Montville Township Committee Regular Meeting
Tuesday, July 28, 2009, 6:30 p.m.
Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey
6:30 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 6:40 p.m.)
Committeeman James Sandham, Jr.
Committeewoman Jean Bader
Committeeman Tim Braden (arrival 6:37 p.m.)
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-072809A 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 – Starkey; Dellechiaie; Marketplace; Chapin Road right-of-way; and Changebridge Road extension. Litigation – Stefanelli; Ptaszek; Woodmont Builders; Tax appeals – 535 Realty Corp, and 5 Mars Court, LLC. Contract negotiations – Board of Education lease; and; Professional services consulting engineering; and Metro property. Attorney-Client Privilege. Personnel.
Motion: Sandham. Second: Bader. All in favor except Daughtry and Braden - absent. Resolution adopted.
At 6:35 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 Bader.
Chairwoman Nielson stated the Board of Education lease issue is on the closed session agenda. The discussion was not yet concluded in closed session. The issue is not on the open session agenda. If they conclude the discussion in closed session, they will come back into open session tonight or within 48 hours.
PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:
NO. 1 – BOND ORDINANCE NO. 2009-20 PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,349,495 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,282,020 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: Daughtry. All in favor. Motion approved.
Motion to adopt ordinance: Sandham. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Ordinance adopted.
NO. 2 – ORDINANCE NO. 2009-21 ESTABLISHING THE 2009 SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS AND METHOD OF PAYMENT OF SUCH SALARY OR WAGES: Unrepresented.
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: Braden. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Ordinance adopted.
PRESENTATION TURF THE VALLEY: Presenting: Michael Duddy, 1 Aynsley Court, Montville, and Joe Levine, 26 Diann Drive, Montville.
Duddy stated about two years ago a group of concerned citizens banded together and formed Turf the Valley to raise funds to turf the high school field. The cost of the field is $800,000 +/- $50,000. To date we have raised $125,000. We have had generous donations from nonprofit groups, such as Kiwanis and Unico, and banks. With the economic times, we don’t know if we will be able to raise the rest of the funds in a reasonable amount of time.
A month ago we approached the Board of Education to see if they were interested in going in on a partnership. There was positive feedback. We told them we would approach the Township Committee and report back. We would like to know if there is any interest in a partnership.
Committeeman Sandham stated he has been personally involved with Turf the Valley. I think it is worthwhile project. I told them to approach the BOE and the Township Committee. I think it is something the Township Committee should give some consideration to.
Nielson stated she also supports Turf the Valley. The life expectancy of Camp Dawson is not the same as the turf field at Community Park. We do not have a full warranty on Camp Dawson. The lead issue is not a problem and is monitored quarterly.
Frank Bastone, Township Administrator, stated they are looking at having to replace the Camp Dawson turf in two to three seasons.
Committeeman Daughtry stated I think you came here to ask us to support the concept – not for a specific dollar amount. I would hope the BOE is going to step up first since it is their facility.
Duddy stated correct – conceptually.
Committeewoman Bader stated it is always a good idea to partner with the BOE, but times are tough. I wouldn’t write the project off. I would want to hear about Camp Dawson being re-turfed in two to three years.
Committeeman Braden stated he does not want to say no. This committee has been involved in partnering. I would like to hear the intentions of the BOE.
Nielson stated it is taxpayer money. This Township Committee has been faced with many tough decisions. 2010 doesn’t look much better. It certainly is a worthwhile project. TTV was always meant to be private funds. I am not against exploring options. Our fiduciary responsibility is to maintain and replace what we have. Any program has to have a mechanism to replace fields in ten years. We are putting money away for replacing fields. I am in favor of the concept, but I use it as a last resort.
Sandham stated I think there is a bigger question that needs to be resolved between the Township Committee and the BOE. How do we provide for the costs for the facilities that both of us use? Continue relationship with partnering and work out the details at another point in time. My vote would be yes to participate.
Daughtry stated the BOE needs to set the stake first.
Duddy asked would it be safe to go to the BOE next month and say there is interest from the Township Committee to go forward, but we still need to bang out the details and come to an understanding. Township Committee – yes.
NO. 1 – ADMINISTRATOR: Bastone reported there is a resolution on tonight for Crown Castle to put another locator on the 86 River Road tower. It worked well.
Safety Committee: our workers’ compensation loss ration is the best it has been in the last three years.
2009 and future goals – document is included in written report.
NO. 2 – ATTORNEY: No report.
NO. 3 – FINANCE: No report.
NO. 4 – ENGINEER: Anthony Barile, Township Engineer, reported the construction began at Camp Dawson about a week ago by the Public Works Department. Looking at mid-August completion.
