MTC Meeting Minutes 12-11-07 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, December 11, 2007, 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 Chairman Art Daughtry:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Present:          Committeeman Stephen Moscone

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeewoman Deborah Nielson (arrival 7:15 p.m.)

                        Chairman Art Daughtry

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2007-CES-121107 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:  Property Acquisition; Litigation – Woodmont Properties; Personnel; Contract Negotiation – Meadows Condominium Association.

 

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

 

At 7:05 p.m. – Closed Session.  At 8:10 p.m. – Public Session.

 

Prayer and Pledge of Allegiance led by Committeeman Moscone.

 

RECOGNITION OF TOWNSHIP EMPLOYEES:  The Township Committee recognized and presented watches to employees who reached 25 years or more of service:

 

            Edward Rosellini            27 years

            Richard Tichenor           27 years (present)

            Kathy Codella                 26 years (present)

            Donald Cole                   26 years

            Robert Hempelman       26 years

            David Johnson               26 years (present)

            Keith Kelly                      26 years

            Donald Welter                26 years

 

Chairman Daughtry also read the names of those employees who have already been recognized for their years of service:

 

            Robert Peer                   37 years

            Charles Helmstetter      35 years

            Edward Rosenbergen   34 years

            Brian Laird                     33 years

            Douglas Laird                33 years

            Eugene Peer                 32 years

            Frances Vanderhoof     32 years

            Lillian Abate                   31 years

            Maryann Witty               31 years

            Roger Atkinson             29 years

            Wayne Guarino            29 years

            Donald Hatzel               29 years

            John Wozniak               29 years

            Joan Gnall                     28 years

 

PRESENTATION TO COMMITTEEMAN MOSCONE FROM DISTRICT 26 ASSEMBLYMAN ALEX DE CROCE:  Assemblyman Alex DeCroce presented a resolution on behalf of himself, Assemblyman Pennacchio, and Senator Robert Martin to Steve Moscone on the occasion of his retirement from the Township Committee.

 

PUBLIC HEARINGS:

 

NO. 1 – PUBLIC HEARING REGARDING AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CERTAIN MUNICIPAL FACILITIES 2008:

 

Chairman Daughtry opened the public hearing.

 

Martin Murphy, Township Attorney, reported we received a letter from the low bidder that they are withdrawing their bid.

 

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

 

NO. 2 – ORDINANCE NO. 2007-54 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO INCLUDE NEW CHAPTER 3.02 ENTITLED “FEES”:

 

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

 

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

 

NO. 3 – ORDINANCE NO. 2007-55 APPROPRIATING $172,493.00 TO THE CAPITAL BUDGET FOR VARIOUS PUBLIC IMPROVEMENTS:

 

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

 

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

 

NO. 4 – ORDINANCE NO. 2007-56 AMENDING CHAPTER 13 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  Meter boxes.

 

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

 

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

 

NO. 5 – 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):

 

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

 

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

 

DISCUSSION ITEMS:

 

NO. 1 – MONTVILLE PET PARENTS PRESENTATION:  Capital campaign to build a new animal shelter presentation by Sue Goldblatt and Eleanor Doyle, Co-chair of the capital campaign.  They distributed draft brochure to be mailed to homes and businesses.  Also, they distributed copies of pages from the MPP website.  Sue Goldblatt went over the capital campaign section on the website.   

 

Goldblatt asked what happens when the MBSA opens 5th Base in April – the entrance. 

 

Frank Bastone, Township Administrator, stated the entrance is going to remain as is.  He discussed it with MBSA.

 

Goldblatt asked about timeframes.  Bastone stated he attended two of the shared services meetings.  They are looking at presenting a report to the Morris County Freeholders by the end of March.  We need to participate in this study.  The study is looking at a variety of alternatives.  One is a regional facility in Montville.  If the County wants to do this, it could potentially save the taxpayers $100,000’s. 

 

Goldblatt stated she noticed they would be discussing the budget.  Last year you talked about earmarking around $350,000 for the shelter.

 

Committeewoman Nielson stated she thinks the capital campaign is great.  She would just ask that they coordinate with the town, County, etc. 

 

Goldblatt stated John Bonnani and Linda Murphy were invited to this meeting, so they are well aware of it.  Linda was also sent the website.

 

Daughtry stated he wants to add his support to the MPP.  They have done a lot in a short time. 

 

Goldblatt stated as long as the shelter is built in Montville, the MPP will support it.

 

NO. 2 – ANIMAL CONTROL – MORRIS COUNTY FEASIBILITY STUDY:  Bastone reported he wanted everyone to be aware this study has an aggressive schedule.  I want to make sure everyone is comfortable with it.

 

Daughtry stated he will attend the meetings in January.  He understands the schedule. 

 

Bastone stated this study is looking at all aspects of animal control operations.

 

NO. 3 – RATHBUN ROAD DRAINAGE:  Anthony Barile, Township Engineer, reported last meeting, they had residents attend regarding the Laurel Green subdivision.  Barile gave an update:  Marc Walker submitted an as-built survey.  Also, we met with Stan Omland, Planning Board Engineer.  Mr. Walker was to come up with a couple of schemes to buffer the structure.  We met with the property owner most impacted, Mr. & Mrs. Roughgarden, tonight.  One alternative they are talking about is stone veneer to look like a retaining wall and a lawn planted around and on top.  Second alternative:  move it about 15 to 20 feet to the west where the road grade is a little higher.  Third alternative:  completely enclose it with soil and slope it back.  This would be enhanced by landscaping and drainage.  Mr. Roughgarden seemed to be ok with this scenario and so was the neighbor across the road.  The developer and his engineer were at the meeting.  It seems we are working it out.

 

Daughtry stated he wants to make sure those two residents get in writing exactly what is happening – drainage, etc.

 

Barile stated everything that is being agreed to will be on a plan.

 

Nielson stated she wants to make sure everything is documented and recorded in easements, etc.  Barile stated he will make sure.

 

Daughtry asked if they need to notice the other neighbors.

 

Township Committee agreed they would like there to be some type of notification when there is a formal agreement.

 

David Virkler, 14 Rathbun Road, Towaco, stated he spoke to Mr. Roughgarden, and I don’t think he is agreeing amicably.  He feels he is being dictated to by the DEP.  Can the town influence the DEP?  The structure is disrupting everyone’s view.  Is there no recourse here with the DEP?  David Roughgarden mentioned to me that a very minimal amount of water will go through this tank.  Couldn’t the Township go to the DEP and tell them we have a major neighborhood problem?

 

Virkler stated the parking problem is somewhat lessened.  The mud factor is simply horrendous.  The driveway completion and water main was promised to be done soon and it has not.  There are manhole covers sticking out.  I would request a personal visit from the Engineer about the drying out situation of the northwest corner of my property.  I would suggest we investigate the installation of detention apparatus in there to keep some of that moisture in that corner.  We were turned off on this when we came before the Planning Board. 

Virkler thanked the Mayor for scheduling this subject last meeting and this meeting.

 

Daughtry asked Mr. Barile if they can go back to the DEP.  Barile stated the as-built will not pull any weight with the DEP.  They require the structure.  They don’t care about the location, elevation, etc.  They say it has to be in this general area and it has to filter the water.  I am not saying we can’t approach DEP.  If the Township Committee chooses, it can be remanded back to the Planning Board for them to seek other alternatives. 

 

Committeeman Sandham asked if there are any other alternatives.  Barile stated if DEP requires that filter, no.

 

Nielson stated this is a prefab structure.  You can build a custom structure.  If there are continuing mud and soil issues, are they in violation of their County soil conservation permit?  You can issue a stop work order.  You can investigate parking on one side, etc.  I know there have been staff meetings about this.  I would think Mr. Nardone is aware of what he needs to do.

 

Barile stated after last meeting, I contacted Morris County Soil Conservation, who has the ultimate authority over the conditions of soil.  They found the only thing they need to do is correct the silt fence.  Mr. Nardone was made aware of this.  They are to properly clean up the mud on the road each day.  That is their jurisdiction.

 

Barile stated as far as the traffic, Chief Cook is aware of the traffic and parking.  He is sending patrols there.  I have had numerous conversations with Mr. Nardone on bringing the equipment elsewhere.  He is telling me he is to the best of his ability. 

 

Daughtry stated he would like to have Mr. Roughgarden attend the next meeting.  What happens between now and the next meeting?  Barile stated the way it was left is Mr. Walker is going to draw up a plan and then meet with him again.

 

Daughtry stated he would just want him to come to our meeting if he feels there is any problem. 

