MTC Meeting Minutes 05-12-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, May 12, 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 James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson (arrival 7:05 p.m.)

 

Also present:   Frank Bastone, Township Administrator & Acting Township Clerk

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

 

RESOLUTION NO. 2009-CES-051209 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:  Litigation – South Salem Associates; and Glenview Woods; Contract negotiations – Land Conservancy of NJ; Animal Control Agreements; and White Collar.  (Property acquisition – Dellechiaie deleted).

 

Motion:  Braden.  Second:  Bader.  All in favor except Nielson - Absent.  Resolution adopted.

 

COMMUNITY VIDEO SHOWCASE PRESENTATION.  (Public session).

 

At 7:30 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.

 

MICHELLE SULLIVAN FUND PRESENTATION:  John Haugh, Montville Baseball/Softball Association, stated the Township has hosted the Michelle Softball Tournament for the past 11 years.  There were 48 teams this year – 118 games in 50 hours.  This is all in the name and honor of Michelle Sullivan.  He presented a check to the Sullivans for the Michelle Fund for $8,800 from this past weekend’s fundraiser.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported they are working toward a feasibility study for a joint municipal court.  They have met with Lincoln Park, East Hanover, and Pequannock.  They are working with Linda Murphy, Morris County Shared Service Coordinator.  They are in the data collection phase of the process.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported on the Area 18 sewer project road paving.  The streets were completed today.  Thursday some driveway repair will be done.

 

Update on Stefanelli soil movement:  they are arranging for a machine to do the test pits.  It has been going on for a long time.  He will confer with Mr. Murphy to see where we go from here.

 

Field lighting municipal baseball fields:  30% of new conduit has been installed.  The remaining is to be installed Wednesday and Thursday of next week.  That is the last work to be done.  It is underground.

DISCUSSION ITEMS:

 

NO. 1 – OPEN SPACE TAX LEVY:  Bastone reported Mr. Murphy has been researching the background of the previous referendums.  We have a permanent open space tax authorization of 7 cents (the 2 cents plus 5 cents).  We do not need to put any other referendum question on the November ballot to continue the rate we have, which is 5.9 cents.  That is the recommendation of the Long-Term Financial Planning Committee.  We do have to adopt an ordinance to make the current open space tax permanent because the rate that was adopted had a sunset provision in it that we need to correct.  Mr. Murphy will issue a letter explaining all of this.

 

Township Committee discussed that they do have authorization to go up to 7 cents.  An ordinance will keep the 5.9 cents from a sunset at the beginning of 2010.  They agreed to review the rate from time to time.  They discussed do they want a sunset clause in the new ordinance?  Mr. Murphy will get them the ordinance they have used in the past, and they can review it then.

 

NO. 2 – WATER RATES:  Bastone reported they have been talking about giving the LTFPC an opportunity to review water rates, as they reviewed sewer rates last year.  Do we want to give them any parameters; does the base rate warrant increasing, etc? 

 

Committeewoman Bader asked that consideration be afforded to the Chamber of Commerce as it was for sewer rates.

 

Committeeman Daughtry stated he does not feel the base rate should be increased.   I would like to establish a base rate upon fixed capital and administrative costs, similar to the methodology used in the computation of the sewer base rate.  I thought we were trying to develop a model that made senses that could be applied to water and sewer independently.  Lastly, there should be a level of use that should be used as a threshold before the rate/thousand gallons should start escalating.

 

Daughtry spoke about the water and sewer surpluses.  Bastone stated both water and sewer have surpluses; however, we have two issues:  one is we have utility allocation.  In order to take it easy on sewer, the majority of the allocation has been charged to water.  Discussed the allocations.  Starting in 2010, the sewer rate accounts for the full 50% of the allocation.  For the 2010 water rates, we are looking at the utility allocations be split 50/50.

 

Committeeman Sandham stated the water rates should mirror the sewer model they came up with – the mechanisms and process.  If that happens, the flat rate of $5 will change.  Based on the 2010 budget, there is not much of a surplus.  The question is what happened?  It is encumbered on us to ask LTFPC to really scrub the numbers.

 

Chairwoman Nielson stated she agrees with everything except in water it is seasonal.  Also, she wants to encourage conservation.

 

Bastone stated this is for January 2010 so it has to be implemented prior to the end of the year.

 

Township Committee agreed to work to try to have something done by October.  Send to LTFPC.

