Regular Meeting 01-22-08 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, January 22, 2008, 7:00 p.m.

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

7:00 p.m. – Statement of Open Public Meetings Act Compliance read by Chairwoman Deborah Nielson:  “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 Art Daughtry (arrival 7:05 p.m.)

Committeeman James Sandham, Jr.

                                Committeewoman Jean Bader

                                Committeeman Tim Braden

                                Chairwoman Deborah Nielson

Also present:                Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

RESOLUTION NO. 2008-CES-012208A 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 – NJDEP; Lotta Lettuce; Contract Negotiations – Blue Collar Contract; Animal Control Contracts; Meadows Condominium Association Contract; Township Attorney’s Contract; Personnel.

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

At 7:03 p.m. – Closed Session.  At 8:05 p.m. – Public Session.

Chairwoman Nielson read the Statement of Open Public Meetings Act Compliance again for the record.

Prayer and Pledge of Allegiance led by Committeeman Daughtry.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

NO. 1 – ORDINANCE NO. 2008-01 CALENDAR YEAR 2008 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAPT BANK (NJSA 40A:4-45.14):

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  Motion:  Moscone.  Second:  Bader.  All in favor.  Motion approved.

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

NO. 2 – ORDINANCE NO. 2008-02 AMENDING CHAPTER 16.44, GENERAL PROVISIONS OF THE LAND USE CODE OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, NEW JERSEY TO ENABLE ACCESSORY RETAIL USES IN INDUSTRIAL ZONES:

Chairwoman Nielson opened the public hearing.

Nielson stated they have received a memo from Linda White, Land Use Administrator, that the Planning Board recommends adoption of this ordinance and that it is consistent with the master plan.

Hearing no comments from the public, Chairwoman Nielson closed the public hearing.  Motion:  Sandham.  Second:  Bader.  All in favor.  Motion approved.

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

REPORTS:

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the NJDOT noise ordinance wavier request.  He had a discussion with Chief Cook, John Wozniak, Health Officer, and the DOT.  They are going to ask that they do the work during the day leaving one lane open.

Bastone reported they have a resolution on this evening memorializing our participation in the PARIS grants program with the County.

Bastone reported on Rathbun Road.  The drainage filter can be modified and reinstalled at a lower grade to ensure that it is fully below finished grade.

Nielson stated this is on for discussion at the Planning Board on February 14.  There are other outstanding issues and concerns that the residents have.

Bastone stated there is a meeting with the neighbors on January 29.

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, stated he previously provided the Township Committee with a litigation status update on the cases his office is handling.

NO. 3 – FINANCE:  Frances Vanderhoof, Finance Director, stated they are going to permanent bonding in May.  They need to have a decision on bond counsel by February 10.  The subject is on the Long-Term Financial Planning Committee agenda for Thursday night.

NO. 4 – ENGINEER:  Absent.

Committeeman Daughtry stated he would like the Township Engineer to give them an update before Thursday night’s Planning Board meeting on the Morris County traffic light improvements.

DISCUSSION ITEMS:

NO. 1 – ANIMAL SHELTER NAMING OPPORTUNITIES:  Bastone stated he met with the Montville Pet Parents on Friday.  The Township Committee received the naming proposals in their packets. 

Sue Goldblatt, 4 Two Bridges Road, Towaco, representing MPP, stated they are looking to do some naming options for the shelter.  They are hoping to raise significant funds for the Township or the County, if it is built in our town.  Regarding the campaign being immature, they would like to start getting their name out there.  They have raised $2,000 so far.  They are not looking to change the name of the shelter.  For each room they are envisioning a plaque.  There would also be a general plaque. 

Daughtry stated it is a great idea.

Nielson stated it is a great idea as long as everyone is aware that if it becomes a regional facility, Montville Township’s contribution may be land, and it may not be Montville’s decision. 

Goldblatt stated they have sent their information out to the County Administrator and the Freeholders.  They are very honest with the people they are talking to – that it may not be Montville’s decision.

Township Committee all in favor to move forward.

Goldblatt stated they would like to try to get the word out that they would like to raise money.  Can it go out with the dog/cat licenses that are being sent out?  They are being very careful not to solicit.  Goldblatt provided the Township Committee with a sample of the paper they would like to go with the licenses.  Township Committee – ok.

Committeewoman Braden asked if the MPP have approached the four other towns our animal shelter services.  Goldblatt answered they will be.

NO. 2 – MONTVILLE MESSENGER:  Bastone stated the Township Committee has his final recommendation on the ad rates. 

Committeeman Sandham stated he took into account an inside front cover and an inside back cover.

Accept the Township Administrator’s final recommendation on the ad fee structure.  Motion:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

NO. 3 – COMMUNITY PARK DOME:  Bastone stated as you know, the dome needs to be replaced.  The Recreation Commission recommends that the Township eliminate the use of the dome.  You have a memo from Maryann Witty on that.  I have had discussions with the Tom Mazzaccaro, DPW Director, and we are going to eliminate the use of the dome and consider selling it while it is still up. 

Nielson stated she has sat on the Recreation Commission for the last two years while this was discussed.  They did do a 180-degree turn on that.  I spoke to Mrs. Witty on this.  She did say it was a godsend when Lazar’s gym flooded.  She is getting requests from lacrosse, etc., but that is not the original intent of the dome.  It is approximately $150,000 to replace the dome.  I think we try it for a year with it down, and if there is a demand we can revisit it.

Daughtry stated the energy costs were pretty exorbitant two years ago. 

Motion to sell dome made by Braden.  Second:  Daughtry.  Discussion:  Sandham asked what is the cost to repair the heating element?  Mazzaccaro stated $37,400 and that does not include electrical and plumbing.  That would probably be another $5,000.  Estimated 2006 costs to run the dome were $18,000 gas and $22,000 electric.  Man hours approximately $14,000 – 300 hours up and 300 hours down.  It probably has two to three more years of life.  It was installed in March 2001.

Sandham stated we have to answer the question:  do we want a bubble or not?  If we do, we buy a new one if we can pay less than the amount to get this one repaired.  Mazzaccaro stated it is starting to stretch and the cables are getting rusty.   He will call the manufacturer to see what the value of it is.

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

NO. 4 – MORRIS COUNTY FREEHOLDERS EMERGENCY MANAGEMENT HAZARD MITIGATION PLANNING PROJECT:  Bastone stated they have a letter from the Morris County Freeholders about participating in the project.  He recommends the Township being involved in it.  There is no cost to the municipality.  It is in-kind personal services.  If we don’t participate, it jeopardizes our ability to received FEMA funds in the future.  The local liaison would be the Emergency Management Coordinator.

Motion to participate in the project:  Bader.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

NO. 5 – TABLE OF ORGANIZATION:  Bastone stated he was asked to look at the Township’s table of organization.  I spent a lot time with all of the Department Heads discussing ways we could increase efficiency.  The goal was to not have anyone feel it would impact them.  It would be based on attrition. 

Nielson stated she considers this a guideline as to where they want to go.  It is not necessarily cast in stone.  They could set up a subcommittee. 

Daughtry stated the Tax Collecting, Tax Assessing, Health, and Dial-A-Ride could end up as a County function in the next five or ten years.  He would like to see the shared services impact on this.  They need to take sometime and really put down some detailed questions about the Table of Organization.

Bastone stated he would like to send them again the portion of the shared services report that has to do with the County. 

Sandham stated he would like to see a full organization chart reflecting the total number of positions.  It is a working document, and I would like to see it be done right first off so in the future it does not have to keep coming back to the Township Committee.

Nielson stated there is the combining of some departments.  I noticed Engineering.  That was done in the past, and I am not sure it worked out putting so many people under one person.

Bastone stated he had discussions about that, and he has no problem talking about that. 

The Township Committee will get Frank Bastone their questions, and the Table of Organization will be back on as a future agenda item.

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he reviewed the memo that was discussed at last meeting regarding the Montville Messenger.  I see we are using the same publisher.  Are we using a new printer?  Bastone answered yes, he believes so.  We got better prices.  What we are looking at for the Spring issue is 24 pages, $4,800.

Nielson asked Mr. Lefkowitz if he has the time, if he could forward his questions in advance so Mr. Bastone has the answers ready.

Lefkowitz asked how we are reducing the postage rates so drastically.  Bastone stated they are reducing the issue to 24 pages and using different paper stock.  That is based upon the weight of the issue. 

Lefkowitz stated he looked in the postage rate book, and it is 21 cents based on the rate, and there are other ways to reduce the costs.  There is the ECR, the destination mailing.  Labels on each issue, where they go, etc.  They are put in specific order when it is delivered to the post office.  A database is continually updated by the post office.

Bastone stated they are looking into those options.  From his understanding the destination post office is quite a distance away.

Lefkowitz stated when he looked into printers there were some that would deliver to that post office.

Bastone stated they found a printer for $4,800 – a reduction in printing costs.

Lefkowitz stated no one contacted the printers indicated in his report.  No one contacted the publishers either.  Some of them were $15 a page compared to $100 a page. 

Lefkowitz stated he assumes the memo you had on tonight was for the price of the ads.  Bastone replied yes.

Lefkowitz asked what happens if you go over budget this year. 

Bastone replied with the numbers we are looking at for the Spring issue, the cost is $8,985.00. 

Nielson stated Mr. Bastone did take a look at your information.  We have had input from other people as well.  Mr. Bastone, Ms. Atkinson, and Mr. Sandham took a look at it.  We rely on their expertise to come up with a collective decision with input again from you and other people.  We are going to be keeping tabs on it.

Bastone stated he does acknowledge that Mr. Lefkowitz’s report was based on a 32-page issue.

Nielson asked that Mr. Lefkowitz submit his questions to Mr. Bastone or Ms. Atkinson.

Braden stated to Mr. Lefkowitz that you probably know that in the private sector things get done much more efficiently and much more expeditiously than in the public sector.  We need to move on.  I appreciate your input.  Your analysis has been constructive.  At some point, we need to move on and get to the business at hand.

Lefkowitz stated I agree with you that we need to move forward, but if we had a line of experts and they proposed better and cheaper methods for doing things, if we didn’t investigate them all we would be doing a disservice. 

Braden stated I agree with that, but I think if someone has input, it should be directed to Mr. Bastone. 

Nielson stated also, Art Daughtry forwarded me the comments on the website.  I found the comments informative and on target with some of my comments.  They are being passed along to Mr. Bastone if they weren’t already.   I concur the website does need improvement.  We are moving forward on that.  Thank you for those comments. 

Michael Karlan, 37 Lenox Court, Montville, publishing consultant for the Montville Messenger, stated if going forward there is no further impact on the taxpayers and there is going to be a profit, will Mr. Lefkowitz still want to try to do what he is doing?

Nielson stated they will be monitoring it.

Hearing no further comments from the public, public portion closed.  Motion:  Bader.  Second:  Daughtry.  All in favor.  Motion approved.

ORDINANCE INTRODUCTIONS:

NO. 1 – ORDINANCE NO. 2008-04 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $10,500:  Environmental assessment and appraisals Block 76, Lot 15.2 and Block 59.1, Lot 5.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 12, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

NO. 2 – BOND ORDINANCE NO. 2008-05 PROVIDING A SUPPLEMENTAL APPROPRIATION OF $530,000 PROVIDING FOR THE CONSTRUCTION OF A SEWER PROJECT IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $504,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF:  Area 18 sewer project.

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for February 12, 2008, at 8 p.m.  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

RESOLUTION AUTHORIZING THE PASSAGE OF CONSENT AGENDA NO. 2008-CA3:  Motion:  Daughtry.  Second:  Bader.  All in favor.  Resolution adopted.

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RELEASE 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:

NAME/LOCATION

TYPE OF BOND

AMOUNT TO BE

RETURNED

 

AGM Development

4 Moore Road

Montville, NJ

(Block 110, Lot 21.3) 5 Plane Court

Soil Stabilization

$1,500.00

Sunil Kataria

Rondalla Properties, Inc.

2 Sickle Street

Dover, NJ  07801

(Block 82.9, Lot 13.1) 18 Turner Lane

Soil Stabilization

$2,400.00

Alexis Acker

174 A Pine Brook Road

Montville, NJ

(Block 122, Lot 19.02)

Soil Stabilization

$1,350.00

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

CONSENT AGENDA ITEM B – RESOLUTION RELEASING RONDALLA PROPERTIES, BLOCK 82.09, LOT 13 – 18 TURNER LANE, FROM PERFORMANCE GUARANTEE: 

WHEREAS, Rondalla Properties, the developer of property known as Block 82.09, Lot 13, has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be released from liability under the Performance Guarantee being held by the Township; and

               

WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and

               

WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer.

               

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

               

1.                Performance Guarantee posted by Rondalla Properties in the form cash in the amount of $10,790.58 shall be released.

               

BE IT FURTHER RESOLVED that an amount of $147.42 is being deducted from the amount being released at the request of the developer and paid to the Township of Montville to cover a deficiency in the escrow account for this project.

CONSENT AGENDA ITEM C – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENTS – TAX APPEALS 2007:

WHEREAS, The Morris County Board of Taxation has entered judgments on appeals filed by taxpayers in the Township of Montville; and

WHEREAS, The judgments reduced assessments and cancelled tax creating an overpayment of taxes for the year 2007;

NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:

                                            

Block 47  Lot 1

Laurence & Anasta Badalamenti

23A Rockaway Valley Road                           $   499.03

Block 1  Lot 11.63

Edward G. & Suzanne Olimpio

5 Patrick Court                                      $ 1,195.83      

CONSENT AGENDA ITEM D – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENTS – TAX APPEAL 2006 & 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 cancelled tax creating an overpayment of taxes for the years 2006 and 2007;

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

                                       

Block 180  Lot 2.1

Home Depot

79 Route 46                                                                           2007:  $25, 276.20

Block 131  Lot 1.1

Bank of America

161 Change Bridge Road                                          2007:  $   3,090.00

Block 182  Lot 7

C&C Riverside Dr. Assoc.

21-25 Riverside Drive                                                      2007:  $   7,725.00

Block 176  Lot 1

O’Dowd Realty/Bank of America                 2006:  $  5,900.00

32 Route 46                                                                           2007:  $  9,270.00

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SUBMITTAL OF NJDOT HIGHWAY SAFETY GRANT FUND PROGRAM APPLICATION – SAFE CORRIDORS:  Police Department applying to fund an ongoing aggressive campaign to enforce motor vehicle laws on Route 46.  Cost estimate being applied for is up to $47,000.

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING PARTICIPATION IN THE PARIS GRANTS PROGRAM THROUGH A SHARED SERVICE WITH THE COUNTY OF MORRIS:

Be it resolved by the Mayor and Council of Montville Township, THAT:

                 WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (Paris) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, a top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

WHEREAS, in the 2008-09 grant cycle, priority funding will be given to county projects to perform shared services with their municipalities; and

WHEREAS, Montville Township desires to collaborate with the COUNTY OF MORRIS in the performance RECORDS PURGING AND TAXONOMY STUDY; and

WHEREAS, Montville Township is acknowledging that their eligible funding of $50,000.00 will be leveraged with the COUNTY OF MORRIS; and

WHEREAS, the Township of Montville is acknowledging that the COUNTY OF MORRIS would be both the lead agency and the applicant for such a proposal; and

NOW, therefore, be it resolved by the Mayor and Council of Montville Township, that the Governing Body does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

ADOPTED by the Mayor and Council of Montville Township at a meeting held on January 22, 2008.

CONSENT AGENDA ITEM G – PROCLAMATION DESIGNATING FEBRUARY 26,2008, AS ‘SPAY DAY USA.”

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING THE EXERCISE OF AN OPTION TO EXTEND THE CONTRACT TO CARRIER CORPORATION FOR THE PREVENTION MAINTENANCE AND REPAIR SERVICES OF THE HEATING AND AIR CONDITIONING SYSTEMS FOR AN ADDITIONAL ONE YEAR:

WHEREAS, bids were received on November 6, 2006 for the Prevention Maintenance and Repair Services of the Heating and Air Conditioning Systems; and

WHEREAS, the lowest responsible bid of $10,690.00 was submitted by Carrier Corporation; and

WHEREAS, the bid included an option to extend the contract for a second year; and

 WHEREAS, the Township Finance Officer has recommended the exercise of the option to extend the award to Carrier Corporation and has certified 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 Carrier Corporation shall be awarded a one year extension of the contract for the Prevention Maintenance and Repair Services of the Heating and Air Conditioning Systems, for a contract price of $10,690.00 contingent upon the availability of funds.

Motion:  Daughtry.  Second:  Bader.  Discussion:  Daughtry asked if the library contract is on this.

Frances Vanderhoof, Director of Finance, stated we are renewing.  They have to go to a new contract.  They are looking to get in on this vendor.

Roll call vote – Daughtry, yes; Sandham, yes; Bader, no; Braden, yes; Nielson, yes.  Resolution adopted.

NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE COUNTY OF MORRIS FOR THE REPLACEMENT OF THE RATHBUN ROAD CULVERT:

                WHEREAS, there is a concrete culvert under Rathbun Road for a tributary of Beaver Brook which shows signs of deterioration including exposed reinforcing steel and deteriorated concrete; and

                WHEREAS, while many culverts of this size have been maintained by the County there is no record of the County having accepted this culvert and the County will not accept the culvert until such time as it is brought up to County standards for acceptance; and

                WHEREAS, the Township and the County have agreed that it is necessary to replace the culvert and the County has agreed to accept the culvert as a County facility upon completion of the replacement culvert; and

WHEREAS, the Township and the County have agreed to equally contribute towards the cost of design and permitting for the replacement of the culvert.

                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 revised Agreement for the design and permitting for the replacement of the Rathbun Road culvert with the County of Morris in the form attached hereto.

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

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND LANDMARK APPRAISAL, LLC:  Appraisal Block 59.1, Lot 5 and Block 76, Lot 15.2.  $3,400.00.

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

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ECOLSCIENCES, INC.:  Environmental consulting services Block 59.1, Lot 5 and Block 76, Lot 15.2.  $3,600.00.

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

NO. 5 – RESOLUTION AUTHORIZING TRANSFER OF FUND GENERAL OPERATING FUND 2007:

WHEREAS, various 2007 bills have been presented for payment this year, 2008, which bills were not covered by order number and/or recorded at the time of transfers between the Budget Appropriation in the last two months of 2007; and

                WHEREAS, N. J. S. 40A-4-59 provides that all unexpended balances carried forward after the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

                NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that the transfers in the amount of $37,047.33 be made between the 2007 Budget Appropriation Reserves as follows:

                                                                FROM                                    TO

Facilities Mgt. S & W                       $25,000.00

Health Dept. S. & W                            $17,047.33

Facilities Mgt. OE                                                                                     $ 9,300.00

Roads, OE                                                                                                   $16,500.00

Fleet, OE                                                                                                      $  1,500.00

Fire Inspector S & W                                                                             $     425.47

Electricity                                                                                                    $  9,000.00

First Aid Squad S & W                                                             $  1,166.00

Senior Services OE                                                                                 $  1,500.00

Street Lights                                                                                               $  2,655.86

Motion:  Daughtry.  Second:  Braden.  Discussion:  Sandham stated this is about the fourth transfer.  We need to take a look at why this is happening for next year’s budget.

Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

NO. 6 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS SEWER 2007:

WHEREAS, various 2007 bills have been presented for payment this year, 2008, which bills were not covered by order number and/or recorded at the time of transfers between the Budget Appropriation in the last two months of 2007; and

                WHEREAS, N. J. S. 40A-4-59 provides that all unexpended balances carried forward after the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

                NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that the transfers in the amount of $4,835.00 be made between the 2007 Budget Appropriation Reserves as follows:

                                                                FROM                                    TO

Par-Troy Treatment OE                $4,835.00

Social Security                                                                      $4,835.00

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

NO. 7 – RESOLUTION APPROVING MINUTES SPECIAL MEETING 9/18/07; REGULAR MEETINGS 10/23/07; AND 01/08/08:

Approval of minutes - special joint meeting with the Board of Education 9/18/07.  Motion:  Bader.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, abstain; Nielson, yes.  Resolution adopted.

Approval of closed session and public session minutes - regular meeting 10/23/07.  Motion:  Bader.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, abstain; Nielson, yes.  Resolution adopted. 

Approval of closed session and public session minutes – regular meeting 01/08/08.  Motion:  Bader.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

NO. 8 – 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:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

NO. 9 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ROBERT F. HEFFERNAN & ASSOCIATES:  Appraisal Block 59.1, Lot 5 and Block 76, Lot 15.2.  $3,500.00.

Motion:  Daughtry.  Second:  Bader.  Discussion:  Daughtry stated he is concerned – now they are paying for a second appraisal.  Roll call vote – Daughtry, no; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

NO. 10 – RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION:

                WHEREAS, Montville Township owns on-site “underground storage tank (UST) systems” as defined by N.J.A.C. 7:14B-1.6, consisting of two (1) – 8,000 gallon unleaded gasoline tank, and one (1) – 3,000 gallon medium diesel fuel (No. 2-D) and associated ancillary equipment, located at 86 River Street, Montville Township, Morris County, New Jersey.  The NJDEP P.I. # is 002789; and

               

WHEREAS, pursuant to N.J.A.C. 7:14B-1.6, gasoline and medium diesel fuel is defined as “Hazardous Substances”.

                WHEREAS, on September 27, 2007, a Department representative inspected the facility, and issued a Field Notice of Violation (FNOV) to Montville Township for the following non-compliant items, among others:

1.             Release detection monitoring for tanks/product piping not performed, in violation of N.J.A.C. 7:14B-6.1(a)1.

                WHEREAS, on October 23, 2007, the Department determined that Montville Township corrected the violations cited in the September 27, 2007 FNOV; and

                WHEREAS, Montville Township is subject to an assessment of civil administrative penalties for the above referenced New Jersey Underground Storage of Hazardous Substances Act, (N.J.S.A. 58:10A-21) violations in accordance with N.J.A.C. 7:14-8.5; and

                WHEREAS, the Department, in its discretion, may adjust the penalty in accordance with N.J.A.C. 7:14-8.5(i) and has agreed to adjust the penalty in the interest of resolving this matter which the Township of Montville has agreed to accept.

                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 Settlement Agreement with the State of New Jersey Department of Environmental Protection in the form attached hereto, and to pay a penalty of $5,000.00 in settlement of the penalty imposed by the Department.

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

NO. 11 – RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND JOHNSON, MURPHY, HUBNER, MC KEON, WUBBENHORST, BUCCO & APPELT, P.C.:  Legal services 2008.  Martin Murphy, Esq., Township Attorney.  $175,000.00.

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

COMMITTEE COMMENTS:

Committeewoman Bader – none.

Committeeman Sandham asked if we received the $27,000 Morris County JIF refund.  Bastone answered yes.

Sandham said regarding the first aid squad they many want to consider setting up a subcommittee with them regarding funding for this year.  Also, we need to have a final resolution on the buildings. 

Sandham stated they need to talk about the budget process – if there is going to a subcommittee or not.

Sandham stated they had talked about two Township Committee members having a meeting with the freeholders about funding and grant opportunities.  I think that would be a good thing for us to do.

Nielson stated that is a good idea.  We should bring to the table a list from the Township Committee as a whole.  Nielson requested Mr. Bastone coordinate.  He will ask the Department Heads for their input.

Committeeman Daughtry stated he attended the Recreation meeting.  He is looking into what actually costs for us to provide services to the seniors, etc.  I inherited the same memo about the field lighting costs. 

Daughtry stated regarding the Historic Preservation Review Commission, he spoke to Nancy Condit.  She understands the term length change.  I am looking to give them the official statement as to the term length change at their meeting Monday night.

Daughtry spoke regarding Cablevision.  Mt. Olive seems to be getting a technology grant and free service.  Mr. Bastone will look into.

Chairwoman Nielson stated the Chamber of Commerce dinner is March 1.

Nielson stated they have a request from Mr. O’Dowd to look at the properties in the area of the Changebridge Road extension.  I have reached out to our Township Engineer to give us an update on that.  The properties are still at the Planning Board.

Committeeman Braden reported the Environmental Commission has requested a secretary. 

Braden stated it is his intent to reduce the length of their Township Committee meetings.  He will be attending town council meetings in neighboring towns to determine why they get the job done in half the time.  One possible change would be to go to a work session followed by an actions session.  Our own Board of Education has gone to this format and now gets twice as much done in half the time.  He requested that Mr. Bastone investigate this possibility and report back.

Braden stated according to our Charter, our Mayor has three specific powers that separate him or her from the other members of the committee.  First, he or she runs the meeting.  Second, the Mayor signs checks and documents.  Third, the Mayor acts in a ceremonial capacity such as marrying people and ribbon cuttings.  Unfortunately, over the last thirty years, the role of the Mayor has mushroomed into something far beyond the intent of the Charter.  While the majority of the blame for this clearly goes on past elected officials, we are just as guilty if we allow the practice to continue.  Specifically, I would like to fine-tune this.  I have heard people say, “You’re the Mayor now, it’s your problem,” or “talk to so and so, they’re the Mayor now.”  This is wrong, and I would object to it.  The Mayor gets no more of the grief than the rest of us.  By the same token, the Mayor gets no more of the credit for the accomplishments of this Committee.

Braden suggested everyone should read the Charter.  There is a hierarchy laid out in the Charter.  Basically it states that Mr. Bastone works for us and everyone else works for Mr. Bastone.  It is improper if a member of this committee directs or assigns a task to a Department Head or municipal employee without going through Mr. Bastone.  If someone disagrees with this, I think we should hash it out right now.

Sandham stated the Constitution of the United States was formed and written approximately 220 years ago.  There is room for amendment and changes.  It is a living and breathing document.  The interpretation that it had then is different than the interpretation that exists today.  The Charter that was put together also has different interpretations to it even though technically it is not amendable without it going to the legislature.  While a strict interpretation might have existed when the Charter was put in place, don’t you think there are different interpretations that can exist today?

Braden stated the Charter Study Commission recommended following the Charter, which I took an oath to do as did you.  Sandham stated he agrees and feels this should not end with us going into executive session.  If there is a perspective that things have changed, this committee needs to understand that and agree to that as a group of five.  Maybe not tonight, but at another meeting. 

Braden stated that is fine.  This is not the world according to Tim Braden.  This is the charter that we took an oath to.  Sandham stated I understand that, but I don’t think that silence by the Township Committee means agreement with what you said, and I think that needs to be discussed.

RESOLUTION NO. 2008-CES-012208B 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 – Blue Collar Contract.

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

At 9:55 p.m. – Closed Session.

Meeting adjourned at 10:21 p.m.  Motion:  Sandham.  Second:  Bader.  All in favor.  Motion approved.

Respectfully submitted,

                                                                               

Gertrude H. Atkinson, Township Clerk

Last Updated ( Friday, 22 February 2008 )
 
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