MONTVILLE TOWNSHIP COMMITTEE

MEETING MINUTES—July 10, 2007

Montville Township Committee Regular Meeting

Tuesday, July 10, 2007, 8:00 p.m.

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

8:05 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

                        Chairman Art Daughtry

Also present:            Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-071007 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.

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

At 8:05 p.m. – Closed Session.  At 8:17 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeewoman Bader.

PRESENTATION TO MAYOR ART DAUGHTRY:  Judy Doyle, Director of the New Jersey State League of Municipalities Mayor’s Wellness Campaign, presented Art Daughtry with an engraved silver platter for winning the Mayor’s Healthy Awareness Cook-Off held in Parsippany.  Mayor Daughtry’s recipe won the most nutritious.

BARN THEATRE BENEFIT PERFORMANCE DRAWING:  Benefit performance September 13, 2007, “Over the River and Through the Woods.”  Results of the drawing:  1)  Montville Memorial VFW Post 5481.  2)  Montville Rotary.  3)  Montville Pet Parents.  4)  Knights of Columbus, St. Pius.  5)  Montville Baseball/Softball Association.  6)  Montville Kiwanis.

PUBLIC HEARINGS:

NO. 1 – Public hearing held until later in the meeting.

NO. 2 – 2007 MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND APPLICATIONS – PORTIONS OF BLOCK 40, LOT 7; AND PORTIONS OF BLOCK 39, LOTS 67.02, 68, 69, AND 70:

Present on behalf of Morris Land Conservancy – Joy Farber, Land Preservation Specialist.  Present on behalf of the Montville Township Open Space Committee – Maritza Byrne, Chairperson; Rich Conklin, Irene Mueller, and Kathy Lindert.

Chairman Daughtry opened the public hearing.

Joy Farber presented a summary of Montville’s two applications to the Morris County Open Space and Farmland Preservation Trust:

Through these applications the Township will leverage the money in it’s own Open Space Trust Fund to attract investment by Morris County as a funding partner.

The first project is the Dellechiaie property.  It is a 6.38 acre parcel located on Route 202.  It connects to a recently acquired open space parcel known as the Appleton property.  This application seeks funding for an acquisition of about 4.4 acres in the northern portion of the parcel.  It will be a fee simple acquisition.  This Appleton connector will enable access to the Appleton property and contribute to the protection of the Towaco Valley Aquifer.

The second project is the Jegge property.  It is an 8.35 acre parcel located on Jacksonville Road.  Due to its unique shape, it also has road frontage on Indian Lane.  The northern portion of the parcel surrounds a lot owned by Montville Township’s MUA, where it’s pumping stations are housed.  The application seeks funding for an acquisition of about three acres in the northern part of this parcel.  It is near Beaver Brook and has soils conducive to aquifer recharge.  The acquisition will help protect Montville’s drinking water supply by avoiding the addition of impervious cover in this important recharge area.

Both of these properties preserve critical natural resources and, in particular, further Montville’s interest in protecting the Towaco Valley Aquifer. 

The applications are due on July 27^th, and this hearing is one of the requirements for submitting the applications to Morris County.  The purpose of the hearing is to discuss and then pass a resolution indicating the Township’s commitment to contributing from it’s own trust fund monies for these projects.  Morris County will review the applications and will likely decide by November.

Chairman Daughtry stated the Township Committee has had the chance to review what you just heard.  It there anyone from the public wishing to ask any questions?

Maritza Byrne, 63 Two Bridges Road, Towaco, stated she is the Chairperson of the Open Space Committee.  We do have members of the Open Space Committee here.  The two parcels meet the mission of the Open Space Committee.  They meet the interests of the citizens of this town.  Both of these properties are important in aquifer recharge.  They are important for controlling development pressure in town; particularly the property that is located near Route 202.  Both of these properties give us access to properties that have already been acquired through open space funds and enable us to connect these properties in a way that is useful for recreational purposes for the citizens of the town.  The Open Space Committee has reviewed these two acquisitions, and we unanimously support having the Township Committee look into securing funds for the purchase of these two properties.

Charles Perry, 10 Herrman Way, Towaco, stated he is the Chairperson of the Environmental Commission.  Based on what I have heard; yes, we agree. 

Committeewoman Neilson stated the Route 202 piece abuts the Appleton property, which is over 150 acres that is currently passive open space.  The other parcel is directly adjacent to the pumping station for our production wells in the heart of the aquifer.  It also feeds into Crooked Brook; I believe, which is something we have long had serious efforts into preserving. 

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

RESOLUTION SUPPORTING THE FILING OF APPLICATIONS FOR THE OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND OF THE COUNTY OF MORRIS

Whereas, the Township Committee of the Township of Montville, has conducted a public hearing on July 10, 2007, to consider the filing of two applications with the Morris County Open Space and Farmland Preservation Trust Fund, to consider seeking funding for the acquisition of:

A partial fee interest in the Dellechiaie Property at Block 39. Lot 67.02, consisting of approximately 4.4 acres along the northern portion of the property; and;

A partial fee interest in the Jegge property at Block 40, Lot 7, consisting of approximately 3 acres along the northern portion of the property; and;

WHEREAS, the Township Committee of the Township of Montville supports the acquisition of these properties for open space and preservation purposes.

NOW therefore, be it resolved by the Township Committee of the Township of Montville, County of Morris, State of New Jersey, that the Township Committee supports the acquisition of both the partial fee interest in the Jegge Property at Block 40, Lot 7 and the partial fee interest in the Dellechiaie Property at Block 39, Lot 67.02, for open space and preservation purposes, and supports the applications to the open space and farmland preservation trust fund of the County of Morris for funding in support of these acquisitions.

BE IT FURTHER RESOLVED that the Dellechiaie Property is the Township’s first priority and the Jegge Property is the Township’s second priority for Morris County Open Space Trust Fund funding in 2007.

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

NO. 3 – ORDINANCE NO. 2007-31 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING THE AMOUNT OF $15,000 BE APPROPRIATED AND DISBURSED FROM THE OPEN SPACE DEDICATED TRUST FUND FOR APPRAISALS ON OPEN SPACE PROPERTIES AND POTENTIAL OPEN SPACE PROPERTIES:

Chairman Daughtry opened the public hearing. 

Motion made by Committeeman Sandham to amend the ordinance and include the words “via resolution” in the last paragraph of the ordinance and in the title.  Second:  Nielson.  All in favor.  Motion approved.

Nielson stated this ordinance does not include wetlands delineations and environmental assessments.  This has been helpful in the past.  Can we include that change?

Martin Murphy, Township Attorney, stated that is a substantial change.  You could adopt this ordinance and then introduce another ordinance. 

Frank Bastone, Township Administrator, recommended adopting this ordinance tonight.  The other change could be put on for discussion at a future meeting.

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

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

NO. 4 – ORDINANCE NO. 2007-32 AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE AND NOT REQUIRED FOR PUBLIC PURPOSES PURSUANT TO NJSA 40A:12-13, ET SEQ.:

Chairman Daughtry opened the public hearing. 

Committeewoman Nielson left the meeting at this time.

Sue Goldblatt, 4 Two Bridges Road, Towaco, asked if this was the Lake Montowac property.  Daughtry answered yes.  The property across the street. 

Hearing no further comments, Chairman Daughtry closed the public hearing.  Motion:  Bader.  Second:  Moscone.  All in favor except Nielson – absent.  Motion approved.

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

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

DISCUSSION ITEMS:

NO. 1 – WOOD BURNING FURNACES:  Bastone reported the Township Committee referred this to the Board of Health and asked them to develop the Nescaum regulations into an ordinance.  Last meeting, it was discussed that the Board of Health was considering a ban on wood burning furnaces. 

Charles Perry, Board of Health Chairperson, stated it is not an outright ban.  It was to ban further sales or installations.  The current furnaces would not be affected at this point.  The reason for the future ban is there are no regulations, federal or state, at this point.  The ban is until we get some sort of guidance from the federal government, state, or county.  The Board of Health is not in the construction business.  There are about 150 or so manufacturers of these wood burning furnaces.  There is a voluntary program with the EPA that the manufacturers can join in on.  For the Board of Health to try to regulate; technically that is not feasible for us.  The current furnaces can be controlled by the nuisance ordinances.  Where to place them is more of a construction or zoning issue.  The position of the board is to wait until we get guidance from the state.  The existing furnaces can be best managed by the nuisance ordinances.

Committeewoman Nielson returned to the meeting at this time.

Daughtry stated what we have experienced here is a complete breakdown in communications.  The word ban was used extensively at the last Township Committee meeting, and there was no understanding of what that meant by us until I read the memo from you.  Daughtry read portions of Mr. Perry’s memo to the Township Committee dated May 30, 2007. 

Murphy stated the basis for the Board of Health to do this is if there is a health issue.  This is not zoning.  How do you decide that existing is ok because you can control it through the nuisance ordinance?

Perry stated we have also asked our attorney to look into this.

Murphy stated you have to be able to substantiate a ban under a health issue. 

Perry stated we could handle smoke, wood, but the construction department has to regulate where it is placed, etc.

Nielson stated they have water and sewer moratoriums, and that is not a ban.  Does this grandfather existing furnaces?  Would that be a compromise?

Murphy stated moratoriums are never encouraged, but they do exist for sewers.  I don’t know here.  I think there has to be a finding by the Board of Health that there is a health risk right now.  The scientific aspects of this have to come from the state.

Perry stated he agrees with Mr. Murphy.  This is new territory for the Board of Health and for the State as well.  If they are a commercial facility, they would fall under the Clean Air Act. 

Sandham stated part of the fervor that was created here is the memo from the Health Officer that stated the Board of Health was taking action to adopt an ordinance to ban the use of these units in Montville Township.  I take that as an outright ban of current ones also.  Is his memo correct?

Bastone stated I believe it was a summary of a discussion and does not adequately address the detail that Mr. Perry is going into.

Sandham asked if the Board of Health enacts a ban, are we subject to lawsuit by someone who either has, or wants to install one?

Murphy stated that would be the Board of Health that would be dealing with this, as they would be adopting the ordinance.  They would have to substantiate the ordinance in the court system.

Sandham to me there doesn’t seem to be enough prima-facie evidence to allow a ban.  Murphy stated the Board of Health has to make a determination that there is a health problem.

Perry stated the Board of Health has just begun to talk about this.  The board discussed it, and I researched it.  There is prima-facie information stating that these are potential health risks.  Is there a health risk in Montville Township?  We don’t know.  We don’t have the information available to us.  This needs a lot more work.  This is a process that I hope will result in some sort of ordinance or moratorium.  We are willing to work with you.

Sandham stated if I remember reading the Board of Health minutes from a previous meeting, there was a motion for a ban put on the table – an outright ban.

Perry stated that motion was not carried.  That motion was brought up by Ms. Lefkowitz who after reading the 92-page Nescaum report and my memo was pretty much acting and stating her view.  She did put the motion up there.  I believe that motion was not carried. 

Daughtry stated he appreciated Mr. Perry attending this evening and being forthright.  We have to do a lot more homework.

Perry stated the memo I wrote was just a preliminary feel about what I feel is the direction the Board should take.  It was based on what I believe was pretty sound scientific information.  There is a ton of information out there.  Many states and towns have banned the devices.

Moscone stated it sounds like the nuisance ordinance will enforce this.  If it is a nuisance, there will be a call, and action will be taken.

Daughtry stated he has no problem with that but he is not trying to lead Mr. Perry or the Board of Health.  Perry stated the nuisance ordinance is the most available solution at this time.  There should be additional work done to study this and come up with a reasonable solution to the problem.  This is uncharted territory to us. 

Bastone asked if the Board of Health passed a motion at any point.

Perry stated we discussed it, Ms. Lefkowitz put up a motion, but I don’t believe it was carried through.  To the best of my knowledge, it was not.  We asked our attorney to look into developing an ordinance, but not to ban.

Sandham stated from his recollection of his reading of the minutes, a motion was made and it was tabled basically pending more information.

Perry stated it is a case of he said/she said.  I don’t have the minutes in front of me.  All I know is, we did not instruct the Health Officer to develop an ordinance to ban these devices.  We were going to look at them and study them; hence, my memo. 

Bastone stated his concern is the definition of a nuisance.  We have dealt with this.  One man’s heat is another man’s nuisance.  I fear that we are going to end up in the same position that we have been in the past.

Daughtry stated it seems to be the opinion of the Board of Health through Mr. Perry that they wish to wait for the regulations to be developed at a higher level.  Perry stated it is best to wait for regulations to come down from the State level. 

Sandham stated our job is to protect the majority as well as the minority.  We have a citizen who installed one of these - who went through hoops with fines, etc.  He came to us for regulations so he could conform.  He came forward and said he wants to comply, and we can’t give him an answer.  To me, that is not a viable answer at this point.  I would say Mr. Perry’s memo is 50% on its way to developing standards. 

Joe Romola, 26 Rockaway Valley Road, Montville, stated he agrees that nothing can be done at this point.  I had the stove burning as clean as possible.  The Health Inspector looked at it.  The DEP looked at it.  They didn’t have a problem with it.  It is a shame; there is only one person complaining about it.  It is just like having a wood burning stove in your home.  I proved to the Morris County Board of Health also that it was burning clean.  I would like to move it to the other side of my property if that will solve the problem. 

Daughtry asked are you saying you are willing to move that furnace to the other side of the property to help that citizen who has a problem with it?  Romola answered yes.

Nielson asked did you have to meet the zoning requirements as an accessory structure – setbacks, etc?  Romola answered yes.

Nielson stated she would ask that Mr. Perry speak to Linda White about regulating setbacks, etc. through zoning as an accessory structure.  If there are no controls through the Board of Health right now, it could be controlled through zoning.

Bastone stated when we originally talked about this, Nescaum had developed model regulations.  We sent it to the Board of Health to hopefully develop them and come up with standards for the Township.  Obviously it is not that simple. 

Township Committee referred this issue back to the Board of Health to investigate.

NO. 2 – STREETSCAPE LIGHTING:  Bastone stated he just wants to make sure that everyone is aware that when the Township requires the installation of streetscape lighting, there are expenses associated with it as far as maintenance, damage, and replacement. 

Anthony Barile, Township Engineer, stated New Jersey Transit pays for their own streetscape lighting.  This is for developments, parking lots, etc.  We are still analyzing the power charges on these.  My recommendation would be that the Township Committee directs the boards to require that these applicants be responsible for maintenance of the streetscape lighting, and when it is required in the rights-of-way – and the power as well.

Nielson stated clearly we have properties that fall into this category right now.  Some of them might be in the right-of-way. 

Barile stated there does not seem to be any developer’s agreements that cover them.

Bastone stated in the future, we have to implement this.  I don’t know if we can implement retroactively. 

Daughtry stated streetscape plans are not unique to Montville Township.  I would propose this be handled at the County level.  They can approach JCP & L.  What lights do other towns use for streetscape lighting?

Barile stated he will see what he can find out from the County – what the County/JCP & L standard is.

NO. 3 – SOCIAL SERVICES DEPARTMENT:  Bastone reported his recommendation is that the table of organization be changed for the Social Services Department as per his memo dated July 10, 2007.  This will eliminate one full-time position’s salary and benefits.  Alison Irvin will be responsible for both Senior Services and Youth Services.  Two part-timers will be hired for the Senior Center to supervise the day-to-day activities, much like what is currently happening at the Youth Center. 

Daughtry stated he likes every aspect of this.  Township Committee all agreed.

NO. 6 – ANIMAL SHELTER:  Bastone referred to the scaled down version of the animal shelter facility for 7 Church Lane.  It is approximately 3,900 s.f. with the dog runs.  The Health Officer is in concurrence with this.  

Nielson stated she is concerned about funding.  We have site costs and asbestos abatement. 

Daughtry stated the next phase is to ask for a cost from the architect.  Nielson stated include the site costs. 

Barile stated we will work with the architect on the site costs.

Sue Goldblatt, Montville Pet Parents, stated we have two certified grant writers who are researching this right now – as soon as we know the architectural costs.  One of the problems is most of the grants are for a no-kill shelter.

Township Committee authorized Mr. Bastone to go to the next level – get costs.

NO. 5 – REVALUATION:  Township Committee referred this subject to the Long-Term Financial Planning Committee – revaluation vs. reassessment.  Moscone requested the LTFPC be given a list of our tax appeals.

PUBLIC HEARINGS:

NO. 1 – CABLEVISION OF MORRIS AND CABLEVISION OF OAKLAND, LLC APPLICATION FOR RENEWAL OF MUNICIPAL CONSENT TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM IN THE TOWNSHIP OF MONTVILLE:

Don Viapree, Director of Government Affairs, Cablevision, present.

Chairman Daughtry opened the public hearing.

Daughtry stated he has been directly and indirectly involved with the cable companies for a number of years.  We are looking for free access for our public buildings.  I would ask that Cablevision provide free public access to our buildings as part of our agreement.  This was in the previous agreement. 

Bastone stated he discussed this with Mr. Shaw of Cablevision.  He has told me that the Township will be eligible for a technology grant through Cablevision.  It could be used to offset those costs. 

Daughtry stated this is internet access for our pump stations, etc.  Length of contract – they are asking for ten years.  If we are going to have a contract for ten years, we should be able to get access.

Nielson stated ten years is a long time in technology time.

Viapree stated some towns have a five or six year evaluation time to make sure certain benchmarks were met. 

Bastone will continue negotiating internet access and length of contract.

Viapree stated Mr. Shaw will certainly convey to the BPU that we are still negotiating.

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

DISCUSSION ITEMS:

NO. 4 – ROUTE 46 FENCE:  Bastone stated a few years ago, the Township Committee instructed the NJDOT to put up a fence on Route 46 to prevent people from crossing the highway.  The DOT has finally contacted the Engineer that they are ready to install the fence.  Chief Cook feels the fence is no longer necessary.  I want the decision to come from the Township Committee.  It was a chain link fence. 

Daughtry asked what is the downside of putting the fence up?  There are none.  I would like to see a memo go to Chief Cook telling him the fence is going up – what are his issues?  Township Committee agreed.

Discussion regarding what kind of fence should go there.  There is a Route 46 corridor beautification in process.  Township Committee authorized Mr. Barile to look into better fences with the State, Planning Board, etc.  Ask the Planning Board for their recommendation and ask Chief Cook if there are any downsides to putting the fence up.

NO. 7 – BICYCLE TOUR – USE OF COMMUNITY PARK:  Bastone reported they have a request from the Bicycle Touring Club of NJ to use Community Park as a rest stop on August 26.  Township Committee – ok as long as they are not conflicting with another event.  Check with Recreation.

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

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007-CA14:  Motion:  Sandham.  Second:  Bader.  All in favor except Moscone and Nielson – 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 AUTHORIZING 2007-2008 LIQUOR LICENSE RENEWAL – 29-41 ROUTE, INC.:

WHEREAS, an application has been by filed by 29-41 Route, Inc. for renewal of 2007-2008; and

WHEREAS, the application has been reviewed by the office of the Township Clerk, Land Use Administrator, Health Officer, and Chief of Police; and

WHEREAS, the licensee has met the requirements for license renewal with the State of New Jersey;  

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 following liquor license is renewed for the year 2007-2008:

1421-32-016-008

29-41 Route, Inc.

c/o 5 Morris Avenue

Montville, NJ 07045

(Inactive)

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING A BLOCK PARTY ON JEAN DRIVE, TOWACO:  August 4, 2007.  Rain date August 5, 2007.

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2008 MUNICIPAL ALLIANCE PROGRAM GRANT APPLICATION TO THE COUNTY OF MORRIS:

WHEREAS, 2008 Governor’s Council on Alcoholism and Drug Abuse funds are available through the County of Morris and

            Whereas, the Drug Awareness-Municipal Alliance Council and the Township Committee wishes to continue to participate in the County’s Municipal Alliance Program,

            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:

                  The appropriate officials are hereby authorized to execute and submit the 2008 Municipal Alliance Program application for $15,927 to fund Project Graduation ($2,000), Project Promotion ($1,000), REACH ($2,000), Performance(s) ($3,000), Red Ribbon Week ($2,927), Parenting Programs ($2,000) and teen center activities ($3,000).  The required cash match of $3,982 will be allocated as follows: $1,500 for Project Graduation, $500 for Performance(s), $500 for Red Ribbon Week and $1,482 for the Teen Center.

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY OF THE TOWNSHIP OF MONTVILLE PURSUANT TO NJSA 40A:11-36:

WHEREAS, the Township Committee of the Township of Montville has determined that the following described item of surplus property of the Township of Montville, County of Morris and State of New Jersey is no longer needed for public use; and

WHEREAS, the Township Committee of the Township of Montville has determined to provide for the sale of such property at public sale pursuant to N.J.S.A.40A11-36.

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. Sealed proposals for the sale of a ACDX Rotary Screw Compressor (NEW) Chiller Link Unit, Dunham-Bush, Model #ACDX108BX (with extras) Serial 136116501A00G

Year 2000  Original Cost  $40,000

                                    And

Ventrol Air Handler Model ITFVC30-82/94-02, Serial #1015601

2. All bidders shall comply with the Notice to Bidders and Terms and Conditions of the sale.

3. All sales are to be made to the highest Bidder for payment in the form of certified check or cash in the amount of the bid accepted, to be paid to the Director of Finance within ten (10) working days of the day of sale at the time of delivery from the Township to the purchaser thereof.  This sale item shall be removed by the purchaser as provided in the Notice to Bidders, and Terns and Conditions of Sale

4. The Township reserves the right to reject any and all bids.

5. All items shall be purchased on an “as is” basis, and the Township makes no warranties, express or implied, as to the item’s description, quality fitness or otherwise.

6. Moneys received from the sale of any such property shall be paid into the General Municipal Treasury.

7. The Director of Finance is authorized to advertise a Notice of Sale in the Daily Record and Star Ledger, said sale being not less than seven (7), nor more than fourteen (14) days after publication of the Notice.

CONSENT AGENDA ITEM F – RESOLUTION IN SUPPORT OF STATE LEGISLATION TO AMEND THE ABBOTT-BURKE FUNDING TO STREAMLINE ADMINISTRATION OF A MORE THOROUGH AND EFFICIENT EDUCATION THROUGHOUT THE STATE OF NEW JERSEY:

WHEREAS, there has been great discussion throughout the Garden State regarding Abbott-Burke funding for deprived school districts within the State of New Jersey; and

WHEREAS, there have been attempts to discuss amendments to the legislation in order to guarantee a quality of education throughout the State of New Jersey; and

WHEREAS, in order to implement fair and equitable distribution of school funding to provide an equal and adequate education and regionally equalized property tax throughout the State, it would be necessary to undertake a comprehensive study of Abbott-Burke funding; and

WHEREAS, while the special needs of Abbott district students are recognized, Non-Abbott districts residents should not be made to substantially supplement the normal, fair and usual property tax burden of Abbott district residents.  Henceforth, the property tax burden of Abbott districts residents should be adjusted to reflect the normal, fair and usual property tax burden within the surrounding region; and

WHEREAS, the New Jersey State Constitution, as well as State statute, calls for a thorough and fair education for all students, while the Abbott ruling is predicated in part upon the assumption that the children in the poorest districts deserve the same expenditure per student as the more fortunate districts; and

WHEREAS, together these funding procedures appear to be inherently discriminatory since the Abbott ruling substantially ignores all Non-Abbott districts where expenditures per student fall below the richest districts; and

WHEREAS, the Abbott ruling appears to be inherently discriminatory in qualifying only urban districts, subsequently ignoring potentially needy rural/suburban districts; and

WHEREAS, finally, the Abbott Program fails to meet the real academic needs of the districts it serves inasmuch as these districts remain on the program indefinitely.

NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, County of Morris and State of New Jersey that it calls upon the New Jersey Legislature to immediately reexamine the Abbott-Burke funding formula to correct its obvious inefficiencies; to develop a system that includes accountability so that Non-Abbott-Burke school districts are not taxed and discriminated against to pay for a failing system.

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

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING CHANGE ORDER AND FINAL PAYMENT TO OWL CONTRACTING FOR THE RIVER ROAD IMPROVEMENT PROJECT AND THE ACCEPTANCE OF A MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

WHEREAS, Owl Contracting is the contractor for the River Road Improvement Project; and

WHEREAS, it has been determined that changes to this Contract are necessary due to a change in the final as-built quantities; and

WHEREAS, Owl Contracting has submitted a Change Order for a reduction of $33,599.11 to the original contract amount; and

WHEREAS, the Township Engineer has recommended the change order, that the River Road Improvement Project be accepted by the Township, and that final payments be made; and

WHEREAS, Owl Contracting 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 following change order is hereby approved:

            Original Contract Price:                                                $309,309.00

                        Extra                                                                                               330.00

                        Supplemental                                                                             1,404.90

                        Change Order #1                                                                   -33,599.11

                        Total Change                                                                                   -31,864.21

Decrease on the Contract:                                                             -10.30%

                        Total of Previous Payments                                                        271,895.89

                        Final Payment Due (Retainage)                                         $  5,548.90

; and be it further

            RESOLVED,that Maintenance Bond No. 2069387M issued by North American Specialty Insurance Company in the amount of $27,744.48 and the Affidavit of Release of Claims and Liens are hereby accepted; and be it further

RESOLVED, that the Township of Montville accepts as final the River Road Improvement Project and releases to Owl Contracting final payment in full.

Motion:  Bader.  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 LINCOLN PARK BOOSTER STATION & WATER CONNECTION PROJECT (2004.26):

WHEREAS, bids were received on June 5, 2007 for the Lincoln Park Booster Station & Water Connection (Contract 2004.26) Project; and

WHEREAS, bids were received with the lowest responsible bid of $303,850.00 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 Lincoln Park Booster Station & Water Connection (Contract 2004.26) Project for a contract price of  $303,850.00 contingent upon the availability of funds.

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

NO. 3 – RESOLUTION AUTHORIZING THE SUBMITTAL OF NJDOT LOCAL AID APPLICATION FOR THE HOOK MOUNTAIN ROAD IMPROVEMENT PROJECT:  From Bloomfield Avenue to 83 Hook Mountain Road.  Priority No. 1.  The total cost estimate is $332,700.  Requesting $180,000 in State funds and anticipates contributing $152,700.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 4 - RESOLUTION AUTHORIZING THE SUBMITTAL OF NJDOT LOCAL AID APPLICATION FOR THE FOREMOST MOUNTAIN ROAD IMPROVEMENT PROJECT:  From Passaic Valley Road to Pine Brook Road.  Priority No. 2.  The total cost estimate is $365,800.  Requesting $190,000 in State funds and anticipates contributing $175,800.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 5 – RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENTS FOR APPRAISALS FOR OPEN SPACE PROPERTIES REGARDING THE MORRIS COUNTY OPEN SPACE GRANT APPLICATIONS – JEGGE PROPERTY AND DELLECHIAIE PROPERTY:  Landmark I Appraisal, LLC – not to exceed $5,700.00; and Robert F. Heffernan & Associates – not to exceed $5,800.00.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 6 – RESOLUTION APPROVAL OF MINUTES REGULAR MEETING APRIL 24, 2007 AND MAY 8, 2007:  Approval of closed session and public session minutes - regular meetings 4/24/07 and 5/8/07.  Motion:  Nielson.  Second:  Bader.  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:  Bader.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 8 – RESOLUTION ACCEPTING PERFORMANCE BOND – LINCOLN PARK SAVINGS BANK, 2 JOHN HENRY DRIVE:  Block 137, Lot 4.  PMISC07-15.  Letter of credit #LC07-01, $22,620.00 issued by Lincoln Park Savings Bank.  Motion:  Moscone.  Second:  Bader.  Roll call vote - Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-33 AMENDING ORDINANCE NO. 2007-19, AN ORDINANCE ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS FOR THE YEAR 2007:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 14, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-34 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING STANDARDS TO PROTECT THE TOWNSHIP’S COMMUNITY PRODUCTION WELLS:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 14, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Nielson.  Discussion:  Moscone stated sections A-D of this ordinance will remain the same.  We need to see what sections A-D are.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 3 – ORDINANCE NO. 2007-35 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND AMENDING THE REQUIREMENTS PERTAINING TO IMPERVIOUS COVERAGE ASSOCIATED WITH BUILDINGS, DRIVEWAYS, AND OTHER SURFACES:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 14, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Bader.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported we have the Broncos comments on the Camp Dawson master plan dated July 5. 

Daughtry stated Mr. Drexl states parking is understated. 

Barile stated our design leaves open the field above the parking lot for overflow parking. 

Township Committee agreed they will put a light on the flagpole.

Nielson suggested that Mr. Barile meet with the Broncos so there is coordination. 

Township Committee agreed after the meeting with the Broncos, the plan can go to the DEP. 

Nielson asked if Mrs. Witty/Recreation Commission has seen this.  Barile stated they received a copy of the master plan.

NO. 2 – ATTORNEY:  Murphy distributed the litigation report for the second quarter.  There is nothing new to report.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported on the bid date for the sale of the 70 Changebridge Road property.  She would like to close by December 31.  Township Committee agreed on September 6 for the bid date.

Vanderhoof reported on Montville Day.  Township Committee all in favor of a dunking tank, and the proceeds from it will go toward Montville Day expenses.

NO. 4 – ENGINEER:  Barile reported they had a surprise inspection from the DEP of their stormwater management files.  They passed with flying colors. 

Barile reported they had their new copier/scanner installed.

NO. 5 – COMMITTEE REPORTS:

Committeeman Moscone – none.

Committeeman Sandham asked if we will need a replacement for Bob Perkins while he is out.  Bastone stated they have a Board of Education technician helping out after hours.

Committeewoman Bader – none.

Committeewoman Nielson thanked the 4^th of July Committee for four wonderful days.  They did a terrific job as usual.  It was a wonderful community event. 

Nielson commented on the trend regarding change orders.  There was only one change order for the soccer turf field, and it was only 1.06%.   That job came in on time.  I want to commend the Engineering Department.  We also had a reduction change order for the Riverside Drive Force Main contract.  I thought that was terrific.  Earlier we discussed another a reduction for Owl Contracting.  That was a great trend.  Thank you very much to everyone.

Chairman Daughtry reported they received a memo from Condurso’s about the cost of replacing glass.  We met with them.  We need to forward this to the MBSA.

Daughtry stated he would like to support the resolution that came in opposing the sale of State toll roads.

Daughtry asked if the Engineer’s report could just contain the active projects.  Barile stated he will restructure the report.

Daughtry reported on 858 Route 202, Towaco.  They actually have some progress.  An ACO was signed and they paid their penalties.  That does not mean it is remediated.  I am not letting go of this.

Daughtry stated we have the census coming in 2010.

Daughtry stated they have a resignation form a Board of Health employee.  We are going to look at this long-term that these functions will probably be County functions.  You have part-timers now that are doing a good job for Montville Township, correct?  Bastone stated we need to rehire a full-timer.   Daughtry stated I am not going to comment one way or the other, I am just going to put that statement out there.

Daughtry stated we have a food inspection summary.  Two years ago I was very hot on the idea of surprise inspections.  I don’t know how many of these inspections are surprise inspections and how many are annual inspections.  Bastone stated we are doing both.  Nielson stated she was also going to ask where we are in our requirement.  Sandham stated there was a better format that was done previously where we saw the surprise inspections.

Meeting adjourned at 10:45 p.m.  Motion:  Neilson.  Second:  Bader.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk