MTC Meeting Minutes 06-09-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, June 9, 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.”

 

Roll call Township Committee:

 

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

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

Also present:   Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2009-CES-060909 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 Applications. Litigation – Stefanelli.  Contract negotiations – Morris Land Conservancy; and White Collar.  Personnel.  Attorney-Client Privilege.

 

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

 

At 7:00 p.m. – Closed Session.  At 8:02 p.m. – Public Session.

 

Chairwoman Nielson read the Statement of Open Public Meetings Act Compliance again for the record.

 

Prayer led by Committeeman Sandham.

 

PRESENTATION OF FLAG AND PLEDGE OF ALLEGIANCE LED BY CUB SCOUT PACK 66.  In honor of Flag Day.

 

PRESENTATION OF CHECK TO THE ANIMAL SHELTER BY CUB SCOUT PACK 66.  Gail Emery, Animal Control Officer, accepted check.  Sue Goldblatt, Montville Pet Parents, presented the Cub Scouts with a certificate of appreciation.

 

PRESENTATION OF PROCLAMATION TO ANNE CECONI IN RECOGNITION OF HER ATTAINMENT OF THE GIRL SCOUT GOLD AWARD.

 

PRESENTATION OF FRAMED MONTVILLEOPOLY BOARD TO THE TOWNSHIP COMMITTEE BY ALEXI CORHAM:  Alexi thanked the Township Committee for their support of her fundraiser to raise funds to build a library at a school in Kenya.  She presented pictures of the library and the students to the Township Committee.  Funds from the sale of future Montvilleopoly games will go to nonprofit organizations here in Montville or in New Jersey.

 

Chairwoman Nielson announced that she has been contacted by Money Magazine, and they have been looking at the Township.  They are telling us to look at their July issue.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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:

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  Motion:  Bader.  Second:  Braden.  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 – 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, NEW JERSEY, APPROPRIATING $2,224,800 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,224,800 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:

 

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

 

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

 

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:

 

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

 

Chairwoman Nielson opened the public hearing.  Hearing no comments, Chairwoman Nielson closed the public hearing.  Motion:  Bader.  Second:  Braden.  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. 5 – ORDINANCE NO. 2009-18 AMENDING CHAPTER 3.02 ENTITLED “FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING A CREDIT CARD CONVENIENCE FEE:

 

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

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  None.

NO. 2 – ATTORNEY:  None.

NO. 3 – FINANCE:  None.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, absent.  Frank Bastone, Township Administrator, read the report submitted by Mr. Barile: 

 

Municipal baseball fields lighting – all new wiring has been completed and are powering the new lights.  Only trench repair remains.

 

Camp Dawson – Another public hearing is needed regarding the master plan improvements to be constructed.  It is recommended that the hearing be scheduled for June 23.  Township Committee – ok.

 

Paving – bids were received yesterday for resurfacing the remaining portion of Hook Mountain Road under a partial NJDOT grant.  Bids will be opened on June 19 and award is anticipated to be presented to the Township Committee on June 23.

 

2009 Road resurfacing program – bids were advertised yesterday and will be opened on June 19. 

 

Vreeland Avenue resurfacing and River Road from Vreeland Avenue to Main Road resurfacing – two applications were filed electronically yesterday.

 

DISCUSSION ITEMS:

 

NO. 1 – EVERY DROP COUNTS:  Bastone reported at last weeks Long-Term Financial Planning Committee meeting, they looked at water rates.  They want to know the future of the Every Drop Counts program funding – at least for the next four years.  As you know, we don’t have it this year due to the economic conditions. 

 

Committeeman Sandham stated it runs about $50,000 to $55,000 per year – that is $200,000 for four years.  That could have a very significant impact on the decision of the committee.

 

Committeewoman Bader stated she does not know if she can predict four years out.  It is a great program, and she would love to see it again. 

 

Committeeman Braden stated they have an upcoming meeting with the Board of Education.  He would like to talk to them about a conservation education program through the BOE and put the ball in their court.

 

Nielson, Daughtry, and Sandham agreed – see what the BOE has to say.

 

Committeeman Daughtry stated he does not see it coming back up in our budget in the next four years.

 

Lauren Trionco, 19 Duynecrest Road, Towaco, stated she does not disagree that it is a joint issue.  This is a sustainability issue.  You are in charge of the water resource.  The BOE does not care about water conservation. 

 

Nielson encouraged her to attend the joint meeting with the BOE – June 23 at 7 p.m.

 

Nielson stated the Township does have a grant application in for sustainability that includes water conservation education.

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated perhaps a good substitute would be for the town to have a videotape presentation of what was taught.  It could also be on the website.

 

Township Committee thought this was a good idea – they will bring it up at the joint meeting.

 

Dylan Trionco, 19 Duynecrest Road, Towaco, stated he goes to school in Morristown.  The only thing with the video is it is much more fun to have the hands-on experience. 

 

Nielson stated they have to make some tough choices sometimes with some of their programs.  They are very concerned about water.

 

Dylan Trionco asked wouldn’t it be in the taxpayers’ favor to have the program?  Most of them probably have kids in the school system.  It is helping to teach kids about sustainability. 

 

Nielson thanked him and suggested he write to them about how he benefited from his experiences.

 

NO. 2 – POTENTIAL PERFORMANCE BOND DEFAULT:  Jewel Estates performance bond.  Bastone stated the Engineer had a discussion with them today.  Litigation has been filed against the landscaper.  Mr. Barile is recommending we extend the deadline to September 15 for the relocation and planting of the berm.  Township Attorney agrees.  Township Committee – ok.

 

NO. 3 – COMMUNITY VIDEO SHOWCASE:  Bastone asked the Township Committee if they want to proceed with the Community Video Showcase as an addition to the website.  If we don’t like it, we can take if off.  Bastone confirmed it is at no cost to the Township.

 

Daughtry stated his only concern was the advertising, and they alleviated that.

Township Committee consensus – go forward.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated with your website, you could do your own videos and then you don’t have to worry about the advertisers.  Perhaps you could have the local advertisers that advertise in the Montville Messenger.

 

Bastone stated this is in conjunction with the National League of Cities.  It is my recollection that we do have input about the advertisers.  Nielson stated there is no time limit, so if there are people that want to help do our own program locally, we can cancel this.

 

Lefkowitz stated if you want to try the other thing, I am happy to help. 

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2009-19 AMENDING CHAPTER 3.02 ENTITLED “FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING A CREDIT CARD CONVENIENCE FEE:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 23, 2009, at 8 p.m.  Motion:  Daughtry.  Second:  Bader.  Discussion:  Daughtry asked we started this last year with 2.25%? 

 

Frances Vanderhoof, Director of Finance, answered yes, but that was not covering our expenses.  We are looking to charge 2.50%.

 

Daughtry asked if you charge 3%, can it be said we are making a profit? 

 

Martin Murphy, Township Attorney, stated you cannot charge a fee to make money. 

 

Sandham agreed.  This was discussed at LTFPC.  This should not be a profit-maker for the town.  That is what the Auditor told us.

 

Daughtry asked can you put in the rate for each credit card and then an overhead fee?  Murphy stated you don’t have to be that sophisticated. 

 

Vanderhoof stated we went through this with LTFPC.  They agreed we could go with 2.50% if the 2.25% was not covering expenses.

 

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

 

NO. 2 – Deleted from final agenda.

NO. 3 – Deleted from final agenda.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2009-CA12:  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND HELD BY THE TOWNSHIP:  11 Kristen Court, Towaco, Block 31, Lot 26.15, soil stabilization $500.00.

 

CONSENT AGENDA ITEM B – RESOLUTION PROVIDING FOR THE CANCELLATION OF CHECKS AND TRANSFER OF MONIES FROM THE TOWNSHIP OF MONTVILLE OPERATING ACCOUNTS:

 

WHEREAS, the following checks have not been cashed, and the recipient claims no money due to them; and

 

PAYROLL ACCOUNT

 

CK # 74234                 $ 26.11                        02/08/2008

 

WATER OPERATING ACCOUNT

 

CK # 2957                   $250.00                      03/25/2008

 

TREASURER ACCOUNT

 

CK # 9955                   $100.00                       12/31/2007

 

CAPITAL ACCOUNT

 

CK# 1140                    $   2.00                        08/25/2008

 

WHEREAS, the Township of Montville has been notified by Lakeland Bank that the checks have not been cashed;

 

            NOW, THEREFORE, BE IT RESOLVED that the un-cashed checks in the amounts of $26.11, $100.00, and $2.00 be transferred to the General Operating Account and the amount of $250.00 be transferred to the Water Operating Account as of this date June 09, 2009.

 

CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – WHITE CASTLE SYSTEM, INC. – BLOCK 183, LOTS 14 & 15, 23 ROUTE 46:

 

WHEREAS, White Castle System, Inc., the developer of property known as Block 183, Lots 14 and 15 (23 Route 46) is required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, White Castle System, Inc. has submitted a Performance Guarantee in the form Performance Surety Bond #104869204 issued by Travelers Casualty and Surety Company of America in the amount of $47,932.56 and cash in the amount of $5,325.84; 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 White Castle System, Inc. in the form of Performance Surety Bond #104869204 issued by Travelers Casualty and Surety Company of America in the amount of $47,932.56 and cash in the amount of $5,325.84 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING GRANT APPLICATION – NJ DEPARTMENT OF COMMUNITY AFFAIRS – RECREATION OPPORTUNITIES FOR THE DISABLED:

 

WHEREAS, the Township of Montville desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, for $21,662.40 state share with $5,415.60 local share for a for a total contract of $27,078.00 in 2010 to hire personnel to continue providing recreation programs for the disabled population of Montville Township and surrounding communities.

 

BE IT THEREFORE RESOLVED,

 

1) that the Township of Montville does hereby authorize the application for such a grant; and

 

2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of such funds pursuant to the terms of said agreement between the Township of Montville and the New Jersey Department of Community Affairs. 

 

BE IT FURTHER RESOLVED that the persons whose names, titles and signatures appear below are authorized to sign the application, and that they or heir successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith:  Frances L. Vanderhoof, Director of Finance; and Deborah Nielson, Mayor.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (HOOK MOUNTAIN ROAD CARE CENTER):  Block 159, Lot 4.

 

CONSENT AGENDA ITEM F – RESOLUTION TO JOIN NEW JERSEY SUSTAINABLE ENERGY JOINT MEETING:

 

WHEREAS, Local Units of the State of New Jersey are authorized to enter into a joint contract to provide for the formation of a joint meeting for the joint procurement of natural gas, electricity and other forms of energy as permitted by N.J.S.A. 40A:65-14 et seq.; and

 

WHEREAS, the statutes regulating the creation and establishment of a Joint Meeting contain a mechanism for local units to aggregate their collective energy consumption in order to negotiate and contract for energy in a cost-effective, environmentally sensitive manner, furthering the public interest entrusted to such a Joint Meeting; and

 

WHEREAS, the governing body of the Township of Montville has determined that membership in the Joint Meeting is in the best interest of the Township of Montville.

 

NOW THEREFORE, BE IT RESOLVED, that the governing body of the Township of Montville does hereby resolve and agree to become a member in the New Jersey Sustainable Energy Joint Meeting (NJSEM) for the purpose of joining with other Local Units in the State to aggregate purchasing power of energy so as to achieve financial savings and to encourage Local Units to cooperate in seeking ways to jointly implement sustainable energy alternatives;

 

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Joint Contract Joinder Agreement, attached hereto, and that Frank Bastone, Township Administrator, is hereby designated to represent the Local Unit as a member of the State Management Committee of the NJSEM; and

 

BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute such other documents signifying their membership in the NJSEM, and make payment of the Initial Membership Fee of $600 as required by the NJSEM's Bylaws and to deliver same to the Executive Director of the NJSEM.

 

CONSENT AGENDA ITEM G – RESOLUTION OPPOSING THE GOVERNOR’S PROPOSED DIVERSION OF FUNDS FROM THE EMERGENCY MEDICAL TECHNICIAN TRAINING FUND TO THE GENERAL TREASURY.

 

RESOLUTIONS:

 

Bastone stated they had a resolution on the agenda to adopt the budget along with two bond ordinances for introduction.  We are unable to adopt the budget this evening.  The State has not yet reviewed our budget.  They have informed us that the review should take place by the end of this week.

 

NO. 1 – Deleted from final agenda.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE ENTRY INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE BOROUGH OF MOUNTAIN LAKES – HEALTH SERVICES 2009.  As per contract.  Motion:  Sandham.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE REPORTS:

 

Committeeman Daughtry reported the First Aid Squad asked him to look into the deed for 7 Church Lane.  It is on their meeting agenda tonight.  Murphy stated he has spoken to their attorney, Mr. Casha.

 

Committeewoman Bader asked the status of the hard copies of website information at the Senior House.  Bastone stated when a new article goes on the website, they will post it at the Senior House. 

 

Committeeman Braden reported on the Design Review Committee meeting.  They reviewed the Lowe’s initial plan.  They were very pleased.  They will be coming back next meeting.  Bastone stated we can get the renderings on the website when they submit them.

 

Braden reported the Relay for Life event is Friday night.  There are over 700 people registered.

 

Committeeman Sandham reported the VFW had a very nice Memorial Day service. 

 

Chairwoman Nielson reported there is a joint meeting with the Board of Education at 7 p.m. on June 23.

 

The 4th of July parade is June 27.  She did reach out to the Mayor of Pequannock regarding the Mayor’s Trophy softball game.  The fireworks are on June 27 also.

 

Library Board – they have accumulated a surplus.  It is their intent to pay down the debt service for the municipal library.  That is a wonderful situation we have been working toward for some time.  There is a new Library Board attorney, and she did write a memo dated June 5 regarding policies and procedures.  They are required to follow the local public contracts law.  They did have some questions as to the Township Committee meeting minutes of January 13, 2009 regarding the Community Development application resolution – amount $38,000.  They noted there was not any discussion regarding the cost.

 

The Library Board has asked Mrs. Vanderhoof to be the purchasing agent on their behalf.  They asked her to prepare specs for an RFP on a video projection system.

 

They have had lively discussions about what is going on.  There are various differences of opinion regarding closed session items.  Nielson asked Mr. Murphy if he could give them any recommendations.  Murphy answered they are bound by the Open Public Meetings Act.

 

Nielson stated they have a policy/by-law that the President can issue a purchase order for up to $17,000.  They want to raise that to $21,000.  It was deleted from the agenda last night.  Sandham stated they did do this for things that were already approved and in the budget.

 

Nielson stated they have an Acting Director.  They are looking at the organizational structure and various options.  I have asked them to look at long-term capital projects and prioritize. 

 

Daughtry stated you are our only representative on the Library Board.  If there is something you feel concerned about, I would suggest you ask their counsel to write an opinion on it.  If we still have a concern, Mr. Murphy can look at it.

 

Nielson stated the Library Board attorney did speak to Mr. Murphy. 

 

Braden stated the Drug Awareness Council asked him to bring to the Township Attorney a proposed ordinance regarding underage drinking on private property.  There is a sample ordinance from Seaside Heights.  Do we have anything similar on the books right now, and if not, is this something they could consider pursuing?  Murphy stated he recalls addressing this several years ago.  He will look into and report back. 

 

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

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 29 October 2009 )
 
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