MTC Meeting Minutes 05-27-08 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, May 27, 2008, 7:00 p.m.

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

 

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

 

Present:            Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

Absent:            Committeeman Art Daughtry

 

Also present:            Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Robert Oostdyk, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2008-CES-052708 PROVIDING FOR A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12:  Property Acquisition; Contract Negotiations – Blue Collar; First Aid Squad; and Morris Land Conservancy.

 

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

 

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

 

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

 

Prayer and Pledge of Allegiance led by Committeeman Braden.

 

2008 MUNICIPAL BUDGET:

 

NO. 1 – RESOLUTION AUTHORIZING SELF-EXAMINATION OF 2008 MUNICIPAL BUDGET:

 

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

 

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

 

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Township of Montville has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2008 budget year.

 

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Township of Montville that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

 

1.             That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget.

 

                a.                Payment of interest and debt redemption charges

                b.                Deferred charges and statutory expenditures

                c.                Cash deficit of preceding year

                d.                Reserve for uncollected taxes

                e.                Other reserves and non-disbursement items

                f.                Any inclusions of amounts required for school purposes.

 

2.             That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with the “CAP” law).

 

3.             That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

 

4.             That pursuant to the Local Budget Law:

 

                a.                All estimates of revenue are reasonable, accurate, and correctly stated;

                b.                Items of appropriations are properly set forth

                c.   In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

 

5.             The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

 

6.             That all other applicable statutory requirements have been fulfilled.

 

BE IT FURTHER RESOLVED, that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

 

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

 

NO. 2 – RESOLUTION WAIVER OF READING IN FULL OF 2008 MUNICIPAL BUDGET:

 

            WHEREAS, N.J.S. 40A:4-8 permits that the Budget as advertised may be read by its title providing that at least one week prior to the date of the hearing a complete copy of the approved budget shall

 

            a)            be posted in a public place where public notices are customarily posted and at the free public library, and

 

            b)            is made available to each person requesting the same during said week and during the public hearing, and

 

            WHEREAS, the Township of Montville has complied with the aforesaid requirements.

            NOW, THEREFORE, BE IT RESOLVED, by the Governing Body, the reading in full of the 2008 Budget be dispensed with.

 

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

 

NO. 3 – PUBLIC HEARING 2008 MUNICIPAL BUDGET:

 

Chairwoman Nielson opened the public hearing.

 

Frank Bastone, Township Administrator, gave a synopsis of the budget.  It was introduced on April 22, 2008.  A summary was posted on the website.  Full copies are available through the Township Clerk’s office.  The introduced budget reflects a 5.4% increase in the tax levy.  75% of that was State imposed pension increases and a reduction in State aid.  Breakdown of increase – 1.4% salaries; 1% operating expenses; 2.6% pensions; 1.5% State aid revenue reduction.  Average homeowner, $332,000 assessed value, will see a $96 increase.  The Township’s portion on the overall tax bill is approximately 20% of the levy. 

 

Committeeman Sandham stated 4.9% tax increase to the homeowner is because of the assessed value.  We have kept it under 5%, which is my goal. 

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked about the budget appropriation requests for the Montville Messenger:  monitor and a camera.  He stated he thought the publisher did the Montville Messenger.

 

Bastone stated the monitor was for the Township Clerk.

 

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

 

NO. 4 – RESOLUTION TO ADOPTED 2008 MUNICIPAL BUDGET:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:

 

            $16,876,843 for municipal purposes, and

           

            $1,380,000 Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy.

 

Summary of Revenues

 

General Revenues

 

Surplus Anticipated

$     1,850,000

Miscellaneous Revenues Anticipated

7,388,436

Receipts from Delinquent Taxes

922,100

Amount to be raised by Taxation for Municipal Purposes

16,876,843

Total Revenues

$   27,037,379

General Appropriations

 

Within “CAPS”

 

Operations including Contingent

$     15,518,874

Deferred Charges and Statutory Expenditures-Municipal

430,075

Excluded from “CAPS”

 

Operations – Total Operations Excluded from “CAPS”

3,193,673

Capital Improvements

 75,000

Municipal Debt Service

5,619,757

Reserve for Uncollected Taxes

2,200,000

Total Appropriations

26,289,428

 

Motion:  Sandham.  Second:  Bader.  Discussion:  Bastone stated we are still hoping for some relief in State aid.  If we get the aid it will be used to reduce the levy or it will be used next year.  If that is the case, there should be no problem adopting the budget tonight.

 

Vanderhoof stated she was just down at the conference, and the State said the decision about restoring State aid may not be made until June 29.

 

Nielson stated the governor did reinstate portions of the money for towns with populations under 10,000.  Indications were made that there may be no further relief.

 

Sandham stated we are five months into the year.  We have a good spending budget.  Whatever is reinstated can be used for 2009.  I recommended passing the budget as is without increasing any spending.

 

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

 

PUBLIC HEARINGS ON ORDINANCE FOR FINAL ADOPTION:

 

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:

 

Chairwoman Nielson opened the public hearing. 

 

Sandham stated the County reduced their open space tax by ½ cent at their level, which translates to 7/10 of a cent to us.  There is a recommendation from the Open Space Committee to increase our fund one cent.  It is 3/10 of a cent net increase.

 

Maritza Byrne, Chairwoman, Open Space Committee, stated the Open Space Committee fully supports an increase in the open space tax by one cent.  Instead of sending our money to the County, we are keeping it in Montville.  Currently, we have preserved over 2,600 acres of open space.  There are a lot of reasons for this one-cent increase.  It is really going to help us continue to preserve open space here in Montville.  We stand wholeheartedly behind the ordinance.  The Long-Term Financial Planning Committee also supports this.

 

Hearing no further comments, Chairwoman Nielson closed the public hearing.

 

Nielson stated this tax increase is $33 to the average homeowner for preservation of open space here in town.  This tax will ensure that there are sufficient funds going forward, which will not be possible without this tax.

 

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

 

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

 

Chairwoman Nielson opened the public hearing.

 

Nielson stated this a recommendation of the Planning Board.  This is to increase the flexibility to the businesses to enhance redevelopment on the Route 46 corridor.

 

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

 

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

 

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:

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported the Area 18 project is scheduled to begin the second week of June.  Road closures 8:30 a.m. to 4:30 p.m. as per the detour plan approved by the Township Committee last year.  It will be updated on the website.

 

Wildlife management program – Morris County Park Commission.  I am working with them to expand the program.  This is a deer-culling program. 

 

Bicycle Club of NJ bicycle tour, Sunday, June 19.  They are requesting to utilize the community park as a rest stop.  Township Committee – ok.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  No report.

 

Nielson stated this Friday is Memorial Day.  There is a VFW service at 11 a.m. at their headquarters in community park.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Nielson stated there were questions from a resident at last meeting.  I had asked the Administrator to look into them.  Mr. Bastone is our full-time Administrator, so if you do have questions, you can contact him during normal business hours, and he will respond.

 

Bastone answered the questions:  the budget is posted on the website.  We post the summary of the budget.  We have the full budget available at town hall.  The policy is to post the summary. 

 

Policy on closed session minutes release.  It is not stated in the policy that they will be released at every meeting.  It states at a regularly scheduled meeting.

 

Charter Study – I have not been able to find a vote that it be posted on the website.  The information is two years old.  We try to keep the website current so residents know what is going on.

 

2006 minutes being removed from the website.  We started a new website in 2007.  The 2006 minutes were put on there.

 

Board of Health minutes – website.  The Board of Health has indicated they do not wish to have their minutes posted.  They are an autonomous board.

 

Animal shelter.  Around January 2007 there was an analysis done on the cost associated with running the animal shelter.  At that time, it was determined the net cost to the municipality, two animal control officers and a facility, was approximately $40,000. 

 

Nielson stated to clarify – the minutes for the Planning Board are available.  They may have not been up on the website, but they are available.

 

Susan Perrapato, 11 Heritage Court, Towaco, spoke regarding subscription busing.  She started contacting the Board of Education in April 2007.  They are within the two miles.  Sometimes driving her child is not always an option.  Walking, they would have to cross Route 202.  The BOE restored courtesy busing to Rachel Gardens.  That is precedent setting.  At the May 13 BOE meeting, I asked them to please identify Route 202 and Changebridge Road as unsafe for pedestrians.  I don’t know if they have to do a traffic study.  There seems to be dueling statutes.  I met with Adam Brewer.  He was very helpful.

 

Mrs. Perrapato referred to two statutes.  One of them states the school district must establish a policy.  One of them states safety along public roadways and walkways is a municipal responsibility.  No one can clarify for us as to who is responsible for safe passage.  I have contacted the police.  I want to thank you also.  I know it must be difficult.  The safety of the children should be the first concern.  Any influence you have to make this happen would be greatly appreciated.

 

Inge Blazina, 235 Brook Valley Road, Towaco, stated she has been in contact with the Township Engineer.  I do get courtesy busing.  The bus stop location is not safe.  The children have to cross a bridge that is not pedestrian safe.  The kids on Route 202 have to walk under a train trestle that is not rated safe for pedestrians.  Our situations are different, but they both fall under the safety umbrella. 

 

Bastone stated he tried to contact Chief Cook about this today, but was unable to.  The discussion of the student transportation falls under the jurisdiction of the BOE. 

Robert Oostdyk, Township Attorney, stated the BOE does have exclusive jurisdiction on the busing issue.  The statues referred to indicate that it is important for the BOE to consult with the municipality about safety if they are going to have a policy.  The Township can be a part of a discussion about safety.

 

Perrapato stated they would like to plan a walk to school day before June.  Bastone stated he will look into that and will speak to Chief Cook.

 

Nielson stated it is our responsibility to supply crossing guards.  Whatever the BOE requests, we provide.

 

Sandham stated the police and BOE should review the two hazardous scenarios.  When was the last time this was reviewed – hazardous routes?  Bastone stated the BOE should reinstitute that process and reinstitute the police in that process.

 

Oostdyk stated the BOE can consult with the police.  Nielson stated the Township Committee can send the BOE a letter asking them to look at this again and make sure our children are safe.  Township Committee agreed.  Also, encourage a joint safety review.

 

Michael O’Brien, Pine Brook Road, Towaco, stated his kids have changed from remote to non-remote.  There would be occasions that they might have to walk to school.  I contacted the police department.  I want to know if they have to walk, what is the safest way.  The responses were short, curt, and indifferent.  I felt that I was being bounced back and forth.  I think the way you are responding now is better than getting negative letters. 

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, spoke regarding the budget.  The version that is available at town hall is a sixty-page summary.  Upon further inquiry, I was told that I could get access to the more detailed one, but that is because I knew it existed.  The average person coming in doesn’t know that.

 

I thought the policy of the website was that all minutes would be put on there.  I understand why it is an exception for the Board of Health, but why the Planning Board?

 

Nielson said we stated earlier about the Planning Board minutes. 

 

Lefkowitz stated you are responding to some people.  All of the questions I asked at last meeting were not answered.  Last week, I asked you if you have considered something that you said you were going to consider.  Either you considered something or you didn’t.

 

Nielson stated if you have questions, if you e-mail Frank Bastone he will respond and copy us on the responses.  If he is not responding to everything, we need to know that.  It needs to be in writing. 

 

Lefkowitz stated you are respecting what the Board of Health has decided, but the Charter Study Commission made a decision.  It was a vote of the Township Committee to put the Charter Study on the website.  No one can remember that?  Bastone stated there is no resolution in the minutes.  Sandham stated I don’t remember one way or another, but as Mr. Bastone stated before, that information is old.

 

Nielson stated the Charter Study Commission reports can be posted at the library.  We will check on that.  They are also available at town hall.

 

Nielson stated please direct your questions to Mr. Bastone via e-mail.  Then there can be no dispute.

 

Lefkowitz stated animal shelter – you mentioned it cost $40,000, but we don’t charge $40,000.  I wonder if it would cost us less to outsource it, then to spend $40,000.  Bastone stated I can provide you with the analysis that was done. 

 

Sandham stated this is a value to our residents.  That it is in our own town.  It is a convenience to our residents.  It might be worth it to them.

 

Lefkowitz stated I want to know the on-the-books cost, rather than the emotional analysis of it.

 

Nielson stated we have not completed our new analysis.  No final decisions have been made.

 

Bastone stated we have the analysis that was done in January 2007.  Nielson stated we are doing an analysis on finance and funding.

Lefkowitz stated and that was my question, are we doing it?

 

DISCUSSION ITEMS:

 

NO. 1 – FACILITIES USE POLICY:  Bastone stated we have a number of different facilities use policies.  I was asked to standardize them.  You have a memo with a recommended new policy. 

 

Sandham stated the issue of fraternal organizations has come up.  I don’t want to exclude those such as the Knights of Columbus or the Pine Brook Men’s Club.  Township Committee agreed – add fraternal organizations.

 

Sandham stated #5 rules, item #10 states no administrative fee will be collected, etc., unless approved by the Township Committee.  Township Committee agreed – take that out.

 

Sandham spoke regarding the financial reporting of the organizations.  We have had the discussion for a number of years.  Sandham reviewed previous minutes containing the discussions.  I went to the IRS website.  There is a form 990.  I would ask the organizations that file the form that they give us a copy of it, or another appropriate report. 

 

Bastone stated the purpose of this was not to deal with the financial disclosure aspect, but to address the facilities use policy. 

 

Sandham stated I think it should be documented that we have talked about a policy – an ordinance or a resolution.  While we have this opportunity, we can document it in this policy.  Nielson stated we should have a written resolution.  Do we want to include it in this policy?  Do we want to look into developing a resolution?

 

Bader stated she would like to table this.  I think Mr. Daughtry may like to be involved with the full committee.

 

Braden stated there is a consensus among the committee to have something in writing.  I would defer to the attorney to tell us where would be the best place to have it.

 

Oostdyk stated if you want to make it a condition of the use of buildings, this is where it belongs.   

 

Bastone stated I don’t know that the financial disclosure policy is directly related to this policy.  I think we need to establish a separate financial disclosure policy and what happens when the requirement is not met.

 

Braden stated regarding the facilities use policy – the building rental is not to be made available to for-profit groups.  Bastone answered yes, that is the recommendation.

 

Nielson stated the field house is rented to Montville residents on a limited basis.  That was started by Maryann Witty last year in response to the fact that the field house was vacant.  The picnic pavilion has also been available to residents.  The intent was to have these facilities available on a very limited basis.

 

Bastone stated the exclusion of these was only to create a consistent policy.

 

Sandham stated they need a 5th part for Montville residents’ private parties – certain facilities – field house, pavilion, and perhaps the youth center.  Township Committee agreed.

 

Nielson spoke about the scheduling of the library.  The Pio Costa auditorium is almost exclusively used by the library.  Sometimes it is used for only for a few people.  It should be available for all of the residents, and for larger programs.  This is a large facility and it should be used by the greatest number of people.  Bastone stated the library needs to be scheduled by one entity.  Nielson stated she will take it up with the Library Board.

 

Attorney to find out the use of the building, review the lease.

 

NO. 2 – 86 RIVER ROAD FIRE DEPARTMENT ADDITION:  James Berry and Oliver Ballentine, Commissioners, present. 

 

Ballentine stated we appreciate very much everything Frank Bastone has done.  He is a good Administrator.

 

Bastone stated we need an agreement to allow their architect to write the specs.  We have a simple way to allocate the costs.  The agreement is on asbestos removal and demolition.

RESOLUTION AUTHORIZING AN AGREEMENT BY AND BETWEEN THE TOWNSHIP OF MONTVILLE AND MONTVILLE FIRE DISTRICT #1 PROVIDING FOR THE AUTHORIZATION OF A PROJECT TO DEMOLISH THE BUILDING OWNED BY THE TOWNSHIP AT 86 RIVER ROAD:

 

WHEREAS, the Township and Fire District #1 are the owners of a building at 86 River Road which is partially occupied by the District; and

           

WHEREAS, the District and the Township have agreed that the Township owned portion of the building should be demolished and the District has agreed to be responsible for demolition and asbestos removal subject to partial reimbursement by the Township; and

           

WHEREAS, the terms and conditions of the agreement to demolish the building are set forth in an Agreement attached hereto.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Agreement between the Township of Montville and Montville Fire District #1 for the demolition of a building owned by the Township at 86 River Road.

 

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

 

NO. 4 – ANIMAL SHELTER NEW FACILITY:  Bastone stated Montville Pet Parents has asked to work with us to secure grant funds for the animal shelter.  MPP has looked at some potential grants.  They have met with Adam Brewer.  However, what they have run into is most grants require participation with the municipality financially or in-kind.  The question is are we going to commit to some sort of funding level?  We have already committed in-kind – the land.

 

Bader stated I thought we were going to do a 50/50 match.  Sandham stated I know we talked about 50/50 in general for all groups for capital projects.  We were all very disappointed about the County’s decision.  I am open for discussion at this point.  What is 50/50 at this point?

 

Nielson stated we had a 50/50 with MBSA and there was a ceiling on that.  They are running that.  $750,000 is what the architect says based on his design (animal shelter).  We need to explore other sources of funding.  $375,000 is not a small amount, and this is a municipal function.  That is the difference.

 

Sandham stated the point they are coming from – there is going to have to be some private fundraising to make it more viable from a Township Committee point of view.

 

Braden stated the MPP have raised approximately $30,000.

 

Sue Goldblatt, Montville Pet Parents, stated we have two grants here that we can’t send out with the Township Committee.

 

Sandham stated somewhere between zero and $750,000 is a number we could say we commit, then they can send out the grants.  They can say they have a commitment from the Township Committee of x amount of money.

 

Goldblatt stated we really need to be able to say you are with us on this.

 

Nielson asked if the $750,000 includes the demo at 86 River Road.  Bastone answered no.  This is just for 7 Church Lane.

 

Bader stated our goal is to use 7 Church Lane. 

 

Nielson asked are you going on the record saying you would contribute up to $350,000?  Bader answered yes.

 

Braden stated Mr. Bastone is right.  I think we need real numbers and firm ideas, and then we can move forward.  We do need to move forward.  We need to nail down exactly what we want to do.

 

Sandham stated it is time to draw a line in the sand and say we are going to go x far.  We already committed to $50,000 in architectural fees.  We committed to land, and the existing building at 7 Church Lane is in the mix.

Bastone asked don’t you think we need to decide exactly what we want to do?  We need to get a definitive answer from the County. 

 

Sandham stated there has to be some dollar value from this committee associated to improving the existing situation. 

 

Nielson asked do we have an appraisal on 7 Church Lane?  Goldblatt answered $275,000.

 

Braden asked is the size of the shelter based on the contracts we have with the other towns we serve?  Bastone answered yes.

 

Braden stated that is a problem because they could disappear.  Mr. Daughtry and I were talking about looking into the possibility of non-permanent structures like trailers.  They are heated and insulated.  I have trouble coming up with square footage or a dollar amount based on yearly contracts with other towns.

 

Nielson asked what the grant deadlines are.

 

Goldblatt answered one is July 1 and one is open.  We are not going to get money from the County.  Where do we go from here?  We have been researching grant for 3 or 4 weeks.  We have come up with a handful of grants we can apply for.  We are getting commitments for data lines, phone lines, and air conditioning.

 

Braden suggested a subcommittee.  He would be on it with Mr. Daughtry.

 

Goldblatt stated we are just trying to do a letter of inquiry at this point.  It is due July 1. 

 

Sandham stated I don’t believe we are going to have an answer in four weeks.

 

Goldblatt asked can we say the location with a value of $275,000 and the $50,000 architectural fee, and that we would get estimates from the Township Engineer?  Can we use those things minimally?  Township Committee and Frank Bastone – yes.

 

Subcommittee set up – Art Daughtry and Tim Braden.

 

Nielson and Sandham also agreed we need to pursue with the other towns and the County.  We need long-term commitments.

 

Goldblatt stated we are also waiting for John Wozniak to get back to us to try to get an introduction to the other towns so we can work with their organizations.

 

NO. 3 – COMMERCIAL VEHICLE PARKING TOWN HALL:  Bastone stated the Township has been allowing the use of the parking lot for non-municipal purposes.  My recommendation is to establish a policy.  My recommendation is ten spaces a year by lease. 

 

Braden stated I assume they calculated the number of parking spaces needed for municipal purposes when this building was built.  I understand the need for commercial vehicle parking by townhome owners.  We have eight of them in town.  It appears we are providing that for one of them.  I do not like what is becoming of this parking lot out here.  It is getting out of control, and we need to address it.  I am not in favor of the rental because I believe the parking lot was designed for parking spaces for this building. 

 

Bader stated I think we need to have some sort of policy.  I think they need a place to park if it is a townhouse.  We need to allow them to park somewhere.

 

Sandham asked is there another facility that people could use in town – fee-based?  If there is, that is the answer.

 

Nielson stated there are other condos that have no area to park, and they are not aware that the Meadows have this perk.  Paul Martino rents slots for $200 per month.  He is not full.  I don’t think we should be renting spaces. 

 

Steve Sammit, Changebridge @ Montville, stated I think if you talk about it, you should bring in the Meadows.  Maybe certain commitments were made. 

 

Township Committee directed the Administrator to check to see if there is a written agreement/contract with the Meadows.

 

Discussion regarding cars parked at community park.  How do we know if they are there for the park, high school students, etc?

 

ORDINANCE INTRODUCTIONS:

 

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.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 10, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

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:  Tipcor.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 10, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION ACCEPTING PERFORMANCE BOND – ANTON COMPANY, BLOCK 181, LOT 1, 1275 BLOOMFIELD AVENUE:  ZSPP/FCD/ZMN35-06.

 

WHEREAS, Anton Company, the developer of property known as Block 181, Lot 1 (1275 Bloomfield Avenue), is required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, Anton Company has submitted a Performance Guarantee in the form of Irrevocable Standby Letter of Credit No. OD08001230 issued by Valley National Bank in the amount of $135,000.00 and cash in the amount of $15,000.00; and

           

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

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by Anton Company in the form of Irrevocable Standby Letter of Credit No. OD08001230 issued by Valley National Bank in the amount of $135,000.00 and cash in the amount of $15,000.00 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

Motion:  Sandham.  Second:  Bader.  All in favor except Daughtry – absent.  Resolution adopted.

 

NO. 2 – RESOLUTION ACCEPTING PERFORMANCE BOND – SHARPE HEALTH & FITNESS, BLOCK 32, LOT 24.1, INDIAN LANE:  PSPP/FC06-25.  Cash $45,000.00.

 

Motion:  Bader.  Second:  Sandham.  All in favor except Daughtry – absent.  Resolution adopted.

 

NO. 3 – RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF $14,950,000 OF REFUNDING BONDS, CONSISTING OF $11,100,000 GENERAL IMPROVEMENT REFUNDING BONDS, $1,600,000 GENERAL OBLIGATION REFUNDING BONDS AND $2,250,000 OPEN SPACE REFUNDING BONDS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY OR SUCH OTHER AMOUNT AS DETERMINED BY THE CHIEF FINANCIAL OFFICER TO ACCOMPLISH THE REFUNDING ON THE TERMS APPROVED BY THE LOCAL FINANCE BOARD CONSISTENT WITH THE REFUNDING PROVISIONS OF THE INTERNAL REVENUE CODE AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS TO RBC CAPITAL MARKETS:

 

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

 

NO. 4 – Tabled.

 

NO. 5 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND PMK GROUP:

 

WHEREAS, there exists the need for environmental engineering services in connection with lead testing for turf fields in the Township of Montville; and

           

WHEREAS, the maximum amount of the contract is $5, 400.00; and

           

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection.

           

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

           

Section 1.      The Mayor and Clerk are hereby authorized and directed to execute an agreement with PMK Group for environmental engineering services in connection with the lead testing of turf fields in the Township of Montville for a total amount not to exceed $5,400.00 as set forth in a proposal dated May 19, 2008.

           

Section 2.      This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law.

           

Section 3.      A notice of this action shall be printed once in the legal newspaper of the Township of Montville.

 

Motion:  Sandham.  Second:  Braden.  Discussion:  Braden asked if there is a schedule established.  Bastone replied no, it is weather pending.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING LIMOUSINE OWNER’S AND DRIVER’S 2008 LICENSE TO ABDUL SATTAR SHAIKH:  Premium Limousine, LLC, 3 Melissa Court, Montville.

 

Motion:  Sandham.  Second:  Braden.  All in favor except Daughtry – absent.  Resolution adopted.

 

NO. 7 – RESOLUTION APPROVING MINUTES:  Approval of closed session and public session minutes - regular meetings March 25, 2008 and April 22, 2008.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 8 – RESOLUTION APPROVING THE RELEASE OF CLOSED SESSION MINUTES REGULAR MEETINGS MARCH 25, 2008 AND APRIL 22, 2008 AND THE REVIEW/RELEASE OF ALL OTHER 2008 CLOSED SESSION MINUTES NOT PREVIOUSLY RELEASED:

 

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

05/27/08

 

Tipcor property acquisition

01/08/08

04/08/08

03/25/08

02/26/08

05/13/08

05/27/08

 

Personnel

01/08/08

02/26/08

05/27/08

 

Meadows Condo Association – contract negotiations

01/08/08

01/22/08

02/26/08

02/26/08

05/13/08

05/27/08

 

 

Personnel

01/08/08

02/26/08

05/27/08

 

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

05/27/08

 

Township Attorney – Contract negotiations

01/22/08

 

02/26/08

 

02/26/08

Personnel

01/22/08

02/26/08

05/27/08

 

Blue Collar Union – Contract negotiations

01/22/08

02/26/08

04/22/08

02/26/08

05/13/08

05/27/08

 

Potential litigation – billboards/sign code

02/12/08

05/13/08

05/27/08

 

Attorney-client privilege – local public contract law exemptions

02/12/08

05/13/08

05/27/08

 

Labor Counsel – terminal leave issues

02/12/08

05/13/08

05/27/08

 

Personnel – nonunion employees

02/12/08

05/13/08

05/27/08

 

Property Acquisition – Changebridge Road Extension

02/12/08

02/26/08

04/08/08

05/13/08

05/27/08

 

 

Bonnieview Litigation

02/26/08

03/25/08

05/13/08

05/27/08

 

Attorney-Client Privilege

02/26/08

05/13/08

05/27/08

 

Litigation – Pio Costa

03/11/08

05/13/08

05/13/08

Personnel

03/11/08

05/13/08

05/27/08

 

Potential Litigation – GI Auto

03/25/08

05/27/08

05/27/08

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

05/27/08

 

Personnel – Recreation summer staff

03/25/08

05/27/08

05/27/08

Property Acquisition - Pinto

03/25/08

04/22/08

05/27/08

 

 

Property Acquisition - Rockline

03/25/08

04/22/08

05/27/08

 

 

Contract Negotiations – First Aid Squad

03/25/08

04/22/08

05/27/08

 

 

Contract Negotiations – Morris Land Conservancy

04/22/08

05/27/08

05/27/08

 

Motion:  Bader.  Second:  Braden.  All in favor except Daughtry - absent.  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:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE COMMENTS:

Committeeman Sandham stated thank you for getting the facilities use policy started.  Also, thank you for the budget. 

 

Committeeman Braden spoke about the road behind Hilldale School.  Upon further analysis by the interested parties, it was determined that the Board of Education has appropriated $220,000 to stabilize the bank next to the ball field.  It was decided by the MBSA to pursue another field.  A joint effort to build a ball field with bleachers and benches at Valley View has been undertaken.  This is a collaborative effort with MBSA, the Valley View PTA, the Michelle Sullivan Fund, and manpower, with your blessing tonight, from the Township to remove the topsoil and spread the clay.  I have talked to Frank Bastone and Tom Mazzaccaro.  The DPW feels they will have time to do this at the end of the summer. 

 

Art Daughtry and I attended the Recreation meeting.  It was a unanimous vote of the commission to collect a users’ fee.  This includes recreation sponsored programs and sports groups’ sponsored programs.  This will generate approximately $50,000.

 

Sandham asked is that going to cover the cost now?  Braden answered the net would be $37,000.  It would be a logical conclusion that we would pay for MBSA’s lights.  This is a topic of discussion at every single recreation meeting. 

 

Bastone stated it should go into a dedicated facilities trust fund. 

 

Braden stated the Recreation Commission would like to see the money go into a fund to offset utilities costs and a sinking fund for turf.

 

Committeewoman Bader:  No report.

 

Chairwoman Nielson reported the Planning Board is recommending a rezoning to expand the zoning along the lower west portion of Changebridge Road – the dog park side – going south - to include retail.  That will be coming to the Township Committee.  Attorney will give opinion on whether or not Jean Bader is eligible to vote on this.

 

COAH 3rd round and fee impact ordinances.  We need to develop a fee impact ordinance to protect Montville.

 

Upcoming Township Committee meeting schedule:  June 10, July 8, July 22, August 12.  June 24 is cancelled.

 

Meeting adjourned at 11:20 p.m.  Motion:  Sandham.  Second:  Braden.  All in favor except Daughtry – absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 20 August 2008 )
 
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