MTC Minutes Regular Meeting 04-22-08 Print E-mail

Montville Township Committee Regular Meeting

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

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

 

7:00 p.m. – Statement of Open Public Meetings Act Compliance read by Chairwoman Deborah Nielson:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Present:          Committeeman Art Daughtry

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

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. 2008-CES-042208A 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; Contract Negotiations – Morris Land Conservancy; First Aid Squad; and Blue Collar Contract.

 

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

 

At 7:03 p.m. – Closed Session.  At 8:00 p.m. – Public Session.

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Sandham.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2008-15 APPROPRIATING $175,772.84 TO THE CAPITAL BUDGET FOR VARIOUS PUBLIC IMPROVEMENTS:

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  All in favor.

 

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

 

NO. 2 – ORDINANCE NO. 2008-16 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN GENERAL IMPROVEMENT BONDS, SERIES 1998 AND SERIES 2000, APPROPRIATING $11,100,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $11,100,000 GENERAL IMPROVEMENT REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  All in favor.

 

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

 

NO. 3 – ORDINANCE NO. 2008-17 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE CURRENT REFUNDING OF CERTAIN GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998, APPROPRIATING $1,600,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,600,000 GENERAL OBLIGATION REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  All in favor.

 

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

 

NO. 4 – ORDINANCE NO. 2008-18 REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN OPEN SPACE BONDS, SERIES 2000, APPROPRIATING $2,250,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,250,000 OPEN SPACE REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  All in favor.

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported that the Recreation Commission is recommending we go to bid for the concession at the field house.  They are in the process of making sure none of the sports groups want to operate it.

 

Health insurance – I have initiated the process to look into alternative health insurance plans.  The first step is to write to the state to get an analysis of our loss experience.  The cost to have the State do this analysis is $2,000.

 

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, reported the Township Committee all received a copy of the appellate court’s decision on the Pio Costa case.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported she distributed the report and the financial statements of the organizations that use our facilities.

 

The sale on the dome through GovDeals will not be going through.  The resolution is void for tonight.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported he heard from JCP&L that they endorse our plan for the bypass road.  They will be sending a letter to that affect.

 

We will be accepting bids on April 30 for the paving of Horseneck Road.

 

DISCUSSION ITEMS:

 

NO. 1 – OPEN SPACE TAX LEVY:  Bastone stated the Township Committee has three analyses in their packet provided by the auditors and one should have been received today by e-mail.  The County’s levy is based on equalized assessed valuation.  Our levy is based on the 1999 assessed values. 

 

Committeeman Sandham stated the document received today was a document discussed at Long Term Financial Planning Committee.  It started in 2006.  What was proposed first was that since the Morris County decreased open space tax by one cent, which equates to 1.4 cents in our town, we would increase ours 1.4 cents keeping it revenue neutral to the town’s taxpayers and keeping it in our town.  The County then cut their reduction from one full cent to a half-cent.  That equates to 7/10 of a cent on our tax rate.  Previously, the LTFPC had talked about what was feasible and a proposed one-cent increase in 2008 and a one-cent increase in 2009.  That doesn’t anticipate any more open space purchases in which we would have to increase the debt service to the town.

 

I ran one more scenario (distributed):  Spending an average of $7 million over the next seven years for open space purchases, not proposing a one cent increase in both 2008 and 2009, but proposing it in 2008 and then coming back in 2011 and proposing it, that would allow us $7 million in open space purchases over the next 7 to 8 years and there would be no sunset provision in 2012 as well.  There would still be a fund balance in the black.  Clearly in my mind the 7/10 of a cent should be relatively easy for this Township Committee to decide on.  I think open space is important to the taxpayers, as they have demonstrated in the past.

 

Chairwoman Nielson stated she is in favor of raising it one cent this year.  Open Space is looking at several properties this year.

 

Sandham stated the couple of scenarios did not have interest expense when the fund went negative.  You still have to pay interest when the fund goes negative.

 

Committeeman Daughtry asked if this is still revenue neutral to the taxpayer.  Bastone answered if the County still follows through with the ½ cent decrease, the .7 is revenue neutral.  When you talk about revenue neutral, because the County’s is based on equalized assessed valuation, that is not to say that the taxpayer’s in town are going to see a reduction in ½ cent of what they pay the County.

 

Nielson stated the Open Space fund we have now is going to go in the red with debt service.  Or, it will have to come from the dedicated tax or the general coffers.  There were recommendations last year that we do this regardless of what the County does.  Right now the debt service exceeds the revenues.

 

Bader stated she thinks she would still like to leave it at the 7/10 increase.  Braden stated he agreed with the .01.

 

Township Committee consensus to raise the open space tax .01.  Prepare ordinance.  It will be on the August tax bill.

 

NO. 2 – MONTVILLE MUSEUM:  Bastone stated questions came up when they were previously discussing a professional services agreement for a contractor.  The questions were what has been spent, what will be spent, phases, etc.  You have an analysis from Fran Vanderhoof and a summary from Kathy Fisher as to usage of the museum, etc.  Montville Township started appropriating money in 1997.  Total is $550,000 for past and future funding. 

 

Nielson stated she found this information very helpful.  Sandham stated his question was how many phases.  Now I understand this is the last phase.

 

Daughtry stated as the liaison to the Historic Preservation Review Commission, I think if there are any added expenses going forward, we should identify them.  I thought the majority of the money was grant money.  I know the building has to be preserved.

 

Kathy Fisher, Chairperson, HPRC, stated that building is the first town-owned museum in the State.  That is a big deal.  We did a lot of work at no expense to the Township.  A lot of the money has been grant money.  Ms. Fisher described some of the programs and help they offer to the schools and other organizations.  She stressed the significance of the building.

 

Nielson stated they do have a report outlining all of the grant money, funding, etc.

 

Fisher stated the resolution for HJGA is $27,000, but when you subtract out the grants, it is only $2,000.   

 

Daughtry asked if going forward there are any additional tax burdens that are going to be presented to the Montville taxpayers to complete your efforts.  Fisher answered no.  Also, the Doremus House restoration will cost the town no money at all.

 

Nielson stated we just want to understand if there is a budget going forward.  This is a cooperative effort.

 

Fisher stated on the outkitchen, that was a generous gift from Mrs. Menzies to the town.  That needs to be resolved and finished – the deed work.

 

Fisher stated the Pine Brook Cemetery – we are concerned about the trucks running over the graves.

 

Nielson requested Mrs. Fisher send a report to the liaison, Mr. Daughtry, about everything that has to be done, and we will be happy to get the issues resolved.

 

NO. 3 – INTRODUCTION OF 2008 MUNICIPAL BUDGET:

 

 

Nielson read the budget message on page 3c-1 of the 2008 municipal budget.  The public hearing will be held on May 27, 2008.  Information on the 2008 municipal budget together with a true copy of the budget is available for inspection at the Township Clerk’s office.

 

Bastone stated you have the official budget document, and I have also given you my 7-page exhibits.  My exhibits mirror the auditor’s changes.

 

RESOLUTION INTRODUCTION OF 2008 MUNICIPAL BUDGET:

 

BE IT RESOLVED, that the following statement of revenues and appropriations attached hereto constitute the local budget of the Township of Montville, Morris County, New Jersey for the year 2008.

 

BE IT FURTHER RESOLVED, that the said budget be published in The Daily Record in the issue of April 28, 2008, and that a hearing on the budget will be held at the Municipal Building on May 27, 2008, at 8:00 p.m. or as soon thereafter as the matter may be reached. 

 

2008 MUNICIPAL BUDGET

OF THE TOWNSHIP OF MONTVILLE

COUNTY OF MORRIS

 

 

 

 

 

 

Revenue and Appropriation Summaries

 

 

 

 

 

 

Summary of Revenues

 

 

Anticipated

Final

 

 

 

 

2008

2007 Budget

1.  Surplus

 

 

 

1,850,000

1,633,556

2.  Total Miscellaneous Revenues

 

 

7,388,436

7,918,604

3.  Receipts from Delinquent Taxes

 

 

922,100

769,000

4.   Local Tax for Municipal Purposes

 

 

16,876,843

16,003,025

                             Total General Revenues

 

27,037,379

26,324,185

 

 

 

 

 

 

Summary of Appropriations

 

 

Proposed

Final

 

 

 

 

2008 Budget

2007 Budget

1.  Operating Expenses:  Salaries & Wages

 

8,843,535

8,566,711

                                        Other Expenses

 

9,869,012

9,511,557

2.  Deferred Charges & Other Appropriations

 

430,075

418,167

3.  Capital Improvements

 

 

75,000

65,000

4.  Debt Service

 

 

 

5,619,757

5,637,750

5.  Reserve for Uncollected Taxes

 

 

2,200,000

2,125,000

                       Total General Appropriations

 

27,037,379

26,324,185

Total Number of Employees (Full-Time)

 

111

111

 

 

 

 

 

 

2008 Dedicated Water Utility Budget

Summary of Revenues

 

 

Anticipated

Final

 

 

 

 

2008

2007 Budget

1.  Surplus

 

 

 

 

 

2.  Total Miscellaneous Revenues

 

 

2,322,611

2,125,213

3.  Deficit (General Budget)

 

 

 

 

                             Total Revenues

 

 

2,322,611

2,125,213

 

 

 

 

 

 

Summary of Appropriations

 

 

Proposed

Final

 

 

 

 

2008 Budget

2007 Budget

1.  Operating Expenses:  Salaries & Wages

 

455,651

445,330

                                       Other Expenses

 

1,221,424

1,046,344

2.  Deferred Charges & Other Appropriations

 

100,481

49,060

3.  Capital Improvements

 

 

104,500

111,000

4.  Debt Service

 

 

 

440,555

473,479

5.  Surplus (General Budget)

 

 

 

 

                       Total Appropriations

 

 

2,322,611

2,125,213

 Total Number of Employees (Full-Time)

 

4

4

 

 

 

 

 

 

2008 Dedicated Sewer Utility Budget

Summary of Revenues

 

 

Anticipated

Final

 

 

 

 

2008

2007 Budget

1.  Surplus

 

 

 

 

 

2.  Total Miscellaneous Revenues

 

 

3,893,658

4,362,583

3.  Deficit (General Budget)

 

 

 

 

                             Total Revenues

 

 

3,893,658

4,362,583

 

 

 

 

 

 

Summary of Appropriations

 

 

Proposed

Final

 

 

 

 

2008 Budget

2007 Budget

1.  Operating Expenses:  Salaries & Wages

 

307,100

302,220

                                       Other Expenses

 

2,095,693

2,029,584

2.  Deferred Charges & Other Appropriations

 

51,094

38,952

3.  Capital Improvements

 

 

91,000

281,000

4.  Debt Service

 

 

 

1,348,771

1,710,827

5.  Surplus (General Budget)

 

 

 

 

                       Total Appropriations

 

 

3,893,658

4,362,583

Total Number of Employees (Full-Time)

 

5

5

 

 

 

 

 

 

Debt Information - Bonds, Notes and Loans

 

 

General

Water Utility

Sewer Utility

Utility - Other

Interest on Bonds

1,881,731

189,435

180,340

N/A

Principal on Bonds

3,295,000

251,120

673,880

 

Interest on Notes

97,646

 

238,040

 

Loan Repayments

345,380

 

256,511

 

Payment of Bond Anticipation Notes

 

 

 

 

Outstanding Balance - 12/31/07

49,629,068

4,617,672

11,044,978

 

 

Motion:  Sandham.  Second:  Braden:  Discussion:  Sandham stated he broke the budget down into four main line items:  salaries only up 2.5%; operating expense down $20,000; pensions up 57%; State aid revenue down 8%.  This budget has a 5.4% increase.  Out of that, 2.6% is pensions and 1.5% is lost State aid.  That is 4.1% out of the 5.4%.  The Department Heads have done a good job of trying to pare down the growth and expenses of where we have control.

 

Bastone stated the impact to the average assessed home at $330,000 is approximately $100 municipal portion, and we represent 20% of the tax bill.

 

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

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Christina Renfer, President, Towaco Civic Association, P.O. Box 234, Towaco, spoke regarding the financial statements from different organizations in town.  We are one of those who did not submit.  Why are we on that list?  We feel we are on that list mistakenly. 

 

Bastone stated he feels it is appropriate that the TCA be on the list.  I also agree that there are a few organizations that should be on the list who are not, i.e. Rotary, Kiwanis, and the Chamber of Commerce.

 

Renfer stated she believes the ordinance is not clear enough.  I believe the ordinance was prepared in the beginning for a certain purpose and does not apply to organizations like Kiwanis and us, etc. 

 

Sandham stated the ordinance really had nothing to do with the reason for the financial statements.  It was a policy that we made last year or so.  It was derived from the Township policy on events.

 

Renfer stated we are not the only ones on the list.

 

Sandham stated the other ones should submit.  Renfer stated ok, if they do.  We have nothing to hide. 

 

Nielson stated we will revisit the list and make changes. 

 

Renfer stated we are tax exempt, and we don’t charge our members or members of the public for coming to our events.

 

Thomas Happle, 10 Brookwood Road, Towaco, member of the TCA, asked if they can have a hearing on this.  I am not informed that the town can take surplus.  That is in the ordinance. 

 

Daughtry stated the town never did that and will not do that.

 

Nielson requested Mr. Happle contact Mr. Bastone with his questions.  She requested Mr. Bastone let them know if he gets further questions, and we will address them.

 

Mort Grossman, 5 Lee Court, Montville, spoke regarding the open space tax levy.  Amortization – is that charged to the Township budget or to the open space fund?  Bastone stated that is in the budget. 

 

Grossman stated in the budget for 2008 – 09, infrastructure – you have oil prices going through the roof now.  I don’t know how much paving we can do.

 

Nielson stated I don’t know the specific line items, but the budget documents are on file with the Township Clerk.  If you have specific questions, please speak to the Administrator.

 

Rene Avila, 85 Old Bloomfield Avenue, Pine Brook, spoke about Home Depot taxes/revenue.  They are underpaying taxes.  We need the tax revenue.

 

Nielson stated the revenues being generated by Home Depot – that has been brought to our attention, and we are doing an analysis of that.

 

Avila stated we are trying to bring revenue to this town.  This happened a few months ago, and we have not heard anything.  We are losing hundreds of thousands of dollars.  What are we going to do about that?

 

Nielson stated we are going to find out what the true numbers should be.  If an adjustment needs to be made, it will be, and it will be public record.

 

Daughtry stated if I understand you, you made the comment that other Home Depot’s pay more in taxes.  Avila answered yes.

 

Daughtry stated it would be helpful to us if you would provide that to us in writing.  Avila answered I will do that for you.   Nielson stated include the square feet.

 

Murphy stated we do not control the assessment on a property.  That is the duty of the Assessor.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated attending the budget meetings – sitting there without seeing any paperwork and not hearing very well, you may as well be sitting in the back room with the doors closed.  At the very first budget meeting, I requested a copy of the budget, and I was told that it was really too big to give out to anyone who requested it.  I gave detailed instructions on how to make pdf documents that could be e-mailed, install the software, etc. which would save printing and paper, etc.  After several weeks of not getting any response on that, I was told to file an Open Public Records Request.  I think the OPRA law was designed to be a minimum low bar that towns were supposed to adhere too, exceed if they could, and not a maximum to say that OPRA says this and this is all we are going to provide.  I think even now it is not too late to create a soft copy of this and put it on the website so people can see it.

 

Lefkowitz stated this Township Committee recently passed a new policy that if possible the minutes would be available for the next meeting.  Last week, I filed an OPRA request for minutes from the last meeting because I was unable to attend.  I received a response that they have not been approved yet, which is reasonable.  I also notice they are not on the agenda to be approved.  I would like to find out a timeframe of when they will be approved.

 

Lefkowitz stated the Pine Brook Cemetery was brought up by a gentlemen two meetings ago.  It was going to be a discussion item last meeting.  I wanted to find out if it was and what happened.

 

Braden stated the cemetery is a privately owned cemetery.  I believe the Board of Cemetery’s control them.  I don’t think we have the ability to regulate what is going on in or on the cemetery property.

 

Bastone stated the issue is trucks don’t have a proper turning radius and they run over the chain link fence.  The fence is completely gone now.  We had a meeting with the NJ Department of Transportation to try and resolve that.  To do that requires a realignment of the roadway.  That would require priority funding.

 

Nielson requested Mr. Bastone do a summary for the next meeting and Mr. Weber, who brought it up. 

Nielson stated the minutes will be ready next meeting.  Murphy stated he is working with the Clerk on that.  There has been litigation concerning both subject matters (open and closed session minutes) and we are the ones who set the policy and what we feel has to be done, and we hope to have that ready by the next meeting.

 

Bastone stated he told Mr. Lefkowitz the budget documents in the red binders are available for public inspection via hard copy, and I have had e-mails from him requesting information concerning the budget.  I have responded that the document is a dynamic, changing document.  However, the documentation that was provided originally to the Township Committee and at subsequent meetings is publicly available.  I believe that his last OPRA request was for a document not in its original format.  Again, the budget is a dynamic document.  All of those documents are available in the Township Clerk’s office.  

 

Lefkowitz asked if a soft copy will be provided.  Bastone stated that is not the format they are in.  Murphy stated there is no requirement to do that.  The requirements required by law are being met. 

 

Public portion closed.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2008-19 TO AMEND, SUPPLEMENT AND REVISE THE CODE OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY, CHAPTER 16 ENTITLED “LAND USE CODE” – TOWACO CENTER:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 13, 2008, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Discussion:  Nielson stated the Planner will be in attendance at the public hearing.  Please get any questions to him.  I encourage the Township Committee members to read the minutes of the Planning Board, as the same questions come up, and they have been answered.  This ordinance is consistent with the Master Plan.  The Planning Board did a revision to the Master Plan.  Courtesy mailings have gone out. 

 

Bader asked if she should ask her question tonight.  Murphy stated any questions should be saved for the public hearing.

 

Bader stated she would contact Linda White, as she doesn’t want anyone to think they are being blindsided.

 

Nielson stated if you provide the questions in advance, everyone can hear the answers at the public hearing.

 

Sandham stated one of the questions that will come up is the protection of the aquifer.  I would request that we have a summary of the other ordinances that are in place; such as, the well-head protection and stormwater ordinances that protect the aquifer.

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA8:  Motion:  Daughtry.  Second:  Sandham.  Discussion:  Sandham stated he is abstaining on Item B because they are located right down the street from him.  Roll call vote – Daughtry, yes; Sandham, yes – except abstain on Item B; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING A REDUCTION IN PERFORMANCE GUARANTEE – FOREST RIDGE, BLOCK 109, LOT 30: 

 

            WHEREAS, a Performance Guarantee was issued in the form of a Performance Bond in the amount of $1,003,858.92 issued by Bond Safeguard Insurance Company and cash in the amount of $111,538.88 to the Township of Montville on behalf of Peter Nagle Builders, Inc., the developer of a development known as Block 109, Lot 30 (Forest Ridge); and

            WHEREAS, Peter Nagle Builders, Inc. has requested that the Township accept a bond reduction of the cash bond from $111,538.88 to $33,461.90 and the Performance Bond from $1,003,858.92 to $301,157.10 which is the current amount required for posting.

            WHEREAS, by memorandum dated April 15, 2008, the Land Use Administrator has reviewed the request for a reduction and has recommended that the Performance Guarantee be reduced.

            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 Township of Montville hereby accepts a reduction in the Performance Guarantee on behalf of Peter Nagle Builders, Inc. from cash in the amount of $111,538.88 to $33,461.90 and Performance Bond from $1,003,858.92 to $301,157.10.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING A POSTPONEMENT AGREEMENT FOR A SEWER CONNECTION FEE – BLOCK 21.02, LOT 45.10:  As per agreement.

 

CONSENT AGENDA ITEM C – RESOLUTION TO CERTIFY THE AMOUNTS THAT ARE TO BE COLLECTED AND PAID TO THE TOWNSHIP FIRE DISTRICTS FOR THE YEAR 2008:

 

District #1            Montville          Levy $553,200.   Tax Rate  $.06

            District #2            Towaco          Levy $694,648     Tax Rate $.07

            District #3        Pine Brook      Levy $557,237     Tax Rate $.06

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING A TONNAGE GRANT APPLICATION:

 

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

            WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

            WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

            WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

            WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants (for calendar year 2007) will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

            WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

            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 Township of Montville hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Adam W. Brewer to ensure that the application is properly filed; and

            BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE REFUND OF BUILDING PERMIT FEES TO ASW TANK SERVICES FOR 1 GLENVIEW ROAD:  Refund of $267.00.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2008 TO KNIGHTS INN:  Block 184, Lot 4, 55 Route 46 East, Pine Brook.

 

CONSENT AGENDA ITEM G – RESOLUTION APPROVING VOLUNTEER FIREFIGHTER CERTIFICATES OF EXEMPTION:

 

WHEREAS, Certificates of Exemption for the following persons have been approved by the respective Fire Departments and the New Jersey State Firemen’s Association:

 

David G. Durkin                          Montville Excelsior Company #2

            Robert T. Cook                            Montville Excelsior Company #1

            Michael J. Osborne                                  Montville Excelsior Company #1

            Jon W. Endean                                    Pine Brook Volunteer Fire Dept.

 

            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 Certificates of Exemption be approved, and the Township Clerk is authorized to file said Certificates with the Morris County Clerk.

 

CONSENT AGENDA ITEM H – RESOLUTION ENDORSING THE FOURTH OF JULY COMMITTEE AND APPROVING OF FOURTH OF JULY EVENTS FROM 06/25/08 TO 06/29/08:

 

WHEREAS, there exists a Montville Township Fourth of July Committee; and

            WHEREAS, the Township Committee endorses the Fourth of July Committee; and

            WHEREAS, the Township Committee has been requested to approve of Fourth of July events from June 25 to June 29, 2008; and

            WHEREAS, the Township Committee desires to authorize the Fourth of July events.

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Township Committee hereby authorizes the Fourth of July events to be held between June 25, 2008 and June 29, 2008 on Township property.

 

CONSENT AGENDA ITEM I – RESOLUTION OPPOSING THE FAILURE OF THE GOVERNOR’S PROPOSED STATE BUDGET FOR THE 2008-2009 FISCAL YEAR TO TREAT PROPERTY TAX RELIEF AS OUR PRIORITY:

 

WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State’s next Fiscal Year, which begins on July 1; and

 

            WHEREAS, the proposal, which represents what the Governor called “many unpleasant choices,” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the State Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with inordinately deep cuts in municipal property tax relief funding; and

 

            WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens’ Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more that their fair share of the funding burden; and

 

            WHEREAS, local officials have done so much with so little for so long, that State Budget-makers now believe some can do everything with absolutely nothing; and

 

            WHEREAS, municipal property tax relief will be slashed by $189.6 million; and                 

 

            WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in this proposal, this funding has been eliminated; and

 

            WHEREAS, last year’s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to 32.3 million, and the $8 million Regional Efficiency Aid Program will not be funded; and

 

            WHEREAS, the Township of Montville has been run in an exceptionally efficient manner, and

 

            WHEREAS, the State aid cuts to municipalities was calculated in a manner that is both arbitrary and capricious, and

 

            WHEREAS, the Township Committee of the Township of Montville has for a long time advocated regionalization and the sharing of services in a myriad of areas including, but not limited to the following: Tax Assessing; Board of Health services; Animal Control services; Cooperative Purchasing Agreements (Morris County and State); and Joint Insurance Fund for all major insurance coverage, and

 

            WHEREAS, the Township of Montville has always maximized the use of part-time employees in all Township offices, including the use of Police Specials and Dispatchers, and

 

            WHEREAS, the taxpayers of the Township of Montville will be faced with an increase in their taxes in order to pay for the ever increasing cost of utilities, health benefits, pension payments and gasoline and may also lose some of their essential services that in the past have been provided for by the municipality, and

 

            WHEREAS, the State of New Jersey has failed to produce meaningful property tax relief measures for all municipalities as has been promised by the Legislature and the Governor.

 

            NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Township of Montville calls on its elected representatives in Trenton, Senator Pennacchio and Assembly members Alex DeCroce and Jay Webber to work with their colleagues in the Legislature and with the Governor to take strong affirmative action to restore program funding sufficient to honor state statutes and their stated commitment to the cause of property tax relief in all New Jersey municipalities; and

 

            BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to Governor Jon S. Corzine, Acting State Treasurer R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Thomas H. Kean, Assembly Speaker Joseph J. Roberts, Assembly Minority Leader Alex DeCroce, the Chairs and Members of the Senate and Assembly Budget and Appropriations Committees, our own Senator Joseph Pennacchio and Assembly member Jay Webber and to the New Jersey State League of Municipalities.

 

CONSENT AGENDA ITEM J – PROCLAMATION SUPPORTING KALEIDOSCOPE OF HOPE WALKATHONS AND PROCLAIMING SEPTEMBER 2008 AS OVARIAN CANCER AWARENESS MONTH:  Also support Turning our Town Teal campaign.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MASER CONSULTING, P.A.:  Environmental consulting services Glenview Woods parcel.  Not to exceed $50,000. 

 

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

 

NO. 2 – RESOLUTION AUTHORIZING AN INTERLOCAL SERVICES AGREEMENT WITH THE TOWN OF BOONTON FIRE DEPARTMENT:

 

WHEREAS, pursuant to N.J.S.A. 40:8A-1, the Township of Montville may, by Resolution, enter into an Interlocal Services Agreement with another local government entity; and

            WHEREAS, the Town of Boonton Fire Department has a need to utilize radio frequencies and equipment which the Township of Montville has the capability to supply.

            WHEREAS, the Township of Montville is agreeable to allowing the Town of Boonton to utilize its radio frequency and equipment under terms and conditions set forth in an interlocal agreement attached hereto.

            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 enter into an Agreement dated April 8, 2008 and attached hereto between the Township of Montville and the Town of Boonton for the use of the Township of Montville’s radio frequency and equipment under such terms and conditions as are set forth in the Agreement.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE AREA 18 SEWER IMPROVEMENT PROJECT TO UNDERGROUND UTILITIES CORPORATION:

 

WHEREAS, twelve (12) bids were received for the Area 18 Sewer Improvement Project; and

            WHEREAS, the lowest responsible bid of $1,742,823.00 was received from Underground Utilities Corporation, Linden, New Jersey; and

            WHEREAS, the Township Water and Sewer Director has recommended the award to Underground Utilities Corporation.

            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 Underground Utilities Corporation, Linden, New Jersey shall be awarded the Contract for the Area 18 Sewer Improvement Project.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE AWARD OF SALE OF THE DOME:  No action.

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

 

NO. 6 – RESOLUTION ACCEPTING THE RESIGNATION OF CHARLES PERRY FROM THE ENVIRONMENTAL COMMISSION:  Reluctantly and with regrets.  Nielson stated Mr. Perry feels he may have a conflict as he has taken a staff position on the NJ Highlands Council.  Motion to accept resignation:  Sandham.  Second:  Bader.  All in favor.  Motion approved.  Braden requested the Clerk provide them with the resumes for that position.

 

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND HJGA CONSULTING – PARTIAL RESTORATION MONTVILLE MUSEUM:  Resolution tabled at 4/8/08 meeting.  Not to exceed $27,500.00.  Motion to remove from table:  Sandham.  Second:  Daughtry.  All in favor.  Motion approved.

 

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

 

COMMITTEE REPORTS:

 

Committeewoman Bader reported the Board of Health did not meet this month.  They did not have a quorum.  Happy Passover and if you celebrate the Greek Orthodox Easter that is Sunday, so Happy Easter.

 

Committeeman Sandham asked if we are working on a building use policy.  Bastone answered yes.

 

Sandham stated he attended Justin Pagano’s Eagle Scout Court of Honor.  Dan Pagano sent a note thanking us for everything done for Justin.

 

Sandham stated they discussed fees charged by our banks for credit cards at Long Term Financial Planning Committee.  Most other towns pass that percentage onto their taxpayers.  We paid $182,000 in 2007.  I think we should put this on the agenda to discuss.   

 

Bastone stated this is on the LTFPC agenda next meeting, so I believe we will have it on the agenda the first meeting in May.

 

Sandham stated Residents with Disabilities Advisory Committee met last night.  They were disappointed about the grant, but they are glad the automatic doors are in the budget.

 

Committeeman Braden reported he attended the Library Board meeting.  We voted on their budget and it failed.  They had a 27% increase in their budget.  Hopefully, they are working diligently on reducing the budget.

 

Braden stated the sidewalks – I see the condition they are in.  I know we have a property maintenance code.  Perhaps we should alert the residents through the Montville Messenger that they are their responsibility.  Or, send them a note.  I don’t know how the rest of the Township Committee feels about that.  Some of them are very bad.  Bastone stated it is a problem.  It would be a good idea to get the word out. 

 

Sandham stated at the League of Municipalities I looked into an organization that would go through a neighborhood to get people to sign up so you could leverage the purchasing power of doing a thousand linear feet of sidewalk vs. ten.  I would look into that, and that may be a reasonable thing to send them as well.

 

Braden stated Larry Manfra, President of Montville Baseball/Softball, asked Mrs. Witty about posting signs at the municipal complex regarding animals.  I have a copy of the ordinance – no dogs on the fields.  I want to ask Maryann Witty to post the signs.

 

Bastone stated he agrees with the fields being posted.  The only issue is the animal shelter itself.  Sandham stated around the snack bar, the health guidelines should be posted. 

 

Chairwoman Nielson reported the Board of Education would like to vacate the little house by the wrestling barn.  Wrestling would like to utilize that house.  I asked them to put it in writing to the Township Committee. 

 

Nielson stated there is a request from a resident on Pine Brook Road.  They are concerned about the lack of sidewalks by Cedar Hill School.  I asked Mr. Barile to look at it.  It would be approximately $25,000.  The homeowner offered to pay half the amount. 

 

Barile stated Mrs. Vanderhoof made him aware of funding left from other capital projects on Pine Brook Road, so the money is available for that type of project.

 

Nielson will review it with Mr. Barile and Mrs. Vanderhoof.

 

Nielson stated the Route 202 traffic light – we still do not have a date for the bidding.  One of the items is drainage and right-of-way issues. 

 

Barile stated NJ Transit has agreed to the easements.  The drainage issue has been expressed to the County many times, and they won’t commit.  Nielson stated we want this done before school starts.  There are also issues with the post office.  Also, a property owner can’t be contacted.  I want this resolved.  I can’t believe enough effort was made to contact them.

 

Barile stated the County knows the urgency of the project.  If they can’t contact the property owner, they are prepared to move forward and go without that portion of it.

 

Nielson stated she leaves this in Mr. Bastone’s hands to resolve.  She does not want to wait until the next Township Committee meeting.

 

Committeeman Daughtry reported BPU got back to our citizens who wrote to them after the storm.  They are looking into some of the issues.

 

Daughtry stated I would like the Township Committee to consider moving the relocating of the animal shelter to the private sector.  I will definitely be very involved in it.  MBSA has offered their help.  If we can take care of the asbestos issues with a company that might donate all or a good portion of the expense, or the Township Committee can find a way to abate the asbestos, I am willing to work with the Montville Pet Parents to take it private and actually move the shelter to 7 Church Lane.  I want the Administrator and the Township Committee to have a chance to digest what I am saying.  It’s a smaller scale.  It would be a six-month project with all donations.  We would gut-out 7 Church Lane, and it can get done.  The effort with the County was just a waste.  Brainstorm about this and in two weeks we will discuss.  I will also reach out to the towns that are sending their animal to us and get them to contact their organizations.

 

Sandham stated I just want to understand what was said before:  Township Committee people should not be involved with the administration of the Tax Assessor’s functions.  If we thought something was potentially undervalued, would it be appropriate for us to bring it to his attention?  Murphy stated it should go through the Administrator.  The Administrator does have some authority to talk to the Assessor.  The Assessor is a State officer and he has a State function that he has to adhere to.  

 

RESOLUTION NO. 2008-CES-042208B 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:  To cover topics on resolution adopted previously that were not yet covered.

 

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

 

At 10:06 p.m. – Closed Session.

 

Meeting adjourned at 10:30 p.m.  Motion:  Sandham.  Second:  Daughtry.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Friday, 30 May 2008 )
 
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