MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—May 22, 2007

Montville Township Committee Regular Meeting

Tuesday, May 22, 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

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-052207 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 – Dubnoff; Tax Appeal Anton Co.; Personnel.

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

At 7:05 p.m. – Closed Session.  At 8:04 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeewoman Nielson.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

NO. 1 – ORDINANCE NO. 2007-20 AMENDING CHAPTER 5.32, ENTITLED “GARAGE SALES,” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

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

NO. 2 – 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 TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

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

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

NO. 3 – 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:

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

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

NO. 4 – 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:

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

Motion to adopt ordinance:  Sandham.  Second:  Nielson.

Discussion:  Committeewoman Nielson asked if the plans and specs are ready.

Anthony Barile, Township Engineer, said the funds become available the beginning of June, and by that time we will be ready to go out to bid. 

Nielson stated school will be starting.  Can we go out to bid right after the money is available so the job can be done by the time school starts?

Chairman Daughtry said they will complete the project as quickly as possible.  Barile said safety is always our number one concern.  It will be a safe construction area.

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

DISCUSSION ITEMS:

NO. 1 – DRAINAGE 116 KONNER AVENUE:  Frank Bastone, Township Administrator, reported they have a letter from March 12, 2007, from Mr. Ventricelli, a resident at 116 Konner Avenue, concerning drainage.  There is also a letter attached from the next-door neighbor - #114 Konner.  We have provided photos, tax maps, and maps of the topography. 

Barile stated Mr. Ventricelli is at the bottom of a substantial drainage area.  When this property was originally subdivided, drainage should have been installed.  Sometime ago, a drain was put in on #114 Konner to accept the drainage.  There were no easements obtained, and it was put on private property by the road department.  Should it be a Township project?  A quick estimate, and we would have to get easements, is $1,500 for materials.

Daughtry asked would we consider putting a new drain with a catch basin at the corner?

Carl Ventricelli, 116 Konner Avenue, Pine Brook, said coming from the mountain on the back of the property, a small river comes between mine and my neighbor’s property – when it rains. 

Mr. Ventricelli submitted pictures to the Township Committee.

We have been there since 1962.  We have been having this river since 1968.  It has gotten worse since construction started.  My neighbor pumps his drywell on our property, and then my backyard floods. 

Theresa Ventricelli stated when we first moved in our house, we had a basement we could use.  We put a sump pump in and it still cannot handle it.

Arnold Berghorn, 114 Konner Avenue, Pine Brook, said I have been fighting this water problem since 1967.  The builder put a French drain in my backyard.  The town requested the builder add a drainpipe.  The drain was really not in the right spot.  Then the town put in a 17” storm drain.  That works fairly well as long as no one dumps leaves.  In order to have my backyard usable, I put in an extra-large patio.  In order to get that section to be planted with grass, I added two 6” PVC pipes near the woods.  With every house that has been built on Gathering or Hilldale, the problem gets worse. 

Mr. Berghorn also submitted pictures to the Township Committee. 

The water is up against my basement windows.

Daughtry addressed Mr. Barile:  If there is that much water coming off the hill, do we have any leverage with anyone building up there?

Barile replied as to any developer’s agreements and money left, I would check with Mrs. Vanderhoof. 

Frances Vanderhoof, Director of Finance, said she would check on that.

Ventricelli said the neighbor behind us seems to be trying to correct the problem.  I think he is using his wet well for his sprinkler system.

Daughtry stated I am going to look to our Engineer and Mr. Mazzaccaro to make recommendations. 

Nielson asked with that amount of water coming down, is that piping sufficient?  Can we have our Engineer look at a couple of different options and confer with the Township Administrator about the town’s responsibility to determine where we can go from here.  I think we need more technical information.

Committeeman Sandham stated I am looking at one of the pictures, and the one house has no leaders and gutters and a Spanish roof.  The water is running right down.  Aren’t there requirements?

Nielson answered yes.  Barile stated that picture is of a pool house, and I honestly don’t know if gutters are required on that.  We have been in contact with that property owner who has the drywell. 

Daughtry stated I would like to pick a date when we can get back to these citizens as to what we can do.

Barile stated my office feels that putting in a drain will alleviate the problem.  The question is if this is a Township problem or a resident problem. 

Daughtry stated the first issue is I want the right plan.  Is there something else we should be looking at up above and where is it coming from? 

Barile stated I think that area is built out.  I think what we need to do is build a system to contain what is there now.  $1,500 for materials.

Committeeman Moscone stated as far as responsibility, the town stepped in previously in 1965, and we should finish it.

Barile stated also easements are needed.  Both property owners are in agreement.

Mr. Berghorn feels there already is an easement.  Barile stated we have no record of it.  I would like to see what you have.  The surveying and the legal work has to be done.  If you want our offices to do it, our priorities have to change.  I need direction. 

Nielson stated we have other complaints about water in town and other issues.  We need to make a policy. 

Daughtry asked when do you think you can get the survey done?  Barile replied in August.

Martin Murphy, Township Attorney, stated you need to get the easements so it becomes a public project.

Daughtry stated we are definitely willing to begin the process.  We need to keep two property owners in the loop on this.  Anticipate the beginning of September it will be back in front of us.

Nielson stated I am not sure this is the whole problem.  If people are dumping illegally, drywell not functioning, etc., we need to get to the root of the problem.

Daughtry stated I think Tony is saying this will fix the problem.  September – surveys and easements.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Constance Cromal, Foremost Mountain Road, Towaco, stated she has lived here for 50 years.  We have well water.  My husband recently passed away.  I pay $95 for sewer.  I think you should give someone who is alone, or senior citizens, a break. 

Daughtry said I believe you are getting a discount.  Cromal answered yes.

Thomas Mazzaccaro, DPW/Water & Sewer Director, stated yes, we have one program.  She is in the program. 

Cromal stated I think you should give breaks for only one person living in the house.  Mazzaccaro stated we are in the process of looking at our sewer rates based on usage.  There are some problems; such as, she has a well and we don’t have a meter on it.  The problems are solvable.  Mr. Sandham and Mr. Bastone are working on this.  It is on our agenda this year, and we are working on it.

Daughtry stated right now, this year, they are looking into a usage sensitive system.  There is some hope that maybe next year you will see a reduction in your sewer bill.

Joe Bischoff, 25 Hilldale Road, Pine Brook, stated he just received the bill for water & sewer.  The sewer was $120.  Is that the rate?  Bastone replied yes, the sewer is a flat fee.

Milton Feldman, 47 Windsor Drive, Pine Brook, stated he has been living here for 40 years.  When we first moved in, I had a break-in.  I put in an alarm.  I live in Naples, Florida, from November 1 to May.  I received via the mail a citation that I owe money because I have had several alarms.  It was two days, one following the other.  My neighbor said it was due to high winds.  We have 365 days per year.  To have one alarm forgiven is not enough.  I am advocating that this particular rule/ordinance be more liberal.  It is the principal of the matter.  I am aware that years ago there were two alarms forgiven, now there is one.  I have gone through many storms and when I am here, I take care of it.  But I am not here all the time. 

Vanderhoof stated it is the original ordinance.  The first false alarm is free.  Second $25; third $25, fourth $100.  There are some people who have a multitude of alarms.  The ordinance is used as a deterrent. 

Feldman stated I paid the $25 under protest.  There are 365 days per year.  At 47 Windsor Drive, there are no multiples of alarms. 

Nielson asked if there have been many complaints on this issue.  Bastone and Vanderhoof both replied no.

Committeewoman Bader stated maybe we should take a closer look at the ordinance.

Bastone stated the reason the ordinance is the way it is, is the police have to respond to every alarm. 

Vanderhoof stated this ordinance is used in most towns.

Feldman stated I respect the fact that the police go out for every alarm.  I am thankful for that.  My point is you have people who are not flagrant violators here - amend the ordinance to give these people a few extra alarms.  I hope you will take this into consideration.

Nielson stated I would like to have our Administrator look into this. 

George Drexl, 29 River Road,  Montville, representing Montville Broncos, spoke about issues at Camp Dawson.  They have a wish list:  #1 – the parking situation.  It is becoming worse.  People have total disregard for safety.  What about the possibility of looking into the relocation of the entrance?  I spoke to Mr. Mazzaccaro, and he said there is a plan to have the driveway moved so it is not in between the field and the parking.

Nielson stated we met with NJDEP out there last Fall.  There are restrictions as to what we can do.  We acknowledge there is a parking problem there.  We did discuss moving the entrance.  NJDEP was amenable to this, but they need to see a plan.  Mr. Barile’s office is working on a plan. 

Barile stated we developed a concept plan.  It redirects the driveway.  Our field crew was out there today doing a survey to complete that plan and send it off to the DEP. 

Drexl stated this is paramount.  Can we expedite?  Nielson stated I would like to see it accelerated. 

