MTC Meeting Minutes 01-27-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, January 27, 2009, 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

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. 2009-CES-112709 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; Contract Negotiations – T-Mobile; PBA; White Collar; Board of Education lease; Litigation - Stefanelli.

 

Motion:  Sandham.  Second:  Bader.  All in favor.  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 Daughtry.

 

PROMOTION OF PATROLMAN WILLIAM AQUILIO TO THE RANK OF SERGEANT.

 

DISCUSSION ITEMS:

 

NO. 2 – PRESENTATION – RELAY FOR LIFE EVENT:  Kristen Campalino, 34 Margaret Drive, Somerset.  The overnight American Cancer Society event has been approved by the Board of Education.  It will be at the high school June 12 to June 13.  It is a campout-type event.  The police and first aid squad will be there.  They will use the football field, PA system, and lighting.  They have been working with a committee from Montville.  Committeemen Braden and Daughtry are also involved in the event.  Would like the Township Committee to endorse this event so they can seek police and DPW help.

 

Chairman Nielson stated she did meet with Kristen and some of the Campagna residents.  They were concerned about noise in the later evening hours.  We agreed to work with them to have the sound farthest away from them. 

 

Township Committee endorsement of the Relay for Life Event June 12 & 13, 2009.  Motion:  Braden.  Second:  Daughtry.  Discussion:  Daughtry asked about the financial reporting requirement.

 

Frank Bastone, Township Administrator, stated we have to add this event to the Township endorsed events resolution.  Martin Murphy, Township Attorney, agreed.  All in favor.  Motion approved.

 

Nielson stated the event is held rain or shine.  If there is heavy rain, it is moved into the gym.

 

NO. 3 – PRESENTATION – RENEWABLE ENERGY:  Sergio Angione, 2, Cammeyer Court, Towaco, Environmental Commission, stated this is a company trying to setup solar panels at different facilities in town starting with the high school.  The Board of Education is exploring their options.  Michael Jarvis, President; Judith Rifkin, Vice-President; and Matthew McMahel, Manager; present from Greenpower NJ. 

 

Powerpoint presentation – goals, no upfront capital investment, and solar technology is simple.  Greenpower would be the project manager – provide investors, do the maintenance and the monitoring.  Sell electricity to the Township for a rate lower than the current electricity.  The price depends on if it is a roof mount or a ground mount.  Proposing an open field.  Displayed aerial picture of the high school and the type of solar tracking system they are recommending.  They move to capture more of the sun’s light.  They would supply the fence and a monitoring system.  This would also be a wonderful teaching situation for the school. 

 

Handouts of two proposals.  The system is owned by the investors.  Rifkin described the two financial models.  Discussion regarding acreage, etc.  Once the acreage used is decided, they design the project.  Greenpower covers the cost of maintenance and operations as long as they own it.  Lifespan of the panels – there are ones in operation that are over 35 years old.  Discussion – insurance issues, are there other Township building roofs that would fit into this. 

 

Greenpower will be presenting to the Board of Education.  Committeeman Daughtry suggested they ask the Board of Education about the 86 River Road building.  Nielson thanked Greenpower and the Environmental Commission.  She stated they will discuss this further with Mr. Bastone.

 

NO. 3 – ANIMAL SHELTER:  Bastone state they met with an architect.  He distributed a proposal.  The ordinance for some funding is on for public hearing tonight. 

 

Anthony Barile, Township Engineer, stated there are minimal site costs.  They have to speak to Tom Mazzaccaro about water and sewer connections.  They will use the parking area that is there.  They may have to expand it a little bit.  Do not have a cost estimate yet.

 

Daughtry stated knowing that the Montville Pet Parents and others in town are going to step forward, I think we are close enough that we can move forward.  If the Township is willing to commit the $250,000 – if not, that is another study.

 

Committeeman Braden asked if the Township can act as the general contractor and sub-out portions of the project that are not being done by volunteers. 

 

Murphy stated we have to do it carefully.  Bastone stated we can separately bid out components of the project.

 

Nielson stated she needs a cost estimate – site costs, lighting, fencing, signs. 

 

Braden asked the Administrator if he is working up a contribution number from the four towns.  Bastone stated we have conceptual commitment from 3 of the 4 towns.  Daughtry suggested giving them a number.  Bastone stated by the next meeting, he will generate the letters based on their usage, population, etc.

 

Sue Goldblatt, Montville Pet Parents, asked if she could have the numbers from the architect.  Bastone answered yes.

 

Goldblatt stated on some of the grants, they want more details.  We also have a lot people in the community waiting for the Township Committee to make a decision.  They don’t want to move forward until they actually see a commitment.  We have $40,000 today.  There is probably $110,000 out there.  Nielson asked her to get that breakdown to Mr. Bastone.

 

Sandham stated we have a bond ordinance on tonight.  If we pass it, we are committing. 

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 – ORDINANCE NO. 2009-01 CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (NJSA 40A:4-45.14):

 

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

 

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

NO. 2 – ORDINANCE NO. 2009-02 AMENDING CHAPTER 12.16 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROHIBITING THE DUMPING OR PLACING OF SNOW ON STREETS OR ROADWAYS:

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  Motion:  Bader.  Second:  Braden.  All in favor.  Motion approved.

 

Discussion:  Sandham asked about the penalty. 

 

Martin Murphy, Township Attorney, stated it is the general penalty we have for all other ordinance violations.  Bastone stated there is no warning provision in the ordinance.

 

Daughtry asked what prompted this.  Bastone stated there is no ordinance specifically regarding prohibiting the placing of snow on streets. 

 

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

 

NO. 3 – BOND ORDINANCE NO. 2009-03 PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $230,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $218,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Bastone stated this is for two projects:  $200,000 for new lighting at the municipal fields for which we are being reimbursed by Montville Baseball/Softball Association for $100,000, and $30,000 for a steel building for a new animal shelter to be located at 7 Church Lane.

 

Steve Sammit, 2 Ridge Drive, Montville, asked if the cost is $200,000, and you are floating $100,000.  Vanderhoof stated we have to fund it up front.  When we receive the $100,000 back from the MBSA, we will pay down the debt.

 

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

 

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

 

NO. 4 – ORDINANCE NO. 2009-04 AMENDING CHAPTER 12.40 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING A FINANCIAL DISCLOSURE POLICY FOR ORGANIZATIONS DESIRING TO UTILIZE TOWNSHIP OWNED PROPERTY:

 

Chairwoman Nielson opened the public hearing.

 

Christina Renfer, President, Towaco Civic Association, P.O. Box 234, Towaco, stated they were not properly notified of this ordinance.  We are a nonprofit civic organization.  96% of our members are taxpayers and residents of the Township.  We feel a little sad about the fact that we are only allowed on Township property under this ordinance only by providing our financial statements.  We are not a recreation organization.  We use Camp Dawson, and only for the cleanup and the picnic.  The TCA picnic is a free event for all residents in the town.  Why do you need this information?  Why can a private individual or business have an event, and they can charge people and don’t have to submit, and nonprofits that have events for free have to submit?

 

Murphy stated we had an ordinance that dealt with recreation uses of our property.  It was determined by the governing body and previous governing bodies that if organizations were going to use our property, they would be held to the same financial reporting standards.  I don’t think the road cleanup applies to this.  The picnic would be – that is the use of municipal property.

 

Daughtry offered to go the next TCA meeting and explain it.

 

Renfer stated private entities can rent Camp Dawson and they can use it.  A nonprofit can’t use it, not charging people, unless they submit?

 

Murphy stated all we are asking for is that you comply, and you don’t get charged to use it.

 

Renfer stated they have a Board of Trustees, and we are complying with all Federal and State laws.  Why do we have to do this?

 

Braden stated I think you will understand just from picking up the newspaper any day - charitable organizations – people taking money, etc.  Not that I think this of the TCA at all.

 

Sandham stated personally, I want to see that they maintain their 501C or 501C4 status.  If they are filing that with the IRS, I don’t see a problem with submitting that form to the Township’s Chief Financial Officer.  I don’t see a problem with that.

 

Renfer stated it is a problem because it is unconstitutional to keep someone away from a property.  Murphy stated it is not unconstitutional.

 

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

 

Sandham stated he passed out a draft set of financial statements.  This is from another charitable organization.  We can finalize this and organizations can use this or submit a copy of their Form 990.  We did get a list of organizations that use Township facilities.  The only exception may be the VFW – they lease the building.  Murphy stated it is a statute that anyone who leases – nonprofit – they have to provide certain information.  Sandham requested a list of anyone who leases property to see what the requirements are.

 

Vanderhoof explained what some of the other organizations submit:  Form 990, treasurer’s reports, balance sheets, financial statements, etc.  Sandham stated there is no extra reporting.  They can just submit what they are required to submit.  It can be on their fiscal year.

 

Vanderhoof stated those letters will be going out with the next week.

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported the Community Development application was submitted for the handicapped accessible doors at the library – approximately $40,000.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Vanderhoof reported they do have a contribution of $25,000 toward the animal shelter from a private citizen.  It is to be used for cats.

 

NO. 4 – ENGINEER:  Barile reported that the two soil movement applications have been deemed complete – Ptaszek and Stefanelli.  Steven Schepis is the attorney for both.  He has raised the question with the clerk if we want extended notice.  Barile suggested the notice for the Board of Adjustment application on Ptaszek. 

 

Nielson requested on Ptaszek that the Valhalla Civic Association be given a courtesy notice.  Also notice whoever was noticed on the Board of Adjustment application and put it on the Township’s website. 

 

Barile recommended the 200’ on the Stefanelli application.

 

Barile reported the traffic signal at Route 202 and Whitehall Road was activated last week.  The County is still trying to work out the bugs on that – trying to improve the traffic flow on Route 202.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Gina Wertenberg, 15 Old Lane, Towaco, spoke about the town’s ordinance regarding impervious coverage, RSIS, stormwater ordinances, and the Board of Adjustment’s recent actions.  She stated she is requesting clarifications be made in the town’s stormwater and impervious coverage ordinances.  Last Friday, they had a trial in Morristown regarding variances at 10 Old Lane.  They argued that retaining walls should not be included in the calculations for impervious coverage.  Our neighbors and us have already been having extensive problems with excess runoff, underground water, etc.  We hired an expert.  He found errors in the town’s consultant engineer’s calculations.  This was presented to the Board of Adjustment in writing.  Everything is documented in a 28-page factual report.  The Board chose to reject and ignore our expert’s report.  The judge ruled that they are entitled to the variances requested and remanded the case back to the Board of Adjustment.  He did feel the RSIS were applicable and that an issue does exist as to whether they were complied with.  Now we have to start all over again.  Three things concern us: 

 

1)         We think it is unconscionable that we have to absorb the extremely high legal and engineering expense that we incurred to protect our interests and to insure that the town was conforming to its own ordinances.

2)         There is major ambiguity as to whether retaining walls should be included in impervious calculations.

3)         We are very concerned with the quality of the town engineer’s work and the careless and cavalier attitude of the Board of Adjustment in not conforming to the Township’s own ordinances as it applies to RSIS stormwater management.  They said they did not have to comply with your ordinances.  

 

It is outrageous and unfair that we had to spend so much time and money to protect our property from excessive runoff.

 

The engineer was the consultant hired by the Board of Adjustment, Mr. Huelsebusch.  It is not the Township Engineer.

 

Daughtry stated Mr. Huelsebusch prepares a report and he either agrees or disagrees.  Your expert’s report – did the BOA address the issues that were raised?  Wertenberg stated they ignored the report.

 

Nielson stated if the Township Committee is interested, we should get transcripts of the hearings.

 

Murphy stated the Board of Adjustment is an independent quasi-judicial body.  We don’t have jurisdiction.  We can deal with our own ordinances and how they are constructed.  We can change our ordinances to bring them into compliance if something is wrong.

 

Murphy stated you can get the transcript and the report and take a look at the way the ordinance is being interpreted.  You can legislatively do that.

 

Bill MacStudy, 14 Eagle Drive, Towaco, spoke about the empty house at the end of South Abbott Road.  There were people squatting in there last Saturday.  Can the house be knocked down?  The police use the house for training.  House is on Township’s open space property.

 

Nielson stated there were discussions about demolishing the house.  Bastone stated we should take the house down.

 

Hearing no one further, Chairwoman Nielson closed the public portion.  Motion:  Sandham.  Second:  Braden.  All in favor. 

 

DISCUSSION ITEMS:

 

NO. 6 – EVERY DROP COUNTS WATER EDUCATION PROGRAM:  Bastone reported he and Susan Marinello have had a number of discussions about this trying to get the budget in line.  I received information from a PTC earlier this evening.  Why don’t we just do grades 4, 5, and 6? 

 

Susan Marinello, Coordinator, Every Drop Counts, stated we did that two years ago and your water consumption jumped.  This proposal is based on keeping the younger grades because that seems to be a key component in the conservation message.  The Board of Education only pays for the buses. 

 

Braden asked about grants.  Marinello stated Adam Brewer has pursued grants, but he has been told that government programs are not being funded.  Bastone will have Mr. Brewer get the Township Committee the grants that have been looked into.

 

Braden stated if you did what you are doing now, but did it every other year, you would get to every child in the school system.  Have you considered that?

 

Marinello stated I do proposals that are asked of me by the Administrator and Water & Sewer.  She went through a short history of each years’ programs, changes in water usage, the field trips, teachers, and supplies.

 

Sandham stated this was an award-winning program at the State level.  It seems to me that there has to be State funds available to support this project.

 

Mazzaccaro stated this program does work, if you look at my charts.  Yes, it does cost money.

 

Bastone stated if we broke down the components of the program – teachers, supplies - so we can see what we are spending and priorities, would that help?  Marinello stated that is what she used to do.  I was asked to do it this way.  I guess we can do that.

 

Mazzaccaro stated do you feel like this program is worthwhile?  Do you want to go ahead with the program?

 

Daughtry asked what would happen if the program ran only in even-numbered years?  Marinello stated then it gets harder each year to negotiate coming back.

 

Bastone suggested getting the components of the program and decide what we want to do as far as funding.  Marinello stated we just need to know if you want to continue the program – we are getting behind.

 

Nielson stated we need to be creative.  I think the program is a good one.  As Sue stated, the goal is to reduce water consumption.  This is an educational program that is very worthwhile, but maybe we need to look at other ways to reduce water consumption – ordinances, etc.  There is an educational component and other water conservation items. Our State aid was reduced – we need to make tough choices this year.

 

Daughtry stated with the first and sixth grades out, it would be the same budget as 2008 - $49,500.  I would like to see how the $49,500 is broken out at some point.  Nielson suggested looking into corporate sponsorships.

 

Bastone stated we will look at the components of the program.  Nielson requested an update within the next two weeks.

 

Mazzaccaro asked if there was consensus to continue the program.  Bastone stated I think the consensus is to continue the program.  Mazzaccaro stated it works from two points of view – it does conserve water and it educates the kids.  It does get through to the parents.  I do know things change.

 

Bastone said they would look at the components.  Marinello said thanks for everything.

 

NO. 4 – PSE&G INTERVENTION:  Bastone stated we have a form letter that was drafted for us to request an extension on the Township’s behalf by the BPU to respond to the petition filed by PSE&G.  I would suggest all the towns do this letter.  There is a meeting here tomorrow night of the coalition.  They are going to be talking about issuing this request as a group.

 

Motion to submit letter:  Sandham.  Second:  Braden.  All in favor.  Motion approved.

 

NO. 5 – VEHICLE USAGE POLICY:  Bastone stated he is compiling a list of employees who are authorized to take Township vehicles home.  He has consulted with Mr. Murphy.  They can talk about the policy issue publicly.  If they start talking about individuals, it becomes a personnel issue, and they would need Rice notices if it were going to be talked about in closed session.

 

Nielson asked if he could suggest a policy.  Bastone stated he will put together a list of employees, etc. 

 

NO. 7 – SUMMER MEETING SCHEDULE:  Township Committee agreed to cancel the July 14 and August 25, 2009, meetings.

 

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2009-CA3:  Motion:  Sandham.  Second:  Bader.  All in favor.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE EXECUTION OF DEED OF CONSERVATION RESTRICTION FOR PROPERTIES PURCHASED THROUGH THE ENVIRONMENTAL INFRASTRUCTURE FINANCING PROGRAM (ROBBINS-MONTVILLE CENTER – BLOCK 138, LOT 12):

 

WHEREAS, the Township of Montville is the owner of real property purchased with financial assistance from the State of New Jersey Department of Environmental Protection through the Environmental Infrastructure Financing Program known as:

 

                        Block 138, Lot 12 (Robbins-Montville Center)

                                                           

            WHEREAS, as a condition of this financial assistance the Township agreed to convey to the State of New Jersey Department of Environmental Protection and impose upon the property permanent conservation restriction and easements designed to protect and preserve the surface and groundwater quality and quantity and other conservation values of the property in perpetuity.

           

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 Mayor and Township Clerk are hereby authorized to execute a “Deed of Conservation Restriction For Properties Purchased Through the Environmental Infrastructure Financing Program” for the following property:  Block 138, Lot 12 (Robbins-Montville Center).

 

CONSENT AGENDA ITEM B – RESOLUTION APPROVING REFUND OF TAXES – TAX APPEALS 2008:

 

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

 

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

 

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

                                        

Block 3 Lot 58.1

Caso, Loren & Diane

1 Briarcliff Road                                                                           $24,327.39

 

Block 1 Lot 11.65

Michael I Schneck,                                                        

Trustee for Sommer, Goldie C

1 Patrick Court                                                                           $ 2,712.35  

 

CONSENT AGENDA ITEM C – RESOLUTION APPROVING REFUND OF TAX OVERPAYMENT 2008 – DUPLICATE PAYMENT:  Block 49, Lot 23, Gruben, Brian & Sharon, 8 Highland Avenue, $534.49.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE CANCELLATION OF TAXES FOR 2008 – BLOCK 178, LOT 1: 

 

WHEREAS, a tax bill was incorrectly generated for the tax bill 2008 for property known as Block 178, Lot 1; and

           

WHEREAS, it is the recommendation of the Tax Collector that the taxes be canceled.

           

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 taxes on the following property are hereby canceled:

 

Block               Lot                   Owner Name                                                              Total

178                  1                      Gardenview Office Corp. c/o G. Simeone                      $103.64

CONSENT AGENDA ITEM E – RESOLUTION CANCELING THE AWARD OF VEHICLE:

 

WHEREAS, Garden State Auto was the low bidder on a 1998 Ford Taurus four door sedan at the public auction; and

 

            WHEREAS, Garden State Auto has defaulted on the Township’s bid specification to remove the vehicle from Township property within ten (10) working days after the award of sale.

           

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 sale of the 1998 Ford Taurus four-door sedan to Garden State Auto is hereby canceled.

 

CONSENT AGENDA ITEM F – RESOLUTION APPROVING 2009 LIMOUSINE OWNER’S AND DRIVER’S LICENSE – JOSEPH LASPINA, CHANGEBRIDGE SEDAN SERVICE, LLC.

 

CONSENT AGENDA ITEM G – RESOLUTION APPROVING 2009 LIMOUSINE OWNER’S AND THREE DRIVERS’ LICENSES TO ANTHONY ACCARIA, ACCARIA LIMO, INC.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING EXECUTION OF THE CONSENT DECREE FOR THE SETTLEMENT WITH GOVERNMENT PLAINTIFFS IN THE CONSOLIDATED ACTIONS ENTITLED UNITED STATES OF AMERICA V. BECKMAN COULTER, ET ALS. AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, V. AMERICAN THERMOPLASTICS CORP., ET ALS.

 

CONSENT AGENDA ITEM I – ACCEPTANCE OF RESIGNATION OF MAGGIE NELLIGAN FROM THE RESIDENTS WITH DISABILITIES ADVISORY COMMITTEE:  With regrets.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING PARTICIPATION IN THE PARIS GRANTS PROGRAM:

 

Be it resolved by the Mayor and Council of the Township of Montville, THAT:

 

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (Paris) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

 

WHEREAS, a top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

 

WHEREAS, in the 2009-10 grant cycle, priority funding will be given to county projects to perform municipal imaging for all of their municipalities; and

 

WHEREAS, the Township of Montville desires to collaborate with the COUNTY OF MORRIS in the performance of IMAGING business critical records; and

 

WHEREAS, the Township of Montville is acknowledging that their eligible funding of $40,000 will be leveraged with THE COUNTY OF MORRIS; and

 

WHEREAS, the Township of Montville is acknowledging that the COUNTY OF MORRIS would be both the lead agency and the applicant for such a proposal; and

 

NOW, therefore, be it resolved by the Mayor and Council of the Township of Montville, that the Township of Montville does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

 

CONSENT AGENDA ITEM K – RESOLUTION SUPPORTING THE MAYOR’S WELLNESS CAMPAIGN:

 

Whereas, Across New Jersey, communities are facing a rise in health care costs, and

 

Whereas,  Physical activity levels have been decreasing and obesity rates increasing, and

 

Whereas, Local leaders are looking for ways to promote active living, healthy eating, and overall wellness in their communities, and

 

Whereas,  The Mayors Wellness Campaign works with Mayors and key leaders to shape healthier lifestyles for the men, women and children in their communities, and

 

Whereas,  Communities can work towards the goal of healthier citizens and lower health care costs by championing practices and programs that promote active living, and

 

Whereas, The Mayors Wellness Campaign will work to implement a comprehensive program of outreach, education and technical assistance activities to combat obesity and inactivity issues for Montville Township, now therefore be it

 

Resolved, by the Township Committee of the municipality of Montville Township, New Jersey, ask that all residents of this community join us in supporting the Mayors Wellness Campaign, and be it further

 

Resolved, That we encourage the residents of Montville Township to participate in the Mayors Wellness Campaign activities to promote exercise, eating properly and living healthier and better lives.

 

CONSENT AGENDA ITEM L – PROCLAMATION 2009 NATIONAL WEAR RED DAY FOR WOMEN:  February 13, 2009.  American Heart Association.  February is designated as American Hearth Month.

 

RESOLUTIONS:

NO. 1 – RESOLUTION AUTHORIZING CHANGER ORDER AND FINAL PAYMENT TO RAY PALMER ASSOCIATES FOR THE JOTHAM ROAD PRV FACILITY PROJECT:

 

WHEREAS, Ray Palmer Associates is the contractor for the Jotham Road PRV Facility Project (Contract 2008.11); and

 

WHEREAS, it has been determined that changes to this Contract are necessary due to extra work being performed; and

           

WHEREAS, Ray Palmer Associates has submitted a change order for a change to the total contract price of $7,492.25; and

           

WHEREAS, the Sewer Consulting Engineer has issued a certification justifying the performance of the work that necessitated the issuance of the change order and explaining that additional excavation, pipe work and related materials in connection with increased depth of the valve chamber necessitated by unanticipated subsurface conditions justified the change order; and

 

WHEREAS, an amendment to the contract is necessary to increase the contract amount to $36,192.25 based upon this change order; and

 

WHEREAS, Ray Palmer Associates has posted the required Maintenance Bond and filed the Affidavit of Release of Claims.

 

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:

 

ORIGINAL CONTRACT AMOUNT

$28,700.00

CHANGE ORDER

$  7,492.25

TOTAL CONTRACT AMOUNT

$36,192.25

 

; and be it further

            RESOLVED that the contract between the Township of Montville and Ray Palmer Associates for the Jotham Road PRV Facility Project is hereby amended to reflect an increased contract price of $36,192.25; and be it further

           

RESOLVED that the Township of Montville accepts as final the Jotham Road PRV Facility Project and releases to Ray Palmer Associates final payment in full; and be it further

 

RESOLVED that the Township of Montville accepts Maintenance Bond No. 18953M issued by United States Surety Company in the amount of $2,870.00 for a one-year period.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE RESTORATION OF THE HENRY DOREMUS HOUSE PROJECT AND FINAL PAYMENT FO L.G. II CO., INC. CONSTRUCTION:

 

WHEREAS, L.G. II Co., Inc. Construction is the contractor for the Restoration of the Henry Doremus House Project; and

           

WHEREAS, Anthony P. Barile, Jr., the Township Engineer, has recommended that the Restoration of the Henry Doremus House Project be accepted by the Township and that final payment be made; and

           

WHEREAS, L.G. II Co., Inc. Construction has posted the required Maintenance Bond and filed the Affidavit of Release of Claims.

           

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 accepts as final the Restoration of the Henry Doremus House Project and releases to L.G. II Co., Inc. Construction final payment in full; and be it further

           

RESOLVED that the Township of Montville accepts Maintenance Bond No. 0754MB issued by American Contractors Insurance Indemnity Company for a one year period.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR REIMBURSEMENT OF FIELD LIGHTING EXPENDITURES BETWEEN THE TOWNSHIP OF MONTVILLE AND THE MONTVILLE BASEBALL/SOFTBALL ASSOCIATION AND AUTHORIZING THE ADVERTISING FOR BIDS:

 

WHEREAS, the Township of Montville is the owner of property described as 86 River Road located in the Township of Montville; and

           

WHEREAS, certain recreational facilities, including baseball/softball fields, are located on the property; and

           

WHEREAS, Montville Baseball/Softball Association is a not for profit corporation and currently leases a portion of the property from the Township; and

           

WHEREAS, Montville Baseball/Softball Association and the Township agree that the fields located on the property should be improved by the installation of field lighting; and

           

WHEREAS, Montville Baseball/Softball Association has agreed to equally share with the Township the costs of the field lighting improvements subject to certain terms and conditions set forth in an Agreement for Reimbursement of Field Lighting Expenditures attached hereto.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Agreement for Reimbursement of Field Lighting Expenditures between the Township of Montville and the Montville Baseball/Softball Association in the form attached hereto; and be it further

           

RESOLVED that the appropriate municipal officials are hereby authorized to advertise and otherwise solicit bids from qualified contractors for the field lighting project, subject to receipt of all necessary permits.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE FILING OF AN APPEARANCE “IN THE MATTER OF THE PETITION OF PUBLIC SERVICE ELECTRIC AND GAS COMPANY FOR A DETERMINATION PURSUANT TO THE PROVISIONS OF NJSA 40:55D-19”:

 

WHEREAS, Public Service Electric and Gas Company (“PSE&G”) filed a Petition with the New Jersey Board of Public Utilities for a determination pursuant to N.J.S.A. 40:55D-19 under BPU Docket No. EM09010035; and

           

WHEREAS, the Township of Montville was served with this Petition as an interested party; and

           

WHEREAS, the Petition requests approval for the construction of transmission lines along the PSE&G right-of-way and further requests a determination that the Township of Montville and other municipalities shall have no role in the review of this project; and

           

WHEREAS, the Township Committee of the Township of Montville deems it important for the Township to remain involved in the proceedings pursuant to the filing of this Petition.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to file an appearance and any other appropriate responses to the Petition filed by Public Service Electric and Gas Company with the Board of Public Utilities under BPU Docket No. EM09010035.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE ADVERTISING OF BIDS FOR THE SALT STORAGE BUILDING:

 

WHEREAS, the Township Committee has determined that it is appropriate to solicit bids for the salt storage building project, the design of which has been reviewed and approved; and

           

WHEREAS, it is necessary to advertise for the solicitation for bids.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to advertise and otherwise solicit bids from qualified contractors for the salt storage building.

 

Motion:  Bader.  Second:  Braden.  Discussion:  Sandham stated he sent Tony Barile the literature on the fabric buildings.  Barile stated they are working up prices for us.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS:

 

WHEREAS, various 2008 bills have been presented for payment this year, which bills were not covered and/or recorded at the time of transfers between the Budget Appropriations in the last two months of 2008, and

 

            WHEREAS, N. J. S. 40A-4-49 provides that al unexpended balances carried forward after the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that the transfers in the amount of $57,476.74 be made between the 2008 Budget Appropriation Reserves as follows:

 

                                                FROM                             TO                                          

Police Salaries & Wages      $57,476.74

Traffic Signals                                                                        $     100.00

Roads, Snow Removal                                             $39,177.00

Police, Vehicle Repair                                                 $  5,699.74

Senior Services                                                        $     200.00

Street Lights                                                              $     500.00

Roads, S & W                                                             $  7,800.00

Facilities, S & W                                                        $  4,000.00

 

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

 

NO. 7 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES – REGULAR MEETINGS 10-14-08 AND 10-28-08:  Approval of closed session and public session minutes - regular meetings 10-14-08 AND 10-28-08.  Motion:  Braden.  Second:  Bader.  All in favor.  Resolution adopted.

 

NO. 8 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS NOT YET RELEASED FROM VARIOUS MEETINGS OF 2008 INCLUDING REGULAR MEETINGS OF 10-14-08 AND 10-28-08:  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

 

Review/Release MTC Meeting 01/27/09

 

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

 

10/14/08

01/22/08

08/12/08

07/22/08

08/12/08

10/14/08

 

01/27/09

02/26/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

 

Tipcor property acquisition

01/08/08

04/08/08

05/13/08

03/25/08

05/27/08

06/10/08

 

 

10/28/08

01/22/08

05/13/08

08/12/08

04/22/08

08/12/08

07/22/08

 

 

01/27/09

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

07/22/08

09/09/08

10/14/08

01/27/09

 

Potential Litigation – Lt. David Johnson

07/08/08

 

 

 

10/14/08

07/22/08

 

 

 

01/27/09

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

All

Lotta Lettuce litigation

01/08/08

01/22/08

09/09/08

09/23/08

 

10/28/08

01/22/08

02/12/08

10/14/08

10/14/08

 

01/27/09

02/26/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

02/26/08

 

Animal Control Contracts – Contract negotiations

01/22/08

 

 

 

 

 

10/28/08

02/12/08

 

 

 

 

 

01/27/09

02/26/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

 

Blue Collar Union – Contract negotiations

01/22/08

02/26/08

04/22/08

05/27/08

09/09/08

 

 

10/14/08

02/12/08

05/13/08

05/27/08

08/12/08

10/14/08

 

 

01/27/09

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

 

Attorney-client privilege – local public contract law exemptions

02/12/08

03/25/08

05/13/08

05/27/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

Labor Counsel – terminal leave issues

02/12/08

03/25/08

 

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

Contract Negotiations – Ambulance contract

04/08/08

 

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

Contract Negotiations – First Aid Squad

03/25/08

04/22/08

05/13/08

05/27/08

06/10/08

07/08/08

08/12/08

05/27/08

05/27/08

08/12/08

08/12/08

07/22/08

07/22/08

09/09/08

05/27/08

05/27/08

08/12/08

08/12/08

07/22/08

07/22/08

09/09/08

10/14/08

01/27/09

01/27/09

All

Litigation – Woodmont Builders/Sewers

05/13/08

07/22/08

08/12/08

 

10/14/08

08/12/08

08/12/08

09/09/08

 

01/27/09

08/12/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

All to 10/14/08

Contract Negotiations – PBA

07/08/08

07/22/08

09/09/08

 

10/14/08

10/28/08

07/22/08

08/12/08

09/09/08

 

01/27/09

01/27/09

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

Contract Negotiations – BOE – 86 River Road

07/08/08

08/12/08

09/09/08

09/23/08

10/14/08

10/28/08

07/22/08

09/09/08

10/14/08

10/14/08

01/27/09

01/27/09

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

 

Attorney-Client Privilege – Sidewalk Liability

06/10/08

07/22/08

07/22/08

08/12/08

09/09/08

10/14/08

01/27/09

01/27/09

Property sale – portion of Old Bloomfield Avenue

10/14/08

01/27/09

01/27/09

 

 

Motion:  Sandham.  Second:  Bader.  All in favor.  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, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Sandham:  No report.

 

Committeewoman Bader:  No report.

 

Committeeman Braden:  Proposed that someone contact the high school photography department and see if we can get the kids involved in taking pictures for the cover of the Montville Messenger.  Trudy Atkinson will contact them.

 

Braden stated he would like a discussion about the Residents’ With Disabilities Advisory Committee.  They had another resignation.

 

Sandham stated there may be a couple of people who will potentially come on.

 

Committeeman Daughtry:  We made some progress with the open space trust fund with the state.  Bastone stated we received the deeds back.  Murphy stated we finally got the description agreed to.

 

Daughtry stated they need to review the professionals with the ninety-day contracts.  Bastone stated he has the new RFP’s for labor counsel.

 

Daughtry stated they need the new sewer ordinance by April 1. 

 

Daughtry reported on the new Camp Dawson road plans.  The Recreation Commission voted, and they don’t want to permit sleigh riding at Dawson.  People are still going to sleigh ride – this is not going to stop them.  It is going to be up to the Township Committee to accept the recommendation or reject it.  I want a commitment from Tony and Frank about whether or not we are going to be able to build a new road.  Tony stated one month.

 

Daughtry reported on the Historic Preservation Review Commission.  The meeting went reasonably well.  The agenda was submitted.  I reminded them that Fran Vanderhoof needs vouchers sent in for the HPRC – don’t wait until the end of the year.

 

Chairwoman Nielson:  PSE&G – meeting with the other towns tomorrow night here. 

 

Nielson distributed a draft list of items accomplished in 2008 and goals for 2009 and beyond.  She requested the Township Committee review the list.  Bastone requested that when they finalize the list that they prioritize it for him.  Added to the draft – reduce water usage. 

 

Meeting adjourned at 11:26 p.m.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 24 June 2009 )
 
< Prev   Next >
Joomla School Template by Joomlashack