MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—June 12, 2007

Montville Township Committee Regular Meeting

Tuesday, June 12, 2007, 7:00 p.m.

Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey

7:05 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 (arrival 7:08 p.m.)

                        Chairman Art Daughtry

Also present:            Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Andrew Wubbenhorst, Township Attorney

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-061207 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 – Pio Costa; Contract Negotiation – language; Personnel.

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

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

Prayer led by Committeeman Sandham.

PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE LED BY CUB SCOUT PACK 66.

MICHELLE SULLIVAN FUND PRESENTATION:  John Haugh, Montville Baseball/Softball Association presented.  The Michelle Fund has been around for 12 years.  This year there were 42 teams, 700 children.  There were 104 softball games played over three days.  There is not a girl’s sport organization in this town that has not benefited from the Sullivan family.

John Haugh presented a check for $5,000 to the Sullivan family, Theresa, Leo, and their grandson Aidan. 

Theresa Sullivan stated it always amazes me how much support we get from the town in memory of my child.  We try to help out as many sports organizations as we can.  It makes it like Michelle is still here.

EVERY DROP COUNTS WATER CONSERVATION EDUCATION PROGRAM AWARDS:  Susan Marinello, Program Director, described the program and the Township’s water conservation program.  She introduced a special guest, Katie Barrett of the Division of Water Allocation from the NJDEP.  She is the water conservation coordinator for the DEP. 

Barrett stated she is pleased to be here tonight to honor the award winners.  New Jersey is the most densely populated State in the country.  In the year 2020, there will be 9.5 million people.  We have serious water supply issues ahead of us.  In 2008, the DEP will be launching a water conservation program.  Montville has already risen to the challenge.  Montville is a leader in the water conservation movement.  Thank you, and we are truly impressed by your efforts. 

Mrs. Marinello presented the awards.  Each recipient received a certificate from Congressman Frelinghuysen; a proclamation from Senator Martin, Assemblymen Joe Pennacchio and Alex DeCroce; and a certificate and gift certificate from the Montville Township Committee.

Grade 4:            3^rd place – Amanda Murolo

                        2^nd place – Eric Brickman

Grade 5:            3^rd place – Shannon Chang

                        2^nd place – Olivia Dickert

Grade 4:            1^st place – Allison Gross

Grade 5:            1^st place – Alison Hingle

The two first place winners read their essays.

Mrs. Marinello introduced and thanked Tom Mazzaccaro, DPW/Water & Sewer Director.  He is the right hand person in the Every Drop Counts program.  She thanked the Township Committee for supporting this program for the last six years.  She also thanked the staff of the Water Department, her assistant, Katie Burnett, and the DEP.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

NO. 1 – 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:

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

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

NO. 2 – ORDINANCE NO. 2007-25 AMENDING THE ZONING MAP OF THE TOWNSHIP OF MONTVILLE AND REZONING A PORTION OF BLOCK 1, LOT 29 TO THE R-120 RESIDENTIAL ZONE:  Pennbrook Court.

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

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

NO. 3 – 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.

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.  Motion:  Nielson.  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. 4 – 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:

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

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

Committeeman Sandham stated that Drug Awareness is sponsoring two outstanding programs – Project Promotion June 19 and Project Graduation June 20.  I would ask the reporters in attendance if they can get some coverage on these programs.

DISCUSSION ITEMS:

NO. 1 – SALE OF PROPERTY –LAKE MONTOWAC/CEDAR ROAD:  Chairman Daughtry stated to clarify – the letter that went to the residents does say this property is in the R27D zone.  It is actually in the R27A zone.

Mildred Blackwell, 5 Jilson Road, Montville, stated Jilson Road is off of Cedar Road.  The purpose of the Township owning the lot goes back years.  There was a home on that lot.  The bushes were an obstruction when turning out of Cedar Road.  Even when Cedar Road was fixed, there still was a vision problem.  In the letter, the owner would have to maintain the visibility.  Are they going to blast there?  How are you going to make sure they are not going to plant trees, etc? 

Anthony Barile, Township Engineer, stated the sight distance is deficient there.  It would be in the deed that the sight distance would have to be obtained according to Township code.  Also, it will be in the deed that the property must conform to the site triangle easements. 

Sandham stated so selling this property will actually improve the sight distance that is there today. 

Committeewoman Nielson asked if blasting is need for a home to be built there.  Barile answered there may be, but the rock I am talking about is in the road right-of-way.  A blasting permit would be required.  There is public water & sewer there.

Sandham asked if the estimate from the Tax Assessor took into account the restrictions placed on the property by Mr. Barile. 

Frances Vanderhoof, Director of Finance, replied she did not believe so.

Committeeman Moscone asked if there is a way these restrictions could be overturned. 

Andrew Wubbenhorst, Township Attorney, answered it will be in the bid description, and it will be deed restricted. 

Lou Morango, 74 Changebridge Road, Montville, asked where the driveway entrance would be.  Barile answered we will restrict that to be on Cedar Road.

Township Committee requested that the Tax Assessor review again taking into account the restrictions.

Blackwell asked why the water fountain in Lake Montowac is on and off.  If you keep it going, it won’t make ice, and the children won’t try to walk on the lake.

Thomas Mazzaccaro, DPW/Water & Sewer Director, stated we do save money in the Winter.  In the freezing weather, it does freeze up.  In the Winter, we only put it on in the morning.  In the Summer, we leave it on all the time.

NO. 2 – CAMP DAWSON MASTER PLAN:  Frank Bastone, Township Administrator, stated we have a display of what Engineering recommends on the site plan. 

Nielson stated she would also like the site plan reviewed by Recreation, lacrosse, and the Broncos. 

Bastone pointed out the new driveway configuration on the plan.

Barile displayed the drawings and stated we were charged with coming up with a master plan for Camp Dawson.  This is our wish list for the site – Tom Mazzaccaro, Frank Bastone, and myself. 

George Drexl, Montville Broncos, was provided with a copy of the plans. 

Daughtry stated these plans address the parking lot and driveway issues.  Exterior lighting for the bathroom – is Kiwanis planning on doing that?

Drexl stated Kiwanis is in.  Mazzaccaro stated we are putting lighting on the barn.

Daughtry stated additional bleachers – that is on the plan.

Barile stated once the plan is agreed upon, we have to send it down to DEP for their blessing.  I believe there is a very good chance they will go along with it.  A perimeter fence is on the plan – a fence around the two fields.  We have to add on the plan access for an ambulance.

Nielson stated she would like to explore alternatives to chain link fencing. 

Drexl stated the Broncos wish to construct press boxes – possibly a joint project with lacrosse, etc.

Bastone stated it should be on the plan.  Give us an idea of the size.  Agreed – 8’ x 10’ on the plan.  They want it attached to the backside of both of the bleachers in the middle.

Daughtry stated ambulance present at games –we are facing a continual shortage of volunteers on the First Aid Squad.  We can certainly ask them if they can be present at games.

Drexl stated any way we can work that out, we really desire to have them there.  It is a comfort to all of us.  Daughtry stated he will relay the message back to the Board of Directors.

Drexl asked if our town can’t be there, can we expedite how we get another town to respond?

Sandham stated Chilton is not that far away.  Maybe we can have their emergency number posted there also. 

Daughtry stated the entrance sign is on the plan.  Drexl stated also, maybe in the future we can name the road for Mapquest purposes. 

Nielson stated also, we will put the street address number on the sign. 

Sandham thanked George Drexl and the group for the work that went into this plan.  I don’t necessarily agree with the priorities, and we do have to get the funding. 

Bastone stated let’s get the map to the DEP for approval.  Daughtry stated by the end of the year, get approval from the DEP.  Next year, put our budget numbers together so we can start to see improvements by the end of that year.

Drexl stated they are very grateful that we are moving forward and that you are for this.

John Jesperson, Broncos, asked if it is going to be a while, is there a temporary measure we can do to ensure safety?  Moscone stated to stripe the parking area.  Jesperson stated that will help.

Nielson asked what is the surface of the parking lot?  Barile responded oil and stone.

Moscone stated this has to get to the Recreation Commission for their priorities.  Nielson stated she would like to see it down to the DEP by September.  She will take it back to Recreation.  Drexl will take it back to the Broncos tomorrow night.  Moscone will take it back to lacrosse.  Information back in two weeks.  Possibly get to DEP in July or August.  Nielson stated by August, hopefully have some alternate, temporary plan for the parking lot.

Township Committee – Tom Mazzaccaro and his department will get together and brainstorm about the parking area.  The three organizations – Recreation, lacrosse, and Broncos, will get back to Tony Barile by July 4^th.

NO. 3 – ANNUAL REPAVING PROGRAM:  Bastone reported there are two components to this.  $200,000 - 2007 capital improvement program for road resurfacing.  Also, the issue of curbs came up. 

Committeewoman Nielson and Committeeman Moscone left the meeting at this time.

Bastone stated we would like to use a portion of the money for curbing certain roads in 2007 and then paving those roads in 2008.  We have Tony Barile’s recommendation on curb repair - $26,580.  The balance would be for contiguous and spot paving.

Bastone stated also, there was e-mail received from Committeeman Sandham about other roads, and I forwarded the roads to Tom and Tony to decide what we want to do.

Barile stated he did look at Old Lane, which Mr. Sandham recommended, and there are some bad areas at the top.  I feel that would fall under the spot paving.  I looked at Waughaw Road, and there are only a few spots by some manholes. 

Sandham stated the issue with that road is the width – it is too narrow.  Barile stated that would have to be a project then.  That does not fall under the road resurfacing program.

Sandham stated on the recommendations, out of 35,000 feet, there are 1,000 that are in Towaco.  I don’t know the criteria used.  There are roads in the Towaco section that have issues. 

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

Township Committee authorized Mr. Barile to proceed with the program.

NO. 4 – NJDOT LOCAL AID APPLICATION:  Barile stated the next funding cycle is coming up.  He is recommending two applications – Hook Mountain Road milling and resurfacing; and Foremost Mountain Road milling and paving.  Township Committee agreed.  Barile will prepare applications.

NO. 5 – ROBBINS/MONTVILLE CENTER PROPERTY EIT DELINEATION:  Bastone reported they met with Peter Borbas and it pretty clear where we need to draw the lines.  We have a proposal from him.  The money is in place.  Township Committee – ok.

NO. 6 – DEP SITE ACCESS AGREEMENT:  Bastone reported they have information from John Wozniak that the DEP would like to insert probes in the area of Prospect Street and Highland Avenue because of the contamination that was there.  Three probes in the asphalt.  Township Committee – ok.

NO. 7 – MONTVILLE LACROSSE BANNER:  Moscone stated the lacrosse President contacted the town for permission for the banner, and they said ok.  It is a Lacrosse Club sponsored camp, but the banner is too big, and it is on Township property.

Bastone stated his concern was that they have a temporary sign ordinance.  We don’t have a standard policy for signs on Township property.  The Planning Board is going to amend the sign ordinance.  I made three recommendations.

Bastone stated the other request is can the existing sign be used this year because there was a misunderstanding.  Township Committee – ok for this year – until a policy is in place.

NO. 8 – ROUTE 202 NORTH SECTION SIGNALIZATION:  Bastone distributed color pictures of the traffic lights that are at the corner of Bloomfield Avenue and Passaic Avenue in West Caldwell.  The County said we would be responsible for any additional costs for streetscape lights.  Barile stated they appear to be a standard traffic signal with black paint.  Township Committee – ok.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:  None.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-28 AMENDING ORDINANCE NO. 2007-19 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP FOR THE YEAR 2007:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 26, 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. 2 – BOND ORDINANCE NO. 2007-29 PROVIDING A SUPPLEMENTAL APPROPRIATION OF $90,000 AND PROVIDING FOR CONSTRUCTION OF A BOOSTER STATION AT THE INTERCONNECTION WITH LINCOLN PARK IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $90,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 26, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007CA12:  Motion:  Nielson.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  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 PERFORMANCE BOND – 12 MAIN ROAD, LCC/MONTVILLE FLORIST – BLOCK 45, LOT 8:

WHEREAS, 12 Main Road, LLC (Montville Florist), the developer of property known as Block 45, Lot 8, is required to submit a Performance Guarantee to the Township of Montville; and

WHEREAS, 12 Main Road, LLC (Montville Florist) has submitted a Performance Guarantee in the form of Bond No. 70291940 issued by Western Surety Company in the amount of $2,500.00; 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 12 Main Road, LLC (Montville Florist) in the form of Bond No. 70291940 issued by Western Surety Company in the amount of $2,500.00 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 PARTIALLY RELEASING ALEXIS ACKER – BLOCK 122, LOT 19, PINE BROOK ROAD – FROM PERFORMANCE GUARANTEE:

