MTC Special Meeting Minutes 07-07-09 Print E-mail

 

Montville Township Committee Special Meeting

Tuesday, July 7, 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 Vice-Chairman James Sandham, Jr.:  “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”

 

Present:          Committeeman Art Daughtry

                        Committeeman Tim Braden

Vice-Chairman James Sandham, Jr.

           

Absent:            Committeewoman Jean Bader

                        Chairwoman Deborah Nielson

 

Also present:   Frank Bastone, Township Administrator

Martin Murphy, Township Attorney

Adam Brewer, Management Specialist

Gertrude Atkinson, Township Clerk

Maritza Byrne, Open Space Committee Chairperson

 

At 7:26 p.m. – Public Session.

 

Pledge of Allegiance.

 

Prayer by Committeeman Braden.

 

PUBLIC HEARINGS:

 

NO. 1 – 2009 MORRIS COUNTY OPEN SPACE TRUST FUND APPLICATIONS: 

 

            VAN NESS PROPERTY (PORTIONS OF) – BLOCK 32, LOTS 15, 16 & 17

            MARKETPLACE PROPERTY – BLOCK 123, LOTS 19 & 20

 

Vice-Chairman Sandham opened the public hearing.

 

Maritza Byrne, Open Space Committee Chairperson, 63 Two Bridges Road, Towaco, stated this year the Open Space Committee looked at 5 or 6 properties.  We ranked and discussed the properties at subsequent meetings.  After much deliberation, we recommended that two properties be put in for an application this year.  It is not the Open Space Committee’s intention to put economic pressure on the Township Committee, but we feel that because some other towns are not availing themselves of the funds available, and they are not submitting applications, that we can use those facts to our advantage.  Our intention in submitting two applications this year as opposed to one is to try to raise as much money from partnering sources as possible.  To that end, we have identified two properties:

 

The Van Ness property is located at the corner of Jacksonville Road and Indian Lane East.  A portion of the property, Lot 15, is 6.4 acres in the prime aquifer with the remaining lots in the restricted aquifer area.  The property is across Jacksonville Road from Camp Dawson and is comprised of three lots, Block 32, Lots 15, 16 & 17, totaling approximately ten acres in all.  It is zoned R27 aquifer, which would bump it to R43, and it is located in the Highlands Planning Area.  The Township is seeking to acquire eight acres of property for active and passive recreation.  There are two buildings currently on the property, and there would be easements for those buildings.  The Van Ness’ are willing sellers and have been active participants in the process those far.

 

Marketplace at Montville property is located on River Road; just North of Morris County owned property.  It is South of Condurso’s Garden Center.  It is comprised of two lots totaling +/- 35 acres with access available from River Road and Old Changebridge Road.  Crooked Brook, an FW2 stream, runs Southwest across the Southeast corner of the property.

 

The property is currently owned by a developer and has been the subject of numerous use applications in the recent past.  Because of the development pressure and the traffic in this area, we feel it is a viable property for acquisition at this time.  The Open Space Committee seeks to put in an application to use Marketplace at this time to use in its entirely for active or passive recreation.  The owners are willing sellers who have been working with the Township thus far in moving the application forward.

 

The Open Space Committee respectfully requests that the Township Committee submit two applications this year with the thought that we would be looking to raise the large percentage of the acquisition dollars from partnering sources. 

 

Hearing no further comments, Vice-Chairman Sandham closed the public hearing.  Motion:  Daughtry.  Second:  Braden.  All in favor except Bader and Nielson - absent.  Motion approved.

 

Endorse and approve the Open Space Committee’s recommendations and submit the two applications for these properties.  Motion:  Daughtry.  Second:  Braden.  All in favor except Bader and Nielson – absent.  Motion approved.

 

Frank Bastone, Township Administrator, stated Morris County Open Space only requires one appraisal to establish value for the application.  Green Acres requires two; however, there is currently no Green Acres money available to use for these projects.  We felt there is no need to spend money on a second appraisal until such time we know there is Green Acres money available and we make application.

 

He stated the recommendation is to contract with Landmark for both appraisals.  Landmark is the low quote on the Van Ness property and is the second lowest quote on the Marketplace property.  We have worked with Mr. Cooper in the past, and he is very good to work with.  Also, he has a better timeframe than the low bidder on Marketplace.  If we were to do a second appraisal, then I think we would look at the second appraiser – if we were going ahead with Green Acres.

 

The Van Ness property - access for the house in the rear of the property.  That lot extends from the back of the subject property all the way to the street and basically land locks Lot 17.  We would have to address that issue so we didn’t have a land locked piece of property we didn’t have access to from the other portion of the Van Ness property we were to acquire.

 

Marketplace property – there are significant wetlands.  There is an LOI that expired less than a year ago.  We are going to contact the owner and ask him to contact the NJDEP to request a one-time extension on the LOI.  We talked to one of the principals today, and he is in agreement to make that request to the DEP.

 

Vice-Chairman Sandham stated the person we are going with on the appraisals is not the lowest bidder on the total between the two.  He is the lowest bidder on one of them.  We have used him before?  Have we had issues with the other one – Goldberg?  Bastone answered I don’t believe we ever dealt with Goldberg.  I would be more comfortable trying out someone we haven’t used before on a second appraisal for Green Acres.

 

Sandham stated all right. 

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION SUPPORTING THE FILING OF APPLICATION FOR THE OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND OF THE COUNTY OF MORRIS:

 

                WHEREAS, the Township Committee of the Township of Montville, has conducted a public hearing on July 7, 2009, to consider the filing of an application with the Morris County Open Space and Farmland Preservation Trust Fund, to consider seeking funding for the acquisition of:

 

            · The Van Ness Property (portions of), Block 32, Lots 15, 16, and 17; and

 

            WHEREAS, the Township Committee of the Township of Montville supports the acquisition of this property for open space and preservation purposes.

 

            NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris, State of New Jersey, that the Township Committee supports the acquisition of portions of the Van Ness Property, Block 32, Lots 15, 16, and 17, for open space and preservation purposes, and supports the application to the Open Space and Farmland Preservation Trust Fund of the County of Morris for funding in support of this acquisition.

 

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

 

NO. 2 – RESOLUTION SUPPORTING THE FILING OF APPLICATION FOR THE OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND OF THE COUNTY OF MORRIS:

 

WHEREAS, the Township Committee of the Township of Montville, has conducted a public hearing on July 7, 2009, to consider the filing of an application with the Morris County Open Space and Farmland Preservation Trust Fund, to consider seeking funding for the acquisition of:

           

· The Marketplace Property, Block 123, Lots 19 and 20; and

           

WHEREAS, the Township Committee of the Township of Montville supports the acquisition of this property for open space and preservation purposes.

           

NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris, State of New Jersey, that the Township Committee supports the acquisition of the Marketplace Property, Block 123, Lots 19 and 20, for open space and preservation purposes, and supports the application to the Open Space and Farmland Preservation Trust Fund of the County of Morris for funding in support of this acquisition.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND LANDMARK APPRAISAL, LLC:

 

WHEREAS, there exists the need for appraisal services in connection with the acquisition of Block 32, Lots 15, 16, & 17 in the Township of Montville; and

           

WHEREAS, the maximum amount of the contracts is $3,600; and

           

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

           

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

           

Section 1.      The Mayor and Clerk are hereby authorized and directed to execute an agreement with Landmark Appraisals, LLC for appraisal services in connection with the acquisition of Block 32, Lots 15, 16, & 17 in the Township of Montville for a total amount not to exceed $3,600.00.

           

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

           

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

 

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

 

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND LANDMARK APPRAISAL, LLC:

 

WHEREAS, there exists the need for appraisal services in connection with the acquisition of Block 123, Lots 19, & 20 in the Township of Montville; and

           

WHEREAS, the maximum amount of the contracts is $2,850; and

           

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

           

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

           

Section 1.      The Mayor and Clerk are hereby authorized and directed to execute an agreement with Landmark Appraisals, LLC for appraisal services in connection with the acquisition of Block 123, Lots 19, & 20 in the Township of Montville for a total amount not to exceed $2,850.

           

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

           

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

 

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

 

NO. 5 – RESOLUTION AUTHORIZING THE ABATEMENT OF OVERGROWN GRASS, WEEDS AND SHRUBS AND PROVIDING FOR THE COLLECTION OF COSTS OF ABATEMENT (33 GLENWOOD DRIVE):

 

WHEREAS, the property maintenance enforcement officer has ordered the maintenance and cleanup of property located at 33 Glenwood Drive (Block 15.1, Lot 17), Montville, New Jersey, as a result of its overgrown lawn and bushes; and

           

WHEREAS, the owner of these premises has failed to comply with said order or appeal the order within the period permitted by law; and

           

WHEREAS, the Township is authorized to maintain the property and place the cost of same as a lien upon the land; and

           

WHEREAS, the cost of completing the necessary maintenance has been certified to the Committee as $330.00 for clean-up plus $40.00 for lawn mowing.

           

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 Township officials are hereby authorized to effectuate the cleanup of the premises located at 33 Glenwood Drive (Block 15.1, Lot 17), Montville, New Jersey, as a result of its overgrown lawn and bushes, and an amount of $330.00 for clean-up and $40.00 for lawn mowing is hereby certified as the costs of same; and be it further

           

RESOLVED that the Township Clerk shall present this Resolution to the Tax Collector who shall proceed to collect the foregoing as provided by law.

 

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

 

NO. 6 – RESOLUTION APPROVING MINUTES OF OPEN AND CLOSED SESSION MINUTES – REGULAR MEETING 02-24-09:  Approval of closed session and public session minutes - regular meeting 02-24-09.  Motion:  Braden.  Second:  Daughtry.  All in favor except Bader and Nielson – absent.  Resolution adopted.

 

Meeting adjourned at 7:41 p.m.  Motion:  Daughtry.  Second:  Braden.  All in favor except Bader and Nielson - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 29 July 2009 )
 
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