MTC Meeting Minutes 11-24-09 Print E-mail

 

Montville Township Committee Regular Meeting

Tuesday, November 24, 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.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

Also present:   Frank Bastone, Township Administrator & Acting Township Clerk

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Adam Brewer, Management Specialist

Thomas Mazzaccaro, DPW/Water & Sewer Director

Robert Oostdyk, Township Attorney

Committeeman-Elect Don Kostka

 

Absent:            Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2009-CES-112409 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 – Meadows @ Montville; Anticipated Litigation.  Contract Negotiations – White Collar; Animal Control Contracts.

 

Motion:  Sandham.  Second:  Braden.  All in favor.  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 Sandham.

 

PRESENTATION – LOWE’S:  Presentation by James Kelly, applicant’s attorney; and Kevin Boswell, applicant’s engineer.  Kelly stated there are some items the Board of Adjustment felt the governing body should review.  We are coordinating with the County the change in designation of the sewer service area.  We will send that on to you to be memorialized.  We are putting together the applications for water and sewer extensions.

 

Boswell referenced his letter/drawings dated July 31, 2009, and displayed rendering of the site plan for Lowe’s Improvement Center as well as the other retail buildings.  The plan shows a new access to be constructed on Route 46 West.  We submitted our revised application to the NJDOT.  Displayed plan of offsite improvements on Bloomfield Avenue and Chapin Road.  Also proposed is to make Chapin Road one-way to Route 46 and a cul-de-sac at the southern end of Maple Avenue.

 

The residents of Pine Brook were very concerned during our application about “cut-through” traffic.  We will agree to pay for the cost of some sort of device to be placed within the roadway of Maple Avenue at the last house.  In the alternate, if the Township Committee is of mind, that traffic calming – some sort of barricade is the preferred route – we will also finance the installation of speed tables.  Recommendation of the Zoning Board of Adjustment – implement 5-ton truck limit on Bloomfield Avenue.  That is also the jurisdiction of the Township Committee, and we will abide by whatever your recommendation is.

 

Committeeman Sandham asked if they are going to change the curbing at Route 46/Chapin Road.  Boswell answered yes – part of making Chapin Road one-way, we are proposing to remove the bump and have a full-protected lane exiting Chapin Road onto Route 46.  We will sign it that it is a one-way. 

 

Sandham asked what was going to happen on Van Winkle.  Boswell answered it is a two-way – it will stay the same.

 

Discussion regarding traffic percentages, etc.  Township Committee will be provided with a summary statement from the Board of Adjustment’s traffic engineer, Mr. Keller.

 

Chairwoman opened the meeting up to the public regarding this matter.  She reminded the public in attendance that this information is up on the website, and they are welcome to submit comments.

 

John Swauger, 48 Bloomfield Avenue, Pine Brook – concerned about traffic coming from Hook Mountain Road to Bloomfield Avenue.  We get enough traffic now.  There is a 5-ton limit on the road now that is not enforced, so truck traffic will not be limited at all.  Why can’t that access be limited to emergency vehicles only and only as an alternate exit to Chapin?

 

Gregory Krisak, 4 Redding Place, Towaco, asked why they can put speed tables in when I have been told that the Township does not allow them.  Nielson stated you are correct, it has been the recommendation of our professionals not to put speed tables in other places in the municipalities.  No final decision has been made.

 

Sylvia Walits, 16 Maple Avenue, Pine Brook, stated the exiting out of Chapin Road is going to cause a problem. 

 

Mr. Mughal, 13 Margaret Drive, Pine Brook, stated there are a lot of kids in the neighborhood.  Concerned about the additional traffic, speed, and the Route 80 east side.  You mentioned cul-de-sacs.

 

Boswell stated they are proposing to construct a cul-de-sac at the intersection of Maple Avenue and Bloomfield Avenue and are offering to barricade or dead-end Maple Avenue at the last house before you get to New Maple Avenue – if that is what the Township Committee authorizes us to do.

 

Marie Eggers, 30 Maple Avenue, Pine Brook, stated in May 2005, some residents in the area did want to put a cul-de-sac in front of our home.  A committee was formed.  The DOT sent a letter in July 2006 rejecting the closure of Maple Avenue. 

 

Herb Eggers, 30 Maple Avenue, Pine Brook, asked why can’t the access only be from Route 46?  Why do we need it on Chapin Road?  Why are we talking about traffic improvements so far away from this property?

 

Art Weber, 3 John Street, Pine Brook, stated most of us don’t want speed tables.   Maple Avenue should have dead-end.

 

Ron Cain, 41 Bloomfield Avenue, Pine Brook, stated cul-de-sacs are not the answer to control traffic.  Everyone was told the access would be Route 46.  Speed bumps are a problem.

 

Janine Olsen, 3 Adamary Place, Pine Brook, asked if widening the road has been looked at or widening the lane – Route 46.  Nielson stated, thank you, we will address that.

 

Nielson asked the Township Attorney what the Township Committee is charged with jurisdictionally.  The Board of Adjustment approved the site plan with certain configurations.  The Township Committee was charged with certain road vacations, etc.  I understand there are still concerns from residents.  What is our scope of authority?

 

Robert Oostdyk, Township Attorney, stated some of this is the jurisdiction of the Board of Adjustment.  Some of the public road issues are under your jurisdiction. 

 

Boswell stated we believe the issue of ingress/egress was resolved at the Board of Adjustment.  In a response to public concern, it was modified.  At the end, when it got to the issue of some of the local roads, the zoning board sensed there was a history to some of it, and it should go before the Township Committee.

 

Nielson stated it seems the preferable solution is to have the main ingress/egress from Route 46 to avoid the neighborhood.  I am not sure if that is within our prevue if you have an approval from the Board of Adjustment.  I need to get that clarified by our professionals.

Boswell stated we were specifically asked to modify our application to eliminate utilization of Bloomfield Avenue for ingress/egress.  We declined.  We felt it would adversely impact the application.  The board deliberated on that decision.  It was very specifically our application to have ingress/egress on Bloomfield Avenue.

 

Daughtry asked do we have specific authority to change ingress/egress to the site.

 

Oostdyk will provide a written opinion on that.

 

PUBLIC  HEARINGS:

 

NO. 1 – PERFORMANCE BOND DEFAULT – GARDENVIEW OFFICE CORP.:  Public hearing cancelled due to compliance.  Anthony Barile, Township Engineer, stated the paving was done within the deadline. 

 

NO. 2 – ORDINANCE NO. 2009-32 AMENDING CHAPTER 3.02 ENTITLED “FEES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE:

 

Chairwoman Nielson opened the public hearing. 

 

Truscha Quatrone, 4 Majorca Road, Towaco, asked about the application fee for an addition.  Bastone answered it is $25 per $1,000 cost of addition. 

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated the ordinance is not fair because most people just ignore the fees.  There are garage sales going on every weekend with no permits, no fence, addition, tree removal, or grading permits are being obtained, etc.  Some minority of the people obey the law and pay for their permits.   I think the town bears some responsibility for this.  The town doesn’t seem to be that interested in pursuing it.  I also know that some towns charge a fee for getting a certificate of occupancy for selling a home.  Permit noncompliance would come up then.  This would give more incentive for people to get permits in the first place.

 

Nielson stated your last comment is good, and we will take it under advisement.

 

Bastone stated this ordinance is the fees that are just being amended.  We do have enforcement and cite people for not taking out permits when they are supposed to.  If anyone knows of issues, we will investigate it.

 

Mike O’Brien, 92 Pine Brook Road, Towaco, stated the fee for the installation of a plumbing fixture – people don’t know there is this fee.  Is it new construction?

 

Bastone stated you don’t need a permit to replace a faucet – it is for a new toilet or sink, etc.  It needs to be installed properly.  Committeeman Braden stated these fees are part of your building permit where you would apply for an addition or a bathroom renovation.  They pay for the cost of the inspector who goes out to ensure they are installed property.

 

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

 

Motion to adopt ordinance:  Sandham.  Second:  Daughtry.  Discussion:  Daughtry asked about the burial permit $1.  Sandham stated it is probably just so there is a record.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Ordinance adopted.

 

NO. 3 – 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:

 

Chairwoman Nielson opened the public hearing. 

 

Mike O’Brien, stated as you know, I do have a problem with this ordinance.  What is the definition of a not for profit organization?  Oostdyk stated it is a nonprofit organization. 

 

O’Brien asked what “every” organization (Section 12.40.030) means.  Are there exemptions granted?  Are any organizations currently granted an exemption from filing a financial disclosure form and are still using Township facilities?  Bastone stated what we are referring to is the Township’s policy for use of Township facilities.  O’Brien asked so every group that is using a Township facility is filing a financial disclosure?  Bastone answered to my knowledge, yes.  O’Brien asked what is a facility?  Bastone answered it is a facility as defined in the policy for use of Township facilities.  There is a list in that policy.  O’Brien asked if the pavilion or baseball fields are a “facility.”  It seems a little inconsistent.  You have a fee for the use of facilities, and you have to pay to sit in the pavilion.  Bastone stated he believes the pavilion is on the list, but he would have to check on.  Bastone will give Mr. O’Brien a copy of the policy.

 

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

 

Sandham stated what we are talking about here is when a group wants to use a particular facility.  It gives them the right to use that without paying the fee for “for” profit organizations.  What this does is gives nonprofits the right to use it without a fee.  We want proof that these are in fact nonprofit organizations.  Maybe for clarification we should put in the ordinance every nonprofit organization and change the wording of the report to a statement of revenue and expenses instead of a profit and loss statement.

 

Motion to adopt ordinance with the change in wording of profit and loss to revenue and expense:  Sandham.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, abstain; Braden, yes; Nielson, yes.  Ordinance adopted.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA: 

 

Robert Lefkowitz, 81 Windsor Drive, Pine Brook, stated this week he received an alert from Nixle.  It worked, and I think it is a good addition.

 

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

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  Bastone reported the Borough of Lincoln Park has withdrawn from the joint municipal court study.  We are now down to just Kinnelon and ourselves.  I will report in the future on that.

 

Revaluation – we received a letter from Morris County Board of Taxation with an order to conduct a revaluation to be effective for 2012.  We have 45 days if we wish to talk about challenging this order.  I have this on for closed session for 12/8, and we will be talking about the pros and cons of complying with the report or the potential to request a delay.  Our Finance Officer and Tax Assessor will be in attendance at that meeting also.

 

Health Benefits – As you know, the Township is leaving the State Health Benefits Plan and joining North Jersey Employee Municipal Benefits Fund to save taxpayer dollars.  We received notification today from the State that since the Township withdrew, they are also withdrawing the Library. Due to that, we will have to enroll all full-time Library employees in the NJEMBF.  The library has been notified.

 

Sewer connection fees – the issue of sewer connection fees has been raised recently.  The setting of maximum sewer connection fees is set by State statute.  I have provided you with a copy of that along with members of the public who are interested in that.  I have asked Mr. Mazzaccaro, Water & Sewer Director, to address how the fees are established and administered.

 

Mazzaccaro reported on his memo dated 11/20/09 on how fees are established and the time requirements for connection.  I also indicated the current status of connections in Area 18.  The fee is frozen by ordinance at the time the project was started.  It is valid through the 180-day post-construction period.  In my opinion, extensions should not be granted because it would not be fair to all the people who complied throughout the years.  There is a provision for hardships, which would go through the Health Department.  There are payment plans.  This is by ordinance, and things can be changed by ordinance.

 

Sandham stated the interest rate on the payment plan is 12%.  That seems to be a high rate of interest.  By ordinance, can we bring that down, given these economic times? 

 

Mazzaccaro stated in the beginning, we did not want to become a financial institution.  We suggest to people that they first go to a bank.  12% on $5,000 for five years is not a lot.  There are administrative costs, recording costs, etc.  That 12% is included in that.  Most people pay it off.  The 12% also applies to unpaid water and sewer charges, so it is not unusual.  The payment plans are approved by the Township Committee, so you could make adjustments.

 

Sandham stated not if it is an ordinance.  Oostdyk stated he would have to check the mechanism for the interest rate – if it is by ordinance, etc.

 

NO. 2 – ATTORNEY:  No report.

 

NO. 3 – FINANCE:  Frances Vanderhoof, Finance Director, reported she rolled over some bond anticipation notes this week for the Water & Sewer Department at a rate of 1.25% for one year.

 

NO. 4 – ENGINEER:  Anthony Barile, Township Engineer, reported on the status of Camp Dawson.  The guiderail and fence has been installed.  Most of the signage is installed.  Public Works is looking to complete the remaining striping, landscaping, and the remaining signs within the next week, weather permitting.  Nielson stated she was asked to request more reflectors on the guiderails. 

 

DISCUSSION ITEMS:

 

NO. 1 – PLAUSHA PARK WATER SYSTEM:  Bastone reported they have a letter from the Plausha Park Water Company requesting that the Township take it over.  If the system is abandoned, the recommendation is that we put together a plan to extend the Township’s water system to include the 61 homes in the Plausha Park Water Company.  The cost of the new system can be addressed through assessments to the homeowners, etc.  It could also be considered for a Morris County Community Development Grant Application.  The recommendation is that I sit down with Mr. Mazzaccaro, and we meet with the water company to come up with a plan. 

 

Nielson asked do we have a petition or anything from all 61 homeowners?

 

Glenn Marsnick, 7 Forest Place, Towaco, Treasurer, Plausha Park Water Company, stated we have a situation with our water that is concerning us.  The system is over 100 years old.  Our costs are starting to overtake us.  We are here tonight to hear the information, etc.  Personally, I would like to see it happen. 

 

Nielson asked that our professionals come up with a timeframe and a plan within the next two months and to work with the Plausha Park representatives. 

 

Mazzaccaro stated their system is not going to be usable.  Everything would eventually have to be decommissioned.  We would install all new lines, etc.  It is very close to our system.  It would be a part of the Township water system.

 

Mazzaccaro and Bastone will work on a plan.  Mr. Marsnick will be the contact person.

 

Rory O’Rourke, 25 Barney Road, Towaco, stated it is $425,000 to maintain the system.  Our biggest cost right now is our water testing.  Ten or 15 years ago we took water from Montville for about a month while we repaired our system.  It is not a bad system.  I would think the town wouldn’t necessarily demolish – in the later years if there are more droughts, it wouldn’t be bad to have.

 

NO. 1 – CONCESSION STANDS:  Bastone reported that Mr. Braden was going to discuss the subject with the Recreation Commission – that the Township Attorney’s recommendation was that the stands either had to be leased to a sports organization or it has to go out to bid.  Braden stated the Recreation Commission recommends granting the request to the Soccer Association to operate the concession stand at Community Park.  The association has communicated that they will allocate all of the proceeds for the installation of lights on fields 5 and 6.  This will be kept in a separate account. 

 

Nielson stated for the record, there has not yet been permission for lighting on fields 5 and 6.  There will be public hearings – as long as the Soccer Association understands.  Braden stated that has been communicated to them.

 

Motion made by Committeeman Braden:  Move forward on entering into a lease with the Soccer Association for the Community Park concession stand.  Second:  Sandham.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

NO. 2 – METRO PARK ENVIRONMENTAL:  Bastone reported they have proposals to conduct environmental work and a survey on the balance of the property.  Subdividing the property – we have checked with Green Acres, and that does not appear to be a problem.  So, the solution to this would be to save the money here, subdivide the parcel, and only have the wetlands delineation on the portion we want to develop.  Oostdyk stated the subdivision would be done by a deed.  Township Committee agreed.

 

NO. 3 – CAPITAL BUDGET:  Bastone reported he provided answers to questions and put everything together regarding the six-year capital plan.  Are there any particular issues with any of the responses?  I know there are policy decisions to be made.  Put on future agenda.

 

NO. 4 – COMMUNITY DEVELOPMENT GRANT APPLICATION:  Bastone reported the applications are due by January 8.  Discussed with Department Heads.  My recommendation is to make application for a new Dial-A-Ride vehicle.  Township Committee agreed.

 

NO. 5 – BOARD/COMMISSION COMPOSITION:  Bastone reported on Jim Sandham’s recommendations:  Realignment of one position on the Board of Adjustment and the Recreation Commission so terms are properly staggered.  Residents’ with Disabilities Advisory Committee – change to up to seven members.  Long-Term Financial Planning Committee – create a Chamber of Commerce liaison position.  Township Committee ok with all.  RDAC and LTFPC has to be done by ordinance.

 

Braden stated the Design Review Committee members are appointed every year.  Is there a way to extend those terms so they don’t have to go through the process every year?  Oostdyk stated the advisory committees are one-year terms.  We could change it.  Nielson stated she thinks it’s good that they are one year.  I know it is onerous to fill out the forms every year.  Perhaps for those advisory committees we should have an abbreviated form.  Braden stated he will talk to the Chair.

 

Daughtry requested the liaisons to the boards and commissions to immediately notify the chairs that people up for reappointment may be affected by the term realignment.  Also, get recommendations from the chairs.

 

NO. 7 – RECREATION & OPEN SPACE INVENTORY (ROSI):  Bastone stated Adam Brewer has been working on this along with the Land Conservancy.  We submitted the ROSI.  The State has come back with additions to the ROSI.  Of the ten properties that are at issue, we need to add nine of them (listed on the chart) to the ROSI.  We cannot get open space funding until this is done.

 

Nielson stated you are sure, because there are restrictions once they get on the ROSI.

 

Adam Brewer, Management Specialist, stated these were all properties that the State actually identified through tax records.  Nielson stated I just want to make sure that there are not storm water or other improvements on there.  Brewer stated yes.

 

Township Committee consensus - accept recommendation.

 

NO. 8 – EVALUATION FORM:  Daughtry stated he and Mayor Nielson reviewed the form.  Bastone and Daughtry will go over the form, as there are redundant items.  Sandham would like clarification in the criteria/rating system.

 

NO. 9 – TRAILS GRANT:  Bastone stated we have the ability to make application for a trails grant.  The deadline is December 15.  The recommendation is to provide handicap accessibility parking and a ramp down to a handicap accessible dock at Masar Pond.  Sandham stated the RDAC is very much in favor of doing this.  Township Committee all agreed.  Resolution for December 8.

 

NO. 10 – PUBLIC CONSUMPTION OF ALCOHOL:  Nielson stated this a portion of an ordinance that was deleted in 2005.  There has been discussing about allowing, on a very limited basis, beer and wine at municipal functions at the Senior House. The permit would require approval by the Township Committee.  It also allows BYOB at some of these functions.

 

Sandham stated in section one we should put facilities instead of property and refer to specific policies.  Also, change request to 45 days in advance.

 

Township Committee discussed possible other changes.  Braden stated the original ordinance worked for years.  If there are problems, they will show themselves, and we can take another look at.

 

Committeewoman Bader stated she will not support it at all.  She doesn’t see the need for alcohol in public facilities.

 

ORDINANCE INTRODUCTION:

 

ORDINANCE NO. 2009-34 AMENDING CHAPTER 9.28 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “PUBLIC CONSUMPTION OF ALCOHOL”:

 

Ordinance with amendments referred to by Mr. Sandham is offered for adoption with on first reading with second reading and public hearing scheduled for December 8, 2009, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, no; Braden, yes; Nielson, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2009-CA19:  Motion:  Sandham.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

CONSENT AGENDA ITEM A – 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

 

H. & L. Walker

12 Hemlock Drive

Montville, NJ

Block 7, Lot 10

 

 

 

 

Soil Stabilization

 

 

 

$1,000.00

M. & M. Meswani

6 Ryan Court

Towaco, NJ

Block 102, Lot 4.12

 

 

 

Driveway

 

 

 

$2,700.00

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

 

CONSENT AGENDA ITEM B – RESOLUTION RELEASING JOSEPH E. MARINARO CONSTRUCTION COMPANY, INC., JOSEPH D. MARINARO, AND JOSEPH P. MARINARO (BLOCK 82, LOTS 5 & 10 AND BLOCK 75, LOTS 5 & 7 – MONTVILLE VIEWS) FROM PERFORMANCE GUARANTEE:

 

WHEREAS, TMB Cobuzio/Montville Views (J. Marinaro), the developers of property known as Block 82, Lots 5 and 10, has, pursuant to N.J.S.A. 40:55D-53, the Municipal Land Use Law, notified the Township that certain off-track improvements have been completed and 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 that certain repairs be made prior to the release of the Performance Guarantee covering such improvements; and

           

WHEREAS, the repairs to be made are as set forth in a memorandum dated October 1, 2009 prepared by the Engineering Department; and

 

WHEREAS, the developer has contracted with Grimal Enterprises to complete the repair items required by the Township Engineer; and

            WHEREAS, Grimal Enterprises has agreed to complete the repairs based upon the agreement by the developer to release $18,000.00 of the money being held as a Performance Guarantee to Grimal Enterprises; and

           

WHEREAS, Joseph Marinaro, on behalf of the developer, has authorized, in writing, the Township to release $18,000.00 to Grimal Enterprises from the money being held in escrow so that the repairs required by the Township Engineer can be completed; and

           

WHEREAS, the Township Engineer has recommended waiving a Maintenance Guarantee because the project was completed a substantial time ago and because of the repairs the developer has agreed to do.

           

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 Township of Montville releases TMB Cobuzio/Montville Views (J. Marinaro) from liability under the cash Performance Guarantee posted in conjunction with Planning Board Application No. PMSP/F88-39, Block 82, Lots 5 & 10, subject to final inspection by the Township Engineer, and the Clerk is hereby authorized and directed to release the following Performance Guarantee being held by the Township upon notification by the Township Engineer of successful completion of such repairs:

 

-           Cash in the amount of $18,000.00 to be released to Grimal Enterprises; and

            -            Cash in the amount of $8,556.73 to be released to Joseph Marinaro.

           

            Section 2.      The requirement for a Maintenance Guarantee is hereby waived.           

 

Section 3.      The following road is hereby accepted as a public road in conjunction with this development:

 

            -            Ashland Drive (Msgr. Ferritto Way); and

-            Ellerhausen Drive.

           

Section 4.      The Township Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the attorney for the developer, the Township Finance Officer, and the Land Use Administrator.

 

CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2009 Municipal Budget:  Revenue title:  NJ Solid Waste Award $25,411.50.  Appropriation title:  Recycling Tonnage Grant $25,411.50.  Local Match - source:  None.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE SUBMISSION OF A PETITION FOR PLAN CONFORMANCE TO THE HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL FOR LAND IN THE PRESERVATION AREA:

 

WHEREAS, the Highlands Water Protection and Planning Act (Highlands Act), 13:20-et seq., finds and declares that protection of the New Jersey Highlands is an issue of State level importance because of its vital link to the future of the State’s drinking water supplies and other significant natural resources; and

 

WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a Regional Master Plan for the Highlands Region; and

 

WHEREAS, the Highlands Act Requires that within nine to 15 months after the effective date of the Regional Master Plan, September 8, 2008, each municipality located wholly or partially in the Preservation Area shall submit revisions to the municipal master plan, development regulations and other regulations, as applicable to the development and use of land in the Preservation Area, as may be necessary to conform them with the goals, requirements and provisions of the Regional Master Plan (Plan Conformance); and

 

WHEREAS, The Township of Montville is located in the Highlands Region with lands lying within the Preservation Area, as defined by the Highlands Act; and

 

WHEREAS, the Highlands Council prepared and distributed to the Highlands municipalities Plan Conformance Guidelines outlining the process and procedures for petitioning the Highlands Council for Plan Conformance; and

 

WHEREAS, the Highlands Council’s Plan Conformance Guidelines also require that a Petition for Plan conformance be filed with the Highlands Council no later than December 8, 2009, which includes a comprehensive package of planning and implementation documents that meet the requirements of the Highlands Act, the Regional Master Plan and the Highlands Plan Conformance Guidelines.

           

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville hereby authorizes the submission of a Petition for Plan Conformance to the Highlands Council for that portion of our jurisdiction lying within the Preservation Area in accordance with the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines.

 

Motion:  Daughtry.  Second:  Sandham.  Discussion:  Nielson stated this is the preservation area.  28% of the municipality is within the preservation area.  The Highlands Act requires us to conform to the Highlands Master Plan for the preservation area by December 8, 2010.

 

Township Committee consensus they are not happy with aspects of the Highlands Act.  Would like to memorialize that in a resolution.  Do we have to opt-in on this tonight?  Oostdyk answered yes, to the preservation area.

 

Nielson stated she feels there are serious issues with the Highlands Act.  She requested the Township Committee go on record petitioning the State to make changes or perhaps repeal the act.  Would like to put forth in a resolution for next meeting.

 

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

 

RESOLUTION NO. 2 – AUTHORIZING THE AWARD OF CONTRACT FOR THE REDEVELOPMENT & PUMP REPLACEMENT INDIAN LANE WELL NO. 2 PROJECT (CONTRACT 2008.25):

 

WHEREAS, three bids were received for the Redevelopment & Pump Replacement Indian Lane Well No. 2 Project (Contract 2008.25); and

           

WHEREAS, the lowest responsible bid of $73,900.00 was received from William Stothoff Co., and;

           

WHEREAS, the amount bid is within the established budget for the project and the Township Engineer has recommended the award to William Stothoff Co.

           

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 William Stothoff Co. shall be awarded the Contract for the Redevelopment & Pump Replacement Indian Lane Well No. 2 Project (Contract 2008.25) in an amount of $73,900.00.

 

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

 

NO. 3 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO CROSS ROADS PAVEMENT MAINTENANCE, LLC SUBJECT TO RECEIPT OF MAINTENANCE BOND AND AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Cross Roads Pavement Maintenance, LLC is the contractor for the 2009 Supplemental Road Resurfacing Program; and

           

WHEREAS, Anthony P. Barile, Jr., P.E., the Township Engineer, has recommended that the 2009 Supplemental Road Resurfacing Program be accepted by the Township and that final payments be made; and

           

WHEREAS, Cross Roads Pavement Maintenance, LLC 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 Township of Montville accepts as final the 2009 Supplemental Road Resurfacing Program and releases to Cross Roads Pavement Maintenance, LLC final payment in full; and be it further

           

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

 

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

 

NO. 4 – RESOLUTION AUTHORIZING THE FINAL PAYMENT TO BULK STORAGE, INC. FOR THE SALT STORAGE BUILDING PROJECT AND THE ACCEPTANCE OF A MAINTENANCE BOND SUBJECT TO RECEIPT OF AFFIDAVIT OF RELEASE OF CLAIMS AND LIENS:

 

WHEREAS, Bulk Storage, Inc. is the contractor for the Salt Storage Building Project; and

           

WHEREAS, the Township Engineer has recommended that the Salt Storage Building Project be accepted by the Township, and that final payments be made; and

           

WHEREAS, Bulk Storage, 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 Township of Montville accepts as final the Salt Storage Building Project and releases to Bulk Storage, Inc. 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. 0469415 issued by International Fidelity Insurance Company in the amount of $466,860.00 is hereby accepted.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills with addendum and amendment to Unified Data corporation $2,830.00 amount changed to approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Daughtry.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

ORDINANCE INTRODUCTION:

 

ORDINANCE NO. 2009-35 OF THE TOWNSHIP OF MONTVILLE, MORRIS COUNTY, NEW JERSEY, AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $75,000:  Bonnieview.

 

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

 

RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:  Block, 109, Lot 27, Lien Redemptions Certificate #08-00013, $586.67.  To CCTS Capital, LLC.

 

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

 

COMMITTEE REPORTS:

 

Committeeman Braden – no report.

 

Committeewoman Bader wished everyone a Happy Thanksgiving.

 

Committeeman Sandham stated they need someone to swear-in the new elected official at the reorganization meeting.  Also, suggested inviting Chris Christie to the meeting. 

 

At the League of Municipalities, there was a forum on red tape.  I asked Mr. Bastone to put this out to the Department Heads and put forth a list to send to Trenton.  Also, there was discussion on e-government at the League.  Would like to discuss at a future meeting for the possibility of increasing efficiency, etc.

 

Committeeman Daughtry spoke regarding a retired police officer and the new health benefits policy regarding dependents.  Mr. Bastone will follow up.

 

Relay for Life – received letter from Campagna with concerns.  Would like to address that.  I would like Committeeman Braden to chair this year.

 

Goals and objectives – scheduled for the first meeting of the year.  Want to make sure everyone has a copy and that everyone who has comments, please get them to me.

 

Chairwoman Nielson reported she was contacted by a member of the Board of Education regarding the Every Drop Counts program.  They are interested in pursuing this program.  They are asking if the Township Committee would consider subsidizing this program.  Also, she informed me that the program is now copyrighted, so they are not able to utilize some or all of it.  Would like the Administrator to find out what this means – the copyrighting. 

 

Planning Board/Board of Adjustment professional fees.  There is some interest by both boards in having the same professionals for both boards so there is some synergy and perhaps some cost reduction.  They are requesting a letter to the chairs of both boards from the Township Committee to suggest reviewing the professionals – engineers/planners - for the upcoming year.  Oostdyk stated he and Mr. Bastone will give advice to Linda White administratively.  Nielson stated and also the chairs.

 

Sustainability issues.  Have a group of people interested in going forward with me on this to achieve some efficiency in energy usage.  This is part of the sustainability certification process.

 

Meeting adjourned at 11:10 p.m.  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Approved MTC 04-13-10

 

Last Updated ( Wednesday, 14 April 2010 )
 
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