WHEREAS, Alexis Acker, the developer of a development known as Block 122, Lot 19 (174 Pine Brook Road) has requested to be partially released from liability under the Performance Guarantee being held by the Township due to the fact that the original Performance Guarantee was posted in an amount in excess of that which was required; and

WHEREAS, Alexis Acker has also requested that the Township also approve of an amendment to the Performance Guarantee which was originally submitted by her husband, John Acker, who is now deceased; and

WHEREAS, the Township Committee has reviewed the request and has determined that the request is reasonable.

            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 Performance Guarantee posted in connection with the Acker Subdivision shall be amended so that the Letter of Credit No. JS64135571 issued by Fleet National Bank, now Bank of America, dated October 1, 2004 in the amount of $34,614.00 may now be reduced to $31,614.20.

2.            The Letter of Credit may now be posted solely in the name of Alexis Acker.

CONSENT AGENDA ITEM D - RESOLUTION RELEASING Woodmont Builders, LLC,  (Glenview Woods, Block 21.01, Lot 42 Old Lane and Waughaw Road) FROM PERFORMANCE GUARANTEE UPON RECEIPT OF ACCEPTABLE MAINTENANCE BOND:

            WHEREAS, Woodmont Builders, LLC, the developer of property known as Glenview Woods, Block 21.01, Lot 42 (Old Lane and Waughaw Road), have pursuant to N.J.S.A. 40:55D-53, the Municipal Land Use Law, notified the Township that certain off track improvements have been completed and have requested to be released from liability under the Performance Guarantee being held by the Township; and

WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements pending removal of a driveway pillar encroachment which was the subject of an action entitled “Woodmont Properties v. Township of Montville, et al.” instituted in the Superior Court of New Jersey, Law Division, Morris County; and

WHEREAS, the Township Committee has reviewed the recommendation of the Township Engineer; and

WHEREAS, Woodmont Builders, LLC must, by law post the required Maintenance Guarantee in order to obtain the release of the performance guarantee

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, as follows:

1.            The Township of Montville releases Woodmont Builders, LLC, the developer of property known as Glenview Woods, Block 21.01, Lot 42 (Old Lane and Waughaw Road), from the following performance guarantee subject to receipt of maintenance guarantee and the clerk is authorized and directed to release the following Performance Guarantee being held by the Township upon receipt of the maintenance guarantee:

a.         Letter of Credit issued by First Union National Bank in the amount of  $92,880.00.

b.         The cash portion of $10,320.00.

            2.            The Township Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the attorney for the developer, the Township Finance Officer, and the Land Use Administrator.

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT WITH ALBRIGHT CAR WASH – BLOCK 3, LOT 3, 11 BLOOMFIELD AVENUE:  As per Planning Board resolution dated March 7, 2007.

CONSENT AGENDA ITEM F – RESOLUTION CHAPTER 159 RESOLUTION – MUNICIPAL COURT ALCOHOL REHAB $789.33:  2007 Municipal Budget:  Revenue title:  Municipal Court Alcohol Rehab $789.33.  Appropriation title:  Municipal Court Alcohol Rehab $789.33.  Local Match - source:  None.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE RENEWAL OF LIQUOR LICENSES 2007-2008:

WHEREAS, applications have been filed by holders of liquor licenses within the Township of Montville seeking renewal for the years 2007 through 2008; and

            WHEREAS, the applications have been reviewed by the office of the Township Clerk, Land Use Administrator/Zoning, Health Officer, Chief of Police; and Fire Districts; and

            WHEREAS, the licenses have met the requirements for license renewal;

            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 liquor licenses are renewed for the years 2007 through 2008:

1421-33-001-005      Don Pepe, Inc.  t/a Don Pepe Steakhouse, 58 Route 46 West, Pine Brook

1421-33-002-008  Jhett, Inc.  t/a Milan Restaurant, 13 Hook Mtn. Road, Pine Brook

1421-32-003-005      OKCF, Inc.  t/a County Line Pub, 100 Bloomfield Avenue, Pine Brook

1421-33-004-002      Don Pepe, Inc.  t/a Don Pepe, 18 Bloomfield Avenue, Pine Brook

1421-44-005-005 H & D Liquor & Wine, Inc.  t/a Montville Wine & Spirits, 263 Changebridge Road, Pine Brook

1421-33-006-001  Lake Valhalla Club, 6 Vista Road, Montville

1421-33-007-005  Orense Spain, Inc. t/a Sevilla Spain, 29 Route 46, Pine Brook

1421-33-008-004      83 Mt. Rail Corp.  t/a Columbia Inn, 29 Route 202, Montville

1421-32-010-004 FHN Cuisine, LLC t/a Montville Inn, 167 Route 202, Montville (inactive)

1421-33-011-007 Bonefish-Jersey/Long Island Limited Partnership, 28 Route 46, Pine Brook

1421-33-012-006  144 Route Enterprises, Inc. t/a Harrigan’s, 142 Main Road, Montville

1421-33-013-003  Poor Hanks, Inc. t/a Poor Henry’s, 8 Main Road, Montville

1421-32-014-007      SCO, Inc. t/a Red Barn Wine Cellar, 446 Route 202, Towaco

1421-33-015-002 Goose’s Restaurant Group, Inc. t/a Tiffany Restaurant, 74 Bloomfield Avenue, Pine Brook

1421-32-017-002      Dat Crupa, Inc. t/a D & D Liquors, 5 Old Bloomfield Avenue, Pine Brook

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

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT TO MSP CONSTRUCTION CORP. FOR THE RIVERSIDE DRIVE FORCE MAIN PROJECT (CONTRACT 2005.11):

WHEREAS, bids were received on June 5, 2007 for the Riverside Drive Force Main (Contract 2005.11) Project; and

WHEREAS, bids were received with the lowest responsible bid of $285,000.00 being submitted by MSP Construction Corp.; and

WHEREAS, the Water and Sewer Consulting Engineer has recommended an award to MSP Construction Corp. contingent upon the availability of funds.

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 MSP Construction Corp. shall be awarded the contract for the Riverside Drive Force Main (Contract 2005.11) Project for a contract price of $285,000.00 contingent upon the availability of funds.

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

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MORRIS LAND CONSERVANCY:

            WHEREAS,there exists the need for open space consulting services to the Township of Montville; and

            WHEREAS,the maximum amount of the contract is $7,500.00; and

            WHEREAS,the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, as follows:

            Section 1.      The Mayor and Clerk are hereby authorized and directed to execute an agreement in the form attached hereto with the Morris Land Conservancy for open space consulting services for the Township of Montville for a total amount not to exceed $7,500.00.

            Section 2.      This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

            Section 3.      A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

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

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND BORBAS SURVEYING & MAPPING, LLC:

WHEREAS, there exists the need for the services of a professional surveyor for survey revisions of Block 138, Lots 12 and 13 (Montville Center Associates, LP), in the Township of Montville; and

WHEREAS, the maximum amount of the contract is $2,500.00; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, as follows:

1.            The Mayor and Clerk are hereby authorized and directed to execute an agreement with Borbas Surveying & Mapping, LLC for the services of a professional surveyor for the survey revisions of Block 138, Lots 12 and 13 (Montville Center Associates, LP), in the Township of Montville, for a total amount not to exceed $2,500.00.

2.            This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

3.            A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

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

NO. 5 - RESOLUTION AUTHORIZING THE EXECUTION OF AN ACCESS AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION:

            WHEREAS, the Department of Environmental Protection, by letter dated May 18, 2007 has requested that the Township of Montville grant permission for the State of New Jersey to use public rights of way to sample ground water as part of an investigation; and     

WHEREAS, The Township and the State need to enter into an Access Agreement to memorialize the Townships permission to utilize the public rights of way.

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 a Site Access Agreement between the State of New Jersey and the Township of Montville in the form attached hereto.

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

NO. 6 – RESOLUTION APPROVAL OF MINUTES REGULAR MEETING MARCH 13, 2007:  Approval of closed session and public session minutes - regular meeting 3/13/07.  Motion:  Moscone.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 7 – 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.  Discussion:  Sandham asked if there is something less costly to give out at the parade than the flags.  Trudy and Frank will look into.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported Atlantic Environmental gave us their survey on the asbestos at 86 River Road and 7 Church Lane as indicated in his Administrator’s report.

Bastone reported on Manchester Park.  I have asked Recreation to look at the park.  One of the suggestions is to move the playground by the parking lot. That is pretty cost prohibitive.  Look into leaving it where it is now and moving it when new equipment is needed.  Also, let the rest of the park go back to a natural state.  I have asked Recreation to discuss that possibility.

Sandham stated he met out there with Mr. Mazzaccaro.  I respectfully disagree about leaving the playground there.  It is in good shape, and it will be a long time before it would get moved.  The only access to it is a narrow path or walking across the whole playground.  I’m not sure $7,000 is not a wise investment in putting the playground in a more accessible place.  I would also send it to the Recreation Commission with the question do we need another field for the town?  Possibly it could be located there.

Nielson stated Recreation has discussed doing a master plan for this park.  The use of the park has changed over the years, but it is used.  I will bring it up again tomorrow night at the Recreation meeting.

Bastone reported they have a recommendation for a height ordinance from the Planning Board.  Nielson stated this streamlines the current ordinance.

INTRODUCTION OF ORDINANCE NO. 2007-30 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND AMENDING BUILDING HEIGHT REQUIREMENTS:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 26, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported they have a recommendation from the Planning Board regarding the OB-1 zone to allow for adult housing.  Nielson stated she is not recommending this for introduction tonight.  She would like it as a discussion item for the next meeting.

Bastone reported the State has come out with new identity theft regulations that impact municipal operations.  We are currently reviewing our systems in order to identify any components that are impacted by the new regulations.

Bastone reported on the Management Specialist position.  I have reviewed the results and will be setting up interviews.  I want to let you know now that the salary we have allocated for that is not going to cut it.

Bastone reported on the Board of Education.  Bond Counsel is researching the 86 River Road bonding.  It has turned out to be more complex than originally thought, and they need to further research and get back to us.  It is their Bond Counsel and our Bond Counsel.  They have collaborated. 

Nielson asked we are not holding up the BOE in any way?  Bastone answered no, we are not.

Township Committee agreed it is time to set up another joint meeting with the BOE.  Mr. Bastone will reach out to them to pick some dates.  It is their meeting this time.

NO. 2 – ATTORNEY:  None.

NO. 3 – FINANCE:  Vanderhoof reported on the Township debt.  She will be adding two small items - $20,000 for the Vreeland Outkitchen and $90,000 for the Lincoln Park Booster Station. 

Mazzaccaro stated they will be reducing the sewer bonding because the Riverside Drive project came in $200,000 less than it was estimated.

NO. 4 – ENGINEER:  Barile reported the River Road guardrail was installed.  MBSA is very pleased with it. 

Barile reported on the Changebridge Road sidewalk project – Safe Routes to School.  He checked with DOT, and they still don’t know when that will be decided.

Barile reported on 18 Pennbrook Road.  A few months ago we had Mrs. Aboyoun here requesting to keep a fence they had installed in the easement.  Upon further research, it was discovered the easement is not ours.  It is to the Deer Lake Club, so it is not our issue.  I will inform Mrs. Aboyoun.

COMMITTEE REPORTS:

Chairman Daughtry reported the Boonton Fire Department contacted him.  Old low-band police radio – they got permission from the County to put it up on the Sheephill tower.  I told them write a letter to our emergency management coordinators to make sure they are not using it.  I see no problem with them taking it.

Daughtry stated the library is still looking for the revisions to the agreement.  Bastone stated he and Jim Sandham met tonight on that. 

Daughtry announced the Congressman Frelinghuysen town hall meeting here Saturday, June 23, from 11 a. m. to 12 noon. 

Daughtry stated he and Jean Bader met regarding the BOE payback, etc.

Daughtry stated he has been asked questions by Melinda Jennis, Pathways, about grants, funding for staffing, etc.  She would like to come to a future meeting to talk about that.

Bastone explained there is a little less than $8,000 for this program.  There is a trust account, etc.  I think we got everything resolved except I think Melinda thought the Township Committee approved a part-time person for $15/hour for 25 hours a month.  That money is not in the budget.  This could have been approved, or not, four or more years ago.  They have been using part-time help and charging it against the grant.  In my mind, this program has been operating through the grant money without a problem.  Melinda feels a need to come to the Township Committee to request that this part-time position be budgeted for the future.

