township Committee received from John Gallucci, Principal of Lazar Middle School.  The letter recognized the extraordinary efforts of Mrs. Witty in the scheduling of gym classes at the dome when a pipe burst at the school during the holiday break.  John Haugh, Recreation Commissioner, presented a plaque to Mrs. Witty in recognition of her dedication to the children of Montville Township.  Mrs. Witty thanked her staff and the volunteers she works with.

PRESENTATION TO MONTVILLE BRONCOS TRI-COUNTY WRESTLING TEAM:  The Mayor and Township Committee presented a plaque to the wrestling team and their coaches in recognition of their incredible 2006-07 season.  Overall dual meet record 14-1.  Tri-County Youth Wrestling League South Division champions, dual meet champions, and team tournament champions. 

PUBLIC HEARINGS:

NO. 1 – SOIL MOVEMENT APPLICATION – 3 PATRICK COURT, BLOCK 1, LOT 11.64:  Applicant, Mohammed Yasin, present.

Anthony Barile, Township Engineer, reported soil movement is in conformance with the major subdivision. 

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.  Motion:  Nielson.  Second:  Bader.  All in favor.  Motion approved.

RESOLUTION AUTHORIZING THE ISSUANCE OF A SOIL MOVEMENT PERMIT TO MOHAMMED YASIN AND RAHILA YASIN (BLOCK 1, LOT 11.64/3 PATRICK COURT) AND THE ACCEPTANCE OF A PERFORMANCE GUARANTEE:

            WHEREAS, Mohammed Yasin and Rahila Yasin have applied for a soil movement permit for the importation of nine thousand six hundred ninety-three (9,693) cubic yards of fill on Block 1, Lot 11.64 (3 Patrick Court); and

            WHEREAS, the Township Engineer has reviewed the application and recommended its approval by the Township Committee subject to certain terms and conditions as set forth in the report of the Township Engineer, dated March 8, 2007; and

            WHEREAS, the Township Committee has conducted a public hearing on this application and has determined that the application should be granted.

            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 application of Mohammed Yasin and Rahila Yasin for a soil movement permit to import nine thousand six hundred ninety-three (9,693) cubic yards of fill on Block 1, Lot 11.64, is hereby granted subject to the conditions contained in the report of the Township Engineer dated March 8, 2007.

            2.            A Performance Guarantee in the amount of Three Thousand Six Hundred Eighty-Five Dollars ($3,685.00) in connection with the soil movement permit from Mohammed Yasin and Rahila Yasin is hereby accepted.

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

NO. 2 – ORDINANCE NO. 2007-07 ACCEPTING THE CONVEYANCE OF PROPERTY FROM DANIEL COMO AND RITA COMO – BLOCK 6, LOT 25.01 – 4 OAK LANE:

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.  Motion:  Bader.  Second:  Moscone.  All in favor.  Motion approved.

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

NO. 3 – 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 REVIEW FEES FOR NONPROFIT ORGANIZATIONS:

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.  Motion:  Nielson.  Second:  Bader.  All in favor.  Motion approved.

Motion to adopt ordinance:  Nielson.  Second:  Moscone.  Discussion:  Committeeman Sandham stated he thought they asked that the fees not be waived but deferred. 

Martin Murphy, Township Attorney, stated they cannot do that for Land Use fees per the statute.  Frank Bastone, Township Administrator, stated that was for the sewer fees.

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

NO. 4 – ORDINANCE NO. 2007-09 AMENDING CHAPTER 3.12 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “OPEN SPACE TRUST FUND”:

Chairman Daughtry opened the public hearing.

Murphy stated they had adopted a referendum to collect an open space tax.  The governing body, in the past, limited these funds to the acquisition.  This ordinance broadens that to include certain maintenance items that we deem appropriate. 

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

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

NO. 5 – 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 property.

Chairman Daughtry opened the public hearing.

Fred Eckhardt, Woodmont Road, Pine Brook, asked if this ordinance makes the property free and clear now that the lawsuit has been settled.  Murphy answered yes.

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

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

DISCUSSION ITEMS:

NO. 1 – BOARD OF EDUCATION RELOCATION: Bastone stated his written report covers the basics.  We have two pieces of information from the Board of Education.  The first is a letter dated March 7 from their architect, David Fraytak, to the Superintendent of Schools.  Included with that document is a conceptual floor plan known as option 6. 

Daughtry stated the subcommittee (Nielson and Sandham) met Monday night.  For the record, the other members of the subcommittee are Jon Alin, BOE President, and Charles Grau and Tim Lindert.  All are present tonight. 

Bastone stated option 6 envisions an addition to the Municipal Building and the BOE taking over the Health Department and the DPW/Water & Sewer Department.  Those offices would be relocated to other areas in the Municipal Building.  There are designs to accommodate those changes.  The cost of all of this is $2,907,985.00.  Mr. Fraytak also talked about another option – relocating the BOE offices to a new building at 86 River Road – approximately 9,000 s.f.  Cost $3,250,000.00. 

Sandham stated originally we thought it was a 5,000 s.f. requirement, and there was additional space at 143 River Road.  Since that time, this project has morphed from $300,000 to $2.9 million and it is adding to existing space in town hall.  I did not feel comfortable voting on this money for the Township Committee because it is for the BOE.  My feeling is that the Township Committee should not endorse this project, and they should put it to the voters.

Committeewoman Nielson stated she generally concurs with Mr. Sandham.  In October, we had a joint meeting with the BOE.  Conceptual option 4 was $233,000 for the offices in town hall.  In the meantime, we have a new Administrator and a new Superintendent.  The scope has expanded considerably.  With the current proposal, I cannot endorse funding in its current status.  We have land here – we have offered 86 River Road.  I feel it needs to go to the voters. 

Moscone stated option 6 – does this include our employees?  Bastone stated option 6 maintains a consolidated workforce in town hall.  Moscone stated I don’t know if it is our place to say yea or nay to the funding.  We were trying to accommodate them, but the funding should be from the BOE.  I think the plan works if we are increasing efficiency.  Funding should be up to the BOE.  I think it should be for the whole dollar amount.

Committeewoman Bader stated according to her notes, $108,000 was for the Board of Health and kitchen area.  I do not recall the Township saying they would pay for it.  The voters should decide.  I think if it is well marketed, it will pass.  It is a good concept, and I think it will work.  This Township Committee is trying to pay down its debt service and not add to it. 

Daughtry stated we were spending ¾ of a million just rearranging the inside of this building.  The intent was honorable, but we seem to have lost sight of the most economical, taxpayer-friendly approach to trying to find a home for the BOE.  If we build a 5,000 s.f. addition, we would probably lower the cost to about $2 million. 

But, I do have a problem with putting the BOE in a lifeboat.  It is not just their problem.  It is Montville Township’s problem.  If the BOE can get this out to the public, $2 million, 5,000 s.f., this could work, especially if we market it that the BOE would not be paying for leased space.  I turn back to Deb Nielson and Jim Sandham as to what they would do if this does not take place. 

Nielson stated the subcommittee did meet last night.  The BOE does have additional properties, and they are still in a lease that has not been negotiated.  We did not come to a resolution.  Rearranging the employees – it is not worth it to me.  I don’t think we knew we would be at this juncture.  I don’t want to leave them in a lurch.  I don’t have an answer at this point. 

Sandham stated again, my initial suggestion was to try to house the BOE in the existing structure, not to add on.  I don’t have an answer at this point.

Daughtry stated if the BOE does not have another suggestion, perhaps the $2 million, 5,000 s.f. is the best solution for the taxpayer.  This would eliminate the rearrangement fees.