Daughtry asked can we get a hold of someone at NJDEP, tell them this is a safety issue, and can we cut a new driveway?

Barile stated we are talking about a whole new driveway system.  It is a significant change.  Green Acres has to approve it.  I need to do a certain amount of engineering work to know that the plan I send down will work.

Sandham asked can we take steps in the interim?  Speed bumps, etc?

Moscone stated there are a multitude of things that have to be done.  I think this needs to be an agenda item.  Can you give us the list, and we will put it on the next agenda.

Drexl stated he will submit the list to the Township Clerk and Mrs. Witty by the end of the week.

DISCUSSION ITEMS:

NO. 3 – WEBSITE:  Bastone reported that the Township Committee has Bob Perkins’ report contained in his Administrator’s report dated 5/17/07.  We have had input from Robert Lefkowitz.  We are looking for authorization to proceed with the web service setup.  There may be additional software we have to purchase.  We would be using the same platform Montclair uses.  We would then proceed with the rewriting of the content.  The final decision on the actual hosting service – Bob Perkins was asking that we delay that until we are more towards the end of the process.  That is a very low budgetary item – probably $50 per month. 

Bob Perkins, Computer Technician, outlined the plan described in his report. 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he strongly feels the website development is one day.  Why can’t you start with what you have and develop it?

Committeewoman Nielson left the meeting at this time.

Bastone stated we want to have the Department Heads rewrite their content and have a procedure where they can update their own sections. 

Sandham stated content development and the cost associated with it – what are we going to get for that?

Committeeman Moscone left the meeting at this time.

Bastone stated the cost is zero.  The Department Heads are going to develop the content. 

Township Committee authorized Bob Perkins to move forward.

Daughtry thanked Robert Lefkowitz.

Committeewoman Nielson and Committeeman Moscone returned to the meeting at this time.

NO. 2 – TAX ASSESSMENT 24 BROOK VALLEY ROAD:  Bastone reported the Township Committee has Tax Assessor Tom Lenhardt’s memo dated May 17 talking about the assessments for the Zabransky property and the backup documentation.  This was brought about by the Zabranskys as to the assessments between the two towns.  They subsequently put on an addition, and the two towns have been discussing.  The Assessor’s have taken care of it.

Daughtry stated someone needs to notify the Zabranskys and the Board of Education. 

NO. 4 – SALE OF PROPERTY – LAKE MONTOWAC:  Bastone reported they have reconfigured the building envelope on the property.  There is a much larger building envelope.  We have Mr. Lenhardt’s estimate of market value - $480,000. 

Bader stated she thought we were going to get input from the local residents.  Murphy stated they can do that with the introduction of the ordinance or the public hearing.

Nielson stated it is important we hear the sentiments of the people in the neighborhood.  Sandham stated we should send a notice of public discussion to the residents.  Daughtry stated notify residents of discussion for June 12 meeting.  Send sketch to residents showing the deed restrictions, etc.

NO. 5 – SMART FUTURE GRANT:  Bastone reported we have this grant and are on schedule to complete it by August, which was the deadline date.  They have sent us a notice that we have to complete it within a month.  It is a mad scramble.  We are working on it – Linda White and Fran Vanderhoof.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-25 AMENDING THE ZONING MAP OF THE TOWNSHIP OF MONTVILLE AND REZONING A PORTION OF BLOCK 29, LOT 1 TO THE R-120 RESIDENTIAL ZONE – PENNBROOK COURT:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 12, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-26 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $7,500:  Morris Land Conservancy.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 12, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 3 – BOND ORDINANCE NO. 2007-27 PROVIDING FOR THE RESTORATION OF NICHOLAS-VREELAND OUTKITCHEN LOCATED ON JACKSONVILLE ROAD IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $20,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $19,000 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 June 12, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007-CA11:  Motion:  Sandham.  Second:  Nielson.  All in favor.  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 CHAPTER 159 APPROPRIATION – MONTVILLE TOWNSHIP LITERACY FOUNDATION/ESL $16,500.00:  2007 Municipal Budget:  Revenue title:  Montville Twp. Literacy Foundation $16,500.00.  Appropriation title:  English as a Second Language/ESL $16,500.00.  Local Match - source:  None.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO COLONNELLI BROS., INC. SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

WHEREAS, Colonnelli Bros., Inc. is the contractor for the Sewer Repair Project (Contract 2006.07); and

WHEREAS, William D. Ryden, P.E., the Township Water and Sewer Engineer, has recommended that the Sewer Repair Project (Contract 2006.07) be accepted by the Township and that final payments be made; and

WHEREAS, Colonnelli Bros., Inc. is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

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 accepts as final the Sewer Repair Project (Contract 2006.07) and releases to Colonnelli Bros., Inc. final payment in full; and be it further

RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from Colonnelli Bros., Inc. in a form approved by the Township Attorney and 2) receipt of an Affidavit from Colonnelli Bros., Inc. as to release of all claims and liens.

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

NO. 2 – RESOLUTION APPROVAL OF MINUTES REGULAR MEETING 02/27/07 AND SPECIAL BUDGET MEETING 03/13/07:  Approval of closed session and public session minutes - regular meeting 02/27/07; and special budget meeting 03/13/07 with amendment:  Camp Dawson amount should be $90,000, not $900,000.  Motion:  Nielson.  Second:  Moscone.  All in favor.  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:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported they received bids last week on the Bond Anticipation Notes.  The renewal is September.  We are requesting the Long-Term Financial Planning Committee look at them. 

EIT – Bastone reported they received notification from the DEP that they are processing the money due from them on the O’Dowd property.  Vanderhoof stated the money came into our account yesterday.

Route 46/Hook Mountain Road intersection – Bastone reported he and Tony Barile met with the DOT.  They are attempting to solve the problem with the ramp. 

NO. 2 – ATTORNEY:  Murphy reported they finally heard from the State on the Montville Center/Robbins property.  They are agreeable to the acreage that will be under the EIT loan.  At this point, we need to select the portion of the property we want to use. 

Bastone stated we will get the map out and sketch it up.  We will then get it to Mr. Borbas for a survey.

Nielson stated they should have one for the next Township Committee meeting to approve. 

Murphy stated we would be designating 11 acres for the EIT, and there will be many restrictions for that 11 acres under the EIT.  Possibly also get quote for next meeting from Mr. Borbas.

Nielson stated Tom Mazzaccaro has been involved in this.  Mazzaccaro stated he has the map.  We could draw the line, and we could get the quote from Mr. Borbas.

Next Township Committee meeting June 12 – professional services agreement with Mr. Borbas and approval of map.

NO. 3 – FINANCE:  No report.

NO. 4 – ENGINEER:  Barile reported the guardrail that was requested by Montville Baseball/Softball on River Road will be installed next week.  Also, the guardrail by Mr. Drexl’s house is being replaced as that is in bad shape.

NO. 5 – COMMITTEE:

Committeewoman Bader endorsed the Adopt-A-Hydrant program.  She is going to paint the hydrant across from her property. 

The Board of Health did discuss the outdoor furnaces.  They are going to look further into the State ordinance and see what they can adopt for Montville Township.

Committeewoman Nielson stated they had correspondence last August from Mr. Nosti regarding the dugout money.  They were going to give us the money by the end of baseball season.  I would like to hear an update. 

At the Recreation meeting there was a discussion about Manchester Park.  That money was diverted.  There is an eyesore there – asphalt, dilapidated tennis courts.  The Recreation Commission is concerned as to where this money will come from for new equipment.  They feel it should come from the Township’s general fund, and not from money designated for Recreation projects.

Bastone stated the cost being discussed is for the disposal of the asphalt.  We don’t have the money budgeted.  Nielson stated the estimate was $2,700. 

Daughtry asked why we can’t rent a machine that grinds up the asphalt?  Mazzaccaro stated he will look into. 

Nielson stated it needs to be done.  We need to find the $2,700. 

Bader asked didn’t Recreation move money out of Manchester Park for other projects?  Now they want the money for that park.

Sandham stated my point is along the same lines.  Did the cost of new tennis courts include the price of the removal of the old tennis courts?

Nielson stated Recreation does not want their money whittled away for routine maintenance items.  They want it used for new equipment. 

Bastone stated maybe we can find the money in tipping fees.

Sandham stated all these committees – we are all one Township.  They can’t view it as their money.

Moscone stated he would like to just find the $2,700.

Nielson stated Route 202 improvements Towaco – is that in the design phase?  Barile answered no, we have corresponded with the County about if they are doing it or if they are hiring a consultant, etc.  I will put another call into them.

Daughtry stated at their presentation, the County Engineer said it would be about nine months until the start of the construction.  We will probably won’t see the actual improvements until late 2008.  

Nielson stated she is talking about just the traffic light.  I thought we were going to expedite that.  We set aside $100,000 for that.  Daughtry stated all of the improvements there were $300,000.  Our share was $100,000. 

Bastone stated the $300,00 in the report was for 3 or 4 items designated in their report.  Nielson stated we did talk about expediting the traffic light.  In addition to that, the Planning Board has been looking at streetscape improvements throughout Montville; but in particular, in the Towaco area.  I wanted to make sure that the Township and the Engineer know that as it might increase the cost.  If it enters the design phase, we need to tell them there may be a material change. 

Daughtry stated there is a drainage issue there that we have let the County know about.  Bastone stated he will let them know about the streetscape lights as soon as possible. 

Nielson stated there is a bill from Condurso’s for broken windows, $2,000, which has been around for three years.  Recreation and the MBSA have refused to pay the bill.  I would like to see this resolved.  Maybe Mr. Bastone can sit down with them and come up with a procedure going forward.  Bastone stated he will contact the Condurso’s.

Tim Braden, 12 Green Meadows Road, Montville, stated he has seen the bills from Condurso’s.  Yes, MBSA is responsible for some of the damage, but some is done by vandals.  Some of the bills are for slipped glass.  Are we responsible for the upkeep of all the glass?  I don’t believe we are.  I guess we are responsible for when we do damage it.  I propose we get a group together of MBSA, Recreation, the Township, and Mr. Condurso to get a policy together. 

Art Daughtry and Tim Braden will reach out to Condurso’s in the next two weeks.

Nielson stated they received correspondence regarding the sewer discussion on income qualification – that we cannot change it locally.  Do we need to write our legislators?  Contact the legislators regarding income qualification – sewer charges.  Motion:  Nielson.  Second:  Moscone.  All in favor.  Motion approved.

Committeeman Moscone – no report.

Committeeman Sandham asked about the status of the First Aid Squad.  Murphy replied they contacted Mr. Casha, their attorney.  We have been looking for other ordinances regarding charging a fee for First Aid calls to certain facilities.  Parsippany dealt with it in a different way.  They put it in site plan approvals. 

Daughtry stated at the last Board of Director’s meeting of the First Aid Squad, they agreed to let the lease issue go.  The current lease is there.  Murphy stated yes, we may have to get in writing from them a release about the reversion.  Daughtry stated he will ask the Board of Director’s at their next meeting.

Chairman Daughtry stated Marv Kaufman contacted him about Hatfield Creek.  I explained to him that the flooding was because the Rockaway River backed up into the creek. 

Daughtry requested that Frank Bastone and Tony Barile state the official position as to why the creek backed up.

Bastone stated it will be in the letter we send to the Hatfield Creek residents.  The intent of the letter is to get the word out to the residents that the project is not happening in 2007, why, and that we do intend to do it. 

Moscone stated also, we need to put in the letter that we are going to continue with ongoing maintenance – remove accumulated debris, trees, etc.

Daughtry stated the public needs to know when you have this kind of storm, no matter what you do to Hatfield Creek, it is still going to flood.

Sandham stated I think there are other concerns we are not addressing.

Barile stated we have a project pending to stabilize a bank by Brittany Road as soon as we get the permits from DEP.  We are waiting for them.  The project is fully funded.  Township Committee requested that be put in the letter also.

Daughtry asked about the status of the 87 Konner Avenue macadam sidewalk issue.  Bastone stated the DPW did not have the complaint.  Now it is the issue of the curb.  We have a number of curbs that need to be replaced in town.  I have asked Mr. Barile to come up with a unit price for curbing.  I am trying to get an ongoing curbing program going.  Maybe that can be incorporated into the paving program. 

Mazzaccaro stated curbing is about $20 per foot.  I am working on a list of curbing that has deteriorated. 

Daughtry stated if 87 Konner Avenue is on that list, we can let this resident know it is on the radar screen.

Daughtry stated he has made a commitment to sit down with Jean Bader to go over the Board of Education issue.  Jim Sandham will give me an amortization schedule at 4%, 4 ½ %, and 5%. 

Bader stated she would also like to know if the BOE gets the same rate as us. 

Daughtry asked about the status of the forestry project.  Bastone stated the Township made a plan four years ago, and they did not accept it.  A new one was never submitted.  My concern is if it is only a $2,000 grant, and we have to spend $10,000, it is not worth it.  If someone can’t show me financial incentives for the town to go after the grants, I am not going to recommend it.

Meeting adjourned at 11:20 p.m.  Motion:  Moscone.  Second:  Bader.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk