Minutes 11/5/07 Print E-mail

Montville Township Committee Regular Meeting

Monday, November 5, 2007, 7:00 p.m.

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

 

7:35 p.m. – Statement of Open Public Meetings Act Compliance read by Chairman Art Daughtry:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Present:          Committeeman Stephen Moscone

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeewoman Deborah Nielson (arrival 7:37 p.m.)

                        Chairman Art Daughtry

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2007-CES-110507 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 – Dubnoff; Tax Appeal – C & C Riverside; Contract Negotiations – Blue Collar; Non-union employee compensation.

 

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

 

At 7:35 p.m. – Closed Session.  At 8:05 p.m. – Public Session.

 

Prayer and Pledge of Allegiance led by Committeeman Moscone.

 

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

 

DISCUSSION ITEMS:

 

NO. 1 – SHARED SERVICES:  Frank Bastone, Township Administrator, referred to his memo dated October 15, 2007. 

 

A)     Existing shared services:  animal control, JIF, Morris County Co-op, and health services.

 

B)     Possible shared services with Morris County:  assessing, animal control, welfare, and health.

 

C)    There are also possible shared services with other municipalities in the future.

 

In the area of immediate implementation – we have already started discussing the following:  roller hockey/skatepark with Parsippany, dog park, printing – County College of Morris, library – shared use with a municipality that does not have a library.  Regarding the library, we would have to speak to the Library Board, as they are an autonomous board.

 

Chairman Daughtry stated he is concerned about what happened with the public safety building.  He does not want that to happen to the animal shelter. 

 

Bastone stated there is a first meeting set up with the County on a shared animal shelter.  I am going to participate in that.

 

Committeewoman Nielson spoke about the shared roller hockey/skatepark.  There are some concerns that Parsippany is twice the size of us.  I would urge you to proceed cautiously.  That would be for new construction.

 

Bastone stated Parsippany currently has two facilities that I feel are underutilized.  What I envisioned was instead of us both building a skatepark, they would provide the skatepark and they would provide the roller hockey facility. 

 

Daughtry stated he does not have a problem entering into an agreement for one or two years to test the waters.  Bastone stated the intent is to start using their roller hockey facility in the spring.

 

Nielson will carry this back to Recreation.

 

Daughtry directed Mr. Bastone to make contact with the Library and Recreation.

 

NO. 2 – ANNUAL REVIEW OF FEES:  Bastone reported he would like to have fees in one place in the code.  Also, he would like to update the fee ordinance once per year.  You have the draft fee ordinance.

 

Committeeman Sandham stated he is concerned about sewer charges – for seniors in particular.  Bastone stated they are going to work on that in the beginning of 2008.  He has talked to Tom Mazzaccaro and Jim Sandham about this.  Alex DeCroce is intending to introduce legislation we asked him for – to update the senior income level annually.  Township Committee – ok draft fee ordinance.  Introduce November 27.

 

NO. 3 – CAMP DAWSON MASTER PLAN:  Bastone reported the DEP has gotten back to us.  They feel we should go through the formal process to get this approved.  Our attorney has provided us with a copy of the DEP code. 

 

Daughtry stated they have tried to expedite this because of the parking there.  The DEP is stonewalling us.  He asked Mr. Barile what they can do now.

 

Anthony Barile, Township Engineer, stated they can schedule a public hearing and see where it goes from there.  I would like to, however, be able to submit a formal plan.

 

Sandham stated the Towaco Civic Association raised some money.  They have intentions of putting in a gazebo and some picnic areas there.  Can you please check to see if that needs to be on the plan?  Barile stated there are certain things that DEP allows.  He will check on it.

 

Bastone requested that Mr. Barile come up with a schedule.

 

NO. 4 – AREA 18 SEWER PROJECT SUPPLEMENTAL APPROPRIATION:  Bastone reported they have a memo from Tom Mazzaccaro, Water & Sewer Director, dated November 1, 2007, proposing supplemental funding be put in place for the Area 18 sewer project.  There is an updated engineering cost estimate and minor drainage improvements recommended by the Township Engineer.  The request is $535,000 in additional funding.  That has to come out of sewer capital. 

 

Township Committee discussed looking at this for the 2008 sewer capital.  Mazzaccaro agreed it could wait until January.

 

Daughtry asked if there was any way of funding this with a developer in the area.  Mazzaccaro answered no.

 

Township Committee agreed – temporary appropriation in sewer budget in January.

 

NO. 5 – HATFIELD CREEK:  Bastone reported on the DEP stream encroachment permit.  They were not able to review the permit application in time.  We got an extension, and they still did not review it.  Someone from DEP came out, and they said they would only approve the removal of approximately 20% of the silt.  Bastone stated we could contact our State legislators. 

 

Barile stated we could copy them on the cover letter with the new permit application.  Daughtry requested that the flooding problems be stated in the letter.  Bastone stated they will make sure Mr. Parcel is aware of the developments. 

 

NO. 6 – PERSONNEL POLICY REVISION:  Bastone stated he feels the reimbursement for expenses is not being used for what it was intended.  The new policy will set the amount to be approved by Department Heads not to exceed $250.  The Township Administrator must approve emergency situations in excess of $250.  One exception – uniforms for the police are reimbursed up to $500.  Township Committee – ok.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE AMENDING CHAPTER 16.40 ZONING DISTRICTS DESIGNATED AND CHAPTER 16.44 GENERAL PROVISIONS OF THE LAND USE CODE OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, NEW JERSEY, TO ESTABLISH A B-6 BUSINESS DISTRICT AND AMENDING THE ZONING MAP OF THE TOWNSHIP OF MONTVILLE:  GI Auto site – Block 167, Lots 28 to 32, Block 179, Lot 1.

 

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:  Nielson. 

 

Discussion:  Committeewoman Nielson stated this does not include big box retail.

 

Sandham asked if we have the recommendation from the Planning Board.  Bastone answered yes.

 

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

 

NO. 2 – ORDINANCE NO. 2007-52 APPROPRIATING A GRANT OF $72,000 AVAILABLE FROM THE MORRIS COUNTY HISTORICAL PRESERVATION TRUST FUND FOR THE IMPROVEMENT OF THE MONTVILLE MUSEUM IN THE TOWNSHIP OF MONTVILLE:  Montville Museum.

 

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

 

NO. 3 – BOND ORDINANCE NO. 2007-53 PROVIDING FOR THE PURCHASE OF MOBILE DATA TERMINALS FOR THE POLICE DEPARTMENT IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $31,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $29,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

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:  Nielson.

 

Discussion:  Daughtry stated the County is getting more involved in the police functions.  There are several issues our police department has with these MDT’s.  Do other municipalities?  Are they the same that the County uses?  Bastone answered he does know that other municipalities use the same MDT’s.  Daughtry requested asking the Police Chief to ask around on that.

 

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

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – ST. PIUS CHURCH, BLOCK 82, LOTS 8 & 10):  Cash bond $15,000 accepted.  ZSPP/FCD18-98-10-07.  Streetscape lighting and landscaping.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING THE RETURN OF CASH BOND 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:

 

NAME/LOCATION

 

TYPE OF BOND

AMOUNT TO BE

RETURNED

 

 

Evangelical Mission & Seminary Internat’l,

36 Alpine Rd. P.O. Box 186

Towaco, New Jersey

(Block 111, Lot 15)

 

Engineering Inspection

 

$12,000*

* this is a partial release with $5,000 to remain in escrow.

 

          BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS:

 

            WHEREAS, there appears to be insufficient funds in the following accounts excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2007

 

            Dial A Ride, Auto Repair             $  2,000

            Montville Messenger                   $10,000

            Twp. Clerk, Legals & Ads           $  3,500

            First Aid Squad S & W               $10,000

            Senior Services S & W              $10,000 *

            Public Defender S & W              $       40

            Roads, Snow & Ice Removal     $30,000

            Roads, Line Painting                  $18,160

           

            WHEREAS, there appears to be a surplus in the following accounts, (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the year, 2007

 

            Solid Waste Disposal                     $73,700

            Youth Services S & W                    $10,000 *

 

            NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provision of R.S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient, to meet the current demands; and

 

            BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.

 

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

 

NO. 4 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported that on October 25 they had a third meeting regarding the implementation of the website.  We do have a plan to have that up on December 1.

 

NO. 2 – ATTORNEY:  None.

 

NO. 3 – FINANCE:  None.

 

NO. 4 – ENGINEER:  Barile reported our consultant notified him today that we did receive two permits from the DEP for the upper part of the Hatfield Creek project.

 

COMMITTEE REPORTS:

 

Committeeman Moscone wished Mr. Daughtry good luck tomorrow.

 

Moscone asked if they have to give thirty days notice for a public hearing on Camp Dawson.  Barile replied yes.  It would probably not take place this year.

 

Committeeman Sandham stated the VFW will be having a service on Sunday, November 11, at 11 a.m.  It is a great opportunity to go there.  Everyone get out and vote tomorrow.

 

Committeewoman Bader reported Maggie Sanders has withdrawn her application for the Historic Preservation Review Commission.  We do have another application.  Township Committee agreed to hold it for the new year.

 

Committeewoman Nielson stated she spoke to Chief Cook about the Maple Avenue speeding, and he will look into it – speed bumps, etc.

 

Township Committee discussed having their appointment meeting on December 12 at 6:30 p.m.  They will receive their packets by December 7.  All in favor except Nielson.  She stated she has an issue with the date being too soon and there is not enough time to review the packets.

 

Chairman Daughtry asked about the status of the Route 202 traffic light at Whitehall/Park Avenue.  Barile answered they are moving forward.  He will contact the County Engineer and get information on a timeline for next meeting.

 

Daughtry stated that JCP & L, the HPRC, Raia, and the developer of the age-restricted housing units need to all get together.  Nielson suggested that Mr. Bastone contact JCP & L.  She does not feel that the developer has to be involved.

 

Barile stated the developer applied for an LOI.  The DEP approved that today.  So, we know the wetlands delineation.

 

Daughtry stated there is a property owner in The Glen who has run some yellow caution tape around his property.  There are complaints that people cannot follow the trial now up to Pyramid Mountain.  We may have to remark that trail.  I contacted Linda White to look into it with the Environmental Commission.

 

Meeting adjourned at 9:15 p.m.  Motion:  Sandham.  Second:  Nielson.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 20 February 2008 )
 
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