Montville Township Committee Regular Meeting

Tuesday, September 11, 2007, 6:30 p.m.

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

6:30 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

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Absent:            Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-091107 PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:  Litigation – Personnel; Contract Negotiations – Condominium Associations Agreements.

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

At 6:30 p.m. – Closed Session. 

At 7:15 p.m. – 9-11 MEMORIAL SERVICE

At 8:00 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeeman Sandham.

COMMUNITY PARK TURF FIELD SAFETY NETTING:  Chairman Daughtry asked if anyone was present who received a letter regarding the Community Park turf field safety netting.  None present.

PRESENTATION BY THE ENVIRONMENTAL COMMISSION:  Committeewoman Bader stated for the record that she is related to the owner of the business – Urban Renewal Corporation.  Presentation by Michele Caron and David Cotter, members of the Environmental Commission.  Also present are representatives from Urban Renewal Corporation.

Caron stated they would like to have a recycling event on October 20th from 8 a.m. to 3 p.m. at the Municipal Building.  It would be a collection of computers, printers, etc. open to the entire town.  Urban Renewal Corporation sends truck here to collect the items.  The Key Club and a few Kiwanis members have agreed to help with the project.  Residents will be given a receipt of the items they donate for recycling. 

Urban Renewal Corporation is a nonprofit organization based in Newark that provides housing and training for the homeless.  The computers are used to teach basic computer skills to the homeless and to those in third-world countries.

Cotter stated there are security concerns, of course, with computer hard drives that are donated.  The company does a full sweep on that and there is a certificate they issue.  We wanted to start this program this year.  If it is a success, we will try it again next year.

Committeewoman Nielson asked if there is a cost to the town for this.  Caron answered no.  This is a service done by Urban Renewal Corporation.

Township Committee agreed – go forward with program.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

NO. 1 – ORDINANCE NO. 2007-41 AUTHORIZING A LEASE OF REAL PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE TO THE MONTVILLE BASEBALL/SOFTBALL ASSOCIATION (MBSA):

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

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

NO. 2 – ORDINANCE NO. 2007-42 AMENDING ORDINANCE NO. 2007-19 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, FOR THE YEARS 2007 & 2008:

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

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

DISCUSSION ITEMS:

NO. 1 – CONDOMINIUM ASSOCIATIONS AGREEMENTS:  Frank Bastone, Township Administrator, stated we have maintenance agreements with the eight condominium associations in town.  The Kelly Bill was adopted about 17 years ago, which required that municipalities provide certain services to the condos.  The basic services covered by the Kelly Bill were snow removal, street cleaning, street lighting, and solid waste collection.  The premise is that the municipality either provide those services or compensate the association in the amount it would cost the municipality to provide those services to the condos.  In Montville, there are a number of services that are covered by the current contract that go beyond the required services in the Kelly Bill:  maintenance of hydrants, storm sewers, sanitary sewers, roads, traffic signs, curbs, and street light payments.  These contracts expire on 12/31/07, and we have a need to renegotiate successor agreements with the associations.  What we are talking about this evening is the rationale for providing services beyond what is legally required by the Kelly Bill.

Daughtry stated there have been some discussions with the condo representatives and the Administrator prior to this meeting.  There has been some information exchanged.  I would now like to open the meeting up to members of the associations or their representatives.  We are looking for the approach/history from the associations’ standpoint.  We on the dais have already recognized that there is much diversity on these elements that are over and above the Kelly Bill.  There has also been discussion on some of the definitions in the current agreements – what is a road, what is a parking lot? 

Tom Jardime, Attorney, Coalition of Montville Condominium Associations, stated the coalition includes over 3,000 residents.  I am here to speak about the legal requirements that Montville must abide to under the Municipal Services Act (Kelly Bill).  Jardime reviewed the statute, which took effect in 1990.  If the services are not provided as required, these taxpayers would be paying double the taxes.  If agreements are not reached, lawsuits are filed and a great deal of money is spent both by the municipalities and the condos.  We are here tonight to try to prevent that in good faith.  The coalition wants to be sure they are getting all the benefits they are entitled to under the act:  snow removal from roads and streets, lighting, and solid waste, leaf, and recycling collection.  How that reimbursement is calculated can be tricky, and is often an item of dispute.  This coalition is prepared to negotiate with the municipality in good faith but will continue to analyze the reimbursement rates to make sure they are getting a fair deal.  These condos are also entitled to have the municipality maintain, repair, and pave, if necessary, the roads themselves if such roads are the same or similar to those in other neighborhoods of the town.  If the town does not abide by this, they can go to court and force the town to accept the roads as public streets.  The coalition wants to try to reach an agreement with the town with respect to this.  The act also says nothing in the act shall prevent a municipality from providing additional services that primarily serve public purposes to the residents of a qualified private community.  There are many municipalities across this State who do go beyond the basic requirements under the act and provide more services to residents of private communities.  In the coalition’s view, this town has for many years, through prior Township Committees, maintained the roads in these private communities.  They have done so because it was fair to the residents and the law permits them to do that.  The condos have relied on this promise in the past, and they want to continue to rely on it in the future.  The coalition believes the town should continue to maintain the roads because it is the fair thing to do.  There is no reason these residents should be double-taxed.

Rob Signorile, 24 Eugene Drive, President of Longview Condominium Association, stated there are eight town-home communities in Montville Township.  We have a very vital role in the community financially, politically, and socially.  We provide nearly 15% of the total tax revenue for the Township each year.  We only occupy 9.9% of the total roadways in Montville.  We are very dense communities.  A 15% tax contribution in less than 10% of the overall community.  We house 20% of the registered voters of Montville.  25% of all homes in Montville are condominium homes.  In 2005, Montville Township agreed to assume responsibility for the roadways of the associations.  We feel at this point that if the town attempts to go back on this written agreement, our tax dollars will be going to the community which we are deriving no benefit from.  We need the township to give us significant increases in our Kelly bill reimbursements for the services we are not only paying for in our taxes but are paying for privately within our communities.  We also need the Township to take over in the future, and in perpetuity, the maintenance and resurfacing of our roadways because what we have done since the last agreement with the town, which was in 2005, was to remove a great deal of that responsibility from our capital reserve studies.  What we are asking for tonight is that you support us like we support the town with our tax dollars on a yearly basis.

Ed Blickstein, 2 Hixson Court, President of Changebridge @ Montville Association, stated the condo residents feel the Township should ask themselves if these residents are entitled to the same services as other taxpayers, as they pay the same taxes.  If the answer is other than positive, than a reduction in property taxes should be offered because otherwise it would be considered the same as living on an unapproved road with no public service being supplied.

Suresh Raina, Board of Trustees, Longview @ Montville, stated that Longview paid about $4.8 million in taxes last year - 2007.  We got $42,000 in reimbursement.

Daughtry asked for comments from the Township Committee.  For the record, Committeewoman Bader and Committeeman Moscone were on the Township Committee when the last agreement was struck.

Committeewoman Bader stated you are taxpayers.  You are deserving of the same services as other homeowners.  In my recollection of the negotiations previously, we extended the Kelly Bill beyond the requirements to cover your roadways.  I still maintain that position, but we did not say anything about parking areas.  What your roadway is will be determined.

Committeeman Moscone stated my position is the same as it was a few years ago.  I feel a lot better with us maintaining the roads.  It is deserved.  What we do need to do is try to get everything as standardized as we can.  There are a lot of gray areas.  All we are trying to do is get a little more definition and boundaries.  There will be a lot of discussions with Frank.  My position is the same.

Committeeman Sandham stated he has no comments at this time.

Committeewoman Nielson stated she does live in Longview.  I have spent a considerable amount of time reviewing the facts.  I support continuing fully the agreements from 2005 with perhaps slight adjustments to make sure all of the definitions are adhered to and that we are faired and balanced between the associations and with other homeowners. 

Chairman Daughtry stated we have a lot more work to take on.  I don’t really disagree with maintaining roads.  You have heard from other members – what is a road?  That is a delicate point.  Our Administrator has started to sit down with some of your representatives to discuss what is a road and what is a parking area.  We need to get that straight. 

Steve Samitt, Changebridge @ Montville, stated there are other items included with the roads I don’t want you to forget about – fire hydrants, storm sewers, storm drains.

Daughtry stated you are right.  It is not just roads.  Mr. Bastone will be talking to our Water & Sewer Director on that.  Nothing is off the table right now.

Leonard Wallach, 1 Tiffany Court, Longview, asked under the current agreement, are you responsible right now for maintaining the parking areas?  Bastone stated no.  Daughtry stated most of the roads are in good shape.  We have one sentence in the agreement right now that says a road is a thoroughfare.  This definition needs to be worked out. 

Nielson stated she believes right now where guest parking is would be the responsibility of the association. 

Gail Greene, 19 Waterford Drive, Longview, stated there is no reason you can’t have an answer in thirty days.  Daughtry stated the Administrator and three members of the committee are new to this.

Marty Karasick, 4 Eckhardt Circle, Meadows, asked if a cul-de-sac in town, not in a condo association, needed repair, who would be responsible?  Daughtry stated the town.  Those roads are considered private roads.  That is a technicality.  It is just a matter of defining and working with the association membership.  It is on the table.  I am actually looking at it from your perspective.

Karasick stated he believes the Township will do the right thing.  I want to give you the time to do it.

Daughtry asked if they go past the expiration date of the contract, will it extend? 

Martin Murphy, Township Attorney, stated he did not believe so.  There is a termination date.  We need to get this done by that date.  You can agree to extend the current contract if an agreement is not reached by the termination date.

Samitt stated our contract is expiring.  If you are considering approving the roads for us, which we hope you are, we would like to make it an ordinance so it is something permanent.  We don’t want to be here four years from now arguing with another committee about the roads and other elements.

Jim Wiley, Longview, stated we got opinions from three of you as to where you stand.  There is an election coming up.  I want to vote for who is in what position.  If you put this decision off, I can’t make an intelligent vote.  I don’t know who to vote for.  It would be nice to hear where you guys stand.  You need to get a decision done before sixty days.

Jim Weintraub, Lenox Court, Longview, suggested passing an evergreen law tonight stating the existing agreement will stay in effect until you come to another decision.  This will protect us tonight.

Cindy Verrone, 22 Ridge Drive, Changebridge @ Montville, stated our taxes are disproportionately high, and we pay homeowner fees.  I would think that the town would want to maintain the diversity of families and seniors living in our townhouse communities.

Tony Anzevino, 7 Aynsley Court, Longview, stated there is general disagreement as to what services we should be given, yet there seems to be trouble determining what our tax base should be.  I feel like a secondhand citizen.

Sandham stated this is a complex issue to me.  I have just gotten involved with this over the last thirty to sixty days.  I certainly understand the underlying fairness principle.  That has to be driven and applied across the whole community – condo owners as well as homeowners.  We also received the original developer’s agreements within the last week to understand what agreements were made at the time the condominiums were put in town and how does that factor into my decision.  I haven’t formed an opinion one way or the other at the present time.  I need more facts and figures.  We need to look at the economics behind it.  I also need to understand why previous Township Committees made the decisions that they did.  I need this information to make an intelligent decision.

Daughtry stated going forward he would hope the counsel that came forward this evening will submit the information he is looking for on the agreements other towns have.  We will be working through our Administrator.  Your representatives will work with him.  The Administrator will put forth, hopefully, an equitable and fair agreement.

Sandham stated we should make a commitment to come to an agreement before the current one expires.

Bastone stated he will work diligently to do this by December 31^st.  We can also, if we have to, extend the existing contracts for, say, a period of three months just to get this put to bed.

Daughtry stated there was a big discussion on December 30, 2004, about inspecting the roads.  I don’t know how much this plays into the final agreement.  That is something we need to straighten out.  Apparently, some of the developments had inspections and some did not.  That was all something that was supposed to happen during the last agreement.  That is still out there also.

Mona Holzberg, 5 Village Drive, Changebridge @ Montville, stated we are paying a disproportionate amount of taxes for services that we are all entitled to in this town.  There should not be any question as to whether or not we should be getting the same maintenance as anyone else in this town.  If you don’t elect to extend the Kelly Bill rights to us, then just lower the taxes.  It is that simple.

Samitt stated what you are talking about right now is the finite details of this agreement.  That is fine.  What we are asking you to do is determine that yes, you are going to assume our roads, drains, etc., and then if it takes more time to count them out, then so be it.

Nielson stated she agrees with some of the comments she heard here tonight.  I think we owe it to the residents to come up with a timely agreement.  If we work together, we will come up with an equitable solution.  I do concur that we need a permanent solution.  You need to have a financial direction so you can have your reserves properly funded. 

Bastone stated he would anticipate that with the maintenance of roads that they would become part of the annual resurfacing program, and they would be included in the annual prioritization of roads that need to be paved.

JIF:  Daughtry stated he had the pleasure last week of going to the Morris County Joint Insurance Fund’s 20^th Anniversary with Frank Bastone.  Fran Vanderhoof also attended on behalf of the town.  Frank Bastone is one of the founding members of the JIF.  They did make up a plaque for us because we are a charter member.  There is a check on the plaque with Frank’s signature on it for $2,256,135, which is the amount of monies that we have saved over the twenty years we have been with JIF.

NO. 2 – 2008 MUNICIPAL BUDGET:  Bastone stated we have started the budget process with the departments and boards putting together their operating expenses for submission.

Bader stated she would like the Township Committee to direct the Tax Assessor each year to take a look at the farmland assessments.  Frances Vanderhoof, Director of Finance, stated she will make sure he reviews it this year.

NO. 3 – ANIMAL SHELTER:  Bastone stated he provided the Township Committee with the elevation plans.  Daughtry authorized Mr. Bastone to get this to the appropriate group for grant writing purposes.  Daughtry stated he is going to reach out to the Freeholders also as we serve five different towns.

NO. 4 – SALE OF PROPERTY 70 CHANGEBRIDGE ROAD:  Bastone reported they had no bidders for the property.  We did have one realtor show up to observe.  He stated he might be interested if the price was right.   Township Committee agreed – rebid it with a lower suggested minimum bid - $349,000. 

NO. 5 – MONTVILLE PET PARENTS GARAGE SALE 10/20/07:  This is their second annual garage sale.  They are requesting to sell approximately ten table spaces for garage sale items only.  The computer drop-off is also scheduled for that day.  Township Committee approved pet parents request to sell tables.  See if the Environmental Commission would like to change their date for computer recycling or location.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported they have received EIT monies back – we will get a total of $960,000.  There is one other parcel left – Price and Palmer. 

NO. 2 – ATTORNEY:  No report.

NO. 3 – FINANCE:  Montville Day - Vanderhoof stated they received $6,312 in wristband sales.  They made $401.90 on the dunk tank.  Daughtry thanked everyone for a great job. 

NO. 4 – ENGINEER:  None.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the Montville Animal Shelter has a website.  If there are copyright violations on that, who gets sued?  Murphy answered he cannot answer that question unless he sees all of the circumstances.  Bastone stated the site Mr. Lefkowitz is talking about, in my opinion, is operated by the Township.  The Township pays a yearly fee to ASCAP to be allowed to use music. 

Lefkowitz stated the site is not run by the Township, it is run by mymontville.com.  That is a commercial website.

Bastone stated that is not the information he got.  I will have to check into that.  I also think that ultimately this will probably be remedied by the new website.

Lefkowitz stated there is solicitation for donations on the site.  Vanderhoof stated she will check on that.  Lefkowitz stated they are saying the donations are tax deductible.

Bastone stated it is my understanding that this website is being operated by the animal shelter because they don’t have access to our current website.  If there are issues with it, I will address them.

Lefkowitz stated we charge very little for other people to use our animal shelter services.  You are talking about $750,000 for a new animal shelter.  Have we looked into using other towns’ animal shelters?  Bastone stated we did look at the costs and revenues associated with animal control earlier this year.  Nielson stated we have not committed to the $750,000 yet.  Daughtry stated the County is supposedly going to go down the road of regional animal shelters.  Bastone stated we are discussing that with the County. 

Lefkowitz stated he was able to get some information on the Montville Messenger.  Based on the latest issue, the ad revenue was $12,000 and change minus printing, ad commission, publisher, and postage.  That comes to a loss of $8,000.  Bastone stated he provided him with the information.

Lefkowitz asked what next steps are taken on this?  Bastone stated if they have to do a transfer to cover it, they will do that. 

Bastone stated he approached the County College or Morris about printing the Montville Messenger.  They have their own print shop.  Unfortunately, they cannot handle the volume and color of the publication.  Sandham stated he has asked for an analysis of the latest issue so we have an accounting.  This will be on next agenda.

Lefkowitz stated he thinks he can come up with proposed solutions so that it will cost less than $12,000.  If I have the information, I can put together a proposal.

Nielson stated we looked at this last year as a work in progress.  We will continue to look at and come to some sort of solution.

Nancy Rothman, 17 Manchester Way, Pine Brook, spoke regarding the Manchester drainage/Hatfield Creek.  Mr. Bastone and Mr. Barile had asked for a report on the Manchester drainage.  I looked it over.  It seems to me that there is an ability for the creek to take the water that is coming through the pipes.  I don’t think that is true.  Homes on Leeds Avenue had water coming up to the back of their homes.  I feel this is putting a band-aid on it.  I don’t understand why the creek is not being addressed first.  My other concern is if the creek floods and the pipes backup, what is going to happen to us?  We have the easement going between my yard and #19. 

Bastone stated there is an existing easement along the backyards of Manchester.  What the Township is talking about doing is putting a new pipe in the street from the end of that easement down to the creek.  The concern here is that the Township may, in the future, see a need to utilize the easement in order to go up the side yard and into the backyard.  The only plans on the books now are for the pipe in the street.  However, I can’t tell you; no, we are never going to go into the rear yard easement.

Stuart Rothman, 17 Manchester Way, Pine Brook, stated we have been conflicting information as to what the source of the water was.  The initial proposal was to have that water go through the easement drain and then go through the properties to the street.  My point is if the problem is the water in the creek, then something has to be done with that.  This report says the problem seems to be that the water is not from the creek, but from the water coming down through the storm drains.  The street is a town responsibility.  The backyards are not the town’s responsibility.  Taking groundwater from the backyard and putting back onto the street jeopardizes the street.

Bastone stated unfortunately our Township Engineer is not here this evening.  As far as the drainage is concerned, the easement is there to get the water to the street.

N. Rothman stated we have vegetation in our backyard.  Anything we want to do in our yard depends on what you are going to do with that easement. 

Nielson stated we need to get them an answer. 

N. Rothman spoke about the serious water problem and the conflicting information.  S. Rothman stated in April, when Changebridge Road flooded, Manchester did not flood.

Township Committee will get an update from Tony Barile and how will he address the concerns.  Will be on next meeting’s agenda.

Bader stated the river was not always straight.  The developer straightened the river.  The river is trying to go back to its original state which is probably causing some of these problems. 

S. Rothman stated we are just asking the town to not create another problem.  N. Rothman stated I am glad Mr. Barile will be at the next meeting.  We are not on the same page, and I was trying to get some help from you.

Committeeman Moscone left the meeting at this time.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-43 AMENDING CHAPTERS 9 AND 12 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  Animals in the Community Park Playground prohibited; dogs prohibited in certain areas.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 9, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007-CA17:  Motion:  Nielson.  Second:  Bader.  All in favor except Moscone – absent.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVING TAX REFUND 2007:  Block 88, Lot 55, $1,465.26.  Change of assessment.

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE RETURN OF VARIOUS 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 C – RESOLUTION RELEASING BADALAMENTI/FERRANTE (BLOCK 47, LOT 1, 3 ROUTE 202) FROM PERFORMANCE GUARANTEE:  Cash $20,498.00 released.

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND PATRICK HOFF:  Block 160.02, Lot 10, 57 Stiles Lane.  Planning Board Resolution dated 04/24/07.

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE MORRIS COUNTY PARK COMMISSION:

            WHEREAS, the Township of Montville is the owner of the following equipment which The Morris County Park Commission has requested to borrow:

            1)            "The Messinger MFG. Co." 4 horsepower engine with cart;

            2)            "Fairbanks Morse & Co.," 1 ½ horsepower engine;

            3)            "International Harvester Co." upright engine

            WHEREAS, the Morris County Park Commission has offered to execute a loan agreement memorializing the terms of the loan of the equipment for use at the Fosterfields Living Historical Farm.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute a loan agreement with the Morris County Park Commission for the loan of the following equipment:

            1)            "The Messinger MFG. Co." 4 horsepower engine with cart;

            2)            "Fairbanks Morse & Co.," 1 ½ horsepower engine;

            3)            "International Harvester Co." upright engine

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2007 Municipal Budget:  Revenue Title:  NJ Division of Highway Traffic Safety $5,000.00; Appropriation Title:  Over the Limit Under Arrest 2007 $5,000.00.  Local Match-source:  None.

RESOLUTIONS:

NO. 1 - RESOLUTION AUTHORIZING THE AWARD OF CONTRACT TO CENSUS WATER METERS FOR THE AUTOMATIC READER METER SYSTEM BID:

WHEREAS, bids were received for the automatic reader meter system; and

            WHEREAS, two bids were received; and

            WHEREAS, the bid submitted by Census Water Meters was the low bid in the amount of $118.65 per meter if 1,000 meters are purchased, and $118.00 per meter if 1,200 meters are purchased; and

WHEREAS, the Township Finance Officer has recommended an award to Census Water Meters 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 Census Water Meters shall be awarded the contract for the automatic reader meter system in the amount of $118.65 per meter if 1,000 meters are purchased, and $118.00 per meter if 1,200 meters are purchased, contingent upon the availability of funds.

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

NO. 2 – RESOLUTION AUTHORIZING A PERMIT FOR A SEASONAL FARM SALE:

WHEREAS, Conklin Farm, 65 River Road, Montville, New Jersey, has applied for a special permit to have their annual Fall pumpkin picking event to be held from Saturday, September 22, 2007, through Wednesday, October 31, 2007; and

WHEREAS, the Township Committee finds that the farm sale would be unobjectionable provided that the following stipulations be adhered to:

Six signs in locations as per attached and placed in compliance with the Traffic Safety Officer’s and Zoning Officer’s recommendations.  Signs must be removed by November 1, 2007.

Compliance with the Montville Township Health Department’s food licensing regulations.

Compliance with the Montville Fire Prevention Bureau’s Regulations.

            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 a permit to Conklin Farm for a Fall pumpkin picking event to be held from Saturday, September 22, 2007, through Wednesday, October 31, 2007, shall be issued.

Motion:  Sandham.  Second:  Bader.  All in favor except Moscone – absent.  Resolution adopted.

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT WITH VERIZON-NJ:

WHEREAS, the Township is the owner of property upon which it exists an artificial turf soccer field at Community Park on Changebridge Road; and

WHEREAS, The Township desires to have structure to prevent soccer balls from entering Changebridge Road, and has requested that Verizon place three thirty (30) foot telephone poles in a straight line along the inside of an existing split rail fence with spacing at 120 feet for a total span of 240 feet.  The three poles to be set six (6) foot in the ground, connected to each other with 6 m strand and thru bolts and a 1 inch screw anchor on each end with plastic u guards. The Township will be responsible for marking out the location for placement of the poles. The poles will be used to construct a structure with netting supplied by the Township; and

WHEREAS,  Verizon has agreed to place the poles as a donation to the Township of Montville provided that the Township defend and hold them harmless from any liability including liability for any contamination or environmental damage caused by the poles.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute a hold harmless agreement in the form attached hereto with Verizon – NJ  for the placement of three telephone poles at the Community Park.

Motion:  Nielson.  Second:  Bader.  All in favor except Daughtry – abstain and Moscone – absent.  Resolution adopted.

NO. 4 – RESOLUTION APPROVAL OF MINUTES AUGUST 28, 2007:  Approval of closed session and public session minutes - regular meeting 08/28/07.  Motion:  Nielson.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 5 – 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:  Nielson.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

COMMITTEE COMMENTS:

Committeewoman Bader wished everyone a happy and healthy Rosh Hashanah.

Committeewoman Nielson stated she quickly looked over the surveys from Montville Day.  Most of them were positive.  There were a few criticisms.  She will review them and get a synopsis back to the Township Committee.

Committeeman Sandham thanked everyone for Montville Day.  The attendance was good.  There were a couple of concerns expressed about the charge.  There were also people who were happy we were charging.

Chairman Daughtry echoed the comments of Committeeman Sandham regarding Montville Day.

Daughtry stated he received a letter from a student, John Lake, requesting financial sponsorship to attend the National Youth Leadership Forum on National Security in Washington, DC, from October 2 to 7.  He was nominated by his teacher to attend.  I offer this as a group to the Township Committee or on an individual basis.  Bader, Sandham, and Daughtry stated they would contribute $100.

Nielson stated she did not want to comment at this time.  They get lobbied often for support.  We should support according to our ability and our interest.  It has nothing to do with this individual.  I support many groups that don’t come before us here.  I don’t feel we should be put on the spot publicly to support causes.

Committeeman Moscone returned to the meeting at this time.

Daughtry stated going forward he will give each Township Committee member the request letter, and they can decide on their own if they want to lend their support. 

Daughtry stated they received the legal opinion on the Recreation Commission and the lights.  Nielson stated we asked them to discuss this at their next meeting.

Sandham stated I want to understand the legal interpretation of it.  My reading of it is that Recreation can set fees, but we set the budget of the utility. 

Daughtry stated we have to impress on the Recreation Commission that we are really looking for a commitment on this.

Daughtry stated the scenario with the Department Head at the Senior House and the impending resignation – I have received letters.  I need to address their concerns.  We need to be candid and professional about what really took place.  Sandham stated Frank Bastone should address the concerns.  He is the supervisor of the Department Head.  Daughtry – ok.

Daughtry asked about the status of the old radio equipment – Boonton.  Bastone replied he sent it to Boonton and is waiting to hear from them.

Daughtry stated a few years back Pat O’Dowd was serving on the Drug Awareness Council, and she was not reappointed.  I think she would be a good candidate; however, she does not live in town.  Do they have to live in town if they have qualifications that fall into the categories of membership?  Murphy will check.  Daughtry stated he does not even know if she would be interested yet.

Meeting adjourned at 11:02 p.m.  Motion:  Moscone.  Second:  Nielson.  All in favor.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk