Township of Montville

Montville Township Committee Regular Meeting

Tuesday, October 23, 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 James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeewoman Deborah Nielson (arrival 6:33 p.m.)

                        Chairman Art Daughtry

Absent:            Committeeman Steve Moscone

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-102307A 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 – Tax Appeals – Home Depot; Fleet Bank/O’Dowd; and Fleet Bank; Contract Negotiations – Condominium Associations Agreements; and Blue Collar Contract; Property Acquisition.

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

At 6:30 p.m. – Closed Session.  Closed Session adjourned at 7:10 p.m.

JOINT MEETING WITH RECREATION COMMISSION:

Present from Recreation Commission:  Chairman Richard Cieri, Commissioners Anthony Petrillo, Deane Driscoll, Gerry Logan, and Director of Recreation Maryann Witty.  Also present:  Gardens liaison and Montville Baseball/Softball Association liaison.

Prayer and Pledge of Allegiance led by Committeewoman Nielson.

Committeewoman Nielson stated the main, original intent of the meeting is field lighting.

Richard Cieri, Recreation Chairman, stated he hopes they can come to some understanding as to what the sports organizations in town have to pay for.  Based on Mr. Bastone’s memo to the Township Committee, there seems to be a singling out of what certain sports organizations have to pay for field lighting.

Cieri stated the Recreation Commission supports that the MBSA should have their lights paid for by the town.  Mr. Bastone’s memo of August 10 stated that instead of paying MBSA’s lights, every sports organization should come up with their share of the costs.  We are talking roughly $24,000.  I don’t understand how organizations such as soccer, Broncos, and lacrosse that fundraise to death now have to be straddled with an additional cost.  Why are the sports organizations singled out?  We have basketball courts, horseshoes, bocce courts, gardeners, etc.  The sports organizations are already sharing a heavy burden.  All other expenses are being paid for – water for the gardens, electric for the senior house, etc.

Cieri stated there are various controls with regard to the lights.  At Camp Dawson there is one switch for two fields.  Community Park has four switches.  There could be cost efficiencies made there.

Nielson stated she is the liaison to the Recreation Commission this year and was also last year.  This is the result of the Township Committee wanting there to be an equitable distribution of costs.  I have been bringing this up to the Recreation Commission every few months.  Their definition of equitable is different than the Township Committee’s.  We did get Frank Bastone involved.  We did not adopt his recommendation.  We sent it to Recreation for their recommendation.  We are thinking of a user fee – say $5 each soccer season.  This was an attempt for the sports organizations to work together and manage their lighting bills.

Cieri stated you are charging $5 to kids playing on the fields.  There are other people who use other facilities in town.  Why single out the sports organizations?  Nielson stated they are not singling out.  We are trying to be equitable.

Frank Bastone, Township Administrator, stated he and the Recreation Chairman spoke.  It is true that we have been looking at a variety of cost saving measures to save tax dollars.  In general, municipalities are experiencing issues with their budgets where they have decreases in revenue and increased in demand.  One of the items on the agenda tonight is a shared services report.  It looks at a variety of services across the board. 

Cieri stated other towns have a portion of their tax bill allocated across the board to recreation.  All we are asking for as a Recreation Commission is that you make it an across the board equitable solution and not single out certain organizations. 

Chairman Daughtry stated they are just looking for progress.  We have to go somewhere.  Maybe we just charge $2.  I am just appealing to the Recreation Commission to put forth a proposal to us. 

Cieri stated you need to appeal to the people out there who are already paying for equipment, fundraisers, etc.  I am asking you to look into assessing all the organizations in town, not just the sports organizations.

Daughtry stated there are other organizations that use the lights.  Maybe we need to look at that.

Daughtry stated we need to review the numbers again.  I would like to suggest that we reach some kind of compromise for next year even if it minimally has an impact.  MBSA covers their expenses, and I feel in the future soccer will also.  There is ownership there with that turf field as there is with the little league fields.  They think of them as their facilities.  We don’t want to hurt Recreation.

Nielson stated Recreation has been asked for a list of priorities.  I don’t know if they have that tonight.

Cieri stated they have given the list many times.  We set aside money that was supposed to be allocated for a skate park/hockey venue.  That was at least two years ago.  I don’t know where that money is.  The second priority is tennis courts.

Daughtry stated Frank Bastone is looking at several venues that may tie into shared services. 

Cieri stated as far as the gardens, there has been no determination that a skate park would go there. 

Daughtry stated they had a joint meeting with the Board of Education recently.  They want to redo the tennis courts and possibly light them.  We expressed an interest in joining in with them on that.

Committeeman Sandham stated he has not seen a prioritized list of projects and what year you want them done.  I am looking at a five-year capital plan. 

Cieri stated they have done the list.  Your offices have received it.  We will give it to you again. 

Cieri stated the Board of Education does use our fields significantly.  They should be included in any charges, if you do decide to charge. 

Joint meeting with the Recreation Commission adjourned at 7:55 p.m.

REGULAR TOWNSHIP COMMITTEE MEETING PUBLIC SESSION:

Public session began at 8 p.m.

PUBLIC HEARINGS:

NO. 1 – PUBLIC HEARING ON THE ADOPTION OF PREQUALIFICATION REGULATIONS IN CONNECTION WITH BIDS FOR THE ROOF AND INTERIOR RESTORATION OF THE HENRY DOREMUS HOUSE:

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

RESOLUTION ADOPTING PREQUALIFICATION REGULATIONS IN CONNECTION WITH BIDS FOR THE ROOF AND INTERIOR RESTORATION OF THE HENRY DOREMUS HOUSE:

WHEREAS, pursuant to N.J.S.A. 40A:11-25 the Township Committee of the Township of Montville may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded by the Township; and

WHEREAS, the Township is required to establish prequalification regulations for projects financially assisted by the New Jersey Historic Preservation Bond Fund or the Garden State Preservation Trust; and

WHEREAS, the Township seeks such financial assistance in connection with the roof and interior restoration of the Henry Doremus House; and

WHEREAS, there have been promulgated contractor prequalification regulations in connection with the roof and interior restoration of the Henry Doremus House; and

WHEREAS, the Township Committee has conducted a public hearing and has determined that it is in the best interest of the Township of Montville to establish reasonable regulations appropriate for controlling the qualification of perspective bidders in connection with the roof and interior restoration of the Henry Doremus House.

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 prequalification regulations attached hereto are hereby adopted for utilization in connection with the bid for the roof and interior restoration of the Henry Doremus House; and be it further

RESOLVED that the implementation of the contractor prequalification regulations is subject to review and approval of the Director of the Division of Local Government Services and the Township Clerk is hereby authorized to file with the Director of the Division of Local Government Services proposed regulations, a true copy of this Resolution, a true copy of the hearings, copies of the two newspaper legal advertisements for public hearing, and a completed, certified, standard certification form. 

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

NO. 2 – ORDINANCE NO. 2007-45 AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE AND NOT REQUIRED FOR PUBLIC PURPOSES PURSUANT TO NJSA 40A:12-13, ET SEQ.:  Block 82.05, Lot 86, 70 Changebridge Road.

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

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

NO. 3 – ORDINANCE NO. 2007-46 APPROPRIATING $236,111.00 TO THE CAPITAL BUDGET FOR BEAVER BROOK TRIBUTARY DRAINAGE AREA IMPROVEMENTS:

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

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

NO. 4 – ORDINANCE NO. 2007-47 AMENDING CHAPTER 8.08 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND RENAMING THIS CHAPTER "FALSE ALARMS":

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

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

NO. 5 – ORDINANCE NO. 2007-48 ORDINANCE AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND REGULATING FENCES, WALLS AND SIGHT TRIANGLES – SECTION 16.44.200:

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

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

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2007-49 TO VACATE ANY PUBLIC INTEREST OVER PROPERTY SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MONTVILLE AS BLOCK 77, LOT 4:  Mountain Avenue.

Martin Murphy, Township Attorney, stated this is a 12-foot strip on Mountain Avenue.  We have a property description.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 27, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

NO. 2 – ORDINANCE NO. 2007-50 AMENDING ORDINANCE NO. 2007-19 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS FOR THE YEARS 2007 AND 2008:  Director of Social Services.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 27, 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-CA20:  Motion to adopted consent agenda resolution items A through H, handling item I separately:  Sandham.  Second:  Bader.  All in favor except Moscone – absent.  Consent Agenda Resolution items A through H adopted.

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REFUND OF OVERPAYMENTS – TAX APPEALS 2005, 2006, AND 2007:

            WHEREAS, the State Tax Court of NJ has entered judgments on appeals filed by taxpayers in the Township of Montville; and

            WHEREAS, the judgments reduced assessments and canceled tax creating an overpayment of taxes for the years 2005, 2006, and 2007;

            NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be authorized to draw a check in the amount of overpayment to:

            Block 3, Lot 38.1                     2005                $3,026.80

            4 Mars Court                           2006                $2,480.96

            Urmston Realty Corp.             2007                $2,072.15

                                                            TOTAL                        $7,579.91

            Block 3, Lot 38.2                     2005                $2,609.60

            129 Boonton Avenue               2006                $3,001.44

                                                            2007                $1,785.91

                                                            TOTAL                        $7,396.95

            Block 3, Lot 38.3                     2005                $2,516.00

            2 Mars Court                           2006                $   980.00

                                                            TOTAL                        $3,496.00

            Block 3, Lot 38.4                     2005                $10,976.00

                                                            2006                $13,083.20

                                                            TOTAL                        $24,059.20

                                                GRAND TOTAL          $43,532.06

CONSENT AGENDA ITEM B – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENT 2007:  Duplicate payment, Block 135, Lot 2, 6 Van Riper Avenue, $250.00.

CONSENT AGENDA ITEM C – RESOLUTION APPROVING CANCELLATION OF TAX 2007:  Erroneous billing, Block 42, Lot 1, 4 Osborne Place, $1,971.60.

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:  Dale A. & Richard F. Moore, Block 40, Lot 39.02, 18 Indian Hill Road, driveway, $2,046.00.

CONSENT AGENDA ITEM E – RESOLUTION RELEASING RON GALELLA – BLOCK 82.2, LOT 23.4, 12 NELSON LANE – FROM PERFORMANCE GUARANTEE:  Letter of Credit No. 630056362, Lakeland Bank, $15,000.00.

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND JEFFREY AND GIOVANNA BLANK:  Block 39.07, Lot 86.01, 30 Abbott Road.  Planning Board resolution dated July 13, 2006.

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION:  November 23 to December 23, 2007.  Signage plan dated 10/11/07 approved – one banner and four signs only.

CONSENT AGENDA ITEM H – RESOLUTION APPROVING THE ISSUANCE OF A NEW 2007-2008 LIQUOR LICENSE TO ANTHONY PIO COSTA III:

WHEREAS, the Township of Montville, empowered by N.J.S.A. 33:1-19.1 et seq. to authorize the issuance of an additional plenary retail distribution license by public sale to the highest qualified bidder based upon an increase in the population of the Township, sold a new plenary retail distribution license to Anthony Pio Costa III; and

WHEREAS, an application has been filed for a new liquor license by Mr. Pio Costa; and

WHEREAS, the submitted application form is complete in all respects and the fees have been paid;

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, does hereby approve, effective October 23, 2007 the issuance of the aforesaid plenary retail distribution license to Anthony Pio Costa III.

CONSENT AGENDA ITEM I – RESOLUTION ENDORSING THE “GREEN ACRES, FARMLAND, BLUE ACRES, AND HISTORIC PRESERVATION BOND ACT OF 2007”:  Motion:  Nielson.  Second:  Bader.  Discussion:  Sandham stated this is a motion in front of the State to pass $2 million in bonds.  I think this is up before the voters in November.  I don’t think we should be endorsing it.  If we want to raise funds, we could raise our open space tax and keep the money in Montville.

Nielson stated this has been endorsed by the Environmental Commission and the Open Space Committee.  I am in favor of the resolution.  It will ultimately be up to the voters in November.  Morris Land Conservancy has asked all of their towns to support this.

Roll call vote – Moscone, absent; Sandham, no, Bader, yes; Nielson, yes; Daughtry, no.  Resolution NOT adopted.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING CHANGE ORDER AND FINAL PAYMENT TO AJM CONTRACTORS, INC. FOR THE PINE BROOK ROAD IMPROVEMENT PROJECT, PHASE II SUBJECT TO THE RECEIPT OF AN AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

WHEREAS, AJM Contractors, Inc. is the contractor for the Pine Brook Road Improvement Project, Phase II; and

WHEREAS, it has been determined that changes to this Contract are necessary due to a change in the final as-built quantities, and items from Montville Township Change Order #1, and

            WHEREAS, AJM Contractors, Inc. has submitted a Change Order for a reduction to the original contract amount; and

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

WHEREAS, AJM Contractors, Inc. is not required to post a Maintenance Bond as the contract maintenance period has expired and is required to file an Affidavit of Release of Claims and Liens as a condition of final release.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following change order is hereby approved:

Original Contract Price:                                                                                               $462,505.00

Adjusted Contract Amount (incl. Change Orders 1 and 2)                                            427,437.90

Decrease on the Contract                                                                                                    -7.58%

Total of Previous Payments                                                                                           414,202.63

Final Payment Due (Retainage)                                                                                 $    13,235.27

; and be it further

            RESOLVED that this release is conditioned upon the receipt of an Affidavit from AJM Contractors, Inc. as to release of all claims and liens; and be it further

RESOLVED, that the Township of Montville accepts as final the Pine Brook Road Improvement Project, Phase II and releases to AJM Contractors, Inc. final payment in full subject to receipt of an Affidavit from AJM Contractors, Inc. as to release of all claims and liens. 

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

NO. 2 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS: Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF A DEED INSERTING A RESTRICTION REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:

WHEREAS, the Township of Montville is the owner of property known as Block 164 Lot 3 located at the intersection of Horseneck Road and Hook Mountain Road; and

WHEREAS, the Township has applied to the New Jersey Department of Environmental Protection for a stream encroachment permit for the construction of a sanitary sewer pumping station and gravel driveway on this property; and

WHEREAS, as a condition of the granting of this permit the Department of Environmental Protection has insisted that a language be inserted in the deed of record as follows; “all electrical or mechanical utilities must be placed above 175.3 feet NGVD or properly dry flood proofed.”

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 deed incorporating the following restriction in the deed of record for Block 164 Lot 3: “all electrical or mechanical utilities must be placed above 175.3 feet NGVD or properly dry flood proofed.”

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

NO. 4 – RESOLUTION ACCEPTING BIDS FOR SALE OF SURPLUS PROPERTY:

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

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

            WHEREAS,the Township’s Director of Finance has reviewed the high bids and have 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 bids for the sale of surplus vehicles are hereby accepted:

Item #1.   1986 Chevrolet Dump Truck C70  Corigiliano Motors                    $1,050.00

Item #2.   1986 Chevrolet Dump Truck C70  Corigiliano Motors                    $1,350.00

Item #3.   1989 Dodge Dakota  Vito Magnotti                                     $   389.00

Item #4.   1990 Dodge Dakota  Vito Magnotti                                     $   389.00

Item #5.    2003 Ford Crown Victoria   Grace Quality Used Cars                  $2,148.00

Item #6.    1994 John Bean Tire Machine-Jersey One Auto                           $   313.00

Item #7.    2000 Wheel Balancer-Snap on-Vito Magnotti                                $   311.00

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

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

PRESENTATION GI AUTO PROPERTIES ZONE CHANGE:

Joseph Burgis, Township Planner, and Gary Lewis, Planning Board member, presented.

Lewis stated this has been under discussion for over a year.  There has been many months of work.  At their last meeting, the Planning Board did reach a consensus as to the best overall scheme for the GI Auto site. 

Burgis stated this proposed ordinance plan balances a lot of the competing interests.  At the request of the Planning Board, we have been asked to look at a number of impacts and a variety of different uses.  I would like to go through the ordinance and the impacts.  There are 20 acres of wetlands.  We had looked at a variety of uses.  The big box retail is what the application originally proposed.  A little over 200,000 square feet of retail space. 

Mr. Burgis presented and displayed the following information:

Burgis stated the biggest concern is the affordable housing application.  The regulations are being revamped as we speak. 

Burgis stated the basic conclusion of the Planning Board is that all three uses offer some benefits for the municipality.  From that, we prepared a detailed zoning ordinance.  There are open space amenities in it – 15 acres permanent open space.  Big box/mixed retail – primary access would be Route 46.  There are substantial buffer requirements to ensure residents are protected.  The big box retail – we did not want to see conventional big box retail.  There are requirements about how it will look, etc.

Lewis stated environmental considerations were paramount to the Planning Board.  Building requirements are minimizing energy consumption, proper stormwater uses, etc.  That is a very critical aspect that the Planning Board wanted to make sure was addressed. 

Burgis stated that will be treated as a separate ordinance to address the whole municipality. 

Daughtry asked what the primary access would be for the residential housing use.  Burgis answered Bloomfield Avenue.

Lewis stated it was important to the Planning Board and the Economic Development Committee that the housing get a fair shake.  Regardless of what the COAH growth share regulation does, it is recommended that 20% of the units be affordable housing.

Lewis stated as to big box, this is a challenge for a big box designer. 

Burgis stated the ordinance is a significant step forward for the municipality.  The design issues and the regulatory controls were worked on diligently.

Committeewoman Bader stated she does not know if we need big box here.  There would not be much revenue from that.

Burgis stated looking at the numbers, the residential is the most revenue.

Nielson stated the Home Depot is just under 120,000 s.f.  Tax $260,000.  I don’t know where your number comes from.  $600,000 was prorated for 200,000 s.f.  I have been talking to the Tax Assessor all along.

Sandham stated whatever the development is; the property is 100% in the floodplain.  What is the impact on the neighborhood?  Burgis replied Stan Omland, Planning Board Engineer, gave a general report during the Planning Board discussions on how that would be dealt with. 

Public portion:

Len Wallach, 1 Tiffany Court, Montville, asked if they have gone out to Route 46 at 5:30 p.m. and seen the traffic there right now.  That is really jammed up.  That has not been addressed yet. 

Burgis stated the application would have to address that with a detailed traffic study.  That would be the next step in the process. 

Suresh Raina, 67 Wedgewood Drive, Montville, stated we already have water problems in this town.  What will that impact be?

Burgis stated the residential would have the most impact.  Each of these uses had some pluses and some minuses. 

Lewis stated there are water conservation measures that can be applied to these three uses.

Art Weber, 3 John Street, Pine Brook, stated our area is jammed.  None of the residents want big box.  This was expressed to the Planning Board.  First it was senior housing, now it is big box.  Why do we need big box?  We have a Home Depot across the street.  It seems to me that the big box should be taken off of this.  We are asking that you take it off completely.  The other two we can live with.  Also, we are not happy with access off of Bloomfield Avenue only for housing.  Also, the exit should be east or west.

James Kelly, Esq., representing GI Auto, stated a lot of time was spent at the Planning Board, and we appreciate that.  GI Auto originally came in with a plan for active adult housing.  Originally, the DOT said no access off of Route 46.  They may have changed their mind.  We believe we can get access off of Route 46 by widening Route 46.  Regarding the big box, this is not the big box that would be typically thought of.  It is very aesthetically pleasing.  We look forward to getting to the Planning Board.  We believe the ordinance proposed leaves room for all the deliberations to be made at the Planning Board.  We commit to working with the Planning Board and all of the residents to come up with a plan that makes sense. 

John Swauger, 48 Bloomfield Avenue, Pine Brook, stated a big box will create traffic and lighting problems.  It does not create the tax base the town needs.  The traffic is insane on Bloomfield Avenue and the side roads.  I don’t think anyone down there has a problem with senior housing.  I believe that is the best way to go.  I respectfully ask that you omit the big box from this plan. 

Mike O’Brien, 92 Pine Brook Road, Towaco, stated when he looks at the projections, they say for hotel/retail - 400 employees with no children in this town.  How do you project what kind of jobs they are?  Will they help our residents?  When I look at the document, a hotel could be 75 feet.  Is there a building in town that we can compare that to?

Sylvia Walits, 60 Maple Avenue, Pine Brook, stated they want to be able to walk their children around.  We want you to remember the children.  We want them to feel safe.  No one goes to the park down there.  I know you will be fair.

Herb Eggers, 30 Maple Avenue, Pine Brook, stated when it was originally talked about it was residential.  We liked that idea.  You have people moving there that are investing in the Township and will respect it.

Hearing no further comments from the public, public portion was closed.

Nielson stated they wanted to try to come to some kind of resolution by the end of the year.  I am a proponent of mixed use.  We tried to give the developer options.  The owner has a developer who wants a Lowes.  We are trying to entice him with other options. 

Motion to accept the ordinance as written without the big box included in it:  Bader.  Second:  Nielson.  Discussion:  Sandham stated he would like more time to understand the information presented tonight.  I would like to address this at our next meeting.

Daughtry stated we could ask the Planning Board to prepare two ordinances – one with big box and one without.  We could introduce one of them on November 27.  I am in favor of the residential component.  Sandham stated he will go along with that view at this point.  Sandham stated, I want to be clear, we are taking out Item A and everything associated with that – big box.  Township Committee agreed, and they introduce the ordinance on November 5.

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

Lewis stated please clarify to the public that this ordinance applies only to the GI Auto properties.  Township Committee agreed.

RESOLUTION NO. 2007-CES-102307B 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 Agreements.

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

Closed session at 9:30 p.m.  Public session at 9:50 p.m.

DISCUSSION ITEMS:

NO. 1 – CONDOMINIUM ASSOCIATIONS AGREEMENTS:  Bastone stated he has been meting with the condominium coalitions in an attempt to get the issues resolved.  I have been discussing the maps and the designated roadways with representatives of the individual developments.  Rob Signorile and Ed Blickstein are aware of this.  Four associations have agreed with the maps.  There is one issue left with a few associations and multiple issues are left with one association.  I will continue to work with them.  We are in agreement for the responsibility of maintenance for designated roadways.  The roads will be delineated on the maps.  The infrastructures within those designated roadways will also be maintained:  fire hydrants, traffic signs, street signs, storm sewers, sanitary sewers, and curbs.

Bastone stated the contract also provides comparable services as the rest of the Township roads.  The Township Engineer is going to conduct an inspection of the infrastructure by June 30, 2008.

Bastone stated there are a number of issues yet to resolve.  1) Retroactivity of road maintenance.  The coalition has indicated that they would be willing to go to the associations, get documented issues, and provide that to me by November 30, 2007.  These are issues identified during the term of the last contract.  We will consider that retroactivity based upon the documentation submitted.

2) Duration of contract as it relates to road maintenance and association infrastructure.  The Township Committee has no consensus on that yet.

 Snow removal, street sweeping, and leaves.  No consensus on this compensation yet.

Bastone stated the problem is he has done a calculation, which has been shared with the coalition, of what it costs the Township to provide for snow removal and street sweeping.  That calculation is significantly less than the amount of $3,000 currently in the contracts.  This even takes into account adding a difficulty factor.  The calculation number is $1,952.00.  We are attempting to compromise this, but it is still an open issue.

Daughtry stated when our Administrator mentioned the inspection of the roads, any component not identified by the Township Engineer by June 30, 2008, will become the responsibility of the Township.

Daughtry asked the Township Engineer if he is in the loop on this.  Barile answered yes.

Daughtry stated while this originally started out as something unprecedented in the State of New Jersey, some of our neighbors do it.  I would suggest you head up a Morris County Condo Association.  Parsippany is the only one that goes strictly by the Kelly Bill.  We are working on coming to an agreement.

Nielson stated earlier this year questions came up about her residency.  I live in Longview.  I asked the Township Attorney for an opinion about my being involved in these discussions.  I did receive a response in the affirmative.  The Township Attorney has issued an opinion letter – eight pages.  That document is on file here at town hall.  I can participate in this issue.  Of course I would refrain from voting on anything that has to do directly and only with Longview.

Murphy stated he agreed with Nielson’s statements.  It is a public document, and I am sure Trudy will have copies available.

Rob Signorile, President, Longview Association, stated we were all under the assumption that we had hammered out a pretty good agreement with the Administrator.  Our tax dollars have gone toward the maintenance and repaving of the roads in the community.  We have a tentative agreement about you taking over the responsibility of the roads.  Our concern is the duration of that agreement.  A five-year agreement is of no value to us at this point.  Our roads will need repairs in 10 to 15 years.  We have to plan with the capital reserve accounts.  A 5-year agreement is unacceptable.  What number is being discussed?

Bastone answered there is no consensus among the Township Committee members.

Murphy stated also, there is one Township Committee member missing.  They are at an impasse. 

Daughtry stated we are discussing between 5 and 25 years.  We understand your logic.

Signorile stated Kelly Bill reimbursements – we have precedent.  For the past 17 years, our roadways have received snow removal and street cleaning reimbursement - $1,500 per lane mile.  Sixteen years later, we are being offered approximately the same amount of money.  As late as 2001 and 2002 – received $2,100.00.  Past five years -  received $3,000.00.  I find it unconscionable that the Township Committee would offer $1,600 per lane mile.  I urge you on behalf of your 25% voting community that our tax dollars support this community - and to offer us less than ½ is unacceptable.  We will not sign any agreement. 

Bastone stated the calculation we are talking about is the fact that there is a calculation.  There is a $3,000 number in your existing contract.  I was unable to find the calculation that arrives at that number.  Steve Sammit explained to me it was just a 20% increase with the new contract.  I did a calculation of what it would cost the Township to provide snow removal.  I provided it to the coalition.  That number calculates to a significant amount less than what is in the contract.

Signorile stated he would suggest that maybe there is a problem with the calculation. 

Ed Blickstein, Changebridge @ Montville, stated he agrees with Rob’s comments.  We look at the inventory of equipment that the town has for snow removal.  Are people waiting for their streets to be plowed?

Sandham stated every snowstorm there are some complaints.  We have a limited number of staff.

Blickstein stated they have no choice but to do it for themselves.  We need a reasonable reimbursement. 

Sandham stated three or four towns were surveyed.  He asked Mr. Bastone what their reimbursements were.  Bastone replied Morris Township $1,691 per lane mile.  Parsippany and Randolph are less. 

Suresh Raina, Longview, Montville, stated they contribute about $4 million a year in taxes.  We were reimbursed one percent.  Is it too much for us to ask for one percent?

Alan Marcus, Longview, stated he has lived in Longview for the last three years.  I lived previously in a single-family home in Montville.  I feel we are being treated unequally with our taxes.  For my single-family home I paid my taxes and got municipal services.  He asked Mr. Bastone how the calculation was done.

Bastone answered based on the cost of snow removal for the Township.

Marcus asked if he looked at the actual costs for snow removal in 2002, 2006.  Bastone answered no.

Daughtry stated there is still a disconnect on the snow removal.  Please look at Frank’s information.  If there is something missing, let us know. 

Marcus asked if they are arguing over $8,500 and the duration.  Daughtry answered yes, for Longview.

Marcus stated it is not worth discussing a 5-year deal.  We are entitled to the same services as the single-family homeowner.  I don’t think single-family homeowners will be happy if this goes to litigation especially if it is over $8,500.

Ruth Hockman, Longview, asked what it would cost you if you had to hire more people, buy more equipment, and you plow the streets.  You have to look at how much you would pay to plow our roads. 

Lilia Scanlon, Jesse Court, Longview, stated she hears about towns around us that have the same issue.  Are we talking about the same calculations?

Bastone stated he knows for a fact that the calculation for Morris Township is the same as ours. 

Scanlon stated Longview’s streets are wider than other condo development’s. 

Linda Kornrush, Changebridge @ Montville, stated it has become a we and they.  When you check other communities, please check the tax rates.  We pay more than people who live in Morris Township.  Why are we even discussing duration?  Other developments don’t have durations.  We want equal representation for the tax dollars we pay. 

Daughtry stated this will eventually be worked out.  This also has to be straightened out in Trenton.  It is my intent to go down to the League of Municipalities, do a survey, and get something going with out legislators.  The roads are all there.  The maps are important.

Signorile asked how exactly are we moving forward?  Daughtry answered we will meet in closed session on November 5 with all five members.  Hopefully, the Township Committee will come to an agreement at that time.

Gayle Greene, Waterford Drive, Longview, stated this is still a voting issue.

John McIntyre, 6 Waterford Drive, Longview, stated the $8,500.  Why don’t you freeze the $3,000 where it is now until the formula catches up with that amount and then continuing using that formula from thereon?

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, spoke about how we charge other towns for animal control – annual fees and usage fees.

Bastone stated the services and the usages are not the same for each town.

Nielson stated we had the Health Department look into it, and the charges did go up.  The contracts are renegotiated annually.

Lefkowitz stated he did a bunch of research on the Montville Messenger.  There are a lot of areas on cost savings – printing, publishing, and postage.  He spoke about putting it on the website, having a mailing list, etc.  He prepared a report.  It is worth checking out other publishers, printers, etc.

Daughtry requested the vendor names and a scenario for getting better postage rates.

DISCUSSION ITEMS:

NO. 2 – POLICE MDT’S:  Bastone stated the police would like to replace MDT’s.  We would need to adopt a capital ordinance.  Township Committee agreed.

NO. 3 – SHARED SERVICES REPORT:  Carried to next meeting.

REPORTS:

NO. 1 – ADMINISTRATOR:  Bastone reported they are proceeding with hiring Jaime Wild as the new Social Services Director at a salary of $65,000.  She would start November 5.  Alison Irvin will be available through November for training purposes.

Bastone reported they had a website meeting.

Bastone reported he included the Township Clerk’s letter regarding participation in the Paris Grant program in his report.

NO. 2 – ATTORNEY:  Murphy reported on his opinion on the Historic Preservation Review Commission.  Our HPRC is an advisory committee under our ordinances. 

Daughtry stated he would like the opinion forwarded to Kathy Fisher.

Murphy stated the only thing is the town signed off on a quorum requirement for a CLG grant.  They are still just an advisory committee.  You can do what you want.

Daughtry stated the only thing is now they do have quorum issues and we could appoint one member now.  There are two resumes in.

Bader spoke about the two resumes.  Daughtry suggested that Committeewoman Bader, as the liaison to HPRC, come back on November 5 with a recommendation.

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, distributed a report on overtime and report on the reduction in Township debt.

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported the Township Committee has his memo on the Rathbun Road culvert.  There are funds available with the passage of the ordinance this evening.  He would like to work with the Township Attorney on an agreement for this.  Township Committee agreed.

Barile reported on Hatfield Creek.  The DEP did not review the permit in the review period.  They told us to ask for a 30-day extension.  We did, and they still did not review it.  They told us to withdraw it without prejudice, and we can resubmit.  However, they came out today and they will only approve about 1/5 of the silt we want removed.  They said to revise our plan, remove the sandbars they indicated, and resubmit.

Daughtry requested sending the residents a letter that the DEP will not approve what we requested.

Barile stated on the smaller storms it would make some difference.  We walked the creek last week.  I can see the residents saying why don’t we get our state politicians involved.

Barile will get more information on the DEP grace period for the re-submittal.

COMMITTEE REPORTS:

Committeewoman Bader reported the Health Department did not meet this month.

Committeewoman Nielson reported there is a rezoning request for retail for the Pine Brook Motel.  We have asked the applicant to look at all of the B3 zoning on Route 46.  Also, the corner of Kramer and Changebridge Road, they are requesting retail, so we are looking at that also.

Nielson stated Recreation had pledged that they would start fundraising and have banners, etc.  None of that has happened.  They have been having quorum issues.  Their priority is a roller hockey/skate park.  That is not necessarily the opinion of Maryann Witty or myself.

Committeeman Sandham stated the Knights of Columbus want to use the Senior Center for their Knights Grand Dinner.  I checked with Marty Murphy; a religious group can use the Senior Center.  I would ask the Township Committee to endorse the Knights using the facility.  Also, take a look at the policy for Senior Center use.  It needs to be revised.

Bastone stated they will revisit this.  There is a town-wide policy. 

Motion to approve Knights of Columbus using Senior Center November 3:  Sandham.  Second:  Daughtry.  Roll call vote – Moscone, absent; Sandham, yes; Bader, yes; Nielson, abstain; Daughtry, yes.  Motion approved.

Chairman Daughtry stated please tell Tom Mazzaccaro to run down the salt in the dome.  Next year, the new salt dome is supposed to be constructed.  I want the agreement with the County in place that when we run out of salt, we can start using the salt from their current dome.

Tony Barile suggested waiting until we have the project in our capital budget. 

Daughtry stated the first aid squad – funding versus dropping response time to assisted living.  Murphy will take another look at what other towns do.

Sandham stated he still thinks they should have a hospital cover.

Daughtry stated they need a meeting with the first aid squad.  Target January.

Daughtry stated spoke about the county deer program.  They only opened it for four days.  This is backwards.  Can we opt out now?  Daughtry stated he will deal with it.

Daughtry asked if we did anything yet with the Pine Brook Road ditches – Mr. Soussa.  Barile answered not yet, it is on his list.

RESOLUTION NO. 2007-CES-102307C 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 Agreements.

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

Closed session at 12 a.m.  Public session at 12:05 a.m.

Meeting adjourned at 12:05 a.m.  Motion:  Sandham.  Second:  Bader.  All in favor except Moscone - absent.  Motion approved.

Respectfully submitted,

Gertrude H. Atkinson, Township Clerk