Special Meeting Minutes 11-01-07 Print E-mail

Montville Township Committee Special Meeting

Thursday, November 1, 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

                           James Bryce, Township Attorney

                           Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2007-CES-110107 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:  Nielson.  Second:  Bader.  All in favor.  Resolution adopted.

At 6:33 p.m. – Closed Session.  At 7:10 p.m. – Public Session.

Prayer and Pledge of Allegiance led by Committeeman Moscone.

DISCUSSION REGARDING CONDOMINIUM ASSOCIATIONS AGREEMENTS:

Chairman Daughtry announced that the purpose of this special meeting is to address the condominium agreements.

Frank Bastone, Township Administrator, stated the Township Committee has before them this evening eight resolutions approving contracts with the eight condominium associations.  They cover the Kelly Bill services and the infrastructures – designated roadways, storm sewers, sanitary sewers, curbs, fire hydrants, traffic signs, and street lines.  Each contract has a calculation for the Kelly Bill services.  All calculations are the same except for the streetlights.  Also attached is a map of the designated roadways.  They are five-year contacts with the exception of the roads, which are 25 years.  Seven of the eight agreements are signed.  Meadows Homeowners’ Association is not.  There is an issue with the designation of the roadways.

Daughtry stated Committeewoman Nielson will not be involved in the Longview resolution.

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND BRANDYWYNE HOMEOWNER’S ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Brandywyne is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

WHEREAS, the Township and Brandywyne Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Brandywyne Homeowners’ Association in the form attached hereto.

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

NO. 2 - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND CAMPAGNA HOMEOWNER’S ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Campagna is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Campagna Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Campagna Homeowners’ Association in the form attached hereto.

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

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND CHANGEBRIDGE AT MONTVILLE HOMEOWNERS’ ASSOCIATION:

            WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Changebridge at Montville is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Changebridge at Montville Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Changebridge at Montville Homeowners’ Association in the form attached hereto.

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

NO. 4 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND HUNTING HILLS HOMEOWNERS’ ASSOCIATION:

           

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Hunting Hills is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Hunting Hills Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Hunting Hills Homeowners’ Association in the form attached hereto.

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

NO. 5 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND JADE MOUNTAIN HOMEOWNERS’ ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Jade Mountain is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Jade Mountain Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Jade Mountain Homeowners’ Association in the form attached hereto.

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

NO. 6 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND THE MEADOWS HOMEOWNERS’ ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, The Meadows is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and The Meadows Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and The Meadows Homeowners’ Association in the form attached hereto.

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

NO. 7 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND MONTVILLE CHASE HOMEOWNERS’ ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Montville Chase is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Montville Chase Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Montville Chase Homeowners’ Association in the form attached hereto.

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

NO. 8 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND LONGVIEW HOMEOWNERS’ ASSOCIATION:

WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and

WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and

WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.

WHEREAS, Longview is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and

            WHEREAS, the Township and Longview Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and

            WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.

            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 an Agreement for Municipal Services between the Township of Montville and Longview Homeowners’ Association in the form attached hereto.

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

Bastone stated the condominium association did request that we issue a letter clarifying how the Engineer’s report will be disseminated.  The Township will be getting that letter out.  That is for all of the associations.

Daughtry stated when they first met with the coalition in mid-July, they were all professional.  It has been an amazing learning process.  This Township Committee is desperately trying to take this to the next level.  We tried to do a lot more research into the agreements.  Hopefully in the future these negotiations should be easier.  In my opinion, the Kelly Bill is definitely flawed.  We need to form a County coalition.  This is to keep us informed and gather information.  We then need to look for a State legislator to champion a revised Kelly Bill.  Hopefully we can use Montville as the template.

Committeeman Sandham thanked the condo owners and the coalition members who were patient with them while they went through this process.  He also thanked Frank Bastone.

PUBLIC PORTION:

Ed Blickstein, 2 Hixson Court, Montville, stated they appreciate the action taken tonight by the council.  We found it challenging and professional.  Frank Bastone was an excellent person to work with – honest and truthful.  It was a pleasure working with him, and we want to thank him.  Several of us have been talking about a Countywide coalition and will try to springboard that into a State association.  We will be in touch Art Daughtry and Frank Bastone to get that done.  Again, thank you.

Meeting adjourned at 7:29 p.m.  Motion:  Moscone.  Second:  Sandham.  All in favor.  Motion approved.

Respectfully submitted,

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Friday, 22 February 2008 )
 
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