Moscone stated when we started out – no one wants to spend a tax dollar unwisely.  We are always criticized for not doing it right the first time.  I look at this – it does seem to fit the needs of the community for the next five years.  If it works for us and our municipal employees, and it works for the BOE, it is up to the BOE to convince the public that this is what is necessary.

Nielson stated the 86 River Road site has larger land area.  We have demolition plans there.  We have offered to demo the structure and give the land.  There is potential expansion at this site.  Both sites have capabilities.

Moscone stated we have estimates – what is it we are asked to do tonight?

Sandham stated from what I understand, if the BOE wants to put a 5,000 s.f. facility on this property, would we agree to that?  I would support that.

Daughtry stated we want the least cost solution.  If they look at 86 River Road, ok.

Sandham stated we agreed to let them use the space, but not to fund it.  Daughtry stated that is what I am hearing.

Nielson stated I was willing to work with them at $300,000 or $500,000, but not a 7-digit number.  Daughtry stated if their referendum is defeated for any reason, it is going to cost the taxpayer. 

Chairman Daughtry invited the Board of Education members to address the committee.

Tim Lindert, Board of Education Board & Facility Chairperson, stated I agree with Mayor Daughtry that you have left us in a rowboat.  You offered us 4,000 or 4,500 s.f. of space.  We looked at it and came up with different options.  I know Deb Nielson visited the little house.  They are working in very tough conditions there.  We would all like to see this cost be cheaper.  Just so the public is clear, we do not need the 9,000 s.f at River Road.  Part of those costs at 86 River Road is to maintain the fire department there.  If you could come to some decisions.  I have spent two years as part of this committee looking for a new home for the BOE and saving money for the taxpayer.  15 months before the lease runs out.  The public thought the BOE and the Township were working together.  We are left without options and without direction as to what the Township is willing to do regarding 86 River Road.

Sandham stated we entered this with the best intentions.  We are trying to use an existing infrastructure to accommodate the needs of all employees of the Township, whether it is town employees or BOE employees.  I sat on the BOE and know what the child study team goes through.  The child study team is not the sole reason the cost went from $300,000 to close to $3 million.  We were surprised and shocked when we saw these numbers.  When we were replacing your rental costs of $150,000 to $200,000 per year with debt at $500,000, $600,000, or even $1 million, from a financial prospective, that is a very quick payback, 5 to 7 years tops, that makes a lot of sense.  When you are replacing it with $2 to $3 million of capital costs, that does not make financial sense, and that is why I changed my perspective on whether this is a worthy project to support or not at this level. 

Daughtry asked if the Township could enter into an agreement where we finance it.  Bastone stated I did check with bond counsel, and we can do that. 

Daughtry asked if we were to finance $2 million, how much would it take for the BOE to pay us back?  Sandham stated debt service would be close to what they are paying for rent now. 

Nielson asked there is no tax saving until twenty years?  Sandham stated if their cost is going to be replicated there, I think there are lower cost options. 

Moscone stated I feel this option 6 is needed.  The funding is the issue.

Charles Grau, Board of Education, stated Art Daughtry has mentioned a 5,000 s.f building – new structure.  I think you all support that.  I question the cost per s.f.  I think that is high.  We are counting on you to help with funding.

Daughtry stated that includes 800 feet of space in town hall. 

Bastone stated another option is to leave the space in town hall and construct an addition.

George Drexl, 29 River Road, Montville, asked how much s.f. are they looking for.  The cost per s.f. is crazy - $400.  We don’t want them coming back in two years saying they need more space.  What is it the BOE is exactly looking for?  What about finding a building to renovate like the Sisco House?  It is unacceptable for them to stay in their current facility.  What about 86 River Road?  Something has to happen.

Jon Alin, Board of Education President, stated if you don’t rearrange your employees, you take $1,160,000 dollars off.  There are some things we can to together; such as, the parking lot, moving the chiller, etc.  My quick calculation is $1 million if you use the $200 per s.f.  If you gave us the ability to build up to 5,700 s.f. and not displace the Township employees, then we can take it back and really crunch the numbers down.  We don’t need the 9,000 s.f. at River Road.  We are not asking you to pay for anything.  We will find a way to pay – out of free balance if we have it or go to the public.

Motion made by Committeeman Moscone to allow the Board of Education to build up to a 5,700 s.f. addition onto the existing Municipal Building without disturbing the current internal office space.  Second:  Committeeman Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.  Bastone stated we will see what the numbers are.

NO. 2 – HIGH SCHOOL STUDENT PARKING:  Bastone reported Chief Cook is recommending an ordinance to prohibit parking on Fox Hollow Road and Brittany Road.  The students parking on these streets is causing problems for the residents.  I have reached out to the Superintendent trying to get this resolved.

Nielson stated I am dismayed that this cannot be resolved by the high school.  I feel all other options should be pursued.

Sandham stated the circumstances have changed over the years – the enrollment has increased.  I understand that the Administrator has reached out to the BOE.

Nielson stated I find it disturbing that the police may ticket.  In the spirit of shared services, I would think that an agreement could be reached.

Daughtry asked can we leave it with the Board of Education President to go back one more time and talk to the BOE and the principal?  We would prefer to have this handled without an ordinance.  All we are asking is that the high school find some way to allow the students to park. 

Nielson asked can we table for a month?  Sandham stated you have residents who are upset now.  We should introduce the ordinance at next meeting.

Tim Braden, 12 Green Meadows Road, Montville, described the history of the problem.  The BOE covered up the student parking lot and made a practice field out of it.  A good estimate of the spots available in the front parking lot is thirty.  The “bubble” class has not hit the high school yet.  When it does, there will be no spaces for even the seniors.  This is a problem that must be addressed by the Township and the BOE.  I have a problem with ordinances that are targeting a specific group of people.  You are preventing them from parking on town streets.  Yes, there are bona fide complaints - but to eliminate the parking rather than saying you can’t park in front of the mailboxes, or can’t park near the corner, is not the answer.  Montville is not a rural community any longer.  If you go to Pequannock, there are cars parked on the streets.  I don’t think this is a reasonable solution to the problem.  When you have the bubble class, the BOE has to come up with a solution.

Sandham stated driving to school is a privilege, not a God-given right.  It is a BOE issue.  I am willing to see if they can come up with a solution.

Township Committee to introduce ordinance at next meeting if there is no solution.

NO. 3 – LIBRARY ALLOCATION AND CAPITAL:  Sandham reported they had a subcommittee meeting with the library.  Mr. Bastone participated in that meeting.  The library costs will be divided into three – labor, which included fringe benefits and water & sewer; insurance; and capital expenditures.  State statute says the Township is responsible for capital improvements.  If all the needs of the operating costs are met, then the library can fund capital.  In the spirit of cooperation, the Library Board and Township Committee members wanted to work out a plan in sharing costs 50/50.  This would be subject to the Township’s approval of capital projects each year.  That was the agreement at the subcommittee level, and the Library Board agreed subject to it being on paper.  I would suggest the Township Committee agree to this also.  Also, the library recognizes they are responsible for the maintenance of the building. 

Daughtry stated he agreed.

Nielson stated she does not agree.  Their budget is $1.7 million per year.  Until recent years, they have been able to spend within that.  They paid for their HVAC.  I am not willing to enter into a 50/50 partnership.  I would rather leave it on a case-by-case basis. 

Sandham stated may I remind you that the State statute says we are responsible for the capital improvements.  They could come back to us for all of the improvement money. 

Township Committee vote on the plan as outlined by Committeeman Sandham – Moscone, yes; Sandham, yes; Bader, no; Nielson, no; Daughtry, yes.

NO. 4 – MORRIS LAND CONSERVANCY CONTRACT:  Bastone reported they have the proposed contract; however, the Open Space Committee has some issues they would like to discuss and negotiate.  Nielson stated Open Space will make recommendations.  Item tabled until next meeting.