Salt barn – joint project with Morris County - is under construction. Looking at completion in September.
Hook Mountain Road paving was completed yesterday.
NO. 1 – WATER RATES: Bastone reported they need to look at water rates. We put together a 4-year planning period to bring to the Long-Term Financial Planning Committee.
Factors to consider: structured base rate, tiers of usage and billing. Main goal was to encourage conservation.
Current rate is $5 per quarter plus $3.5 per 1,000/gallon usage. What you have in front of you is the rate structure proposed by the LTFPC through 2013. Flat rate was tiered based on usage. Residential and commercial are the same in this proposal.
Four tiers: 1) 0 – 10,000 gallons per quarter. Flat rate $10/qtr. $2.50 per 1,000/gallon.
2) 11,000 – 40,000 gallons per quarter. Flat rate $15/qtr. $4.00 per 1,000/gallon.
3) 41,000 – 50,000 gallons per quarter. Flat rate $15/qtr. $5.00 per 1,000/gallon.
4) 51,000 and over per quarter. Flat rate $25/qtr. $6.00 per 1,000/gallon.
Sandham stated you pay the rate in the tier you are in even if you go to the next tier.
Nielson stated the water utility is projected to be running at a deficit in future years; therefore, some adjustment to the rates is necessary in order to keep this utility in the black. The goal is to have a new system in place by January 2010. This is a preliminary discussion.
Sandham explained the three different tiers on flat rate. They looked at different levels: average condominium users, average residential users, and high end users.
Bader stated her concern is the 98 commercial businesses at the high end. What is that going to do to the revenue of the community if they chose not to stay because they can’t afford it? On the lower end of the scale – some folks may be seeing a decrease. Maybe that is not fair. Maybe it should offset the increases.
Committeeman Daughtry stated Jersey City raised our rates 20% in the last two years and then 4% going forward.
Nielson thanked the volunteers on the LTFPC. The sewer rate has a fixed flat rate. I think it is easier administratively. I would think the logic we put in one ordinance we would carry over to another ordinance. Also, to decrease someone’s water bill is not fair when you are increasing other’s bills.
Income-qualified program – that currently does not hold true to water. It may be an option to extend that to water rates.
LTFPC did receive input from the business community. I don’t know if the condo representatives were asked to be represented. They have issues with irrigation.
Sandham stated any model you come up with someone will be able to poke holes at a piece of it. The flat fee tiered water – sewer has a much more fixed base. Also, you want to drive down usage of water. You want to get the high end users to conserve.
Sandham explained the reduction and stated that every group above 10,000 gets the benefit of that reduction built in. It is relatively equitable in my opinion. It can be changed. This was the compromise and consensus reached by the LTFPC.
Nielson stated I would like to see the same base rates explored. Also, would like the minutes from LTFPC. Also, for me, the top rate of $6 per 1,000/gallons is rather steep.
Daughtry asked what is the target to introduce an ordinance? Bastone stated it needs to take effect January 2010. We should have a decision made by November.
Daughtry stated by the first meeting in October we should have a decision. We have two months to collect any citizen input and the LTFPC involved in any recommendation.
Sandham asked why would we want to throw it back to them? This was their recommendation.
Nielson stated I suggest that we post this proposal on our website and in the Montville Messenger.
Bastone asked if they want to modify anything tonight. Sandham requested he run a model with a flat fee for the August 11 meeting. Also, draft an article for next meeting.
Steve Sammitt, Changebridge @ Montville Condominiums, speaking for the Coalition of Condominiums, stated condos were not consulted. We have 1,700 units. Sprinklers – we are being penalized for being big users. You are billing eight condos. We combine it for your benefit. We are individual families. We should be in the lowest rate. We pay more taxes than normal single-family homes. You are not approaching this fairly. We do conserve. We put in new sprinklers this year to conserve. I think you have to bill us fairly, not as one large user.
Nielson stated we are going to post a proposal on the website and ask for public comment. Perhaps you may want to meet with one of two members of the Township Committee and review the minutes of the LTFPC.
Sammitt asked if the LTFPC is going to contact the condos. Bastone stated this is being handled at this level.
Sammitt stated I would like to be contacted by the Township Committee. Mr. Sammitt was given copies of what was discussed this evening.
Sammitt gave Mr. Sandham an analysis that their rates would increase 85%. Sandham stated that is input – I will look at it.
NO. 2 – PUBLIC ASSISTANCE: Bastone reported effective January 1, public assistance services will be switched to the County. The Township will save $7,000 annually. Township Committee agreed with the transition.
