Montville Township Committee Regular Meeting
Tuesday, October 13, 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 James Sandham, Jr.
Committeewoman Jean Bader
Committeeman Tim Braden (arrival 6:32 p.m.)
Chairwoman Deborah Nielson
Absent: Committeeman Art Daughtry
Also present: Frank Bastone, Township Administrator
Frances Vanderhoof, Director of Finance
Anthony Barile, Township Engineer
Thomas Mazzaccaro, DPW/Water & Sewer Director
Robert Oostdyk, Township Attorney
Gertrude Atkinson, Township Clerk
RESOLUTION NO. 2009-CES-101309A 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 – Marketplace; Van Ness; Changebridge Road extension; and Dellechiaie. Litigation – Democratic Club/Committee; and Bonnieview. Potential Litigation – First Aid Squad. Contract negotiations – White Collar; Joint Municipal Court; and Animal Shelter. Personnel – health benefits.
Motion: Bader. Second: Braden. All in favor except Daughtry - absent. Resolution adopted.
At 6:32 p.m. – Closed Session. At 8:00 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 Committeewoman Bader.
Chairwoman Nielson stated the First Aid Squad was discussed in closed session.
Robert Oostdyk, Township Attorney, stated the Township Committee received the letter from Larry Casha. The Township Committee has decided that regarding the 7 Church Lane property, they are going to proceed as previously indicated and announced, but they are willing to talk about the other property as a separate issue.
Nielson stated they are going forward with the demolition of 7 Church Lane. This parcel has been identified for the last year and a half for our animal shelter. 137 Changebridge Road is not being discussed tonight. If anyone wants to make a comment on 7 Church Lane, we will give you that opportunity. We want to work together.
Larry Casha, Esq., representing the First Aid Squad, stated I would ask your indulgence to discuss both at the same time. Otherwise, I will wait until the public portion and bring up the other property.
Committeeman Braden stated it has been suggested that a subcommittee be set up to discuss these issues regarding the Changebridge Road property.
Oostdyk stated the Township Committee will not be discussing it.
Township Committee agreed to hear Larry Casha’s comments.
Casha stated he asked the attorney if he could discuss in closed session. I was told I would not be given that opportunity. We need to look at this as a win-win situation for the municipality and the First Aid Squad. This has been discussed in the past – about swapping the properties. Right now, you have $1 million in approximate bonding. We are wiling to take over the maintenance except for grass cutting, snowplowing, and insurance. We are willing to give up 7 Church Lane. We never got the due process hearing on this property. If we can’t resolve this here, and it has to go to the courts, that is the due process hearing.
Casha went over past agreements: In 1971 the property was deeded to the First Aid Squad. In the deed, there was a clause that when the property was not being used for FAS purposes, it would revert back to the town. In 1975 the First Aid Squad wanted to expand. The town said rent it to us and we would give you the Sisco track property. That was done. There was a lease for the Sisco property. 1982 – municipality signed a lease with the FAS using the Church Lane property as consideration. We continue to utilize that property as consideration. The property was then subleased to the MUA. We agreed to the sublease. Once again, it referenced the old lease and the consideration. The FAS spent $35,000 on the Sisco sight. They wanted to spend more money on the Sisco sight. The town wanted to turn the Sisco site into the community center. The town found us another location. In the 1997 lease with the municipality for the current site it specifically references that we are not giving up any rights to the Church Lane property. The FAS sunk approximately $1/4 million into the current site they are in now.
If you exchange that property, which we will take over maintenance on with the exception of insurance, grass-cutting and snowplowing, the town doesn’t have to worry about those expenses in the future, and you get the Church Lane property without the possibility of having a lawsuit involved, because we are entitled to a due process hearing if you think you are entitled to that property.
If we go to court and the FAS loses, we are exactly in the same position we are in tonight. The town will get the Church Lane property, and we will have a lease that goes on.
We don’t want to have the Township Committee spend taxpayer dollars on a lawsuit with one of the most respected organizations in the Township. If we have to go to court, we will ask that you be held in breach of the lease that you signed. If you demolish the property before we go into court and we win, we are going to ask you to rebuild it. In the 1983 consent to the subleasing of the property, there is a clause that states the municipality will negotiate in good faith regarding the property at 7 Church Lane. By taking that property without a due process hearing, you are also in breach of that clause of the lease. The only way you are going to be able to take that site is to condemn it. We are saying give us the property we are in, and we will give you the Church Lane property. I think we need to come up with a prudent answer to this and exchange the properties.
Ed Watters, 9 Brook Valley Road, Towaco, FAS President, stated he is disappointed that we had to take this course of action. We have a situation where we could solve the whole problem in a couple of days. I know all of you on the committee. We don’t want anything extra. If the FAS disbands, the building will revert back to you.
Casha stated if the Township Committee isn’t going to take this back under advisement this evening, I would ask that we have time to file papers for an injunction. I would ask for adequate time – three weeks.
Oostdyk will speak to Martin Murphy, Township Attorney, and get back to Mr. Casha.
Committeeman Sandham stated I don’t understand the perpetual lease you have, or ownership. Casha stated there are a number of provisions in that lease, and we will have to deal with your successors, and if they hypothetically get upset with the FAS, they can scrutinize the lease. If we own the property, that can never take place. The Township Committee in the future might be looking at a paid service. Then they would have a place to house the paid service. We want to make certain that never happens. We want to make certain we are not declared in breach of a lease. If we own it, there is no possibility that would happen.
PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:
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: The Land Conservancy of New Jersey.
Chairwoman Nielson opened the public hearing. Hearing no comments, Chairwoman Nielson closed the public hearing. Motion: Bader. Second: Braden. All in favor except Daughtry - absent. Motion approved.
Motion to adopt ordinance: Sandham. Second: Bader. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Ordinance adopted.
NO. 1 – ADMINISTRATOR: Frank Bastone, Township Administrator, reported they checked the references on the contractor for the energy audit – refer to Mr. Brewer’s memo.
NO. 2 – ATTORNEY: No report.
NO. 3 – FINANCE: Frances Vanderhoof, Director of Finance, reported last week she heard from Phoenix Advisors. It is their recommendation, Bond Counsel, and the Auditor that we should take our 2002 bonds and refund them. Interest savings $226,000. There are two ordinances and a resolution on for this tonight.
NO. 4 – ENGINEER: Anthony Barile, Township Engineer, reported that the Camp Dawson improvements are near completion.
Nielson stated she was there last night and there was not enough parking. There were multiple games going on.
Braden stated the design looks great, but the parking was not good. There was parking on both sides of the drop-off lane. I am sure that is an enforcement issue.
Barile reported that the first paving program was completed last week. Next week the second paving program is starting.
Committeewoman Bader stated traffic light at Clinton Road in Fairfield – could we talk to someone about that? Only three cars can get through at once. Bastone will make contact.
NO. 1 – WATER RATES: Bastone reported they have narrowed down the analysis to two scenarios. 1) Long Term Financial Planning Committee recommendation with two changes – take out the decrease and add category for condominium irrigation. 2) Simple rate structure per 1,000 gallons without a base rate. This has been posted on the website for public comment.
Sandham stated so far the public comment is 50/50 between the two scenarios.
Bader stated she still likes the flat rate - $4.65 per 1,000 gallons.
Braden stated he has wrestled with this. The flat rate addresses the concerns of our senior citizens. It is putting the burden on the high-end user, which I believe will encourage more conservation. Scenario C.
Nielson stated they are both good proposals. I like the simplicity of Scenario D. I also like C with changes to the flat rates.
Sandham stated in Scenario C I came up with the same thing. Agree with taking the flat rate down. I did have two comments on D. One would be to have a minimum charge and having some kind of incentive to conserve more by having a little higher at the top.
This Township Committee is taking $800,000 of allocation between the two utilities. From 2002 – 2005, over $7 million was taken to fund municipal budgets. That is why we had to go to bonding, etc. That is the reason we have to raise rates now. It is important for everyone to understand that. Go with D with a little bit of a minimum and a little higher on the high end. It encourages conservation.
Steve Samitt, Changebridge @ Montville, stated the reason you didn’t get comments is nobody knows you are raising rates. I know it was in the newspaper. Bastone stated it was on the website and in the Montville Messenger.
Bastone stated if you are going to start carving out things, you really should go with C. D is simpler, but if you start changing the rate, you are going back to C again.
Discussion regarding condominium sprinkling.
Bastone stated he likes Scenario C. Nielson stated she would go with D at this time. Three Township Committee members for Scenario D with the caveat that we implement for a year and if there are any issues, we look at it again. $4.65 per $1,000 gallons. Put as proposed on the website. Introduce ordinance at next meeting.
NO. 2 – GARDENVIEW PERFORMANCE BOND: Bastone reported at last meeting Mr. Simeone was asked to submit a letter for us to review to go to the four tenants regarding the paving. He did send a letter out. Three of the four owners have complied with the request. The letter does cover the issues.
Barile stated yes, at the beginning of the meeting, Mr. Simeone did submit the three signed letters. These are subject to the driveway aprons being installed, and one was agreeing only to a one-year delay.
Barile asked if we could set a hearing date for the next meeting. This gives Mr. Simeone time to get the 4th property owner’s concurrence, and the one-year caveat gone.
Motion to set public hearing for October 27. Second: Braden. All in favor. Motion approved.
NO. 3 – CAPITAL BUDGET: Bastone reported he has been working on the capital budget with the Department Heads. Need to verify threshold for capital appropriation. We have been keeping it at $1.5 million per the LTFPC’s recommendation. The recommendation for 2010 is $2 million. Also, need to discuss three projects, and if we want to include them in the six-year capital plan.
Sandham stated the LTFPC gave these recommendations when the economy was not as bad as it is now. I am willing to live with the $2 million as long as 10% is held back as contingency.
Nielson stated she would like to have LTFPC relook at. Bastone stated he needs to act on this now.
Township Committee consensus - $2 million, 10% contingency.
Bastone stated three large items – Changebridge Road extension, Changebridge Road bypass, and Metro Park – are included in the requests.
Nielson asked do we have numbers for these? Bastone answered no. All I am looking for is do we want to include them conceptually in the six-year plan.
Township Committee agreed to go with the three items.
Nielson stated any further recommendations – get to Mr. Bastone within the next week.
NO. 4 – MONTVILLE MESSENGER: Bastone referred to the Township Clerk’s 10/5/09 memo. The poor economy has impacted getting advertising to support the publication. Appropriation for 2009 is $6,000. The appropriation was reduced from last year.
Sandham asked can we cut the costs?
Trudy Atkinson will look into doing 24 pages max and will speak to Mike Karlan about a lighter weight paper and using less color.
PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:
Robert Lefkowitz, 81 Windsor Drive, Pine Brook, asked would you consider putting the Montville Messenger on the website and sending out a postcard telling people it is out there on the website.
Steve Samitt, Changebridge @ Montville, stated not everyone looks at the website.
Mrs. Samitt, Changebridge @ Montville, stated congratulations on Montville Day. It was terrific.
Hearing not further comments, Chairwoman Nielson closed the public portion. Motion: Sandham. Second: Bader. All in favor except Daughtry – absent. Motion approved.
NO. 1 – ORDINANCE NO. 2009-28 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY APPROPRIATING $292,440 RECEIVED AS CONTRIBUTIONS FROM THE COUNTY OF MORRIS TO SUPPLEMENT THE $310,000 APPROPRIATED BY SECTIONS 3(c)(ii) AND 3(c)(iv) AND AMENDING SECTION 3(c)(iii) OF BOND ORDINANCE NO. 2008-22:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 27, 2009, at 8 p.m. Motion: Sandham. Second: Braden. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Motion approved.
NO. 2 – REFUNDING BOND ORDINANCE NO. 2009-29 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN OPEN SPACE BONDS, SERIES 2002, APPROPRIATING $5,240,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,240,000 OPEN SPACE REFUNDING OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 27, 2009, at 8 p.m. Motion: Bader. Second: Braden. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Motion approved.
NO. 3 – REFUNDING BOND ORDINANCE NO. 2009-30 OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY PROVIDING FOR THE ADVANCE REFUNDING OF CERTAIN GENERAL IMPROVEMENT BONDS, SERIES 2002, APPROPRIATING $2,300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,300,00 GENERAL IMPROVEMENT REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF:
Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for October 27, 2009, at 8 p.m. Motion: Sandham. Second: Bader. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2009-CA16: Motion: Bader. Second: Sandham. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING TAX REFUND DUE TO DUPLICATE PAYMENT 2009: Block 122, Lot 21.5, $4,830.13. 4 Clay Drive.
CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING VARIOUS TAX REFUNDS – TAX APPEAL 2008:
WHEREAS, The TAX COURT OF NJ has entered judgments on appeals filed by taxpayers in the Township of Montville; and
WHEREAS, The judgments reduced assessments and cancelled tax creating an overpayment of taxes for the year 2008;
NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:
Block 21.1 Lot 42.26
Massey, Bashar & Rita
2 Bonnieview Lane $1,927.00
Block 82.2 Lot 57.3
Novin, Irene & Barry G
2 Stonehenge Court $4,001.25
Block 159 Lot 4
Hill Top Care Center
43 Hook Mountain Road $3,191.00
CONSENT AGENDA ITEM C – RESOLUTION RELEASING S. DEVELOPMENT CO., INC. – BLOCK 164, LOT 8, 80 HOOK MOUNTAIN ROAD – FROM PERFORMANCE GUARANTEE:
WHEREAS, S. Development Co., Inc., the developer of property known as Block 164, Lot 8 (80 Hook Mountain Road), has, pursuant to N.J.S.A. 40:55D-53 of the Municipal Land Use Law, notified the Township Committee that certain public improvements have been completed, and has requested to be released from liability under the Performance Guarantee being held by the Township; and
WHEREAS, the Township Engineer has inspected all improvements of which such notice has been given and has recommended the release of the Performance Guarantee covering such improvements; and
WHEREAS, the Township Committee has reviewed the recommendations of the Township Engineer.
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 in the form of Performance Bond No. 0969 issued by Bondex Insurance Company in the amount of $94,516.20 and cash in the amount of $10,501.80 posted by S. Development Co., Inc. shall be released.
CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION: 2009 Municipal Budget: Revenue title: State Health Services Grant $78,434.00. Appropriation title: Influenza A – H1N1 virus $78,434.00. Local Match - source: None.
CONSENT AGENDA ITEM E – RESOLUTION APPROVING SOLICITOR LICENSES FOR 2009:
WHEREAS, pursuant to Ordinance, application is made to the Township of Montville for the approval of soliciting licenses; and
WHEREAS, four applications were submitted to solicit for Cablevision of Morris and criminal background checks were conducted by the police;
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:
The following applicants are approved for soliciting for Cablevision of Morris for the year 2009:
1. David Heimroth
2. Scott Lemly
3. Bruce Oliver
4. Andrew R. Unglert
CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING BLOCK PARTIES ON 10/10/09 ON EAGLE DRIVE, TOWACO; AND INDEPENDENCE COURT, MONTVILLE.
CONSENT AGENDA ITEM G – RESOLUTION ESTABLISHING HOLIDAY SCHEDULE FOR OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE FOR THE YEAR 2010:
WHEREAS, the Township Committee of the Township of Montville has approved holidays for officials and employees of the Township of Montville; and
WHEREAS, the following Holiday Schedule is established for the year 2010;
2010 HOLIDAY SCHEDULE
1. NEW YEAR’S DAY FRIDAY 01/01/10
2. MARTIN LUTHER KING DAY MONDAY 01/18/10
3. PRESIDENTS’ DAY MONDAY 02/15/10
4. GOOD FRIDAY FRIDAY 04/02/10
5. MEMORIAL DAY MONDAY 05/31/10
6. JULY 4 HOLIDAY MONDAY 07/05/10
7. LABOR DAY MONDAY 09/06/10
8. COLUMBUS DAY MONDAY 10/11/10
9. VETERANS’ DAY THURSDAY 11/11/10
10. THANKSGIVING DAY THURSDAY 11/25/10
11. THANKSGIVING FRIDAY FRIDAY 11/26/10
12. CHRISTMAS EVE FRIDAY 12/24/10
13. CHRISTMAS DAY MONDAY 12/27/10
14. NEW YEAR’S DAY 2011 FRIDAY 12/31/10
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 Holiday Schedule for the year 2010 be approved and adopted.
NO. 1 – RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR A USED ARTICULATED WHEEL LOADER:
WHEREAS, two bids were received on September 24, 2009 for a Used Articulated Wheel Loader; and
WHEREAS, the lowest responsible bid (John Deere Year 2007, 700 Hours) of $111,000.00 was received from Jesco; and
WHEREAS, the amount bid is within the established budget for the contract and the Public Works Director has recommended the award to Jesco.
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 Jesco shall be awarded the Contract for a Used Articulated Wheel Loader in an amount of $111,000.00.
Motion: Sandham. Second: Bader. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 2 – RESOLUTION TO TERMINATE PARTICIPATION UNDER THE NEW JERSEY STATE HEALTH BENEFITS PROGRAM: As per resolution form and Indemnity and Trust Agreement.
Motion: Sandham. Second: Braden. Discussion: Bastone stated we are changing health benefits funds for the employees to get less of an increase for next year. This has been talked about with the unions.
Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 3 – RESOLUTION TO JOIN THE NORTH JERSEY MUNICIPAL EMPLOYEE BENEFITS FUND:
WHEREAS, a number of public entities in the State of New Jersey have joined together to form the North Jersey Municipal Employee Benefits Fund, hereinafter referred to as “FUND”, as permitted by N.J.S.A. 11:15-3, 17:1-8:1, and 40A:10-36 et.seq.; and
WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been in operation since that date; and
WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance fund contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND; and
WHEREAS, the governing body of the Township of Montville hereinafter referred to as “LOCAL UNIT” has determined that membership in the FUND is the bester interest of the LOCAL UNIT.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:
i. Become a member of the FUND for the period outlined in the LOCAL UNIT’s Indemnity and Trust Agreements.
ii. Will participate in the following types(s) of coverage(s):
iii. Adopts and approves the FUND’s bylaws.
iv. Execute an application for membership and any accompanying certifications.
v. Commit to the four principles of the FUND which are:
a) A long-term philosophy on rates.
b) A willingness to work with bargaining units to achieve plan design changes.
c) Professional management with stability and commitment.
d) Rating structure based on actuarial numbers.
BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND’s Bylaws, and to deliver these documents to the FUND’s Executive Director with the express reservation that these documents shall become effective only upon:
i. Approval of the LOCAL UNIT by the FUND.
ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment.
iii. Approval by the New Jersey Department of Insurance and Department of Community Affairs.
Motion: Sandham. Second: Bader. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND CAMP, DRESSER & McKEE, INC.:
WHEREAS, there exists the need for professional services in connection with the energy audit in the Township of Montville as set forth in a proposal dated September 8, 2009; and
WHEREAS, the maximum amount of the contract is $28,711.00; 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 Camp, Dresser & McKee for professional services in connection with the energy audit in the Township of Montville for a total amount not to exceed $28,711.00 as set forth in a proposal dated September 8, 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: Sandham. Second: Braden. Discussion: Township Committee directed Mr. Bastone to ask about getting the First Aid Squad building included. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 5 – RESOLUTION APPROVING MINUTES OF SPECIAL MEETING 06/23/09: Special meeting with the Board of Education. Motion: Sandham. Second: Bader. All in favor except Daughtry - absent. Resolution adopted.
NO. 6 – 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: Braden. Second: Sandham. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 7 – RESOLUTION OF THE TOWNSHIP OF MONTVILLE MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51:
WHEREAS, the Township of Montville desires to make application to the Local Finance Board for its approval to adopt the following refunding bond ordinances:
1. Refunding Bond Ordinance of the Township of Montville, in the County of Morris, New Jersey Providing for the Advance Refunding of Certain General Improvement Bonds, Series 2002, Appropriating $2,300,000 Therefor and Authorizing the Issuance of $2,300,000 General Improvement Refunding Bonds of the Township for Financing the Cost Thereof; and
2. Refunding Bond Ordinance of the Township of Montville, in the County of Morris, New Jersey Providing for the Advance Refunding of Certain Open Space Bonds, Series 2002, Appropriating $5,240,000 Therefor and Authorizing the Issuance of $5,240,000 Open Space Refunding Bonds of the Township for Financing the Cost Thereof.
WHEREAS, the Township of Montville believes that:
(a) it is in the public interest to accomplish such purpose;
(b) said purpose is for the health, welfare, convenience or betterment of the inhabitants of the Township;
(c) the amounts to be expended for said purpose are not unreasonable or exorbitant;
(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township and will not create an undue financial burden to be placed upon the Township;
NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY as follows:
Section 1. The application to the Local Finance Board is hereby approved, and the Township's Bond Counsel, along with other representatives of the Township, are hereby authorized to prepare such application and to represent the Township in matters pertaining thereto.
Section 2. The Clerk of the Township is hereby directed to prepare and file a copy of the resolution and any other appropriate actions with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute.
Motion: Sandham. Second: Bader. Roll call vote – Daughtry, absent; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
Committeeman Sandham stated Montville Day was well run and well attended.
Meeting schedule – would like to do up front this year to save money.
Committeeman Braden stated next Wednesday the Environmental Commission will meet to go over the Highlands matrix.
Committeewoman Bader stated she commented earlier.
Chairwoman Nielson stated the Planning Board will be discussing the Highlands – opting in or out – on October 22. This Township Committee will have to make a decision by December 8. I encourage you all to attend the next Planning Board meeting.
RESOLUTION NO. 2009-CES-101309B 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 – Changebridge Road extension. Litigation – Democratic Club/Committee. Contract negotiations – White Collar.
Motion: Sandham. Second: Braden. All in favor except Daughtry - absent. Resolution adopted.
At 9:36 p.m. – Closed Session. At 10:20 p.m. – public session.
RESOLUTION APPROVING 86 RIVER ROAD BUILDING AGREEMENT ADDENDUM WITH MONTVILLE FIRE DISTRICT: Approve an agreement (addendum to August 20, 2009 letter from Frank Bastone) for reimbursement to the Montville Fire District for the roof subject to the two changes discussed. Motion: Braden. Second: Sandham. All in favor except Daughtry – absent. Motion approved.
Meeting adjourned at 10:23 p.m. Motion: Sandham. Second: Braden. All in favor except Daughtry - absent. Resolution adopted.
Gertrude H. Atkinson, Township Clerk