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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
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