Montville Township Committee Regular Meeting
Tuesday, December 8, 2009, 7:00 p.m.
Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey
7:00 p.m. – Statement of Open Public Meetings Act Compliance read by Chairwoman Deborah Nielson: “As required by the Open Public Meetings Act, adequate Notice of this meeting has been provided which Notice specified the time and place of the meeting to the extent known at that time. The Notice was posted on the bulletin board at the Municipal Building, mailed to The Daily Record, The Star Ledger, and The Citizen as well as other newspapers and it was placed on file in the Township Clerk’s office. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act.”
Roll call Township Committee:
Present: Committeeman Art Daughtry (7:02 p.m.)
Committeeman James Sandham, Jr.
Committeewoman Jean Bader
Committeeman Tim Braden
Chairwoman Deborah Nielson
Also present: Frank Bastone, Township Administrator
Frances Vanderhoof, Director of Finance
Anthony Barile, Township Engineer
Adam Brewer, Management Specialist
Martin Murphy, Township Attorney
Gertrude Atkinson, Township Clerk
Committeeman-Elect Don Kostka
RESOLUTION NO. 2009-CES-120809 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; and Dellechiaie; Potential Litigation; Attorney-Client Privilege – Lowe’s; and Library Board appointment; Contract negotiations – White Collar; Revaluation.
Motion: Sandham. Second: Bader. All in favor except Daughtry - absent. Resolution adopted.
At 7:00 p.m. – Closed Session. Daughtry arrived. At 8:10 p.m. – Public Session.
Chairwoman Nielson read the Statement of Open Public Meetings Act Compliance again for the record.
Prayer and Pledge of Allegiance led by Committeewoman Bader.
PUBLIC HEARINGS ON ORDINANCES FOR FINAL ADOPTION:
NO. 1 – ORDINANCE NO. 2009-34 AMENDING CHAPTER 9.28 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE ENTITLED “PUBLIC CONSUMPTION OF ALCOHOL”:
Chairwoman Nielson opened the public hearing. Hearing no comments, Chairwoman Nielson closed the public hearing. Motion: Sandham. Second: Braden. All in favor. Motion approved.
Committeewoman Bader stated she would not allow consumption of alcohol on public property.
Motion to adopt ordinance: Sandham. Second: Daughtry. Roll call vote – Daughtry, yes; Sandham, yes; Bader, no; Braden, yes; Nielson, yes. Ordinance adopted.
NO. 2 – ORDINANCE NO. 2009-35 OF THE TOWNSHIP OF MONTVILLE AUTHORIZING A CAPITAL EXPENDITURE FROM THE OPEN SPACE DEDICATED TRUST FUND IN THE AMOUNT OF $75,000: Bonnieview.
Chairwoman Nielson opened the public hearing. Hearing no comments, Chairwoman Nielson closed the public hearing. Motion: Bader. Second: Braden. All in favor. Motion approved.
Motion to adopt ordinance: Sandham. Second: Daughtry. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Ordinance adopted.
PRESENTATION TO JEAN BADER BY SENATOR JOE PENNACCHIO: Senator Joe Pennacchio, District 26, presented Jean Bader with a citation for her service to the Township as a member of the Township Committee for six years.
NO. 1 – ADMINISTRATOR: Frank Bastone, Township Administrator, reported on the ROSI. He stated that Mr. Brewer wanted everyone to know that there is one property with a detention basin on it. He did check with Green Acres, and that is ok.
Community Park Turf Field Soccer Monument – the situation was investigated by the Joint Insurance Fund. The monument has met the standards and has been approved by JIF.
NO. 2 – ATTORNEY: No report.
NO. 3 – FINANCE: Frances Vanderhoof, Director of Finance, reported the refunding of the 2002 bonds is going to begin at the start of the year.
NO. 4 – ENGINEER: No report.
NO. 1 – SIX-YEAR CAPITAL PLAN:
Nielson stated we had questions at the last meeting about the plan. The questions have been answered.
Bastone suggested you have all the answers, unless anyone needs further clarification, I might suggest that we ask does anybody have anything that they feel should be deleted from the plan.
Nielson stated some of them are policy decisions in general. Sandham stated some of them are cost decisions.
Township Committee discussed and agreed on the following:
Engineering - road resurfacing: Don’t reduce 2010. Keep at $300,000 for 2011 to 2015.
Finance – collection & billing center: delete the $30,000.
Construction vehicle: clarify the cost.
Changebridge Road sidewalks: Did not yet receive answer from the Safe Routes to Schools grant. Barile stated it can be submitted through the regular DOT program, which may give it some partial funding. Would need to coordinate with the County – they may have to author the application. Nielson stated this is a safety issue. Daughtry stated we should still go to PSE & G to fund a path in the back of Lazar.
Sandham stated the question I raised should all of the funding be in one year. Township Committee agreed move forward with the project.
Changebridge Road extension $800,000: Barile stated that is construction costs. The County would take care of signal modifications. Leave in.
Metro Park $2 million: Just budget $750,000 for the site work support infrastructure. Eliminate the cost of the skate park, roller rink, and tennis courts. Leave it up to the organizations to fundraise.
Facilities – VFW ADA compliance: 2010 $12,000.
Health - copy machine: Purchase.
Recreation – sinking fund for Camp Dawson turf. Verify the dollar amount.
Masar Park lighting upgrade: Delete.
Library – delete. Library is funding on their own.
Sewer Area 8-2: leave in. Sewer Area 20-3: delete. David Drive, Joan Drive & Gregory Drive: leave in.
Vehicles – replacement costs: Daughtry stated budget amount for plow is high. Bastone to verify estimates for all of the vehicles/equipment requested in the next two years.
Land Use vehicle $20,000: Leave in.
Bastone will revise the six-year capital plan and have DPW revisit the cost estimates.
NO. 2 – PRELIMINARY MUNICIPAL BUDGET 2010: Bastone reported the Township Committee received documents in their packets – 2010 operating expenses and salary/wages requests with his recommendations. There are analytical assumptions – revenues, surplus, state and federal programs offset by revenue, and reserve for uncollected taxes. If you look at the overall budget based on the actual requests, it is a $595,000 increase. 85% of those are in insurance, pension, social security, capital improvement fund, bond principal, and reserve for uncollected taxes. Provided spreadsheet that provided for increase or decreases of $10,000 or more. He is asking the Township Committee to take a look at this and see what our goals will be. Sandham requested the actual 2009 numbers. Bastone stated when you get the actual budget binder in January, you will have that.
NO. 3 – GOVERNOR-ELECT’S RED TAPE REVIEW: Bastone reported he met with the Department Heads and had them submit their suggestions. This is a wish list. Township Committee to review and submit comments to the Administrator by Friday. He will review the priorities. COAH is a big one. Sandham stated this is our chance to send items down and get it on the record.
NO. 4 – EVALUATION FORM: Nielson stated they have a draft form that was done by Mr. Daughtry and Mr. Bastone. Each member of the Township Committee is to fill it out by the end of the month and submit to her.
NO. 5 – SUSTAINABLE COMMUNITY ADVISORY COMMITTEE: Nielson stated the Township has applied to be a sustainable community. That requires us to create a green team. There is a resolution on to create an advisory committee. We have commissioned an energy audit. Sandham asked how other people can get involved. Nielson stated they should contact her or Adam Brewer.
PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA: Chairwoman Nielson opened the public portion.
David Iacoviello, Old Bridge, New Jersey and William Paterson University, Society of American Youth Secularists, stated he has received e-mails from a concerned resident in Montville, anonymous to me and you, regarding the display of the nativity scene as well a menorah on Township property. Basically, past court cases have deemed this unconstitutional – to promote displays promoting one religion and not another. My concern is that it be removed.
Mr. Iacoviello submitted copies of past court cases to the Township Attorney.
Nielson thanked Mr. Iacoviello and stated they will review, consult with the Township Attorney, and come to a decision.
Hearing no further comments, Chairwoman Nielson closed the public portion. Motion: Daughtry. Second: Sandham. All in favor. Motion approved.
RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2009-CA20: Motion: Sandham. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING 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:
TYPE OF BOND
AMOUNT TO BE
4 Baldwin Court
Block 59.2, Lot 3.9
So. Salem St. Assoc.
c/o Delaware Hudson
330 Changebridge Road, Suite 101
Block 156, Lot 30.01
Parking Lot Signs
BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the Chief Financial Officer.
CONSENT AGENDA ITEM B – RESOLUTION AUTHORIZING THE PROCESSING OF CERTAIN TAX SALE CERTIFICATE REDEMPTIONS:
BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the following tax sale certificate redemption be processed by the department of Finance:
Block 76 Lot 8 Qualifier C012C
19 Davenport Road
Lien Redemption Certificate #08-00007 $ 422.38
To: CCTS Capital LLC
Block 123 Lot 21 Qualifier CN2B0
150 River Rd, Unit N2B
Premium Money $ 3,700.00
Lien Redemption Certificate #07-00021 $12,256.95
Total Payment $15,956.95
To: Plymouth Park Tax Service LLC
Block 139.11 Lot 13.05
54 Gabriel Drive
Lien Redemption Certificate #07-00026 $ 8,714.84
To: Plymouth Park Tax Service LLC
Block 11 Lot 13
31 Lenape Drive
Lien Redemption Certificate #09-00002 $ 578.74
To: Palmisano, Robert or Nancy
CONSENT AGENDA ITEM C – RESOLUTION AUTHORIZING VARIOUS TAX REFUNDS – OVERPAYMENTS 2009:
WHEREAS, due to duplicate payments received creating an overpayment of tax for the year 2009; and
WHEREAS, it is the recommendation of the Tax Collector that these monies are refunded;
NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw a check in the amount of overpayment to:
Block 109 Lot 27
8 Bonnie Lane
Russell Lee Herko, Counselor at Law $ 539.20
Block 39.11 Lot 78
440 Route 202
Orkin’s Retail Centers, LLC $15,980.42
Block 52 Lot 33 Qualifier C100D
17 Tiffany Court
Kideckel, Michael & Jamie $ 2,273.65
Block 151.1 Lot 6
2 Rand Road
Cannilla, Elissa & Anthony $ 3,563.01
CONSENT AGENDA ITEM D – RESOLUTION AUTHORIZING PAYMENT PLAN AGREEMENTS FOR SEWER CONNECTION FEES FOR FOUR PROPERTIES LOCATED IN THE TOWNSHIP OF MONTVILLE:
WHEREAS, the following owners of property located in the Township of Montville have requested the approval of the Township to pay for their sewer connection fees through a payment plan agreement:
Anthony & Deborah Sia, 193 Pine Brook Road, Montville
John & Sandra Pressimone, 92 Hook Mtn. Road, Montville
M. Douglas Friedman, 129 Hook Mtn. Road, Montville
Ernest H. III & Lori A. Sickler, 115 Hook Mtn. Road, Montville
WHEREAS, the Township permits installment payments or postponement of payments for connection fees when appropriate.
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 sewer connection fees for the above referenced properties located in the Township of Montville may be paid through a payment plan agreement under conditions stated in the agreement.
CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2010 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE COUNTY OF MORRIS:
WHEREAS, 2010 Community Development Block Grant Funds are available through the County of Morris; and
WHEREAS, a public meeting was held on December 8, 2009 to discuss applications for such funds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate officials are hereby authorized to execute and submit a 2010 Community Development Services application for a Dial-A-Ride Van and Turning Automotive Seating System for $30,000.
CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE SUBMITTAL OF 2010 RECREATIONAL TRAILS PROGRAM GRANT APPLICATION TO THE NJDEP:
WHEREAS, 2010 Recreational Trails Grant Funds are available through the State of New Jersey Department of Environmental Protection; and
WHEREAS, a public meeting was held on December 8, 2009 to discuss applications for such funds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate officials are hereby authorized to execute and submit a 2010 Recreational Trails Program Grant Application for Montville Township Masar Park Handicap Accessibility for $20,000.
CONSENT AGENDA ITEM G – APPROVAL OF LIMOUSINE OWNER’S AND DRIVER’S LICENSE RENEWAL 2010: Joseph Laspina.
NO. 1 – RESOLUTION AUTHORIZING THE FILING OF SUBDIVISION DEEDS FOR PROPERTY OWNED BY THE TOWNSHIP OF MONTVILLE AND KNOW AS BLOCK 131, LOT 15:
WHEREAS, the Township of Montville is the owner of real property known as Block 131, Lot 15 as shown on the Tax Map of the Township of Montville and also known as the Metro Property; and
WHEREAS, the Township Committee finds that it would be in the best interest of the Township to subdivide this property in to two lots to be known as Block 131, Lot 15.01 and Block 131, Lot 15.02 as described in the proposed descriptions attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to prepare and execute Deeds subdividing Block 131, Lot 15 in to two lots to be known as Lots 15.01 and 15.02 as described in the proposed descriptions attached hereto.
Motion: Sandham. Second: Bader. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 2 – RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MUNICIPAL SERVICES BETWEEN THE TOWNSHIP OF MONTVILLE AND THE MEADOWS HOMEOWNERS’ ASSOCIATION:
WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2, et seq., and amendments thereto, provides in pertinent part that qualified private communities are entitled to receive certain municipal services; and
WHEREAS, the Act provides that in lieu of providing certain municipal services to the private community the Township may opt to financially reimburse the private community; and
WHEREAS, N.J.S.A. 40:67-23.8 provides that nothing in the Municipal Services Act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community.
WHEREAS, The Meadows is a qualified private community, as defined under the Act, and the Township of Montville is a municipality governed by the Act; and
WHEREAS, the Township and The Meadows Homeowners’ Association have mutually agreed to the providing and receiving of certain required services, the reimbursement for other required services not provided, and the provision of additional services that primarily serve public purposes, all as set forth in an Agreement for Municipal Services; and
WHEREAS, N.J.S.A. 40:67-23.5 requires a written agreement to annually reimburse a qualified private community.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to execute an Agreement for Municipal Services between the Township of Montville and The Meadows Homeowners’ Association in the form attached hereto.
Motion: Braden. Second: Sandham. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 3 – 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;
Tax Collection, OE Tax Sale Ads $2,000.00
Construction, OE 400.00
Health, OE 400.00
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;
Solid Waste Disposal $2,800.00
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: Sandham. Second: Braden. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 4 – RESOLUTION ESTABLISHING A SUSTAINABLE MONTVILLE ADVISORY COMMITTEE:
WHEREAS, the Township Committee of the Township of Montville strives to save tax dollars, assure clean air and water, improve working and living environments to build a community that is sustainable economically, environmentally and socially; a community which would thrive well into the next century; and
WHEREAS, the Township Committee of the Township of Montville wishes to build a model of government which benefits our residents now and far into the future with green community initiatives which are easy to replicate and affordable to implement; and
WHEREAS, in an attempt to focus attention on sustainable issues, the Township Committee wish to establish a Sustainable Community Advisory Committee.
THEREFORE, BE IT RESOLVED, that Township Committee of the Township of Montville, County of Morris, State of New Jersey, does hereby establish a Sustainable Montville Advisory Committee consisting of members, who shall be residents, employees of Montville Township, or members of the local business community.
Sustainable Montville Advisory Committee: Anthony Angiolini, Tim Braden, Adam Brewer, Victor Canning, Karen Cortellino, Anthony Garrett, Matthew Kayne, Peter Kearns, Margaret Lam, Gary Lewis, Kathy Lindert, Margaret Miller, Jim Muhaw, Deb Nielson, Ron Soussa, Tina Turi-Shelly, Andrea Wong.
Motion: Bader. Second: Sandham. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
NO. 5 – RESOLUTION AUTHORIZING THE LISTING OF BILLS AND SIGNING OF CHECKS: Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks. Motion: Sandham. Second: Bader. Discussion: Invoices regarding reimbursements for Historical Society and HPRC. Are we going down a road we pledged in the past we would not go down? Has the Township communicated to the Chairperson that we would not fulfill these requests if they are not properly requisitioned? Vanderhoof answered yes, I have told her to come to the Township, and she is still doing it on her own. Daughtry stated he will carry the message back. Township Committee agreed to remove the items from the bill list until there is proper documentation. Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes. Resolution adopted.
Chairperson Nielson stated thank you to Mrs. Bader. She served six years with us. Thank you to Ivan and the boys. Thank you to my colleagues for having me as Mayor in 2009. We will be going forward and rotating the Mayor ship.
December 15 meeting, 6:30 p.m., discussion regarding board and commission appointments.
Reorganization meeting January 5, 2010. 7 p.m. Regular meeting January 12, 2010.
Merry Christmas, Happy Hanukah, Winter Solstice or whatever religion you are.
Committeeman Sandham stated Jean Bader we will see you on the 5th. Reorganization meeting on the January 5th is open to everyone. There are still committees that are looking for members. Merry Christmas, Happy Hanukah, Happy Holidays.
Committeeman Braden stated Relay for Life - would propose we set up a subcommittee and meet with them sooner than later. Daughtry and Braden will be on the subcommittee.
Thank you to Jean Bader for her service. I appreciate her input and advice.
Committeeman Daughtry stated animal shelter – where are we on the exposure with that deposit? Schedule for closed session agenda.
Daughtry stated Metro – Recreation meets this Wednesday. I will be available at their meeting if they have any questions.
BPU status? Murphy stated they notified the BPU and they have to put it on their agenda. He has not heard from them.
Daughtry stated Jean Bader; it has been a lot of fun. Thank you. You might be back!
Committeewoman Bader stated it has truly been an honor to serve all the residents for the last six years and an honor to work with you. I have made a lot of friendships. Good luck to Mr. Kostka. This is just one chapter that is closing. The next one is yet to come. I look forward to seeing you all in town.
Meeting adjourned at 9:15 p.m. Motion: Daughtry. Second: Sandham. All in favor. Motion approved.
Gertrude H. Atkinson, Township Clerk