Montville Township Committee Regular Meeting

Tuesday, August 14, 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-081407A PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12 – Property Acquisition; Litigation – Tax Appeal Urmston Realty; Bonnieview; Contract negotiations – Condominium Associations; MBSA; Personnel.

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

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

Prayer and Pledge of Allegiance led by Committeewoman Nielson.

Chairman Daughtry announced that he and Deb Nielson were honored by the Morris County Freeholders for being chosen Money Magazine’s No. 13 in the nation.  The Freeholders gave them a framed resolution for the Township.  Daughtry stated the Freeholders are going to have their regular meeting here on September 26 if anyone would like to attend and ask questions.  It is a great opportunity for Montville Township.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

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:

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

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:

Chairman Daughtry opened the public hearing.

Steve Schepis, Esq., spoke regarding the recycling center as a prohibited use.  What is the definition of a recycling center?  Dan Como & Sons – would that be prohibited now? 

Frank Bastone, Township Administrator, stated the definition of a recycling center is probably under the Morris County Recycling Master Plan. 

Martin Murphy, Township Attorney, stated or it is defined by the State.

Schepis stated he is inquiring if the Township Committee is intending to prohibit the recycling of grasses, leaves, branches, etc., and that type of use.

Committeewoman Nielson stated these discussions have been going on for five years.  She does not recall the discussion at the Planning Board and Environmental Commission.  She does not want to delay the adoption of the ordinance.  They can research the intent and/or redefine the definition of a recycling center.

Nielson stated they will direct a memo to the Planning Board for their comments and recommendation.

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

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

NO. 3 – ORDINANCE NO. 2007-35 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:

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

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

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Carolyn Klabin, 6 Robin Court, Montville, and 136 Changebridge Road, Montville, requested that her words be put in the minutes verbatim:

As residents living in Montville for 26 years, we’ve been paying taxes on two homes that we own in Montville.  We are invested in this community.  I’ve raised my children here and have watched them grow up and thrive into adulthood.  I’ve served my elderly parents and watched them participate in the numerous programs and activities that Montville has to offer.

I never dreamed that I’d experience my tax dollars in action, that would give us, the forgotten Sandwich Generation, programs that we, too, could participate in and enjoy for one hour a week, or even more.  Enriching programs that address our needs, and allow us to participate and make new friends within our community.  The facilities in the Pio Costa Auditorium at the Montville Public Library are ideal for these programs.  The enormous room we use is vacant most of the day, and often requires no lights to be turned on because the giant windows make our room very bright.

So, we are gathered here tonight-united in one purpose, to reinstate Lorenza Vidris, who’s presented these popular programs that our community has been enthusiastic about since the first program started in January 1007.  Lorenza was inspired by an NJN TV fundraiser which showcased belly dancing as a vehicle for empowering women.

Lorenza’s vision initiated a six –week program in January and it proved so popular that she also initiated another six-week program of Tai Chi. These programs were so exciting because we also made new friends at what has now become ‘our library’, our meeting place; and we were hooked.

So we started urging Lorenza to keep these programs ongoing at the library.  We wanted more.  She told us that she didn’t think the library board would agree.  We kept nagging her that this was the perfect place to gather for these programs!  Then, in response to the community’s urging, Lorenza decided to offer an introductory yoga class.  This was very successful, too.  Even though the yoga instructor left after six weeks, yoga has continued to thrive and run itself with Montville residents facilitating the class, on a volunteer basis, with even more people attending each week.

When I learned that the library board wanted to discontinue these programs, I addressed them, along with some other classmates, even presenting signed petitions showing their popularity.  The library board of trustees has never screened even one of these programs, so they really don’t understand.  Lorenza Vidris understands what our forgotten Sandwich Generation needs, and the rest of our community as well.

When learning that all of our classes might be in jeopardy, we rallied, with poster boards presented to Lorenza, thanking her for these life-changing programs which have included residents with canes, plus mothers belly dancing holding their babies, or moms with their children in tow. These programs have changed all of our lives.  Ask us, the ignored and forgotten residents of Montville.  While hopeful that these programs were ongoing, we were shocked to learn on one day’s notice, that an impromptu library board meeting was scheduled to propose eliminating Lorenza Vidris’ position and to create a new position of librarian. (Please note that within Lorenza’s first two years at our library, adult program attendance grew 600%, while the library cost per person for these adult programs was lowered by 1/3 of what they were prior to her employment there.  And the library has continued to thrive.)  So the library board eliminated Lorenza’s position as our Programs Director, along with her other job titles at the library. So what does this say to us who live here in Montville, who are enthusiastically attending these programs with new participants joining every week?  Money Magazine recently ranked our town of Montville as the 13^th Best Place to Live in the U.S. We who are assembled here tonight are one of the reasons why, Township Committee.

We are here tonight because we want to maintain the gains we’ve achieved in these seven months of participation.  Lorenza gets us, the Montville Township residents and taxpayers.  Remember, too, that our tai chi class, to date, includes three sets of husbands and wives.  So this loss affects us all.  Our affluent and educated town must continue these programs that we also pay a fee for.  There is a need, Township Committee.  This is not about the money, because the other library employees all received raises the night Lorenza was fired, and the new hire will be offered over $5,000 plus what Lorenza was receiving for her 24/7 work, work for which her job performance was reviewed as excellent.

So here we are, Township Committee, you who are entrusted by your oath of office to protect the welfare of us, your voters. Please do the honorable thing and give Lorenza Vidris, a hardworking 55 year old woman, her job back into her rightful place in our community’s library, so that our Sandwich Generation, and other fellow classmates, of all ages, will see that you hear us, you respect us, and that you are on the side of what our 13^th best place community needs.

Thank you for your time.

Anand S. Dhody, 3 Hancock Court, Montville, read statement into the record:

This is regarding the abolishment of Lorenza Vidris’ job at the Montville Township Public Library.  I have written two letters to the Library Director and Board of Trustees requesting the reinstatement of Ms. Vidris.  Now I respectfully stand before you, the Township Committee, which is the appointing body for the Board of Trustees.

Over the past few years, I have enjoyed the activities, seminars, lectures, and lively discussions held there by Lorenza Vidris, who is also publisher of the library newsletter, the BUZZ, and who does a tremendous job promoting our wonderful library.

As a senior member of the Montville Community, I submit that retired persons like me are gaining greatly in knowledge and culture with these programs.

Regarding the “Looking Back Coffee Hour” sessions that Ms. Vidris held and moderated for patrons to discuss historical news topics of the past, she was very encouraging of everyone, young and old, to participate in these sessions. I was the greatest beneficiary, as this wealth of knowledge was unfolded to me, and it helped me to gradually learn about American history.  I am grateful to Ms. Vidris for her quality of tolerance in overcoming my language problem, and encouraging me to discuss the issues.

Ms. Vidris encouraged me to present my opinion on a Constitutional amendment, and further encourages me to exercise my democratic right.  Gradually, I took the initiative to make an appeal to the Speaker of the House in Washington DC for an amendment to the Constitution to abolish discrimination against those who are not a natural born Citizen of the United States, but who are a naturalized citizen, to be eligible to the Office of the President.  On 23^rd June, 2007, when Honorable Congressman Rodney Frelinghuysen was in Montville to attend the Town Hall Meeting, I was able to personally hand him a copy of my opinion.  I would not have had the courage unless Ms. Vidris had offered her support and help.  I owe all this spirit of taking initiative to my initial contact with Ms. Vidris, who was a very compassionate and positive person. I am hopeful that one day this amendment shall be made to benefit millions of citizens. 

Further, I respectfully ask how the abolishment of the post held by Ms. Vidris will help in “library reorganization and improvement.”  She is a devoutly attached to her position, and everyone who visits the library for reading or attending programs appreciates her kind and welcoming approach to everything she does.  She takes it upon her own initiative to beautify the library by looking after each flowerpot in a spic and span position. 

Also, Ms. Vidris is an exemplary employee.  Never once has a patron complained about her work.  On the contrary, the patrons I meet at the library are overwhelmingly appreciate of the way she has transformed the library into a cultural center in the four years she has been working there.  She has taken her original position of Administrative Clerk and expanded it, by her own initiative, far and beyond expectations.  Such employees as Ms. Vidris should be greatly valued, as no monetary value can be placed on such service.  Her accomplishments alone have proven their worth. 

As a continued benefit to the township, and since the residents of Montville have pleaded, and are pleading even now, for reinstatement of Lorenza Vidris, can a lesser action be taken short of abolishing Ms. Vidris’ position?  As guardians of the community, can the Township Committee and its appointed Board of Trustees reconsider this issue?

Many library patrons have recently brought to notice the worthiness of keeping Lorenza Vidris on the library staff.  Her caring to help others and treating everyone who called upon her, as a pilgrim to the shrine of learning in the library, can only be felt and not expressed in words.  In the matter of integrity and responsibility, she has not lacked either.

I respectfully request that the Township Committee urge the Board of Trustees, whom you have appointed, to reinstate Lorenza Vidris to her position at the library.

Tom Norton, Pine Brook, requested that his statement be put into the minutes verbatim.  He stated he is the husband of Lorenza Vidris:

I am the husband of Lorenza Vidris.  Lorenza has worked at the Montville Library for four years, and I would like everyone to know that her position was suddenly eliminated as of August 23^rd with no justification provided.  You might say to me that you are the Township and they are the Library, and that is their prerogative.  However, I still have not received an answer to my questions from over a month ago when I asked the library board to show how this would ever serve the cause of efficiency.  This is why I am respectfully addressing you tonight.  You are the people who appoint the library board.

For years, the library auditorium stood empty and lifeless.  Now, these rooms are booked solid with programs that no one bothered with before – teen programs, adult programs, programs for special needs kids.  Lorenza is also serving the “sandwich generation” – those too young for Senior Services and too old for the Recreation Department.  She creatively filled a huge void and understands what people want.  After her first two years, Lorenza increased the program attendance by almost 600% and did it with only 1/3 the money the previous person spent.  This is called due diligence. If she worked for GM or Microsoft, she would be getting a promotion, not a pink slip.

Lorenza took a job that no one else would even apply for. Why would no one else in the library apply for a job that paid double what some of them were making?

Lorenza earns $21 an hour.  Her adult program budget is only $9,000, cut down from $13,500 in 2005, yet look what she accomplishes with it.  For those who don’t know, here are just some of the things she does:

a.         She is the Administrative Assistant to the Library Director

b.         She manages the adult programs & teen programs – actually she offered to take on teen

            programs because the children’s librarian wasn’t doing them.

c.         She creates the beautiful library newsletter

d.         She is the library buildings and grounds facilities manager

e.         She designed the online library survey

f.          She does all the library promotion including all the Photostop graphics and press releases

g.         She does the purchasing

h.         As a former computer programmer, she offered to act as the computer HELP DESK

            troubleshooting the hardware and software for the library’s 30 or so computers –

            this in itself saves taxpayers a bundle

i.          She is the web designer

j.          She manages the art displays

k.         She runs the volunteer program

l.          She does tons of work for the Friends and the Endowment Fund…do I need to continue?

            $21 bucks.                                                                                                                               

The library board takes an oath to protect and advocate for the library – yet I question some of their decisions.  The library board says abolishing Lorenza is (quote) “A new direction for library efficiency” (unquote). They say they now plan to do outreach to seniors, teens, and the business community.  They don’t even realize that Lorenza has, in fact already been doing this outreach for the last two years – if only they would take a moment to see what was going on in their library…if only they cared.  In fact, Lorenza also increased outreach to the “special needs” community – all self-initiated.

How does the board justify getting rid of one of the hardest-working, most successful workers at the library? How does this benefit our community?  She was hired to bring in more people to the library – something she overwhelmingly delivered upon.  Yet did you know that she was told by the library board that (quote) “we don’t want any attention drawn to the library…we don’t want to spotlight the library” (unquote).  So by letting Lorenza go, they are accomplishing what?

Many letters from citizens and library users speak to the way Lorenza has made the library look good…made the library board look good…made you and the Township look good.  I bet all the realtors talk about the wonderful library when they’re selling a house here in Montville.  Lorenza took a low-paying Administrative Clerk position and by her own initiative, created something magical, turning our library into a community cultural center, something the community really enjoys.  In four years, she has received zero complaints, and actually has received many letters of thanks.  Yet this is the one person the library board wants to eliminate.  Please help me to understand how this serves the taxpayers. Don’t we have an obligation to give the people what they want?  Thank goodness someone finally stated the obvious and admitted the programs are a “no brainer.”

You might want to ask the library trustees which one of them has attended or supported the adult programs, one of the library’s most popular deliverables.  I also respectfully ask, how many of you have attended or supported them?

Lorenza hadn’t gotten a review for a year and a half.  She requested a review 11 times and was ignored.  Finally, it was discovered that the library board itself was highly involved in Lorenza’s review.  Isn’t this highly inappropriate?

I have received a stack of letters from people who are very upset with the library board’s decision. Obviously, this is not about her performance or money.

And obviously, she doesn’t do her job for the money.  Lorenza always says that this is her favorite job and she loves the patrons. She always tells me that she is rewarded by all the feedback and thanks from the patrons – that’s what makes it all worthwhile.  This is more than just a job to her – it’s her passion.  She feels that helping people and getting a positive, thankful response is its own reward.  As a police officer, I understand how fulfilling this is.  Judging by the actions of the library board, they have not experienced this rewarding emotion.

Shouldn’t a library trustee ask “How can we make the library better?”  Shouldn’t the library board cut jobs as a last resort, not as a first resort?

And finally, I ask you, as the appointing body, to consider putting some new faces with new ideas on the library board.  The Montville Library has the potential to be a GEM in this state.  We need to stay with the times, the 21^st century, and most importantly, we need to respond to the wishes of our taxpayers.  Do the right thing, and reinstate Lorenza, and reinstate her with the promotion she deserves.

To be perfectly clear, Lorenza & I feel it’s not too late.  I ask you, the Township Committee, to please respond to these concerns.  Respectfully submitted, Tom Norton.

Sue Goldblatt, Montville Pet Parents, stated the first organization to work with the Montville Pet Parents was the Montville Library.  Lorenza wanted to help our animals.  She continues to work with us on our Fall book sale even though she won’t be there to see it through.  We appreciate all of her efforts, and we would like to see her reinstated.

Chairman Daughtry asked for a show of hands from those in attendance to support Lorenza.  29 people raised their hands.  Daughtry stated they will send a statement to the Library Board of Trustees.

Joan, employee of the Library, resident of Parsippany, stated she works with Lorenza at the library.  I have always felt that she was very helpful and professional.  She tried to do the most she could for the library. 

Amy Drasca, Boonton, stated there are three people from Boonton that come for the class.  I used to go to my library.  I am at your library more often.  There are people coming from Montclair, etc., because of Lorenza Vidris.

DISCUSSION ITEMS:

NO. 1 STREETSCAPE LIGHTING:  Bastone stated he has written a letter to JCP&L requesting that they incorporate the streetscape lighting in their program.  I received a response from them today.  Bastone distributed the response from JCP&L dated 8/10/07. 

Anthony Barile, Township Engineer, described the JCP&L manual and distributed pictures of the lighting fixtures. 

Nielson asked if they have an inventory of municipally maintained fixtures.  Barile stated he has been told by the Land Use office that Mr. Omland’s office did an inventory.  With the exception of the Montville Inn, they are all out of the Township’s right-of-way.  There are 18 on Pine Brook Road.  That was our project.  Montville Inn will maintain theirs. 

Nielson stated there are some in the Jewel Estates subdivision.  I would submit that we need to know what our exposure is here.  Do we have a cost of maintenance and replacement?

Daughtry stated there are some things to consider:  I asked for a list of locations where we can review the fixtures – ones that have been in for at least two years.  The Design Review Committee can visit them and report back.  We just need to compare the prices to the nonstandard ones.  We have two fixtures we think are ok.  I think the decision should be made by the Design Review Committee through the Planning Board. 

Committeeman Sandham stated the directive to the Planning Board should be that they have to use JCP&L approved fixtures so there is no cost to the taxpayer.  Township Committee all agreed.

Daughtry stated the ones they would be considering (from the JCP&L manual):  Page 16 – No. 4 – currently in Boonton; and Page 15 – currently in Convent Station.  They have to be looked at – ones that have been up for two years or more.

Nielson stated we are going to review the policy for public right-of-way and private.

NO. 2 – ROUTE 46 FENCE:  Bastone stated there are a couple of public safety issues raised by the Police Department.  Any entity I talked to was not in favor of the fence. 

Sandham stated he was coming back from Home Depot passing Tiffany’s and a car was trying to make a u-turn over the median.  I feel safety is needed more than aesthetics. 

Barile stated he wrote to the Planning Board asking for their guidance on a type of fence.  The response was they did not want a fence.  If they agreed to a type of fence, I would have written back to the DOT asking them how we can get this fence. 

Nielson stated the issue first came up because of pedestrian safety.  It is now because of vehicular safety.

Daughtry stated he and Deb Nielson need to take back to the Planning Board that it is because of vehicular traffic, and we are in favor of doing something.

Nielson stated it may not be the whole length.

Barile stated the police were concerned because they would lose their ability to turn around. 

Poll of Township Committee:  Moscone – no fence; Bader – pass; Nielson, Sandham, and Daughtry – no fence, but perhaps a cable guardrail in strategic locations.

Township Committee agreed they will go back to the Police Chief that there is an issue with vehicular traffic now, not with pedestrian traffic, and see if he can come up with something he can live with.

NO. 3 – ANIMAL SHELTER:  Bastone stated the estimate is $750,000 for the construction at 7 Church Lane.  He has met with the Montville Pet Parents. 

Nielson stated this is ballpark.  I am not sure this is bare-boned at this time.  It is certainly scaled back from what we had.  I don’t know if it can be done in phases.  I am looking for alternatives and suggestions.  We have Adam Brewer now who can look into grants with the MPP.  We have the Morris County Freeholders coming here.  We could possibly look at this as a shared service.  Perhaps a County contribution.  We have interested residents such as Fred Eckhardt.  Perhaps a subcommittee can be formed to get the costs down. 

Committeeman Moscone asked what is the next step?  Do we have a timeline?  We have commitments to MBSA. 

Nielson stated they don’t have elevations, etc. 

Moscone stated I think we need to come up with a number and then we go out and fundraise for the rest. 

Bastone stated this is based on Jim Cutillo’s estimate.  He has done other animal shelters and is familiar with the site.  He clearly understands we are trying to keep costs down. 

Nielson asked if we have talked to the other towns we serve about contributing to this.

Daughtry stated we already service five towns.  I can’t imagine why Montville has to pay for the whole thing.  Our Administrator has already asked the County.  They are not getting involved in this right now.  We have not even approached the other towns yet.  I would like to see the Long-Term Financial Planning Committee, if we pick a number tonight, to see how this affects our budget. 

Sandham stated if we go to the County, what is to say that they will want something bigger, for say ten towns.

Daughtry stated we can bring this to the Freeholders when they are here for their meeting. 

Moscone asked if the funding is not out there, can the shelter stay where it is?  I think the answer is no.

Bastone stated ultimately, MBSA is looking for the Animal Shelter to move. 

A representative of Montville Pet Parents in attendance stated they would submit the grant as a nonprofit.  We need construction costs and a timeframe.  We have a certified grant writer. 

Bastone stated the floor plan has been reviewed by the Health Department for the minimum requirements. 

Daughtry asked if they can provide the information to the MPP.  Bastone stated they have the floor plan.  I asked them not to move forward with any grants until I brought the costs to you.

Township Committee agreed with the floor plan, but they are not committing to any costs at this time.  They agreed to give Mr. Cutillo’s estimate to the MPP.  Also, they will provide it to the LTFPC. 

Nielson stated this is a conceptual floor plan and conceptual costs.  Do we want to authorize the architect to prepare elevation and construction plans?  I don’t know the timeframe.

Bastone stated he can ask him.  Barile stated the elevation would take the most time.  Bastone stated if you want a more accurate number, you have to ask the architect to proceed. 

Township Committee agreed to proceed with the elevation plan. 

Daughtry stated they will approach the Freeholders when they are here in September.  Bastone stated he will also send out a few e-mails.

NO. 4 – OB1A ZONING ORDINANCE:  Bastone stated you have Linda White’s memo stating the Planning Board’s recommendation for an OB1A zone.

Murphy stated he is comfortable this can be done.  This is a much better approach. 

Nielson stated she is satisfied with this.  We have been advised it is not spot zoning. 

INTRODUCTION OF ORDINANCE NO. 2007-40 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO PERMIT ADULT COMMUNITY HOUSING IN A NEW OB-1A ZONE:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 25, 2007, at 8 p.m.  Motion:  Nielson.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

DISCUSSION ITEMS:

NO. 5 – NEW JERSEY TRANSIT PARKING:  Bastone stated we have had very productive, cooperative meetings with New Jersey Transit.  He is expecting a proposal from them on the available parking in the Southeast section - Whitehall Road side parking lot. 

Nielson stated we are looking at development on both sides of the tracks.

Bastone stated expects a daytime and evening parking number for parking from the Planning Board.

Daughtry stated if the Township did parking in at the old swim club property, that would be a factor also.

Nielson stated that agreement will have a revocation clause in it – in case there is ever midtown direct, etc.  Bastone stated there will be a revocation clause in case New Jersey Transit ever needs the spaces back.

NO. 6 – LIBRARY AGREEMENT:  Sandham stated the Library Board accepted the agreement last night.  Bastone stated they have to change item II – it should say September of the third year of the agreement. 

Committeewoman Bader stated she still does not agree with 50/50 capital ordinances with them.  I still want to approve them individually. 

Sandham stated it is only 50/50 if we approve it.  Also, the State statute is that the Township could have to pay 100%.  This is making the library put away some money for their capital fund.

Nielson stated Item B, #4, engineering services.  I would submit that Mr. Barile has a full workload already.  Is Mr. Barile going to be at their beck and call? 

Sandham stated his understanding is it will go through the Township Administrator first.  It is for smaller-type items.  It they are doing a major project, it is not going through our Engineering Department. 

Nielson stated the last item on the second page – it does not define capital projects.  Sandham stated the State defines a capital project.  The library will make their requests for capital projects to us.  50/50 capital funding.

Nielson stated she loves the library, participates in their functions, and would never leave the library in a lurch.  It is a great facility.  However, I have here their operating budget and revenues.  We pay their debt service.  They were able to fund a capital project of over $1 million with their reserves.  If they were able to set aside money over the years for this, why are they not setting aside any monies for obvious capital improvements they are going to need?  I don’t have enough information to vote yes on this particular clause.  If they have the ability to put reserves aside, it is their responsibility. 

Sandham stated you cannot do anything about it because the formulas are driven by State statute.  Capital improvements are the responsibility of the town.  Up until 2003, they put money aside for capital projects.  Since 2003, they put no money aside for capital improvements because they understood that the library was no longer responsible for the capital projects.

Nielson stated they changed their spending because of the State statute.  All of sudden they found out we are responsible for capital projects, and they found a piggy bank.  I don’t buy that – this is our tax dollars, and I am not going to approve this clause.  Their level of spending has gone up.  The rest of it I am fine with.  If they have the ability to put reserves aside, whether they are mandated by law or not, it is the right thing to do for our taxpayers.

Sandham stated there are a number of court cases where the governing bodies tried to exert influence over library boards, and the Township lost. 

Nielson stated I don’t have information to vote on that particular clause at this time.  If you want to pull me aside and give me an education, that’s great.  They were able to mass a kitty of reserves of over $1 million dollars. 

Sandham stated I know the numbers.  If we don’t pass this, they will put zero away.  With this agreement, they will start putting away money for capital improvements – 50/50.

Committeeman Moscone left the meeting at this time.

Sandham stated from a financial prospective, this is the right thing for the Township Committee to do.  I defer to other people’s professional opinions, and I am offended that other members do not respect my opinion and give me that same courtesy.  To me, that is troubling.

Five minute break at this time.

Committeeman Moscone returned to the meeting at this time.

Motion made by Sandham to approve the library agreement as presented.  It has been worked on for at least three months between the Administrator, myself, and the Library Board.  I think it is a step in the right direction.  Second:  Moscone.  Discussion:  Moscone stated of his 12 years of involvement with the committee, this is the first document that we have defining our role and the library’s role.  I think this is outstanding. 

Nielson stated she does not want anyone up here to think she is disrespectful of anyone’s financial opinion.  I saw this on the agenda as a discussion item only.  I did not know this was at the level it is at right now, and I did not talk to the people I wanted to talk to yet.  I am not prepared to vote on that section tonight. 

Daughtry asked Mr. Bastone if there is anything that makes this time of the essence.  Bastone stated he knows that the library has been pressing to get this done – the agreement in total. 

Sandham stated he views this as a step forward.  I suggested to the Library that they put together a 5 or 10-year capital plan so they have an idea what their needs are going forward.  This agreement makes them pay 50% at least.  Over the last several years, they did fund $100,000 to $150,000 in order to finish the HVAC project in the form of professional fees, etc.

Roll call vote on motion:  Moscone, yes; Sandham, yes; Bader, no; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 7 – REZONING REQUEST BLOCK 160, LOT 4, 12 ROUTE 46:  Pine Brook Motel.  Request made by Steven Schepis, Esq., on behalf of Pine Brook Realty Investment, LLC.    Township Committee all in favor to refer this request to the Planning Board for their review and recommendation.

NO. 8 – REZONING REQUEST CHANGEBRIDGE ROAD/KRAMER DRIVE:  Request made by Edward John Trawinski, Esq., on behalf of Mike Lakhiani, d/b/a Sai Baba Realty, LLC.  Township Committee all in favor to refer this request to the Planning Board for their review and recommendation.

Bader sated they had previously requested the Planning Board to look into the zoning of the entire corridor.  I don’t know if they received funding for this. 

Nielson stated the developers who request rezoning will underwrite a portion of the study.  The Planning Board will be asking for money in the 2008 budget for the study.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-36 AUTHORIZING THE ACCEPTANCE OF A DEED OF EASEMENT FROM MICHELLE E. JEGGE – BLOCK 40, LOT 7, JACKSONVILLE ROAD:  Outkitchen.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 28, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-37 ACCEPTING THE CONVEYANCE OF PROPERTY FROM PATRICK R. HOFF – BLOCK 160.02, LOT 10, STILES LANE:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 28, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Sandham.  Discussion:  Bader stated this property is 225 feet from my property.  I spoke with counsel, and I feel I can vote on this.

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

NO. 3 – ORDINANCE NO. 2007-38 TO VACATE ANY PUBLIC INTEREST OVER PROPERTY SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MONTVILLE AS BLOCK 77, LOT 4:

Discussion regarding exactly what is being vacated here.  Are we vacating our road right-of-way, etc?  This is the property the Township is selling.  We received a down payment on it, but we have not closed yet.  Also, questions need to be answered regarding the property next to it – their Board of Adjustment application, impervious coverage, etc.   

Motion to table until the issues are clarified:  Sandham.  Second:  Nielson.  All in favor.  Motion approved.  Ordinance not introduced at this time.

NO. 4 – ORDINANCE NO. 2007-39 AMENDING CHAPTER 10 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “VEHICLES AND TRAFFIC” AND ESTABLISHING THE SPEED LIMIT ALONG RIVER ROAD AT 35 MPH FOR ITS ENTIRE LENGTH:

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 28, 2007, at 8 p.m.  Motion:  Bader.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, no; Bader, yes; Nielson, no; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA 2007-CA15:  Motion:  Moscone.  Second:  Bader.  All in favor.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT – DISABLED VETERAN’S EXEMPTION 2007:  Block 52, Lot 33C057E, refund $1,134.00; cancellation $5,563.13.

CONSENT AGENDA ITEM B – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT 2007:  Block 52, Lot 33C049D, $2,197.46.

CONSENT AGENDA ITEM C – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT – TAX APPEAL 2007:  State Tax Court of NJ.  Block 66, Lot 1.1, $483.53.

CONSENT AGENDA ITEM D – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT – TAX APPEAL 2005 & 2006:  State Tax Court of NJ.  Block 3, Lot 38.9 – 2005 $6,725.60; 2006 $7,849.92.  Total $14,575.52.

CONSENT AGENDA ITEM E – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES TO THE TOWNSHIP OF MONTVILLE GENERAL FUND FROM THE MUNICIPAL COURT:

            WHEREAS, the following check has not been cashed, and the recipient claims no monies due:

            Check #1745, dated 5/24/05, $116.00

            WHEREAS, the Township of Montville has been notified by the bank, Lakeland, that the check was not cashed;

            NOW, THEREFORE, BE IT RESOLVED, that these monies, $116.00, be transferred to the Montville Township General Fund, as of this date.

CONSENT AGENDA ITEM F – 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 G – RESOLUTION ACCEPTING PERFORMANCE BOND – FHN CUISINE, LLC, BLOCK 51, LOTS 43 & 47, ROUTE 202:  Montville Inn.  $10,000.00 cash.  PSPP/F04-05.

CONSENT AGENDA ITEM H – RESOLUTION ACCEPTING SUPPLEMENTARY PERFORMANCE BOND – LINCOLN PARK SAVINGS BANK, 2 JOHN HENRY DRIVE:  Block 137, Lot 4.  Letter of Credit No. LC07-02, $26,000.00.  PMISC07-15.

CONSENT AGENDA ITEM I – RESOLUTION ACCEPTING PERFORMANCE BOND – SHARPE DEVELOPMENT, BLOCK 56, LOT 9, 110 MAIN ROAD:  $28,176.00 cash.  PSPP/FC04-15.

CONSENT AGENDA ITEM J – RESOLUTION ACCEPTING PERFORMANCE BOND – GARDENVIEW OFFICE CORP., BLOCK 178, LOTS 1 & 2:  Bloomfield Avenue/Route 46.  $2,500.00 cash.  PSPP01-06.

CONSENT AGENDA ITEM K – RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY JOINT INSURANCE FUND:  As per agreement.  Term – January 1, 2008 to January 1, 2011.

CONSENT AGENDA ITEM L – RESOLUTION CERTIFYING THE 2006 ANNUAL AUDIT:

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations;” and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con­viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Montville, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

CONSENT AGENDA ITEM M – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO EINSTEIN MOOMJY, INC.:  August 16 to August 19, 2007.  Four one-sided signs and one two-sided sign approved.

CONSENT AGENDA ITEM N – RESOLUTION AUTHORIZING A BLOCK PARTY ON CLIFF ROAD, TOWACO:  September 1, 2007, rain date September 2, 2007.

CONSENT AGENDA ITEM O – RESOLUTION AUTHORIZING A BLOCK PARTY ON CUL-DE-SAC – WINDSOR DRIVE/SYLVAN DRIVE, PINE BROOK:  September 15, 2007, rain date September 16, 2007.

CONSENT AGENDA ITEM P – RESOLUTION AUTHORIZING A BLOCK PARTY ON KRISTEN COURT, TOWACO:  September 15, 2007, rain date September 16, 2007.

CONSENT AGENDA ITEM Q – RESOLUTION ACCEPTING THE RESIGNATION OF GLADYS NEMIROW FROM THE HISTORIC PRESERVATION REVIEW COMMISSION:  With regrets.

CONSENT AGENDA ITEM R – RESOLUTION ACCEPTING THE RESIGNATION OF JOHN HAUGH FROM THE RECREATION COMMISSION:  With regrets.

CONSENT AGENDA ITEM S – RESOLUTION SUPPORTING THE CONTINUED FUNDING OF THE PARIS GRANTS PROGRAM:

WHEREAS, N.J.A.C. 15-3.7 in accordance with P.L. 2003, Chapter 117, Sections 38 and 39, established the New Jersey Public Records Preservation Account for the support of county and municipal government efforts in the management, storage and preservation of public records; and

WHEREAS, P.L., Chapter 117, Sections 38 and 39 has dedicated 40% of all recording fees collected by county clerks and registers deposited in this account for distribution to county and municipal governments to ensure a sound foundation is laid for records management throughout county and municipal government; and

WHEREAS, through unprecedented cooperation between New Jersey's PARIS Grants Program, all of the New Jersey's counties and New Jersey municipalities, a total of 21 counties and 315 municipalities will be eligible to apply for FY 2008 funds for Program Year 2008-2009; and

WHEREAS, this cooperation between New Jersey's PARIS Grants Program, the 21 counties and New Jersey municipalities, has created cost efficiencies in excess of $20,000,000 for county and municipal government; and

WHEREAS, the FY 2008 budget reduced PARIS Grants Funding by an amount of $10,000,000; and

WHEREAS, estimated requests from eligible applicants are greater than $40,000,000 for PARIS projects funded through the FY08 budget; and

WHEREAS, the PARIS Grants Program is an example of a government program instituting permanent positive change for our local governments and our citizens; and

 WHEREAS, under the PARIS program, counties and municipalities have excelled in providing greater transparency of government actions, by making more documents more readily available to more concerned citizens at less cost in a shorter period of time;

NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY, as follows:

• We do urge the Legislature and Governor Corzine to restore full funding for County and Municipal PARIS grants.  

• We do appeal to the Legislature and Governor Corzine to protect this crucial, fundamental, viable program for County and Municipal PARIS grants.

And we do direct the Municipal Clerk to forward a certified copy of this resolution to the following:

Governor Corzine

District Legislators

County Clerk

Nina Mitchell-Wells, Secretary of State, State of New Jersey

Karl Niederer, Director, NJ Division of Archives and records Management

New Jersey League of Municipalities

New Jersey Association of Counties

Constitutional Officers of New Jersey

Municipal Clerks Association of New Jersey

CONSENT AGENDA ITEM T – RESOLUTION IN OPPOSITION TO THE SALE OF STATE ASSETS:

WHEREAS, a great number of residents use New Jersey’s toll roads to commute to work on a daily basis and many businesses rely on these major transportation arteries to receive and deliver goods and services, and

WHEREAS, New Jersey’s high cost of living and even higher property taxes have placed such a financial strain on taxpayers and business owners that the state is fast becoming an unaffordable place for them to live and work, and

WHEREAS, Governor Jon S. Corzine and key legislative leaders are pushing a plan to sell New Jersey assets, starting most likely with the toll revenues generated by the New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway, and

WHEREAS, language was included in the FY 2008 state budget authorizing the Corzine Administration to spend whatever amount of money it deems necessary to prepare for the lease or monetization of state assets, and

WHEREAS, the Corzine Administration has publicly stated that specific details of the asset sale not be disclosed to the public until after the November legislative elections, but it has confirmed the revenue it would produce is needed to balance a projected multi-billion-dollar hole in the FY2009 state budget, and

WHEREAS, the Corzine Administration and key legislative leaders are examining the possibility of creating a new public agency that would sell billions of dollars of bonds to private investors backed by future toll road revenue, and

WHEREAS, administration and legislative officials have confirmed annual toll increases, over several decades, will be necessary to make the bonds attractive to private investors, and

WHEREAS, in the past six years, state debt has more than doubled, from $15 billion to $37 billion, and the asset sale would instantly add billions of dollars to the debt load and intensify the pressure to raise taxes, and

WHEREAS, experience has shown that whenever tolls are increased, more trucks choose to use state and local roadways to save the expensive, and

WHEREAS, increased truck traffic will accelerate the deterioration of state and local roadways, result in more traffic congestion and create a safety hazard to motorists and pedestrians alike, now therefore be it

RESOLVED, that the Township of Montville opposes any plan to sell, lease or monetize state assets, particularly state toll roads and the revenue they produce, because it will make New Jersey more unaffordable for residents and business owners, jeopardize the fiscal integrity of the state, and make our roads less safe.

A certified copy of this resolution shall be sent to Governor Jon S. Corzine, Assembly Speaker Joseph Roberts, Senate President Richard J. Codey, State Minority Leader Leonard Lance, Assembly Minority Leader Alex DeCroce, and all state legislators representing our legislative district.

CONSENT AGENDA ITEM U – PROCLAMATION SEPTEMBER OVARIAN CANCER AWARENESS MONTH:  Sponsored by the Kaleidoscope of Hope Foundation/Morristown Memorial Health Foundation.

Chairman Daughtry stated he would encourage the members of the Township Committee to speak to Mr. Haugh (regarding Consent Agenda Item R).  He is an excellent asset to the town.

RESOLUTIONS:

NO. 1 – RESOLUTION ACCEPTING BID FOR SALE OF SURPLUS EQUIPMENT:

WHEREAS, the Township of Montville, pursuant to N.J.S.A. 40A:11-36 advertised for bids on the sale of surplus equipment; and

WHEREAS, bids were received for the items placed for bid; and

            WHEREAS, the Township's Director of Finance has reviewed the high bid and has found that there is no substantive or procedural deviations and thereby recommends the sale of the surplus property to the highest bidder;

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

The following bid for the sale of surplus equipment is hereby accepted:

B.N. Company                                        One ACDX Rotary Screw Compressor

Hillsborough, NJ                                     Chiller Link Unit (Dunham-Bush)

$412.00                                                   Model #1CDX108BQ

                                                                 Serial #13611501 AOG (Year 2000)

                                                                    and Ventrol Air Handler  

     Model ITFVC30-82/94/02- Serial #1015601

            2.            The appropriate Township officials are hereby authorized to execute such documents as may be necessary to effectuate the transfer of the surplus vehicles and equipment upon payment.

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

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT TO BEYER BROS. CORP. FOR A 2007 CAB/CHASSIS SUITABLE TO MOUNT A DUMP BODY, SNOWPLOW, MATERIAL SPREADER, AND CENTRAL HYDRAULIC SYSTEM AND A #304 3.5 TO 5 CUBIC YARD DUMP BODY WITH AN UNDERBODY TYPE HOIST:

WHEREAS, bids were received on August 2, 2007 for a 2007 Cab/Chassis Suitable to Mount a Dump Body, Snowplow, Material Spreader, and Central Hydraulic System and a #304 3.5 to 5 Cubic Yard Dump Body with an Underbody Type Hoist; and

WHEREAS, bids were received with the lowest responsible bid of $89,350.00 being submitted by Beyer Bros. Corp.; and

WHEREAS, the Finance Officer has recommended an award to Beyer Bros. 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 Beyer Bros. Corp. shall be awarded the contract for a 2007 Cab/Chassis Suitable to Mount a Dump Body, Snowplow, Material Spreader, and Central Hydraulic System and a #304 3.5 to 5 Cubic Yard Dump Body with an Underbody Type Hoist for a contract price of $89,350.00 contingent upon the availability of funds.

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

NO. 3 – RESOLUTION AUTHORIZING THE ABATEMENT OF OVERGROWN GRASS, WEEDS AND SHRUBS AND PROVIDING FOR THE COLLECTION OF COSTS OF ABATEMENT (74 RIVER ROAD):

WHEREAS, the property maintenance enforcement officer has ordered the maintenance and cleanup of property located at 74 River Road (Block 76, Lot 11), Montville, New Jersey, as a result of its overgrown lawn and bushes; and

WHEREAS, the owner of these premises, has failed to comply with said order or appeal the order within the period permitted by law; and

WHEREAS, the Township is authorized to maintain the property and place the cost of same as a lien upon the land; and

WHEREAS, the cost of completing the necessary maintenance has been certified to the Committee as $500.00 for initial cleanup plus $30 per cut.

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 Township officials are hereby authorized to effectuate the cleanup of the premises located at 74 River Road (Block 76, Lot 11), Montville, New Jersey, as a result of its overgrown lawn and bushes; and an amount of $500.00 for initial cleanup plus $30 per cut is hereby certified as the costs of same; and be it further

RESOLVED that the Township Clerk shall present this Resolution to the Tax Collector who shall proceed to collect the foregoing as provided by law.

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

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ECOLSCIENCES, INC.:  Environmental Consultant, preliminary wetland investigations Block 39, Lot 67.01 (4 acres) and Block 40, Lot 7 (3 acres).  Not to exceed $3,200.00.

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

NO. 5 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND UHL, BARON, RANA & ASSOCIATES, INC.:  Hydrogeologist, evaluation of current well efficiencies for the three production wells in the Township.  Not to exceed $6,530.00.

NO. 6 – RESOLUTION APPROVING MINUTES:  Approval of closed session and public session minutes - regular meetings 05/22/07; 06/12/07; 06/26/07; and 0710/07.  Motion:  Bader.  Second:  Moscone.  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:  Moscone.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

REPORTS:

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, reported on the Green Acres properties status as per his written report dated August 14, 2007, submitted to the Township Committee.  Strickland, Price, Palmer – in survey review.  Robbins – will be submitting revised survey work to Green Acres for review and approval.  O’Dowd – funds released.  Still waiting for final title insurance policy.

Daughtry asked if we need to send a follow-up letter to Senator Martin that we still have not received this money.  Murphy suggested sending him a copy of his written update.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported that the sale of the 70 Changebridge Road property is on for September 6.

Vanderhoof reported the Eagle Scout is erecting the gazebo at the Dog Park.  The cost will be $2,500.00.

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported that the County made the modification to the Route 202/River Road intersection. 

Barile reported the paving plan began yesterday.  It should be completed tomorrow or the next day.

Barile reported he wrote to New Jersey Transit requesting they inspect the two trestles in Towaco.  They cursorily inspect them yearly and perform a detailed inspection every five years.  They are structurally sound.  They have no plan in their capital budget for them.  If the town or county wants to do something, they may commit funds.

Barile reported the Viewmont Terrace bids are to be received next week.  Hoping to award a contract at the next meeting.

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the forestry plan.  You have a letter from Mike Kopas regarding establishing a forestry program in the town.  The problem with this is that is causes increases in the budget.  He is looking to establish a program at $10,000 that would increase annually. 

Nielson asked if we are applying for a grant.  Bastone stated you have to have a plan to apply for a grant.  

Nielson stated she had looked into this as an Environmental Commission member.  She thinks it is a good idea and a presentation or another cost proposal would be in order.  There is no money to replace trees.  If we can get a grant, $10,000 is not a problem for me.

Bastone stated his concern is adding $10,000 to the budget, and then the grants are on top of that.  Nielson asked - $5,000 is to do the plan?  Bastone answered yes.  There is the $2,000 grant available, but it is going to cost us $5,000 to save the $2,000.  My concern is the long-term commitment.  One of the things I want to talk to the County about is shared services with the Shade Tree Commission. 

Sandham asked if this is a worthwhile long-term plan.  Township Committee agreed they can revisit this at any time.  Nielson stated they should get proposals from other foresters.  Daughtry stated we will approach the Freeholders on this in September.

Bastone reported that he, Deb Nielson, and Dee Cook met about the Dog Park.  We are going to treat the fees as revenue to the Township, and they can use donations and proceeds from the sale of merchandise for whatever improvements they wish – gazebo, shade, bulletin board, etc.

Sandham stated the Residents with Disabilities Advisory Committee approached the Dog Park Committee about handicap access, and they endorse the concept, but feel the Township should finance it.

Bastone reported they met with Broncos representatives about the expanding the parking at Camp Dawson.  We are working on a revised plan that will be sent to the DEP shortly.

Bastone reported on the high school parking.  I discussed it with the Board of Education to make sure there would not be any issues with allowing their students to park at Community Park.

Bastone reported on the intersection survey.  The Police Department surveyed the intersections and feel they all have the appropriate traffic control.

Daughtry stated he would like them to go back and take another look.  He and Jim Sandham don’t agree with the intersection of Stony Brook Road and Vista Road.

Sandham stated his report did not address the concern he brought up about the intersection of Vista Road and Lake Shore Drive.

Bader stated she thinks the Chief should look at the yield sign at Stiles Lane and Changebridge Road.  People are not yielding there.

Bastone will ask the Chief to address the above issues.

NO. 5 – COMMITTEE REPORTS:

Committeeman Moscone – no report.

Committeeman Sandham stated he is disappointed they did not get grant money for the safe routes to school.

Daughtry stated add this to the list for the Freeholders.  It is a County road – for funding.

Sandham stated he would like a budget status as of August 31 so we know where we stand.

Sandham stated he will probably put forth a motion at next meeting to make September adopt-a-pet month and possibly waive adoption fees.  Montville Pet Parents will promote this on Montville Day. 

Sandham stated there is potential opportunity for shared services with Parsippany for roller rinks.  Look into.

Bastone stated possibly we would build a skate park and Parsippany can use that, and we use their roller rinks.  Township Committee agreed – pursue.

Sandham spoke about the July Daily Record article regarding mayor’s salaries.  Absent Parsippany, Montville has the second highest in the County.  I think it is worthwhile to verify the information and take a look at this. 

Committeewoman Bader stated there was a lengthy discussion on the wood burning furnaces at the Board of Health meeting last night.  One issue is the existing furnaces.  John Wozniak stated if there are any complaints, they will be fined heavily.  I asked them to notify the homeowner out of courtesy.  Their final determination at this time was to have their Attorney look into different regulations.  The other issue their Attorney is going to look into is a temporary moratorium on new installations until there are further regulations. 

Daughtry stated he would a like a copy of what was said about heavy fines.  Bastone will get a copy of the meeting recording to Mr. Daughtry.

Sandham stated according to the Board of Health’s June meeting minutes, there was a motion made and passed to look into an ordinance for a ban.  Statements made at our last meeting were not factual. 

Daughtry stated this needs to play out.  Bader stated they are trying to move forward. 

Bader reported on the Board of Adjustment meeting.  There are two interesting applications:  Dunkin Donuts and Paul Miller.  I encourage you to take a look at them. 

Daughtry stated Paul Miller is looking to put up chain link fences.  That is not what we want.  Daughtry asked Mrs. Bader to take that back to the Board of Adjustment as the Township Committee’s liaison. 

Bader stated she voiced her concerns as a resident about the intersection and that they should notify Lake Hiawatha. 

Committeewoman Nielson asked if we have a formal agreement with the Board of Education about the high school parking at Community Park.  Are the responsibilities defined?  Do we need more police presence, etc?

Bastone stated he spoke to Gary Bowen, Superintendent of Schools, and they are going to take care of issues as they arise.  They are going to take care of the access.  We will both be good neighbors.

Nielson stated she spoke to Frank Warholic, VFW, about a 9/11 service.  He said he would put something together during the day.  Our meeting is that night.  Can we do something also?  Township Clerk will contact Mr. Warholic and work something out.

Chairman Daughtry spoke about Mr. Bastone’s memo on field lighting fees.  We need this message carried back to the Recreation Commission.  We can talk about this at next meeting.

Daughtry stated they received a letter from the Chamber of Commerce requesting award nominations.

Daughtry stated the website update should be done by December 1.

Daughtry stated he wants to see some kind of design for soccer nets by August 22.  Would like them installed by September 1.

Daughtry reported he is meeting with Cablevision on Thursday for negotiations.

Daughtry stated Joe Marripodi has applied for the Recreation Commission position.  Township Committee agreed to hold appointments until the end of the year.

Daughtry stated they received a letter from John Kraft, Esq., Bond Counsel, that he is now with another firm.  We talk about getting proposals for professionals each year.  Do we want to get proposals this year for bond counsel?  Township Committee agreed – yes.

Daughtry stated he received a letter from Ed Lopez, 26 Manchester Way, regarding Hatfield Creek.  It was a nice complaint letter.  I called them and told them Tony Barile will get back to them.

Daughtry stated accidents have increased.  There is an issue going on here, and I would like to know what it is.

Daughtry stated John Rosellini requested permission to use the DPW again for the Jazz Festival.  As long as it stays in their budget, we have always approved it.  There is also the issue of the office staff.  There is envelope stuffing, etc.  What do we want to do?  He is looking for the same support from the people that volunteer to help him.  Moscone stated it occurred on town time last year, because it was put together quickly at the last minute.  He said that would not occur this year.

Daughtry stated so the message I am going to bring back to John is that he has the DPW support and that is it.  Stuffing envelopes has to be on their own time.

Bastone stated John Rosellini called last week requesting this be on the agenda as something had to be approved because letters had to get out.  I have been meeting with the staff to discuss Township sponsored events.  We have been discussing the difference between Township events and Township endorsed events?  Is the Jazz Festival a Township event or a Township endorsed event?  Bastone distributed a draft policy on how to handle these events.  This is very close to the final version.  The Jazz Festival is listed as a Township endorsed event.  Township Committee reviewed the policy.  Township Committee agreed policy could go into effect.

Daughtry stated I am hearing that we will support them with the DPW for the Jazz Festival, and any clerical functions will be outside the town hall.  I will convey this message.  Township Committee agreed.

RESOLUTION NO. 2007-CES-081407B 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 – Contract Negotiations - Condominium Associations.

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

At 11:50 p.m. – Closed Session.

Meeting adjourned at 12:45 a.m.  Motion:  Nielson.  Second:  Sandham.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk