MTC Meeting Minutes 09-22-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, September 22, 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 7:30 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

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2009-CES-092209 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 – Dellechiaie.  Litigation – Lotta Lettuce; and Ptaszek.  Anticipated litigation.  Attorney-Client privilege.  Contract negotiations – First Aid Squad.

 

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

 

At 7:03 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 Sandham.

 

Chairwoman Nielson announced that Montville Day/Harvest Fest is October 4th.  It is going to be the same as prior years except this year the budget was cut due to financial restraints.  You will have to pay for food.  We partnered with the Chamber of Commerce for a “Taste of Montville.”  There will also be an ice cream truck.  The bands are from Montville.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE EXECUTION OF A CONSENT JUDGMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND WALDEMAR PTASZEK, ALISON PTASZEK AND GROUNDSWELL ENTERPRISES, LLC:

 

Nielson announced that this resolution was deleted from the agenda.  This matter was discussed in closed session, and it was the decision to pull it from the public agenda.  It will not come back on the public agenda for approval.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

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

 

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

 

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

NO. 2 – 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:

 

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

 

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

 

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:

 

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

 

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

 

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

 

NO. 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:

 

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

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  No report.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported that the County of Morris is conducting a drainage study on Whitehall Road/Route 202.  They will have a plan within two weeks to a month.  There will be no paving until they install the drainage improvements in that location.

 

Waughaw Road drainage – Barile reported he inspected there with the roads superintendent.  We came up with a recommendation for further drainage improvements.  We will be proceeding with that.

 

Stefanelli soil movement application – Barile reported he looked into the properties on either side of that lot to make sure they are in conformance with development restrictions and fill requirements.  I issued a report to the Planning Board and Township Committee that both lots are in full compliance.

 

Hatfield Creek – Barile reported they submitted applications to the NJDEP for two general permits. 

 

Rathbun Road Culvert Project – Barile reported the consultant has started their fieldwork.  Construction will probably be about a year from now. 

 

DISCUSSION ITEMS:

 

NO. 1 – WATER RATES:  Bastone reported on the Long-Term Financial Planning Committee recommendation and the water rate analysis – summary comparison he provided to the Township Committee.  There are scenarios A, B, C, and D.  These are based on prior discussions.  They are looking to establish rates for the next four years. 

 

Nielson stated there is a version on the website, and we welcomed public comment.  There have been subsequent meetings with Mr. Samitt, representing the condos, and Frank Bastone. 

 

Committeewoman Bader stated she is convinced that the four proposals will not work.  I feel we should all pay the same rate.  We are relying too much on the higher end users.  If everyone paid their fair share, we will all get the end result and be able to pay the bill.

 

Nielson stated that in scenario D everyone pays the same rate.  Bader stated she supports a flat-rate structure. 

 

Committeeman Daughtry stated this, I think, would penalize the low users.  Nielson stated scenario D would remove a flat base fee and the gallon rate would be the same.  Daughtry stated I thought we were trying to improve conservation.

 

Thomas Mazzaccaro, Water & Sewer Director, stated there is a lessening of revenues by $300,000.  Yes, water consumption in the summer does go up.

 

Committeeman Sandham stated the last scenario encourages conservation, but the LTFPC really wanted to drive the conservation perspective, and the people who are drawing 100,000 – there would be some variable on the rate.  There is a decrease in the first three variables.  I am fine with that.  This takes care of the condos.  If the Township Committee is fine with D, I am fine with that.

 

Committeeman Braden went over the first three scenarios’ increase – 14%.  It is 33% for scenario D. 

 

Sandham stated everyone is paying the same for a gallon of water in this scenario – D.

 

Nielson stated D shows a projected surplus after four years of $110,000.  Is that an acceptable window?

 

Sandham stated over the four years, yes.

 

Nielson stated scenario A, talked about in July, is the one on the website.  Can we agree this one can be removed from the website?  Township Committee all agreed.

 

Township Committee all agreed they are comfortable with removing scenario B from discussions.

 

Bastone stated scenario C is basically A – the LTFPC’s recommendation, with two changes:  1) eliminates the price reduction for low-end users; and 2) establishes a separate rate class for condo irrigation.

 

Nielson stated scenario C leaves a surplus in four years three times more than scenario D.  I don’t know if this is significant. 

 

Sandham stated it is significant, but there is merit to scenario D.

 

Daughtry asked if Mr. Samitt and Mr. LoBiondo’s comments were taken into consideration. 

 

Nielson stated Mr. Samitt comments reflect in scenario C as amended.

 

Sandham stated Mr. LoBiondo’s flat rate was significantly higher because his interpretation of variable was very high-end volume related.

 

Township Committee all stated they support scenario D and would like to move forward with ordinance introduction.

 

Steve Samitt, Changebridge @ Montville, representing coalition of condos, stated he likes C & D better than A & B.  Up until this week, we didn’t have D.  With D, there is no incentive to cut down water usage.  Can we at least put C and D on the website?  Township Committee agreed – yes, then they will make a decision on October 13 and introduce on October 27.  Public hearing will be on November 10.

 

Sandham stated he did ask Mr. Samitt what the condos were doing for conservation.  He did send a letter with five points.  I will distribute this for next packet.

 

NO. 2 – DOG PARK:  Braden moved to authorize the purchase of the programmable lock in accordance with Mr. Bastone’s recommendation.  Second:  Sandham.  Roll call vote – Daughtry, abstain; Sandham, yes; Braden, yes; Bader, yes; Nielson, yes.  Motion approved.

 

NO. 3 – ANIMAL SHELTER:  Bastone reported on his written analysis of the cost of the steel building versus a stick building.  Township Committee concerns on getting out of the steel building contract – forfeiture of deposit, damages?  Bastone stated we don’t have answers on that yet.

 

Braden stated these numbers reflect the direction we want to go in.

 

Martin Murphy, Township Attorney, stated he will look at the contract terms and conditions by next meeting.

 

NO. 4 – ENERGY AUDIT:  Bastone reported there were three responses to the RFP.  75% of the cost is reimbursable to the Township.  Nielson asked if they can keep it local.  Sandham asked if they can check references.  Bastone stated we have to make a decision and then submit it to the State.  They then approve, and we award the contract.  My recommendation is for the lowest bidder.

 

Sandham moved to accept the Administrator’s recommendation and go with Camp, Dresser, McKee.  Second:  Daughtry.  Roll call vote – all yes.  Nielson stated she would still like references.

 

NO. 5 – SITE PLAN FEES:  Bastone reported on Linda White’s memo dated 8/27/09 concerning Pinto Management Group’s request for a reduction in site plan fees.  My recommendation is to not do that.  Township Committee – all in favor to follow Mr. Bastone’s recommendation.

 

NO. 6 – VISTA ROAD SPEED TABLE:  Memo from Township Engineer dated 09/17/09 providing a number of scenarios.  Nielson asked if they would be approaching the Lake Valhalla Club to help pay the costs.  Bastone stated we have not discussed that yet. 

 

Braden stated speeding is rampant on all roads.  I appreciate the police presence around the schools.  I think we need our laws enforced.  I don’t think we need to install devices such as these. 

 

Sandham stated he is fine with the first part of the recommendation and let’s see what happens.

 

Barile stated they will need direction as far as the cost - $1,000.00.

 

Nielson suggested meeting with the Valhalla Club regarding a shared cost.

 

NO. 7 – LOWE’S DEVELOPER’S AGREEMENT:  Bastone stated he, Linda White, Tony Barile, Deb Nielson, and Marty Murphy met with representatives of Lowe’s and Mr. Boswell.  He provided drawings to the Township Committee.  They are looking for some changes at the Chapin Road/Bloomfield Avenue intersection, and they are looking to create a Bloomfield Avenue island westbound.  They are also looking to cul-de-sac Maple Avenue.  All three items would require an ordinance change.  Lowe’s would like to come to the Township Committee meeting on November 24 to make a presentation.

 

Also, there is a resolution on tonight for a change in the designation of the sewer service area.

 

Sandham stated he would like Mr. Boswell to address the potential of excess traffic and speeding.

 

Nielson asked should we have an emergency access?

 

Daughtry spoke about the Board of Adjustment resolution.  I asked that our planner, Mr. Burgis, comment on it.  Page 9 – 1,152 vehicles during Saturday peak hours.  50% of site traffic from Route 46.  40% from Hook Mountain Road.  10% Chapin Road.  Just want to make sure our planner addresses this and verifies it.

 

Nielson suggested they get the Board of Adjustment traffic experts’ data from the hearings.

 

Notice residents in the area for the November 24 presentation.  Put on website.

 

NO. 8 – GARDENVIEW PERFORMANCE BOND:  Memo from Township Engineer dated 09/16/09 recommending that areas be paved.  These are areas that will not be impacted by Lowe’s.

 

Gerard Simeone, 84 Old Bloomfield Avenue, Pine Brook, attorney for applicant, stated you were just speaking about the Lowe’s developer’s agreement.  Everything they are asking to do is affecting this area.  To pave it now doesn’t make sense.  I can fix the driveways so there are no more bumps in the road – I can make aprons.

 

Daughtry stated if Mr. Simeone gets all four property owners to sign off on waiting and that he will do the aprons, I have no problem. 

 

Braden asked who is plowing the roads now.  Barile answered the Township.  They were existing roads. 

 

Braden stated he supports Mr. Daughtry’s recommendation. 

 

Barile will verify the contents of the letter Mr. Simeone is going to send to the tenants.  Letters by next meeting, October 13.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

 

Mort Grossman, Lee Court, Montville.  I am member of the National Executive Institute.  I specialize in what-if financing.  Stated major corporations are facing bankruptcy.  I just want to know what the Township is doing and is there any long-term planning? 

 

Sandham stated they can add this to the LTFPC’s agenda.  We are in a slightly different scenario.  Our dependence on State aid is not as significant as it used to be, but we are 90% to 95% independent of state aid.  If we did face a deficit, what would we do – that is certainly something the LTFPC can think about.

 

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

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2009-27 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $9,000:  Land Conservancy of New Jersey.

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 13, 2009, at 8 p.m.  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2009-CA15:  Motion:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  Public Health Priority Funding $1,762.00.  Appropriation title:  Public Health Priority Funding $1,762.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT OF CONSERVATION RESTRICTION EASEMENT: 

 

WHEREAS, the Township is the owner of real property located in the Township of Montville known as Block 123, Lot 13.01 (New Animal Shelter Property); and

           

WHEREAS, the Township has obtained a Transition Area Waiver pursuant to the Fresh Water Wetlands Protection Act to modify the transition area on the subject property; and

           

WHEREAS, the Transition Area Waiver is conditioned upon the Township recording a Conservation Restriction Easement to the State of New Jersey Department of Environmental Protection for the entire approved transition area and adjacent freshwater wetland.

 

            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 Grant of Conservation Restriction/Easement to the State of New Jersey Department of Environmental Protection over a portion of Block 123, Lot 13.01 in the form attached hereto.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION:  Pinto Management Group, LLC/River Road Project.  Block 131, Lot 18.

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING 2009-2010 LIQUOR LICENSE RENEWAL – 29-42 ROUTE, INC.:

 

WHEREAS, an application has been by filed by 29-41 Route, Inc. for renewal of 2009-2010; and

 

WHEREAS, the application has been reviewed by the office of the Township Clerk, Land Use Administrator, Health Officer, and Chief of Police; and

 

WHEREAS, the licensee has met the requirements for license renewal with the State of New Jersey;  

           

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 liquor license is renewed for the year 2009-2010:

 

1421-32-016-008

29-41 Route, Inc.

c/o 5 Morris Avenue

Montville, NJ 07045

(Inactive)

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH THE LAND CONSERVANCY OF NEW JERSEY:  Open Space Consulting Services, not to exceed $9,000.00.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH LEW CORPORATION:  Camp Dawson testing.  Second year of three-year contract.  Not to exceed $2,500.00.

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING AMENDMENT TO THE 2008 CAPITAL BUDGET TO UTILIZE FUNDS REMAINING IN PRIOR PROJECTS FOR THE 2009 ROAD RESURFACING PROGRAM:

 

WHEREAS, the Township of Montville, County of Morris, State of New Jersey desires to amend the 2007 Capital Budget of the Township of Montville by inserting thereon or correcting the items therein as shown in such Budget for the following reasons:

 

To utilize funds remaining in prior projects to take advantage of the lower cost of Road Resurfacing in 2009

 

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

 

            Section 1.  The 2007 Capital Budget of the Township of Montville is hereby amended by adding thereto a Schedule to read as follows:

 

Amendment #1

Capital Budget of the Township of Montville

Projects Scheduled for 2007

Method of Financing

 

Project       Est. Cost                     Budget             CIF        Grants            General

                                                Approp.                          in Aid                    Bonds

Road

Resurfacing $  27,821.35                                           

                                                 $1,391.00                                        $26,430.35

Safety Stand (  $1,750.00)       ($   87.50)                                          ($  1,662.50)

Purchase       

  Vehicles     ( $19,208.46)       ($960.40)                                        ($18,248.06)

Pick Up Truck ($1,694.02)        ($  84.70)                                        ($  1,609.32)

Playground

      Equip.       ($5,168.87)       ($ 258.40)                                       ($  4,910.47)

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING AMENDMENT TO THE 2008 CAPITAL BUDGET TO UTILIZE FUNDS REMAINING IN PRIOR PROJECTS FOR THE 2009 ROAD RESURFACING PROGRAM:

 

WHEREAS, the Township of Montville, County of Morris, State of New Jersey desires to amend the 2008 Capital Budget of the Township of Montville by inserting thereon or correcting the items therein as shown in such Budget for the following reasons:

 

To utilize funds remaining in prior projects to take advantage of the lower cost of Road Resurfacing in 2009

           

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

 

            Section 1.  The 2008 Capital Budget of the Township of Montville is hereby amended by adding thereto a Schedule to read as follows:

 

Amendment #1

Capital Budget of the Township of Montville

Projects Scheduled for 2008

Method of Financing

 

Project                   Est. Cost    Budget             CIF        Grants            General

                                                Approp            .                         in Aid                 Bonds

Road

Resurfacing             $  24,465                                                

                                                 $1,223                                 $23,242

Light Poles            ($  3,739)       ($   187)                                    ($  3,552)

Safety Stands            ($13,581)       ($   680)                                    ($12,901)

Storage Tank  ($ 6,093)           $  305)                                ($  5,788)

Guard Rail                 ($  1,052)               ( $   51)                                     ( $  1,001)

 

CONSENT AGENDA ITEM I – RESOLUTION AUTHORIZING AMENDMENT TO THE 2009 CAPITAL BUDGET TO POSTPONE CAPITAL PURCHASES TO UTILIZE FUNDS FOR THE 2009 ROAD RESURFACING PROGRAM:

 

WHEREAS, the Township of Montville, County of Morris, State of New Jersey desires to amend the 2009 Capital Budget of the Township of Montville by inserting thereon or correcting the items therein as shown in such Budget for the following reasons:

 

To postpone some Capital purchases to take advantage of the lower cost of Road Resurfacing in 2009

           

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

 

            Section 1.  The 2009 Capital Budget of the Township of Montville is hereby amended by adding thereto a Schedule to read as follows:

 

Amendment #1

Capital Budget of the Township of Montville

Projects Schedules for 2009

Method of Financing

 

Project                   Est. Cost    Budget             CIF        Grants            General

                                                Approp.                          in Aid      Bonds

Road

Resurfacing    $176,000        $8,800                                                 $167,200

Mini Bus               ($  63,000)     ($3,150)                                             ($  59,850)

Turf Field               ($100,000)     ($5,000)                                             ( $ 95,000)

Turney Sys            ($  13,000)     ($   650)                                       ( $ 12,350)

 

RESOLUTIONS:

 

NO. 2 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR THE 2009 SUPPLEMENTAL ROAD RESURFACING PROGRAM:

 

WHEREAS, nine bids were received on August 27, 2009 for the 2009 Supplemental Road Resurfacing Program; and

           

WHEREAS, the lowest responsible bid based upon an estimate of quantities for milling and paving is $199,900.00 which was received from Crossroads Pavement Maintenance Company; and

           

WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to Crossroads Pavement Maintenance Company.

           

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 Crossroads Pavement Maintenance Company shall be awarded the Contract for the 2009 Supplemental Road Resurfacing Program in the amount of $2.30 per square yard for pavement milling and $55.90 per ton for bituminous concrete surface course, type FABC.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE PINE BROOK ROAD WATER MAIN GRID PROJECT:

 

WHEREAS, seventeen bids were received on September 9, 2009 for the Pine Brook Road Water Main Grid Project; and

           

WHEREAS, the lowest responsible bid of $84,201.00 was received from M.S.P. Construction, Inc.; and

           

WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to M.S.P. Construction, Inc.

           

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 M.S.P. Construction, Inc. shall be awarded the Contract for the Pine Brook Road Water Main Grid Project in an amount of $84,201.00.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE AUTOMATIC METER GRID READING SYSTEM TRANSCEIVER UNIT (MXU):

 

WHEREAS, only one (1) bid was received for the automatic meter reading system with units; and

           

WHEREAS, the only and lowest responsible bid of $118.00 per unit was received from HD Supply Waterworks, 228 Williamstown Road, Berlin, New Jersey; and

           

WHEREAS, the Township Water and Sewer Director and Finance Director have recommended the award to HD Supply Waterworks.

           

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 HD Supply Waterworks shall be awarded the Contract for the automatic meter reading system with units in an amount of $118.00 per unit.

 

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

 

NO. 5 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 6 – RESOLUTION RECOMMENDING THE REDESIGNATION FROM PA5 TO PA2 ON THE STATE PLAN MAP:

 

WHEREAS, the Township of Montville has determined the need exists to modify the portion of the draft State Plan Map relative to the “affected properties” in the southeast portion of the Township from PA5 to PA2 to more accurately reflect the current land use; and

 

            WHEREAS, the attached drawings dated 09/16/09, entitled, “Proposed Planning Area Revisions” and “Proposed Planning Area Revisions/Property Lot Designations,” display the limits and tax map designations of the affected properties; and

           

            WHEREAS, the affected properties include the G.I. Auto site which consists of approximately 39 acres largely disturbed with an auto salvage operation which received approval in July 2009 for a 17-acre redevelopment project which will result in the preservation of 22 acres or over 50 percent of the property by an Environmental Conservation Easement and the redevelopment of four (4) acres of existing disturbed wetland buffer areas in an environmentally proper fashion consistent with the requirements of the New Jersey Department of Environmental Protection (“NJDEP”); and

 

            WHEREAS, the affected properties include the Kevah Konnor site which consists of approximately 20 acres which is currently disturbed and the subject of approximately 20 acres which is currently disturbed and the subject of a proposed redevelopment project; and

 

            WHEREAS, the affected properties include the Home Depot site which consists of approximately 17 acres which is currently disturbed and an active retail area; and

 

            WHEREAS, the current use and characteristics of the affected properties meet the criteria of PA2 more than PA5; and

 

            WHEREAS, the redesignation of the affected properties from PA5 to PA2 is consistent with the Township of Montville’s Master Plan and longstanding desire for redevelopment of the area; and

 

            WHEREAS, the affected properties are within the existing sewer service area and the approved redevelopment of the G.I. Auto property from the Township Water and Sewer Department for connection to the municipal water and sewer systems; and

 

            WHEREAS, the extension of the PA2 area to include the affected properties will involve the inclusion of existing disturbed areas while maintaining and restoring environmentally sensitive areas; and

 

            WHEREAS, the Township of Montville is in favor of the redesignation of the affected properties from PA5 to PA2.

 

            NOW, THEREFORE, BE IS RESOLVED:

 

            1.            The Township of Montville recommends the redesignation from PA5 to PA2 on the State Plan Map of the properties on the attached drawings dated 09/16/09, entitled, “Proposed Planning Area Revisions” and “Proposed Planning Area Revisions/Property Lot Designations.”

 

            2.            The reasons for the Township’s recommendation are as set forth above in this Resolution.

 

            3.            The Township’s Land Use Director be and is hereby directed to communicate with the appropriate County and State officials relative to this request.

 

            4.            A certified copy of this Resolution is being provided to the Office of Smart Growth for the State of New Jersey, and the Morris County Department of Planning and Development.

 

Motion:  Bader.  Second:  Nielson.  Discussion:  Bastone stated the County recommended that the developer petition the Township Committee for this redesignation.  Bastone noted e-mail correspondence to the developer from the County.

 

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

 

NO. 7 – RESOLUTION URGING THE BOARD OF TRUSTEES OF THE TOWNSHIP OF MONTVILLE FREE PUBLIC LIBRARY TO TRANSFER EXCESS FUNDS TO THE TOWNSHIP OF MONTVILLE:

 

WHEREAS,  N.J.S.A. 40:54-15 permits the board of trustees of a municipal free library to transfer excess funds to the municipality; and

 

WHEREAS, the Township of Montville municipal budget continues to face a severe fiscal issues with annual losses of revenue and mandated increases; and

 

WHEREAS, the Township Committee works diligently to control municipal taxes while continuing excellence in the provision of municipal services and strongly desires to minimize any tax increase in the local portion of the real property tax assessment facing residents during these difficult economic times; and

 

WHEREAS, due to the mandated funding formula, the Free Public Library has maintained a substantial surplus in its budget and will still retain a sum equal to the amount of the audited operating expenditures of the library for the most recent available year plus an additional 25% of that amount, excluding funds restricted for capital projects and grants, to be maintained as surplus; and

           

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 Board of Trustees of the Montville Township Free Public Library are urged to authorize the transfer of excess funds to the Township of Montville pursuant to N.J.S.A. 40:54-15.

 

Motion:  Bader.  Second:  Daughtry.  Discussion:  Daughtry asked if we really have to get this tough with them.  Braden stated I think it is important for this body to let that body know how we feel.  Bader stated she attended the August meeting.  It appeared that they were dragging their feet.  It was done in 1993 – so it has been done in the past.

 

Sandham stated we have been pushing for this for over two years.

 

Nielson stated the library did put in their budget to return 50% of their surplus from their operating budget from 2009.  This summer I did ask about the status of that.  They have not finalized a capital plan.  The President of the Library Board indicated in his opinion that no capital plan is needed for the operation of the library.  That is one of the statutory requirements for returning money to the municipality.

 

Daughtry stated for next year we need to study if you were to take over a library, how would you.  We need to work together.  I support the resolution, but we also need to do some homework next year.

 

Bader stated in 2008 the surplus for the library was $322,000.  The interest income was $14,000.  This is taxpayer money that is just sitting in cd’s. 

 

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

 

TOWNSHIP COMMITTEE REPORTS:

 

Committeeman Sandham – no report.

 

Committeeman Braden complimented Mr. Mazzaccaro for the tree pruning on Lorraine Drive.  They look really good.  The people are very happy.

Jazz Festival request for 09/25/10.  I would suggest we hold off on that until we see how Montville Day goes – the weather. 

 

Star Ledger – Parsippany roller rink.  They are using open space funds to purchase refrigeration equipment for that rink for ice-skating.

 

Committeewoman Bader stated she will be out of town for the first meeting of November.

 

Chairwoman Nielson stated Congressman Frelinghuysen will be holding a town hall meeting at the high school on Saturday, September 26, from 9 a.m. to 11 a.m.

 

Long-term goals and evaluations – we will get a draft together prior to next meeting.

 

Bastone stated at the end of the month, he will have the third quarter goals report.

 

Committeeman Daughtry reported he received an update from John Wozniak on the Route 202 Sunoco Station remediation. 

 

Dog Park light – Daughtry stated JCP&L does have that floodlight.  Barile stated they did say they could put it on the existing pole on Changebridge Road – but that is a little distant from the park.  Daughtry stated they can get another pole set.

 

Daughtry stated if the Township wants to spend the money, he will speak to JCP&L.

 

Barile stated they do have a general capital appropriation from last year for various streetlights throughout the town.  So we do have some funding.

 

Daughtry stated he will not do anything more with this unless he is directed to by the Township Committee.

 

Daughtry stated February 8 is the 100th year of Scouting.  I cannot be here, but I hope the rest of the Township Committee can attend.

 

Daughtry thanked Bob Oostdyk, Township Attorney, for the work on the HPRC issues.  He is pleased with what Mr. Oostdyk wrote.

 

BPU – Daughtry asked for status.  Bastone stated there was e-mail correspondence today. 

 

Meeting adjourned at 10:03 p.m.  Motion:  Sandham.  Second:  Bader.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Wednesday, 10 February 2010 )
 
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