MTC Meeting Minutes 06/10/08 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, June 10, 2008, 6:00 p.m.

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

 

6:00 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

Maryann Witty, Recreation Director (portion)

James Bryce, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2008-CES-061008 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 – Pio Costa; Potential Litigation – PBA Local #140; Contract Negotiations – First Aid Squad; Attorney-Client Privilege – Sidewalk liability.

 

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

 

At 6:01 p.m. – Closed Session.

 

7:00 p.m. – PUBLIC HEARING CAMP DAWSON MASTER PLAN:

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Daughtry.

 

Anthony Barile, Township Engineer, displayed drawings of the proposed master plan. 

 

Barile stated this is a master plan prepared by the Engineering Department.  The Dawson/Lefkowitz tract was acquired through Green Acres back in the 1990’s, total 113.2 acres.  The master plan was prepared with input from the Township, Recreation, and various sports organizations to show improvements that are anticipated in the future.  The plan will be submitted to DEP, Green Acres, for their approval.  The plan shows a relocation of the driveway, a picnic pavilion area, adequate parking, and expansion of the facilities.

 

Currently, the existing road is between the road and the parking area.  The vehicles entering conflict with pedestrians entering the field.  At the rear of the property there is a picnic pavilion proposed and bleachers meeting ADA requirements.  We have designed a drainage/infiltrator system in accordance with the DEP best management practices.  We are in conformance with DEP regulations.  Parking area will be oil and stone.  This provides a hard surface that can be striped for parking, but it still has the old rustic feel.

 

The purchase agreement with the NJDEP Green Acres has a use statement:  “Acquisition of these sites will protect environmentally sensitive areas, including the Towaco Valley Aquifer recharge area, municipal drinking water supply wetlands, floodplains of Jacksonville Brook and Indian Brook, and a small pond.  The majority of the land will be kept in a natural state and used for hiking study.”  Existing ball fields at Camp Dawson will be used for active recreation.  Additional facilities may be constructed on suitable upland areas.  113.2 acres -the total improved area, which includes the turf fields and all the improvements you see here is a total of 12 acres.  Just slightly 10%.

This public hearing is to get public comment.  The comment period extends two weeks from tonight.  You can write to me personally, or you can write directly to the DEP.

 

Chairwoman Nielson opened the public portion.

 

Ken Book, 24 Doremus Drive, Towaco, asked what is the change in parking spaces from what you have now to what you are proposing?  Barile answered 156 are shown on the plan.  There are also provisions for overflow parking on the grass field.

 

Book stated you are not gaining any spaces.  I have concerns about the road going up the hill.  All of the runoff has no access to the aquifer area.  The overflow parking – the slope isn’t sufficient.  I applaud you for trying to control the parking – the way it flows in and out is a bit of a problem. 

 

Mr. Book showed his map of proposed one-way driveways.

 

Barile stated where we’re providing access to the grassy hill where people park now.  There is sufficient grade.  There will be a slope from our newly constructed driveway up until we hit the existing grade.  From then on it will be the same it is now, where people do park now. 

 

Barile stated this is a concept plan.  There is no detailed grading on the driveway that goes around the wetlands.  That road will be designed to permit the drainage to flow over to the wetlands, as it does now.  The wetlands will not be deprived of any water.

 

Book stated on the existing slope, which is a 20-foot climb, any car driving around there in the snowy weather is going to slide right down into the wetlands.

 

Barile stated I’m not saying we are going to put the driveway on the natural grade.  But it will be graded with a slight pitch towards the wetlands to maintain the flow to the wetlands.  The existing drainage is adequate for the area that will be draining to these inlets.

 

Book stated I just want to repeat that it is a good idea to control the traffic flow, but you are not gaining any parking space.  From what you are losing in the back to what you are adding to the front there is no gain in parking.

 

Book stated I think for what is involved here and the money that is going to be spent on this project, you could get traffic cops in there to control some of the parking for the next five or six years, part-time.

 

George Drexl, 29 River Road, Montville, asked how many parking spaces are there currently, since is was striped.  Being there five to six days a week, I would have to say that there are not 150 spaces in that lower lot currently.  Even with the striping, a lot of times people don’t follow the proper parking.  In the proposal that the Broncos had given to the Township we had requested anywhere from 150 to 200 spaces. 

 

Drexl asked the grade going from the proposed driveway up the hill – is that five-foot grade going up that hill?  Barile answered yes. 

 

Drexl stated so that is over about forty feet, which is a decent amount only at five-foot grade.  Barile stated there will be a steep grade adjacent to the driveway.  As you get back to the end of the driveway, as the road starts to branch around the wetland, there will be a leveled spot there for a driveway – for vehicles to enter the grass area and park up on the slope.

 

Drexl asked if the State has seen this plan yet.  Barile stated they have not seen this yet.  Their procedure is to have the public hearing first and then make any revisions that may be generated from the hearing.  Then they get sent the plan.

 

Drexl asked what is their timeframe when you get it to the State?  Barile stated they have not given us a timeframe.

 

Drexl stated looking at the plan and going by everything that the local sports organizations had asked for, it appears that you have gotten everything down in here.  I personally very much appreciate that and your attention to detail.

 

Drexl stated one thing is we had requested the potential of a fence going around the entire synthetic surface area.  That I don’t see on here.  Would that have to be on here in order for that to be submitted to the State, for approval?  Or, is that something that would not be governed by the State?

Barile stated that should be on here.  Just to be on the safe side, we would like to get on as many things as possible or feasible.  There were several discussions on the fence, and I don’t recall offhand what the negative side of the fence was.

 

Drexl stated I think it was depending on what type of fence it was.

 

Committeeman Daughtry stated it was money and the type of fence.  Nielson stated we were going to put on a fence, but not determine what type of fence. 

 

Drexl stated that is my recollection also.  I think it looks great.  I hope that it ends up being a go.

 

Barile stated I would just like to reiterate that our main concern here is safety.  Moving that driveway to the opposite side of the parking lot, in our opinion, was paramount on making it a safer situation out there.

 

Barile stated that the Township is also considering putting signs (displayed sign) at Camp Dawson with a list of no’s – alcoholic beverages, smoking, pets, metal spikes on turf fields, littering.  I think there is action needed by the Township Committee to make the ordinance governing the signs applicable to Camp Dawson. 

 

Committeeman Braden stated with regard to that ordinance, I don’t think it goes far enough.  If you go to other fields, I don’t believe they allow you to have food – sunflower seeds, Gatorade.  Can we get some input on limiting food on the artificial turf fields?  I know that sign is generic for all of our fields, I believe.

 

Barile stated I would like to defer this to Mrs. Witty.

 

Maryann Witty, Recreation Director, stated the sign ordinance was discussed at a Recreation Commission meeting.  That is the verbiage that was agreed upon.  If it needs to be expanded, I am going to need to share that with the Recreation Commission.  The Township Attorney has looked at this.

 

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

 

Braden stated sunflower seeds are a nightmare on the fields.  I don’t know if we can expand the ordinance to address food on the field.  I would like to see it.  Nielson stated this item can be on a future agenda as a discussion item.

 

Braden stated with regard to the project, this is an established recreation area.  There are safety concerns there.  We are all concerned about the aquifer.  I see this as a good project.

 

Committeewoman Bader stated she is pleased that the proposed driveway is going to be moved for the safety of the children, coaches, and parents. 

 

Daughtry stated there are more spaces here than we saw last year, but there is still not really enough.  This is an improvement.  We tried to make this bigger, but I believe there was an environmental issue or Green Acres going back into that hill.

 

Barile stated we have a problem with the wetlands to the west.  We can’t infringe upon that buffer. 

 

Committeeman Sandham stated on the south side of the driveway – is that going to be blocked so there is only one entrance and one exit – the driveway.  Barile stated no, you can go in any of those roads. 

 

Sandham asked if any thought was given to fencing so there is one entrance and one exit.  Barile stated it is similar to any parking lot you would have at a shopping center or office building where you are going up and down each row. 

 

Sandham asked if we should create a drop-off zone.  Barile will take a look at that. 

 

Sandham asked if there will be a barrier along the hill.  Barile stated we can show a wooden guiderail on that side. 

 

Sandham asked if the signs are for the whole park or just the fields.  Witty stated they are not going to relate to all of Camp Dawson, just to the fields.  The sign doesn’t say anything about food.  The purpose of the sign was really just to restrict the activity on the fields. 

Sandham asked if there are potential for channels, possibly underneath the roads that would allow some drainage into the pond.  Barile answered we can look at it as we do a detailed design.  We are not going to starve the wetlands.  We are going to maintain the flow to them.

 

Book stated he had one more comment about the parking and the flow.  As the lot fills up, I can see having an abundance of cars looping around the high road, around the wetlands, only to find they have to navigate a U-turn there. 

 

Barile stated what is not shown on the plan is a sign directing people to the overflow parking area.  There is also going to be another sign there directing buses and picnic pavilion users to the rear.

 

Nielson stated last year we had several meetings with Mr. Drexl, Broncos representatives, Mr. Mazzaccaro, and Mr. Barile.  I know Mr. Barile looked at sever reiterations of this parking proposal.  Is this one perfect?  I’m not sure.  But it is an improvement over the previous generations.  I think Mr. Book’s points are well taken, and I was going to ask about the overflow parking sign as well.

 

Nielson stated we did get one letter in from Mrs. Calcagno, who works for the Every Drop Counts Program.  She is concerned about the aquifer.  I guess there was a misinterpretation that the entire two acres was to be paved.   I don’t believe that is accurate.  Is that an accurate statement, Mr. Barile?  Barile replied that’s correct.  On the notice, we were obligated to put down the total area of disturbance, which includes the parking, the driveway relocations, the picnic area, the bleachers, the pathways, everything.

 

Discussion regarding possibility of staking out the new driveway, parking, etc.

 

Nielson stated Mr. Mazzaccaro works with Vincent Uhl, who is our hydro-geologist, and with Mr. Barile.  Montville Township’s storm water management standards exceed the State standards in this particular area because we are so sensitive to protect the aquifer. 

 

Nielson stated I do want to make sure there is a staging area for the buses.  As long as that is being taken care of, I am good to go.

 

Barile stated again that the comment period extends two weeks from tonight. 

 

Nielson asked at the end of the comment period, at what point do you anticipate the package going down to the State?  Barile answered probably within two weeks after the end of the comment period.

 

Drexl stated if you were going to stakeout that road, now would be a good time when it is less crowded there.  If you can stake or draw lines so we can see where the new driveway will be and where that overflow parking area is going to extend so we can get a better idea. 

 

Barile stated they could put something out there.   Nielson stated I know this has been looked at several times, but one last look is always great. 

 

Camp Dawson Public Hearing closed at 7:45 p.m.  Motion:  Bader.  Second:  Braden.  All in favor.  Motion approved.

 

8:00 p.m. – REGULAR PUBLIC MEETING:

 

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

 

EVERY DROP COUNTS WATER CONSERVATION EDUCATION PROGRAM AWARDS:  Susan Marinello, Director of the program, stated the program was created seven years ago.  The winning essays are posted on the wall and will be posted on the Township’s website.  I encourage the Township Committee to have a “Conserve Water Day.” 

 

Chairwoman Nielson read the winners’ names and presented the plaques to each of them:

 

Grade 4:            1st Place            Michael Palma, Woodmont School

                        2nd Place   Somya Gambhir, Woodmont School

                        3rd Place   Leilah Vanessa Bueno, Woodmont School

 

Grade 5            1st Place Tie            Bianca DiFulco, Woodmont School

                        1st Place Tie            Aaron Lopez, Woodmont School

                        2nd Place   Jared Bloom, Woodmont School

                        3rd Place   Kelsey Neukrug, Hilldale School

 

Mrs. Marniello introduced the principals of Hilldale and Woodmont Schools, Miss D and Mrs. Quintzel.

 

Miss D congratulated the winners and thanked everyone involved in the water conservation project.  Thank you Mrs. Marinello for coming to our schools.

 

Mrs. Quintzel stated Mrs. Marinello does an exceptional job every year.  Our students learn a lot.  The 4th graders look forward to the Camp Dawson trip.  The 5th graders feel the water festival is a highlight of the program.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2008-25 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $8,500:  Morris Land Conservancy.

 

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

 

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

 

NO. 2 – ORDINANCE NO. 2008-26 AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF BLOCK 41, LOT 5 AND LOT 43.2 (56 COOKS LANE) IN LIEU OF CONDEMNATION:

 

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

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported the public hearing on the Morris County Open Space application is scheduled for July 8.  We are working with the Morris Land Conservancy under the direction of the Open Space Committee for the Starkey property. 

 

Morris County Wastewater Management Plan – we received a letter from the County.  They are establishing a County wastewater management plan and a committee.  I am recommending the establishment of the technical committee to include the DPW superintendent and the water & sewer engineer with consultation from the land use administrator.  Township Committee all agreed.  There is a March 2009 deadline for submission of a plan to the DEP.

 

Fibertech – there is a resolution on the agenda to approve their request for consent to install a fiber optic network in the public rights-of-way in Montville Township.

 

Daughtry stated I would like to take a look at this.  I need time to research it.  I am asking that the resolution be carried to next meeting.

 

Bastone reported happily that NJ Transit is going to paint the metal structure on two overpasses at the end of August.

 

Daughtry suggested sending a letter thanking them.  Nielson suggested posting on the website.

 

NO. 2 – ATTORNEY:  None.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, stated at our last meeting, I gave you a report on the credit card fees.  We had a presentation to the Long-Term Financial Planning Committee from a company that could set up our computers for residents to pay for taxes online, and they would be responsible for the fee.  The one-time cost is $4,000.  The annual fee is $2,750 per year.  I have talked to other towns that use this, and they are very happy with it.  Last year our credit cards fees were $188,000.  LTFPC has recommended this.  The company is Cit-E-Net.  Motion to approve:  Daughtry.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

Braden asked if we will be getting the word out.  Bastone stated it is on the website and it will be in the Montville Messenger.  We will also send a notice with the tax bills.  The intent is to have this effective with the August tax bill.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported the Horseneck Road project is moving ahead.  A preconstruction meeting is scheduled for next week.

 

COMMITTEE COMMENTS:

 

Chairwoman Nielson stated there was a press release last week from PSE&G stating they are considering high voltage lines.  There will be a public hearing on June 24th at the arboretum.  I plan on attending.  Perhaps we should send a representative from Montville Township.  It could be a significant issue for this community.  The new State policy is to remove vegetation under the power lines.  Next week, they intend to clear-cut the vegetation at our police department.  I am very upset about this. 

 

Bastone stated it is on our website now.  I am going to make a request that they have a public hearing here in Montville. 

 

DISCUSSION ITEMS:

 

NO. 1 – ECONOMIC DEVELOPMENT COMMITTEE LETTER:  Bastone stated I recommend the letter.  It is a letter to attract businesses to our community.  Do you want the Township Committee signatures on the letter also?  Township Committee – no.  Send out as is.

 

NO. 2 – FACILITY USE POLICY:  Bastone stated we made the changes in the policy that were recommended at last meeting.  Five items were changed. 

 

Bader stated I want to make the distinction that this is not the same as the financial disclosure policy. 

 

Bastone stated I suggest we adopt this as a resolution at next meeting.

 

NO. 3 – COMMERCIAL VEHICLE PARKING:  Municipal Building.  Bastone stated we were unable to find any formal agreement.  There are individual approvals.

 

Daughtry asked if he asked the Meadows if they have anything in writing.  Bastone answered I can do that.  

 

Nielson stated send them a notice and tell them they can come to a meeting if they have any suggestions.

 

NO. 4 – DEER MANAGEMENT:  Bastone stated I was able to get the Morris County Park Commission to expand the existing program. 

 

Nielson stated I did speak to the Lincoln Park Archers along with Mr. Sandham.  They are willing to work with the town on the deer culling program at no cost.  I gave those contact numbers to Mr. Bastone and to Mr. Braden.

 

Daughtry stated the Valhalla Civic Association needs to be pulled into this.  They should be advised.  They were involved when this all started.

 

NO. 5 – BANKING RFP’S:  Bastone stated we have a recommendation from the Long-Term Financial Planning Committee that we solicit proposals for banking services.  I am in agreement with that.  Sandham stated the last time banking services were reviewed was four years ago.  Township Committee all in favor.

 

NO. 6 – AREA 18 SEWER PROJECT:  Bastone stated you have a letter from the contractor requesting a change in the working hours from 8:30 a.m. to 4:30 p.m. to 7 a.m. to 4:30 p.m.  I think it would be better to allow him to expand the hours in the afternoon so it does not affect morning rush hour. 

 

Tom Mazzaccaro, DPW/Water & Sewer Director, stated the roads affected are Hook Mountain, portions of Pine Brook Road, and Horseneck Road.  I think Mr. Bastone is correct.  It should be extended in the afternoon.  It should be at the discretion of the Administrator and the Police that if it doesn’t work out, we can revert back. 

 

Mazzaccaro stated the Township owns the York property on Cole Avenue/Horseneck Road on the river.  The contractor would like to store pipe, etc. there for the duration of the contract.  He has already contacted one of the property owners, and they have no objection.  I will make sure the other property owners have no objection.  Maybe we can get part of Cole Avenue paved out of it.  We will have a letter of agreement.  Township Committee – all in favor.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Lauren Trionfo, 19 Duynecrest Road, Towaco, stated thank you for the comments on the power lines.  I did read that in the paper.

 

Regarding the taxes, I do agree the Township should not take on the burden of the credit card fees.  For those people that use credit cards for paying their taxes, there should be more notice before doing that for budgeting purposes for them.

 

Camp Dawson – for two years I have been asking for recycling receptacles there.  When are they going to show up? 

 

Nielson stated I have spoken to Mrs. Witty about it, and we have received a clean communities grant.  Some of the money may be spent on that.  I will defer to Mr. Bastone to follow up on that.

 

Braden stated last week I saw a DPW truck with recycling containers.  They are at the parks in town.  They are new.  They were being delivered last week.

 

Andrew Trionfo, 19 Duynecrest Road, Towaco, stated by my house is a hunting area.  We hear gunshots.  It is not very safe. 

 

Nielson stated we did form a subcommittee tonight to review our hunting policy.  Thank you for your comment.  We will let you know what was discussed.

 

Hearing no one further comments from the public, Chairwoman Nielson closed the public portion.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2008-27 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $75,000:  Block 41, Lot 5 & 43.2, 56 Cooks Lane.

 

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

 

NO. 2 – ORDINANCE NO. 2008-28 AMENDING CHAPTER 16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE TO PERMIT INDUSTRIAL AND RETAIL USES IN A NEW I-21 ZONE:

 

Township Attorney advises that Mrs. Bader is eligible to vote as her property, as not within 200 feet of subject properties.

 

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

 

NO. 3 – ORDINANCE NO. 2008-29 APPROPRIATING $52,972.34 TO THE CAPITAL BUDGET FOR VARIOUS PUBLIC IMPROVEMENTS:

 

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

 

NO. 4 – ORDINANCE NO. 2008-30 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING NEW CHAPTER 8.26 ENTITLED “FERTILIZER” AND REGULATING THE APPLICATION OF FERTILIZER WITH THE TOWNSHIP OF MONTVILLE:  Ordinance mandated by the NJDEP.

 

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

 

NO. 5 – ORDINANCE NO. 2008-31 PROVIDING FOR THE PURCHASE OF THE TIPCOR PROPERTY IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, AND APPROPRIATING $615,000, INCLUDING $240,000 FROM THE MORRIS COUNTY OPEN SPACE TRUST, $215,000 FROM THE ARMY CORPS OF ENGINEERS, $85,000 FROM GREEN ACRES PLANNING INCENTIVE GRANT AND $75,000 FROM THE TOWNSHIP OF MONTVILLE OPEN SPACE TRUST FUND:  Block 41, Lots 5 & 43.01.

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA10:  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION APPROVING REFUND OF OVERPAYMENT (TAX APPEAL):

 

WHEREAS, The 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 year 2007;

 

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

                                              

Block 82.2,  Lot 57.3

Irene Novin

2 Stonehenge Court

Montville                                                               $ 1,550.00

 

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

 

 

Khalid Ahmed

52 Taylortown Road

Montville, New Jersey

(Block 15.2, Lot 10)

 

 

 

 

Driveway/Drainage

 

 

 

 

$2,000.00

 

Spase Miloseski

30 Locust Street

Haskell, New Jersey  07420

(Block 76, Lot 1) 71 Changebridge Road

 

 

 

 

Driveway

 

 

 

 

$3,300.00

 

Palmar Associates

P.O. Box 217

Boonton, New Jersey  07005

(Block 113, Lot 43.6)  15 Adams Way

 

 

 

 

Soil Stabilization

 

 

 

 

$   600.00

 

J. & P. Vaccarella

3 Sky Terrace

Boonton, New Jersey  07005

(Block 33, Lot 48.2)

 

 

 

 

Soil Stabilization

 

 

 

 

$1,750.00

 

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

 

CONSENT AGENDA ITEM C – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES FROM THE TOWNSHIP OF MONTVILLE OPERATING ACCOUNTS:

 

WHEREAS, the following checks have not been cashed, and the recipient claims no money due to them:

 

DEF I – Escrow Account Bank of America

 

CK # 2075                   $268.15                      03/14/2006

CK # 2146                   $175.00                      10/10/2006

 

DEF II – Escrow Account Bank of America

 

CK # 1905                   $  98.00               05/22/2007

 

TREASURER ACCOUNT

 

CK # 6732                   $  120.00                     06/13/2006

           

WHEREAS, the Township of Montville has been notified by Lakeland Bank and Bank of America that the checks have not been cashed, and

 

            NOW, THEREFORE, BE IT RESOLVED that the un-cashed checks in the amounts of  $268.15, $175.00,  DEF I Account, $98.00 DEF II Account, and $120.00 Treasurer Account be transferred to the General Operating Account as of this date June 10, 2008.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING MONTVILLE TOWNSHIP POLICE EXPLORER POST COIN TOSS:  July 27, 2008.  Horseneck/Changebridge Road and Route 202/Changebridge Road.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING A BLOCK PARTY ON DEMORAY COURT:  June 28, 2008.  Rain date June 29, 2008.

 

CONSENT AGENDA ITEM F – RESOLUTION ACCEPTING CONVEYANCES FROM RUSSELL G. PISANO AND ANGELA PISANO – BLOCK 125.05, LOT 14, PINE BROOK ROAD:  Underground utility easement, conservation restrictions.

 

CONSENT AGENDA ITEM G – RESOLUTION ACCEPTING A CONVEYANCE FROM FIRST REFORMED DUTCH CHURCH OF THE TOWNSHIP OF MONTVILLE (a portion of land located between Block 123, Lot 12 and Block 123, Lot 13.01 - church lane):

 

            WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire property; and

           

            WHEREAS, First Reformed Dutch Church of the Township of Montville has agreed to convey a quit claim deed for a gore between Block 23, Lot 12 and Block 123, Lot 13.01 - Church Lane; and

           

WHEREAS, First Reformed Dutch Church of the Township of Montville has executed a Deed and have presented same to the Township for 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 following conveyance from First Reformed Dutch Church of the Township of Montville to the Township of Montville is hereby accepted:  Quit Claim Deed for gore between Block 23, Lot 12 and Block 123, Lot 13.01 on Church Lane

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2008 COPS SECURE OUR SCHOOLS (SOS) GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES: In conjunction with the Board of Education.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR FIELD HOUSE CONCESSION:

 

WHEREAS, the Township Committee has requested to receive bids for the Field House Concession at Community Park; and

 

            WHEREAS, an advertisement was placed in the official Township paper, and one (1) bid was received from Sam’s Ice Cream. 2500 Rachel Terrace #2, Pine Brook, NJ  07058; and

 

            WHEREAS, Sam’s Ice Cream has submitted a bid of $4,000.00 (Four Thousand Dollars) to be paid to the Township for the concession stand for the period of June 1, 2008 through November 30, 2008, and has submitted 10% of the bid in the amount of $400;

 

            NOW, THEREFORE BE IT RESOLVED that the Township of Montville award a contract to Sedat Yildiz, of Sam’s Ice Cream of Pine Brook, New Jersey for the amount of $4,000 to be paid to the Township of Montville by November 30, 2008.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING A LEASE AMENDMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND MORRIS LAND CONSERVANCY:

 

WHEREAS, the Township of Montville entered into a Lease with the Morris Land Conservancy dated March 1, 2001 for the use of property known as Lot 23 in Block 33 as shown on the Tax Map of the Township of Montville; and

 

            WHEREAS, the Morris Land Conservancy has requested that the Lease be amended to allow it to remove an old garage on the property and construct a new office space in the footprint that had been the garage; and

           

WHEREAS, the Township Committee has determined that it would be in the best interest of the Township of Montville to permit the Lease amendment.

           

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 an amendment to the Lease between the Township of Montville and the Morris Land Conservancy in the form attached hereto is approved; and be it further

           

RESOLVED that the appropriate municipal officials are hereby authorized to execute an amendment to the Lease Agreement in the form attached hereto.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE COUNTY OF MORRIS PROVIDING FOR JOINT FUNDING FOR THE CONSTRUCTION OF A SALT STORAGE FACILITY:

 

WHEREAS, there is a need for a new salt storage facility to be located within the Township of Montville and jointly used by the Township and the County of Morris; and

           

WHEREAS, a location for a joint storage facility at the County Garage Facility on Lot 3.02 in Block 57.01 on Main Road has been selected; and

           

WHEREAS, the Municipality and the County have agreed that it is necessary to construct the new salt storage facility and have agreed to jointly fund the construction of the facility; and

 

WHEREAS, the Municipality and the County have agreed to equally contribute towards the cost of construction of the salt storage facility.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Agreement between the Township of Montville and the County of Morris providing for joint funding for the construction of a salt storage facility in the form attached hereto.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE PINE BROOK ROAD WATER GRID – PHASE I PROJECT:

 

WHEREAS, the Township Committee has determined that it is appropriate to solicit bids for the Pine Brook Road Water Grid - Phase I Project, the design of which has been reviewed and approved; and

           

WHEREAS, it is necessary to advertise for the solicitation of bids; and

           

WHEREAS, the solicitation of bids should await the receipt of all necessary permits.

           

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 advertise and otherwise solicit bids from qualified contractors for the Pine Brook Road Water Grid - Phase I Project subject to receipt of all necessary permits.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE RENEWAL OF LIQUOR LICENSES 2008-2009:

 

WHEREAS, applications have been filed by holders of liquor licenses within the Township of Montville seeking renewal for the years 2008 through 2009; and

 

            WHEREAS, the applications have been reviewed by the office of the Township Clerk, Land Use Administrator/Zoning, Health Officer, Chief of Police; and Fire Districts; and

 

            WHEREAS, the licenses have met the requirements for license renewal;

 

            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 liquor licenses are renewed for the years 2008 through 2009:

 

·         1421-33-001-005      Don Pepe, Inc.  t/a Don Pepe Steakhouse, 58 Route 46 West, Pine Brook

·         1421-33-002-008  Jhett, Inc.  t/a Milan Restaurant, 13 Hook Mtn. Road, Pine Brook (inactive)

·         1421-32-003-005      OKCF, Inc.  t/a County Line Pub, 100 Bloomfield Avenue, Pine Brook

·         1421-33-004-002      Don Pepe, Inc.  t/a Don Pepe, 18 Bloomfield Avenue, Pine Brook

·         1421-44-005-005 H & D Liquor & Wine, Inc.  t/a Montville Wine & Spirits, 263 Changebridge Road, Pine Brook

·         1421-33-006-001  Lake Valhalla Club, 6 Vista Road, Montville

·         1421-33-007-005  Orense Spain, Inc. t/a Sevilla Spain, 29 Route 46, Pine Brook

·         1421-33-008-004      83 Mt. Rail Corp.  t/a Columbia Inn, 29 Route 202, Montville

·         1421-32-010-004 FHN Cuisine, LLC t/a Montville Inn, 167 Route 202, Montville

·         1421-33-011-007 Bonefish-Jersey/Long Island Limited Partnership, 28 Route 46, Pine Brook

·         1421-33-012-006  144 Route Enterprises, Inc. t/a Harrigan’s, 142 Main Road, Montville

·         1421-33-013-003  Poor Hanks, Inc. t/a Poor Henry’s, 8 Main Road, Montville

·         1421-32-014-007      SCO, Inc. t/a Red Barn Wine Cellar, 446 Route 202, Towaco

·         1421-33-015-002 Goose’s Restaurant Group, Inc. t/a Tiffany Restaurant, 74 Bloomfield Avenue, Pine Brook

·         1421-32-017-002      Dat Crupa, Inc. t/a D & D Liquors, 5 Old Bloomfield Avenue, Pine Brook

·         1421-32-016-008      29-41 Route, Inc., 5 Morris Avenue, Montville (inactive)

·         1421-44-018-001      Anthony Pio Costa, III, 1275 Bloomfield Avenue, Pine Brook (inactive)

 

Motion:  Sandham.  Second:  Bader.  Discussion:  Bader asked if there are any problems with any licenses during the year, can their license be revoked?  Bryce answered yes, there is a procedure that would be followed. 

 

Township Clerk Atkinson stated if Red Barn Liquors fire code issues are not resolved, their license would be issued with a condition.  The resolution would indicate that.

 

All in favor.  Resolution adopted.

 

NO. 6 – RESOLUTION AUTHORIZING CHANGE ORDER #1 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND MSP CONSTRUCTION:

 

WHEREAS, The Township of Montville and MSP Construction Corp. entered into a Contract for the Lincoln Park Water Interconnection; and

           

WHEREAS, it has been determined that certain changes to this Contract are necessary; and

           

WHEREAS, the details of the proposed Change Order are as follows:

 

            -            Extended length service for 23 West Drive – 110’ of 1” copper

            -            Extra hourly charge for Lincoln Park Police – 321 hr. @ $18.52

            -            Extra concrete at culvert crossing – 3 cu. yds. @ $166.67

            -            Leak investigation & pavement repair – 38 Main Road

            -            Contract line item variations

; and

 

WHEREAS, MSP Construction Corp. has submitted a change order for the necessary work in the amount of $9,432.66; and

 

            WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with MSP Construction Corp. as a result of this change.

 

            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 following Change Order is hereby approved in the Contract between the Township of Montville and MSP Construction Corp.:

           

Original Contract Price:                           $302,950.00

            Amount of This Change Order                   9,432.66

            Total New Contract Price                            $312,382.66

            Percent Increase of this Change Order               3.1%

 

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

 

NO. 7 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO MSP CONSTRUCTION CORP. SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, MSP Construction Corp. is the contractor for the Lincoln Park Water Project (Contract 2004.26); and

           

WHEREAS, William D. Ryden, P.E., the Township Water and Sewer Engineer, has recommended that the Lincoln Park Water Project (Contract 2004.26) be accepted by the Township and that final payments be made; and

           

WHEREAS, MSP Construction Corp. is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

           

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 accepts as final the Lincoln Park Water Project (Contract 2004.26) and releases to MSP Construction Corp. final payment in full; and be it further

            RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from MSP Construction Corp. in a form approved by the Township Attorney and 2) receipt of an Affidavit from MSP Construction Corp. as to release of all claims and liens.

 

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

 

NO. 8 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO CLEARWATER SERVICES SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Clearwater Services is the contractor for the Forest Park Pump Project (Contract 2007.10); and

           

WHEREAS, William D. Ryden, P.E., the Township Water and Sewer Engineer, has recommended that the Forest Park Pump Project (Contract 2007.10) be accepted by the Township and that final payments be made; and

           

WHEREAS, Clearwater Services is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

           

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 accepts as final the Forest Park Pump Project (Contract 2007.10) and releases to Clearwater Services final payment in full; and be it further

           

RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from Clearwater Services in a form approved by the Township Attorney and 2) receipt of an Affidavit from Clearwater Services as to release of all claims and liens.

 

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

 

NO. 9 – RESOLUTION AUTHORIZING RIGHT-OF-WAY AGREEMENT WITH FIBERTECH NETWORKS, LLC TO PERMIT THE INSTALLATION, USE AND MAINTENANCE OF TELECOMMUNICATIONS FACILITIES:  Carried to next meeting.

 

NO. 10 – 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.  Discussion:  Bader stated there are a lot of trips to Wayne Auto Supply, which I understand is a State contract.  Can Frank Bastone or Tom Mazzaccaro look into them delivering to us instead of us going there to pick up?  Vanderhoof stated Wayne Auto has actually just lost the NJ State contract.  It is now AutoZone, and they do have a delivery service.

 

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

 

Nielson stated our next regular meeting of June 24th has been cancelled.  Our next regular meeting is July 8, 2008.

 

COMMITTEE COMMENTS:

 

Committeewoman Bader:  None.

 

Committeeman Braden stated you are all invited to chaperone Project Graduation.

 

Committeeman Sandham stated I send a note to the Administrator and Linda White asking for some movement at Rathbun Road.  There seems to be nothing being done by the contractor. 

 

We have been getting notices about COAH and the impact on municipalities.  Maybe we should have someone who is knowledgeable about Montville come talk to us about what this means, the impacts, and what our position should be.  Maybe that is a joint meeting with the Planning Board.

 

Bastone stated we did join in with the Morris County League of Municipalities in their opposition to it.  We are asked to contribute $500 for the effort.

 

Nielson stated the Planning Board has had discussions with our planner, Mr. Burgis.  Montville has a surplus of COAH credits right now.  The regulations are in a state of flux right now.  The Planning Board is on top of it. 

 

Bryce stated COAH did adopt its third round regulations.  This is a topic of discussion in many municipalities.  There is no clear guidance that can be given at this juncture.  Unfortunately, the rules really are in a state of flux right now.

 

Barile stated he researched the developer’s agreement on Rathbun Road.  They have a 5-year period of time for their approvals.  I did speak to Bob Oostdyk, Township Attorney, and he feels we may be able to get some movement through the property maintenance code.  I will speak to Linda White in the morning and have conferred with Mr. Oostdyk.

 

Committeeman Daughtry stated he is pleased that Recreation is going to charge the $5 assessment fee.  We will see how that goes.

 

HPRC – I honestly believe a lot of progress is being made.  We received an e-mail about possibly renaming Camp Dawson to Young’s Park, after the original owners.  Keep an open mind.  We don’t have to rename the whole tract, maybe just rename a portion of it, have a plaque, etc.

 

HPRC cleaned up Dorsey Pond on Saturday.

 

HPRC - They are actively taking the historic list and updating it, which is still prompting issues.

 

Animal Shelter – I congratulate the Administrator and whoever else worked on this for getting the gore resolved at 7 Church Lane.  Animal Shelter subcommittee – Tim Braden volunteered to work with me.  We asked Gail and Sandy to brainstorm.  We need to set up a meeting.   We need to get an LOI.  Bastone will talk to John Wozniak about a meeting date and get a list from him about what they are concerned about.

 

Chairwoman Nielson stated there have been complaints about speeding on Konner Avenue.  I have spoken to the Chief about it.

 

There is a lot of brush along Taylortown Road – the area between Route 202 and William Mason School.  Residents would like the speed limit reduced.  Requested Mr. Barile do an inspection and coordinate with Mr. Bastone.

 

All are invited to the Morris County League of Municipalities dinner on June 18th at County College of Morris.

 

Skateboard park subcommittee – first meeting was last night.  They are also looking at roller hockey. 

 

Received a letter from Riverdale expressing their deep appreciation to our three fire departments for help in coverage for the accident recently on Route 23.  Kudos to them.

 

Request from Board of Education president for a joint meeting.  Schedule for July 22 tentatively, 7 to 8 p.m. 

 

Meeting adjourned at 9:45 p.m.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 23 July 2008 )
 
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