MTC Meeting Minutes 08-12-08

 

Montville Township Committee Regular Meeting

Tuesday, August 12, 2008, 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.”

 

Present:          Committeeman Art Daughtry (arrival 7:05 p.m.)

Committeeman James Sandham, Jr.

                        Committeewoman Jean Bader

                        Committeeman Tim Braden

                        Chairwoman Deborah Nielson

 

Also present:  Frank Bastone, Township Administrator

Frances Vanderhoof, Director of Finance

Anthony Barile, Township Engineer

Thomas Mazzaccaro, DPW/Water & Sewer Director

Martin Murphy, Township Attorney

Gertrude Atkinson, Township Clerk

 

RESOLUTION NO. 2008-CES-081208 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:  Personnel; Contract Negotiations – Board of Education; and First Aid Squad; Property Acquisition; Tax Appeal - Block 82.14, Lot 22; Litigation – Woodmont Sewers.

 

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

 

At 7:02 p.m. – Closed Session.  At 8:10 p.m. – Public Session.

 

Chairwoman Nielson read the Statement of Open Public Meetings Act Compliance again for the record.

 

Prayer and Pledge of Allegiance led by Committeewoman Bader.

 

RECOGNITION OF MICHAEL BREZNAK AND CEDAR HILL SCHOOL FOR BATTERY RECYCLING PROGRAM:  Proclamation presented to Michael Breznak in recognition of his hard work and dedication as Chairperson of the Tools for Schools Kids Committee Battery Recycling Program.  Proclamation for Cedar Hill School also presented to Michael in recognition of all of the students and Mrs. Lundquist, teacher liaison.  Michael, the committee, and the students recycled over 500 batteries within two months of the program.

 

RECOGNITION OF VALLEY VIEW SCHOOL 5TH GRADE FOR FOOD PANTRY DONATION:  Proclamation presented to the Class of 2008 5th Grade for organizing a food drive to benefit the Food Pantry serving Montville Township and Boonton residents.  They also donated $2,025 to the Food Pantry.  Lucille Rockis, Public Assistance Director, accepted the $2,025 donation on behalf of the Food Pantry.  Accepting the Proclamation were 5th grade students Mary Kate Corcoran, Jessica Krentz, and Jennifer Tella.

 

PRESENTATION OF PROPOSED FUNDRAISER BY ALEXI CORHAM:  Alexi is a sophomore at the high school.  She presented a proposal for a fundraiser wherein she would sell “MontvilleOpoly” games.  The funds raised would be to help build a school and library in Kenya.  Local businesses would buy spaces on the MontvilleOpoly game board or sponsor the play money, etc.  The game would then be sold for approximately $20.

 

Alexi requested that the Township Committee give their sponsorship and pose for a photo op with her for press releases.  Township Committee agreed.  Chairwoman Nielson also suggested that Alexi contact the Chamber of Commerce.

 

DISCUSSION ITEMS:

 

NO. 1 – BARN THEATRE LOTTERY DRAWING FOR BENEFIT PERFORMANCE:  The Glass Menagerie, September 25, 2008.  Michael Breznak drew the names in the following order:

 

Towaco Civic Association

Rotary Club

Historical Society

Montville Pet Parents

MTHS Stage

Montville Baseball/Softball Association

Knights of Columbus

Kiwanis Club

 

If the winner (TCA) cannot host the show for some reason it goes to the next group (Rotary) and so on.  If the TCA wants to get a group to co-sponsor with them – they must first approach Rotary and so on.

 

NO. 2 – METRO PARK SITE PLAN:  Hold.  Subcommittee not present.

 

NO. 8 – PSE&G TRANSMISSION LINE:  Frank Bastone, Township Administrator, stated PSE&G has selected Route B, which runs through the existing right-of-way in Montville.  The new line is impacting six other municipalities in Morris County.  I feel we should best approach this on a regional level.  We have had some State and regional officials interested in the process.

 

Nielson stated they received a letter from John Alexander regarding a Citizens Action Group and joining forces with other towns.  They also received a letter from the Mayor of East Hanover that he supports this endeavor.  I wanted to acknowledge some of these e-mails on the record.

 

Bastone stated Senator Pennacchio is in support of a regional effort.  Nielson stated we want to reach out to our legislators and the other towns and have a meeting here possibly in September.  Possibly bring in PSE&G to answer questions.

 

Nielson – also received an e-mail from Tina Turi-Shelley regarding the vegetation removal.  She is requesting we write to PSE&G requesting a moratorium on the cutting.  Township Committee – ok.  Daughtry stated the letter should go to the BPU also.

 

Bastone stated I sent an e-mail to PSE&G asking if they intend to do any more cutting.  If they are, then we should follow up with a formal letter.  Nielson requested he copy these residents so they know what they are doing. 

 

Committeeman Sandham asked do we trust what PSE&G is doing?  I would rather attack it now whether they have plans to do it this year or not.  Nielson stated they (BPU) are having hearings now to, perhaps, modify their policy. 

 

Township Committee all agreed – send out letters.

 

Nielson stated for the public – there is information on our website.  We have asked PSE&G to provide answers to questions and have asked for testing to be done.  We have not heard from them on that.  We will keep the website up to date when we hear from them.