Nielson asked for a memo on that.  Bastone stated he will ask her for that.  Also, she can still come to a meeting.

Daughtry thanked the Sunshine Club for the cards for his illness.

Daughtry stated he had a lot of support for the Mayor’s cook-off.  He thanked everyone who helped.  It was a fabulous event and for a good cause.

Committeewoman Bader – no report.

Committeewoman Nielson asked if Mr. Nosti is coming to the next meeting.  Vanderhoof answered yes.  Nielson stated she sent him a note that he doesn’t have to come, just send us a check.

Nielson stated a citizen told her she was looking for the Senior Director one day and no one was there.  There was no note on the door.  In the future, if we could leave a note on the door.  Bastone stated he will talk to the Senior Director about posting a note and changing her voicemail.

Nielson stated she called 911 from the muni fields and it took 45 minutes for an ambulance to arrive.  The 911 call went to Parsippany.  We do have communication issues. 

Bastone stated he discussed this with Chief Cook, and he indicated that on a 911 call, the dispatcher is supposed to ask where you are. 

Nielson stated GI Auto is appearing before the Planning Board Thursday night.  They are looking for retail.  That is a shift from their original proposal.

Nielson stated the Planning Board is focusing on the Towaco Center section of the master plan.  There is grant money out there.  There are numerous zoning issues before the Township.  We hired a firm to look at all the zoning issues.  I was on the phone with the Planner again today to hopefully get dates.

Committeeman Moscone stated the Broncos want to know if they can sell bricks at Dawson.  Can that be on the plan that goes down to DEP?  That way they will know if that would be allowed by DEP. 

Discussion ensued regarding Camp Dawson field usage, field usage charges, using the lights, etc.  Nielson stated she has inquired about installing a security system for the lights.  She also stated Recreation was charged with coming up with a sinking fund to use for field replacement/maintenance for not only Dawson, but also the turf field at Community Park.  I will ask them again tomorrow night.

Committeeman Sandham stated they received a letter in the mail from Mr. Pio Costa regarding the new liquor license.  Township Clerk will respond to his letter.

Sandham stated he would like a list from the Health Department about which inspections have been done, and if there are any surprise inspections.

Sandham stated he has been discussing the sewer rates with Mr. Mazzaccaro, and we need to discuss and decide how we charge.

Daughtry asked if there is a template from the State.  Bastone answered no, there is not.  This is one of the things I have on my 2008 strategic goals.

Mazzaccaro stated we have been preparing a model.  Bastone stated he is supportive of that.

Daughtry suggested this be an agenda item for the first meeting in September.

Sandham stated First Aid response – could we or should we have coverage from other organizations?

Bastone stated right now, we have a paid EMT on call.  That $25,000 is used solely to compensate the EMT. 

Sandham stated if we used Chilton, we wouldn’t have to pay anything.  They would charge the resident.

Daughtry stated our volunteer squad is committed to serving the community.

Sandham stated I certainly understand the concept of the volunteer organization that that they give 110%, but their membership seems to be dwindling. 

Daughtry stated but they will take you to whatever hospital you want to go to.  Chilton will only take you there.  Sandham stated he did not care if it was Chilton or another hospital that covers for us.

Daughtry stated there are a whole host of issues regarding this.  If we want to have this discussion, we need to have the First Aid Squad members here or go to their Board of Directors meeting.

Sandham stated my priority is to make sure we have adequate response time.

Moscone stated there was talk about having a defibrillator and backboard at the field sites.

Vanderhoof stated maybe the First Aid Squad could hire additional EMT’s with their money.  Daughtry stated they are just about holding their own.  Every other year, they have to buy a new rig, etc.

Daughtry stated he will carry all of this back to the First Aid Squad.

Sandham stated he feels a stop sign is needed at the bottom of Stony Brook Road where it meets Vista Road and also at the intersection of Lake Shore Drive and Vista Road.   

Bastone suggested having the police do a survey regarding stop signs for the whole town and make recommendations.  Township Committee requested the three-way stop on Old Lane/Old Lane Extension be looked into while doing this survey.

Meeting adjourned at 11:25 p.m.  Motion:  Nielson.  Second:  Moscone.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk