MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—May 8, 2007

Montville Township Committee Regular Meeting

Tuesday, May 8, 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

Martin Murphy, Township Attorney

RESOLUTION NO. 2007-CES-050807A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12 – Property Acquisition; Litigation – South Salem Associates; Personnel; Board of Education Budget.

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

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

Prayer and Pledge of Allegiance led by Committeewoman Bader.

DISCUSSION ITEMS:

NO. 7 – REZONING REQUEST BLOCK 1, LOT 29, PENNBROOK COURT/78 BOONTON AVENUE:  Request to rezone portion to R120 residential zone.  David Brady, Esq., representing applicant, stated this had been referred to the Planning Board.  They were in favor of it. 

Committeewoman Nielson stated this was considered at length at the Planning Board, and they did approve it.

Martin Murphy, Township Attorney, stated the only thing we need is a description.  Brady stated he will call his engineer and provide a description to the Township Clerk. 

Township Committee agreed ordinance will be introduced at the May 22 meeting.

2007 MUNICIPAL BUDGET:

NO. 1 – RESOLUTION AUTHORIZING SELF-EXAMINATION OF 2007 MUNICIPAL BUDGET:

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Township of Montville has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2007 budget year.

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Township of Montville that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

1.             That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget.

                a.                Payment of interest and debt redemption charges

                b.                Deferred charges and statutory expenditures

                c.                Cash deficit of preceding year

                d.                Reserve for uncollected taxes

                e.                Other reserves and non-disbursement items

                f.                Any inclusions of amounts required for school purposes.

2.             That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with the “CAP” law).

3.             That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4.             That pursuant to the Local Budget Law:

                a.                All estimates of revenue are reasonable, accurate, and correctly stated;

                b.                Items of appropriations are properly set forth

                c.   In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

5.             The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6.             That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

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

NO. 2 – RESOLUTION AUTHORIZING WAIVER OF READING IN FULL OF 2007 MUNICIPAL BUDGET:

            WHEREAS, N.J.S. 40A:4-8 permits that the Budget as advertised may be read by its title providing that at least one week prior to the date of the hearing a complete copy of the approved budget shall

            a)            be posted in a public place where public notices are customarily posted, and

            b)            is made available to each person requesting the same during said week and during the public hearing, and

            WHEREAS, the Township of Montville has complied with the aforesaid requirements.

            NOW, THEREFORE, BE IT RESOLVED, the Township is hereby permitted to waive the reading in full, of the Municipal Budget for the year ending December 31, 2007.

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

NO. 3 – PUBLIC HEARING 2007 MUNICIPAL BUDGET:

Frank Bastone, Township Administrator, stated the operating expenses are up 3%.  Salaries and wages are up 5.74%.  The amount to be raised by taxation for municipal purposes is $16,003,025.  The total is $26,289,428.  Increase in levy is 6.92%.  This budget represents meeting two of the Long-Term Financial Planning Committee’s recommendations – reducing overall debt of the Township and keeping the increase in the levy below 7%.

Chairman Daughtry stated we did add $100,000 to the budget after the County Traffic Study’s recommendation for traffic signals in Towaco.  Even with that change, it is below 7%.  I am very happy with the budget. 

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

NO. 4 – RESOLUTION TO ADOPT 2007 MUNICIPAL BUDGET:

BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:

            $16,003,025 for municipal purposes, and

            $1,370,000 Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy.

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

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

NO. 1 – ORDINANCE NO. 2007-17 TO EXPEND A DEVELOPER’S CONTRIBUTION TO FUND THE IMPROVEMENT OF WALNUT I OUTFALL/HATFIELD CREEK IN MONTVILLE TOWNSHIP, COUNTY OF MORRIS, STATE OF NEW JERSEY:

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

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

NO. 2 – ORDINANCE NO. 2007-18 ESTABLISHING THE POSITIONS AND DETERMINING THE 2007 RATE OF SALARY, WAGE OR COMPENSATION OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS AND METHOD OF PAYMENT OF SUCH SALARY, WAGE OR COMPENSATION, UNDER THE DIRECTION OF THE RECREATION COMMISSION:

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:  Bader.  Second:  Sandham.  Discussion:  Committeeman Sandham stated we have a number of secretaries that are volunteer or paid.  I suggest we set a standard with this ordinance for other committees. 

Township Committee agreed the liaisons to the committees take this back to the committees.

