MTC Meeting Minutes 11-10-09 Print E-mail

Montville Township Committee Regular Meeting

Tuesday, November 10, 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

Committeeman James Sandham, Jr.

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

Absent:            Committeewoman Bader

 

Also present:   Frank Bastone, Township Administrator

                        Adam Brewer, Management Specialist

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2009-CES-111009A 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.  Contract negotiations – Library; White Collar; PBA.  Potential Litigation.  Litigation – First Aid Squad; Tax Appeal – Carolina Freight; Stefanelli.

 

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

 

At 7:00 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 Committeeman Daughtry.

 

PRESENTATION TO ADAM BREWER:  The Township Committee presented a proclamation to Adam Brewer, Management Specialist and Recycling Coordinator, in recognition of his award from the Morris County Municipal Utilities Authority.  Frank Bastone, Township Administrator, spoke about Mr. Brewer’s hard work in promoting recycling at public events and how the Township’s Recycling Tonnage Grant Awards has increased significantly because of his efforts.

 

PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:

 

NO. 1 - ORDINANCE NO. 2009-31 AMENDING CHAPTER 3.02, SECTION 3.02.103, “WATER AND SEWER FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING REVISED WATER USAGE RATES:

 

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

 

Motion to adopt ordinance:  Sandham.  Second:  Braden.  Discussion:  Nielson stated they have had numerous public discussions and it has been on the website.  Effective January 2010 - $4.65 per 1,000 gallons.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, absent; Braden, yes; Nielson, yes.  Ordinance adopted.

 

PRESENTATION:  Highlands – Planning Board Recommendation.  Nielson stated they must make a decision by December 8 whether to opt-in or opt-out of the Highlands.  We will have a public hearing on December 8.  This is also on our website. 

Presentation by Joseph Burgis, Township Planning Consultant:  Over the last six months, the Planning Board has been reviewing.  We were required to look at modules to determine if the municipality should or should not opt-in to the conformance program.  The Planning Board subcommittee has had at least ten meetings.  The end result was a matrix we prepared for the full Planning Board and Township Committee.  We asked different agencies for their comments:  Historic Preservation Review Commission – opt-in.  Environmental Commission – opt-in.  Chamber of Commerce, Economic Development Committee, Water & Sewer Department, Township Engineer, and Open Space Committee – don’t opt-in.  Board of Health – no comment.  The Planning Board’s recommendation is to not opt-in to the Highlands program. 

 

PowerPoint presentation:  There is a planning area and a preservation area.  Montville has land in both.  Preservation area – 28%.  Planning area – 72%.

 

The impetuous of the Highlands program is water supply and open space.  The Highlands Act was adopted in 2004.  In July 2008 the Regional Highlands Master Plan was adopted.

 

Three zones:  protection zone, conservation zone (agriculture), and existing community zone.  There are four subzones.

 

We are required to opt-in to the preservation area.  We are not required to opt-in to the planning area.  Showed map of Montville’s areas, highlands open waters, NJDEP pool map, preserved lands map (open space), net water availability map, and wellhead protection area map.

 

General issues:  benefits of conformance – legal representation by Highlands, planning grants.  The decision to opt-in or not opt-in can be made at any time.

 

Affordable housing obligation:  You have until June 8, 2010 to submit an affordable housing plan. 

 

Impacts on planning program:  If we opt-in:  300 foot buffer for open waters.  1,000 foot buffer for DEP-certified vernal pools.  Slope regulations a little more onerous.  Highlands would have to approve density variances and use variances.  Exemptions:  single-family house – one-acre and addition to single-family house.

 

12/08/09 obligations:  Preservation Area:  adopt resolution and send with cover letter identifying petition.  Has to be received by the State by December 8th. 

 

Chairwoman Nielson stated we have a meeting on November 24.  We could have this resolution on that agenda. 

 

Burgis:  Planning Area:  Do not have to adopt a formal resolution to opt-out.  Can opt-in at any time.  If we opt-in by 12/8/10 – ordinance.  Or, for option of later date, a certified resolution petitioning Highlands for a determination of plan conformance.

 

Nielson thanked Mr. Burgis.  We should make this presentation available to the public.  Gary Lewis, member of the Planning Board is also present this evening.

 

Committeeman Braden asked what is the penalty for not doing the formal resolution to opt-in to the preservation area.

 

Burgis answered they have the control to take over all of your land development ordinances.

 

Nielson asked if any of the members of the public had any questions.  None.  Nielson stated again, this information is on the website.  Mr. Burgis will e-mail the power point presentation. 

 

Lewis stated the Planning Board also held public meetings. 

 

Committeeman Sandham stated the Planning Board vote was 9-0 in favor of not opting into the planning area.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Frank Bastone, Township Administrator, reported on revaluation.  As a result of our Tax Assessor’s 10/22 meeting with the County Board of Taxation, we anticipate receiving an order from the Tax Board requiring that we conduct a revaluation to be in effect for 2012 or 2013.  Once we receive the order, we can determine the strategy we want to take and respond to the County.

 

NO. 2 – ATTORNEY:  Martin Murphy, Township Attorney, reported he prepared a letter to send to the BPU on the Verizon issue.

 

Historic Preservation Review Commission – we have received a listing of approximately 200 properties that they state went through the public hearings.  We are in the process of verifying that they went through that properly.  We will then prepare an ordinance. 

 

NO. 3 – FINANCE:  No report.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported the paving program is complete.  We did 17 roads.  Also, the developer has done the paving on Bloomfield Avenue/Chapin Road.

 

Nielson asked if the striping and signage is complete at Camp Dawson.  Barile stated he will check on that.

 

NO. 5 – COMMITTEE REPORTS:

 

Chairwoman Nielson stated tomorrow the town offices are closed.  The Veteran’s Day Ceremony will be held at the VFW at 11 a.m.

 

DISCUSSION ITEMS:

 

NO. 1 – CONCESSION STANDS:  Bastone stated he has discussed this with the Township Attorney.  The concession stands are either leased or we go out to bid.  Recommendation is that we go out to public bid.  If not bidding them, then we should execute leases with the sports organizations. 

 

Frances Vanderhoof, Director of Finance, stated they would need to bid in February. 

 

Committeeman Daughtry stated he has not seen anything from Recreation on this.  Daughtry or Braden will present to the Recreation Commission.

 

Braden stated the town clearly owns the Community Park stand.  Camp Dawson – the concession stand was purchased by the Broncos and lacrosse.  Bastone stated but it is on Township property.  Hopefully to be resolved by November 24. 

 

NO. 2 – METRO PROPERTY ENVIRONMENTAL:  Barile stated there is a PSE&G easement.  We have the plans on file.  95% of that easement is delineated as wetlands.  We are looking at cutting off our delineation right to the easement area.

 

Nielson asked can we do a lot line – a minor subdivision?  Murphy will look into.

 

Barile stated they will be spending $16,800 delineating the portion we have been discussing.  It would be an additional $8,000 to $10,000 for the additional property.

 

Discussion regarding the wetlands – various DEP delineations.

 

Barile stated can I suggest that we put this off until next meeting, look at the DEP issues, and get proposals on delineating the whole property.  Update at next meeting.

 

NO. 3 – SCHEDULING OF 2010 REORGANIZATION MEETING:  Meeting set for Tuesday, January 5, 2010 at 7 p.m. at the Municipal Building.

 

NO. 4 – EVALUATION FORM:  Nielson stated they have been discussing doing evaluation forms for the Administrator, Department Heads, and staff.  Daughtry and Nielson will sit down, review, and come up with a form.  Sandham had submitted comments that will be reviewed also.

 

NO. 5 – 2010 AND FUTURE GOALS:  Daughtry stated they are trying to put together strategic goals and objectives for our Administration next year.  Suggestions – investigation of library merger; decision on restructuring police department, health care reform, and ten-year fire department/first aid squad migration plan.

 

Sandham stated he generally agrees with Art’s observations.  Also, overall shared services concept. 

 

Daughtry stated there are about five bullet points and shared services.

Nielson stated her suggestions: sustainability/energy efficiency, increase communication with residents, enhancing the traffic corridor on Route 202 and Changebridge Road, streamlining evaluations, and organizational chart.

 

Daughtry stated there are eight points.  Will send out an e-mail and include Mr. Kostka.  It can be modified.

 

Bastone stated they need to set them and prioritize them.  He stated it is uncomfortable for the Administrator to be determining fringe benefits for the Township Committee.

 

Daughtry will finalize what was just discussed for next meeting.

 

Sandham asked how can Mr. Kostka have the proper input if he is not a full member of the Township Committee yet.  This should be for the first meeting in January.

 

Braden stated set the first business meeting of the year to adopt goals.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:  Chairwoman Nielson opened the public portion.  Hearing no comments, Chairwoman closed the public portion.  Motion:  Sandham.  Second:  Braden.  All in favor except Bader - absent.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2009-32 AMENDING CHAPTER 3.02 ENTITLED “FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 24, 2009, at 8 p.m.  Motion:  Sandham.  Second:  Nielson.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, absent; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 2 – ORDINANCE NO. 2009-33 AMENDING CHAPTER 12.40 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND ESTABLISHING A FINANCIAL DISCLOSURE POLICY FOR ORGANIZATIONS DESIRING TO UTILIZE A TOWNSHIP OWNED FACILITY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for November 24, 2009, at 8 p.m.  Motion:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, absent; Braden, yes; Nielson, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA RESOLUTION NO. 2009-CA18:  Motion:  Braden.  Second:  Sandham.  All in favor except Bader – absent.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENT:  Duplicate payment 2009.  Block 171, Lot 8, $1,568.46.

 

CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING CANCELLATION OF TAXES ERRONEOUSLY ASSESSED AND REFUND OF OVERPAYMENT:  Year 2009.  Block 58, Lot 2.  Total $3,053.27.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING REFUND OF tax OVERPAYMENT – TAX APPEALS:

 

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 2007, 2008 and 2009;

 

              NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw checks in the amount of overpayment to:

                                              

Block 3 Lot 38.5

Archer & Greiner, P.C. as

Trustee for 5 Mars Court, LLC     2007                $3,090.00

5 Mars Court                                       2008                $4,563.13

                                                            Total:               $7,653.13

 

Block 39.11 Lot 78

Orkin’s Retail Centers LLC

C/O Michael I Schneck, Esq.                        2008                $15,848.15

440 Route 202                                    2009                $     293.52

                                                            Total:               $16,141.67

 

CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:  Block 51, Lot 50.  Lien Redemption Certificate #08-00003, $308.69.

 

CONSENT AGENDA ITEM E – RESOLUTION ACCEPTING PERFORMANCE GUARANTEE – SKENDER MEKA, K & S AT MONTVILLE – BLOCK 39.04, LOT 2:

 

WHEREAS, Skender Meka, the developer of property known as Block 39.07, Lot 2 (49 Old Lane) is required to submit a Performance Guarantee to the Township of Montville; and

           

WHEREAS, Skender Meka has submitted a Performance Guarantee in the form Standby Letter of Credit No. OD09001439 issued by Valley National Bank in the amount of $128,498.00 and cash in the amount of $14,277.60; and

 

WHEREAS, the Township Engineer, Township Attorney, and Land Use Administrator have reviewed the Performance Guarantee submitted and have recommended its acceptance.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the Performance Guarantee submitted by Skender Meka in the form of Letter of Credit No. OD09001439 issued by Valley National Bank in the amount of $128,498.00 and cash in the amount of $14,277.60 is hereby accepted.  The Township Clerk is authorized and directed to forward a copy of this Resolution to the developer.

 

CONSENT AGENDA ITEM F – 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. & G. Rossetto

26 Cheryl Road

Pine Brook, NJ

Block 139.5, Lot 10

 

 

 

 

Road Opening

 

 

 

$200.00

L. & S. Gessler

9 Elm Drive

Cedar Grove, NJ  07009

Block 139.3, Lot 11, 101 Horseneck Rd.

 

 

Road Opening

Road Opening

 

 

$600.00

$550.00

Rox Construction Company

P.O. Box 708

Chester, NJ  07930

Block 75, Lot 16, Ashland Drive

 

 

 

Road Opening

 

 

 

$4,980.00

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

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  Bayer Health Care Contribution $5,700.00.  Appropriation title:  Police Mobile Data Terminals $5,700.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING AMENDMENT AND RESTATEMENT OF RETIREMENT PLAN VIA ADOPTION OF VALIC RETIREMENT SERVICES COMPANY GOVERNMENTAL VOLUME SUBMITTER PLAN.

 

CONSENT AGENDA ITEM I – RESOLUTION APPROVING APPLICATION FOR SPECIAL ABC PERMIT FOR SOCIAL AFFAIR:  St. John’s Masonic Lodge/Barn Theatre 11/15/09.

 

CONSENT AGENDA ITEM J – RESOLUTION APPROVING APPLICATION FOR SPECIAL ABC PERMIT FOR SOCIAL AFFAIR:  Pine Brook Jewish Center 12/12/09.

 

CONSENT AGENDA ITEM K – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO CHRISTINE VALMY, INC.:  11/30 to 12/10/09 and 12/12 to 12/23/09.  Signage plan dated 10/16/09 approved – four signs only.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE SPARE PUMP PURCHASE FOR THE RIVER ROAD SEWAGE PUMPING STATION: 

 

WHEREAS, two bids were received on November 4, 2009 for the Spare Pump Purchase for the River Road Sewage Pumping Station; and

           

WHEREAS, the lowest responsible bid of $34,212.00 was received from Pumping Services, Inc., and

           

WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to Pumping Services, 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 Pumping Services, Inc. shall be awarded the Contract for the Spare Pump Purchase for the River Road Sewage Pumping Station in an amount of $34,212.00.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 AND FINAL PAYMENT TO OWL CONTRACTING, INC. FOR THE 2009 ROAD RESURFACING PROGRAM SUBJECT TO RECEIPT OF MAINTENANCE BONDS AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS, AND RELEASE OF PERFORMANCE BOND:

 

WHEREAS, Owl Contracting, Inc. is the contractor for the 2009 Road Resurfacing Program; and

 

WHEREAS, it has been determined that changes to this Contract are necessary due to the addition of bituminous concrete surface course and reduction for pavement milling 2” deep; and

 

            WHEREAS, Owl Contracting, Inc. has submitted Change Order No. 1 for an increase to the original contract amount in the amount of $33,037.64; and

 

            WHEREAS, the Township Engineer has recommended the Change Order, that the 2009 Road Resurfacing Program be accepted by the Township, and that final payments be made; and

 

            WHEREAS, D.L.S. Contracting, Inc. 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 Price                                                                $326,062.00

            Change Order No. 1                                                              $  33,037.64

            Adjusted Contract Amount                                                            $359,099.64

            Percent Increase on the Contract                                                 10.13%

 

; and be it further

            RESOLVED that the Township of Montville accepts as final the 2009 Road Resurfacing Program and releases to Owl Contracting, Inc. final payment in full subject to receipt of the Maintenance Bond and Affidavit of Release of Claims and Liens; and be it further

 

            RESOLVED that Performance Bond issued in connection with this project is hereby released.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING CHANGE ORDER NO. 4 AND FINAL PAYMENT TO UNDERGROUND UTILITIES CORPORATION FOR THE AREA 18 SEWER PROJECT, ACCEPTANCE OF MAINTENANCE BOND, SUBJECT TO RECEIPT OF AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Underground Utilities Corporation is the contractor for the Area 18 Sewer Project; and

 

WHEREAS, it has been determined that changes to this Contract are necessary due to quantity variations in contract pay items and extra work as outlined in Change Order No. 4; and

           

WHEREAS, Underground Utilities Corporation has submitted Change Order No. 4 for an increase to the original contract amount in the amount of $117,272.95; and

           

WHEREAS, the Water & Sewer Engineer has recommended the Change Order, that the Area 18 Sewer Project be accepted by the Township, and that final payments be made; and

           

WHEREAS, Underground Utilities Corporation 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 Price                                                                $1,742,823.00

            Previous Change Orders                                                 $   127,640.52

            Contract Amount With Prior Changes                                             $1,870,463.52

            Amount of Change Order No. 4                                         $   117,272.95

            Total New Contract Price After Change Order No. 4                $1,987,736.47

            Percent Increase of Change Order No. 4                                              6.7%

            Total Percent Increase of All Change Orders                           14.1%

 

; and be it further

            RESOLVED that the Township of Montville accepts as final the Area 18 Sewer Project and releases to Underground Utilities Corporation final payment in full subject to receipt of the Affidavit of Release of Claims and Liens; and be it further

           

RESOLVED that Maintenance Bond No. 105011623M issued by Travelers Casualty & Surety Company of America in the amount of $198,773.65 is hereby accepted.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND RESOURCE SERVICES NORTH, INC.:  As per proposal dated 10/20/09, $1,562.50.  Wetland services Hatfield Creek project.

 

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

 

 

NO. 5 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NORMAN. J. GOLDBERG, INC. FOR APPRAISAL SERVICES:  O’Dowd/Changebridge Road extension – Block 57.1, Lots 1 & 1.01 and Block 58, Lot 2.  $3,600.00.

 

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

 

NO. 6 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DYKSTRA ASSOCIATES, PC FOR SURVEY SERVICES:  Starkey, Block 59.1, Lot 5 and Block 76, Lot 15.2.  $7,445.00.

 

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

 

NO. 7 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS WATER UTILITY:

 

WHEREAS, there appears to be insufficient funds the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2009

WATER

 

Payment of Bond Principal                   $4,207.01

 

WHEREAS, there appears to be a surplus in the following accounts, ((excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the year, 2009

 

                        Printing & Stationery                              $4,207.01

 

NOW, THEREFORE, BE IT RESOLVED, (not less than two thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands; and

 

BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.

 

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

 

NO. 8 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS SEWER UTILITY:

 

WHEREAS, there appears to be insufficient funds the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2009

SEWER

 

Social Security                                  $1,500.00

 

WHEREAS, there appears to be a surplus in the following accounts, ((excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the year, 2009

 

                        Par-Troy Treatment                   $1,500.00

 

NOW, THEREFORE, BE IT RESOLVED, (not less than two thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands; and

 

BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.

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

 

NO. 9 – RESOLUTION AUTHORIZING TRANSFER OF FUNDS:

 

WHEREAS, there appears to be insufficient funds the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the year, 2009

 

Twp.Committee-Montville Messenger               $5,000

                        Twp. Committee-Miscellaneous                     1,000

Finance , S & W                                               30,000  *

Roads, Snow Removal                                       30,000

Dial a Ride  OE                                             3,000

Public Assistance S & W                                  500

Public Health Nurse  S & W                            7,500

Finance OE                                                                 1,000

 

WHEREAS, there appears to be a surplus in the following accounts, ((excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the year, 2009

 

                        Tax Collection-S & W                                         $30,000 *

                        Solid Waste Disposal                                    48,000

 

NOW, THEREFORE, BE IT RESOLVED, (not less than two thirds of all members thereof affirmatively concurring) that in accordance with the provision of R. S. 40A-58, part of the surplus in the accounts heretofore mentioned be and the same is hereby transferred to the accounts, (excepting the appropriation for Contingent Expenses or Deferred Charges), mentioned as being insufficient to meet the current demands; and

 

BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized and directed to make the transfers.

 

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

 

NO. 10 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Including addendum.  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, absent; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 11 – RESOLUTION RELEASING HOME DEPOT, INC. – BLOCK 180, LOTS 1, 2 & 3 – FROM PERFORMANCE GUARANTEE:

 

            WHEREAS, Home Depot, Inc., the developer of property known as Block180, Lots 1, 2, and 3, 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, and

 

WHEREAS, the Township Engineer has recommended the waiver of a maintenance bond because the improvements have been completed for a substantial period of time; and

 

WHEREAS, the developer has presented the deeds for acceptance in conjunction with this development:

           

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 posted by Home Depot, Inc. in the form of Bond #103905110 issued by Travelers Insurance Company in the amount of $613,947.60 and cash in the amount of $68,216.40 shall be released; and

 

BE IT FURTHER RESOLVED that the maintenance guarantee is hereby waived; and

           

BE IT FURTHER RESOLVED that public improvements related to this development are hereby accepted:

 

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

 

COMMITTEE REPORTS (continued):

 

Committeeman Daughtry reported there is a citizen concerned about land use applications.  The citizen is willing to step forward and discuss it. 

 

Capital – We all made our comments.  From Recreation – hockey group/skate park – they want to erect the skate park at Metro. 

 

Bastone stated they have requested to come to a meeting to discuss.  You have requested a breakdown on the 6-year capital plan on Metro.

 

Barile stated we also have environmental issues.  Bastone stated I am happy to have them in, but I don’t want to waste anyone’s time.  I don’t think we are going to be able to give them any answers yet.

 

Braden stated he will let them know tomorrow night about the pending issues.

 

Daughtry – HPRC – glad to hear this is finally getting resolved, and we are working on it.

 

Committeeman Braden stated regarding appointments and reappointments, request attendance and minutes from Trudy.  Also, a running list of applicants. 

 

Committeeman Sandham stated a few appointments are out of whack.  Will send to Trudy.  Also, there are a few committees that are talking about increasing members.  Perhaps Long-term Financial Planning Committee having a member from the Chamber of Commerce. 

 

RESOLUTION NO. 2009-CES-111009B 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:  Potential Litigation.

 

Motion:  Daughtry.  Second:  Sandham.  All in favor except Bader – absent.  Motion approved.

 

At 9:50 p.m. – Closed Session.

 

Meeting adjourned at 10:45 p.m.  Motion:  Sandham.  Second:  Daughtry.  All in favor except Bader - absent.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

 

Approved MTC 04-13-10

 

Last Updated ( Wednesday, 14 April 2010 )
 
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