MTC Meeting Minutes 05-26-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, May 26, 2009, 7:00 p.m.

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

 

7:05 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.”

 

Roll call Township Committee:

 

Present:          Committeeman Art Daughtry (arrival 7:07 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

Robert Oostdyk, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2009-CES-052609A 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 – Meadows @ Montville.  Contract negotiations – White Collar contract.  Personnel.  Property acquisition – Dellechiaie; and Morris County Open Space grant application.  Potential litigation - Stefanelli.

 

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

 

At 7:07 p.m. – Closed Session.  At 8:10 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.

 

2009 MUNICIPAL BUDGET PUBLIC HEARING:

 

Frank Bastone, Township Administrator, stated this was a difficult budget year.  There was another $113,000 loss in State aid.  This caused us to make significant cuts in order for the budget to be reasonable for the taxpayers in these difficult economic times.  The direction from the Township Committee was to bring the levy in under 3.5%.  We have a levy of 3.49%.  The tax increase is $60 per home on the average assessed valuation of $332,800.  This budget projects layoffs that we are currently instituting for existing personnel in order to keep the levy under 3.5%.

 

We have not yet received approval from the Department of Community Affairs.  They are currently running two weeks behind.  We need to proceed with the public hearing as it was advertised for this evening.

 

RESOLUTION WAVIER OF READING IN FULL OF 2009 MUNICIPAL BUDGET:

 

            WHEREAS, N.J.S. 40A:4-8 permits that the Budget as advertised may be read by its title providing that at least one week prior to the date of the hearing a complete copy of the approved budget shall

 

a)                 be posted in a public place where public notices are customarily posted and at the free public library, and

 

            b)            is made available to each person requesting the same during said week and during the public hearing, and

 

            WHEREAS, the Township of Montville has complied with the aforesaid requirements.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Governing Body, the reading in full of the 2009 Budget be dispensed with.

 

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

 

PUBLIC HEARING 2009 MUNICIPAL BUDGET:

 

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

 

Adoption of the budget will hopefully be scheduled for next meeting.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  No report.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, informed the Township Committee that they do have a new financial debt payment schedule on the back of their nameplates.  At the bottom, there is the amount of debt that was at the end of 2005.  It was reduced by $12 million.

 

Organizational financial reporting:  Out of 28 organizations, only the Historical Society, Rotary, and the Democratic Club have not yet reported.  Also, she has not heard from the Towaco Jazz & Art Festival Committee.  She does not know if they are still intact. 

 

Township Committee directed Mrs. Vanderhoof to send a certified letter with a copy of the ordinance to these organizations that they must comply by June 8 or the ordinance will be enforced.  She will report back at next meeting.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported the paving of the area of Pine Brook Road in the area 18 sewer project is complete.

 

The lighting at the municipal baseball fields is scheduled to be done tomorrow or Thursday.  He will publicize the final inspection so whoever wants to attend can.

 

Chairwoman Nielson announced the VFW Memorial Day service is Saturday, May 30.  Commander Warholic’s daughter did pass away, and we offer our condolences to him and his family.

 

DISCUSSION ITEMS:

 

NO. 1 – COMMUNITY PARK TURF FIELD LIGHTING – deleted from final agenda.

 

NO. 2 – STIMULUS PROGRAM 2009 – SEWER INTERCEPTOR:  Bastone reported the application is for the relining of our 30-inch sewer interceptor.  Township Committee – ok.

 

NO. 3 – ROAD RESURFACING PROGRAM 2009:  Barile memo 05/12/09.  There is two years’ worth of money available - $511,000.  Some if will be used to continue curb replacement on Konner Avenue.  We are proposing to solicit for bids on our own since the Morris County Co-op is so high.  The roads recommended are the ones most traveled – items 1 – 9. 

 

Committeeman Braden asked if the roads that didn’t make 1 – 9 going to be done next year.  How are they prioritized?  Is there a matrix?

 

Barile stated items 1 – 9 are not prioritized.  Item #10 – Stony Brook Road from Waughaw Road to Brook Valley Road – bituminous surface treatment.  Also, depending on how the numbers come in, they may consider doing the same for Turkey Hill Road. 

 

Nielson stated Deer Hill Road is a short interceptor road.  Why would you do that little connector street there?  Do we do it by concentrations, geographical locations, etc?  Do you inspect the roads and come up with a new list every year?

 

Barile stated yes, they inspect the roads every year, and they come up with a new list every year.  Deer Hill Road is one of the needy roads that will only take a little bit of money.  We look at traffic, conditions.  They don’t really look at geographical location.  They look at where the need is the greatest.

 

Committeeman Daughtry stated maybe one year, say 2011, you could actually target, say $2.5 million, for roads.  That year, you have five times the money you have now to catch up.  Maybe the Township Committee and the Long-Term Financial Planning Committee could approve that concept.

 

Barile stated this is a preliminary list.  Once we have the final bid, we will finalize the list.

 

Township Committee – ok with the preliminary list.

 

NO. 4 – SUSTAINABLE ENERGY JOINT MEETING:  Bastone reported he attended the meeting on May 13.  The cost is $600 to participate in a statewide sustainable energy municipal joint meeting (SEM).  He recommends this.  Township Committee – ok.

 

NO. 5 – OPEN SPACE TAX LEVY:  Bastone reported on the letter received from the Township Attorney dated 5/22/09 addressing the background of the open space levy.  There have been three referendums.  If we want to continue at our current level of .59, we can do it without a referendum.  We should do it by ordinance.  We are authorized up to .7.

 

Robert Oostdyk, Township Attorney, stated they can eliminate the sunset provision by ordinance. 

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:  Chairwoman Nielson opened the public portion.  Hearing no comments, Chairwoman Nielson closed the public portion.  Motion:  Daughtry.  Second:  Bader.  All in favor.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – BOND ORDINANCE NO. 2009-14 PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER UTILITY OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $390,400 THEREFOR AND AUTHORIZING THE ISSUANCE OF $390,400 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 9, 2009, at 8 p.m.  Motion:  Daughtry.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 2 – BOND ORDINANCE NO. 2009-15 PROVIDING FOR VARIOUS IMPROVEMENTS TO THE SEWER UTILITY IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, APPROPRIATING $2,224,800 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,224,800 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 9, 2009, at 8 p.m.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 3 – ORDINANCE NO. 2009-16 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ADOPTING CERTAIN REGULATIONS REQUIRED BY THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION IN CONNECTION WITH THE DEPARTMENT’S WATER QUALITY MANAGEMENT PLANNING RULES:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 9, 2009, at 8 p.m.  Motion:  Bader.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 4 – ORDINANCE NO. 2009-17 AMENDING CHAPTER 12.24 ENTITLED "SOIL MOVEMENT GENERALLY" OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND TRANSFERRING JURISDICTION TO HEAR SOIL MOVEMENT APPLICATIONS TO THE PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 9, 2009, at 8 p.m.  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 5 – ORDINANCE NO. 2009-18 AMENDING CHAPTER 3.12 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “OPEN SPACE DEDICATED TRUST FUND”:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 9, 2009, 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. 2009-CA11:  Motion:  Braden.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – THE HELLER GROUP – BLOCK 135, LOT 5:

 

            WHEREAS, The Heller Group, the developer of property known as Block 135, Lot 5 (191 Changebridge Road) is required to submit a Performance Guarantee to the Township of Montville; and

 

            WHEREAS, The Heller Group has submitted a Performance Guarantee in the form Letter of Credit No. 21605 issued by Columbia Bank in the amount of $57,099.60 and cash in the amount of $6,344.40; and

 

            WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance.

 

            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 Performance Guarantee submitted by The Heller Group in the form of Letter of Credit No. 21605 issued by Columbia Bank in the amount of $57,099.60 and cash in the amount of $6,344.40 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM B – RESOLUTION RELEASING TANDAM ASSOCIATES, INC. – BLOCK 163, LOT 2 – DURYEA PLACE – FROM PERFORMANCE GUARANTEE:

 

WHEREAS, Tandam Associates, Inc., the developer of property known as Block 163, Lot 2 (Duryea Place), has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be released from liability under the Performance Guarantee being held by the Township; and

           

WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and

           

WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer, and

 

WHEREAS, the Township Engineer has recommended the waiver of a maintenance bond because the improvements have been completed for a substantial period of time; and

 

WHEREAS, the developer has presented the deeds for acceptance in conjunction with this development.

 

            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 Performance Guarantee posted by Tandam Associates, Inc. in the form Letter of Credit No. 1053 issued by Greater Community Bank n/k/a Valley National Bank in the amount of $20,579.40 and cash in the amount of $2,286.60 shall be released; and

 

BE IT FURTHER RESOLVED that the maintenance guarantee is hereby waived; and

           

BE IT FURTHER RESOLVED that deeds of conveyance related to this development are hereby accepted.

BE IT FINALLY RESOLVED that Duryea Place hereby accepted as a public street.

 

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

 

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

 

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

 

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

                                              

Block 159 Lot 4

Hill Top Care Center

43 hook Mountain Road                                                   $3,090.00

 

CONSENT AGENDA ITEM D – RESOLUTION APPROVING SOLICITOR’S PERMIT 2009 – FOUAD KAJAKALI – MOBILE ICE CREAM VENDOR.  In conjunction with issuance of food license.

 

CONSENT AGENDA ITEM E – RESOLUTION APPROVING SOLICITOR’S PERMIT 2009 – AMJAD AIZUBI – MOBILE ICE CREAM VENDOR.  In conjunction with issuance of food license.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION OF THE TOWNSHIP OF MONTVILLE MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO NJSA 40A:2-26(e) AND NJSA 58:11B-9(a):

 

WHEREAS, the Township of Montville (the “Township”) desires to make application to the Local Finance Board for:

 

            (a) the approval of the proposed financing through the 2009 New Jersey Environmental Infrastructure Trust Financing Program for improvements to the sewer utility, consisting of the installation of a fiberglass or carbon fiber lining in the sanitary sewer pipe that runs from Stiles Lane to the Riverside Drive sewerage pump station of the Township;

           

            (b) the approval of a non-conforming maturity schedule in connection with such proposed finance.

 

            WHEREAS, Township believes that:

 

(a)            it is in the public interest to accomplish such purpose;

 

(b)            said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the local unit or units;

 

(c)            the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

 

(d)            the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

 

            NOW THEREFORE, BE IT RESOLVED BY TOWNSHIP COMMITTEE AS FOLLOWS:

 

            Section 1.  The application to the Local Finance Board is hereby approved, and the Township’s Bond Counsel, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.

 

            Section 2.  The Clerk of the Township is hereby directed to prepare and file a copy of the proposed ordinance with the Local Finance Board as part of such application.

 

            Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its approval as provided by the applicable New Jersey Statute.

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

 

NO. 2 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Bader.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING THE ADVERTISING OF BIDS FOR THE 2009 ROAD RESURFACING PROJECT:

 

WHEREAS, the Township Committee has determined that it is appropriate to solicit bids for the 2009 Road Resurfacing 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 2009 Road Resurfacing Project.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING SEWER INTERCEPTOR PROJECT – STIMULUS PROGRAM:  Motion:  Bader.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeewoman Bader reported she and Mayor Nielson attended the senior seminar.  It was a wonderful program.  What I did get out of it is that if an elected official does not go to the senior center, they don’t know what is going on.  They are a generation that does not go to the computer for every department.  I thought maybe once a month or once every quarter we could put in hard copy a summary of what is on the website, and then give them, say, fifty copies.  Nielson agreed – they need some sort of communication.

 

Bastone stated they should set up a computer over there with the website up on it.

 

Sandham suggested providing a hard copy of the initial documents used to update the website.

 

Committeeman Braden reported they have organized a softball game between Pequannock and Montville 12-year old girls.  It is deemed a Mayor’s Trophy game.  I need our Mayor to contact the Pequannock Mayor.  It is June 27 following the parade at 1 p.m.

 

Braden asked about the expenditure for poll worker food at the Board of Education election.  There is the Township Clerk’s time and materials, etc.  The BOE has extended the election hours.  Perhaps they should expend funds for poll worker food.  Township Clerk will speak to the BOE about providing food next year.

 

Committeeman Sandham reported he met with Committeeman Daughtry and the Fire Department on the 86 River Road building.  Also, met with Lincoln Park about the animal shelter with Mr. Braden and Mr. Bastone.

 

Committeeman Daughtry reported there was an issue that surfaced with the architectural plans for 86 River Road regarding the roof.  It was straightened out, and as far as I know, everything is on track there.

 

Verizon FIOS – BPU – we are just waiting?  Bastone answered yes, and we are working with DPW to do those two sites.

 

PSE&G – I have already spoken to Jean Bader and Tim Braden - I would like to arrange for our Board of Health Director to meet with Gregory Olson, who works for PSE&G, and Linda Englehart.  These are some of the individuals who have been going to some of our residents’ homes to explain the high lines, EMF measurements, etc.  They do an outstanding job of explaining to our residents the safety aspects.  I will schedule that sometime in mid-June.

 

Animal Shelter – Bastone stated he will be sending the letters out to the other four towns with the numbers and the long-term contracts.

 

Chairwoman Nielson reported she spoke to Jon Alin, BOE President.  They had agreed to a joint meeting on June 23.  Bastone will confirm.  Send in agenda items.

 

New sewer bills – I went to the Water & Sewer Department, and there are three cycles in various parts of town.  Cycle C – the winter months are December – May.  Depending on what cycle you are in, filling your pool in May and irrigating in October, etc. could be an issue.  We need to put something on the website to make it clearer.

 

Bastone will speak to Tom Mazzaccaro about putting something on the bills.  Braden asked why they can’t use one quarter, etc.

 

Daughtry stated have the Water & Sewer Department come back with recommendations on how to deal with this.

 

RESOLUTION NO. 2009-CES-052609B 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 – Morris County Open Space grant application.  Personnel.

 

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

 

At 9:35 p.m. – Closed Session.

 

Meeting adjourned at 10:25 p.m.  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 29 October 2009 )
 
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