NO. 5 – LAND USE CODE – WALLS:  Anthony Barile, Township Engineer, reported a few years ago the Land Use Code was revised at the request of the planner.  It created some situations when we review and approve retaining walls.  The current code does not adequately address or define walls and this revision corrects that deficiency. 

Nielson stated she reviewed the revisions with Linda White, Land Use Administrator, and Stan Omland, Planning Board Engineer, and they recommend we approve.

INTRODUCTION OF ORDINANCE NO. 2007-11 ORDINANCE AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND REGULATING FENCES, WALLS AND SIGHT TRIANGLES – SECTION 16.44.200:

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

NO. 6 – WAIVER OF LAND USE FEES – ST. PIUS:  Request from Steven C. Schepis, Esq., for the waiver of Board of Adjustment fees for St. Pius X Catholic Church, Block 82, Lot 10.01.  Motion to approve:  Bader.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, abstain; Bader, yes; Nielson, yes; Daughtry, yes.

NO. 7 – ASSISTANT TO THE TOWNSHIP ADMINISTRATOR:  Bastone described the job duties that he recommends would be the responsibility of the Assistant to the Township Administrator.  This person would also be the recycling coordinator.  Discussion regarding the job title.  The NJ Department of Personnel had some recommendations as to the job title.  Township Committee agreed on the title of Management Specialist.  This is not a union position.  Funding is proposed in the budget.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Peter Nagle, Peter Nagle Builders, stated he is developing off of Alpine Road – Forest Ridge.  Part of the agreement is to refurbish the utilities on Alpine Road.  It would help if they could close Alpine Road intermittently. 

Barile stated he has had discussions with Mr. Nagle on this.  I would recommend approval with some conditions:  the neighbors will be notified, the detour is properly maintained, and the trench is paved and filled in each night. 

Thomas Mazzaccaro, Water & Sewer/DPW Director stated he is ok with this.

Bastone stated they received two letters from a resident on Alpine Road about the construction activities.  I spoke to Chief Cook, and we sent Mr. Grassi a letter that we would not close the road.  If we are going to do this, we have to make sure the residents have full access. 

Barile stated that was before the detour was available.  I spoke to Mr. Grassi yesterday, and he was ok with it if there was a detour. 

Daughtry stated he would want another memo to Mr. Grassi tomorrow stating that the professionals said it could be done, and if there are any problems, they may contact Mr. Barile.

Murphy suggested that Mr. Barile put the conditions in a memo.  The closure would be for one to three weeks.

Motion made by Moscone to permit the closing of the road subject to the conditions in Mr. Barile’s memo.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

Fred Eckhardt, 64 Woodmont Road, Pine Brook, stated he is glad to see the $200,000 paying off the Robbins property.  The Environmental Commission has started on a historic path project.  One section we want to do is on the Robbins piece of property.  It would have a woodchip path from the dog park to the back of Stiles Lane.  The gentleman from the rental place in Pine Brook is willing to donate the machine to clear the path.  Steve Olson said he would supply the woodchips.  The completion of the path would enable people to walk from Stiles Lane to the center of Towaco. 

Daughtry stated it is wetlands.  Do we have to go to the DEP?  Barile stated I believe you do.  The permit fees may be a few thousand dollars.  We may need an environmental consultant. 

Daughtry stated if this is from Stiles Lane to Towaco center, we may need more DEP permits.  We should do the permits all at once. 

Barile suggested that Mr. Eckhardt come in and meet with him and Mark Mantyla to go over the path route.

