MTC Meeting Minutes 10-14-08 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, October 14, 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 (excused absence)

 

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-101408A 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 – Starkey; Litigation – Johnson; and Woodmont Properties; Contract Negotiations – Board of Education lease; Blue Collar; and PBA; Property sale – portion of Old Bloomfield Avenue.

 

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

 

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

 

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

 

Prayer and Pledge of Allegiance led by Reverend Michael McKay.

 

PRESENTATION TO MONTVILLE UNITED METHODIST CHURCH IN RECOGNITION OF THEIR 150TH ANNIVERSARY:  The Township Committee presented Reverend Michael McKay and the event coordinator, Marlene McCoy with a plaque in honor of the church’s 150th anniversary.

 

PRESENTATION OF PROCLAMATION TO THE MONTVILLE TOWNSHIP WOMAN’S CLUB RECOGNIZING OCTOBER AS NATIONAL BREAST CANCER AWARENESS MONTH:  Mayor Nielson read the proclamation.  Alexandria Sarra, Vice-president of the Woman’s Club accepted the proclamation and described their breast cancer pillow project.  They make the pillows and deliver them to hospitals. 

 

PUBLIC HEARING ON ORDINANCE FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2008-40 AMENDING ORDINANCE NO. 2008-24 ESTABLISHING SALARIES OF EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS:  Environmental Commission recording secretary.

 

Chairwoman Nielson opened the public hearing.  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:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Ordinance adopted.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported the transitional duty policy that was discussed at least meeting is on for adoption as a resolution this meeting.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported she delivered to Ms. Fisher the vouchers, invoices, and cancelled checks and she will submit that to the County for reimbursement.  I will be the signatory on that, so we will have all the records here for the auditor.

 

Vanderhoof reported Sam’s Ice Cream won the bid for the field house concession.  There are mothers requesting that the soda/water machine be moved up by the playground because it is too far to walk down to the concession.  He does have machines by the youth center currently.  It would be his money and equipment – one machine. 

 

Township Committee agreed:  A machine outside the park.  Need to monitor and if it becomes a problem, it will be removed.

 

NO. 4 – ENGINEER:  Anthony Barile, Jr., Township Engineer, reported on the Pine Brook Road sidewalk extension by Cedar Hill School.  He sent out plans and specs to several contractors.

 

Lake Montowac – retained a consulting engineer to do dam inspection work required by the DEP.  It requires lake lowering so the dam is exposed. 

 

Ptsazek soil movement application remains incomplete.

 

The road resurfacing program is on hold.  The contractor with the Morris County Co-Op program is insisting on a price increase.  The County has been dealing with him on that.

 

Rathbun Road – last week the stormwater filter chamber was removed and put into storage at the back of the site.  The area where it had been located was backfilled and graded.  A drainage pipe was added.  The contractor also removed another tree for the one family that is located out there.  He ground a stump as well.  The only remaining item for him to do is to seed and mulch the area where the chamber was.

 

Nielson asked if the neighbors will be noticed in advance as to when construction will start up again out there.  Barile answered yes.

 

COMMITTEE REPORTS:

 

Committeeman Sandham stated in last week’s Neighbor News there was an article about the Township Committee doing something unconstitutional.  I am disappointed in the Neighbor News that they didn’t check the facts.  The article was written by Mr. Grant.  This centers around an ordinance that we are trying to do regarding financial reporting by organizations that use Township facilities.  There is an existing ordinance on the books from 2003 that Mr. Grant voted on that required this financial reporting for recreational facilities.  What this Township Committee is trying to do is extend that because our Attorney has said we do have a fiduciary responsibility to review some of the financial information to make sure those organizations have retained their 501C status.  What we are going to be asking for is the Federal Form 990, which is what they are required to file.

 

I have asked our attorney to cite the reference in the NJ State Statutes so everyone knows what we are doing is not unconstitutional.

 

Martin Murphy, Township Attorney, stated we reference NJ State Statute 40A:12-14 in all of our leases.  I use the term leases because we have written leases and we have oral leases.  That statute is applicable.  The statute goes on to say in a case of a lease to a nonprofit corporation, the public purpose must be set forth, the number of persons benefiting and activities of the lessee must be set forth, the approximate value or cost of such activities set forth annually, and an affirmation of the continued tax-exempt status pursuant to both State and Federal laws.

 

Sandham stated my whole purpose in doing this is to make sure that the assets purchased by this Township that the taxpayers have paid for are used appropriately within the guidelines of the State of New Jersey.  This is not any vindictive issue as Mr. Grant has said in his article.  It is purely protecting the taxpayers’ assets.

 

 

 

DISCUSSION ITEMS:

 

NO. 1 – EVERY DROP COUNTS WATER CONSERVATION PROGRAM PROPOSAL:  Susan Marinello, Director of the program, stated the program has been in place for the last eight years.  The proposal is for the next two years.  We are working closely with the Board of Education. 

 

Committeewoman Bader asked 4.9% increase for the two years?  Marinello answered yes.

 

Bastone stated they need to discuss this in the 2009 budget process.  He would be happy to discuss with Mrs. Marinello. 

 

Sandham asked have we received any grants for this program?  Marinello stated Adam Brewer has submitted some grant proposals.  He e-mailed me today on another grant lead. 

 

Nielson asked can we get a report on the grants applied for?

 

Marinello suggested also going to the County.

 

Nielson stated the proposal is very thorough.  Looking to Mr. Brewer to look for more funding.

 

Marinello reminded everyone the schools work on a September to June calendar.  We can’t continue on in January if we don’t know if you are going to fund it.

 

NO. 2 – ANIMAL CONTROL:  Bastone stated the subcommittee – Art Daughtry, Tim Braden, and himself – met last week.  We are continuing the work on that.  What is on for discussion this evening is the County’s study and the results of that study to judge the municipal interest in participating in a joint meeting.  Because of budget issues, the County has decided they cannot participate financially in the establishment of a Countywide program.  Therefore, the next best option is the formation of a joint committee, and the County is asking if municipalities want to participate in the study of that process.  My recommendation is that we continue to participate in the process.  This is the best we have to work with right now.  I recommend we indicate our interest and continue to work on our continued shared program.

 

Nielson stated Committeeman Daughtry spent many hours on this and attended many meetings.  He is not here to speak for himself.  Who would be the liaison for this process?

 

Bastone stated he (Bastoe) will be.  I have talked to Mr. Daughtry about this.  We got this far.  Let’s continue to be part of the process.  Bastone stated I think we have to at least see this through to the end.

 

NO. 3 – METRO PROPERTY:  Bastone stated the Recreation Commission sent out letters to the contiguous property owners within 200’ of the property.  They had a public meeting on October 8.  You received Maryann Witty’s, Recreation Director, report today on that.

 

Kevin Wong, 16 Bogert Road, Pine Brook, spoke regarding the concept plan – wetlands.  It may be a good idea to get the NJDEP permits. 

 

Barile stated the permit expired in February 2006.  It cannot be extended again.  I have talked to the consultant, and it requires a new application.  The price would be $10,000 to $12,000 for the LOI and the GP6.  We will need the LOI.

 

Wong stated he works for an environmental firm, and I presented this to them.  They said an LOI is not needed.  Nielson stated why don’t you submit a proposal and the approach they are recommending.  We can look at their data and their approach. 

 

Steve Moscone, 68 Hook Mountain Road, Pine Brook, Recreation Commissioner, stated the funding could be open space.  Tonight was supposed to be the engineer’s report on the conceptual plan.

 

Barile stated I reviewed the plan.  The access drive avoids the wetlands.  Water service is available on Changebridge Road.  The new State plan on sewer service has exempted this property from the sewer service area.  If that does set the limits on the sewer service area, to continue with this project, you would have to consider a septic system.  If we can use a sanitary sewer I would suggest we move the outbuilding closer to Changebridge Road.  At this point in time, I personally don’t see the necessity for filling the wetlands.  In my opinion, there is sufficient area for the driveway and the utilities that doesn’t involve the wetlands or the buffers related to them.

 

Barile showed pictures of trees that provide a natural buffer to Changebridge Road.

 

Nielson stated I did bring this property up at the Planning Board meeting on October 6, and the County did indicate that although it is shown as an exempted area, if the town does have plans for properties that have environmental sensitive lands on them, we should indicate that in purple and indicate that they will be developed for recreational facilities.  I would like to speak with Mr. Mazzaccaro about this and try to get it favorably resolved.

 

Nielson asked about lighting.  Moscone answered the roller hockey/skate park closes at dusk.  One of the residents brought up what kind of traffic there would be.

 

Barile stated he can check on what the standards say for that type of facility.

 

Moscone stated we are not recommending lighting for any of it.  If the Township Committee wants to recommend lighting for the tennis courts, it should be indicated on the plan. 

 

Nielson stated I don’t think we have any initial interest in lighting. 

 

Gerry Logan, 30 Avalon Drive, Pine Brook, Recreation Commissioner, stated there is no one on the subcommittee from the tennis contingent.  We have no intention of putting lights on the roller hockey/skate park.  If the tennis people want to be on the subcommittee that is fine.

 

Nielson stated that is a wonderful suggestion.  We can put them in touch with you.

 

Logan stated lights for tennis courts are totally different than lights for athletic fields.  They are not nearly as bright as the ones at Dawson.

 

Bader stated it was brought to my attention that there is a new indoor facility – skateboard park – near Chux Landscaping.  When I hear skateboard, I worry about liability on a facility we own.

 

Bastone stated the JIF/MEL has established criteria for skate parks.  If we follow the criteria, it is covered by our insurance. 

 

Nielson stated the Township Committee has not included money in the 2009 for this at this point, or for any project of this magnitude.  We are following a tight capital program.  It’s not that it wouldn’t be considered.  We have to carefully prioritize.  There is some money available from other projects.  It is not enough to construct a project of this magnitude.

 

Bastone spoke about the six-year capital plan.  In Recreation, there is a proposal for this.  This six-year plan has not been approved yet.  It is in 2010. 

 

Tom Hudacko, 47 Brittany Road, Montville, stated he attended the Recreation meeting last week.  I am concerned about the potential noise and the lighting.  Also, the traffic issues.

 

Nielson stated we will have a public hearing on this.  Public hearing scheduled for Thursday, November 13.  Public and businesses within 200’ of entire property to be noticed.

 

Committeeman Braden stated it would be nice to have tennis input before the public hearing.  Could there be another subcommittee meeting?  Moscone stated set it up, and we will be there. 

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he filed an OPRA request for finances on the Montville Messenger.  As you know I am skeptic when it comes to that.  I also feel obligated to say that everything is going according to your expectations this year.

 

OPRA requests – they are printed out.  Would the Township Committee consider moving to pdf’s.  It would save money and be better for the environment. 

 

Would it be possible to coordinate the Township Committee meetings with the school board meetings so that people who wish to can attend both?  Nielson stated they have been moving their meetings.  Our meetings are standing.

 

Lefkowitz - question for the attorney.  I know it was discussed earlier – hiring someone to take minutes for different committees - would it be sufficient if it were videotaped?

 

In the last Montville Messenger there was an article about Aunt Cake’s Cookies.  I never heard of them before.  I submitted an OPRA request to find out about health records for them.  There were no records in the health department of this company.  I know it is not an endorsement of them to put an article about them in the Montville Messenger.  I don’t know if some sort of controls can be put in place to make sure they should be in business.

 

Murphy answered the question regarding videotaping being sufficient as minutes.  There is no requirement for there actually to be a recording secretary for any of those boards except for the statutory boards such as the Planning Board, etc.  It is up to them how they want to have their minutes done.  There is a requirement to keep minutes.

 

Lefkowitz stated perhaps we can save money by videotaping and then having the tapes sent out to be transcribed, instead of hiring a secretary.

 

Hearing no one further, Chairwoman Nielson closed the public portion.  Motion:  Bader.  Second:  Braden.  All in favor except Daughtry – absent.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA16:  Motion:  Bader.  Second:  Sandham.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:

 

BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following tax sale certificate redemptions be processed by the Department of Finance:

 

            Water & Sewer Lien

Block 39, Lot 37, 2 Park Avenue, Towaco

            Lien Redemption Certificate #07-00001

To:  Park Finance/LLC                                                               $1,365.20

 

            Water & Sewer Lien

            Block 125.2, Lot 22, 163A Pine Brook Road

            Lien Redemption Certificate #07-00022

            To:  Dennis Moeller                                                                                    $1,221.28       

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT 2008:  Block 52, Lot 33 C008B, duplicate payment, $2,418.32.

 

CONSENT AGENDA ITEM C – RESOLUTION RELEASING SALVATORE ASSANTE – BLOCK 40, LOT 9 – 48 JACKSONVILLE ROAD – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Salvatore Assante, the developer of property known as Block 40, Lot 9, has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be released from liability under the Performance Guarantee being held by the Township; and

           

WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and

           

WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer.

           

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

           

1.            The Performance Guarantee posted by Salvatore Assante in the form of Performance Bond No. 5015805 in the amount of $37,924.20 issued by Bond Safeguard Insurance Company and cash in the amount of $4,213.80 shall be released.

 

CONSENT AGENDA ITEM D – 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

 

Peter Nagle Builders

916 Main Street

Boonton, NJ  07005

(Block 109, Lot 30.19) 7 Gunther’s View, Towaco

(Block 109, Lot 30.09) 16 Gunther’s View, Towaco

 

 

 

Soil Stabilization

Soil Stabilization

 

 

 

$1,300.00

$1,300.00

 

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

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT WITH K & S AT MONTVILLE, LLC – BLOCK 39.07, LOT 2, 49 OLD LANE:  Planning Board resolution dated March 13, 2008.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING A PAYMENT PLAN AGREEMENT FOR A SEWER CONNECTION FEE FOR PROPERTY LOCATED AT 18 ROUTE 202 IN THE TOWNSHIP OF MONTVILLE:  Block 45, Lot 6.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE BETWEEN THE TOWNSHIP OF MONTVILLE AND THE MUNICIPAL EXCESS JOINT LIABILITY INSURANCE FUND:  Johnson v. Township of Montville et. al.

 

CONSENT AGENDA ITEM H – RESOLUTION AMENDING THE TOWNSHIP PERSONNEL POLICIES AND PROCEDURES MANUAL AND ADOPTING A WORKERS COMPENSATION TRANSITIONAL DUTY POLICY:

 

WHEREAS, the Township Committee has adopted a personnel policies and procedure manual; and

 

            WHEREAS, the Township Committee has determined that it is necessary to amend the Township personnel policies and procedure manual.

 

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville and County of Morris that the Personnel Policies and Procedure Manual of the Township of Montville shall be amended by the inclusion of the following policy which shall be entitled "Workers’ Compensation Transitional Duty Policy" and which shall read in its entirety as follows:

 

Workers’ Compensation Transitional Duty Policy.

 

The Township of Montville will endeavor to bring employees on workers’ compensation with temporary disabilities back on the job as soon as possible and may assign transitional duty to employees who temporarily cannot perform the essential functions of their positions because of workers’ compensation injury or illness.  Transitional duty is not guaranteed and will not exceed thirty (30) workdays.  If a department already has one employee on transitional duty, it is unlikely that another employee from that department will be assigned transitional duty.

 

The Workers’ Compensation physician shall notify the Township Administrator as soon as the temporarily disabled employee is able to return to work with restrictions.  Transitional duty will only be assigned if the employee will probably be able to perform the essential functions of the position after the transitional duty period.  The Administrator will consult with the Department Head to determine if there is any meaningful work that can be performed consistent with the restrictions.  Transitional duty assignments may be in any department and not just the employee’s normal department.  The Township Administrator will decide if it is in the best interest of the Township to approve a transitional duty request and will notify the employee’s Department Head of the decision.  The Township reserves the right to terminate the transitional duty assignment at any time without cause.

Employees may not refuse transitional duty assignments that are recommended by the Workers’ Compensation physician.  In such cases, failure to report to work as directed shall constitute immediate grounds for dismissal.  If the employee believes that the transitional duty assignment is beyond the employee’s abilities, the employee may request a meeting with the Department Head who will render a written response within 24 hours.

 

Employees on transitional duty will receive their regular salaries and are prohibited from engaging in any outside employment of any kind unless they receive prior written approval from the Township Administrator.  If transitional duty is approved, the employee or Workers’ Compensation physician must keep the Department Head and Administrator informed of the medical progress.  Employees assigned to transitional duty will be allotted time off to attend medical or physical therapy appointments but must request leave time for any other reason.  If at the end of the transitional duty period the employee is not able to return to work without restrictions, the Township reserves the right at its sole discretion to extend the transitional duty or place the employee back on Workers’ Compensation.  This policy does not affect an employee’s rights under the Americans With Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Contagious or Life Threatening Illnesses Policy or other Federal or State law.

 

CONSENT AGENDA ITEM I – PROCLAMATION NATIONAL BREAST CANCER AWARENESS MONTH – OCTOBER:  Presented at beginning of meeting.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING AN AMENDED INTERLOCAL SERVICES AGREEMENT WITH THE TOWNSHIP OF BOONTON FOR ANIMAL CONTROL 2008:  Agreement dated February 11, 2008, amended to provide for a reduction in the per quarter service charge from $3,030.00 to $2,913.75.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO R. VERNIERI CONTRACTOR, INC. SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:  Pine Brook Road Water Main Project – contract 2007.24.

 

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

 

NO. 3 – RESOLUTION ACCEPTING A CONVEYANCE FROM S DEVELOPMENT COMPANY, INC. – PORTION OF BLOCK 164, LOTS 8.01, 8.02 AND 8.03:

 

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

           

            WHEREAS, S Development Company, Inc., has agreed to convey Deeds over a portion of Block 164, Lots 8.01, 8.02 and 8.03 to the Township of Montville as a condition of development approval; and

           

WHEREAS, S Development Company, Inc. has executed Deeds and have presented same to the Township for acceptance.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following conveyances from S Development Company, Inc. to the Township of Montville are hereby accepted:

           

Conservation Restriction, Block 164, Lot 8.01

            Conservation Restriction, Block 164, Lot 8.02

            Conservation Restriction, Block 164, Lot 8.03

            Deed Prohibiting Further Subdivision, Block 164, Lot 8.01

            Deed Prohibiting Further Subdivision, Block 164, Lot 8.02

            Deed Prohibiting Further Subdivision, Block 164, Lot 8.03

 

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

 

NO. 4 – RESOLUTION AUTHORIZING CHANGE ORDER #1 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND UNDERGROUND UTILITIES CORP.:

WHEREAS, The Township of Montville and Underground Utilities Corp. entered into a Contract for the Area 18 Sewer Project; and

 

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

 

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

 

            Alternate method of sewer installation under the Jersey City aqueducts on Hook Mt. Road in order to preclude damage to the aqueducts, and to comply with Jersey City requirements

 

; and

 

WHEREAS, Underground Utilities Corp. has submitted a change order for a change to the total contract price of $68,765.52; and

            WHEREAS, the Water & Sewer Engineer has requested and recommended to the Township Committee that it modify its Contract with Underground Utilities Corp. as a result of this change.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following Change Order is hereby approved in the Contract between the Township of Montville and Underground Utilities Corp.:

 

            Original Contract Price                                                                $1,742,823.00

            Previous Change Orders:                                                                        $              0.00

            Contract Amount With Prior Changes:                                            $1,742,823.00

            Amount of this Change Order:                                                  $     68,765.52

            Total New Contract Price After this Change Order                         $1,811,588.52

 

Motion:  Bader.  Second:  Sandham.  Discussion:  Sandham asked is this still within the total budget?  Mazzaccaro answered yes.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 5 – RESOLUTION AUTHORIZING CHANGE ORDER #3 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND D.L.S. CONTRACTING, INC.:

 

WHEREAS, The Township of Montville and D.L.S. Contracting, Inc. entered into a Contract for the Horseneck Road Resurfacing Project; and

 

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

 

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

           

ITEM

NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

TOTAL ITEM

PRICE

 

SUPPLEMENTAL

 

 

 

 

EX-1

ADA Sidewalk Ramp Delineation Domes

Each

5

$450.00

$2,250.00

EX-2

Athletic Field Driveway Curb and Sidewalk

 

L.S.

$3,500.00

$3,500.00

 

; and

 

WHEREAS, D.L.S. Contracting, Inc. has submitted a change order for a change to the total contract price of $5,750.00; and

           

WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with D.L.S. Contracting, Inc. as a result of this change.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following Change Order is hereby approved in the Contract between the Township of Montville and D.L.S. Contracting, Inc.:

 

Amount of Original Contract:                     $200,215.95                           Extra                $   5,750.00         

Supplemental $ 

Adjusted Amount Based                                                                        Reduction                              

On Change Orders No. 1, 2 & 3:            $171,220.52  

                                                                                                Total Change            $   5,750.00         

% Change in Contract:                     -14.48%           

 

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

 

NO. 6 – RESOLUTION ESTABLISHING HOLIDAY SCHEDULE FOR OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE FOR THE YEAR 2009:

 

WHEREAS, the Township Committee of the Township of Montville has approved holidays for officials and employees of the Township of Montville; and

 

WHEREAS, the following Holiday Schedule is established for the year 2009;

 

2009 HOLIDAY SCHEDULE

 

1.         NEW YEAR’S DAY                           THURSDAY                          01/01/09

           

2.         DAY AFTER NEW YEAR’S DAY            FRIDAY                                  01/02/09

                (replaces MLK Day)

 

3.            PRESIDENTS’ DAY                           MONDAY                                02/16/09

 

4.         GOOD FRIDAY                                   FRIDAY                                  04/10/09

 

5.            MEMORIAL DAY                                MONDAY                                05/25/09

 

6.         JULY 4 HOLIDAY                                 FRIDAY                                  07/03/09

 

7.            LABOR DAY                                     MONDAY                                09/07/09

 

8.            COLUMBUS DAY                              MONDAY                                10/12/09

 

9.            VETERANS’ DAY                             WEDNESDAY                                    11/11/09

 

10.            THANKSGIVING DAY              THURSDAY                          11/26/09

 

11.            THANKSGIVING FRIDAY                       FRIDAY                                  11/27/09

 

12.            CHRISTMAS EVE                              THURSDAY                          12/24/09

 

13.            CHRISTMAS DAY                              FRIDAY                                  12/25/09

           

            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 Holiday Schedule for the year 2009 be approved and adopted.

 

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

 

NO. 7 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES REGULAR MEETINGS 09-09-08 AND 09-23-08:  Approval of closed session and public session minutes - regular meetings 09-09-08 and 09-23-08.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 8 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTES ITEMS NOT YET RELEASED FROM VARIOUS MEETINGS OF 2008 INCLUDING REGULAR MEETINGS OF 09-09-08 AND 09-23-08:  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 CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Starkey property acquisition

01/08/08

05/13/08

07/08/08

08/12/08

09/09/08

01/22/08

08/12/08

07/22/08

08/12/08

10/14/08

02/26/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

 

Lotta Lettuce litigation

01/08/08

01/22/08

09/09/08

09/23/08

01/22/08

02/12/08

10/14/08

10/14/08

02/26/08

07/22/08

08/12/08

09/09/08

10/14/08

02/26/08

 

Blue Collar Union – Contract negotiations

01/22/08

02/26/08

04/22/08

05/27/08

09/09/08

02/12/08

05/13/08

05/27/08

08/12/08

10/14/08

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

 

Contract Negotiations – PBA

07/08/08

07/22/08

09/09/08

07/22/08

08/12/08

09/09/08

07/22/08

08/12/08

09/09/08

10/14/08

 

Contract Negotiations – BOE – 86 River Road

07/08/08

08/12/08

09/09/08

09/23/08

07/22/08

09/09/08

10/14/08

10/14/08

07/22/08

08/12/08

09/09/08

10/14/08

 

Contract negotiations – Condominium Associations

09/09/08

10/14/08

10/14/08

10/14/08

Union contract negotiations – health benefits

09/23/08

10/14/08

10/14/08

 

 

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

 

RESOLUTION FOR THE INTENT TO PARTICIPATE IN THE IMPLEMENTATION STUDY FOR REGIONAL ANIMAL CONTROL, SHELTERING, AND CRUELTY SERVICES:

 

WHEREAS, a Feasibility Study exploring the viability of regionally aligned animal control, sheltering, and cruelty services has been conducted and recommends the establishment of a “joint meeting” with two regions to perform all animal-related functions and activities currently handled by participating local units; and

WHEREAS, the Feasibility Study found that municipalities within Morris County can improve overall service levels and potentially save several hundreds of thousands of dollars in operating costs by implementing regionally aligned animal control, sheltering, and cruelty services; and

WHEREAS, the Feasibility Study found that a capital investment of approximately three million dollars in regional animal welfare facilities was necessary to support regionally aligned animal control, sheltering, and cruelty services; and

WHEREAS, knowledge of the actual number of local units interested in participating will be necessary to establish the “joint meeting” regional coverage, contractual terms and conditions, organizational structure, staffing model, and formula for apportioned capital costs and operating expenses; and 

WHEREAS, the true viability of “joint meeting” implementation can only be determined once the actual number of local units interesting in participating is known and appropriate decision support information based on that number is made available; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Montville, that the Township of Montville does hereby agree to join with other interested local units, including the Township of Randolph, to create the necessary decision support information to evaluate the true viability of “joint meeting” implementation for regional animal control, sheltering, and cruelty services; and 

BE IT FURTHER RESOLVED that an Implementation and Transition Grant from the Department of Community Affairs, Local Government Services, may be sought if deemed appropriate by Morris County’s Shared Services Coordinator with the understanding that there are no required local matching funds from the participating municipalities as contribution to the study’s costs.

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

COMMITTEE REPORTS:

Committeeman Braden asked what is the utility bill for the facility for the field house concession?  Are we at least breaking even – in relation to the contract for the concession time period, etc.

 

Vanderhoof stated we do have a cost for the field house electricity; however, it is not broken down between the concession stand and the regular field house.  Will do a report on that.

 

Braden stated because of the holiday they only one day to ask questions about the agenda.  Can we get a draft agenda by Thursday?  Bastone/Atkinson – yes.

 

Braden stated Township Committee letter for the Montville Messenger – would like to establish a schedule.

 

Sandham stated typically the Mayor does the first one and the Deputy Mayor does the second one. 

 

Braden stated he will do it for the November issue.

 

Committeewoman Bader – no report.

 

Committeeman Sandham stated he did speak to the lady about the Camp Dawson lights.  I think we need to address that issue somehow.  She is looking for a change in the ordinance to ½ hour earlier.

 

Bastone stated there is a recommendation from the Recreation Commission.  Agenda item next meeting.

 

Sandham stated Residents with Disabilities Advisory Committee – have had some turnover.  Some things have not been followed through – handicap access at the dog park.  Mrs. Aceti asked what we could do to move forward.  I would ask that Tom Mazzaccaro and Maryann Witty   give a recommendation.  Budget item?  Get price.

 

Braden asked is this something we could get a volunteer group to do?  Look into costs.

 

Sandham stated they received a letter regarding Cedar Road and Jilson Road.  Is this in our program this year?  Barile answered no.  I do have to look at them with Tom Mazzaccaro. 

 

Sandham stated he would like to let the residents know.  Barile stated he will look into it this week and send you an e-mail.

 

Sandham stated Pine Brook Road – received a letter requesting new curbs.  Nielson asked if it is feasible and is it just curbing?  Barile stated he will take a look at it.

 

Sandham stated letter regarding Konner Avenue sidewalks.  Bastone stated we are replacing curbs on Konner Avenue.  As part of that, because they have asphalt sidewalks that are directly contiguous to the curbing, we are replacing the asphalt sidewalks.

 

Sandham asked if we can survey the principals of the schools regarding the Every Drop Counts program.

Bastone and Mazzaccaro will work on.

 

Chairwoman Nielson reported on the PSE&G power lines.  She drafted a letter to Congressman Frelinghuysen. 

 

Thursday, October 23, joint meeting in East Hanover.  I asked Mr. Bastone to attend.  I will be attending the Planning Board meeting that night regarding highlands.

 

Nielson stated District 26 is having a town hall meeting here on October 22 at 7 p.m.

 

Nielson stated she met, along with Mr. Bastone, with Mr. Sous and other representatives of PSE&G and indicated to them that they have not provided responses to questions from our meeting on July 15th.  Their target date is still January 2020 to start construction. 

 

Nielson stated on October 20 she will be attending the Morris County presentation to request open space funds for the Starkey property.  I will be attending with Maritza Byrne.

 

RESOLUTION NO. 2008-CES-101408B 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:  Contract negotiations – Blue Collar; and PBA.

 

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

 

At 9:50 p.m. – Closed Session.  At 10:15 p.m. – Public Session.

                       

Meeting adjourned at 10:15 p.m.  Motion:  Sandham.  Second:  Bader.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 29 January 2009 )
 
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