NO. 3 – OPEN SPACE: Bastone stated having participated in the open space process for three years in Montville, I would like to make it an ongoing process, and when they are ready, they can go to the County. Instead of each year coming up with a recommendation for the County. If you agree, I would like to bring this to the Open Space Committee to implement this.
Daughtry stated this is what was in place years ago. I am completely in favor of it.
Sandham stated Open Space would love to do this, but it can’t be pulled apart – the priorities. Braden stated priorities could change.
Bastone stated what he is talking about is that the Open Space Committee prioritizes projects and brings them to the Township Committee. Obviously, if something comes up, the priorities may change. But at least we are working with a planned list.
Sandham recommended making A, B, and C priorities, instead of 1 through 10.
NO. 4 – FAMILY LEAVE ACT: Bastone reported the Federal Act went into effect July 1, 2009. We need to amend our personnel policy. Township Committee all agreed.
NO. 5 – 2009 ROAD RESURFACING PROGRAM: Barile stated there is resolution on for the Township Committee to consider awarding the contract for the road resurfacing program. The bids were way less than anticipated so we added additional roads. They are on the list in front of you. Hook Mountain Road will have surplus funding as well based on the lower price we got for that project.
Also, we are requesting authorization to go out to bid on a supplemental resurfacing program in early Fall.
Sandham stated Vreeland Avenue continues to need resurfacing. I know we applied for the grant again. Barile stated yes, and we should know in October.
Sandham asked about curbing. Barile stated this year’s funds include $50,000 for curbing. Curbs will continue to be replaced on Konner Avenue.
Sandham asked can we do more curbing? Barile stated he feels the paving is more important. They need to take advantage of the low asphalt prices. Some curb work is done each year.
Nielson asked how it is determined which roads get repaved. Is there a master list? Barile stated they try to avoid prioritizing a master list. The priorities change from year to year. We maintain certain lists each year, and we refer to them each year when we prioritize.
Sandham asked if they can look at the capital budget and switch things out to take advantage of the low asphalt pricing – to do extra roads now.
Bastone stated he will take a look at the capital program.
NO. 6 - METRO PARK: Bastone reported at the June 23 meeting the environmental work that needs to be done was discussed. Mr. Barile back in February gave us estimates for the work totaling approximately $17,000. Money that is available is $119,000. We do have sufficient funds from the $140,000. Recreation is interested in using some of that $140,000 for the environmental work.
Make decision in two weeks.
NO. 6 – MONTVILLE DAY: Bastone stated the Mayor and I have been talking about how we are going to handle the provision of food with the budget cuts. The Chamber of Commerce is going to have a Taste of Montville there. We are looking at getting corporate sponsors. We eliminated the free food from the budget this year. The Taste of Montville would be free food or food at a reduced cost.
Margaret Miller-Sanders, Chamber of Commerce President, stated they need some parameters. Costs, electrical hook-ups, hours of operation, etc.
Nielson stated she has been talking to the 4th of July Committee as they deal with this. We have had contact with a potential corporate sponsor.
PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:
Thomas Cambria, 39 Hilldale Road, Pine Brook, stated he is disappointed in the way it was handled – Hilldale School access road. He received a letter from the BOE that the next day construction was starting. The letter stated 25 to 35 feet wide, 40 to 50 trees removed. This has already been done. I will work with the BOE on the gate they want to install. We have already had kids up there with dirt bikes, etc. I will be calling the police. I spoke with Mr. Tevis at the BOE. They said it is a done deal. We can work on the curbing and the gate. I don’t know what the gate is going to look like. I have been told that there are similar gates in town. I will get pictures of them.
Nielson stated she hopes he can work with the BOE, as we have no jurisdiction.
Ramesh Nyan, 40 Hilldale Road, Pine Brook, stated he lives across the street. It was very quiet. Bikes have already been there. He does not want people up there causing trouble.
Daughtry stated please don’t hesitate calling the police.
Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated he received an e-mail on July 2 from one of his neighbors about the break-ins going on. He spoke to Captain Rosellini and Detective Caggiano. It is very good they are talking about it. One of the things is that it was very hard to find out this was going on. There was a reverse 911, but only two people received it. The concern is the lack of information. I wanted to suggest that there be a way through the town’s website that you can subscribe to receive notifications.
Bastone stated they are researching this. He will find out a timeframe.
Braden stated he brought the reverse 911 up a while back. Can we get some indication from Chief Cook as to why three residents didn’t get the notification?
Jeff Weinflash, 51B Stony Brook Road, Montville, Valhalla Civic Association representative, stated he is here for an update on the appeal filed by Mr. Ptaszek for the soil movement. Murphy stated an appeal was filed. I believe an answer was filed. We are waiting to hear from the judge about scheduling. I will get you a copy of the answer through Mr. Bastone or Ms. Atkinson.
Weinflash stated the VCA wants to file an amicus brief. We would like to speak to your office to assist in any way we can on the litigation.
Can you explain what item I on the consent agenda is? Murphy stated it is a claim for damages - $2,500. We always send it to our insurance carrier. Their attorney many times will tell us they will defend under reservation of rights the damage portion of the case or, in the alternative, will offer the town a buyout to handle it locally. They have offered us $2,500, and we have accepted it.
Hearing not further comments, Chairwoman Nielson closed the public portion. Motion: Sandham. Second: Bader. All in favor. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2009-CA14: 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 REFUND OF TAX OVERPAYMENT 2009 – DISABLED VETERAN’S EXEMPTION: 2nd quarter. Block 82, Lot 21, $3,095.29.
CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE RETURN OF CASH BONDS POSTED WITH THE TOWNSHIP OF MONTVILLE:
WHEREAS, certain cash bonds have been posted with the Township of Montville to secure the performance of obligations; and
WHEREAS, the Engineering Department has verified that the improvements, the installation of which were secured by the cash bonds, have been installed in a satisfactory manner and has recommended the release of cash bonds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the following cash performance bonds shall be released:
TYPE OF BOND
AMOUNT TO BE
J. S. Mianecki, Sr.
66 Fredon Marksboro Road
Fredon Twp., NJ 07860-5010
(Bl. 120, L. 28.2) 9 Midvale Avenue
(Bl. 120, L. 28.05) 94 Pine Brook Road
F.J. De Angelis
75 Douglas Drive
(Bl. 85, L. 4)
P. & D. Crownover
148 Old Changebridge Road
(Bl. 124.09, L. 9.01)
BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.
CONSENT AGENDA ITEM C – RESOLUTION ACCEPTING REPLACEMENT PERFORMANCE GUARANTEE – SHARPE DEVELOPMENT CORP., BLOCK 32, LOT 24.01:
WHEREAS, Sharpe Development Corp., the developers of property known as Block 32, Lot 24.01 (Indian Lane East) was required to submit a Performance Guarantee to the Township of Montville; and
WHEREAS, Sharpe Development Corp. posted a cash bond in the amount of $45,000.00 and has requested to replace the cash bond with a Performance Surety Bond and cash bond; and
WHEREAS, Sharpe Development Corp. has submitted a Performance Guarantee in the form of Performance Surety Bond No. 588125S in the amount of $132,048.36 issued by Developers Surety and Indemnity Company and cash in the amount of $14,672.04; and
WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the replacement Performance Guarantee submitted and have recommended its acceptance and the release of the previously posted Letter of Credit.
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 Sharpe Development Corp. in the form of Performance Surety Bond No. 588125S in the amount of $132,048.36 and cash in the amount of $14,672.04 is hereby accepted and the previously posted cash bond in the amount of $45,000.00 is hereby released. The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.
CONSENT AGENDA ITEM D – RESOLUTION APPROVING APPLICATION FOR PARTICIPATION IN THE LOCAL GOVERNMENT ENERGY AUDIT PROGRAM OF THE NJBPU:
WHEREAS, the New Jersey Board of Public Utilities, Office of Clean Energy administers the Local Government Energy Audit Program (Program), an incentive program to assist local government agencies to conduct energy audits and to encourage implementation of energy conservation measures; and
WHEREAS, the Township Committee of The Township of Montville has decided to apply to participate in the Local Government Energy Audit Program; and
WHEREAS, the facilities to be audited are in New Jersey, are owned by the Township of Montville, are served by a New Jersey regulated public utility, and that the Township of Montville has not already reserved $100,000 in the Program this year as of this application; and
WHEREAS, it is acknowledged that acceptance into the Program is dependent on the Scope of Work and cost proposal, and that Program rules will have to be met in order to receive incentive funds; and
WHEREAS, upon acceptance into the Program, the Township of Montville will prepare Facility Data Forms and Scopes of Work for each facility to be audited, solicit quotations from the authorized contractors, and submit the Part B application; and
WHEREAS, the Township of Montville understands that energy audit work cannot proceed until a Application Approval Notice is received from the Program; and
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, approves the submission of an Application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities.
CONSENT AGENDA ITEM E – RESOLUTION GOVERNING BODY CERTIFICATION OF THE 2008 ANNUAL AUDIT:
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and
WHEREAS, the Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations;” and
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Montville, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING DEDICATION BY RIDER – AFFORDABLE HOUSING TRUST:
WHEREAS, the State of New Jersey implemented legislation known as A500, also known as PL2006c46, which established a fee of 2.5% for nonresidential projects receiving preliminary or final approval at the Planning Board level; and
WHEREAS, the Township of Montville has projects which have received preliminary or final approval and the fee is to be collected; and
WHEREAS, it has been promulgated that these be collected and held until further notice from the State of New Jersey.
NOW, THEREFORE, BE IT RESOLVED, that such funds received by the Township of Montville under A500, PL 2006c46 be placed in a specific trust fund and such trust fund shall be considered a “Dedication by Rider” to the budget of the local unit.
CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING DEDICATION BY RIDER – POLICE FORFEITED FUNDS:
WHEREAS, the County of Morris, has promulgated regulations for the Police Departments in the County of Morris, to send all confiscated property and money to the Morris County Prosecutor’s Office; and
WHEREAS, the Township of Montville does send all confiscated property and money to the County; and
WHEREAS, the County periodically allocates an amount to be given to the Township of Montville which is to be deposited into a separate bank account called the Police Forfeited Funds Account, and can only be expended on items approved in writing by the Morris County Prosecutor’s Office.
NOW, THEREFORE, BE IT RESOLVED that such funds received by the Township of Montville be placed in a specific trust fund and such trust fund shall be considered a “Dedication by Rider” to the budget of the local unit.
CONSENT AGENDA ITEM H – AUTHORIZING DEDICATION BY RIDER – PROJECT GRADUATION FUNDS:
WHEREAS, the Township of Montville, in the County of Morris has established a program which has received national acclaim, called Project Graduation, which is a drug free/alcohol free party on high school graduation night; and
WHEREAS, this program is funded partially by the Township of Montville and partially by the parents of the graduating students, there is no accounting available as to the amount of funds being donated by the parents; and
WHEREAS, the funds from the parents are to be used exclusively for Project Graduation.
NOW, THEREFORE, BE IT RESOLVED, that such funds received from the parents of the graduation students, be placed in a specific trust fund and shall be considered a “Dedication by Rider” to the budget of the local unit.
CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING CHAPTER 159 RESOLUTION:
2009 Municipal Budget: Revenue title: Board of Health OE $540.00. Appropriation title: Comprehensive Tobacco Control $540.00. Local Match - source: None.
CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING CHAPTER 159 RESOLUTION:
2009 Municipal Budget: Revenue title: Police, Salaries & Wages $4,000.00. Appropriation title: Click It or Ticket Grant $4,000.00. Local Match - source: None.
CONSENT AGENDA ITEM K – RESOLUTION AUTHORIZING CHAPTER 159 RESOLUTION:
2009 Municipal Budget: Revenue title: Municipal Court S & W $510.50. Appropriation title: Alcohol Education & Rehab. Fund $510.50. Local Match - source: None.
CONSENT AGENDA ITEM L – RESOLUTION AUTHORIZING CHAPTER 159 RESOLUTION:
2009 Municipal Budget: Revenue title: Recycling OE $8,132.70. Appropriation title: Clean Communities Grant $8,132.70. Local Match - source: None.
CONSENT AGENDA ITEM M – RESOLUTION AUTHORIZING CHAPTER 159 RESOLUTION:
2009 Municipal Budget: Revenue title: County of Morris Municipal Alliance $2,500.00. Appropriation title: Municipal Alliance $2,500.00. Local Match - source: Drug Awareness Council $1,250.00.
CONSENT AGENDA ITEM N – RESOLUTION AUTHORIZING A BLOCK PARTY ON JEAN DRIVE, TOWACO: 8/15/09, rain date 8/16/09.
CONSENT AGENDA ITEM O – RESOLUTION AUTHORIZING EXECUTION OF A RELEASE WITH THE MUNICIPAL EXCESS LIABILITY JOINT INSURANCE FUND IN CONNECTION WITH AN ACTION ENTITLED PTASZEK, ET AL. v. TOWNSHIP OF MONTVILLE:
WHEREAS, certain claims have been asserted against the Township of Montville (the “Township”) in an action entitled Ptaszek, et al. v. Township of Montville, Superior Court of New Jersey, Law Division, Morris County, Docket No. MRS-L-1662-09 pending in the Superior Court of New Jersey (the “Litigation”);
WHEREAS, the Municipal Excess Liability Joint Insurance Fund has offered to pay the Township of Montville a sum of $2,500.00 in exchange for a Release from the obligation to indemnify and defend the Township of Montville in this matter; and
WHEREAS, the Township desires to accept the payment and Release the Municipal Excess Liability Joint Insurance Fund.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute the Release to the Municipal Excess Liability Joint Insurance Fund.
CONSENT AGENDA ITEM P – RESOLUTION ESTABLISHING A POLICY FOR COVERED TOWNSHIP EMPLOYEES IN CONNECTION WITH THE NEW JERSEY FAMILY LEAVE INSURANCE PROGRAM:
WHEREAS, on May 2, 2008, New Jersey Governor Corzine signed a Family Leave Insurance Bill enacting a Family Leave Insurance Program, effective July 1, 2009, for workers caring for sick family members, newborn and newly-adopted children; and
WHEREAS, the program provides covered individuals Family Leave Insurance benefits, a monetary benefit, equal to two-thirds (2/3) of the employee’s average weekly wage to a maximum of $546.00 per week for a maximum of six (6) weeks; and
WHEREAS, benefit entitlement may be reduced by up to two (2) weeks for any paid sick leave, vacation time, or other leave at full pay; and
WHEREAS, it is the desire of the Governing Body to exercise its right to reduce the Family Leave Insurance benefit by up to two (2) weeks by requiring covered individuals to use up to two (2) weeks of paid time off including vacation time, sick time, or personal time.
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 covered individuals under the New Jersey Family Leave Insurance Program will be required to utilize up to two (2) weeks of available paid time off (vacation time, sick time, personal time) prior to receiving benefits under the New Jersey Family Leave Insurance Program.
CONSENT AGENDA ITEM Q – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES: Regular meetings 03/10/09; 03/24/09; 04/14/09; and special meeting 07/07/09.
NO. 1 – RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $1,950,000 GENERAL IMPROVEMENT BONDS, SERIES 2009, OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY PURSUANT TO THE 2009 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM: Motion: Bader. Second: Sandham. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENTS TO BE EXECUTED BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY AND EACH OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE 2009 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM: Motion: Daughtry. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND HATCH MOTT MAC DONALD:
WHEREAS, there exists the need for engineering services in connection with the Rathbun Road Culvert Replacement Project in the Township of Montville as set forth in a proposal dated May 15, 2009; and
WHEREAS, the maximum amount of the contract is not to exceed $26,200.00; 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 Hatch Mott MacDonald for engineering services in connection with the Rathbun Road Culvert Replacement Project within the Township of Montville for a total amount not to exceed $26,200.00 as set forth in a proposal dated May 15, 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: Bader. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 4 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE 2009 ROAD RESURFACING PROJECT:
WHEREAS, nine (9) bids were received on June 19, 2009 for the 2009 Road Resurfacing Project; and
WHEREAS, the lowest responsible bid of $326,062.00 was received from Owl Contracting; and
WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to Owl Contracting.
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 Owl Contracting shall be awarded the Contract for the 2009 Road Resurfacing Project in an amount of $326,062.00.
Motion: Bader. Second: Sandham. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 5 – RESOLUTION AUTHORIZING FINAL CHANGE ORDER, ACCEPTANCE OF THE LIGHTING FOR BASEBALL/SOFTBALL FIELDS AT THE MONTVILLE TOWNSHIP MUNICIPAL FIELDS COMPLEX PROJECT, AND FINAL PAYMENT TO QUALITY ELECTRIC CONSTRUCTION COMPANY:
WHEREAS, Quality Electric Construction Company is the contractor for the Lighting for Baseball/Softball Fields at the Montville Township Municipal Fields Complex Project; and
WHEREAS, it has been determined that changes to this Contract are necessary due to a change in the final as-built quantities; and
WHEREAS, Quality Electric Construction Company has submitted a Change Order for an increase to the original contract amount; and
WHEREAS, the Township Engineer has recommended the Change Order, that the Lighting for Baseball/Softball Fields at the Montville Township Municipal Fields Complex Project be accepted by the Township, and that final payments be made; and
WHEREAS, Quality Electric Construction Company 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:
Amount of Original Contract: $143,800.00
Change Order #1: $ 15,173.00
Adjusted Contract Amount: $158,973.00
Increase on the Contract: 10.55%
; and be it further
RESOLVED, that the Township of Montville accepts as final the Lighting for Baseball/Softball Fields at the Montville Township Municipal Fields Complex Project and releases to Quality Electric Construction Company final payment in full; and be it further
RESOLVED that the Township of Montville accepts Maintenance Bond No. 14047117 issued by The Guarantee Company of North America USA in the amount of $15,897.00 for a one-year period.
Motion: Bader. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 6 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A GROUND LEASE BETWEEN STC FIVE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST TO SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP AND THE TOWNSHIP OF MONTVILLE:
WHEREAS, the Township of Montville and STC Five, LLC, a Delaware Limited Liability Company, Successor in interest to Sprint Spectrum, L.P., a Delaware Limited Partnership entered into a Ground Lease dated February 23, 2000 for the purpose of the tenant installing, operating, and maintaining equipment, as described in the Lease, on a portion of Township property located at 86 River Road, Montville; and
WHEREAS, STC Five, LLC, a Delaware Limited Liability Company, Successor in interest to Sprint Spectrum, L.P., a Delaware Limited Partnership has offered to increase the amount of the Lease by $2,250.00 per month in exchange for the Township leasing an additional 10’ x 16’ of additional land contiguous with the existing premises, thereby increasing the size of the premises to approximately 2,272 square feet.
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 the Third Amendment to Ground Lease between the Township of Montville and STC Five, LLC, a Delaware Limited Liability Company, Successor in interest to Sprint Spectrum, L.P., a Delaware Limited Partnership in the form attached hereto.
Motion: Sandham. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 7 – 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.
Rescind layoffs of the two recently hired police officers. Motion: Sandham. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Motion approved.
Next regular meeting 08/11/09. Meeting of 08/25/09 cancelled.
Committeewoman Bader stated it is her turn to write the Township Committee letter for the Montville Messenger. If anyone has any suggestions, get them to me.
Committeeman Braden – no report.
Committeeman Sandham spoke about the letter received from Phillips. Bastone stated they are doing the energy audit.
Sandham spoke about the letter received from Ron Soussa regarding the LOI on the Kramer property. Barile stated the LOI expired. We would have to do a whole new application. Township Committee directed Mr. Bastone to send a letter explaining this to Mr. Soussa.
Sandham spoke about the letter from Mr. Pio Costa regarding Waughaw Road. Barile stated he has met with the road supervisor, and he made some suggestions. He will follow up and report back at next meeting.
Sandham asked if they ever finalized the evaluation form. Nielson stated it will be put on the next agenda.
Committeeman Daughtry stated there is still an issue with Waughaw Road. If the water is still crossing the road, there is still an issue. Barile will go out there.
Daughtry spoke about the water problem under the Whitehall Road railroad trestle. Barile stated he has spoken to the County on that. He will follow up.
Daughtry spoke about the Historic Preservation Review Commission – they have documents. Kathy Fisher is scanning in the documents. He will make sure Bob Oostdyk gets copies.
Murphy stated they have to take a look at it to determine whether or not it was properly done.
Chairwoman Nielson stated the Lake Valhalla Garden Club is interested in doing some beautification in front of town hall. We will be hearing back from them.
Planning Board second meeting in September – they will be discussing opting in or out of the highlands. We have to make a decision by December of this year. The information will be up on the website by September for the public to review.
RESOLUTION NO. 2009-CES-072809B 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: Contract negotiations – Board of Education lease.
Motion: Sandham. Second: Bader. All in favor. Resolution adopted.
At 10:20 p.m. – Closed Session. At 10:45 p.m. – Public Session.
DISCUSSION 86 RIVER ROAD BUILDING:
Present from the Board of Education: Jon Alin, President; Jackie Ritschel; and Karen Cortellino.
Nielson stated they discussed the BOE lease and the use of 86 River Road, and they have come to a consensus.
Bastone stated roof and lighting – proposal – the Township will finance the construction of a truss roof and lighting and ask the fire department to include that in their construction. Once the project is completed, we ask that you pay us back the following year for the roof and lighting.
Alin stated our attorney did not think that was appropriate. That would put us over the $1.5 million cap that the voters voted on. If we change the lease, it would have to go back to the Department of Education. We would have to rebid, etc.
Braden stated you would probably have to rebid anyway because you don’t have a roof involved. You would be going from class II to class III construction – you would save money there. If you go to a split system – compressor outside on the ground – there would be savings there.
Alin asked what if our attorney says we can’t do this proposal? We went to the voters. The County Superintendent said we can’t spend more than that.
Ritschel stated when we presented this proposal to the public, we were going to spend $1.5 million and the rent would be $1 per year for 25 years.
Alin stated our budget is a cap at $1.5 million. What you are suggesting - since we don’t have to pay for a roof, are you prepared to remove the flat roof that is there? Bastone stated I am going to assume the removal is included in the proposal. Alin stated it is.
Cortellino stated I am not sure our legal counsel would say we can do it. It is not a school. It is purely an administrative building. I think the only way to do it is to create another line item in the budget.
Braden asked how they are paying their rent now. Cortellino stated rent situations are different. Braden stated that is what we are talking about. We would build in the repay of the roof in the rent.
Alin stated we have been dealing with this for a year and a half. We were told to deal directly with the fire department. We had trouble, we asked for help, and you said no. We go out to bid. They come in under budget. You don’t want a flat roof. These things should have been negotiated a year and a half ago.
Braden stated we all expected to see a truss roof.
Alin stated we were trying to build the most economical building we could.
Alin stated the lease that has been negotiated - would the Township Committee members approve that now?
Nielson stated that is not the Township Committee’s proposal now.
Alin stated the Township Committee is not going to approve the lease that was negotiated?
Nielson stated the Township Committee is giving the BOE a proposal. This Township Committee expected a truss roof. It was not mandated. We had drawings from 2006 that depicted a truss roof. We asked that everyone work together toward a common goal. You indicated communication breakdowns as well as the fire department. Everyone that attended the subcommittee meeting of the Planning Board and the Planning Board meeting indicated that the only impediment to a truss roof was the funding. Everyone agreed to a person, including BOE members present, that that was the desired outcome. This Township Committee is trying to facilitate that. We are coming to you with a proposal and ask that you accept it so we can move forward.
Cortellino stated the proposal – we would spend the $1.5 million except for the roof. You would fund the roof and the lights. We would pay you back in the first year in the form of a lease agreement.
Sandham stated you would pay it back in your first subsequent budget year. That way you can put it in your budget.
Cortellino stated I would love to work this deal out, but I don’t think it is fair to the public if we spend more than $1.5 million. It is also not fair to the BOE. We did not know you wanted a truss roof until it was too late.
Nielson stated it was supposed to be at least an alternate. Alin stated the fire department did not want to work with us. We worked off a lease that was negotiated.
Nielson stated the Planning Board is not satisfied with the lighting. We are trying to work with the BOE for an entire package.
Sandham stated I would ask that the BOE double-check with their legal counsel – if they can do this or not. If this deal doesn’t work, we should not let the whole thing fall through. We have worked on this for three years. We should not let a truss roof or not a truss roof get in the way of this.
Braden stated I disagree. We appropriated money to knock that building down because it is such an eyesore. The building would not look much different with a flat roof; it will just be a different color.
Daughtry stated for $125,000, can we just contribute that money? Nielson stated that is not the proposal. Braden stated I would implore that the BOE approve the proposal.
Bastone stated modification to the lease: Schedules A & B – two parking spaces available for the fire department out front.
Nielson stated the dumpster outside the lease line – we will address.
Ritschel stated every time we think we are done, something else comes up. I am extremely disappointed. We have been working on this for three years. You are just hurting the people you are trying to protect – your taxpayers. We are now paying rent. You offered us a deal of rent of $1 per year and all we had to do was renovate the building. That was the deal. We agreed. We are renovating the building. We are ready to save the taxpayers’ money so we don’t have to pay rent.
Nielson stated we directed the BOE to work with the fire department. We were shown a drawing in 2006. We thought that was what was going to be worked together with. You have a unanimous proposal from the Township Committee.
Alin asked how many votes the Township Committee needs for the lease. Bastone stated three. Alin asked if Mr. Daughtry can vote on the lease since he is a vendor for the BOE?
Murphy stated he will look into that. Sandham asked if he could participate via conference call. Murphy answered yes.
Alin stated he is going to ask his attorney: Can the rent be put in the lease? Does the Department of Education have to re-approve the lease? Can it be an addendum? Will the funding mechanism work? Should we go out and rebid? Two parking spaces and dumpster location. I have to tell the architect we are going from class II to class III. If we can’t do this, it comes back to you. I have to get approval from the rest of the board. If this doesn’t work, I will be here on August 11 asking you for a motion on the lease.
Sandham stated if you know before then, let us know, and we will schedule a special meeting.
Nielson stated this is a unanimous proposal from the Township Committee. We would very much like to work with you.
Alin stated it may come back to you that we can’t do it - we have a lease, please vote.
Daughtry stated please keep an open mind.
Cortellino stated we have the Department of Education to answer to. Sandham stated that is why we want you to go back to legal counsel.
Nielson thanked the BOE for their diligence and patience.
RESOLUTION NO. 2009-CES-072809C 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: Contract negotiations – Board of Education lease.
Motion: Daughtry. Second: Sandham. All in favor. Resolution adopted.
At 11:25 p.m. – Closed Session. At 11:36 p.m. – Public Session.
Meeting adjourned at 11:36 p.m. Motion: Sandham. Second: Bader. All in favor. Motion approved.
Gertrude H. Atkinson, Township Clerk