MTC Meeting Minutes 05-13-08 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, May 13, 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:            Committeewoman Jean Bader

Committeeman Tim Braden

                        Committeeman Art Daughtry

                        Committeeman James Sandham, Jr.

                        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-051308 PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:  Property Acquisition; Litigation – Woodmont Builders; Camp Dawson Field Warranty; Contract Negotiations – 1st Aid Squad.

 

Motion:  Sandham.  Second:  Bader.  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 led by Committeewoman Bader.

 

Pledge of Allegiance led by Cub Scout Pack #68 of Towaco.

 

PRESENTATION BY MONTVILLE TOWNSHIP WOMEN’S CLUB, ENVIRONMENTAL COMMISSION, AND URBAN RENEWAL INC. TO TOWNSHIP SOLDIERS BEING DEPLOYED TO THE MIDDLE EAST:  Michele Caron, Women’s Club president; and Mr. Lane Jacobs of Urban Renewal Corp., present.  Jacobs reported the computer recycling days in Montville Township were extremely successful.  We are a nonprofit corporation.  We do job training for the homeless.  The electronics we refurbish and repair if we can’t recycle them.  We have been able to contact a number of servicemen in Iraq and Afghanistan.  When we get laptops, we give them to the servicemen.  I want to thank Montville Township for being a part of it.  We are proud to be able to offer these Montville servicemen laptops: 

 

Mark Peer, Marines, second tour to Iraq.

Robert Peer, Army, second tour to Iraq.

Richard Tichenor, III, Marines.

Kyle Witty, Marines, second tour to Iraq.

Shea Entholt, National Guard, second tour to Iraq.

Steve Albert, Marines.

Robert Kirshner, Marines.

Joe Davieau, Marines.

 

Present from VFW – Joe Quade. 

 

Caron stated not only are the servicemen getting laptops, but also the Women’s Club is putting together a wish list for care packages to send to the soldiers, and they are also organizing a “Flat Stanley” letter campaign.

 

Terry Cavanaugh, member of the Women’s Club, sang God Bless America.

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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.

 

Chairwoman Nielson introduced Mr. Joe Burgis, Planner for the Planning Board. 

 

Burgis stated this is a public hearing, or second reading, on the proposed ordinance.  The municipality had originally engaged the Taylor Group in 2003 to prepare a business district plan for the Towaco Town Center.  A form of this was adopted in 2004.

 

In 2007, it did not appear the document was entirely consistent with the grant for the project and the some of the design elements didn’t seem to work or be consistent with design criteria.

 

We worked with the Planning Board for about 15 months.  There have been various meetings and hearings – 14 or 15.

 

The grant called for five specific components:  Transit oriented development.  Mixed use – retail and/or office and multi-family residential.  Originally talked about thirty units.  The State said we had to increase it to 45.  Encourage pedestrian oriented design.  Need for context sensitive design.  It was originally 65 acres.  We reduced it down to 45 acres. 

 

Series of goals:  We would allow three stories in the rear of the buildings that had slopes.  Remove back up parking movement.  Design standards.  Modest intensity and density.  Achieve economic development. 

 

Two zones:  TC-1 and TC-2.  Showed map.  Also illustrated on last page of ordinance.  TC-1 zone – 13 acres.   Residential and nonresidential uses.  At grade – retail with offices above.  Maximum of 45 dwelling units allowed in both zones.  Entire district equals 1.1 unit per acre. 

 

TC-2 zone:  Permit retail and offices at grade.  Above – offices or residences. 

 

Impact on school system:  Looked at a number of studies of similar-type projects in northern New Jersey.  We do not anticipate many public school children residing on site.  Built into this ordinance is a requirement that after twenty units are occupied, we will look at the number of school-age children.

 

Redevelopment area:  should it be purchased as permanent open space?  Showed aerial exhibit of TC-1 zone, 13 acres, overlaid with the development.  The open space behind it is mostly wetlands.  It would be better to use our resources to purchase open space that may be able to be developed. 

 

Parking along Route 202:  eliminated backing out parking and providing for parallel parking.  This is consistent with current design criteria and the State’s objective of slowing traffic through business districts.

 

Possibility of increasing the buffer zone to the north of the property:  at present the ordinance requires a 150-foot buffer.  The question is can we increase it to 200 feet?  You could, but then you would lose 30 to 40 parking spaces.  It also reduces the floor space.  There is already not a substantial amount of floor space incorporated in this design.  Reducing it more decreases the likelihood of redevelopment.

 

Under the current zoning:  you would require a number of variances for any individual property to see it developed.

 

Increasing the buffer would decrease the likelihood of redevelopment.

 

Paths:  when any redevelopment occurs, we will make sure there are sidewalk improvements and bike paths. 

 

Using old swim club for parking:  originally we had looked into that, but it was not incorporated.  We did not need that additional area.  There are also environmental restraints on using that property.  Requirement is ten spaces per 1,000 s.f., which is double what any contemporary ordinance requires today. 

 

Nielson stated 200-foot buffer – this was raised at the Planning Board level.  This ordinance does address supplemental plantings so there is sufficient screening.  This will be addressed also at site plan approval hearings.

 

Committeewoman Bader stated I e-mailed Mrs. White my questions and she forwarded to Mr. Burgis.  Shared parking – how does this affect the density of the site, and how does ownership affect that, because ownership will change.

 

Burgis stated they will be required to obtain internal access easements.  A developer will have to get approval.

 

Bader asked will this increase the density of the site?  Burgis answered no, it will not. 

 

Bader asked the guarantee of shared parking will be in the deed?  Burgis stated it will be in the site plan approving resolution and in the developer’s agreement.

 

Committeeman Sandham stated the traffic issue – volume through that portion of town.  Will parallel parking slow down the traffic?  Burgis stated the parallel parking we have is designed so you can pull in.  No one has to back in.

 

Sandham asked can we limit the number of multi-bedroom units?  Burgis stated unfortunately there is case law that precludes municipalities from imposing caps on bedroom distribution.

 

Sandham stated for the record, I realize improvement is needed in the area.  Since three years ago, we have added a bunch of protections, including protection of the aquifer in ordinances and other things. 

 

Committeeman Daughtry stated congratulations to the Planning Board on a great effort.  Regarding housing units, when you use the term development, it is really the overall tract – both zones.  The Planning Board and the Township has an obligation going forward to keep that concept in mind.

 

Nielson stated page two of the ordinance talks about maximum square footage.  It was not intended to be a regional shopping center.  It is intended for the residents of Montville Township.  We are not looking for a Walmart of Target.  Can you explain the square feet?

 

Burgis stated the typical big box is 120,000 s.f.  A supermarket is typically 40,000 s.f.  We are talking half that size. 

 

Nielson stated the drawing on display is a concept plan only.  It is not approved.  The Planning Board wanted to give incentives for all the property owners to work together.  That was the intent – to have a cohesive plan for the area.

 

Chairwoman Nielson opened the public hearing.

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated if we find in three years there are more than, say, eight children in those twenty units, what is our remedy.  Can we evict them? 

 

Burgis stated we can modify the zoning ordinance.

 

Quatrone asked did you do a study of Rachel Gardens?  Burgis answered I don’t recall which ones we looked at.  We looked at a number of projects.

 

Nielson stated this is a transit village.  It is not geared for children.  There are not amenities such as tot lot, etc., like Rachel Gardens.

 

Quatrone stated if the plan for the density doesn’t work, who do the residents get to blame?  Who is responsible?  Burgis replied I would suspect through the Township Committee, the planner would be to blame.

 

Quatrone stated the land in the back – you said it probably could not be developed.  It is best to spend the money on other properties that can be developed? 

 

Burgis stated I said it is best for the Township to buy properties that they are concerned with possibly being developed.

 

Quatrone stated I thought our open space dollars went to preserve open space.

 

Burgis stated you misunderstood what I said.

 

Nielson stated the Township Committee votes to purchase open space that will remain open space in perpetuity.  We are looking at acquiring additional properties.  The Township Committee and the Open Space Committee work together to purchase properties to preserve the maximum amount of current land.

 

Sandham stated I asked the question should we buy any of that property back there for open space to inhibit the development.

 

Ryan McDermott, 14 Hemlock Drive, Montville, stated my family and I own property in the TC-2 section.  We have submitted a basic site plan.  On one end of the property we have housing and at the other end a restaurant – two things that fit into this plan.  In order to finance the restaurant, we have to have the housing on the property.  We will need a building that is two stories for the housing.  What we are looking to do is build a building that will have housing on the first and second floors.  We would like to move the Columbia Inn down to the Towaco Train Station.  I think it will work very well for Towaco.  Our only roadblock right now is to have a housing complex on the property with two stories.  I am here to put that in front of everyone.

 

Burgis stated Mr. McDermott’s planner called me on Monday to talk about the concept sketch.  The principal focus for our design has always been the side of Route 202 that is not Mr. McDermott’s property.  To change that would require an adjustment to the master plan. 

 

Nielson stated this was a subject of many discussions at Planning Board.  You are free to request what you want and go for variances.  The master plan has been approved.  This ordinance is consistent with the master plan.  That is not on the table tonight. 

 

McDermott stated I am just putting this out there. 

 

Nielson stated you will have a chance to submit a formal plan.  McDermott stated that will be our intention.

 

Ron Cain, Vice-Chairperson, Economic Development Committee, stated our committee does support this ordinance.  We feel the revitalization of the Towaco Center is a positive move for economic development.

 

Russ Lipari, Vice-Chairperson, Planning Board, and resident of Towaco, stated in the comments section of the ordinance, when we review the school-age children, we are also going to address age-restricted housing.

 

Nielson stated on page four it does reference a school impact study and it will add an age-restricted component if there is an issue with school-age program.

 

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

 

Sandham stated we did put together a bulleted list of ordinances that have been adopted for protection.  Can we authorize Frank Bastone to put that on the website?  Township Committee – yes.

 

Nielson stated the Planning Board has considered this issue for at least 15 months.  It has become a better ordinance with input from the community.  It protects the aquifer and is consistent with our stormwater management regulations.

 

In 2007, we adopted a wellhead ordinance.  We have exceeded the statutory requirements on notice.  Also, we sent out 174 letters as a courtesy.  We tried to have this process as open as possible.  I think there are safeguards in this ordinance to protect the aquifer and impervious coverage.

 

I think the approval of any ordinance is fundamentally important to guide us in redevelopment of this area.  It lets developers know what this town expects from them.  There is still site plan approval and further refinement.  This ordinance was unanimously approved by the Planning Board. 

 

Motion to adopt ordinance:  Daughtry.  Second:  Bader.  Discussion:  Bader stated we all recognize that the master plan is really needed in Towaco.  I thank the Planning Board for working very hard for many years.  I attended many meetings.  I like the ordinance.  I live in the Pine Brook section.  I don’t feel there is enough information on page 11 – shared parking.  There is one brief sentence.  There is no depth or detail as to how this will be played out.  I would like the Planning Board to add depth to this. 

 

Nielson stated this Township has an ordinance about the shared parking.  That ordinance explains the depth and it was reiterated in this ordinance. 

 

Bader stated I would like it spelled out in this ordinance.  Just a comment I would like the Planning Board to address.

 

Committeeman Braden asked can we make a reference to the parking ordinance in this ordinance?  Burgis answered yes.  Township Committee all agreed – incorporate the reference into the ordinance.

 

Roll call vote – Bader, no; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Ordinance adopted.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Terry Cavanaugh, Pine Brook Road, Towaco, handed out information regarding unsafe lead levels for children.  This is due to contaminated soil and drinking water.  I don’t want any lead in the aquifer.  I urge you before you do anything, please exercise precautions.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported they received a notice from T-Mobile for a five-year renewal on the cell tower at the public safety building (350 Main Road).  It is an automatic renewal.

 

Daughtry stated they need to reach out to the 86 River Road tower operator regarding sharing the generator.

 

Bastone reported they have the Finance Officer’s report for the Vreeland outkitchen and the Doremus House.  Nielson stated the contribution on the Doremus House is over $600,000.  We need to get a status report on that.  Daughtry will take back to Kathy Fisher.

 

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, reported they were served with a complaint from Meadows @ Montville.  We will be filing an answer.

 

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported they have been working with the County Engineer on the salt barn joint project.   

 

DISCUSSION ITEMS:

 

NO. 1 – COAH:  Bastone reported there are a variety of efforts that have been initiated in response to COAH’s third round regulations and their impact on municipalities.  I would recommend that we participate in the league effort.  It would cost $500.  Motion to participate in league effort:  Sandham.  Second:  Bader.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Motion approved.

 

Sandham stated other towns have adopted resolutions.  We should do the same.

 

Nielson stated the Planning Board is discussing that.  Wait for the Planning Board.

 

NO. 2 – CREDIT CARDS:  Bastone stated the banks charge us credit card fees.  It is recommended that we contract with a service wherein the credit card user would have to pay the fee. 

 

Sandham stated the Long-Term Financial Planning Committee discussed this.  They are in support of taking the fees off the Township.  Township Committee consensus – ok.

 

NO. 3 – PERSONNEL MANUAL – MILITARY LEAVE:  Bastone stated there is a typographical error in the policy that needs to be addressed.  There are two conflicting items.  It should be one or the other.

 

Frances Vanderhoof, Director of Finance, stated there is past practice, and we only had one occasion.  The military pay was greater so we never had to pay.  Bastone stated the question is do we want to pay the difference if the military pay is less. 

 

Nielson stated she would like to be consistent with other towns.  Bastone will call surrounding towns.  Item will be on next meeting agenda.

 

NO. 4 – HILLDALE SCHOOL SERVICE ROAD:  Bastone stated Mr. Mazzaccaro has been working with the Board of Education on this.  Nielson stated they are just seeing this tonight, and she would like more time to review.

 

Braden stated the reason for the project is there is no way to get back to the rear of Hilldale School.  There is a ball field back there that is used by our baseball/softball association.  The field is in a very dangerous state right now.  It is a safety concern.  It is a BOE field; however, the BOE does not use it.  The principal there is all for this.  I would like to see a collaborative effort with the BOE on this.  They would be able to maintain it a lot better.  Braden stated I am sure the MBSA would put some effort into it.

 

Thomas Mazzaccaro, Director Water & Sewer/DPW, stated I believe there is some urgency to it because it is very labor intensive to do any work up there.  The drainage is causing erosion to the field.  This is not a major road; just a matter of cutting a pathway so we can bring a machine back there.  I think it is important that we move quickly on this.

 

Daughtry stated I would like to send a letter to the property owner there and put a red ribbon on the trees where the access would go so everyone can see it.

 

Mazzaccaro stated I believe the BOE is talking about it tonight.

 

Township Committee – ok, subject to the details and the cost.

 

Mazzaccaro stated I think the intent is for the BOE to pay for the materials.  Braden stated see what the BOE comes back with after tonight’s meeting, and speak to the MBSA.  Mazzaccaro and Bastone will approach the BOE.

 

NO. 5 – COMMUNITY DEVELOPMENT BLOCK GRANT:  Bastone reported we just received today the community development block grant program information.  This is the opt out process for Morris County Community Development.  I have a call into them and the NJ Department of Community Affairs to see if Montville Township would be eligible for the Small Cities grants.  My recommendation is to be authorized to give Morris County Community Development an answer when I know if we are eligible for the Small Cities grants or not.

 

Authorize Frank Bastone to make a final determination.  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Motion approved.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated last week, I had brought up putting the budget up on the website.  The Attorney had commented what we are doing meets with out legal requirements.  I think that my question was misunderstood.  As we know, it is the Administrator’s job to run the town everyday, and the Township Committee sets policy.  My question was one more of policy.  That is, do we want to, as a town, be only as open as the law requires us or if it is not going to add to the burden, should we be as open as we can and present this type of material so that people can review it.

 

Another item – also from that meeting, the Township Attorney made a comment that confused me a little bit.  He said in response to my questions about the meeting minutes that I am working with the Clerk on that.  I will advise her, because we have had some litigation concerning both subject matters and we are the ones who had set forth the policy and what we feel has to be done, and we are working with the clerk on that so we will hope to have it by the next meeting.  That was regarding the minutes that I had requested under an OPRA request.  I was a little bit confused by that so I sent an e-mail to Mr. Bastone asking for clarification if there was litigation surrounding our policy or if it was with something in those particular minutes because I know that we just have a new policy.  Part of the response that I got included minutes that had previously been approved for release with information redacted will be reviewed periodically hopefully once per month and release what can be released.  I think that does not comply with the new policy, which basically said that things would be reviewed at each meeting.  I would like a comment on that.

 

In the same e-mail, I pointed out to the Administrator some discussions that had gone on in the Township Committee meeting right before he was brought on, specifically about the Charter Study Commission and that at that meeting the CSC had requested that their reports would be posted on the Township website and then the Township Committee passed a resolution authorizing the Township to do so, but that was delayed because the website was not ready yet.  I received a response from Mr. Bastone saying that he was not aware of any law that required us to do that.  I would point out that the Township Committee did pass a resolution saying that we should have this on the website and in our charter section 2.15 of the charter which sites the administration of the town, Administrator powers and duties number a. - the Township Administrator subject to the supervision of the committee shall - number 9 - perform such other duties as may be required by ordinance or resolution of the committee.  So I think that either we should have that up there or we should pass another resolution saying we don’t want to have that up there.

 

While looking to find the minutes of that particular meeting, I noticed that all of the minutes from 2006 had been removed from the website.  I am wondering why we would want to remove old minutes since it basically costs us nothing to have them up there. 

 

On the subject of minutes - on November 27, 2007, I had brought to the attention of the board that the Board of Health had elected not to put their minutes of their meetings on the website.  There is also a directive from the town that all of the different boards should put their minutes on the website so I had a question about whether or not the Board of Health, as an independent board, needed to comply with that.  Mayor Daughtry had said that if it is an issue it will be dealt with at the appropriate time with the appropriate people, but we should get the website up first.  I wanted to follow up and see if that was dealt with.

 

Nielson stated I am making a list here.  I am up to five or six.  How many more do you have?

 

Lefkowitz stated I think just two.

 

Nielson stated because I am not sure we are going to get to all these answers.  Some of them it appears you received answers and you are not happy with the answers.  Others are flat out questions.   We will go through these as best we can and perhaps some of the questions about the minutes being removed and the question about the Board of Health are good ones - but you didn’t submit any of those questions in advance.  I am taking notes here – we are trying to help you out.  Some of these are good questions.  I am just trying to see how we can expedite this.

 

Lefkowitz stated on 9/11/07, when discussing the animal shelter and discussing that you were talking with the County, etc., I had raised the question about whether or not it made sense to even run our own animal shelter of whether we should be outsourcing to somebody.  At the time the response was well we are not married to this.  We need to do some analysis to see whether that makes sense.  At the last meeting, it was mentioned that we would now look at this that people outside the government would work on moving the animal shelter.  I was wondering it that analysis had been done because it would be silly to move the animal shelter only to find out that it doesn’t make sense to have it ourselves. 

 

Finally, at the 11/27/07 meeting, Mayor Daughtry had stated that his goal was a paperless meeting with everything up on a screen at the meeting.  The Township Committee agreed that they would think about it.  Has anyone thought about it? 

 

Nielson asked is that it?  Lefkowitz answered it is not, but I will save some for next meeting.

 

Nielson stated I have notes here, and our Clerk is taking notes.  What I would like to do is if it is not urgent, get you the answers and the Township Committee answers to those questions that you have that you haven’t asked prior to tonight.  The questions you asked prior to tonight and are not satisfied with the answer, I guess we can get Mr. Bastone’s responses to you.

 

Lefkowitz stated one was a policy question for the board. 

 

Nielson stated I understand that but I don’t know that we are prepared to discuss all 7 or 9 of these items at this time.  I don’t think that is fair to all of us and you.  Some of these seem to be able to be disposed of fairly quickly - yes, no, maybe.  So that I would ask that we be able to respond to you by next meeting, if that’s ok.  I am not trying to put you off.  There are a number of them here - they have A part and B part.

 

Lefkowitz answered yes.

 

Nielson stated we will get back to you publicly, private, whatever is most appropriate.  Thank you for your questions.  I am interested in some of them myself.  We do have the budget here at town hall.  I guess you could sign it out.  You are welcome to take a look at it.  We all have copies of it.  I know Mrs. Bader has offered to have you borrow her copy.  We have had several reiterations; I don’t know that mine has all the proper inserts because they have changed on a regular basis.  The most current are here in town hall.  They are available to you as you know, but if for some reason you need to take them overnight, if we had a sign out process or something like that – they’re bound.  But again Mrs. Bader and Mr. Sandham, I am sure any of us would let you borrow ours.

 

Lefkowitz stated basically it is not just for my own benefit.  If everybody is so open to loaning them out then why don’t you just put them up there.

 

Mort Grossman, Lee Court, Montville, spoke about the credit cards.  About 10% of the people will be facing a cash flow problem.  When you change the procedure, give enough time in front of it so they all know.

 

Nielson stated it will be in the Montville Messenger and on the website.  Sandham stated I want everyone to understand we are not eliminating the use of the credit cards.  There will just be a fee.

 

Daughtry stated we can notify the individual users also.  Bastone stated that will be an onerous task because it is not only taxes.  It is recreation and water & sewer also. 

 

Carl DeBacco, 36 Bloomfield Avenue, Pine Brook, asked about the status of the tax issue that Mr. Avila brought up at last meeting about Home Depot.  Bastone stated I received information from another gentlemen about what other entities are paying in other towns.  It is being followed up on.

 

DeBacco stated on April 29, I received a letter from Mrs. Vanderhoof concerning financial statements from the VFW and other organizations.  The ordinance has nothing to do with what we are doing.  It has to do with organizations that utilize town-owned recreation property.

 

Bastone stated there is an unwritten policy that was adopted two years ago that any organizations that use Township property submit financial statements. 

 

Murphy asked if there is a lease for the property for the VFW.  DeBacco answered no.  Murphy stated because our leases have that clause also. 

 

Sandham stated this requirement came about in March and April 2006.  If we are providing in-kind or monetary services to organizations, I thought it was incumbent on us to know their financial situation.  We agreed as a Township Committee to initiate a policy.  We did not put it in writing at this point, but maybe we should.

 

DeBacco asked for clarification on it.  Sandham said ok.

 

Vanderhoof stated of 25 organizations, 23 have submitted.  The two that have not are the VFW and the Towaco Civic Association.

 

Daughtry stated I have to report to Recreation tomorrow night.  The two highest costs per person line items are the Edmunds Barn and the VFW.  This has nothing to do with your direct comment.  Everyone should just be comfortable reporting what they have.  It is public funds being spent on charitable organizations.

 

Vanderhoof stated in the past year, we spent $58,000 on the Sisco House.  DeBacco stated we spent money on the window treatments. 

 

Sandham stated this was not at all meant to be adversarial when it was put in place.  It was to identify potential issues and handling them when they come up.  We are trying to work together. 

 

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

 

Lefkowitz asked if they were going to respond to any of his questions.

 

Nielson stated there are 7 to 9 items here.  We will try to get you an organized response by the next meeting.

 

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2008-20 AMENDING CHAPTER 3.12 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “OPEN SPACE DEDICATED TRUST FUND” TO INCREASE THE OPEN SPACE TAX BY $.01 PER $100.00 OF VALUATION:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 27, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Braden.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2008-21 AMENDING CHAPTER 16.44 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:  B-3 zone.

 

Nielson stated this is recommended by the Planning Board.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 27, 2008, at 8 p.m.  Motion:  Braden.  Second:  Bader.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Motion approved.

 

NO. 3 – BOND ORDINANCE NO. 2008-22 PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,499,150 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,265,442 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 27, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Daughtry.  Discussion:  Bastone stated the ordinance includes the $175,000 grant from NJDOT.  It also includes $10,000 requested by Mr. Barile for miscellaneous street light poles around town.  We have consulted with the Police Department and they concur with us on several locations.  We have to pay the utility company when there is a new pole and wiring involved. 

 

Daughtry asked if we sent a memo to the BPU – because part of the original franchise agreement from the 1920’s and 30’s that has actually been in force for all these years - the town had divine rights to any facilities in the public right-of-way.  It is in the original joint use agreement.  Barile stated he did not deal with the BPU.  Daughtry will look into it.

 

Bastone stated there is another item for $3,250 requested by Mayor Nielson.  Nielson stated as we all have complaints about speeding all over town, the speed sign we have will not fit in smaller locations.  Chief Cook asked if we could have one smaller speed sign unit this year.  They requested two.  They would like one this year.  Township Committee – ok.

 

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

 

NO. 4 – BOND ORDINANCE NO. 2008-23 PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER UTILITY OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $190,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 27, 2008, at 8 p.m.  Motion:  Daughtry.  Second:  Sandham.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Motion approved.

 

NO. 5 – ORDINANCE NO. 2008-24 ESTABLISHING THE 2008 SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS AND METHOD OF PAYMENT OF SUCH SALARY OR WAGES:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for May 27, 2008, at 8 p.m.  Motion:  Daughtry.  Second:  Bader.  Discussion:  Bastone stated there are two variations of this ordinance.  The maximum salaries on both ordinances are identical.  What is different is the elimination of step movement on the titles of those at their maximum salary.  If you recall, we discussed eliminating steps when we hired the Social Services Director and the Management Specialist.  The recommendation is for version #2 of the ordinance – the one without the steps as indicated above.  Daughtry clarified his motion to put forth version #2 of the ordinance as per Mr. Bastone’s recommendation.  Bader, who seconded the motion, agreed.

 

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

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA9:  Motion:  Sandham.  Second:  Bader.  Discussion:  Sandham stated approve item c pending the resolution of the two pending issues.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – 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

 

Mark Hovaniak

25 Douglas Drive

Towaco, New Jersey

(Block 89, Lot 4)

 

 

 

Soil Stabilization

 

 

 

$   640.00

Peter Nagle Builders

916 Main Street

Boonton, New Jersey

(Block 109, Lot 30.5)

 

 

 

Soil Stabilization

 

 

 

$2,100.00

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

 

CONSENT AGENDA ITEM B – RESOLUTION ACCEPTING PERFORMANCE BOND – WILLIAM IELLIMO, BLOCK 82, LOT 8.01, 30 CHANGEBRIDGE ROAD:

 

WHEREAS, William Iellimo, the developer of property known as Block 82, Lot 8.01 (30 Changebridge Road), are required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, William Iellimo has submitted a Performance Guarantee in the form of Irrevocable Letter of Credit No. 630059714 issued by Lakeland Bank in the amount of $16,776.72 and cash in the amount of $1,864.08; and

           

WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by William Iellimo in the form of Irrevocable Letter of Credit No. 630059714 issued by Lakeland Bank in the amount of $16,776.72 and cash in the amount of $1,864.08 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE ISSUANCE OF A TOURIST ACCOMMODATION LICENSE FOR THE YEAR 2008 TO THE PINE BROOK MOTEL:

 

WHEREAS, the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6), has applied for a Montville Township Tourist Accommodation License Application for the year 2008; and

           

WHEREAS, pursuant to Revised General Ordinance Chapter 5.54, the Application has been reviewed and the Township Committee finds that the requirements for a Tourist Accommodation License Application for the year 2008 have been met.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that a Tourist Accommodation License for the year 2008 shall be issued to the Pine Brook Motel, 12 Route 46 West, Pine Brook, New Jersey, (Block 162, Lot 6); and

           

BE IT FURTHER RESOLVED that the Township Clerk shall be authorized to issue this License subject to full payment of all License fees.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING ISSUANCE OF SOLICITOR’S PERMIT TO SEDAT YILDIZ T/A MR. SAM’S ICE CREAM:  Year 2008.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – OLD LANE SUBDIVISION:  Block 39.07, Lot 2.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE RENEWAL OF A JUNKYARD LICENSE TO V & V RECYCLING, INC. – BLOCK 56, LOT 12.01:  144 Main Road.  Motion:  Braden.  Second:  Bader.  All in favor.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE RENEWAL OF A JUNKYARD LICENSE TO G.I. AUTO SALVAGE CO, INC. – BLOCK 179, LOT 1:  85 Old Bloomfield Avenue.  Motion:  Braden.  Second:  Bader.  Discussion:  Sandham stated approve subject to the approval by the Health Officer.  All in favor.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE HORSENECK ROAD RESURFACING PROJECT:

 

WHEREAS, eleven (11) bids were received for the Horseneck Road Resurfacing Project; and

           

WHEREAS, the lowest responsible bid of $200,215.95 was received from DLS Contracting, Inc.; and

           

WHEREAS, the Township Engineer has recommended the award to DLS Contracting, Inc.

           

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 DLS Contracting, Inc. shall be awarded the Contract for the Horseneck Road Resurfacing Project.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE PHASE II RESTORATION OF THE DOREMUS HOUSE:

 

            WHEREAS, three (3) bids were received for the Phase II Restoration of the Doremus House; and

 

            WHEREAS, the lowest responsible bid of $189,200 (including the two add alternates)  was received from L.G. II Co., Inc.  The amount of grant funds available for the project are $194,415, therefore the low bid including the two add alternates is within the current budget for the project; and

 

            WHEREAS, the Township Engineer and HJGA Consulting (consulting engineer) have recommended the award to L.G. II Co., Inc.

 

            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 L.G. II Co., Inc. shall be awarded the Contract, including the two add alternates, for the Phase II Restoration of the Doremus House in an amount of $189,200.

 

Motion:  Braden.  Second:  Daughtry.  Discussion regarding phase II, is this last phase?  Daughtry will carry back to the Historic Preservation Review Commission.  Sandham stated if you look at the bids, it doesn’t seem like the base bids are consistent.  Needs to be standardized going forward.

 

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

 

NO. 5 – RESOLUTION ACCEPTING THE BID FOR THE SALE OF THE RECREATIONAL/BASKETBALL DOME:

 

WHEREAS, the Township of Montville, pursuant to N.J.S.A. 40A:11-36 advertised for bids for the sale of the Recreational/Basketball Dome through New Jersey State Contract #A70967; and

 

            WHEREAS, bids were received for the Dome on our website; and

 

            WHEREAS, the Township’s Director of Finance and the Township’s Director of Roads and Public Works reviewed the bid and have found that there is no substantive or procedural deviations and thereby recommends the sale of the Recreational/Basketball Dome to the highest bidder.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, as follows:

 

1.  The following bid was received through New Jersey State Contract #A70967, under the name of Govdeals.com and is hereby accepted;

 

                                    Iglesia Pabellon de la Victoria en Ponce Church

                                    Post Office Box 7425

                                    Puerto Rico 00732-7425

 

                                                Bid price            $10,500.00

 

  1. The appropriate Township Officials are hereby authorized to execute such documents as may be necessary to effectuate the transfer of this item upon payment.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE MORRIS LAND CONSERVANCY:  Open Space Consulting Services 5/1/08 to 4/30/09, $8,500.  Motion:  Daughtry.  Second:  Bader.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Resolution adopted.

 

NO. 7 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Approval of closed session and public session minutes - regular meetings 02/12/08; 02/26/08; and 03/11/08.  Motion:  Bader.  Second:  Sandham.  All in favor.  Resolution adopted.

 

Approval of closed session and public session minutes – regular meeting 04/08/08:  Motion:  Bader.  Second:  Sandham.  All in favor except Braden and Nielson - abstain.  Resolution adopted.

 

NO. 8 – RESOLUTION APPROVING THE RELEASE OF CLOSED SESSION MINUTES REGULAR MEETINGS 02/12/08; 02/26/08; 03/11/08; AND 04/08/08:  Closed session minutes released as per the following schedule.  Dates in bold indicate items being released at this meeting.  The need for confidentiality continues to justify the redaction of minutes concerning the items with no date released indicated in the schedule:

 MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2008

 

TOPIC

DATES DISCUSSED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Starkey property acquisition

01/08/08

02/26/08

 

Tipcor property acquisition

01/08/08

04/08/08

03/25/08

02/26/08

05/13/08

 

 

Personnel

01/08/08

02/26/08

 

Meadows Condo Association – contract negotiations

01/08/08

01/22/08

02/26/08

02/26/08

05/13/08

 

 

Personnel

01/08/08

02/26/08

 

Lotta Lettuce litigation

01/08/08

01/22/08

02/26/08

 

02/26/08

 

Litigation – NJDEP-86 River Road tank

01/22/08

02/26/08

 

02/26/08

Animal Control Contracts – Contract negotiations

01/22/08

02/26/08

 

 

Township Attorney – Contract negotiations

01/22/08

 

02/26/08

 

02/26/08

Personnel

01/22/08

02/26/08

 

 

Blue Collar Union – Contract negotiations

01/22/08

02/26/08

02/26/08

05/13/08

 

Potential litigation – billboards/sign code

02/12/08

05/13/08

 

 

Attorney-client privilege – local public contract law exemptions

02/12/08

05/13/08

 

 

Labor Counsel – terminal leave issues

02/12/08

05/13/08

 

 

Personnel – nonunion employees

02/12/08

05/13/08

 

 

Property Acquisition – Changebridge Road Extension

02/12/08

02/26/08

04/08/08

05/13/08

 

 

 

Bonnieview Litigation

02/26/08

03/25/08

05/13/08

 

 

Attorney-Client Privilege

02/26/08

05/13/08

 

Litigation – Pio Costa

03/11/08

05/13/08

05/13/08

Personnel

03/11/08

05/13/08

 

Potential Litigation – GI Auto

03/25/08

 

 

Tax Appeal Pernwill

04/08/08

05/13/08

05/13/08

Tax Appeal Novin

04/08/08

05/13/08

05/13/08

Contract Negotiations – Ambulance contract

04/08/08

05/13/08

 

Personnel – Recreation summer staff

03/25/08

 

 

Property Acquisition - Pinto

03/25/08

 

 

 

Property Acquisition - Rockline

03/25/08

 

 

Contract Negotiations – First Aid Squad

03/25/08

 

 

 

 

 

Motion:  Sandham.  Second:  Bader.  All in favor except Nielson and Braden – abstain on 04/08/08 items.  Resolution adopted.

 

NO. 9 – 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.  Discussion:  Daughtry spoke about the Church Lane alarm system.  That account should be cancelled.  Roll call vote – Bader, yes; Braden, yes; Daughtry, yes; Sandham, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry asked if we could cancel the June 24 meeting.  Would like to discuss.

 

Historic Preservation Review Commission – I thought that the Township had completed the revised list.  It is not done.  We are still handling that issue.

 

HPRC - deed outkitchen – status?  Murphy stated it is in process.

 

Recreation – We have the breakdown on utilization of facilities per person.  We will talk about it tomorrow night at the Recreation meeting.  When you take turf out of the picture, the VFW and the Edmunds Barn are the biggest items. 

 

Committeeman Sandham:  No report.

 

Committeeman Braden asked how many deer did they shoot in the winter hunting program in Pyramid Mountain?  I believe the answer is one.  The Valhalla Civic Association has contacted me asking for that information; if we could get that verified.

 

I have received numerous complaints about the used car lot that is developing out here.  Frank Bastone gave me his memo from a few years ago about his recommendation.  Can we put that on the agenda for next meeting?  Bastone stated he will get them his memo and previous minutes on the subject.

 

Braden spoke about the policy on organization financial statements that was discussed earlier.  I do think we should draft a resolution and put it on paper.

 

Bastone stated it needs to be in writing, but there are a few other things being worked on for the next agenda.  Will get on a meeting agenda by the end of June.

 

Sandham stated I think we need to develop a form.  Also, there are two organizations that did not submit the form.  We need to decide what we are doing about that.

 

Committeewoman Bader reported on the Board of Health meeting held last night.  I have a status report on outdoor wood burning furnace enforcement.  The County has decided that they are going to come up with a policy; and during this time, there will be no use at all of these outdoor wood burning furnaces.  I have one copy, which I will give to Frank Bastone.  Mr. Murphy will review also.  Our Board of Health is not going to do anything until they get word from the County.

 

Chairwoman Nielson reported we received a letter from JCP&L about the connector road.  It indicates there are PSE&G easements, and they should be consulted as well.  Barile stated we sent a letter out to PSE&G today.

 

Nielson asked can we have a meeting with the County and JCP&L together to get this moving forward.  Barile answered JCP&L feels a meeting is not necessary.  They are out in Ohio and Pennsylvania.  That is why they wanted me to send them the plan and they would respond.  I guess our next step would be to meet with the County.  Nielson stated set it up for this month.  I would like to attend.  This was a recommendation of the Route 202 traffic study, and I would like to get it moving forward.

 

Daughtry stated regarding the wood burning stove prohibition – to clarify – if it is smoking it must be shut down.  It is not a total prohibition. 

 

Nielson stated Mr. Barile received a letter from Morris County regarding Whitehall Road – reducing it from four lanes to two lanes.  They are looking at this in conjunction with the planned traffic signals.  Is there any update on that?  Barile answered no.

 

Summer meeting schedule – many towns go to a summer schedule.  Discussion regarding one meeting in July and August.  Will discuss further at next meeting.

 

RESOLUTION AUTHORIZING A BLOCK PARTY ON PEACH TREE COURT:  May 17, 2008.  Rain date May 18, 2008.  Motion:  Braden.  Second:  Sandham.  All in favor.  Resolution adopted.

Nielson stated there was a Library Board meeting last night.  They approved their budget.  They approved their budget with a surplus.  They are monitoring some of their costs.  They should be commended.  They have been working long and hard on that.

 

Meeting adjourned at 11:25 p.m.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 20 August 2008 )
 
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