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

NO. 3 – ORDINANCE NO. 2007-19 ESTABLISHING THE 2007 SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS AND METHOD OF PAYMENT OF SUCH SALARY OR WAGES:  Unrepresented.

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

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

NO. 4 – ORDINANCE NO. 2007-20 AMENDING CHAPTER 5.32, ENTITLED “GARAGE SALES,” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

Township Committee agreed to amend the ordinance to read that on days when the Township has endorsed a Township-wide garage sale, individual permits will be issued for a fee of $20.

Amend ordinance and carry public hearing to May 22, 2007, at 8 p.m.  Motion:  Bader.  Second:  Nielson.   All in favor.  Motion approved.

DISCUSSION ITEMS:

NO. 3 – MONTVILLE MESSENGER:  Bastone reported he has an April 9 letter from Tony Speciale, President of the Montville Chamber of Commerce, raising concerns about the financing of the Messenger.  Barry Braverman is here representing the Chamber.

Bastone stated on Tuesday, May 1, we met internally to discuss the future of the Montville Messenger.  The first issue of 2007 basically cost us the amount that was required for postage.  The Chamber has some concerns about the costs of ads.  Mike Karlan, publisher of the Messenger, is here this evening.  He was part of our meeting.  I think it was a very productive meeting.  Committeewoman Nielson was also at the meeting.  We came up with some ideas to control costs.  Mike Karlan is going to take a look at publishing costs to see if there are any areas that we can find some significant economies that would bring down the cost of the publication.  I have two recommendations that I would like to put forth this evening and request that the Township Committee endorse:  1) Notify each of the organizations that publish information in the Messenger what they can expect as far as space per page in the Messenger – a policy.  2)  Establish a per page charge for additional pages.  If an organization wished to have more pages than they are allocated in the policy, they would have the ability to purchase additional pages.  There is one technical limitation to that – the document has to be produced in multiples of four pages so we would have to work around that a little bit.

Daughtry stated we touched on at a previous meeting that because we are not a nonprofit, the postage is double what it should be if we were nonprofit.  Bastone stated we are not granted nonprofit status by the post office.  

Mike Karlan stated in the past when we were publishing at a nonprofit rate, postage was approximately 20 cents per issue.  It is now 30 cents.  Postage is going up as of May 14.  I am working with the Montville Postmistress.  Our cost may not increase because of the way we publish and send out the Messenger.  It may even decrease.  That is a decision that will be made in the immediate future.  I will be meeting with her in the next few days. 

Daughtry asked didn’t we talk about trying to partner with a civic organization?  Then we could benefit from their nonprofit status and save the taxpayers some postage.  Is that viable?  Have we looked into it?

Bastone stated I don’t believe we looked into that.  We could, it is worth a shot.  Daughtry stated for those of you in the audience, anyone who might belong to civic organizations that are a 501C3 or 4, you might be able to help the citizens out by talking to our Administrator about working as possibly a sponsor of the Messenger.  It would only be as an endorsement, there would be no financial necessity, it would be just use of the 501C3 status.

Sandham stated he is fine with Frank Bastone’s recommendations.  The group did a good job getting the cost down to $2,600 an issue.  That is well within our budget for four issues for the year for $12,000.  We still need to look into the cost structure which seems to have come up again.  We are now in our second year.  One of the questions I would ask is do we have to pay the same commission rate for renewal ads versus new ads.  I commend the group for getting this done for $2,600.

Township Committee all in favor of Frank Bastone’s recommendations.

NO. 1 – BOARD OF EDUCATION DEFEATED BUDGET:  Daughtry stated he has to step down from this discussion and the votes, as he is a contractor with the Board of Education.  Committeewoman Neilson will chair this part of the meeting. 

Nielson stated the Township Committee is required to make a recommendation regarding the Board of Education defeated budget.  This is a public meeting, but we will not be taking public comment at this time. 

Murphy stated there is an obligation after the defeat of a school budget that the Township Committee reviews the budget.  The Township Committee and Board of Education are required to consult with each other.  The Township Committee has to act on or before May 21.  The County Superintendent is available for assistance. 

Nielson stated at the last Township Committee meeting, a subcommittee was formed.  Jim Sandham, Jean Bader, Dr. Gary Bowen and his staff, Frank Bastone, Fran Vanderhoof, and members of the BOE met.  We have been given a copy of the BOE budget.  We are going to set a time limit on this – one hour. 

Sandham stated the State Department of Education requires us to identify specific line items.  Dr. Bowen and his staff provided us with a list of suggested line items totally approximately $825,000.  The Township Committee then added $100,000 for a salary factor.  We also added a list of programs - $565,000.  The total of those two is $1.5 million. 

Nielson stated we have before us the list of school enrollment from 2001 to 2006.  I also have a list of the levies from 2002 to 2006.  The tax levy had a 52% increase.  The BOE budget has had difficulty in passing in the last 3 to 4 years.  It is our responsibility to the taxpayers and the BOE to review this budget.  We are not here to hurt the children.  I want to commend the BOE for holding the increases this year.  We are doing our very best to work with the BOE to do the best for everyone in the town.

Sandham stated the first items are capital.  Having sat on the BOE before, you are just putting off problems to the future.  I suggest we just take half off of capital.  Tennis courts $160,000.  My recommendation is to leave $10,000 for actual repairs of the courts.  The recommendation is of Bader and Sandham as the Township Committee subcommittee members.  We feel a repair is all that is necessary at this time.  Township Committee agreed – except Daughtry who is abstaining from any discussions/votes regarding BOE defeated budget.

Woodmont ceiling $52,000; field drainage $92,000; Valley View parking $50,000 (original appropriation was $81,650 – it still leaves $30,000 to do some resurfacing); William Mason windows $273,000.

Bader stated being a Woodmont parent, the Township and the school redid Woodmont field in the last five years.  Township Committee agreed. 

Nielson stated we are just making recommendations tonight.  The BOE can take these line items and move the money around.  We are making the best of the situation.

Murphy stated we will be adopting a resolution making a recommendation as to where the cuts be made.  The BOE does have the ability to appeal, and they do have the ability to move their money around.

Nielson stated the subcommittee was charged with coming up with cuts of up to $1 million.  That is less than 1% of their budget. 

Sandham stated the BOE was willing to defer the William Mason windows.  My recommendation is to keep this in.  They requested this five years ago.  We are probably losing money on the energy.  Bader agreed.  Nielson stated she disagrees but is outvoted.  I feel it could be done over two years.  Moscone stated do all of them now.  Consensus – leave in William Mason windows.

Sandham stated the next item – personnel $75,000 added positions.  The BOE agreed to remove.  Bader and I agreed after the subcommittee meeting to reduce salaries $100,000 for vacancies/replacements.  That $100,000 represents 3/10 of a % of the total salary/wage budget.  Township Committee agreed.

Total cuts capital and personnel $519,000.

Sandham read the programs:  ice hockey increase $15,000; athletic operations $10,000; band $5,000; one special education student (anticipated) $45,000; student database $11,500; Values & Visions (Lazar) $20,000; professional development $16,000.

Jon Alin, Board of Education President, stated the special education student – we budgeted for five students.  If you move that $45,000 down, we would be at one. 

Bader stated she recommends leaving the money in for one special education student.  Also, I want to make it clear, these programs are not being cut.  For example, ice hockey is still getting money above and beyond what they got last year. 

Moscone and Sandham agreed with Bader – keep special education in.

Sandham stated also, I would not cut professional development.  That is how we keep good teachers.  Nielson asked how much the total budget for professional development is.  Sandham stated $152,000.  $16,000 is 10%.  

Moscone asked if they can meet the obligations if you cut $16,000.  Bowen replied yes.  The programs – these are not the Superintendent’s recommendation.  It is a discussion point.

Sandham stated ice hockey - $15,000 cut out of a $21,000 increase.  Township Committee agreed.

Sandham stated athletic operations - $10,000 cut.  The total budget if $790,000.  Roughly $560,000 is salaries.  Moscone, Bader, Sandham agreed.  Nielson stated she is open to revisit that.

Sandham stated band $5,000 cut – that is in co-curricular activities.  That budget is $381,900.  Township Committee agreed.

Sandham stated special education $45,000.  Leave in.  Township Committee agreed.

Sandham stated student database $11,500 cut.  No detriment.  Township Committee agreed.

Sandham stated Value & Visions Lazar.  Bader stated she is not sure if she wants to cut this from the budget.  Bowen stated he would like to see that remain.  The total cost is $20,000.  Township Committee agreed to leave in.

Sandham stated the professional development $16,000 – reduced by 10%.  Personally, I don’t agree with cutting this.  Bader and Moscone also agreed with not cutting this.

Total cuts 560,500.

Sandham stated district elementary balanced literacy program guided reading $50,000.  Leave in.  Technology – classrooms of the future $126,000; district-wide replacement of 500 computers $117,843; wireless access of schools $25,000.  Total $268,000. 

Moscone recommended they leave technology as it is.  I don’t want to touch anything of these items. 

Nielson asked if they could eliminate new world language textbooks $71,000.  Bowen stated it is part of the textbook replacement cycle.  It is replacing all world languages textbooks.

Sandham stated he would agree with Steve Moscone, but he would take $50,000 out of technology.  Bader and Nielson agreed with Sandham.  Total $610,500.  Just under 1%.

Sandham stated Deb Nielson talked about student enrollment growth.  One of the things I requested was class size per building.  The high school has increased from 13 to 1 to 17 to 1.  Staffing has remained constant.  I am relatively comfortable with the instructional staff.

Nielson stated she would ask that the BOE revisit the William Mason window issue and stagger it over two years.  Bowen stated that is a manageable solution.

Alin stated if there are problems with the windows, and that is why it is in the budget, it fixes it sooner.

Moscone, Sandham, and Bader agreed they want to keep the full amount for the windows in.

Moscone stated the subcommittee did well.  I think $610,000 is the best I am comfortable with.

Sandham stated I am comfortable with the $610,000.  The voters told us to do something.  I think this is a reasonable amount.  None of this directly impacts in-classroom instruction. 

Bader stated I am also comfortable with the $610,000.  We had discussion of between two and three tax points.

Nielson stated the BOE is here in an unofficial capacity.  I don’t know if they have any comments.  We can adopt the resolution tonight.  If we don’t, we will have to call a special meeting of the Township Committee.

Sandham stated I would like to hear from the Board of Education President and Dr. Bowen.

Bowen stated we appreciate the recognition of our budget.  We will work within it as per the law.

Alin stated I cannot speak for the Board.  We will discuss it at our meeting of May 15. 

RESOLUTION NO. 2007-CES-050807B 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 – Board of Education Budget.

Motion:  Sandham.  Second:  Bader.  All in favor except Daughtry - abstain.  Resolution adopted.

Closed session at 9:30 p.m.  Public session 9:36 p.m.

A RESOLUTION CERTIFYING TO THE COUNTY BOARD OF TAXATION THE AMOUNT OF $53,979,874.00 TO BE RAISED BY REAL PROPERTY TAXATION FOR SCHOOL PURPOSES IN THE CALENDAR TAX YEAR OF 2007:

            WHEREAS, the 2007 School Budget was presented to the voters of the Township of Montville on Tuesday, April 17, 2007, and said budget was rejected; and

WHEREAS, the Board of Education in accordance with N.J.S.A. 18A:22-37 did deliver to the municipality within two days the necessary budget information; and

WHEREAS, representatives of the Township Committee and the Board of Education did hold joint consultation meetings in an effort to collect information and determine the amount to be levied for real property taxation in support of the Montville Schools in compliance with N.J.S.A. 18A:22-37; and

WHEREAS, the Township Committee has conducted an independent review of the Board of Education's proposed budget in order to determine the amount of real property taxation required to provide a "thorough and efficient system of education in the schools" within the constricted timeframe as provided by N.J.S.A. 18A:22-37.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris, State of New Jersey, that the budget submitted to the voters by the Montville Board of Education on April 17, 2007 was rejected in terms of General Fund, thereby necessitating a levy to be set by the Township Committee which levy is hereby set at $53,979,874.00.  The recommended reductions in the proposed budget are certified in Schedule A attached hereto.

BE IT FURTHER RESOLVED that the Township Clerk is directed to send a certified copy of this Resolution to the County Board of Taxation as a certification of the amount of property taxes to be raised in calendar year 2007 to support the Montville Board of Education.

EXHIBIT A

Township of Montville

Defeated School Budget - 2007

Potential Reductions

TOTAL                                                 $610,500.00

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

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Kevin Zabranskie, 24 Brook Valley Road, stated half of his property is in Montville and half of it is in Kinnelon.  There is a law that states where you pay the most taxes is where you have to go to school.  I grew up in Montville and coach at the high school.  We want our children to go to Montville schools.  I am connected to Montville sewers.

Daughtry stated we have looked into different things.  Bastone stated he talked to the two Tax Assessors, and they agree they can revisit the assessments since the house now has a large addition on it which is located in Montville.  The net result would be a slight increase in their taxes, but it would shift the larger amount of taxes to be paid to Montville.  I have asked the Assessor to provide a memo to me discussing the details.  I hope to have it on the next agenda.

Daughtry stated he also reached out to the Board of Education – if they can somehow work with us. 

DISCUSSION ITEMS:

NO. 8 – SENIOR CITIZEN INCOME QUALIFIED SEWER DISCOUNT PROGRAM:  Bastone stated the existing program originally established the amount of income at $10,000.  We have taken a look at the CPI and inflation.  The recommendation is to raise the limit to $13,000. 

Sandham stated he would take it to the $13,245 and adjust it each year. 

Township Committee agreed to introduce ordinance at next meeting.

NO. 9 – TOWACO CIVIC ASSOCIATION – SPORT STACKING CHAMPIONSHIPS JUNE 9:  Ed Marucci, 31 Woodshire Terrace, Towaco, stated we are here to ask for your support of this competition.  The rain date would be June 10.  Louis Marucci gave a demonstration of sport stacking.

Marucci stated there would be live entertainment, food, refreshments, professional photography, etc. at the event.  We would like to borrow tables and chairs and get general assistance with setup and cleanup.  The entire community is invited to this event. 

Bastone stated he corresponded with the TCA back in April about what they want to make sure they take care of it – to check with Chief Cook for police for pedestrian and vehicular safety; and to obtain the required Board of Health permits.  What I received on Friday was a request for assistance on the day of the event setting up chairs, etc.  I discussed with Mr. Mazzaccaro. 

Daughtry asked Mr. Mazzaccaro if he could stay within the DPW budget.  Thomas Mazzaccaro, DPW/Water & Sewer Director, answered yes.

Township Committee agreed – two men for eight hours, chairs, and tables.

NO. 2 – BOARD OF EDUCATION RELOCATION:  Bader stated she feels Mayor Daughtry should step down from this discussion.  Murphy stated he has ruled that he should step down from the budget issue because he is a contractor.

Daughtry stated he has no problem stepping down if the rest of the Township Committee wants him to.  Bader stated that is fine, I just wanted it on the record.  Sandham stated he values Art Daughtry’s opinion on this. 

Bastone stated at the last meeting, we discussed with the Board of Education the potential of the Township funding the construction of a new BOE facility at 86 River Road for $1 to $1.2 million.  I passed out an e-mail this evening I received from Dr. Bowen this afternoon.  They agree when the specifics are known they will discuss it, i.e. specifics of contract information. 

Daughtry stated he knows there will be a discussion if it is $1 to $1.2 million.  $200 per s.f. would be a bare-boned, austere, building – 5,000 s.f.

Bowen stated 6,400 to 7,600 s.f is the window.  A professional should determine the needs for our program. 

Alin stated when we discussed it at our meeting, it was 9-0 for the $1.2 million.

Moscone stated $1.2 million works.

Vanderhoof stated Dr. Bowen was to check with Bond Counsel to see if the BOE can enter into a 15-year lease.  Bowen stated he and Bond Counsel have been missing each other.

Bastone stated we spoke to our Bond Counsel, and there is no problem on our end, but the BOE needs to speak to their Bond Counsel because there are certain limitations with BOE’s.

Bader stated going back to our original meeting in October 2006, the first proposal for this building was for 4,000 s.f.  I have always maintained this should go to referendum.  It should be up to the taxpayers.  I think you can sell it.  I have not heard one solid s.f. number over the past year.  I will not endorse $1.2 million.

Alin stated you are bonding $1.2 million.  It is not going in our budget.  In October 2006, the Township Committee said they would give us 4,000 s.f.  The costs did not include the moving of Township employees.  86 River Road is your building.  This is to fix up your building.  This is our cheapest alternative.  It is $1.2 million to fix your building, and we would pay it back.

Bader stated I have not seen any numbers.  It has not been proven to me that this will work.  Contracts are made to be broken.  I don’t have any faith this will work.  I am here to represent the taxpayers.  I think you should go to the taxpayer and sell it to them.  I think it will pass.

Sandham stated I think it is counterproductive to go through how we got to today.  I think what we have now is a win-win.  We have an unused building we can renovate and make it useful for the taxpayers.  The number on $1.2 million under debt service is $150,000 per year.  Right now, the BOE is paying over that. 