 

NO. 3 – CAMP DAWSON MASTER PLAN:  Anthony Barile, Township Engineer, stated on April 22 he was there watching the traffic movements.  Based on this, he revised the drop-off area on the plan.  He indicated that the Township Committee has copies of the revised master plan.  He described the new drop-off area and exit driveway.  He spoke to Mrs. Witty, Recreation Director, and she recommended the improvements be made in mid-July to mid-August.  As far as sending it to the State, they do have the plan with the latest changes from two months ago.  These changes are minor.  My recommendation is that we proceed.  

 

Nielson asked if they have to have additional public hearings.  Murphy stated he had written an opinion on it.  He believes they are ok as far as the DEP is concerned.

 

Township Committee agreed with the plan.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:  Seeing no one, Chairwoman Nielson closed the public portion.  Motion:  Bader.  Second:  Braden.  All in favor.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA 2009-CA10:  Motion:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING 2009 NJDOT TRANSPORTATION ENHANCEMENT ARRA (ECONOMIC RECOVERY) PROGRAM APPLICATION FOR THE TOWACO CENTER STREETSCAPE ENHANCEMENT PLAN:

 

WHEREAS, 2009 Local Aid Funds are available through the New Jersey Department of Transportation for the Transportation Enhancement ARRA (Economic Recovery) Program; and

 

            Whereas, the Township Committee of the Township of Montville has identified the Towaco Center Streetscape Enhancement Plan as the Township’s priority project for 2009.

 

            Now, therefore, be it resolved that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, formally approves the grant application for the above stated project.

           

            BE IT FURTHER RESOLVED that the Township Administrator, and Clerk are hereby authorized to submit an electronic grant application identified as TE-ARRA-Montville Township -00099 to the New Jersey Department of Transportation on behalf of the Township of Montville.

 

            BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Montville and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING 2010 NJDOT LOCAL AID APPLICATION FOR THE VREELAND AVENUE & RIVER ROAD IMPROVEMENT PROJECT:

 

WHEREAS, 2010 Local Aid Funds are available through the New Jersey Department of Transportation; and

 

            Whereas, the Township Committee of the Township of Montville has identified the Vreeland Avenue and River Road as the Township’s priority projects for 2009.

 

            Now, therefore, be it resolved that the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, formally approves the grant application for the above stated project.

           

            BE IT FURTHER RESOLVED that the Township Administrator, and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010-Montville Township-00120 to the New Jersey Department of Transportation on behalf of the Township of Montville.

 

            BE IT FURTHER RESOLVED that the Township Administrator and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Montville and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

CONSENT AGENDA ITEM C – RESOLUTION APPROVING OF THE NOMINATION OF THE NICHOLAS VREELAND OUTKITCHEN FOR THE NEW JERSEY AND NATIONAL REGISTERS OF HISTORIC PLACES:

 

WHEREAS, Montville Township is a certified local government in the National Historic Preservation Program; and

            WHEREAS, certified local government regulations require that when historic properties within certified local government municipalities are nominated for listing in the New Jersey and National Registers of Historic Places, the Historic Preservation Office provides an opportunity for the Historic Preservation Commission and Mayor to comment on the nomination; and

           

WHEREAS, the Nicholas Vreeland Outkitchen, 52 Jacksonville Road, Montville Township, has been nominated to the New Jersey and National Registers of Historic Places; and

            WHEREAS, the Township of Montville supports the nomination of the Nicholas Vreeland Outkitchen.

           

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 favorably recommends the nomination of the Nicholas Vreeland Outkitchen for listing in the New Jersey and National Registers of Historic Places.

 

CONSENT AGENDA ITEM D – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES – SPECIAL MEETING 12/16/08; REORGANIZATION MEETING 01/06/09; AND REGULAR MEETING 01/13/09:  Approval of closed session and public session minutes – special meeting 12/16/08; reorganization meeting 01/06/09; and regular meeting 01/13/09.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH MASER CONSULTING, PA:  Environmental consulting – Glenview Woods.

 

WHEREAS, there exists the need for additional environmental consulting services in connection with the Glenview Woods parcel in the Township of Montville as set forth in a proposal dated May 7, 2009; and

           

WHEREAS, the maximum amount of the contract is $17,000.00; 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 Maser Consulting, P.A. for additional environmental consulting services in connection with the Glenview Woods parcel within the Township of Montville for a total amount not to exceed $17,000.00 as set forth in a proposal dated May 7, 2009.

           

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.  Discussion:  Murphy stated this is for Maser to prepare a report for the cost of remediation on the Bonnieview property as part of the litigation that is ongoing.    Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 2 – RESOLUTION AUTHORIZING THE ADVERTISING FOR BIDS FOR THE HOOK MOUNTAIN ROAD PAVING PROJECT:

 

WHEREAS, the Township Committee has determined that it is appropriate to solicit bids for the Hook Mountain Road Paving 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 Hook Mountain Road Paving Project.

 

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

 

NO. 3 – 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:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Sandham reported that in this week’s Neighbor News there is nice article on former Mayor Fred Eckhardt. 

 

Committeewoman Bader – no report.

 

Committeeman Braden requested that the Township recognition Daniel and Beth Longo.  They are an Archway couple and have been involved in various playground projects as well as other community service.  Request that Maryann Witty put together something, and we will honor them with a proclamation.

 

Committeeman Daughtry reported a few of us had a brief meeting at 6 p.m. with representatives of the Fire Commissioners and the Board of Education regarding 86 River Road to be sure that certain parts of this rebuild be done in the best-method approach for the taxpayers.  There was agreement that the BOE will bid as an alternate to put in a complete pitched roof across, along with some alternatives.  They both agreed, and at the same time, concurrently, the fire department is going to put their own bids out.  Then they will compare their bids results and see which is the best price for the type of job we want.  Then we will come to a final decision as to whether there will be two contractors on the roof and the type of roof.  We expect that to take about 45 days from the time they advertise and the time they get the bids back.  I will report back if I wind up as the point person on that. 

 

There was still some confusion on the $70,000 for the asbestos removal.  Deputy Mayor Sandham did point out that we could probably change the wording in the lease to be more definitive on that – the lease between the BOE and the Township.  If we can, we want to put in there that $70,000 is for the entire building.  If it has to go back to Trenton, then we don’t do that and we just write a memorandum of agreement.

 

There was a lot of discussion about a common entrance.  Both parties agreed to the common entrance on the plans dated 05/12/09 tonight.  Those are the two items that they wanted kind of memorialized.  I will leave it to Mr. Bastone – it doesn’t have to be in the actual lease agreement if it is going to have to go for review again.

 

Daughtry stated the attendees at the meeting were:  Fire Department – Berry and Ballentine.  Board of Education – Feaster, Alin, and Grau.  Township Committee – Daughtry and Sandham.

 

Braden asked who will be responsible for the common area – maintenance, lighting, heat, etc.  Daughtry stated they can look at it as something that needs to be resolved or it is something that is usable and acceptable to both sides and they need to work it out.

 

Bastone asked which plans have the renovation of the vestibule in – the fire department or the BOE?  Daughtry stated we have to look at the plans.  Bastone/Daughtry will find out.

 

Daughtry asked as they approach June 1 and July 1, and I hope the Township Committee is still trying to find different approaches/funds to avoid as many layoffs as possible, my question to my colleagues is there some way we can prioritize if we do find funds how we use those funds to save any of these layoffs?

 

Bastone suggested first addressing the July 1 employees, starting with the police officers.  Daughtry stated he agreed.  Bastone stated it would be one officer at a time to start with.  Chief Cook has ranked the police officers. 

 

Daughtry stated he wanted to share something.  Franklin Lakes is $1.5 million over their cap.  They are laying off everybody two days a month for the entire year.  Over the years, their governing body used their surplus to keep their taxes low.  There are two swords here.  We always have to be cognoscente. 

 

Chairwoman Nielson reported they are a certified municipality in the NJ sustainable energy program.  One of the requirements that goes with that is to form a green team.  I am offering to serve on the green team.  We have to come up with 700 points out of a 1,000-point system to maintain our certification.  One of the things we can do is an energy audit.  Mr. Brewer is working on that.  Mr. Bastone will get everyone Mr. Brewer’s memo.

 

Nielson reported on a letter received from someone on Heritage Court regarding brown water that had nothing to do with the hydrant flushing. 

 

Sandham stated Mr. Mazzaccaro had written a memo to them last year regarding brown water.

 

Nielson stated the Montville Messenger is coming up if anyone has any articles of interest.  Daughtry stated he is writing the Township Committee letter.

 

COMMUNITY VIDEO SHOWCASE PRESENTATION:  Continued.

 

Meeting adjourned at 9:30 p.m.  Motion:  Bader.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

 

                                                           

Frank Bastone, Acting Township Clerk

 

Last Updated ( Thursday, 13 August 2009 )
 
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