MTC Meeting Minutes 09-08-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, September 8, 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 7:05 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-090809 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 – Ptaszek; South Salem Associates; Tax Appeals – 54 Indian Lane, LLC; PLSS, LLC.  Contract Negotiations – White Collar; Group health insurance; Land Conservancy of NJ; Joint municipal court; joint dispatching; animal control.  Property acquisition - Marketplace.

 

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

 

At 7:05 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.

 

Chairwoman Nielson remembered the victims of 9-11.  The Township will be having a Memorial Service at the VFW Freedom Plaza at 11 a.m. on 9-11.  There will also be a 9-11 service Friday night at the high school football game.  Everyone is asked to wear red, white, and blue. 

 

Chairwoman Nielson remembered Fred Eckhardt.  He was on the Board of Education, Township Committee, and was Mayor for 18 years.

 

Prayer and Pledge of Allegiance led by Committeeman Daughtry.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on Lowe’s.  Municipal staff and the Township attorney have a meeting scheduled for next week to discuss the developer’s agreement. 

 

Energy Audit – An RFP for an energy audit of large municipal facilities was sent out on August 24.  Proposals are due back by September 9.

 

Greenhouse gas reduction grant – have made pre-application.  Working with the Chamber of Commerce.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Director of Finance, reported on her written report on the business personal property tax.  Verizon has been dropping lines.  They claim they don’t owe this tax.  The Government Finance Officers Association has been keeping a close eye on this, as it has been a big reduction.

Audit report – old developer’s escrow accounts.  Since 2005, interest is allocated monthly.  Prior to 2005, Bank of America maintained the escrow accounts.  By the end of 2009, all of the accounts will be on our internal system.  The auditors are aware of our continued effort on this.

 

Committeeman Sandham asked if Montville is going to lose the funding from the business personal property tax as other municipalities have.

 

Vanderhoof stated she does not know.  Verizon will not tell us, and we actually have no inventory to determine the tax base.  No municipality does.  We are slowly losing revenue also from them.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported that construction has been continuing on the salt barn, and it should be completed in the next few weeks.  Likewise with Camp Dawson.  The DPW has been doing a fantastic job reconstructing the parking lot and making the new exit driveway.  That should be brought to completion during this month as well.

 

Supplemental paving program bids – those prices came in just a little bit higher than the previous ones.  We are still encouraged on that project.  That will be presented for award at the next meeting.

 

Nielson announced that the Morris County Freeholders will be conducting a 9-11 service on September 13 at the Morris County Memorial.  She requested Mr. Bastone put on our website.

 

DISCUSSION ITEMS:

 

NO. 1 – JOINT MUNICIPAL COURT:  Bastone reported they were working with Pequannock, Kinnelon, and Lincoln Park.  Pequannock has decided not to pursue this.  We need to retool the analysis for the three municipalities.  Looking to implement sometime in 2010.  Township Committee consensus – reach out to Pequannock.

 

NO. 2 – DOG PARK:  Delores Cook and Peter Borboroglu, Chairperson, Dog Park Committee, present to request a lock for the Dog Park and to request an increase in fees.  Request that more appropriate fees would be $20 for residents and $25 (currently $15 and $20) for-out-of town residents.  The park has been up and running now for five years.  This has been voted on by the Dog Park Committee.  Bastone agrees with recommendation.

 

Second recommendation is for an electronic lock for the Dog Park.  People who are members of the Dog Park would get fobs to open the lock.  There are nonmembers and small children who go in the park.  This would help control and monitor that.  Denville has this type of key system and it has helped them.  There would be a one-time $10 fee for the lock key fob.  The key fobs are individually identifiable.  Cost is approximately $4,500.  Half would be from the Dog Park Committee fundraising efforts, and half would come from the town’s dog park membership money.  There would be a small piece of fence that would have to be removed – hopefully the town could do this.

 

Cook requested that the maintenance of the lock would become maintenance of the park, which is the town’s responsibility.

 

Township Committee agreed to go ahead with this subject to Mr. Bastone’s review of the details.  Daughtry stated they may be able to do better on the price – he will speak to Mr. Bastone about it.

 

Ron Soussa, Eugene Drive, Montville, asked about the lights at or near the park.  It was discussed last year of possibly asking the utility to service the area.  Daughtry stated at that time there was a land use application near the dog park.  There was the possibility of incorporating the lighting to that site plan application.  That application is not progressing at this time.  Can we reach out to the power company?

 

Barile stated we can make the contact to the power company.  When the park was first built, it was going to be a dawn to dusk park, because lighting was discussed.  Daughtry asked is there any lighting there that would negatively impact any residences?  That is all business on that side.  Nielson stated they need to check with the Attorney about the requirements for improvements on public property. 

 

Soussa stated he is asking on behalf of the Dog Park Committee.  Braden asked if this is for egress from the park or lighting up the park.  Soussa stated for egress safely from the park.  Speaking as a member of the Dog Park, if we are able to get power there, maybe in the future we could light the Dog Park so it could be utilized after dusk.

Daughtry stated he was intending on going to the power company and getting one pole set on the side of the street the Dog Park is on for a lamp.  It is not a street lighting project – it would just be a light near the driveway entrance that is on a pole.

 

Barile will contact the power company and get a price on a streetlight.  Bastone will review lock proposal and details and bring back to Township Committee for final approval.  Will also review with Mr. Wozniak, Health Officer.

 

NO. 3 – VISTA ROAD SPEED HUMP:  Request from Lake Valhalla Club for a speed hump at the intersection of Vista Road and Hathaway Lane.  Barile stated with the location of Hathaway Lane, it is difficult to place one there.  There is a speed table which is like an enhanced speed hump.  It does take more of an area.  With the crosswalk there, I don’t see it as a good location for the device.  I did ask public works to repaint the crosswalk, which they did.  Sandham asked if you can’t put it at the crosswalk, do you have to put in two?  Barile answered in reviewing the DOT regulations, yes. 

 

Sandham suggested Bastone and Barile take the next step of what needs to be done.  Go to Valhalla Club with what needs to be done. 

 

Nielson stated there will be other requests.

 

Barile stated he would like to take a look at it to find proper locations, present it to the Valhalla Club, and ask them to pay. 

 

Nielson stated there may be other solutions – hire police, cameras, etc. 

 

Bastone and Barile will give an update at the next meeting.

 

NO. 4 – ANIMAL SHELTER:  Bastone reported they are running into some issues with the steel building.  The recommendation is to proceed with a stick-construction building.  We have made a deposit on the steel building - $5,000, and a $3,000 change order.  We would have to talk to the Township Attorney about getting the money back, or it could be a loss.  The change order was insulation, etc. – actual improvements to the building.  The second set of change orders is the problem - they want to charge us for every opening, etc.  We have contractual issues with delivery and storage.

 

Robert Oostdyk, Township Attorney, will look at the contractual terms. 

 

Bastone stated we estimate the alternative to be within $10,000. 

 

Sandham asked how do we know we are not going to make the same mistakes with the alternative building?

 

Committeeman Braden stated the plans are pretty thorough.  We don’t anticipate any change orders with a stick building.

 

Township Committee consensus – find out the damages of getting out of the steel building by next meeting.  Bastone will work up a comparison between the two buildings for next meeting.

 

NO. 5 – ROLLER HOCKEY RINK:  Bastone reported the Roller Hockey Association would like to proceed with the purchase of the boards from Mt. Holly.  As you know, a developer approached us about a public/private partnership for the Metro property.  I don’t see that happening at that location – open space restrictions, etc. 

 

Braden stated the Hockey Association is free to do with their money what they want. 

 

Bastone stated they don’t want to waste their money.  They want to know that a rink will be constructed in the future.

 

Sandham asked if there will be a conflict if the public/private partnership is at another location.

 

Committeeman Daughtry stated the Montville Hockey Association has researched this on their own.

 

Braden asked are we prepared to commit to them that we are going to do improvements to the Metro property so they can use the boards. 

 

Sandham stated concerns with Green Acres – anyone can use it, etc.

Daughtry stated maybe they can put Mt. Holly at bay until they can get the LOI/DEP information.  Ask roller hockey where the money is coming from.

 

Oostdyk will look into the Green Acres information.  Bastone and Barile will contact Green Acres about construction of a roller hockey rink on that property.

 

NO. 6 – GARDENVIEW REALTY PERFORMANCE BOND:  Barile reported they constructed three office buildings.  The paving of Bloomfield Avenue was supposed to be done in 2004.  They indicated it would be paved in the Spring of 2009.  I have been discussing this with Mr. Simeone, attorney for the developer.  With the pending Lowe’s application, they request a delay in the paving until Lowe’s utilities are constructed.  That could take two to three years.  We get complaints from tenants in the buildings.  I denied the request and told them it had to be paved by September 1, 2009.  I am looking to use the performance bond to pave the road.

 

Gerard Simeone, 575 Route 46 West, Fairfield, attorney for the builder and one of the principals, gave a history of the construction.  The last building was finished in April of this year.  There was never a push for the paving because we were building the buildings.  Since Lowe’s came in and was approved, their development requires them to tear up the street to build their water and sewer connections.  The owners of G.I. Auto have agreed that they would put it in their developer’s agreement to pave the road.  Mr. Boswell has asked us not to pave the road.  From what I understand, Lowe’s is moving very quickly on this.  I am not asking for the bonds back.  They will stay in place for another year. 

 

Barile stated Bloomfield Avenue – it is just base pavement there. 

 

Simeon stated the tenants complained because there is a little bit of a lip on their driveways.   We told them we would put aprons in.  We were waiting to hear about what happens tonight.  I spoke to 3 of the 4 owners, and they are fine with the aprons.

 

Committeewoman Bader stated I think there is an ordinance that once a road is paved it can’t be reopened for five years.  I don’t know if this would apply here.

 

Braden asked when the last roadwork was done.  Simeone answered in November 2008 – water connections for the last building.

 

Oostdyk stated one way or another, we need to come to a conclusion.  We have a developer’s agreements not in compliance.

 

Daughtry stated some of the issues of Lowe’s have to come back to the Township Committee.

 

Oostdyk stated the request tonight is to schedule a public hearing.  We can schedule in thirty days so we have a better idea of where Lowe’s is going.  Bastone stated they are meeting with Lowe’s on September 15.

 

Barile stated they can wait until after they hear Lowe’s.

 

Nielson thanked Mr. Simeone and told him we would be back in touch with him.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked about the resolution regarding the Open Public Records Act.  He also asked about the key fobs for the Dog Park.  Nielson stated there are computer controls for them – to activate and deactivate them.

 

Jeff Weinflash, Valhalla Civic Association representative, stated the VCA will be discussing the speed hump at their meeting Thursday night.  We have facilities on both sides of the road.  Also, there may be a request for a stop sign at the end of Vista Road.

 

Nielson asked the membership number of the VCA.  Weinflash stated the Lake Valhalla Club is different from the VCA.  It may be a seasonal issue.

 

Daughtry asked if they can install removable speed humps.  Barile will look into.

 

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

 

 

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2009-22 AUTHORIZING THE EXECUTION OF A CONTRACT FOR SALE BETWEEN THE TOWNSHIP OF MONTVILLE AND JOSEPH ROBERT STARKEY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 22, 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 – ORDINANCE NO. 2009-23 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING TRAFFIC REGULATIONS APPLICABLE TO THE CAMP DAWSON PARK AND REGULATING THE USE OF SAID ROADWAYS, STREETS, DRIVEWAYS, AND PARKING LOT BY MOTOR VEHICLES:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 22, 2009, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 3 – BOND ORDINANCE NO. 2009-24 REAPPROPRIATING $27,821.35 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR THE 2007 ROAD RESURFACING PROGRAM IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 22, 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. 4 – BOND ORDINANCE NO. 2009-25 AMENDING SECTIONS 3(c)(i), (c)(ii), (f), (g)(ii) and (h)(ii) OF BOND ORDINANCE NUMBERED 2008-22 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY FINALLY ADOPTED MAY 27, 2008 IN ORDER TO REDUCE AND INCREASE CERTAIN APPROPRIATIONS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 22, 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. 5 – BOND ORDINANCE NO. 2009-26 AMENDING SECTIONS 3(c), 3(g), 3(k) AND 6(b) OF BOND ORDINANCE NUMBER 2009-20 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY FINALLY ADOPTED JULY 28, 2009 IN ORDER TO REDUCE AND INCREASE CERTAIN APPROPRIATIONS AND TO AMEND THE AVERAGE PERIOD OF USEFULNESS:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 22, 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-CA14:  Motion:  Bader.  Second:  Daughtry.  Discussion:  Mr. Lefkowitz was provided with a copy of the resolution regarding OPRA.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATES:

 

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 tax sale certificate redemptions be processed by the department of Finance:

 

Block 123  Lot 21 Qualifier CB4A0

150 River Rd, Unit B4A         

Premium Money                                                                          $ 3,700.00

Lien Redemption Certificate #07-00018                                           $ 8,528.34

Total Payment                                                                                     $12,228.34

To: Crusader Lien Services

 

Block 123  Lot 21 Qualifier CB4B0

150 River Rd, Unit B4B         

Premium Money                                                                          $ 5,100.00

Lien Redemption Certificate #07-00019                                           $ 9,649.45

Total Payment                                                                                     $14,749.45

To: Plymouth Park Tax Service, LLC

 

Block 124.10 Lot 16.07

136 Changebridge Rd, Unit P7

Premium Money                                                                          $ 1,300.00

Lien Redemption Certificate #08-00018                                           $ 7,656.38

Total Payment                                                                                     $ 8,956.38

To: Robert Rothman

 

Block 156 Lot 34.1

320 Changebridge Rd

Lien Redemption Certificate #08-00026                                           $ 6,127.04

To: U.S. Bank Cust/MDSASS

 

Block 156 Lot 34.2

318 Changebridge Rd

Lien Redemption Certificate #08-00027                                           $ 6,106.41

To: U.S. Bank Cust/MDSASS

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE #08-00015:

 

WHEREAS, Certificate of Sale #08-00015 was issued to Montville Township for delinquent taxes on Block 113, Lot 31 (42 Peace Valley Rd), at a tax sale held on December 04, 2008; and

 

            WHEREAS, the assessed owner, Joseph Putz, has redeemed Certificate #08-00015 by paying the full amount of the delinquency.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale #08-00015 for cancellation.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE #07-00009:

 

WHEREAS, Certificate of Sale #07-00009 was issued to Montville Township for delinquent taxes on Block 52 Lot 33 Qualifier C103J (130 Revere Court), at a tax sale held on October 10, 2007; and

 

            WHEREAS, Citi Mortgage, on behalf of the assessed owner, Robert Hopper, has redeemed Certificate #07-00009 by paying the full amount of the delinquency.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale #07-00009 for cancellation.

 

CONSENT AGENDA ITEM D – 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:

 

NAME/LOCATION

 

TYPE OF BOND

AMOUNT TO BE

RETURNED

 

R. & J. Donato

7 Gunther’s View

Towaco, New Jersey

Block 109.1, Lot 30.19

NOTE: - formerly B. 109, L. 30.19

 

 

 

 

Driveway

 

 

 

 

 

$2,400.00

J. & J. Mancini

28 Gathering Road

Pine Brook, New Jersey

 

 

Soil Stabilization

 

 

$   500.00

          BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.

 

CONSENT AGENDA ITEM E – RESOLUTION RELEASING WILLIAM KEATING – BLOCK 51, LOTS 28 & 33, 137 ROUTE 202 – FROM PERFORMANCE GUARANTEE:  Cash $28,200.00 released.

 

CONSENT AGENDA ITEM F - RESOLUTION RELEASING Woodmont Builders, LLC,  (Glenview Woods, Block 21.01, Lot 42 Old Lane and Waughaw Road) FROM PERFORMANCE GUARANTEE AND WAIVING THE REQUIREMENT FOR A MAINTENANCE BOND:

 

            WHEREAS, Woodmont Builders, LLC, the developer of property known as Glenview Woods, Block 21.01, Lot 42 (Old Lane and Waughaw Road), have pursuant to N.J.S.A. 40:55D-53, the Municipal Land Use Law, notified the Township that certain off track improvements have been completed and have requested to be released from liability under the Performance Guarantee being held by the Township; and

           

WHEREAS, the Township Engineer inspected all improvements of which such notice has been given and recommended the release of the Performance Guarantee covering such improvements in 2007 conditioned upon Woodmont Builders, LLC posting the required Maintenance Guarantee in order to obtain the release of the performance guarantee; and

           

WHEREAS, Woodmont Builders never posted the required maintenance bond, but a two-year period has now passed and they have agreed to repair Bonnieview Lane as set forth in correspondence dated August 27, 2009.  As a result the Township Engineer has recommended the release of the performance guarantee and the waiver of the maintenance guarantee requirement upon completion of the repairs to Bonnieview Lane.

           

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

           

1.            The Township of Montville releases Woodmont Builders, LLC, the developer of property known as Glenview Woods, Block 21.01, Lot 42 (Old Lane and Waughaw Road), from the following performance guarantee and waives the requirement of a maintenance guarantee based on the agreement between the Township Engineer and the Developer for the repair of Bonnieview Lane.  The clerk is authorized and directed to release the following Performance Guarantee being held by the Township upon notification by the Township Engineer of the completion of the repairs to Bonnieview Lane:

 

a.         Letter of Credit issued by First Union National Bank in the amount of  $92,880.00.

 

b.         The cash portion of $10,320.00.

 

            2.            The Township Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the attorney for the developer, the Township Finance Officer, and the Land Use Administrator.

 

CONSENT AGENDA ITEM G – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – NORMAN VACHON, BLOCK 33, LOT 35 – 85 TAYLORTOWN ROAD:  $1,100.00 cash accepted.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  Prevention of Smoking Program $180.00.  Appropriation title:  Prevention of Smoking Program $180.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  Public Health Priority Funding $142.00.  Appropriation title:  Public Health Priority Funding $142.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM J – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  Mountain Lakes Health Services $8,083.00.  Appropriation title:  Health, Salaries & Wages $8,083.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM K – RESOLUTION ENDORSING THE “GREEN ACRES, WATER SUPPLY AND FLOODPLAIN PROTECTION, AND FARMLAND AND HISTORIC PRESERVATION ACT OF 2009”:

 

Whereas, continued investment in open space, farmland and historic preservation is vitally important to the state, as it enhances New Jersey’s economy and health, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its character; and

 

Whereas, New Jersey continues to face incredible pressure from development, losing 50 acres of open space daily in recent years to new development projects; and

 

Whereas, protecting open spaces and improving community parks throughout the State, including urban areas, supports New Jersey state and local economies by stabilizing local property taxes and revitalizing communities; and

 

Whereas, the Garden State Preservation Trust, the financing authority for the Green Acres, Blue Acres, Farmland Preservation, and Historic Preservation programs, is virtually depleted; and

 

Whereas, on November 3, 2009, the voters of New Jersey will be asked to approve the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009,” which authorizes the state to issue $400 million in bonds to fund New Jersey’s preservation programs for three years; and

 

Whereas, passage of the Bond Act, which will equate to $10 per household per year, is desperately needed to fund the continued protection of New Jersey’s natural areas and cultural sites while a long-term funding solution for the Garden State Preservation Trust is determined and secured; and

 

Now, therefore, Be it Resolved, by the governing body of the municipality of  the Township of Montville, in the county of Morris and State of New Jersey as follows:

 

1.                  We support the passage of the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009

2.                  We encourage the voters of New Jersey to vote yes on the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009 on November 3, 2009.

3.                  The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following:

 

Duly authenticated copies of this Resolution shall be transmitted to:

The Honorable Jon Corzine, Office of the Governor, PO Box 001, Trenton, NJ 08625

State Senators

State Assemblypersons

The Land Conservancy of New Jersey, 19 Boonton Ave., Boonton, NJ  07005

Keep It Green c/o NJ Audubon Society, 142 W. State Street, 4th Floor, Trenton, NJ 08608

Daily and Weekly Newspapers

 

CONSENT AGENDA ITEM L – RESOLUTION AUTHORIZING CONTRACTS WITH CERTAIN APPROVED STATE CONTRACT VENDORS FOR CONTRACTING UNITS PURSUANT TO NJSA 40A:11-12a:

 

WHEREAS, the Township of Montville, pursuant to N.J.S.A. 40A: 11-12a and N.J.A.C. 5:34-7.29(c), may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

            WHEREAS, the Township of Montville has the need on a timely basis to purchase goods or services utilizing State contracts; and

 

            WHEREAS, the Township of Montville intends to enter into contracts with the attached Referenced State Contract Vendors through this resolution and properly executed contracts, which shall be subject to all the conditions applicable to the current State contracts.

 

            NOW, THEREFORE, BE IT RESOLVED that the Township of Montville authorized the Purchasing Agent to purchase certain goods or services from those approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State contracts; and

 

            BE IT FURTHER RESOLVED, that the governing body of the Township of Montville pursuant to N.J.A.C 5:30-5.5(b), the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer; and

 

            BE IT FURTHER RESOLVED, that the duration of the contracts between the Township of Montville and the Referenced State Contract Vendors shall be from January 1, 2009 to December 31, 2009.

Referenced State Contract Vendors

 

Commodity/Service              Vendor                         State Contract #

 

Gasoline                                  Allied Oil Co.                         A66321

Rock Salt                                Atlantic Salt                              A70271

International Salt                        A70270

Computer Services                      Edmunds & Company                    A81201

Recreation Equipment            Wilfred McDonald                    A59074

Fibar                                                A59081

MidAtlantic Park Equip.            A59071

Auto Parts                               Auto Zone, Inc,                    A71188

Police Supplies                      Lawman Supply Co.               A83846

Arts & Crafts Supplies                      S & S Worldwide                   A70932

Auctions                                  Gov Deals                           A70967

Police Communication            Motorola                                  A74534

 

CONSENT AGENDA ITEM M – RESOLUTION IN SUPPORT OF S-445 SPONSORED BY SENATOR JOE PENNACCHIO – THE “TRANSPARENCY IN GOVERNMENT ACT” WHICH WOULD PROVIDE FOR ESTABLISHMENT OF STATE PUBLIC FINANCE WEBSITE:

 

WHEREAS, the clamor of eliminating waste, fraud and abuse is often stated, but rarely addressed and efforts to do so are nearly impossible.

 

WHEREAS, transparency in government is necessary to identify State spending and where State taxpayer dollars are going.

 

WHEREAS, a State public finance website which would retain and display data and information on the State’s annual revenues, expenditures and total bonded indebtedness is necessary; a user-friendly source of information to track State revenues and expenditures and to gauge it’s past and present levels of indebtedness. 

 

WHEREAS, the State website would include information such as contractual service purchases, salaries and wages, gifts and grants and bonded obligations and must be accessible to the public no later than 45 days following the close of each fiscal year.

 

WHEREAS, a bi-partisan approach to improving transparency, identifying waste and eliminating abuse at each level of State government and the establishment of the Public Finance Transparency Committee would facilitate the organization, development and maintenance of the website.

 

WHEREAS, Senator Joe Pennacchio has introduced S-445 the “Transparency in Government Act,” to establish such aforementioned State public finance website and Public Transparency Committee.

 

Therefore be it resolved, that we voice our support of Senator Pennacchio’s bill, S-445, the “Transparency in Government Act,” and

 

A certified copy of this resolution shall be sent to Governor Jon S. Corzine, Senate President Richard J. Codey, Senate Minority Leader Tom Kean, Jr. and Senator Joe Pennacchio.

 

CONSENT AGENDA ITEM N – RESOLUTION SUPPORTING AN AMENDMENT TO THE OPEN PUBLIC RECORDS ACT:

 

WHEREAS, the Township of Montville has consistently and reasonably fulfilled its responsibilities pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1, et seq.); and

 

WHEREAS, notwithstanding the legitimate public interest which the Open Public Records Act is intended to protect, the broad scope of the Act allows for its abuse by individuals for an improper purpose, including, but not limited to, harassment of State, County, or Local Government, or governmental officials and employees; and

 

WHEREAS, there is a legitimate and pressing need to amend the Open Public Records Act to prevent improper use of the Act; and

 

WHEREAS, the Legislature of the State of California has recently introduced legislation to amend its Public Records Act to permit governmental entities to petition a Court of competent jurisdiction to issue a protective order limiting the number and scope of requests a requestor may make and/or eliminating a governmental entity’s duty to respond to public record requests from the requestor in the future when said relief is appropriate given a demonstration by the governmental entity that the requestor has sought or is seeking governmental records for an improper purpose, including, but not limited to, the harassment of State, County, or Local Government, including officials and employees; and

 

WHEREAS, an amendment to the Open Public Records Act similar or equivalent to the pending California Legislation is necessary and appropriate.

 

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville calls upon the State’s Assembly and Senate to immediately enact an amendment to the Open Public Records Act equivalent to California Bill AB 520; and

 

BE IT FURTHER RESOLVED that a copy of this Resolution shall be distributed to Governor Jon S. Corzine, all representatives of the 26th Legislative District and all Morris County Municipalities.

 

CONSENT AGENDA ITEM O – PROCLAMATION IN SUPPORT OF ORGAN AND TISSUE DONATION.

 

CONSENT AGENDA ITEM P – APPOINTMENT OF THERESA CAVANAUGH TO RESIDENTS’ WITH DISABILITIES ADVISORY COMMITTEE:  Unexpired three year term ending December 31, 2010.

 

CONSENT AGENDA ITEM Q – APPROVAL OF SOLICITOR’S PERMIT APPLICATION 2009:  Mark M. Englander.

 

CONSENT AGENDA ITEM R – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES – REGULAR MEETINGS 05/26/09, 06/09/09, AND 06/23/09.

 

CONSENT AGENDA ITEM S – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS NOT YET RELEASED FROM VARIOUS MEETINGS OF 2000, 2001, 2008, AND 2009: 

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2000 & 2001

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Property Acquisition – Wheeler

01/11/00

01/25/00

02/08/00

04/11/00

09/26/00

10/10/00

02/13/01

02/27/01

06/12/01

06/26/01

07/10/01

12/11/01

All approved

09/08/09

All

 

09/08/09

All

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2008

 

Property sale – portion of Old Bloomfield Avenue

10/14/08

01/27/09

01/27/09

09/08/09

09/08/09

Salaries 2009

11/13/08

02/10/09

09/08/09

09/08/09

Potential Litigation – Class action – public intoxication ordinances

11/13/08

02/10/09

09/08/09

09/08/09

Tax Appeal – Hilltop Care Center

11/25/08

02/10/09

09/08/09

09/08/09

Contract negotiations – Delta Dental

12/09/08

04/28/09

09/08/09

09/08/08

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2009

 

Attorney-Client Privilege – Miller’s Lane request for easement

01/13/09

05/21/09

09/08/09

09/08/09

Contract Negotiations – T-Mobile/Omnipoint

01/27/09

03/10/09

06/23/09

07/28/09

 

09/08/09

09/08/09

All

Tax Appeal - Novin

02/10/09

06/23/09

09/08/09

09/08/09

Contract Negotiations – Professional Services

02/10/09

02/24/09

03/10/09

06/23/09

07/07/09

07/28/09

 

 

09/08/09

09/08/09

All

Tax Appeal - Massey

03/10/09

07/28/09

09/08/09

09/08/09

Tax Appeal – Norok Corp.

03/10/09

07/28/09

09/08/09

09/08/09

Contract Negotiations – Mt. Lakes Interlocal Services Agreement Nursing

03/24/09

07/28/09

09/08/09

09/08/09

Tax Appeal – O’Dowd

04/14/09

07/28/09

09/08/09

09/08/09

Tax Appeal - Orkin

04/14/09

07/28/09

09/08/09

09/08/09

Attorney-Client Privilege – Library Board (not discussed)

06/09/09

09/08/09

09/08/09

09/08/09

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING A PERMIT FOR A SEASONAL FARM SALE:

 

WHEREAS, Conklin Farm, 65 River Road, Montville, New Jersey, has applied for a special permit to have their annual Fall pumpkin picking event to be held from Saturday, September 19, 2009, through Saturday, October 31, 2009; and

 

WHEREAS, the Township Committee finds that the farm sale would be unobjectionable provided that the following stipulations be adhered to:

 

1.      Four signs placed in compliance with the Traffic Safety Officer and Zoning Officer’s recommendations.  Signs must be removed by November 1, 2009.

 

2.      Compliance with the Montville Township Health Department’s food licensing regulations.

 

3.      Compliance with the Montville Fire Prevention Bureau’s Regulations.

 

            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 a permit to Conklin Farm for a Fall pumpkin picking event to be held from Saturday, September 19, 2009, through Saturday, October 31, 2009, shall be issued.

 

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

 

NO. 2 – RESOLUTION SUPPORTING THE MONTVILLE SOCCER FOUNDATION BRICK WALKWAY FUNDRAISER AT THE COMMUNITY PARK:

 

WHEREAS, The Soccer Foundation, Inc. has a goal of installing a brick walkway from the parking lot to the turf soccer field at the Community Park; and

 

            WHEREAS, The Soccer Foundation, Inc. has requested the approval of the Township Committee for the plan to install the brick walkway and its fundraiser to raise funds for the installation; and

           

WHEREAS, The Soccer Foundation, Inc. has advised the Township Committee that once the initial costs of the brick walkway are met, all profit for the sale of the bricks for this walkway shall be maintained and used for field improvements.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Township of Montville supports The Soccer Foundation brick walkway project at the Community Park.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE EXECUTION OF A CONSENT JUDGMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND WALDEMAR PTASZEK, ALISON PTASZEK AND GROUNDSWELL ENTERPRISES, LLC:

 

Motion:  Sandham.  Second:  Daughtry.  Discussion:  Oostdyk stated this proposed consent judgment would shift back the issue of soil movement to the Board of Adjustment for a redetermination.

 

Jeff Weinflash asked if there is a reason there is a consent judgment being entered into now, before the VCA litigation is decided.

 

Oostdyk stated a consent order would be entered before there is a decision.  Time would not change that issue.  The case would be dismissed against the Township and be remanded back to the Board of Adjustment.  He recommended this course of action.  One of the issues this ends is that the Township Committee got too involved in the planning process. 

 

Weinflash stated he would ask that the Township Committee postpone this until our attorney talks to your attorney, and we have the opportunity to regroup.

 

Motion to table resolution to next meeting:  Sandham.  Second:  Bader.  Weinflash stated he just wants the opportunity to review and respond the consent order. 

 

Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution tabled.

 

NO. 4 – RESOLUTION AUTHORIZING CHANGE ORDER #1 AND FINAL PAYMENT TO ENGLISH PAVING COMPANY FOR THE HOOK MOUNTAIN ROAD RESURFACING PROJECT SUBJECT TO THE RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, English Paving Company is the contractor for the Hook Mountain Road Resurfacing Project; and

 

WHEREAS, it has been determined that changes to this Contract are necessary; and

           

WHEREAS, English Paving Company has submitted a Change Order for a reduction to the original contract amount; and

           

WHEREAS, the Township Engineer has recommended the change order, that the Hook Mountain Road Resurfacing Project be accepted by the Township, and that final payments be made; and

           

WHEREAS, English Paving Company is required to post a Maintenance Bond and required to file an Affidavit of Release of Claims and Liens as a condition of final release.

 

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:

                                    Original Contract:                   $205,547.15

                        Change Order #1:                     -27,995.73

                        Adjusted Contract Amount:             177,551.42

                        Decrease on the Contract:                -13.62%

                        Total of Previous Payments:                   0.00

                        Final Payment Due:             $177,551.42

; and be it further

            RESOLVED that the Township of Montville accepts as final the Hook Mountain Road Resurfacing Project and releases to English Paving Company final payment in full; and be it further

 

RESOLVED that this release is conditioned upon 1) receipt of a 10% Maintenance Bond from English Paving Company in a form approved by the Township Attorney and 2) receipt of an Affidavit from English Paving Company as to release of all claims and liens.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND RESOURCE SERVICES NORTH, INC.:  Wetland services – Metro property Block 131, Lots 2 & 15, as per proposal dated 1/21/09, $2,100.00.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND GC STEWART ASSOCIATES, INC.:  Wetlands permitting plan services - Metro property Block 131, Lots 2 & 15, as per proposal dated 2/27/09, $5,800.00.

 

Motion:  Sandham.  Second:  Braden.  Discussion:  Nielson stated there were issues with this company with other properties in town.  I wanted to know if there were comparative proposals.  Barile stated this firm has been involved going back.  We did not contact anyone else, as they would have to start from scratch, and that is rather extensive.

 

Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, no.  Resolution adopted.

 

NO. 7 – RESOLUTION AUTHORIZING 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.

 

Discussion:  Braden asked about the $500 electrical work for the soda machines.  Do we own them?  Vanderhoof answered no, but we receive $4,000 per year from the vendor. 

 

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

 

COMMITTEE REPORTS:

 

Committeewoman Bader stated kudos on the appointment of Theresa Cavanaugh to the RDAC.  She has been approached in the past that Democrats don’t get appointed to boards and commissions.

 

Organ donor proclamation – this is a worthy cause.

 

Bader stated the sidewalks were roped off at the Conklin property event about a week ago.  I hear they will be taking it to another location.  It may be pertinent for the Township to limit events of this magnitude and that there be a permitting process.

 

The Jazz Festival is Saturday.

 

Committeeman Braden stated natural disasters or weather related incidents.  He would like to know what is going on when they are going on.  We get the calls.  Bastone will speak to Chief Cook.

 

Braden stated some of us are finding out second hand about what is going on with Montville Day that is now Harvest Fest.  I support the subcommittee, but I have been getting calls about what is going on.

 

Nielson stated it is October 4th.  We are participating with the Chamber of Commerce, and they have sent out a request for their members to sell food.  You can pay for food or bring your own food.  There is no admission charge.  The budget was cut to $10,000.  That covers the entertainment, etc.

 

Sandham requested a summary report from the subcommittee.

 

Committeeman Daughtry stated February 8, 2010 is the 100th year anniversary of scouting.  They would like to do a candlelight ceremony outside.

 

BPU/Verizon – regardless of what happens with other municipalities, I think Montville is in a very good position to resolve this and get the free service. 

 

Oostdyk stated he will send a letter to Verizon if it is not resolved by x date.

 

Daughtry stated Historic Preservation Review Commission issues – if Mr. Oostdyk is not getting information, you need to tell me.  Oostdyk stated he will do that.

 

Daughtry asked the status of the goals and objectives.  Bastone stated he was asked to give quarterly reports.  He will give another one at the end of this quarter.

 

Daughtry stated based on that, are we still scheduling an evaluation of our administrator this year?  We should put goals and objectives together for next year now.

 

Waughaw Road drainage – this Winter I would hope we would alleviate it somehow.  I see work was done.

 

Barile stated Herb Ackerman did make the two improvements I recommended last Fall.  I will ask him if there is anything else we can do. 

 

Daughtry stated I need to hear if everything has been done or if not, the cost.

 

Whitehall Road drainage status.  Barile stated the County is looking at it.  Daughtry requested he call the County again.

 

Sunoco Station remediation – I am not sure if this is moving along.  Would like explanation from Mr. Wozniak.

 

Committeeman Sandham stated Fredon Township is closing one of their schools as of October 1 because of EMF. 

 

Sandham stated he did send out an e-mail today of the water rate proposals.  I had some concerns.

 

Fred Eckhardt – it might be appropriate to memorialize him in some way.

 

DPW/W & S report – now projecting deficit in the water revenue.  We need to understand that a little better.

 

Sewer Department capital ordinance – will save some money on the sanitary sewer.

 

Water table for the aquifer is now higher than it was last year at this time. 

 

Health Department – food inspections – there was only one in August.  Bastone will get a report.

Daughtry stated EMF – we started to lay the framework to learn more about it at Lazar.  It seemed to be moving along.  I think it is not any longer.  We will never learn if we don’t do some investigation.

 

Chairwoman Nielson stated we had written Congressman Frelinghuysen requesting a town-talk meeting.  Tentatively looking at September 26 at the high school.  They are aware of the Jewish holiday.

 

Request from Pinto property for a reduction in fees.  Bastone stated he will report on this at next meeting.

 

Nielson stated whitetail deer management.  Letter from Morris County Park Commission.  They are including Pyramid Mountain.  Is Mr. Bastone ok with that?  Bastone answered yes, it is an improvement.

 

Nielson stated letter from Marks Landscaping requesting to maintain and put up a sign in Towaco.  Bastone stated he has a concern that people are erecting signs.  The way we handle it now is that they are existing signs that are being maintained.  Bastone to respond to Mr. Marks.

 

Nielson stated they will review water rates at the next Township Committee meeting.

 

Landscape and delivery trucks parking on streets.  Residents have come to me.  Direct police to enforce more – and our existing regulations.  Bastone will speak to Chief Cook.

 

Meeting adjourned at 10:55 p.m.  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

Last Updated ( Wednesday, 10 February 2010 )
 
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