 

Committeeman Moscone stated going forward, the Planning Board has to be told that a structure like this has to be custom-made.

 

Daughtry stated in this case, the Planning Board did not know about it.  It was from the DEP after the fact. 

 

Sandham asked if there is anything else we can do.  Barile stated the homeowner is not happy, but he is resolved to the fact that it is there, and we have to do what we can.

 

Barile stated he will look into if there can be a custom design for the structure.

 

NO. 4 – EVERY DROP COUNTS WATER CONSERVATION EDUCATION PROGRAM:  Susan Marinello, Consultant, presented the program’s proposal for 2008:  Grades K through 6 and grade 10. 

 

Committeewoman Bader asked if the K through 3 children absorb the information.  Marinello stated they are key to this program.  They were excluded from it last year.  This year the water consumption jumped. 

 

Nielson asked if the Board of Education received the proposal.  Bus funding?  Marinello replied the BOE pays for the busing.  The Township pays for the private school busing.  The BOE does support the program, but they are not committing to any funding.

 

Nielson asked if Mrs. Marinello made a presentation at a BOE meeting.  Marinello answered no, I did talk to them about it.  They never responded.

 

Nielson asked about grants.  Bastone stated Adam Brewer has met with Mrs. Marinello to look at funding sources.  There are two we are going to pursue in 2008. 

 

Marinello stated Dr. Bowen, Superintendent of Schools, had indicated he is in full support of the program, but we do not know if we have access to grades K through 3.  We need to know about that.  Bastone stated he will take care of that.

 

Thomas Mazzaccaro, Water & Sewer Director, stated the program starts in February.  We came earlier to make sure there are no problems. 

 

Township Committee discussed the proposal of $49,500.  Do they want to approve the $4,000 increase, 9%?  Marinello stated there are 40% more students.  They still need approval from the BOE for the K through 3. 

 

Township Committee agreed approve for all grades provided the BOE approves K through 3.  Make it a priority to pursue the grants.

 

RESOLUTION AUTHORIZING THE AWARD OF AN EXTRAORDINARY, UNSPECIFIABLE SERVICES CONTRACT:  Water Conservation/Education Program 2008, Susan Conover Marinello, not to exceed $49,500.00.  Moton:  Bader.  Second:  Moscone.  All in favor.  Resolution adopted.

 

NO. 5 – REZONING REQUEST BLOCK 52.03, LOTS 19, 21 & 22, VREELAND AVENUE:  Steven Schepis, Esq., representing the applicant:  proposed – six acres senior, 55+, single-family 1½ story clustered development.  We believe there is a need for this type of housing.  We are asking you to refer this request to the Planning Board so they can submit some plans and get feedback.

 

Nielson stated the Planning Board and the Township Committee have received at least 5 or 6 rezoning requests.  A master plan review is a priority for 2008.  They are taking a broad approach to rezoning requests and addressing the master plan as a whole.  We are asking applicants to provide escrow money in the amount of approximately $5,000.  I will state for the record I did meet with the developer after he sent the request to the Township Committee and told him of this.  For the record, I do live in Longview, which is adjacent to this tract, so I will need to discuss this with our Attorney and the Planning Board Attorney. 

 

Refer rezoning request to the Planning Board.  Motion:  Sandham.  Second:  Moscone.  Roll call vote – Moscone, yes; Sandham, yes; Bader, yes; Nielson, yes; Daughtry, yes.  Motion approved.

 

Robert Gannon, property owner, asked what is the target date of the master plan issue?  Nielson stated it will be done in phases.  The Planning Board is working with Mr. Burgis, the Planner, now.

 

NO. 6 – 2008 MUNICIPAL BUDGET:  Bastone distributed the operating expense and salary/wage preliminary budget that has gone through his review process with the Department Heads.  The Township Committee will review.  Sandham asked if $275,000 is a tax point.  Frances Vanderhoof, Director of Finance, stated $276,000.

 

Committeeman Moscone left the meeting at this time.

 

NO. 7 – COMMUNITY DEVELOPMENT:  Bastone stated Community Development Block Grant application packages were handed out at the CDBG meeting the other night, which Adam Brewer attended.  Our recommendation is to reapply for what we applied for last year – improved handicap access at the municipal building.

 

Committeeman Moscone returned at this time.

 

Township Committee agreed on submission of CDBG application as above.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Nick Barrecchia, 11 Eckhardt Circle, Montville, spoke on behalf of Meadows Condominium Association.  They approached the town about the roads and the courts.  We are being denied.  Why?  They are on the maps.

 

Bastone stated he met with Mr. Barrecchia and Mr. Sammit yesterday.  We have a disagreement.  I have told the Township Committee my views.

 

Sandham asked him if his view is consistent with the other condo associations.  Bastone answered yes. 

 

Barrecchia stated they were approved in 2005 by the previous Township Committee.  They are listed on the maps as roads, and they are listed by the post offices as roads.  They were approved by the town when they were developed. 

 

Daughtry stated we accept your comments.  We are not trying to single out the Meadows.  Seven of the eight associations have signed the agreement.  The Administrator has taken a firm position on this. 

 

Bastone stated we had other complexes that I had issues with what is a designated road; such as, Campagna.  The Meadows is the most significant.  I had many discussions with Campagna before we signed the agreement.  

 

Barrecchia stated in our case they are roads.  Mail is delivered.  Garbage trucks go in there to pick up the garbage. 

 

Bastone stated in other complexes, garbage trucks go into parking areas. 

 

Barrecchia stated each one of these roads are on a map.  If we are telling people they don’t live on roads, their homes should be reassessed.

 

Murphy stated assessments are based on the value of your property based on what it can sell for – comparable sales.  The town map has different classes of roads on it.  It has driveways, private roads, etc.

 

Barrecchia asked so where are we going from here?  Is this a complete denial of the roads?

 

Daughtry stated I believe I am speaking for the entire Township Committee that we support the decision of our Administrator, whatever he has marked out on the map as a road.  The Township is willing to take Eckhardt Circle, the two prongs, and the road going down to the clubhouse. 

 

Barrecchia stated they will have to take this to their attorney and also bring out other issues in the Kelly Bill.

 

Howard Hull, 7 Hancock Court, Montville, spoke about Title 39.  If someone parks in front of my driveway, I can call the police.

 

Murphy stated Title 39 also applies to shopping centers, etc.

 

Hull asked if the Township Attorney gave a legal opinion on the roads.  Murphy answered yes, I have consulted with Mr. Bastone. 

 

Daughtry stated this is a subjective process, not objective.  We have reached out to try to tackle these types of problems now.  Twenty years from now you could come before us and say the road needs repair.  The Township Committee in twenty years can say that is not a road.  We are trying to take care of this now.  He spoke about reserve funds, etc.  We are trying to look at the future financial impacts to the people of the Meadows.  Unfortunately, you are the most affected by this.

 

Charles Ziesing, 11 Cain Court, Montville, stated I feel a little abandonment.  I have a home on a city street and am not getting services.  We have legal stop signs on every one of our courtyards.

 

Bastone stated I can show you parking lots that have stop signs.  Just because something has a stop sign doesn’t make it a street. 

 

Dorie Berman, 8 Freedom Court, Montville, stated she has lived there only a little under a month.  I was told that past practice was they were treated as roads.  Daughtry stated the old agreement did not have anything defined.  Berman asked if we were reimbursed previously for the plowing there – the courtyards?

 

Bastone stated case law has been ruled on to cover certain areas that are not roadways.

 

Berman asked if that means the courtyards are covered for reimbursement for snow removal.  Bastone stated I don’t know the answer to that without checking into it.  The case law states that snow removal in courtyards is covered in the Kelly Bill. 

 

Berman stated so the only issue is just the road maintenance.  Sandham stated yes.

 

Steve Sammit, Changebridge at Montville, stated it was stated that 50% of the area is parking.  It is not 50%.  Reserves mentioned.  That doesn’t determine if it is a road or not.  Some of the others had parking areas that were in dispute.  These are not parking areas.  It is a different situation.  If you were to allow these roads, it would not affect the other condos.  I hope you can reconsider.

 

Barile stated all of the roads in all of the condos are Class E – private right-of-ways. 

 

Barrecchia asked Mr. Murphy why he went along with this in 2005.  Murphy answered he was not consulted on it in 2005.  One of the things left open from that was what was and was not designated as roads.

 

Barrecchia stated I believe we will have to go into litigation on this.  We are not getting our just due. 

 

Daughtry stated we decided that we were going to try to take as many private roads as reasonably possible that can be considered as roads by an unbiased person, our Administrator, and we will take them on.  We are trying to be fair.  It affects this association the most because of the way it was designed.  If you want to lobby Frank Bastone more, you can.  I will listen to his recommendation.

 

Steve Sammit stated I think Frank Bastone is incorrect that it is a driveway and not a road.

 

Sandham stated I agree with the Mayor that Frank Bastone has to make the decision.  We had a long negotiation process.  We gave up things also.  We have let the Administrator be consistent across the board.  If you can convince him that what you are saying is a road, then we will go along with that.  

 

Phyllis Erman, 14 Franklin Court, Montville, stated it is not a driveway.  We are not allowed to park in front of our garage.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated sometimes the stop sign at Woodmont Road and Changebridge Road is there and sometimes it is not.

 

Barile stated when the traffic light malfunctions the stop sign is put there.  Mazzaccaro stated he will look into it.  Mr. Lefkowitz will take a picture of it next time it is there.

 

Daughtry stated he appreciates Mr. Lefkowitz’s efforts on the website.  The website is supposed to go online tonight.

 

David Virkler, 14 Rathbun Road, Montville, stated the tank is about 15” from Roughgarden’s property.  How can that be placed there that close?  Murphy replied as long as it is in the right-of-way.

 

Committeeman Sandham and Committeewoman Nielson left the meeting at this time.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2007-CA22:  Motion:  Moscone.  Second:  Bader.  All in favor except Sandham and Nielson – absent.  Motion approved.

 

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENTS (TAX APPEALS):

 

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 2005, 2006, and 2007;

 

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

 

            Block 3, Lot 38.7                   2005:            $4,034.80

            7 Mars Court                           2006:     4,508.08

            Urmston Realty Corp.             2007:      4968.72

                                                TOTAL                      $13,511.60

 

            Block 3, Lot 38.8                   2005:            $2,643.20

            9 Mars Court                           2006:     5,754.24

                                                TOTAL                        $8,397.44

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE RETURN OF 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

 

N. & S. Malanga

9 Montgomery Avenue

Montville, New Jersey  07045

(Block 125.12, Lot 4)

 

 

 

Soil Stabilization

 

 

 

$1,300.00

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

 

CONSENT AGENDA ITEM C – RESOLUTION RELEASING STEPHEN DE SZENDEFFY – BLOCK 109, LOT 44.01, 24 REDDING PLACE – FROM PERFORMANCE GUARANTEE:  Letter of Credit No. 1143, Great Community Bank, $18,000.00 released.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SUPPLEMENTAL GRANT FROM THE MONTVILLE TOWNSHIP LITERACY FOUNDATION, INC:

 

WHEREAS, the Montville Township Literacy Foundation, Inc. has offered a supplemental grant to the Township of Montville in the sum of $1,500.00 for the conduct of a program of instruction and training in English as a Second Language for the sole benefit of individuals residing, working, or worshiping within the Township of Montville; and

            WHEREAS, this grant supplements and amends the existing grant dated April 30, 2007; and

            WHEREAS, the terms and conditions of the original grant are contained in correspondence dated April 30, 2007 from David C. Dixon, Esq., counsel for the Montville Township Literacy Foundation, Inc.; and

            WHEREAS, the Township of Montville desires to accept the supplemental grant.

            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 the letter agreement dated November 19, 2007, between the Township of Montville and the Montville Township Literacy Foundation, Inc. accepting a supplemental grant of $1,500.00.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE LEASE OF THE SENIOR HOUSE TO MORRIS COUNTY FOR USE AS A NUTRITION PROJECT SITE – YEAR 2008:

 

WHEREAS, the Local Lands and Buildings Law N.J.S.A. 40A:12-14(b) et seq. authorizes the lease by municipality of any real property not needed for public use to a public body; and

            WHEREAS, the Morris County Board of Chosen Freeholders has requested the use of the Senior House owned by the Township of Montville for the purposes of the Human Services Department Nutrition Project for site operations; and

            WHEREAS, the Township Committee has determined that a public purpose will be served by the use of the Senior House by the Nutrition Project site operations; and

            WHEREAS, the Township Committee has determined that numerous citizens of the Township of Montville and neighboring municipalities will be benefited by services proposed by the Nutrition Project site operations.

            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 Township officials are hereby authorized to execute the lease attached hereto for the Senior House to the Morris County Board of Chosen Freeholders.

 

CONSENT AGENDA ITEM E – ACCEPTANCE OF RESIGNATION OF MICHAEL DUDDY FROM THE DRUG AWARENESS ALLIANCE EFFECTIVE 01/01/08:  With deep regret.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION APPROVING THE CONSTRUCTION PLANS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE CONSTRUCTION OF HATFIELD CREEK GABION CHANNEL IMPROVEMENTS:

 

WHEREAS, it is necessary for the Township to construct 148 lineal feet of gabion retaining wall and related work to stabilize the bank of Hatfield Creek and stop further erosion; and

            WHEREAS, construction plans have been prepared by Engineering & Technical Resources, Inc., entitled Hatfield Creek Gabion Channel Improvements, dated 7/1/06, last revised 8/24/07 for this project.

            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 construction plans prepared by Engineering & Technical Resources, Inc. entitled Hatfield Creek Gabion Channel Improvements dated 7/1/06, last revised 8/24/07 are hereby approved for construction of 148 lineal feet of gabion retaining and related work; and be it further

            RESOLVED that the appropriate municipal officials are hereby authorized to proceed with advertisement for bids for the construction of 148 lineal feet of gabion retaining and related work.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS:

 

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

 

                        Facilities Management, Operational Supplies            $15,000.00

                        Roads, Snow Removal                                              $20,000.00

                        Township Clerk, Legals                                     $  4,000.00

                        Public Assistance, S & W                                         $     700.00

                        First Aid Squad, S & W                                         $  3,000.00

                        Township Committee, Montville Messenger                  $  5,000.00

                        Township Committee, Miscellaneous                         $  2,000.00

                        Construction, Miscellaneous                                     $  2,000.00

                        Roads, S & W   Snow & Ice Control   O/T                  $  6,000.00

                        Fleet Maintenance, OE                                           $  2,000.00

                        Roads, S & W                                                             $25,000.00**

           

            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

 

                        Facilities Management, S & W                         $25,000.00**

                        Dial A Ride S & W                                                     $10,000.00

                        Administrative & Executive                                            $14,000.00

                        Health, S & W                                                             $35,700.00

           

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

 

Committeewoman Nielson returned at this time.

 

NO. 3 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR JANITORIAL SERVICES TO EXCELLENT BUILDING SERVICES CORP.:

 

WHEREAS, bids were received on November 1, 2007, for janitorial services for various Township buildings; and

            WHEREAS, bids were received with the lowest responsible bid of $4,535.00 per month for all locations for the 2008 calendar year being received from Excellent Building Services Corp. after the apparent low bid submitted by Shamrock Maintenance Co. was consensually withdrawn by the bidder; and

            WHEREAS, the Township Administrator has recommended the award to Excellent Building Services Corp.

            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 Excellent Building Services Corp. shall be awarded the Contract for the janitorial services at various municipal buildings for a contract price of $4,535.00 per month.

 

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

 

Committeeman Sandham returned at this time.

 

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

 

NO. 5 – APPROVAL OF SPECIAL ABC PERMIT FOR SOCIAL AFFAIR – PINE BROOK JEWISH CENTER ARMCHAIR RACE FUNDRAISER 02/23/08:  Motion:  Moscone.  Second:  Nielson.  Roll call vote – Moscone, yes; Sandham, yes; Bader, abstain; Nielson, yes; Daughtry, yes.  Motion approved.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported they are having difficulty with the heat at the dome.  They are working on it.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Vanderhoof reported she was on the phone with Trenton today trying to get the Robbins tract interest.  They claim they are still waiting for a survey and deed restrictions.  They are notifying Mr. Oostdyk tomorrow.

 

NO. 4 – ENGINEER:  Barile reported he was contacted by the County yesterday about the traffic signal renovations.  They have some questions before they can proceed.  The traffic signal at Indian Hill Road/Route 202 – the post office access – can the access (entrance and exit) be off of Indian Hill Road?  I have no problem with that.  Township Committee – ok.  Barile stated the County will approach the post office.

 

Barile stated one of the modifications at that intersection involves relocating one signal pole.  They had made a commitment with the Township Committee, that when they reconstructed/replaced signals, they would replace them with the black poles.  If that is the case, they would have to replace this one and all of the other ones with the new, black ones.  They don’t want to do that now, they just want to move one pole and use the same pole.  Township Committee – ok.

 

Barile stated the second intersection is Whitehall Road/Pinebrook Road.  They want to put a flashing signal in there.  The best way would be to install it on an overhead wire between two existing telephone poles that are out there now.  I have no problem with that.  As far as channelization there, the question is whether to put in a raised concrete island or just a painted island.  I felt we should try the painted.  If it doesn’t work out, do the concrete later.  Mazzaccaro agreed he would rather see a painted island also.  Township Committee – ok.

 

Mazzaccaro stated the Indian Hill Road access to the post office – the large trucks.  Will they fit in there?  Barile stated he will check.

 

NO. 5 – COMMITTEE REPORTS:

Committeewoman Bader stated she has served with Steve Moscone for the past four years.  It has truly been a pleasure working with you.  I wish you all the best.

 

Committeewoman Nielson stated JCP & L property across from Kayhart Lane.  When do we expect a response?  Tony Barile sent a letter only about a week ago.

 

Nielson stated she will miss Steve Moscone.  We will miss your wisdom and guidance.

 

Committeeman Moscone stated 13 years ago I sat up here, and I wanted to change it so it would be a Township Committee for the people and people wouldn’t get “abused.”  We did that.

 

Moscone stated a resident of Margaret Drive has told him that it is the only road in Pine Brook that hasn’t been paved.

 

Committeeman Sandham spoke regarding the Health report.  They only made two food inspections last month.  Water & Sewer report – would like to see the report on the aquifer level again.  At the end of the year, he would like to see a list of how much we pay vendors.

 

Sandham spoke about the issue of the holiday tree lighting.  Can we go back to calling it a Christmas Tree lighting?  I know it was done with all the right intentions.  I went back to the history of it.  It used to be called a tree lighting, then a holiday lighting. 

 

Bastone stated he did not think there was a problem with what he put on the sign:  Holiday lighting, date; Christmas Tree lighting, date; and Menorah lighting, date.  I think that is the answer.

 

Sandham stated to Steve Moscone they didn’t always agree on everything, but I always knew you were doing it for the best interest of Montville.  I appreciate your wisdom and guidance.  I thought you had a great year as Mayor.

 

Chairman Daughtry spoke about the Library HVAC contract.  At last night’s meeting, they only approved their contract for one month.  Can we do a contract together to save money?  Bastone and Vanderhoof will follow up.

 

Daughtry stated Tim Braden will follow up on the baseballs/Condurso’s issue.

 

Daughtry stated he distributed a Mayor’s closeout report.  Frank Bastone’s comments are also on it.  Daughtry stated the only failure he felt was with the Board of Education relocation.

 

Daughtry spoke about the turf field issue.  Joe Marrapodi did sit down with the Soccer Association.  The BOE wants to use the soccer field for lacrosse.  Daughtry read an e-mail dated 12/20/07 from Mr. Marrapodi.  Daughtry stated I do support that it was supposed to be a soccer specific field.  They have already opened up the field to high school soccer.

 

Moscone stated they don’t want to bus the kids to Dawson.  Can one field be opened by the high school earlier for lacrosse practice?  Mazzaccaro answered they will have to talk about it.

 

Daughtry stated he will respond back to the soccer association and to the BOE.  I will go to Tim Lindert and ask him to request to use a field through Maryann Witty.

 

Joe Marrapodi stated when we opened up to football, they adhered to our request – no equipment, etc.  Unfortunately, lacrosse did not.  They moved our goals. 

 

Mazzaccaro stated we are going to secure the goals.

 

Daughtry stated next year, I would like to see the Route 202 study move along.

 

Daughtry stated in 2008, I will be committed to the animal shelter. 

 

Daughtry stated Chris Braden, Linda White, Deb Nielson, and myself need to review our land use practices. 

 

Daughtry stated he needs a letter to Verizon regarding all of our fios points.  Bastone stated Adam Brewer was putting the list together. 

 

Daughtry asked about the letter to the League of Municipalities on the Kelly Bill.  Bastone stated he has a draft.  He will get together with Art Daughtry.

 

Daughtry stated Steve Moscone was a class act from day one.  I wish you the best of luck.  I hope you run again.

 

Daughtry stated I want to thank everyone for supporting me this year.

 

Meeting adjourned at 11:20 p.m.  Motion:  Bader.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Monday, 14 April 2008 )
 
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