MTC Meeting Minutes 11-27-07 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, November 27, 2007, 7:00 p.m.

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

 

8:00 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

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

Lazar Middle School 8th grade students present and participating in meeting:  Serina Bsales; Matthew Mareiniss; and Elizabeth Mertz.

 

Prayer and Pledge of Allegiance led by Matthew Mareiniss.

 

Chairman Daughtry stated Committeeman Sandham and I were asked to speak to the Lazar Middle School 8th grade students on career day.  We asked if any of the students wanted to participate in a Township Committee meeting. 

 

PROCLAMATION HONORING GFWC MONTVILLE TOWNSHIP WOMAN’S CLUB 45TH ANNIVERSARY:

 

WHEREAS,            The GFWC Montville Township Woman’s Club was organized in 1962 supporting the General Federation of Women’s Club Special State Projects and the New Jersey Federation of Women’s Clubs projects which include Statue of Liberty Restoration, Community Food Bank, Operation Smile, Early Intervention for   Learning Disabilities, and Domestic Violence; and

 

WHEREAS,            The Woman’s Club founded, organized, and sponsored the Montville Township Senior Citizen Organization in 1975 and was instrumental in the establishment of the community center and the renovation of its kitchen; and

 

WHEREAS,            The Woman’s Club and its members were the recipients of Montville Township Chamber of Commerce awards in 1974, 1977, 1982, 1997, and 2003, receiving the Organization of the Year Award in 2001; and

 

WHEREAS,            The GFWC Montville Township Woman’s Club sponsors two high school juniors at the Girls’ Career Institute at Rutgers University, awards two Lucille Cumming Memorial Scholarships to high school graduates, and awards a Scholastic Improvement Award to a Lazar Middle School graduate; and

 

WHEREAS,            The Woman’s Club sponsors Montville Township’s Annual Blood Drive, annually supports the Township’s Earth Day, Holiday Lighting Celebration, Project Graduation, Town-wide Garage Sale, Arbor Day Celebration, 4th of July Celebration, Make a Difference Day, and supports the Animal Shelter, and distributes homemade cookies to local nursing homes; and

 

WHEREAS,            The GFWC Montville Township Woman’s Club donated an organ and benches to the High School, a heart monitoring machine to the First Aid Squad, three resuscitators to the Police Department, and 3,000 mastectomy comfort pillows to local hospitals; 

 

NOW, THEREFORE, The Township Committee of the Township of Montville, County of Morris, New Jersey, do hereby extend their appreciation and recognition to the members of the GFWC MONTVILLE TOWNSHIP WOMAN’S CLUB on the occasion of the club’s 45th Anniversary for their dedication to the community of Montville Township.

 

Dolce Viera, President, Montville Township Woman’s Club, thanked the Township Committee.  She stated she would also like to especially recognize Audrey Barnish, who is also present with them this evening.  She is a charter member of the club.

 

DISCUSSION ITEMS:

 

NO. 2 – RATHBUN ROAD DRAINAGE:  Chairman Daughtry stated he would like the students to participate in this discussion.  He opened the meeting up for public discussion on this subject.

 

David Virkler, 14 Rathbun Road, Towaco, read a letter into the record regarding the problems on Rathbun Road in connection with the Laurel Grove subdivision:  drainage problems, construction vehicles, lawn damage, mud, possible loss of trees, and an unsightly filter tank.  He also reviewed concerns that were previously voiced at Planning Board meetings.  Mr. Virkler provided pictures to the Township Committee members. 

 

Daughtry stated they did do their homework on this.

 

Anthony Barile, Township Engineer, stated the developer does have to provide as-built plans.  Mr. Virkler is absolutely correct that the storm filter structure was not on the approved plans.  The DEP required them to put that on the plans after the plans were approved.  The developer was instructed by the Planning Board engineer, Stan Omland, to do an as-built survey so he can review the entire system.  The developer’s engineer, Mr. Omland, and myself will be meeting next week to review the plan and see what we can do to remedy the situation. 

 

Daughtry stated the Planning Board did not have a chance to critique this filer system because the DEP required it and it was added to the plans.  Barile stated that is correct.

 

Committeewoman Nielson asked when this was approved by the Planning Board.  Virkler stated in 2005. 

 

Barile stated they have a meeting set for next week, and I expect Mr. Omland will be taking it back to the Planning Board. 

 

Nielson asked if there was a soil movement permit required.  Barile answered yes, the Township Committee approved it.

 

Gail Roughgarden, 8 Rathbun Road, Towaco, stated my husband and I hired a tree expert to come out and assess the possible damage to the three 35-40 foot pine trees.  They are all adjacent to the new roadway and the water filtration structure.  There is one tree that lost about 35% of its root structure.  His main suggestion was to remove it and reaplace it with three Norwegian spruce trees.  The other two trees should be ok if the contractors don’t go above or below the dripline.  The cost would be approximately $5,300 and $300 for the report.

 

Mrs. Roughgarden submitted a copy of the report to Chairman Daughtry.  Daughtry stated he will get the report to the Planning Board and Mr. Barile.

 

Nielson stated submit a copy of the invoice for the tree expert also.

 

David Roughgarden, 8 Rathbun Road, Towaco, stated one of the problems is the changes without being notified.  Now, they might be changing the flow of the culvert right down in front of my house.  I don’t know if this is true or not. 

 

Barile explained what is on the plan he has that was approved by the DEP.  The Township and the County together are replacing the culvert. 

 

Gary Annibel, 15 Rathbun Road, Towaco, stated the lot that is being developed is called for to be open space in the master plan.  He stated his concerns:  soil conversion – I do believe some of the actions there are in violation of the storm water management ordinance.  They have dumped concrete and not maintained the silt fence.  I would like the Township Committee to ask the Engineer to look at those problems.  The construction trucks are parked on the road.  They are forever bringing equipment in and out.  It is difficult to get out of the road as they block it.  We are looking for the town’s support and guidance on that.

 

Daughtry stated if they don’t leave you a clear path out, call the police.

 

Barile stated he will definitely talk to the developer tomorrow.  If there is difficulty, they should call the police.

 

Daughtry asked the students what they thought of the development, as they were asked to look at it prior to the meeting.

 

Matthew Marieniss stated he thought it was real interesting.  It is a big problem and there are some serious issues. 

 

Elizabeth Mertz stated she thinks it is a problem because the trees are dying and it is swampy.

 

Serina Bsales stated when she was there; they had a problem getting out of there.  There was a truck blocking them.

 

Daughtry thanked the three students for taking the time and going down there. 

 

Nielson stated they will be taking the message back to the Planning Board to address the issues.

 

John Swauger, 48 Bloomfield Avenue, Pine Brook, asked how does the Planning Board override a master plan in regard to open space.  If that was done, how does it get corrected?

 

Martin Murphy, Township Attorney, stated the open space plan is a wish list, a guideline.  If the developer does not want to donate it or sell it to the Township, they have the right to develop it. 

 

Nielson stated the Open Space Committee was not active at that time.

 

Kathleen Sommers, 18 Forest Place, Towaco, asked if it was approved by the Planning Board in 2005 pending DEP approval, doesn’t it have to go back to the Planning Board?

 

Murphy stated that could be the issue, and an issue that the Planning Board has to deal with. 

 

Daughtry stated that is the question we are dealing with in one way or another.  I want to thank the citizens for coming out tonight.  We did try to fast track this for more information tonight but dealing with as-builts, that just couldn’t happen.

 

Daughtry asked what is going to be done about the house that has no access.  He has no driveway that I can see.  Barile stated he will check with the developer.  There has to be some arrangement.  It is owned by the developer of the property. 

 

Nielson stated the vehicles on both sides of the street – I think the police or construction department must get more proactive.  This has been going on since August.  This could be going on for many more months.  Possibly designate one side of the street for parking.  I would like for Chief Cook to look at this and starting enforcing this.

 

Virkler asked if they could be notified of the changes.  Daughtry answered yes, we will be sure the Planning Board notifies you. 

 

Virkler stated the parking problem – I asked them to park on their 3½ acres, they said it is muddy.  Now Rathbun Road is muddy.  There is no access for emergency vehicles or the tenant back there.  This needs to be tended to immediately.  I think they want to dump a lot more fill back there.  I think you should find out if they are in excess of the fill requirement. 

 

Barile stated he will have an update at the next Township Committee meeting.  He will personally meet with the police. 

 

Committeewoman Bader asked if it were possible to issue a stop work order.  Barile stated there has to be very specific issues.  We did look into that.

 

NO. 1 – KONNER AVENUE DRAINAGE:  Frank Bastone, Township Administrator, referred to the engineer’s design of the new drainage improvements being recommended. 

 

Barile stated this affects #’s 116 and 114 Konner Avenue.  He displayed and described the plan.  Our proposal is to extend the drainage system.  We have met with both property owners out there.  They are in agreement.  We also have an agreement with the Nicoletti’s, in the back, to do some handwork to help the inlet.  The next step would be for my office to draw up easements and have them filed by the Township Committee.  Then the DPW can start work. 

 

Daughtry asked if the DEP was involved.  Barile answered no. 

 

Carl Ventricelli, 116 Konner Avenue, Pine, Brook, thanked the Township Committee.  We saw the drawing, and we think it is ok.

 

Bastone stated the cost will be $1,800 in the 2008 budget. 

 

Nielson stated this connects to Hatfield Creek.  Do we have monies we can draw upon?  Bastone stated they will look into that.

 

NO. 3 – PINE BROOK ROAD DRAINAGE:  Bastone reported the Township Committee has Mr. Barile’s report on the cost of the permits. 

 

Barile stated he met with Lt. Peterson, Traffic Safety Officer, and they reviewed the entire length of Pine Brook Road.  The worst area is #179 to 181, which includes the Greenbriar Nursing Home area.  He displayed a map.  The cost to apply for the wetlands permits is $8,500. 

 

Nielson stated she would also like to know the cost of construction and the man-hours –an estimate.

 

Barile stated for the DEP application they would need an environmental consultant.  That is included in the $8,500.  A rough estimate of the construction is $100,000 – priced as a bid project. 

 

Nielson asked if it could be done in-house.   Barile replied as far as expertise and equipment, yes.  It would depend on scheduling.  Our consultant feels we have a 50/50 chance of getting approval. 

 

Committeeman Sandham stated we do have some money leftover in this year’s contingency capital fund we could use. 

 

Bastone stated we have the 5% down payment in the capital fund.  We would have to adopt a capital bond ordinance.  That cannot be done this year as there is only one meeting left.

 

Township Committee consensus – put in as a budget recommendation so they can see the ranking.

 

Sandham stated he would like to appropriate the $8,500 now so they can get started since it is a safety issue and there are 2007 funds left.  Bader and Moscone agreed.

 

Frances Vanderhoof, Director of Finance, stated they would introduce that ordinance in January.

 

Nielson stated her only concern is if there are any other recommendations from the engineer or administrator as to any other priority concerns for that 2007 capital money.  She deferred her decision.

 

Motion to appropriate the $8,500 in January made by Committeeman Moscone.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, abstain; Daughtry, yes.  Motion approved.  All of the students voted yes.

 

At this time, the Township Committee thanked the students for their participation and presented them each with a Montville Township hat.  The students left the meeting at this time.

 

RESOLUTION NO. 2007-CES-112707 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:  Attorney-client privilege in connection with the GI Auto property rezoning item next on the agenda.

 

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

 

At 9:22 p.m. – Closed Session.  At 9:34 p.m. – Public Session.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 3 – ORDINANCE NO. 2007-51 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:

 

Chairman Daughtry opened the public hearing.

 

John Swauger, 48 Bloomfield Avenue, Pine Brook, stated this ordinance process has been going on for a long time.  The Planning Board and Township Committee know the feelings of the residents in the area.  The ordinance is a pretty decent outline of what the town’s people have asked for.  I just hope that the Township Committee take into consideration all of the arguments.  Age-restricted housing – the community feels this is a win-win situation.  It does not put a strain on the school system.

 

Swauger stated self-storage limits traffic.  One of the chief concerns down there is traffic.  Traffic studies have been done down there.  The traffic goes through the back roads trying to get on Route 80.  It is a detriment to our kids. 

 

Swauger stated hotel/retail mixed use as long as it is small; no one has a real problem with this.  Maybe it will bring in a few jobs.  At least it will not be a big box that is running trucks, etc.  It is a nice neighborhood, and we want to keep it that way.  The ordinance is a nice outline for possible uses for that property.  I hope that you vote the wishes of the people you serve.

 

Kevin Boswell, Engineer, Boswell Engineering, stated he would like to make a 10-minute presentation.  Township Committee agreed.

 

Boswell showed a map of the site before 2004.  In late 2005, they came before the Township Committee for a rezoning request for 4,000 units - adult housing.  The Township Committee held up the request at that time because of a pending lawsuit on the property.  Debris was removed from the site.  Boswell displayed map from after 2006.  We came back for the rezoning.  We met all of the Planning Board requirements.

 

We found out last year from the DOT that it was possible to gain access on Route 46.  It was at that time we found out the market for adult housing evaporated.

 

A lot of the people who live in the neighborhood questioned the density, height, and number of units.  In mid 2007 the Planning Board engaged Mr. Burgis to do a study of the viable uses on the site.  They determined the existing salvage use is completely inconsistent.  They identified retail, including big box, mixed use, hotel/retail, residential age-restricted, self-storage, and 4-story age-restricted as being acceptable.

 

We maintained that Lowe’s was interested in the property.  In June we met with the Mayor, Deputy Mayor, and an employee of Lowe’s.  The Planning Board submitted their recommendation to the Township Committee.  One October 23, the Township Committee considered the recommendation from the Planning Board with Mr. Burgis reporting on his study.   The residents spoke.  The Township Committee voted to eliminate the retail as a principal permitted use from the ordinance and sent it back to the Planning Board.  November 19 the Planning Board voted to say the current modification was inconsistent with the master plan.  They did not rubberstamp it.  We have spent over a year and hundreds of thousands of dollars on this.  We have Lowe’s committed to the site.  We have currently met with the NJDOT and the NJDEP.  We will be submitting a site plan to the Township.  If the Township Committee eliminates retail we will go before the Board of Adjustment for the following reasons:

 

The existing use is undesirable; the increase in tax revenue; increase in property values; access Chapin Road/Route 46; 400-foot buffer from Maple Avenue; cul-de-sac Maple Avenue; upgrades to Bloomfield Avenue; creation of a nature preserve along the Passaic River.  The recent action of the Township Committee to remove the retail as a permitted use is not supported by the Planning Board or the testimony or reports of the Planner.

 

If the Lowe’s project is not approved, it will remain a junkyard.  They will not realize the increase in tax revenue.  We recognize the concerns of the residents, and Lowe’s and the property owner are willing to spend in excess of $4 million for access to Route 46.  We respectfully request the Township Committee reconsider it’s actions at their last meeting and revise the ordinance so the application you have right now can be reviewed by the property regulatory agency – the Planning Board.

 

Veronique Combs, 4 Adamary Place, Pine Brook, asked if soil samples have been taken from way down – 8, 10, 20 feet?  Daughtry replied this is a zoning ordinance.  If you have concerns on that, you can bring it up during public portion or when the site plan is before the proper regulatory agency.

Combs stated another issue is garbage.  Murphy stated that is usually a site plan issue.

 

Nielson stated there are subsections in the land use code that they would have to comply with.

 

Combs stated lighting – would it be on 24/7?  Murphy stated this ordinance has removed the big box concept.  That is also a site plan issue.  Murphy stated page 10 of the ordinance is about lighting.

 

Nielson stated once a site plan is submitted, there would be a whole series of public meetings with notification.  There is another whole layer of approvals that have to be met.

 

Combs asked about flooding.  Nielson stated they have to comply with certain federal and state standards.

 

Combs asked about John Street Park.  Nielson stated that is not part of this particular property.

 

Sylvia Walits, 60 Maple Avenue, Pine Brook, stated I hope you remember all of the times we have come before you.  I understand the developer might be losing money, but we are staying in this town forever.

 

Susan Generic, 3 Helton Terrace, Montville, stated she would like to see a Lowe’s in this community where the junkyard resides.  I am worried about our taxes.  I want you to think about what can bring tax dollars to our community. 

 

Maria Calvetti, 28 Hixson Court, Montville, stated eliminating the junkyard and increasing the tax revenue is crucial to our town. 

 

Swauger stated I didn’t hear the possible of using the Bloomfield Avenue bridge for emergency access only.  Living on Bloomfield Avenue, I can tell you the traffic is horrendous.  I agree with the lady, I don’t want to see a junkyard in our community.  What is good for the community – there has to be checks and balances.  No matter how much taxes are brought into the town, it doesn’t really help that much.

 

Art Weber, John Street, Pine Brook, stated I live within a block of where the junkyard is.  He read the whereas statements in the ordinance - promote public safety, health, welfare.  We don’t believe a big box would help any of this down there.  The people that are involved in this are the residents, the developer, and the owner.  We love the area, and this is going to change the area forever.  You have to listen to us.  We live there forever.  We thank you for approving this.

 

Carl DeBacco, 36 Bloomfield Avenue, Pine Brook, stated I have lived in this town for over fifty years.  The junkyard was there before we moved into town.  We had no problems with it growing up.  I thought it was a great idea to put housing on the property.  It disturbs me that the junkyard may still be there.  I think the big box is a good solution.  My opinion is that big box should be put back in the way it was originally from the Planning Board. 

 

Christine Heany, 1 Adamary Place, Pine Brook, stated we knew the junkyard was there when we moved in.  My children cannot go outside between 4 and 6 p.m.  It takes me 20 minutes to get home, and I work two miles away.  I never see a cop down there.

 

Murphy stated as required by law, the Planning Board has reviewed and responded.  They have provided their minutes and that should be part of the record.  Mr. Burgis, Planning Consultant, wrote a memo dated November 20, 2007, and pointed out that the Planning Board did recommend the change in the ordinance that was sent back to them which removed the concept of the big box.  The Planner also acknowledged that if the proposed zoning is inconsistent with the land use element of the master plan, it requires an affirmative vote of the majority of the full membership of the governing body, and they have to set forth reasons for adopting such an ordinance if it is inconsistent with the master plan.  Also, I wanted to state the uses in the ordinance – page 3:  age-restricted housing, self-storage facilities, hotel, retail, and residential mixed use, essential public utility and service facilities including maintenance facilities and structures, accessory uses customarily incidental to the above uses including parking facilities and signs.  That is the suggested uses for the property. 

 

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

 

Nielson stated I questioned the number from the applicant which he got from Mr. Burgis – revenue $1.2 to $1.3 million.  I asked the Tax Assessor.  I would like to provide the current information from him:  Home Depot, 116,000 s.f., yearly taxes $256,765.  If you take that and double it for Lowe’s - $600,000 in taxes.  There is a huge discrepancy here.  We do recognize that it is more than what is paid by the current property owner.  This has not been reviewed with our Planner and hopefully he will change that as appropriate.

 

Moscone stated when we discussed this a few years ago, we discussed Bloomfield Avenue – to limit that somehow and use it only for emergency.

 

Boswell stated we discussed having it as only emergency access.  With this site plan, our request is primary access off of Route 46 with a one-way access from Bloomfield Avenue.

 

Moscone asked Maple Avenue is a cul-de-sac?  Boswell answered yes.  Moscone asked about John Street Park.  Boswell stated that offer remains.  Moscone stated you have done everything we asked.  Everyone in this room is saying get rid of the junkyard.  We are close.  I don’t think by eliminating something right now, when we can spend a little more time and address the traffic issue, if we can.  The Planning Board did recommend a certain use.  Now, a month later it is not that use.  It think we need to sit down with the owner, the residents, and the developer and see if we can resolve the traffic and the access.

 

Sandham stated given the level of tax revenue, the age-restricted housing generates twice as much revenue as the big box in their example.  You would have higher tax revenue in thirty years with age-restricted housing.  I don’t know if age-restricted housing would happen sooner than 15, 20 years down the road.

 

Sandham stated the real question has to be do we take the chance that it continue in the junkyard capacity for 15 years and then it be turned into age-restricted housing or another of the uses.  Are you willing to take that chance – that it remains undeveloped for another 10 or 20 years?

 

Nielson stated the cycle is less than 15 years.  I would think it will look right to someone in less than 15 years, but it is a gamble.  We have two rezoning requests before us now to allow age-restricted housing.  It is valuable property along Route 46.

 

Motion to adopt ordinance:  Nielson.  Second:  Bader.  Discussion:  Sandham stated we put forth that the current proposal is not consistent with the master plan.  If it had big box, would it be consistent with the master plan?  Murphy answered no.

 

Murphy stated and that is basically what our Planner has told us.  In the preamble he talks about the purpose of the land use law – to promote public health, safety, and general welfare of the community.

 

Murphy stated the Planner goes on to add in his report dated November 20, 2007, the following:

 

Several of the findings included in the recommended amendment provide a basis for the inconsistency with the Master Plan, although we offer several additional items in support of the zone amendment for the B-6 Business District, as follows:

 

  1. The Municipal Land Use Law requires that land development ordinances be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land;

 

  1. This is an area within the Township of Montville that has historically been utilized as an auto junkyard, yet with its location along Route 46, close proximity to residential development, and physical relationship to the Passaic River has significant potential for both redevelopment and, for a portion of the property, open space preservation;

 

  1. The Township of Montville has determined that it is appropriate to rezone the property to facilitate the site’s redevelopment with an array of uses that will complement the area’s established development pattern to a much greater degree than the current zoning allows;

 

  1. The township’s population has experienced a significant increase in its aging population;

 

  1. The available census data indicates that, between the years 1990 and 2000, the percentage of the township’s population that is minimally age fifty-five increased by fifty-two percent (52%), from 3,102 residents to 4,721 residents;

 

  1. The State of New Jersey has stated a legislative intent indicating that the provision of senior citizen housing is to be encouraged in light of the above;
  2. One of the explicit purposes of the Municipal Land Use Law is to encourage senior citizen housing;

 

  1. The planning board has made a determination that age restricted housing, mixed-use hotel/ retail/age restricted housing, and self-storage facility would be appropriate in a new B-6 Zone subject to specific regulatory controls contained therein.

 

Murphy suggested adopting a resolution stating that they are aware of the fact that the ordinance is inconsistent with the master plan for the reasons stated in the Planner’s report.  Motion:  Sandham.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

 

Motion to adopt ordinance:  Nielson.  Second:  Bader.  Roll call vote – Moscone, no; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Ordinance adopted.

 

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.

 

Murphy stated the description of the property is on the survey.  It is a very narrow portion being vacated.

 

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.

 

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

 

Committeeman Moscone left the meeting at this time.

 

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.

 

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.

 

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

 

NO. 4 – 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:

 

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.

 

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

 

NO. 5 – 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:

 

Chairman Daughtry opened the public hearing.  Hearing no comments, Chairman Daughtry closed the public hearing.

 

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

 

Committeeman Moscone returned to the meeting at this time.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported on the website.  There are a couple of glitches with links that I expect to have fixed by tomorrow.  I will then send it to the Township Committee to review and get back to me with any comments.

 

NO. 2 – ATTORNEY:  Murphy distributed a litigation status update dated November 1 to the Township Committee.

 

NO. 3 – FINANCE:  Vanderhoof presented a Chapter 159 resolution to the Township Committee for adoption.  Captain Rosellini applied to Wal-Mart for a grant, and we received $2,000 for ballistic shields.

 

RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2007 Municipal Budget:  Revenue title:  Contribution to police/Wal-Mart Corp. $2,000.00.  Appropriation title:  Police, ballistic shield $2,000.00.  Local Match-Source:  None.  Motion:  Sandham.  Second:  Nielson.  All in favor.  Resolution adopted.

 

NO. 4 – ENGINEER:  Barile stated he received a schedule from the Morris County Engineer regarding the Towaco traffic signals.  They expect to have plans and specs by January which means they can go to public bidding in January.

 

Barile stated they resubmitted the Hatfield Creek de-snagging project plans last week with a copy of the cover letter to Assemblyman Joe Pennacchio.

 

Barile spoke regarding Manchester drainage.  The residents were in and had questions.  I posed two questions to our consultant.  Barile distributed report dated October 29, 2007, from the consultant and reviewed it.

 

The residents have not seen this report yet.  Bastone and Barile agree with the report.  Township Committee authorized Barile to send the report to the Manchester residents.

 

Township Committee requested Barile’s letter regarding Hatfield Creek be sent to the residents.  Bastone will contact Mr. Parcel.

Barile reported the Viewmont Terrace project began today.

 

DISCUSSION ITEMS:

 

NO. 4 – HIGHGATE STREET LIGHTS:  Bastone reported the developer has abandoned the job.  We will handle the performance guarantee.  JCP&L has contacted us about turning off the streetlights.  We need to make an exception to the policy of not accepting streetlights until all the improvements are met.  The past due on the lights are the responsibility of the developer.  My recommendation is to take over the streetlights now so they are not turned off. 

 

Motion accepting Township Administrator’s recommendation.  Sandham.  Second:  Nielson.  All in favor.  Motion approved.

 

NO. 5 – WATER RATES:  Bastone referred to Tom Mazzaccaro’s memo dated November 14, 2007, illustrating a water rate module with a single tier model and a multi-tier model. 

 

Mazzaccaro stated the increase in revenue would be about $208,000.

 

Township Committee agreed to introduce ordinance in January.

 

NO. 6 – ANIMAL CONTROL CONTRACTS:  Bastone recommends a 4% increase.  Motion:  Moscone.  Second:  Bader.  All in favor.  Motion approved.

 

NO. 7 – ALCOHOLIC BEVERAGE CONTROL ORDINANCE AMENDMENT:  Bastone reported they have an ordinance on the books that does not allow “bring your own bottle.”  I have talked to the Police Chief and the Chamber of Commerce.  They are in support of the proposed amendment allowing for “bring your own bottle.”

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked if we provide the pickup of stray animals for other towns.  Bastone answered yes, in some cases.

 

Lefkowitz asked if the Montville Messenger is still quarterly.  Bastone answered yes.  Lefkowitz asked if there has been any movement on the recommendations on the Montville Messenger.  Bastone stated we are looking at different printing options.  Bastone stated we are not paying the ad commission any longer.  The Township Clerk’s office is now taking that over.  I expect to see a savings of $15,000 to $16,000 per year on that aspect alone.  We are also continuing to look at other avenues and; in fact, we are looking at the report that you did also.

 

Lefkowitz stated the minutes are going back to July on the website.  Atkinson stated they are through August.  Daughtry stated we have to work on that.

 

Lefkowitz stated he heard each of the different departments will be responsible for putting their information on the website.  The Board of Health voted not to put their minutes on the website.  The Health Officer is a Township employee.  Does he go by the Board of Health or the Township guidelines to put everything on the web?

 

Daughtry stated let’s let it fall out naturally.  If that is an issue, it will be dealt with at the appropriate time by the appropriate people.  Let’s get the website up first.

 

Lefkowitz asked if it is possible to have the documents you are talking about at the meeting available to the public either outside prior to the meeting or on the website.  Bastone stated he would not be comfortable with his report being released before the meeting.  After it is discussed here, he would have no problem with it.

 

Daughtry stated his goal is a paperless meeting with everything up on a screen during the meeting.  Township Committee agreed they will think about that.

 

John Swauger, 48 Bloomfield Avenue, Pine Brook, stated he believed the Deputy Mayor asked if the Police Chief could do a traffic study in his area.  Was that done?

 

Daughtry stated they went to the State, and they got zero support.  Nielson stated she spoke to Chief Cook about speed bumps, one-way’s, etc., and she did not hear back from him.  She will follow up with him.

 

Barile stated one of the options with the State was the one-way, and they would not approve it.  We had a whole subcommittee.

Swauger asked if they can please look into the stacking issue again.

 

Swauger stated there is a 12-ton bridge down by GI Auto.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2007-54 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO INCLUDE NEW CHAPTER 3.02 ENTITLED “FEES”:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for December 11, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2007-55 APPROPRIATING $172,493.00 TO THE CAPITAL BUDGET FOR VARIOUS PUBLIC IMPROVEMENTS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for December 11, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

 

NO. 3 – ORDINANCE NO. 2007-56 AMENDING CHAPTER 13 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  Meter boxes.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for December 11, 2007, at 8 p.m.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

 

NO. 4 – ORDINANCE NO. 2007-57 REPEALING SECTION 9.28.030 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE (THE SECTION BEING REPEALED PROHIBITED THE CONSUMPTION OF ALCOHOL ON PREMISES OF AN UNLICENSED RESTAURANT OR PUBLIC PLACE):

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for December 11, 2007, at 8 p.m.  Motion:  Moscone.  Second:  Sandham.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007-CA21:  Motion:  Moscone.  Second:  Nielson.  All in favor.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT 2007:  Duplicate payments.  Block 59.4, Lot 30, Ronald DeVito, 38 Kanouse Lane, Montville.  $8,248.95.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE RETURN OF CASH BOND POSTED WITH THE TOWNSHIP OF MONTVILLE:  Block 125.7, Lot 19.2, 40A Horseneck Road, soil stabilization.  $1,000.00.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:  12/3 to 12/10/07 and 12/15 to 12/31/07.  Signage plan dated 11/1/07 approved – four signs only.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING 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

 

                        Facilities Management, Operational Supplies            $5,000.00

                        Roads, Operational Supplies                                              $5,000.00

                        Township Clerk, Elections                                             $1,797.03

                        Public Assistance, S & W                                         $   300.00

           

            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                                                          $12,097.03

 

                        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:  Moscone.  Second:  Nielson.  All in favor.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF AN 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 replacement of the culvert and will split the design, permit, construction, and inspection costs.

            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 the replacement of the Rathbun Road culvert with the County of Morris in the form attached hereto.

 

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

 

NO. 3 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Bader.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Resolution adopted.

 

NO. 4 – RESOLUTION MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND GRANT AGREEMENTS – APPLETON GATEWAY (DELLECHIAIE) AND JEGGE PRESERVE:

 

WHEREAS, the Morris County Board of Chosen Freeholders created the Morris County Open Space and Farmland Preservation Trust Fund; and

 

WHEREAS, the Township of Montville submitted applications for grant funds for the Appleton Gateway (Dellechiaie) and Jegge Preserve; and

 

WHEREAS, the Township of Montville has been awarded Morris County Preservation Trust Fund Grant funds in the amount of $445,000 for the Appleton Gateway (Dellechiaie) and $20,000 for the Jegge Preserve;

 

NOW, THEREFORE, be it resolved by the Township Committee of the Township of Montville that the appropriate Township officials are herein authorized to execute grant agreements with the County of Morris for $445,000 and $20,000 in 2007 Morris County Open Space and Farmland Preservation Trust Funds.

 

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

 

COMMITTEE REPORTS:

 

Committeewoman Nielson stated there have not been library minutes posted on the website.  Daughtry requested Nielson send an e-mail to Charlie Schmidt.

 

Committeewoman Bader stated the Historic Preservation Review Commission met last night.

 

Committeeman Moscone stated the lacrosse club is going to have their registration next week.  They are charging an extra $5 per person for lights.  Is that not correct?

 

Nielson stated that is very nice.  Sandham stated the Recreation Commission sent a memo to us that they do not endorse this.  Bastone stated they want a broader base.  My suggestion is to let them develop their idea and bring it back to us.

 

Nielson stated back in 2005, the Recreation Commission started working on building a fund for turf maintenance and replacement.  I have implored them to make their recommendation.  I would ask that the Township Administrator direct them.  We can send a letter to lacrosse thanking them.  We should contact soccer.

 

Daughtry stated he agrees with Frank Bastone.  Nielson stated put a timeframe on that.  Bastone stated he will send a memo asking them to develop a broader based system.

 

Committeeman Sandham distributed his seminar report.  I think there are some grant opportunities we should take advantage of.  I talked about the MEL/JIF seminar.  There are a number of things we should be doing.  I will talk to the Administrator about it.

 

Sandham asked if we are going to address sewer rates as well as water rates.  We need to come up with a different model.  It is very difficult on our senior citizens.  Bastone stated he will talk to Tom Mazzaccaro.

 

Chairman Daughtry asked about the radio to the Boonton Fire Department.  Bastone stated he will work on that.

 

Daughtry spoke about the animal shelter – 300-foot buffer, 7 Church Lane.  You won’t be able to do anything.  We need to look into that.  Bastone stated we need to have a discussion on the shared services aspect of it also.

 

Nielson stated these are new regulations.  I feel Stan Omland and Tony Barile should meet.  No one understands the regulations yet. 

 

Daughtry stated they need a letter to Verizon showing all of the town locations asap – fire departments, water & sewer, board of education, Township, first aid, library, etc.  We are entitled to free service. 

 

Daughtry stated Melinda Jennis wants to work with the Township Committee for a place to work with children with six wireless laptops.

 

Meeting adjourned at 11:50 p.m.  Motion:  Bader.  Second:  Moscone.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 27 March 2008 )
 
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