MTC Meeting Minutes 10-28-08 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, October 28, 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 Vice-Chairman James Sandham, Jr.:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Present:          Committeeman Art Daughtry (arrival 7:03 p.m.)

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson (arrival 7:35 p.m.)

 

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-102808 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 – Tipcor; Litigation – South Salem Associates; Lotta Lettuce; Contract negotiations – Board of Education lease; Animal Shelter; and PBA.

 

Motion:  Bader.  Second:  Braden.  All in favor except Daughtry and Nielson - absent.  Resolution adopted.

 

At 7:03 p.m. – Closed Session.  At 8:05 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 Daughtry.

 

REPORTS:

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported the professionals are still looking forward to a bond financing.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported he received additional information on the Ptsazek soil movement application.  He will review this week.  It is possible it will be on for next meeting if they can meet the notice requirements. 

 

Cedar Hill School sidewalk extension – sent out seven RFP’s.  Received four back.  The lowest is from Cifelli construction.  I submitted a purchase order today for that project.

 

Lake Montowac Dam – the inspection was last week.  No problems were noted.  Will receive a report from the consultant.

 

Petition from residents on Pine Brook Road where the area 18 sewer project is.  They want to know if curbing can be done in conjunction with the sewer job.  The petition cites aesthetic reasons.  It does not cite any drainage problems.  I would like to investigate it a little further.

 

Chairwoman Nielson asked Mr. Barile to make contact with the point person.  Barile stated he will generate a letter and copy the Township Committee.

 

Sandham stated the town is allowed to put sidewalks in and get an assessment from the homeowners.  Do we have that same ability with curbs?

Robert Oostdyk, Township Attorney, stated we do have that option.

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on the Police Department new hires.  He will be submitting a request for certification from the DOP to replace two of the three officers that retired this year.  That is also in anticipation of retirements in 2009.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Police Officers Frank Cooney and Carlo Marucci present.  Officer Cooney stated they are interested in building a PAL Center.  We are asking for your assistance in finding a piece of property to do this joint endeavor with the Township.  Funding assistance – if we could raise half of the funds, would the Township fund the other half?  We would like the Township’s support.  Possibly we could have subcommittees to come up with ideas – gym, activities, etc.

 

Sandham stated he was involved with the one built in Lincoln Park.  I think it is a great idea. 

 

The rest of the Township Committee agreed also.

 

Subcommittee formed – Nielson and Sandham.  Braden, alternate.

 

Lauren Trionco, 19 Duynecrest Road, Towaco, stated she was upset that the State did not overturn the Camp Dawson master plan in relation to the aquifer.  I am involved with Every Drop Counts and know how the aquifer works.  Camp Dawson is not a sports complex.  It is the heart of the Towaco Valley Aquifer.  We have added a bathroom, we have cut down the vegetation around the pond, and there is a snack bar.  We are now talking about putting down more impervious surface.  We don’t treat it like a place that is so important to our town.  I think we have to look at that area and treat it with more respect than it is currently getting.  They are standing on their water supply.  They don’t know where their water comes from.

 

Nielson stated maybe you can contact us privately to see what further education we can do there.  We do test those fields every three months and it is not leaching.  I assure you we don’t take these issues lightly.   Maybe we can put a kiosk up there to make sure people understand how important Camp Dawson is.  The State has approved the master plan. 

 

Barile stated we are not really enlarging the parking area.  We are just making it more orderly and safer.

 

Tom Mazzaccaro, DPW/Water & Sewer Director, stated the pond vegetation is acceptable.  That pond is a recreational pond so people can fish there, and it has been for many, many years.  The master plan – I did have reservations.  I shared them with the Township Engineer.  Our hydrologist should be consulted about how to return the water back to the aquifer.  I believe the master plan shows that.  Overall, the plan is ok.  There have been objections about putting the roadway around that wetlands area, and maybe that can be looked at again in the future.

 

Barile stated the plan addresses the drainage and the cleaning of the area.

 

Nielson asked Lauren to submit her suggestions to Mr. Barile.  There could be education programs.  The bathrooms were there previously.  The snack bar is a mobile shed. 

 

Trionco stated that is true, but it creates the sense of a sports complex.  It is not a park.  What is the expansion going to be next?  Nielson stated I believe the expansion is minimal.

 

Pat Green, 1 Chapel Court, Towaco, stated they live right across from the field.  They were aware of the public hearing, but just this past week they learned what the plan entailed. 

 

Nielson asked if they could put their concerns in writing.  If there are comments, we should have this as a discussion item.

 

Green stated no one is probably affected more than us.  The traffic is going to be funneled right into our kitchen.  The plan does not address the safety issues – parking, etc.  The exit is closer to a blind curve.  It is also going to affect our property value.

 

Committeeman Daughtry stated he would like to work all of this together.  I am liaison to the Recreation Commission.  If you have ideas that help your issues and still satisfy the goals of the Recreation commission and the Township Committee, we will address the issues.

 

Ed Watters, 9 Brook Valley Road, Towaco, stated he just looked at the plan.  Will sleigh riding still be allowed?

Daughtry stated we do have to address that with Mr. Barile. 

 

John DiNardo, 3 Dorsey Court, Towaco, asked what would be the % increase in our taxes for the master plan work.

 

Barile stated the cost is $60,000 to $80,000.  Right now we are only going to proceed with the driveway and parking.

 

DiNardo asked will the expenses be available on the website?

 

Nielson stated the only monies we approved were for the safety issues – the parking.

 

Sandham stated Mr. Barile was correct, it was $60,000.  You can get copies of the information from the Finance Officer.

 

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

 

DISCUSSION ITEMS:

 

NO. 1 – PARK CLOSURE TIMES:  Bastone stated in his report is the October 10, 2008 Recreation Commission memo and the ordinance relative to park closures, the noise ordinance, and the recreation policies. 

 

Daughtry stated three key issues that come to light from Mrs. Work and the people who sent in comments:  noise – Spring – men’s soccer.  I didn’t see it in writing that it could be handled with men’s soccer to close Dawson at 9 or 9:30 p.m. from Sunday to Thursday night.  Spring is the worst because windows are open.

 

Daughtry stated flashing sign, curb, and new entrance.  Mr. Barile is going to look into a flashing sign. 

 

Daughtry stated sleigh riding.  If Mr. Barile could put three copies of the map plan in my mailbox, I will meet with these three people and try to come up with improvements.

 

Nielson asked Mr. Barile to look into lowering the speed limit on Jacksonville Road or other speed calming devices. 

 

Daughtry will work with Recreation and the residents and report back.

 

Gail Shube, 12 Kristen Court, Towaco, stated she also disagrees.  The driveway should not go around that hill.  I hope you reconsider that.  I am concerned about the paving over the aquifer.  The lights as well.

 

Daughtry stated he will be in touch with her.

 

NO. 2 – PSE&G NEW TRANSMISSION LINE:  Bastone reported there was a meeting last Thursday night in East Hanover to initiate the establishment of a municipal coalition.  We are working on a joint letter to the Board of Public Utilities.

 

The Mayor participated in a press conference today with a coalition of municipalities and environmental groups.  The press conference was at Montville Chase.  We are going to continue to push PSE&G for answers to questions that have not yet been answered.

 

Nielson stated for the students here:  we have seven miles of transmission lines in town.  There is a proposal from PSE&G to construct high voltage lines and make the towers 200’ tall.  230kv to 500kv to the lines.  15 towns in Morris County.  They are going through Chase and some office complexes, etc.  This is a serious concern to Montville Township.  We are not getting enough answers to make sure that we need this electricity and that it would be safe.

 

Bastone stated the coalition of municipalities and environmental groups – it has come to our attention that PSE&G intends to file directly with the BPU and bypass municipal review.  We are going to object to that.  We think our residents and the municipalities need to be heard on this issue. 

 

Nielson stated their intent is to break ground by January 2010.  We need a more concerted effort and talked informally about having a meeting with the Governor.

 

Sandham stated we had PSE&G come out and address our citizens.  There were a lot of questions, and they still did not answer them.  We are on record with a resolution.  We have enlisted the support of our Senators, Assemblyman, and United States Congressman.

 

Motion made by Sandham to partner with other municipalities that are affected by the power lines and empower our Mayor to speak on our behalf and coordinate an effort to go ahead and form a coalition and go talk to whatever powers that need to be addressed at the State level.  Second:  Bader.  Discussion:  Daughtry asked if there were funds associated with this.  Nielson answered not at this time.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

Nielson stated she would like the resolution sent out to the Townships – get Governor Corzine on notice to get a meeting date set up.

 

Bastone stated what the coalition is doing now is drafting a letter to the BPU. 

 

Sandham stated I was trying to get a coalition of mayors.  Bastone stated last Thursday was a meeting of the mayors of the municipalities. 

 

Sandham stated we need to ask for a meeting with the Governor.  The State League of Municipalities is coming up.  This is an opportune time to take advantage.

 

Sal Saio, 107 Changebridge Road, Montville, stated I think the coalition of municipalities is a great idea.  I think we should also have expert witnesses.  If each town could chip in a small amount of money…Bastone stated we are doing that.  We have some ideas on that. 

 

Truscha Quatrone, 4 Majorca Road, Towaco, stated yesterday in the newspaper, the Governor signed a bill that over the next five years will lower the power requirements in the State of NJ.  You might want to include the grassroots people that have been involved in this.  They are already going to go to Governor Corzine.

 

Bastone stated we discussed that at the meeting and at the press conference.  We think the best thing to do is work in concert together.

 

Sandham stated it is going to take a multi-pronged attack.

 

NO. 3 – LONG-TERM FINANCIAL PLANNING COMMITTEE’S RECOMMENDATION FOR FUTURE CAPITAL EXPENDITURES:  Bastone stated the LTFPC met last week, and you have the Finance Officer’s October 24th memo.  Summary:  recommendation - $1.5 million in 2009 and $2 million in 2010 to 2013.  With the analysis is how we will be continuing to reduce our debt.

 

Sandham stated we had our Finance Officer schedule out what the debt repayments will be over the next six years just to see what our debt levels would look like.  We have excluded water & sewer and open space right now because those tend to me on a more as need basis.

 

Accept the LTFPC’s recommendation:  Daughtry.  Second:  Braden.  Discussion:  Sandham stated given economic conditions we don’t expect a decrease in property tax collections at this time.  If these conditions continue to worsen or property tax collections lessen, we may want to revise it down.  All in favor.  Motion approved.  Sandham thanked Fran Vanderhoof for a lot of work on this.

 

NO. 4 – REORGANIZATION MEETING:  Scheduled for Tuesday, 1/6/09, 7 p.m.

 

NO. 5 – HIGHLANDS GRANTS:  Bastone stated there is a possibility of applying for two grants - $15,000 and $25,000.  The $15,000 is basically to look at the Highlands to see if we should opt in or opt out.  At the Planning Board meeting, it was requested that our professionals get back to us with proposals to determine what the actual cost would be to conduct this analysis.  The application process is fairly simple.  $15,000 – recommendation is that we pursue applying for the grant.  Second grant – $25,000 for transfer of development rights.  This is to look into if the Township wants to be involved in the transfer of development rights - specifically Route 46.  These grants are on a reimbursable basis.  The professionals were asked to work on a proposal to see if we want to participate in the $25,000 grant.

 

Nielson stated it was discussed that the $15,000 grant was the threshold.  The Township Committee, about a year ago, requested six-figure money from the Highlands Council.  We did not get a response back in the affirmative at that time.

 

My only concern is there might be some minor exposure here.  I would hope that we get a nod from the Highlands Council.  I just want to close any loopholes.

 

Bastone stated the Planning Board has already authorized the professionals to submit proposals to look at the two grants.  We can then decide if we want to pursue them.  I will have Mr. Brewer look into the intricacies of the $25,000 grant.

 

Nielson asked can you also make sure Mrs. White pulls out the previous documents. 

 

Sandham we should get the list from the Highlands about what can be reimbursed.  Also, what is the filing deadline for the grant applications?  Confirm the opt-in date.

 

Nielson stated if we have an issue, we will call a special meeting.  Need outline of dates.

 

Lauren Trionfo, 19 Duynecrest Road, Towaco, asked what portion of the Township is in the Highlands.  Nielson answered the entire Township is within the Highlands.  There are two sections – the preservation area and the planning area.  72% of the town is in the planning area.

 

Fran Work, 4 Brook Valley Road, Towaco, stated she did want to mention the sleigh riding hill.  Once you put the driveway in the hill will not be there.

 

Barile stated the driveway as shown on the master plan would cut into the sleigh riding. 

 

Work stated I have a petition of 105 signatures in support of the lights being turned off at 9:30 p.m.  How many signatures do you need to change the law?

 

Nielson stated the law doesn’t necessarily have to be changed.  The scheduling of the fields could be changed.

 

Daughtry stated he will work on this.  Nielson stated Mr. Daughtry has pledged to work with the residents, and he will report back to us.

 

Work stated Mr. DiNardo brought up how much is this costing us.  $60,000?  Barile stated driveway, guiderail, drainage, parking area.

 

Sandham maybe the ordinance does need to be changed regarding the lights.  Recreation has made a recommendation:  Sunday to Thursday, 9:30 p.m.  Friday and Saturday nights, 10:30 p.m.

 

Work stated she will hand in the signatures.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated in answer to the question on changing the law – our charter says 5,000 signatures.

 

Lefkowitz stated putting the budget on the website – it is a matter of clicking on file and print.  I would ask again if you are going to talk about that?  You were going to discuss it several months ago.

 

Ray Angelino, 9 Kristen Court, Towaco, stated he was looking at the plan and is very concerned about the safety.  I am an engineer and have designed parking lots.  Also, concerned about the entrance.

 

Sandham stated the safety is being improved in the parking lot.

 

Angelino will make a list of all of his concerns/items.  Daughtry stated it would be a great thing to offer solutions.

 

Nielson stated there was never an overall master plan done before the fields were built.  We can learn from this.  You need a master plan.  It is the key to going forward on any project.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA17:  Motion:  Sandham.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND HELD BY THE TOWNSHIP:  Block 9, Lot 26.1, soil stabilization, $500.00.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT – TAX APPEALS 2008:

 

WHEREAS, The MORRIS COUNTY BOARD OF TAXATION has entered judgments on appeals filed by taxpayers in the Township of Montville; and

 

 WHEREAS, The judgments reduced assessments and cancelled tax creating an overpayment of taxes for the year 2008;

 

NOW, THEREFORE, BE IT RESOLVED that the treasurer is authorized to draw checks in the amount of overpayment to:

                                              

Block 88 Lot 55

Joseph Silvestri

85 Pine Brook Road                                                        $380.24

 

Block 124.9 Lot 9

Montville River Rd Prop LLC

152 River Road                                                               $235.27   

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT – STATE TAX APPEAL 2007 AND 2008:

 

WHEREAS, The TAX COURT OF NJ has entered judgments on appeals filed by taxpayers in the Township of Montville; AND

 

 WHEREAS, The judgments reduced assessments and cancelled tax creating an overpayment of taxes for the year 2007 & 2008;

 

NOW, THEREFORE, BE IT RESOLVED that the treasurer is authorized to draw checks in the amount of overpayment to:

                                               

Block 51 Lot 28

Apple Partners

115 Rt. 202                                                                             2007:            $37,083.09

                                                                                                2008:            $41,486.19

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION 2008 MUNICIPAL BUDGET – DRUNK DRIVING ENFORCEMENT FUND $4,643.19:  2008 Municipal Budget:  Revenue title:  Division of Motor Vehicles $4,643.19.  Appropriation title:  Drunk Driving Enforcement Fund $4,643.19.  Local Match - source:  None.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING WAREHOUSE SALE – WESTPORT CORPORATION 11/28 TO 12/23/08:  Signage plan dated 10/06/08 approved – four signs only.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING AMENDED INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF LINCOLN PARK – ANIMAL CONTROL SERVICES 2008:  Agreement dated January 22, 2008, amended to provide for a reduction in the per quarter service charge from $5,842.20 to $5,617.50.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACT FOR JANITORIAL SERVICES TO EXCELLENT BUILDING SERVICES CORP.:

 

WHEREAS, bids were received on November 1, 2007, for janitorial services for various Township buildings; and

            WHEREAS, the bid specifications provided that the Township shall have the right to extend the contract for one additional year and the one year contract price; and

 

            WHEREAS, the bid of Excellent Building Services Corp. was accepted; and

 

            WHEREAS, the Township desires to exercise its right to extend the contract for one additional year at the one year contract price.

 

            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 Contract between the Township of Montville and Excellent Building Services Corp. for janitorial services at various municipal buildings shall be extended for one year for a contract price of $4,535.00 per month.

CONSENT AGENDA ITEM H – RESOLUTION ACCEPTING BIDS FOR THE SALE OF SURPLUS PROPERTY:

 

WHEREAS, the Township of Montville pursuant to N. J. S.A. 40a:11-36 advertised for bids for the sale of surplus property, and

 

            WHEREAS, bids were received for some items placed for bid, and

 

            WHEREAS, the suggested minimum bid for item #1 was not received, and therefore will not be accepted, and

 

            WHEREAS,    the Township’s Director of Finance and the Director of Roads have reviewed the bids and have determined that there is no substantive or procedural deviations and thereby recommends the sale of the following surplus property 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:

 

The following bids for the sale of surplus vehicles are hereby accepted:

 

2.  1990 Dodge Dakota Pick UpTruck 1B7GG26XOLS750422            $526.00

            Sold to:  John Corigliano, Boonton, NJ

3.  1991 Ford Ranger Pick Up Truck  1FTCR10U9MTA05245            $156.00

            Sold to:  John Corigliano

4. 1996 Ford Taurus 4 Door 1FAFP52S7WA245551                      $380.99

            Sold to:  Garden State Auto-Dan Dames

5.  1998 Chevrolet 2500 Pick Up Truck 1GBGK24RXWE183257  $1,026.00

            Sold to:  John Corigliano, Boonton, NJ

6.  1999 Ford Crown Vic  2FAFP71WXXX104627                                $  587.00

            Sold to:  Jersey One, Jersey City, NJ

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING OF AN ESCROW AGREEMENT BETWEEN THE COUNCIL ON AFFORDABLE HOUSE (COAH), THE TOWNSHIP OF MONTVILLE, AND LAKELAND BANK:

 

WHEREAS, a municipality may impose, collect and spend development fees and establish an affordable housing trust fund that includes, development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or  any other funds collected in connection with Township of Montville’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq.; and

 

WHEREAS, COAH has not yet approved a spending plan for the Township of Montville, the Township of Montville acknowledges that no expenditure of development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or  any other funds collected in connection with the Township of Montville’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq.  may occur prior to COAH’s approval of a spending plan; and

 

WHEREAS, P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. requires an interest-bearing housing trust fund to be established for the purpose of receiving collected development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or  any other funds collected in connection with the Township of Montville’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. and provides that no money shall be expended from the housing trust fund unless the expenditure conforms to the Development Fee Ordinance, a spending plan approved by COAH and the conditions set out at N.J.A.C. 5:97-8.7-8.9; and

 

WHEREAS, P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. further require the Township of Montville, within seven days of opening the trust fund account authorized by the ordinance, to enter into an escrow agreement with COAH pursuant to N.J.A.C. 5:97-8.2(a) to enable COAH to monitor disbursement of collected development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or  any other funds collected in connection with the Township of Montville’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. and to direct the forfeiture of such funds after proper notice if their imposition, collection and/or expenditure are not in conformance with the terms of P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq., the conditions set out at N.J.A.C. 5:97-8.13(a), the spending plan approved by COAH, and P.L.2008, c.46 (C. 52:27D-329.1 et al); and

 

WHEREAS, P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. further provides that if COAH determines that the imposition, collection, and/or expenditure of development fees are not in conformance with the terms of the approved Development Fee Ordinance, approved spending plan, and P.L.2008, c.46 (C. 52:27D-329.1 et al), COAH may, after a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., revoke a Development Fee Ordinance approval and direct the transfer of funds including future collection of non-residential development fees to the New Jersey Affordable Housing Trust Fund.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the Township Administrator is hereby authorized to execute an Escrow Agreement between the Council on Affordable Housing (COAH), the Township of Montville, and Lakeland Bank as set forth in the form attached hereto.

 

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

 

NO. 2 – 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, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

November meeting schedule:  Thursday, November 13, and Tuesday, November 25.

 

COMMITTEE REPORTS:

 

Committeewoman Bader – no report.

 

Committeeman Braden – asked if the analysis was done on the left-hand turn signal on Horseneck Road.  Barile stated that is in the hands of the County.  The police were doing the counts for the County.  It would be a 50/50 funding deal.  Our cost was $50,000.  I will get an update from the County.

 

Committeeman Daughtry – Historic Preservation Review Commission – cell towers – I don’t understand why the town doesn’t mandate towers on Township property so the revenue goes to the town.  According to Kathy Fisher, there are over 100 municipalities in the State that say cell towers have to go to the town first.

 

Oostdyk stated that was a popular ordinance.  It has run into some trouble.  It doesn’t mean you shouldn’t encourage cell tower companies to locate on municipal property.

 

Daughtry stated we don’t have an ordinance.  We are losing out on these applications and the revenue.  These are third party builders of tower sites.

 

Oostdyk stated usually they like to locate on municipal property.  He will look into what we can do to try to encourage locating on municipal property.

 

Daughtry stated there is a huge walnut tree that is right up against the outkitchen.  Is there anything we can do?  Can we investigate this again?  Can we get the folks who did the restoration put in writing that it needs to be removed or the roots are going to lift up the building.

 

Bastone stated we tried to use grant money and it wasn’t eligible.  Daughtry stated is would be around $1,700.  It is on private property.  I am asking this Township Committee for $1,700.  This is the right think to do.

 

Vanderhoof will see what the Morris County Co-op would charge. 

 

Authorization to pay.  Motion:  Sandham.  Second:  Nielson.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Daughtry, yes.  Motion approved.

 

Daughtry asked does the Township Committee want me or someone else to put together something on families in town who have a long history of volunteer service?  We could write it and send it out as a press release, etc.  Township Committee – yes.

 

Committeeman Sandham stated Assemblyman Jay Webber was here the other day.  If you recall, when reviewing water & sewer rates, senior citizens are afforded a discount at certain income levels.  That bill was put in place in 1995.  We had proposed through our legislators to raise the income level and to index that going forward with the cost of living.  Our legislators proposed the bill, it was passed, and is now going to the senate.  The senate should pass it.  Kudos to all of us, as that bill started here.  There is more work to be done, however.  It was a two-pronged attack.  The first was to get the income level raised and the second was to get the credit increased as well.

 

Chairwoman Nielson asked Mr. Barile the status of the light at Park Avenue and Route 202 – there is no pole.  Barile stated the contractor is having a hard time getting the supplies.  He will get a status update from the County.

 

Nielson stated October 20, Mr. Bastone, Open Space Committee members, and I attended the County Open Space grant hearing.  We are applying for a grant to preserve fifty acres for open space at the corner of Millers Lane and River Road.  Hopefully we will get grant funds to fund that purchase. 

 

Nielson stated last week the Planning Board chairperson stated he is receiving numerous complaints about signs not in compliance.  Bastone stated that is being addressed.

 

Nielson stated we have a letter we would like our Township Administrator to send out to residents about the rezoning in the Pine Brook section.  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

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

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 29 January 2009 )
 
< Prev   Next >
Joomla School Template by Joomlashack