MTC Meeting Minutes 11-13-08 Print E-mail


Montville Township Committee Regular Meeting

Thursday, November 13, 2008, 7:00 p.m.

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


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


Present:            Committeeman Art Daughtry (arrival 7:10 p.m.)

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson


Also present:            Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk


RESOLUTION NO. 2008-CES-111308 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; Contract Negotiations – PBA; Board of Education lease; and 2009 salaries; and Potential litigation – class action – public intoxication ordinances.


Motion:  Bader.  Second:  Braden.  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 Committeeman Braden.




NO. 1 – METRO PARK:  Mayor Nielson opened the public hearing. 


Frank Bastone, Township Administrator, stated this is a public hearing for the proposed master plan for the Metro property located behind Barry’s Pharmacy.  A subcommittee was commissioned by the Recreation Commission to study this.  The proposed use is a roller hockey rink/skate park, a field house, parking, and tennis courts. 


Nielson stated it is Block 131, Lot 15, 65 acres, 20 to 25 of that is uplands. 


Richard Cieri, Chairman, Recreation Commission, stated for a number of years there have been various capital improvements that the Township Committee has asked the Recreation Commission to prioritize.  We have various requests in town for a skate park, roller hockey, and tennis courts.  The tennis courts request is due to no tennis courts any longer at Reilly and Manchester Parks.  We have successfully come up with a concept plan for a roller hockey rink, six tennis courts, and a skate park.  It would be open from dawn to dusk.  This facility will satisfy a number of groups in town.  This utilizes a small portion of the 65 acres.  We are looking for you to approve this master plan – maybe it wouldn’t be done all at once, but in stages.  The groups have a number of fundraising opportunities to put the plans in motion.  I believe we have approximately $140,000 in reserves to start this off. 


Members of the subcommittee:  Kevin Wong, Steve Sefcik, Steve Moscone, Gerry Logan, John Calcagno, Maryann Witty, Mark Armelino, and Jeff Rothstein.


Kevin Wong described and showed the conceptual plan.  Most of the site is wetlands.  They are just planning on developing the front portion. 

Nielson asked about the parking lot.


Wong stated that was taken from the previous plan.  Mr. Barile would have to look at it.


Cieri stated this is just a conceptual plan that Mr. Barile can work with.


Steve Moscone stated they looked at virtually every piece of open space in town.  Metro fit the bill and is centrally located.  This is conceptual.  It would be up to the professionals to look at the size of the parking lot, etc.  The Recreation Commission has made roller hockey the #1 priority.


Steve Sefcik stated this has been going on for a number of years.  I have been involved in the roller hockey program for nine years.  One of the things everyone kept asking for was a rink.  This is a wonderful step forward.


Mark Armelino stated we have been waiting a long time to get to this point – just having the sight indentified so we can raise funds.  We are fully ready to rally behind this.


Jeff Rothstein stated he would like to thank the Township Committee for asking someone from tennis to be on the subcommittee.  The tennis community is very pleased to hear that there will be the opportunity for tennis courts here in Montville.  There are some avenues for us to work with the United Stated Tennis Association to try to achieve grants for tennis facilities.  That is something we will follow through with vigorously.


Nielson stated dawn to dusk – is that the feeling of the tennis community?


Rothstein stated a lot of people would like tennis at night.  The lighting for tennis courts is different from lighting on athletic fields.  There is interest in having the courts lit at some future date.


Committeeman Sandham asked if they had an idea of the cost of the project.


Cieri stated roller hockey rink $300,000.  They have $140,000 in reserve for roller hockey.  Skate park $300,000.  Tennis courts $50,000 to $60,000 per court.  We do have the three organizations fundraising.


Committeewoman Bader asked if the subcommittee discussed the possibility of converting the roller hockey in winter to ice hockey. 


Cieri stated at this point, to have that conversion would be extremely costly.  Right now they are more interested in something they can utilize currently. 


Committeeman Braden asked if there would be any impervious coverage issues with the DEP Green Acres – for active recreation.


Nielson stated they are not permanent indoor structures.  You could have a general bathroom, etc.


Anthony Barile, Township Engineer, stated they looked at this some years ago for basically the same type of use.  I don’t recall any open space issues.  As far as the DEP, they can’t make that determination until there is an actual design.


Nielson stated she wants to make sure when the layout is finalized the parking is anticipated, etc.  Also, wants to take into account any future uses such as trails, hiking paths, etc.


Committeeman Daughtry stated whatever master plan that the Township Committee adopts, he would like to see in writing something referring to future lighted tennis courts.


Daughtry asked if that $140,000 is there.


Frances Vanderhoof, Director of Finance, and Mr. Bastone will confirm what is there.  About $40,000 may have been used.


Daughtry stated they did still say $140,000 would be available for Recreation.  Clarify for next meeting.  The police department is proposing a PAL building in Montville.  They will match 50/50.  I would love to see official consideration by our Township Engineer – if there is any way – that the outbuilding could incorporate the PAL building there.


Barile stated he has no problem looking into it, but there may be DEP and open space issues.  Also, it needs to be understood that if the tennis courts are lit in the future, we need to light the parking lot.


Daughtry stated if they are blocked by regulations from doing that – what is lot 4.  Is the back piece of the property unencumbered?  I want this looked into as part of this.  If we have to look at acquisition of that, we should look into that now.


Nielson stated if this, in fact, may become a PAL building, we need to have a separate public hearing.  The subject of this hearing tonight is tennis courts and roller hockey.


Daughtry stated, however, now is the time, from the taxpayer of Montville’s perspective, to investigate citing a PAL building.


Nielson stated we are gong to investigate several properties for a potential PAL building; this being one of them.  That is a separate subject.


Cieri stated he wants to set the record straight.  The 185 parking spaces – that was for a soccer field.  The actual concept drawing could very well not need 185 parking spaces.  If the Township puts a PAL building there – we would like to have this project done – not necessarily held up by a PAL building concept.  That was not the intention of the Recreation Commission or the subcommittee to include a structure of that nature. 


Braden state there should be a crosswalk incorporated in this plan.  Nielson stated you are correct.  County approvals are needed for access, etc.


John Swauger, 48 Bloomfield Avenue, Pine Brook, stated he is in favor of roller hockey at this site.  My son started playing six years ago.  We would get the rails from the basement here.  This town needs it bad – a home for this.  I am in favor a PAL building in this town.  You need a lot of parking for a PAL.


Marvin Kaufman, 11 Lancaster Avenue, Pine Brook, stated he is a tennis advocate.  We submitted a petition to Recreation in January.  There is a definite need for tennis in town.  It is not only for adults.


Frank Messina, 7 Van River Avenue, Montville, stated he agrees with the concept.  There is open space around the dog park.  There is easy access there and parking already established.  Also, a lot of the residents on Van Riper have wells.  How would their groundwater be affected if you put a structure there?


Nielson stated if we do go forward with this, there would be additional meetings for the people who abut the property.


Messina asked if the dog park was considered.  Nielson stated it has been considered in previous years.


Barile stated that site was first considered for roller hockey/ice hockey.  The soil there was not suitable to support a structure to lend itself to ice hockey.  The construction of the dog park used pretty much the usable land.  There are environmental constraints out there.


Messina stated you could build it there in addition to the dog park and have nature walks, etc.  You could do it in stages.


Sefcik asked if there is enough room there?  Barile stated no, there is not. 


Nielson stated we should at least take a look at it again.


Mickey Gilbert, 49 Brittany Road, Montville, stated he is the resident closest.  I have a lot of questions.  Concerned with flooding.  Those isolated wetlands are ponds.  They flood when there is a lot of rain.  Will water come onto Changebridge?


Nielson stated the Engineer will look at.


Gilbert stated any kind of sidewalks are going to push the ponds back.  What is the possibility of changes to this plan in the future?


Nielson stated that is why we are doing a master plan.


Gilbert stated there is a safety issue with kids crossing the road.  There is a serious curve there.


Nielson stated we talked about potential flashing lights and/or a reduction in the speed limit.  We will look at all of the safety options.


Tom Hudacko, 47 Brittany Road, Montville, stated his children certainly have enjoyed the sports activities within the town.  Concerns – lighting, quality of life issue, curve, sidewalks, traffic lights, parking.  Would have to move utility poles.  What are you going to do to keep people out at night?  What is the cost?  What are you going to do about lighting?  The Temple – high holy days – have to have police out there directing traffic just so they can safely get out of the Temple.


Nielson stated we will take very precaution.  The access would have to be addressed.


Sharon Press, 23 Brittany Road, Montville, stated while there may be several hurdles, there are solutions to be found.  Every town has hockey and/or roller hockey.  It is time to get to the next step.  Montville has a reputation.  We are not competing with the rest of the surrounding communities.  How do we not have tennis courts?  You have to open minded about it.


Nielson stated we are making an effort to go forward.


Press stated I hope you keep your positive attitude and actually move on it.


Cieri stated we didn’t bring up lighting, but since it has been brought up, tennis court lights are 25 to 30 feet tall – totally different from Dawson.  Very low-level, direct lighting.


Nielson I believe the indication was this was to be phased.  Everyone knows there is not a lot of money at the State and local level.  We do get some State aid; it was reduced last year.  The Township has partnered with some other organizations for projects – MBSA and soccer.  The subcommittee has indicated that they would want to work with the Township.


Kim Armenio, 5 Van Riper Avenue, Montville, asked what other sites have been considered for this. 


Gerry Logan stated they started with the dog park property.  We addressed this property around 2003.  We ran into issues there with the soil.  We also looked at John Street Park, Manchester Park, the old swim club property, Indian Lane, and additional space around Community Park.  This is one of the best centralized sites.  It can be policed a lot easier than an Indian Lane property.  If you know of any open space we don’t know about it, we will look at it.


Armenio stated there are many people on Van Riper Avenue that are concerned about water issues.  We do have wells.  Also, what is the effect on wildlife?  Nielson stated you are correct, wildlife may be displaced.  Over 40 acres will remain in its natural condition, so that habitat will be maintained.


Andrea Wallace, 16 Bogert Road, Pine Brook, stated a lot of kids desperately want the skate park.  One of the high school kids went around and got hundreds of signatures on a petition.  The kids started the whole thing.  I hope you will take this into consideration.


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


Daughtry stated the only potential lighting after hours would be the parking lot and tennis courts.  This Township Committee and our Engineer should look at this lot 4.  I have no problem with this master plan and the recommendation of the Recreation Commission.  However, you have an unencumbered piece of property.  Also, Luckenbill, the paper street – I would like our Engineer to investigate everything now.  I want everything up front now.


Nielson stated there is not access shown from Van Riper Avenue at this concept level or at this time.  If it is planned at any time, there will be public hearings.


Approve the recommendation of the Recreation Commission and forward the concept design to our Township Engineer for further review and consideration.  Motion:  Daughtry.  Second:  Sandham.  Discussion:  Nielson asked does that include preliminary cost estimates, work with the subcommittee, prepare detailed plans, wetland studies, environmental studies, floodplain issues, all appropriate state, county, and federal permits and report back to us with his analysis.  Daughtry:  Amend motion to include Mayor Nielson’s statement.  Second:  Sandham.  Discussion:  Sandham stated also, take all concerns expressed here into consideration.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.




Committeewoman Bader stated the Women’s Club is having a great event on Saturday – free health screenings, etc., at the Senior House.




Susan Parapano, 11 Heritage Court, Towaco, stated she spoke previously.  The Route 202 corridor – we petitioned the Board of Education to declare Route 202 unsafe.  In 2003, the BOE declared Route 46 unsafe.  The woman on Brook Valley Road still has not gotten a safe bus stop.  She has appealed.  The BOE resurrected their joint safety committee.


Bastone stated they have assigned police professionals to participate.  Committeeman Sandham and Committeewoman Bader are on the committee.  The ball is in the BOE’s court.


Parapano stated because of these safety issues, is it possible that you have influence that we can bring these issues directly to the joint safety committee.


Nielson stated the BOE is the lead agency.  You need to go to them first.  We will direct Frank Bastone again to look into it – if there is anything statutorily we can do. 


Daughtry stated there is the State Department of Education – you can file a formal complaint with them. 


Sandham stated he will contact the BOE to see if they are going to get the subcommittee moving from their side.


Andrea Wong, 16 Bogert Road, Pine Brook, and Camille Bressman, 6 Old Farm Court, Montville, spoke regarding the PSE&G power lines.  Is it possible for the town to send something home to every resident about what is going on?  There are some people in town who do not know what is going on. 


Nielson stated there is an update in the Montville Messenger that just went to press.  It is also on the municipal website.  It is on the front page of the Neighbor News.  I know there was an effort to send it through the schools. 


Bastone stated I prefer the website.  We have the ability to update the website.


Bressman stated we need support.  We need the entire town.  It affects every person in this town.


Nielson stated Montville Township has been in the forefront.  We had a public meeting here in July.  I have met with the Chase folks.  There have been several meetings.


Braden stated he attend the meeting last week with these two residents in East Hanover.  They are also looking for some parity on the website – include “Stop the Lines” and the Sierra Club. They would also like to get something out to the people.  There are people that don’t know about the issue.


Bressman stated she doesn’t know why the Board of Education doesn’t get involved.


Nielson stated we have to get some guidance from our Attorney regarding the municipal website – what we can and cannot put on there.  She requested the Attorney speak to Frank Bastone about parameters for the website.  It is clear we are opposed to these lines.  We do have a resolution to that effect.


Nielson stated we still have not received answers from PSE&G as to the questions that were raised.


Bressman asked if the Township could possibly consider sending something out.


Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the website is a good source of information.  It is not necessarily a great source of assistance – automated assistance.  Is there a timeline for adding functionality there – ordinances online, etc.


Nielson stated you could give us a list in writing.


Lefkowitz asked about OPRA requests being fulfilled via e-mail.


Martin Murphy, Township Attorney, stated we are only required to do certain things under the law. 


Lefkowitz stated so you are going to be only as open as the law requires.  The law sets the minimum standards.  Is that the Township Committee’s position?  Is there an interest in serving the citizens better if they request it?


Nielson stated we are complying with the law.


Braden stated we are being open.  You just don’t like the delivery process.


Lefkowitz stated the question is do we want to exceed the minimum standards?


Murphy stated we have a lot of OPRA requests.  It is a constant source of things we have to do to comply with the law.


Sandham stated I understand, but the question is one person asking for this or are 1,000 of our residents asking for this.


Lefkowitz stated if I got a petition with 1,000 names, would that be sufficient for the Township Committee.  Sandham stated I am not sure it would be sufficient, but it would be a lot more than one person telling us.


Lefkowitz stated I am giving you an alternative that would save the town money, be more convenient to at least some taxpayers, save the environment, etc.


Nielson stated I know you don’t like the answer.  It is not the minimum requirement.  It is the standard.


Lefkowitz stated back in February you said you were going to consider providing the budget online for 2009.  Again, it would save money, and it would provide more information to the residents. 


Bastone stated what we do with the budget is in conformance with the law. 


Sandham stated we do not get a new 400-page budget packet every two weeks.  There are minimal changes.


Nielson stated this document is available at the Clerk’s office for anyone that wants to look at it.


Bader stated she shared her budget with Mr. Lefkowitz.  I am sure anyone of us would be happy to do that.  Otherwise, you can come into town hall.


Lefkowitz stated old issue that was going to be looked into – the Animal Shelter – I had raised the question about whether or not it made sense financially to build a new animal shelter or whether or not we should be outsourcing it.


Nielson stated we are looking into the alternatives.  There has been financial analysis.  There is no final resolution yet.  It will be on the agenda in upcoming meetings.  There is a subcommittee.  I have not seen the analysis yet.  It is not a public document at this time.


Daughtry stated I am on the subcommittee.


Nielson stated this is not a discussion item.  We are not prepared to discuss the animal shelter tonight.  It will be scheduled and it will be made public at that time.  There are confidentiality matters regarding this.


Lefkowitz stated he will submit an OPRA request for any information that has been put in writing.


Nielson stated I don’t even know if they are documents at this time.  I have to say on the record that this subcommittee and our Administrator have been working very hard on this issue.  There are a number of confidential considerations with other towns with employees.  I really don’t need this being leaked to the press and becoming a hysterical, theatrical issue before this has come to a rational conclusion.  I caution you on that, because this is a very serious matter.  I caution you to be judicious and wait for the rest of us.  I don’t have this information.  I am not on the subcommittee.  There are a lot of ramifications on whatever this Township Committee is going to decide.  We have not had a public discussion on it.  At that time, you are invited to participate.


Tom Kruger, Montville Baseball/Softball Association, spoke about the lighting and poles at municipal field #’s 1 & 2.  Thirty years old.  There are safety concerns.  Showed pictures.  Major concerns:  crossbars are deteriorating.  Poles are leaning and shifting.  This makes the lighting inconsistent.  Also, issues with the electrical panel itself. 


JCP&L annual cost for muni’s 1, 2, & 3 - $9,000.  Described the energy savings if they could replace the lighting system - $3,000 per year.  Need new lights on muni’s 1 & 2.  We would like a 50/50 partnership - $93,196 each is the cost we have now.  We are still negotiating with the providers.  Described the financing, down payment, etc.  Lifespan of new lights – thirty years.


Nielson asked if all of the 2008 capital money was expended.  Bastone stated we have about $150,000 left.


Bastone explained the structure of the previous agreement with the MBSA for the new 5th Base.


Sandham stated we should find a way to fund it, and we get paid back by MBSA so the interest charges are not incurred.


Discussion NJ State contract – Musco.  The town can contract with them without going out to bid.  This may be a solution.  If the Township finances it, we can get a much better interest rate.  Have to find out the State contract numbers, investigate the funding scenarios, and then make a decision.


Township Committee consensus – conceptually supports the proposal.


Sandham stated he likes this proposal, but he also reminds everyone that other groups may also be coming to us for funding.


Nielson stated we are not appropriating money tonight – we are looking into funding, State contracts, warranties, etc.  The proposal is supported conceptually.


Hearing no further comments, Mayor Nielson closed the public portion.  Motion:  Bader.  Second:  Braden.  All in favor.  Motion approved.




NO. 1 – ADMINISTRATOR:  No report.


NO. 2 – ATTORNEY:  Murphy reported he submitted an opinion letter on a telecommunication tower ordinance.


Murphy reported there are challenges being made to ordinances in the State of New Jersey in regard to public intoxication.  There is an OPRA request for our ordinance.  Our ordinance is not in compliance.  My recommendation is to immediately introduce an ordinance in compliance with the existing law.




Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 25, 2008, at 8 p.m.  Motion:  Daughtry.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.




NO. 3 – FINANCE:  None.


NO. 4 – ENGINEER:  Barile reported on the Ptaszek soil movement application.  He has talked to the applicant’s engineer.  He is working on a wall design, which is one of the items that I was requiring.


I have been working with Mr. Mazzaccaro and Mr. Ryden pertaining to the paving in the area 18 sewer project.  The contractor is going to do some leveling on the trenches.


Route 202 traffic signal – the footings are in for the new signal at Whitehall and Route 202.  The poles have been placed for the flashing signal at Pine Brook Road and Whitehall.  The remaining equipment is scheduled to be delivered on November 17.


Changebridge/River/Horseneck Roads signal modifications – traffic counts taken by our Police Department were sent off to the County on November 3.  They are actively working on the project, and they are looking to go out to bid in January.  




NO. 1 – 2009 FEE ORDINANCE:  Bastone stated you have recommendations from Recreation and Water & Sewer, and one recommendation from Engineering for snow and ice control. 


Daughtry left the meeting at this time.


Bastone stated I do have one other request from Jaime Wild for a fee for the youth center - $200. 


Nielson stated she feels the $40 for gardening is excessive.  The current fee is $15.  Sandham stated it is currently $40 with a $25 refundable deposit.  This would be a straight $40. 


Nielson stated she wasn’t sure if it was $40 each year. 


Daughtry returned to the meeting at this time.


Braden stated $40 water use fee for the first year - and in the second year?  This is not clear to me.


Frank Bastone to get clarified.


Nielson stated field house – training sessions there by sports groups – are they charged the hourly fee?  Is it just for outside people/groups?  What about the girl scouts?  Want it clear.


Bastone stated we are not changing who pays, just the rate.


Sandham stated the structure of the fees charges for the youth center should be the same as for the field house.


Bastone stated he would like to introduce the ordinance at next meeting.  The water & sewer user fee is the subject of the discussion item #3.


NO. 2 – COMMUNITY DEVELOPMENT BLOCK GRANT:  Bastone reported the application will be coming out shortly.  There are four possible projects.  The read I get from Community Development staff:  the first two projects are not likely to get good results.  We should concentrate on Longview low/mod heating units and the Pine Brook Road/Greenbriar sewer line.


Nielson stated the library does not have handicap accessible doors like the senior house.  Could that be considered?  Bastone stated he will look into.


Bastone stated he would like to pursue Longview and Pine Brook Road/Greenbriar.


NO. 4 – COAH ONE-YEAR EXTENSION:  Murphy stated we have resolutions on this evening to indicate our intent to opt-in to the Highlands.  This is a memorandum of understanding that occurred between the Highlands and COAH.  It is not binding.  You are able to pull out.  What it does is give you an extra year to file for your 3rd round certification.  It is our recommendation to do this.


NO. 3 – SEWER RATES:  Bastone stated you have a package on recommendations for an increase and change in the sewer rate methodology. 


The recommendation is a sewer user fee based on winter water usage.  Secondly, it projects meeting the increased revenue needs over the next five years for the sewer utility.  Most users will see an increase; however, this is necessary so the utility does not run a deficit that would have to be made up by current fund and property taxes.

We will continue the senior citizen income qualified discount.


Customers that use 9,000 gallons of water or less per quarter will pay less than the current rate structure.  Current flat water rate residential - $120 per quarter.


We brought this to the Township Committee on March 25, 2008.  Because of the intricacies of the rate structure, a subcommittee was established comprised of Fran Vanderhoof, Tom Mazzaccaro, Gary Vinci, Auditor, Jim Sandham, Deb Nielson, and myself.  We had a number of subcommittee meetings to come up with what you have in front of you this evening to most equitably re-establish the sewer rates.


Bastone went through the analysis:  2009 – 2012 budgets – increases that need to be met.  Detailed five-year budget projections. 


New methodology – water usage basis for billing - based on meters in both residential and commercial.  Both a flat fee and a proposed rate per 1,000 gallons that escalates with the more water used.


Nielson stated if we continued with our current rate, what would be the disparity by 2012? 


Bastone stated roughly $2.5 million.


Braden stated non-metered sewers – how is that handled?


Bastone stated the sewers are not metered.  It is water that is metered.  For non-metered, it would be the flat fee - $150 per quarter and $200 on commercial.  Right now it is $120.


Sandham stated the $150 falls in the median use charge.


Nielson stated of all the folks on the subcommittee, she is probably the least comfortable with this.  I am wondering if we can do PR on this.  Could there be a phase-in period?  There are monies in the water budget; and again, I feel uncomfortable.


Bastone stated this is what is necessary to not run a deficit.  I don’t think anyone is real happy with it.  The vast majority of users are in the first four categories. 


Nielson asked if the Long-Term Financial Planning Committee looked at this.  Bastone answered no.


Sandham stated this is going to go over like a lead balloon no matter what we do.  The issue is two-fold:  significant amount of debt service that is going to come into place, and a sewer treatment facility which we have no control over – their pricing.  Those two things will drive the cost up.  The water budget is not running that much of a surplus that could fund this to any significant extent, and it shouldn’t.


Bastone sated if we don’t implement this effective January, we will not be generating the revenue we need to support the 2009 budget.


Nielson stated I have concerns about this substantial amount of change being implemented all at once without a lot of notice or PR.  I don’t know if we have a lot of good options.


Sandham stated we started looking at this over a year ago, and there was no good answer.


Sandham stated it is a matter of what pocket you are taking it out of – either the municipal tax budget or the sewer utility.


Bastone stated we are looking at this at a four-year level.


Bader stated I think this will force people to be responsible – conserve water.


Discussion water & sewer allocations – past and future.


Mazzaccaro stated if this goes forward, a good letter has to go out to the sewer customers.


Sandham stated the question is - is the Township Committee willing to subsidize the sewer budget by two tax points?  One way or another, someone has to pay the shortfall due to the debt service. 


Daughtry asked if Mrs. Vanderhoof could contact the auditor and get a history of the Montville Township budgets and water & sewer budgets.  Also, can the Township support the water & sewer department?


Bastone stated the answer is yes.  The auditor was part of the subcommittee.


Sandham stated this was put together as of today.  It did not take into account the history of any money being moved. 


Bastone stated I am looking for the introduction of an ordinance at next meeting so it can take effect on January 1.


Accept the recommendation of the subcommittee and go forward with the rate structure as proposed.  Motion:  Daughtry.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, no.  Motion approved.






Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 25, 2008, at 8 p.m.  Motion:  Bader.  Second:  Braden.  Discussion:  Sandham asked if we don’t get the minimum bid price, we can still retain the property even though we vacated it?  Murphy answered yes.


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




Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 25, 2008, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.


RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA18:  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.






The undersigned authorized representative of the Township of Montville, hereby certifies that the following resolutions were duly adopted by the governing body of the Employer on November 13, 2008 and that such resolutions have not been modified or rescinded as of the date hereof.


RESOLVED, the Amendment to Section 415 of the Internal Revenue Code, generally effective for limitation years beginning more than ninety (90) days after the close of the first regular legislative session (of the legislative body with authority to amend the Plan) that begins on or after July 1, 2007, is hereby approved and adopted and that an authorized representative of the employer is hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment. 


The undersigned further certifies that attached hereto is a copy of the Amendment approved and adopted in the foregoing resolution.


CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:  December 1 to December 23, 2008.  Signage plan dated 10/21/08 approved – four signs only.


CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO THE BASKET BLAST:  November 24 to December 23, 2008.  Signage plan dated 10/15/08 approved – one sign.








WHEREAS, the Township Committee of the Township of Montville had previously determined that the following described item of surplus property of the Township of Montville, County of Morris and State of New Jersey was no longer needed for public use, and


            WHEREAS, bids were received on October 5, 2008 and the minimum bid amount of $2,500.00 was not bid and the other bids were rejected.


            NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville that the following item be advertised  at a minimum bid price of $2,000.00 at public sale pursuant to N. J. S. A.40A11-36, on Tuesday, November 25, 2008 at 11:00am. Local prevailing time.


1989 Ford F-350 Bucket Truck – 30 Foot Boom

53,080 Miles  VIN#1FDKF37HXKNB11273

Boom Safety inspection done on 8/23/07 by Baker Equipment

Body Rust and Utility Body Rust

Vehicle Condition-Fair

Minimum Bid   $2,000.00


  1. Sealed proposals for the sale of the vehicle described above shall be received at the Montville Township Municipal Building, 195 Changebridge Road, Montville, NJ 07045 on Tuesday, 11/25/08 at 11am, prevailing time.
  2. All bidders shall comply with the Notice to Bidders, and Terms and Conditions of the sale.
  3. All sales are to be made to the highest bidder for payment in the form of certified check or cash in the amount of the bid accepted to be paid to the Director of Finance within ten (10) working days of the day of the sale at the time of delivery from the Township to the purchaser thereof. This vehicle shall be removed by the purchaser as provided in the Notice to Bidders and Terms and Conditions of Sale.
  4. The Township reserves the right to reject any and all bids.
  5. all items shall be purchased on an “as is” basis, and the Township makes no warranties, express or implied as to the item’s description, quality, fitness or otherwise.
  6. Moneys received from the sale of such property shall be paid into General Municipal Treasury.
  7. The Director of Finance is authorized to advertise a Notice of Sale in the Daily Record, said sale being not less than seven (7) nor more than fourteen (14) days after publication of the Notice.


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




WHEREAS, there appears to be insufficient funds in the following accounts (Excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2008


                        Facilities Mgt. OE                  $12,000

                        Roads, OE                               $  5,000

                        Fleet-Vehicle Repair             $  5,000

                        Engineering, OE                     $     500                             


                        WHEREAS,    there appears to be a surplus in the following accounts, (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges,) over and above the demand deemed to be necessary for the balance of the year, 2008

                        Health Benefits, OE               $12,500

                        Solid Waste-Disposal                      $10,000


                        NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands, and


                        BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.


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




WHEREAS, on September 5, 2008, Governor Corzine signed Executive Order 114 which requires the Council on Affordable Housing (COAH) and the New Jersey Highlands Council (Highlands) to enter into a Memorandum of Understanding (MOU) designed to coordinate the regulations of both agencies by maximizing affordable housing opportunities while preserving critical environmental resources; and


            WHEREAS, COAH and the Highlands have prepared such an MOU, which was adopted by COAH on October 29, 2008 and by the Highlands Council on October 30, 2008; and


            WHEREAS, conformance with the Highlands Regional Master Plan (Plan Conformance) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and


            WHEREAS, COAH regulations establish a December 31, 2008 deadline for municipalities currently under the jurisdiction of COAH to submit third round petitions for substantive certification of a municipal housing element and fair share plan; and


            WHEREAS, the MOU establishes a procedure that municipalities under the jurisdiction of both COAH and the New Jersey Highlands Water Protection and Planning Act may follow to seek an extension to the December 31, 2008 deadline set by COAH for the submission of third round petitions for substantive certification of a municipal housing element and fair share plan; and


            WHEREAS, the MOU provides for an extension of the December 31, 2008 deadline to December 8, 2009 for any Highlands municipality under COAH’s jurisdiction that, before December 31, 2008:  1) submits a duly adopted Notice of Intent to Petition in accordance with the Highlands Council’s Plan Conformance Guidelines; and 2) submits a duly adopted resolution notifying COAH of its intent to petition COAH no later than December 8, 2009; and


            WHEREAS, on November 13, 2008 the governing body of the Township of Montville adopted a resolution notifying the Highlands that the Township of Montville has set December 8, 2009 as the target date for submission of a Petition for Plan Conformance.


            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville hereby agrees that its deadline for the submission of a Housing Element and Fair Share Plan pursuant to N.J.A.C. 5:96-16 is extended from December 31, 2008 to December 8, 2009; and


            BE IT FURTHER RESOLVED that the governing body of the Township of Montville hereby directs the Township Clerk to immediately transmit a signed and sealed copy of this resolution to COAH; and


            BE IT FURTHER RESOLVED that the governing body of the Township of Montville hereby directs the Township Clerk to immediately transmit a signed and sealed copy of the November 13, 2008 duly adopted Notice of Intent to Petition in accordance with the Highlands Council’s Plan Conformance Guidelines to COAH; and


            BE IT FURTHER RESOLVED that the governing body of Montville intends to submit a petition for substantive certification of a third round Housing Element and Fair Share Plan to COAH not later than December 8, 2009.


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




WHEREAS, the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 et seq., finds and declares that protection of the New Jersey Highlands is an issue of State level importance because of its vital link to the future of the State’s drinking water supplies and other key natural resources; and


WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a Regional Master Plan for the Highlands Region and requiring that within nine to fifteen months after September 8, 2008, each county and municipality located wholly or partially in the Preservation Area must submit a Petition for Plan Conformance to the Highlands Council for that portion of its jurisdiction lying within the Preservation Area; and


WHEREAS, the Highlands Act specifies that conformance with the Regional Master Plan (Plan Conformance) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and


WHEREAS, the Highlands Council’s Plan Conformance Guidelines require that for jurisdictions with any lands in the Preservation Area, a Notice of Intent to conform to the Regional Master Plan must be submitted to the Highlands Council as soon as practicable, but not later than February 1, 2009 and that for any lands in the Planning Area, a Notice of Intent may be submitted at any time; and


WHEREAS, the Township of Montville lies within the Highlands Region as defined by the Highlands Act; and


WHEREAS, the Township of Montville recognizes the statutory obligation of the Township of Montville to conform to the Regional Master Plan.


NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville hereby provides the Highlands Council with this Notice of Intent to petition the Highlands Council for Plan Conformance for all lands lying within the Preservation area.


BE IT FURTHER RESOLVED that this Notice of Intent additionally specifies the Township of Montville’s non-binding intent to include all lands lying within the Planning Area in the petition.  In accordance with the Highlands Council’s Plan Conformance Guidelines, this Notice of Intent is not binding with respect to lands within the Planning Area. 


BE IT FURTHER RESOLVED that this Notice of Intent provides notice to the Highlands Council that the Township of Montville has set December 8, 2009 as the target date for submission of a Petition for Plan Conformance.


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




WHEREAS, 2008 New Jersey Transit funds are available for the purchase of a vehicle and/or transportation related equipment; and


            Whereas, the Township of Montville provides transportation opportunities to the elderly and persons with disabilities through the Montville Township Dial-A-Ride program; and


            WHEREAS, the Township of Montville Dial-A-Ride program can be enhanced through the acquisition of an additional vehicle; and


WHEREAS, reduced revenues, with increasing demands on said revenues, increases challenges in procuring new equipment;


            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:


                  The appropriate officials are hereby authorized, encouraged, and supported to submit the 2008 New Jersey Transit Elderly and Persons with Disabilities Capital Assistance Program Application.


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


NO. 6 – RESOLUTION APPROVING THE LISTING OF PUBLIC ASSISTANCE CHECKS 01/08 TO 10/08:  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.


NO. 7 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:  Bader.  Second:  Sandham.  Discussion:  Sandham stated we incurred approximately $2,500 for mailing and copying to respond to an application before the Board of Adjustment.  Any way to recoup that?  Murphy answered no.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.




WHEREAS, in recognition of the cost associated with local government efforts to conform to the Regional Master Plan (RMP), the Highlands Act provided a funding mechanism through the creation of the Highlands Protection Fund; and


WHEREAS, the Highlands Protection Fund includes significant grant funds that are available for municipalities and counties seeking to conform or considering voluntary conformance with the RMP; and


WHEREAS, the Highlands Water Protection and Planning Council (Highlands Council) has adopted an Initial Assessment Grant Program.  This grant program will fund preliminary municipal and county Plan Conformance activities for lands within the Preservation Area where conformance is mandatory, as well as in the Planning Area where conformance is voluntary.  These grants will allow local jurisdictions and counties to engage their professionals to assess the requirements and benefits of Plan Conformance; and


WHEREAS, The Township of Montville believes that it is in the best interest of the Township of Montville to apply to the Highlands Council for an Initial Assessment Grant.


NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Township of Montville hereby authorizes the submission of the aforementioned Highlands Initial Assessment Grant Application to the Highlands Council.


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




Committeewoman Bader stated prior to the election she received an anonymous letter accusing her of not upholding the Democratic values.  I am a Democrat.  I have a very high personal, moral standard that I set for myself.  I will never participate in the horrific campaign tactics that took place this year.  If that makes me less of a Democrat, then so be it. I am honored to have worked with you and look forward to working with you all of you in the coming year.  I am sorry it had to get where it was.  I will never acknowledge or go that route.


Committeeman Braden stated he attended a meeting Monday night in East Hanover regarding PSE&G.  The intent of the group there was to schedule a forum for all the towns involved and get our legislators involved.


I have asked Mr. Barile to look at possible sites for a PAL building.


I did have a request from a citizen inquiring if we have a Montville Civic Association because they wanted to get something out.  We have Towaco and Valhalla civic associations. 

Committeeman Daughtry - reminder we are coming to the end of the garbage contract.  Vanderhoof and Bastone will double-check.


Still having an issue with land use/zoning enforcement.  Bastone will follow-up.


Historic Preservation Review Commission – any action on disclosure or Boiling Spring Savings Bank - are they going to be addressed?


Township Committee agreed to invite the chairperson to the next meeting.  Murphy advised they can discuss it in closed session.


Animal Shelter – will give official update on the Animal Shelter at next meeting.


EMF letter (PSE&G) – I just signed.


Dawson subcommittee – the whole approach to changes is going to revolve around JIF (sleigh riding).  There is one possible change in the flow that we will consider if all the ducks fall in a row.


Waughaw Road drainage status?  Barile stated public works took a look out there.  Daughtry will speak to them directly.


Appointment meeting date – Tuesday, December 16, 7 p.m.


Committeeman Sandham - letter Kanouse Lane.  Barile stated they did comply with our deadline and submitted a plan for removal of the dirt. 


Sandham stated there was a violation.  There should be a summons issued.  Barile stated it is going to cost him a tremendous amount of money to remove that dirt.  Way more than a penalty from the Municipal Court.


Sandham stated maybe we should issue a summons anyway.  He was in violation.  Braden agreed.


Sandham stated they never finalized the financial reporting policy.  There are two pieces to it.  One is enhancing and spelling out the requirements for reporting.  The second part is taking the section out of the ordinance the Township’s ability to take funds from organizations.  I would like to see a revised ordinance introduced at the next meeting.


Chairwoman Nielson stated she also received an anonymous note at her home during the campaign season.  It was turned over to the police.  I find it unfortunate that folks would resort to that sort of thing.


Meeting adjourned at 11:59 p.m.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.


Respectfully submitted,





Gertrude H. Atkinson, Township Clerk


Last Updated ( Thursday, 12 February 2009 )
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