Eckhardt spoke about a new animal shelter building.  We can’t go on spending money like this.  There are people who will do things for free.  Plumbing – Chris Braden, Rich Moore; electrical – Lou Roselli; carpentry – Glen Bott; Philip Doerr; Tim Braden.  We also have an agreement with Home Depot to supply some boards.  The air conditioning, heat – Tom Mazzaccaro will oversee that.  Painting – Bud Ballentine; concrete – Bill Maperski, and he is talking with John Crimi.  Concrete supervisor – Eddie Biel.  Fencing – not sure yet.  Decorations for the dogs and cats – Arlene Sullivan along with Doris Konvalinka.  Everyone wants to volunteer to do it.  I would like to see Tom Mazzaccaro oversee this.  I am willing to raise money and get support.  Do you agree with the concept?

Daughtry stated as far as volunteers, we won’t know anything until we get the report back and know what we have to do.  Anything we can get for free, that’s great.  We have to be careful that the whole thing has to be volunteer, not just pieces. 

Bastone stated once we get the report back from the architect, we can show it to Mr. Eckhardt – this is what we need.

Nielson asked when do we expect the report.  Bastone stated I have spoken to Mr. Cutillo and it will be at lease a few months. 

Eckhardt spoke about the Board of Education.  Somebody has to pay for this.  The taxpayers are not going to put up with it.

Moscone left the meeting at this time.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-11 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $15,000.00:  Camp Dawson, Harbeson properties.

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

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2007-CA6:  Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT YEAR 2006:  Block 39.09, Lot 3.04, Bickoff, duplicate payments, $2,953.15.

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE REDEMPTION OF TAX SALE CERTIFICATE NO. 040009 AND THE PAYMENT OF INTEREST IN THE AMOUNT OF $484.00:

WHEREAS, Block 97, Lot 1, also known as 18 Whitehall Road, Towaco, New Jersey, is now owned by New Jersey Transit; and

           

WHEREAS, this property is exempt from taxation; and

           

WHEREAS, when the property was acquired by New Jersey Transit, taxes were due and owing for the tax year 2004; and

           

WHEREAS, a Tax Sale Certificate was sold to Wachovia -Cust/Sass Muni-V dtr on October 20, 2004, in the amount of $3,767.91; and

           

WHEREAS, subsequent taxes were paid by the lien holder; and

           

WHEREAS, Tax Sale Certificate No. 040009 was sold at a time when the property was owned by New Jersey Transit thereby raising questions about the legality of the Tax Sale Certificate; and

           

WHEREAS, New Jersey Transit has agreed to pay $10,730.30 in taxes to the lien holder which have already been paid to the Township of Montville by the lien holder; and

           

WHEREAS, the lien holder has agreed to accept $484.00 in full and complete payment of interest on the Tax Sale Certificate.

           

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 Tax Collector is hereby authorized to permit the redemption of Tax Sale Certificate No. 040009 by New Jersey Transit upon full payment of taxes by New Jersey Transit and interest to be paid by the Township of Montville in the amount of $484.00 in connection with the redemption.

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE REFUND OF TAX SALE CERTIFICATE NO. 040009:

            WHEREAS, Tax Sale Certificate No. 040009 has been redeemed; and

            WHEREAS, a premium was paid at the time of the sale on October 20, 2004 in the amount of $10,000.00.

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

            Block 97, Lot 1, Wachovia-Cust/Sass Muni-V dtr

            123 S. Broad Street

            Philadelphia, PA 19109

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING A TONNAGE GRANT APPLICATION:

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

           

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

           

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

            WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

           

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants (for calendar year 2006) will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

           

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Anthony P. Barile, Jr. to ensure that the application is properly filed; and

           

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE EXECUTION OF REPLACEMENT DEEDS OF CONSERVATION RESTRICTION FOR INFRASTRUCTURE TRUST PROJECTS:

WHEREAS, the Township of Montville has acquired the following properties: 

            Block 164, Lot 38 - O'Dowd

            Block 21.01, Lot 18 (portion) - Strickland

            Block 7, Lot 4 - Palmer

            Block 7, Lot 5 - Price

; and

            WHEREAS, the Township has applied to the New Jersey Department of Environmental Protection for funding in connection with these acquisitions; and

           

WHEREAS, as a condition of funding through the Green Acres/Environmental Trust Program the Township must record Deeds of Conservation Restriction.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute Deeds of Conservation Restriction for the following Township owned Infrastructure Trust Projects:

           

Block 164, Lot 38 - O'Dowd

            Block 21.01, Lot 18 (portion) - Strickland

            Block 7, Lot 4 - Palmer

            Block 7, Lot 5 - Price

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:  April 30 to May 12, 2007.  Four signs permitted as per signage plan dated March 6, 2007. 

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE RENEWAL OF A JUNKYARD LICENSE TO V & V RECYCLING, INC.:

WHEREAS, V & V Recycling, Inc., the owner of property known as Block 56, Lot 12.01, as shown on the Tax Map of the Township of Montville and also known as 144 Main Road, has applied for the renewal of its junkyard license for 2007; and

            WHEREAS, the application of V & V Recycling, Inc. has been reviewed by the Land Use, Health, Police, and Fire Departments; and

           

WHEREAS, the license renewal has been recommended; and

           

WHEREAS, the Township Committee finds that the requirements of the Township of Montville Junkyard Ordinance have been complied with.

           

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 V & V Recycling, Inc. shall be issued a junkyard license for Block 56, Lot 12.01, also known as 144 Main Road, for the year 2007.

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

NO. 2 – RESOLUTION AUTHORIZING THE RENEWAL OF JUNKYARD LICENSE TO G.I. AUTO SALVAGE CO., INC.:

            WHEREAS,G.I. Auto Salvage Co., Inc., the owner of property known as Block 179, Lot 1 as shown on the Tax Map of the Township of Montville and also known as 85 Old Bloomfield Avenue, has applied for the renewal of its junkyard license for 2007; and

           

WHEREAS, the application of G.I. Auto Salvage Co., Inc. has been reviewed by the Land Use, Health, Police, and Fire Departments; and

           

WHEREAS, the renewal of the license has been recommended; and

           

WHEREAS, the Township Committee finds that the requirements of the Township of Montville Junkyard Ordinance have been complied with;

           

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 G.I. Auto Salvage Co., Inc. shall be issued a junkyard license for Block 179, Lot 1, also known as 85 Old Bloomfield Avenue, for the year 2007.

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

NO. 3 – 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:  Bader.  Second:  Nielson.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

Moscone returned to the meeting at this time.

REPORTS:

NO. 1 – ADMINISTRATOR:  None.

NO. 2 – ATTORNEY:  None.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, stated they are planning for the introduction of the 2007 budget on April 10. 

NO. 4 – ENGINEER:  None.

COMMITTEE REPORTS:

Committeewoman Bader stated the two Eagle Scout projects – they will be an asset to the dog park.

Daughtry stated the gazebo should be ok on the open space property.  There are plenty of projects in Montville that we can direct eagle scouts to do.  Maybe we can provide a list to the scoutmasters.

Committeewoman Nielson stated the ordinance regarding the no parking – these residents should be noticed so they know what is going on.  Also, possibly notice the residents around town hall that there may be an addition here.

Daughtry stated it is not a requirement.  There are postage costs.  We only have to put it in the newspaper.

Nielson stated I strongly recommend a notification. 

Motion to send letters:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, no.  Motion approved.

Committeemen Moscone and Sandham had no reports.

Chairman Daughtry stated next meeting – do we want to start early?  Township Committee agreed for March 27th meeting:  6:30 to 7:30 p.m. closed session; 8 p.m. Route 202 Traffic Study presentation.

Meeting adjourned at 11p.m.  Motion:  Moscone.  Second:  Nielson.  All in favor.  Motion approved.

Respectfully submitted,

                                                           

Gertrude H. Atkinson, Township Clerk

 
Last Updated ( Monday, 26 November 2007 )
 
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