Nielson stated we took a straw poll a few meetings ago, and I voted in the affirmative.  I agree with the concerns about the details.  This is a win-win for utilizing an unutilized piece of property.  I believe the BOE should also explore other avenues.  There is no plan B.  I endorse this with a qualified yes that all the details will be worked out in a lease.  Also, subject to the terms of the lease, Bond Counsel for the BOE agreeing, that all fees will be the responsibility of the BOE, and it has to be an austere building, or I will not vote to bond.  For purposes tonight, I do endorse this at $1.2 million.

Daughtry stated I am in favor.  There are a lot of details.  We need a basic resolution.  Hopefully we are going to pass a resolution to support the BOE, and in the future bond $1.2 million if all the stipulations are met. 

Nielson stated and we would publicize this heavily to make sure the public understands the specifics of this.

Bader asked don’t we work out the details prior to?  All the details should be worked out upfront. 

Daughtry stated we are not bonding tonight, but we will if we work out all the details. 

Nielson stated I am approving tonight so they can go back and work out the details.

Sandham stated we could have gone out and tried to make that property useful.  Irregardless if the BOE occupies it, we need to come to an agreement about what is gong to be done with that building.  I think it is important that we get the terms and conditions set out in a short timeframe. 

Daughtry stated the sooner, the better.  Who is gong to control the construction of the building?  Sandham stated we are going to build the building.

RESOLUTION endorsING and pledgING cooperation with the Montville Township Board of Education in a joint effort for the construction of a new Township building to be used by the Board of Education at 86 River Road:

            WHEREAS, the Township Committee and the Board of Education have been conferring concerning a possible relocation of Board of Education offices to a Township facility; and

WHEREAS, the Township Committee and the Board of Education have agreed to cooperate in the relocation of the Board of Education offices to the 86 River Road site.

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 Committee endorses and pledges cooperation with the Montville Township Board of Education in a joint effort which will result in bonding of up to 1.2 million dollars for the construction of a new Township building to be used by the Board of Education at 86 River Road.  This endorsement is conditioned upon the finalization of details and final documentation including agreement from the Bond Counsel of the Board of Education that this is legal and acceptable.

Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, no; Nielson, yes; Daughtry, yes.  Resolution adopted.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

John Rosellini, 5 Matilda Terrace, Towaco, stated he is here for the Towaco Civic Association.  On June 3, they are planning a picnic at Camp Dawson – the other side of the barn back by the ponds.  They have secured the use of the stage from a school.  We need your assistance with tables, chairs, garbage cans, and bags.  The picnic is open to the entire Township. 

Daughtry stated I know you are a new group, but it would help if you gave us a schedule at the beginning of the year. 

Nielson stated that is the weekend of the town-wide garage sale.  We do have DPW scheduled to set up tables for that. 

Bastone stated we need to set a policy that each year we will endorse and/or fund certain events.

Support the TCA picnic based on agreement with Frank Bastone and Tom Mazzaccaro.  Motion:  Moscone.  Second:  Nielson.  All in favor.  Motion approved.

Tim Braden, 12 Green Meadows Road, Montville, asked if we considered allowing residents to subscribe to the Montville Messenger via e-mail.

Daughtry stated that is on our radar screen.  We need to pursue down the road.

Carmela Novi, 5 Willard Lane, Towaco, stated thank you for your support of the TCA.  Whatever guideline you put out, we will absolutely comply. 

DISCUSSION ITEMS:

NO. 4 – SALE OF PROPERTY – LAKE MONTOWAC:  Bastone distributed a map of the building envelope.  Potential to build a home with a 5,000 s.f. footprint.  Recommendation is to sell it as a buildable lot. 

Vanderhoof stated the Township purchased this property in 1986 at a cost of $115,000.  We then hired Cantanzaro to demolish the house for $4,000.  We advertised the property for sale at a minimum bid of $150,000 in 1995.  No bids were received.  We bought it because they realigned Changebridge Road.

Daughtry stated my concern is the sight triangle.  Is there a restriction where they can’t put anything there?

Anthony Barile, Township Engineer, stated there is a maximum height restriction in the code for that.  Daughtry stated the footprint calls for a long, narrow house. 

Nielson stated we have seen this type of situation at the Planning Board.  People typically want to build a “Montville” house.  Then you have zoning board issues.  I would put deed restrictions on this.  The neighbors are very concerned.  They don’t want development on this.  My recommendation would be to send registered letters to the residents in the area.  I want their input before we go any further on this.

Barile stated we can set whatever restrictions we want. 

Bastone stated he can get an appraisal from the Assessor.  Township Committee – ok.

NO. 5 – ZONING AMENDMENT R27D – CHILD CARE/ELDER CARE CENTERS:  Nielson reported this was approved by the Planning Board.  The Planner also recommended approval. 

Sandham asked there are no other zone areas it would make sense to allow childcare?

Nielson stated there are other zones in town that allow childcare, but not eldercare.  The Planning Board has directed the Planner to look at that.  I see no objection to introducing this ordinance tonight.

INTRODUCTION OF ORDINANCE NO. 2007-24 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO PERMIT CHILD CARE AND ELDER CARE CENTERS IN THE R27D ZONE:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 22, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Moscone.

Moscone left the meeting at this time.

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

NO. 6 – Deleted from final agenda.

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2007-CA10:  Motion:  Nielson.  Second:  Sandham.  All in favor except Moscone – absent.  Resolution adopted.

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

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

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

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

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

CONSENT AGENDA ITEM B – RESOLUTION ACCEPTING ADDITIONAL PERFORMANCE GUARANTEE – LAKE VALHALLA CLUB, BLOCK 11, LOT 29; BLOCK 20, LOT 1; BLOCK 22.1, LOT 1: 

WHEREAS, Lake Valhalla Club, the developer of property known as Block 11, Lot 29; Block 20, Lot 1; and Block 22.1, Lot 1, is required to submit a Performance Guarantee to the Township of Montville; and

            WHEREAS, Lake Valhalla Club has submitted a Performance Guarantee in the form of cash in the amount of $4,800.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by Lake Valhalla Club in the form of cash in the amount of $4,800.00 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

CONSENT AGENDA ITEM C – RESOLUTION APPROVING VOLUNTEER FIREFIGHTER CERTIFICATE OF EXEMPTION:

WHEREAS, Certificates of Exemption for the following persons have been approved by the respective Fire Departments and the New Jersey State Firemen’s Association:

John J. McGorry                                  Montville Excelsior Company #1

            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 Certificates of Exemption be approved, and the Township Clerk is authorized to file said Certificates with the Morris County Clerk.

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MONTVILLE TOWNSHIP LITERACY FOUNDATION, INC.:

WHEREAS, the Montville Township Literacy Foundation, Inc. has offered a grant to the Township of Montville in the sum of $16,500.00 for the conduct of a program of instruction and training in English as a Second Language for the sole benefit of individuals residing, working, or worshiping within the Township of Montville; and

WHEREAS, the terms and conditions of the grant are contained in correspondence dated April 30, 2007 from David C. Dixon, Esq., counsel for the Montville Township Literacy Foundation, Inc.; and

WHEREAS, the Township of Montville desires to accept 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 municipal officials are hereby authorized to execute the letter agreement between the Township of Montville and the Montville Township Literacy Foundation, Inc. accepting a grant of $16,500.00.

CONSENT AGENDA ITEM E – RESOLUTION TO SUPPORT AND PARTICIPATE IN THE VOLUNTEER TUITION CREDIT PROGRAM (P.L. 1998, C. 145)

WHEREAS, the Township Committee of the Township of Montville in the County of Morris, deems it appropriate to enhance the recruitment and retention of volunteer firefighters and emergency medical volunteers in the Township of Montville; and

WHEREAS, the State of New Jersey has enacted P.L. 1998, c. 145 which permits municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Tuition Credit Program at no cost to the municipal government.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris that the Volunteer Tuition Credit Program as set forth in P.L. 1998, c. 145 is herewith adopted for the volunteer firefighters and emergency medical volunteers in the municipality; and

BE IT FURTHER RESOLVED, that the Municipal Clerk is herewith delegated the responsibility to administer the program and is authorized to enter into all agreements and to maintain files of all documents as may be required under the P.L. 1998, c. 145, a copy of which is herewith made part of this resolution.

RESOLUTIONS:

NO. 1 – RESOLUTION APPROVAL OF MINUTES:  Approval of closed session and public session minutes - regular meeting 2/13/07; special joint meeting with the Planning Board 02/22/07; and special budget meeting 02/27/07.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 2 – 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, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

Moscone returned to the meeting at this time.

ORDINANCE INTRODUCTIONS:

NO. 1 – BOND ORDINANCE NO. 2007-21 PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,265,650 THEREFOR, INCLUDING A GRANT IN THE AMOUNT OF $166,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE ISSUANCE OF $1,046,000 BONDS OR NOTES OF THE COST THEREOF:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 22, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.

Discussion:  The wording in item (j) stated purchase of a bus shelter for Towaco stop.  Should be changed to improvements to the bus shelter. 

Sandham stated we are bonding for equipment we can lease from the County.  Nielson stated I was at that County meeting with Frank Bastone.  I have here a letter to the editor regarding this.  The taxpayers are paying for it twice.  I thought we might send a letter to the Freeholders endorsing this.  Daughtry stated he agrees.  Discussion regarding bucket truck.  Daughtry stated he knows what the bucket truck is like, and they have requested it for a few years.    Bastone stated how about if we move on the ordinance and Tom Mazzaccaro will look into if the County can provide at no cost, etc.  Roll call vote on ordinance introduction and item (j) amended wording – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – BOND ORDINANCE NO. 2007-22 PROVIDING FOR VARIOUS WATER IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $348,500 THEREFOR, INCLUDING $98,500 AVAILABLE IN THE CAPITAL OUTLAY FUND AND AUTHORIZING THE ISSUANCE OF $238,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 22, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 3 – BOND ORDINANCE NO. 2007-23 PROVIDING A SUPPLEMENTAL APPROPRIATION OF $70,000 FOR DRAINAGE IMPROVEMENTS ALONG VIEWMONT TERRACE AS STATED IN SECTION 3(i) OF BOND ORDINANCE NUMBERED 1229 FINALLY ADOPTED APRIL 8, 1997 IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $66,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE APPROPRIATION:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 22, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

Chairman Daughtry stated he would like to acknowledge Robert Lefkowitz, who is in the audience.  He has been a great help with the website.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported on the animal shelter.  He met with the Board of Health and animal control people to pare down and meet with the architect. 

Bastone reported the 2007 dental insurance renewal is 0%.

Bastone reported he gave everyone the handout from the Morris County shared services meeting. 

NO. 2 – ATTORNEY:  Murphy reported the South Salem Associates litigation has concluded at the trial level.  The remaining count was a contract claim.  They agreed to drop that part of the complaint so they can file for appeal.  That process will be handled by the attorneys from our insurance company.

NO. 3 – FINANCE:  Vanderhoof reported there are two organizations that have not submitted their financial statements yet – Montville Museum and the Montville Historical Society.  Nielson stated she did not see the revenue side of the lacrosse club report. 

NO. 4 – ENGINEER:  None.

NO. 5 – COMMITTEE REPORTS:

Committeeman Moscone – none.

Committeeman Sandham reported our high school sports teams have been doing phenomenal this year.  I think we should send a letter from the Township Committee to the Superintendent and Principal.

Sandham stated I think there has been a spirit of cooperation with the groups in town. 

Committeewoman Bader reported Frank Bastone will take care of a letter we received regarding animal control.

Committeewoman Nielson stated Melinda Jennis applied for a State grant for children with disabilities to stay in their home district.  Montville received a grant in the amount of $348,000 to be spent in the next two years.  Mrs. Jennis and her ladies did this in five days.  It is the largest grant in Morris County.  Kudos to them.

Nielson stated the Michelle Sullivan tournament was this weekend.  The fields looked terrific.

Nielson stated the fishing derby was this past Saturday at Masar Park.  Kudos to Mr. Mazzaccaro and the Township Committee for the aerator.  The grounds look great.

Nielson stated a few months ago I asked about the lights on Pine Brook Road.  The new lights in addition to the street lights are still there.

Barile stated on March 9, I sent a letter to JCP & L asking them to remove four lights.  It is on their list to do.

Chairman Daughtry asked about the status of the outside furnace ordinance.  Bastone stated we referred that to the Board of Health.  Daughtry asked Jean Bader to ask about it at the next Board of Health meeting.

Daughtry asked do we want to put in the Messenger that we are going ahead with the traffic improvements in Towaco?  Township Committee – yes.

Daughtry stated there is a highlands meeting on May 16. 

Daughtry stated we received a Brownfields letter dated April 25 regarding 5A Mars Court.   Refer to Planning Board.  Letter given to Deb Nielson.  This is in the highlands.

Moscone stated the bathrooms at Camp Dawson are open.

Moscone stated the Montville Lacrosse Club finished a four-week training for the Pathways Group.

Sandham asked about the status of the EIT funds.  Nielson stated last I heard we were closing in.  No answer to this question yet.

Meeting adjourned at 11:35 p.m.  Motion:  Bader.  Second:  Sandham.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk