Montville Township Committee Regular Meeting
Tuesday, April 8, 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 Vice-Chairman Sandham: “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
Committeeman James Sandham, Jr.
Committeewoman Jean Bader
Absent: Committeeman Tim Braden
Chairwoman Deborah Nielson
Also present: Frank Bastone, Township Administrator
Frances Vanderhoof, Director of Finance
Martin Murphy, Township Attorney
Gertrude Atkinson, Township Clerk
RESOLUTION NO. 2008-CES-040808 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 – Changebridge Road extension; Tipcor; Litigation – Tax Appeal Pernwill Associates; Tax Appeal Novin; Contract Negotiations – ambulance contract.
Motion: Bader. Second: Daughtry. All in favor except Braden and Nielson - absent. Resolution adopted.
At 7:15 p.m. – Closed Session. At 8:00 p.m. – Public Session.
Vice-Chairman Sandham 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. 2008-14 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROVIDING FOR REIMBURSEMENT TO THE TOWNSHIP FOR CONTAINMENT AND/OR CLEAN-UP OF HAZARDOUS MATERIALS:
Vice-Chairman Sandham opened the public hearing. Hearing no comments, Vice-Chairman Sandham closed the public hearing. Motion: Daughtry. Second: Bader. All in favor except Braden and Nielson, absent. Motion approved.
Motion to adopt ordinance: Bader. Second: Daughtry. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, absent; Nielson, absent. Ordinance adopted.
NO. 1 – ADMINISTRATOR: Frank Bastone, Township Administrator, reported on the 2008 budget. We tentatively finalized the numbers at our meeting two weeks ago. I provided the Township Committee with updated exhibits. I suggest we tentatively schedule the budget for introduction at the next meeting.
Camp Dawson – near the entrance there is a large electrical panel for field lighting. Landscapers have volunteered to landscape around it in exchange for name recognition. The DPW did look into an enclosure, but it is too expensive. Township Committee* – ok.
*For purposes of these minutes, Township Committee refers to members Daughtry, Sandham, and Bader only.
NO. 2 – ATTORNEY’S REPORT: None.
NO. 3 – FINANCE: Frances Vanderhoof, Director of Finance, reported of the 16 organizations that were asked to submit financial reports, four have not responded. I have sent a letter and a reminder. I will send one more reminder to lacrosse, soccer, TCA, and historical society. I will report at next meeting.
Sandham stated to put some teeth behind that we have an ordinance where the Township supplies support services for certain town events that might be sponsored by some of those organizations. At some point, this Committee may want to consider amending that to say that if they haven’t filed timely reports, they won’t be entitled to the services. We need to understand how they are spending the money we sometimes fund for these. That is something for the future the Township Committee needs to think about.
NO. 4 – ENGINEERING: None.
PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:
Maurice Soussa, 33 Tara Lane, Montville, asked if there has been any progress made about the open ditches on Pine Brook Road. There was one accident in the ditch last winter. Bastone stated the cost associated with that did not make it into the capital budget – approximately $10,000. That was for the study and the permit applications. There is a good chance the DEP would not approve it.
Soussa stated it is a safety issue.
Sandham stated the Engineer felt the DEP would not give us the permits. Unfortunately, he is not here tonight. I suggest you talk to the Engineer or come to the next meeting to talk to him.
Soussa stated he will do that. I know you can get a permit – it can be done.
Roberta Sammit, Ridge Drive, Montville, stated our train tracks became a freight train line. On Sunday, there are at least 15 cars attached to a locomotive. Is there anything we can do? Bastone stated the problem is railroads are federal regulations and municipalities have very little to say about how they operate.
Sandham asked if they are required to notify us of any dangerous substances? Bastone answered whatever the federal regulations provide.
Public portion closed. Motion: Bader. Second: Daughtry. All in favor except Braden and Nielson – absent. Motion approved.
NO. 1 – NJ TRANSIT – ROUTE 202 OVERPASSES: Bastone reported on March 26 we met with NJ Transit and the Morris County Engineering Department to discuss aesthetic enhancements to the two overpasses in Towaco. We also touched on the Changebridge Road/Route 202 overpass. The bottom line is NJ Transit does not make this a high priority. If they are structurally sound, it is not a high priority for aesthetics. It was suggested that Morris County contact NJDOT to solicit funds to do something with the overpasses. They will investigate that; however, they will not submit a grant application if it competes with any other applications they have in with the NJDOT.
Painting the overpasses – two years ago we were made aware that there was money in the budget to paint them. They will see where that money is or try to find some money for that.
Route 202 improvements – Daughtry stated it is going to take about three months for the County to get the right-of-way for the traffic signal.
NO. 2: ANIMAL CONTROL – MORRIS COUNTY REGIONAL STUDY: Bastone reported the draft report has been done by the County. The report has not been made public yet. We met with Morris County on March 25 to review the findings. They are advocating finding a number of regional facilities and Montville is one of them. The County has indicated they are willing to participate in soft costs; but at this point, the construction and operating costs would be on the municipality. When we went into this process, we were looking for more of a financial commitment from the County. This goes for the other municipalities also. Myself and another town will probably be writing a letter. I will be having further conversations with the County.
Daughtry stated he was at the meeting. I was surprised.
Sandham stated he thought from the beginning this was going to be a complete County function. This takes it into a whole different arena.
Bastone stated he will put in a letter it should be built by the County and run by the County. I will request a meeting with them and the other towns that are being considered as other hubs.
Daughtry stated if this Committee wants, I will go to a freeholder meeting.
Sandham stated get a letter drafted. Let the Mayor see it.
Sue Goldblatt, Montville Pet Parents, asked how many swings do we take with the County? We have had several options on the table. 5th Base is now completely obscuring the animal shelter. I am sure there will be problems when baseball starts. Montville Pet Parents would like to sit down with Frank Bastone and Art Daughtry and brainstorm as a team and move forward.
Daughtry stated the firemen with their efforts at 86 River Road – they have numbers for asbestos removal, etc.
Goldblatt stated approximately $50,000. There was a time that you were going to look at 86 River for the animal shelter.
Daughtry stated the money is still there for the asbestos removal and demolition of 86 River Road. We are demolishing the building. Just maybe you can reach out to asbestos removal companies for 7 Church Lane. Then possibly we can look at 7 Church Lane. If the fire department has found someone who could do the asbestos removal cheaper maybe they could help.
Goldblatt stated this is one of the things we could meet and talk about as a team. I mentioned to Frank Bastone that we need to sit down and talk about how to move this forward.
NO. 3 – MORRIS LAND CONSERVANCY: Bastone stated there are two issues. One is the contract. One is the request to demolish the old garage and replace it with a new office building.
Daughtry stated make sure the Historic Preservation Review Commission is handled. Move antique machines that are there.
Sandham stated I would do this as an addendum to the lease, not start the clock over again. As to the contract, I know you reached out to Open Space. I think a conversation would be in order. There are some reservations on the services provided for the fees.
Bastone stated the contract in 2006 was $10,500. In 2007, it was $7,500. That contract eliminated a number of the services. I suggest we go back to the 2006 services for the 2007 price. Township Committee – ok.
Sandham stated some people on the Open Space Committee feel we get the same services as other towns, and we provided them with a facility at a very minimal price. Township Committee – ok with Frank Bastone’s recommendation.
Township Committee agreed – proceed with amendment to the lease.
NO. 4 – WHITEHALL ROAD: Bastone stated is has been suggested that we write a letter to Morris County to re-stripe Whitehall Road to make it one lane. It would include turning lanes. Township Committee – ok. Bastone stated the Engineer will write the letter.
Steve Sammit, 2 Ridge Drive, Montville, asked why? It seems to work the way it is. Sandham stated this is only the section from the trestle to the firehouse. Daughtry stated to slow the traffic down.
Sammit stated it seems like the County doesn’t do much. Can’t we make the County do something? Contact our legislators? Sandham stated the County is not under the State legislature. It wouldn’t hurt if two Township Committee members sit down with the County.
Township Committee agreed – send letter as per Mr. Bastone’s recommendation.
MORRIS LAND CONSERVANCY: Bastone stated Mayor Nielson had suggested having the garage looked at by the Planning Board. Murphy stated the present lease kind of exempts them from that. Murphy read the provision in the lease. Township Committee – ok.
2008 BUDGET: Sandham stated Mr. Bastone talked about the budget earlier. We have an effective increase of 5.43%. The spending increase was less than 3%. The rest of the balance of the increase came from revenue cuts. The State cut $232,000 out of our budget and there have been other revenue shortfalls. We are doing the best we can. I just wanted that out there so people understood.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA7: Motion: Daughtry. Second: Bader. All in favor except Braden and Nielson – absent. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT 2008: Block 125, Lot 9, 8 Eberhardt Court, $563.42. Duplicate payments.
CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE RETURN OF CASH BOND POSTED WITH THE TOWNSHIP OF MONTVILLE: Woodmont Properties, Block 144, Lot 24, 4 Michelle Way, road opening $550.00.
CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING PERFORMANCE BOND – PAUL MILLER AUTO – BLOCK 160.2, LOT 9 – 51 STILES:
WHEREAS, Paul Miller Auto, the developer of property known as Block 160.2, Lot 9 (51 Stiles Lane), is required to submit a Performance Guarantee to the Township of Montville; and
WHEREAS, Paul Miller Auto has submitted a Performance Guarantee in the form of Irrevocable Standby Letter of Credit No. OD08001218 issued by Valley National Bank in the amount of $31,500.00 and cash in the amount of $3,500.00; and
WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance.
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 Performance Guarantee submitted by Paul Miller Auto in the form of Irrevocable Standby Letter of Credit No. OD08001218 issued by Valley National Bank in the amount of $31,500.00 and cash in the amount of $3,500.00 s hereby accepted. The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.
CONSENT AGENDA ITEM D – RESOLUTION RELEASING ALEXIS ACKER, BLOCK 122, LOT 19, 174 PINE BROOK ROAD, FROM PERFORMANCE ROAD:
WHEREAS, Alexis Acker, the developer of property known as Block 122, Lot 19, has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that the Planning Board has authorized a waiver of certain conditions of the minor subdivision approval for which a performance Guarantee was posted and the balance of the improvements will be constructed by the Township with the developer reimbursing the Township for its costs; and
WHEREAS, the Township Engineer 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, that the Performance Guarantee posted by Alexis Acker in the form of Letter of Credit No. JS64135571 in the amount of $31,614.20 issued by Fleet National Bank shall be released based upon the agreement to post cash in the amount of $31,614.20 with the Township for the completion of the improvements.
CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING A POSTPONEMENT OF THE COMMENCE DATE FOR THE HATFIELD CREEK GABION CHANNEL IMPROVEMENTS:
WHEREAS, the Township Engineer has received a request from C & F Masonry, Inc. t/a C & F Builders, the contractor for the Hatfield Creek Gabion Channel Improvement Project, for a postponement of the commencement date of April 1, 2008; and
WHEREAS, the Township Engineer has recommended that the request for a postponement of a commencement date be granted and that the new commencement date be July 1, 2008.
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 request of C & F Masonry, Inc. t/a C & F Builders to postpone the contract commencement date for the Hatfield Creek Gabion Channel Improvement Project to July 1, 2008 is hereby granted.
CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:
WHEREAS, Revised General Ordinance 5.60 requires the issuance of a permit by the Township of Montville for temporary or seasonal retail sales in warehouses; and
WHEREAS, Christine Valmy, Inc. has filed an application and all fees for a warehouse sale permit; and
WHEREAS, the application filed by Christine Valmy, Inc. conforms to the requirements of the Township Ordinance;
WHEREAS, the signage plan dated 03/27/08 has been approved as follows: Four signs only. Signs may be placed from April 21 to May 10, 2008, and must be removed within 24 hours after last day of warehouse sale.
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 a warehouse sale permit be issued to Christine Valmy, Inc. for the following dates: April 21 to May 10, 2008.
CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO WESTPORT CORPORATION:
WHEREAS, Revised General Ordinance 5.60 requires the issuance of a permit by the Township of Montville for temporary or seasonal retail sales in warehouses; and
WHEREAS, Westport Corporation has filed an application and all fees for a warehouse sale permit; and
WHEREAS, the application filed by Westport Corporation conforms to the requirements of the Township Ordinance;
WHEREAS, the signage plan dated 03/26/08 has been approved as follows: Four signs only. Signs may be placed from May 2 to May 10, 2008, and must be removed within 24 hours after last day of warehouse sale.
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 a warehouse sale permit be issued to Westport Corporation for the following dates: May 2 to May 10, 2008.
CONSENT AGENDA ITEM H – RESOLUTION IN SUPPORT OF THE SUBMITTAL OF A GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL GRANT:
WHEREAS, grant funds are available through the New Jersey Department of Transportation’s Safe Routes to School Program; and
WHEREAS, the Montville Township Committee, with the support of the Montville Township Board of Education, and the County of Morris has recommended that an application be submitted for funding for the installation of a sidewalk on Changebridge Road; and
WHEREAS, the installation of a sidewalk on Changebridge Road will make walking to Lazar Middle school much safer for students and enhance all pedestrian safety in Montville Township; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that the appropriate officials of the Township are authorized and directed to submit an application for the New Jersey Department of Transportation’s for a Safe Routes to School Grant.
NO. 1 – APPOINTMENT TO BOARD OF HEALTH: Bader stated she spoke to all three applicants. One of them has a conflict with the meeting night. The other two are very eager. Charles Perry, Board of Health Chairperson, recommends Dr. Belmont.
Appointment of Dr. Ronald Belmont, Sr., to the Board of Health for an unexpired three-year term ending December 31, 2009. Motion: Bader. Second: Daughtry. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, absent; Nielson, absent. Resolution adopted. Bader stated she will contact the applicants tomorrow.
NO. 2 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND HJGA CONSULTING – PARTIAL RESTORATION MONTVILLE MUSEUM: Motion: Daughtry – for the basis of discussion. Second: Bader. Discussion: Daughtry stated he thought they were concerned about where the money was coming from. Bastone stated Mr. Barile addressed the contract in his memo.
Sandham stated this is authorizing $27,500, but following that would be over $200,000 of additional monies to be spent on the Museum. The question I have is how much money have we spent on the Museum? I realize we have applied for grants. We put money toward those grants. As a taxpayer in New Jersey, at what point do we stop spending the money on building up something that we are not sure the level of attendance, value, etc.
Vanderhoof have a financial report for next meeting.
Daughtry stated it is a looking back and a looking forward. The value for the money – it is great we get all of the grants. It is a matter of how much more taxpayer money we will spend.
Bader asked if there was any way to find out the usage of the museum.
Bastone stated for next meeting we will have an accounting of money spent and applications made.
Sandham asked what did we spend in Phases I & II. Are there more phases? What is the attendance at the museum?
Table to next meeting. Motion: Daughtry. Second: Bader. All in favor except Braden and Nielson – absent. Motion approved.
NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND COFFEY & ASSOCIATES: Woodmont Estates environmental litigation. Not to exceed $25,000.00.
Motion: Daughtry. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, absent; Nielson, absent. Resolution adopted.
NO. 4 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES: Approval of closed session and public session minutes - regular meeting 12/11/07; special meeting 12/16/07; and reorganization meeting 01/02/08. Motion: Bader. Second: Daughtry. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, absent; Nielson, absent. Resolution adopted.
NO. 5 – 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: Daughtry. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, absent; Nielson, absent. Resolution adopted.
Committeewoman Bader stated the Pine Brook Jewish Center will be sending out invitations for their Holocaust Remembrance Service on April 30. We will be presenting proclamations.
Committeeman Daughtry asked if we received a formal response from the BPU on the power outage. Bastone answered no.
Daughtry asked if the Police Department addressed with JCP&L that they could not communicate with them real time either. They had to fax information in. Bastone replied he will check with the Chief.
Daughtry stated FIOS is not coming to our municipal buildings. They are also changing the definition, so we may not even qualify. We are working through that.
Daughtry reminded everyone that they need to talk about the table of organization.
Committeeman Sandham stated they received a letter and resolution from the Borough Peapack Gladstone regarding property tax relief. I think we need to send the message also. Would like to draft a similar resolution and put it on the next agenda.
Sandham stated we received a letter from a resident regarding the Township’s delay in getting the roads open in the power outage. Bastone stated I thought the letter was about the JCP&L wires being down, and we couldn’t touch certain roads. That is again a JCP&L issue.
Sandham asked if Rathbun Road was repaved today. Bastone answered he did not have a chance to check that. It should have been.
Sandham stated we talked about updating the facility use policies. Bastone stated Adam Brewer is working on that. He met with Maryann Witty today. We are finding there are a third set of regulations having to do with Recreation facilities. Sandham stated there are a number of organizations that have questions. It would be good to get a document out so everyone knows and understands.
Sandham stated they received a letter from Changebridge @ Montville Condominium Association about the Kelly Bill and the responsibility of maintaining the infrastructure. Bastone stated he responded.
Sandham asked where we stand with the inspections that are supposed to be done by June 30 for all the condo roads. Bastone stated they are in progress.
Sandham asked if we will give them notice of deficiencies. Bastone answered yes, in writing.
Sandham reminded everyone of the school board election next week on April 15.
Meeting adjourned at 9:15 p.m. Motion: Daughtry. Second: Bader. All in favor. Motion approved.
Gertrude H. Atkinson, Township Clerk