 

NO. 5 – DRIVER CRITERIA POLICY:  Bastone stated you have the revised recommended policy. 

 

RESOLUTION ADOPTING A TOWNSHIP DRIVER CRITERIA POLICY:

 

WHEREAS, the Township Committee has determined that it is necessary to adopt a policy governing the driver criteria for use of Township owned vehicles.

 

            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 driver criteria policy for use of Township owned vehicles is hereby approved and adopted and shall be implemented as soon as possible:

 

DRIVER CRITERIA POLICY

  

The Township of Montville (hereinafter referred to as the Employer) is committed to keeping fleet accidents to a minimum.  A key to the success of this program is to make every effort to assure that only qualified drivers are operating vehicles on behalf of the Employer.  For that reason, we order Motor Vehicle Reports (MVRs) on all employees driving Employer vehicles.  MVRs will be obtained prior to hiring and annually thereafter.  Those people who do not meet the criteria set out below will not be permitted to drive on behalf of the Employer.

 

The following grading system is for the evaluation of drivers’ MVRs.  A check mark should be placed in the squares prior to the appropriate number to indicate the driver’s grade.  The grading system for employee driving records is as follows:

 

[ ]        1.  Acceptable.  No moving violations and/or accidents over the last 36 months.

[ ]        2.  Marginal:  Up to 2 moving violations and/or accidents in the last 36 months.

[ ]        3.  Probation:  Up to 3 moving violations and/or accidents within the last 36 months.

[ ]        4.  Unacceptable: More than 3 moving violations and/or accidents within the last 36

months or more than 2 moving violations and/or accidents within the most recent

year.

 

Any of the below violations will be considered an automatic unacceptable grading:

 

                                                                                Date of Offense

 

[ ]        Driving while under the influence (DWI or DUI)                                                  

[ ]        Leaving the scene of an accident                                                                                               

[ ]        Careless or reckless driving violations                                                                    

[ ]        Homicide or assault through the use of a motor vehicle                                    

[ ]        Drivers who currently have a revoked or suspended license                                    

[ ]        Attempting to elude a police officer                                                                         

[ ]        Passing a school bus                                                                                                       

 

All employees authorized to drive vehicles owned or controlled by the Employer shall have their MVRS reviewed annually prior to entrustment of a vehicle.

 

Drivers with acceptable, marginal or probation grading may be allowed to operate Employer’s vehicles.

 

Drivers with marginal or probation grading shall have their MVRs reviewed semi-annually.  Any increase in violations or accidents will result in removal of driving privileges.

 

Drivers with unacceptable grading will not be permitted to operate an Employer owned vehicle.

 

If an accident is shown on an MVR, it shall be assumed that it is an at-fault, chargeable accident.  Any change to such a classification will be made only upon receipt of a police report or ruling from our Safety Committee showing that the driver in question was not at fault.

 

Motion:  Daughtry.  Second:  Braden.  Discussion:  Sandham stated we have taken personal vehicles out of this, and if they are authorized to use their personal vehicle for Township business, we are still liable, but they are not subject to the driver criteria.  Murphy stated yes we are liable, if they are authorized.  Sandham stated they are not subject to review, but we are still liable.  Bastone stated that concern was brought up two weeks ago by the Township Committee, and I changed it.  All in favor.  Resolution adopted.

 

NO. 6 – BANKING SERVICES REQUEST FOR PROPOSALS:  Bastone reported we went out for banking proposals.  They were reviewed by the Long-Term Financial Planning Committee.  The recommendation is that we stay with Lakeland Bank.

 

Frances Vanderhoof, Director of Finance, stated we sent the request for proposals to six banks.

It has been four years that we have been with Lakeland Bank.  Four proposals came back.  The recommendation is to stay with Lakeland Bank.  They came back with the highest rate for the longest period of time. 

 

Sandham stated Lakeland was willing to give us the minimum interest rate that would yield $150,000 more on an annual basis.

 

Vanderhoof stated Lakeland will also continue to support the 4th of July with their annual donation.

Motion:  Sandham.  Second:  Nielson.  Discussion:  Committeewoman Bader stated I would not determine this based on their contribution to the 4th of July.  Nielson stated this stands alone.  Sandham stated it is not tied to this agreement.

 

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

 

NO. 7 – MONTVILLE MESSENGER:  Bastone reported the Chamber of Commerce would like to publish their award nomination process in the Montville Messenger to expand it to the Township.  They would like to do a half page.  The policy now is to charge the publishing rate for exceeding their allocation of space, which is $250 per page.  Township Committee – ok.

 

NO. 3 – RECREATION PARTICIPATION ASSESSMENT:  Bastone stated they need to clarify the use of the funds and provide further detail in the ordinance.  Referred to August 7 memo from the Recreation Commission as to their opinion on the use of the funds. 

 

Sandham stated the collected fees should offset field lighting up to their dollar amount?  Braden stated I think the target here is to offset MBSA’s field lighting.  My recommendation would be to put all of the funds into a sinking fund. 

 

Daughtry stated the premise that Recreation supported all of this was that we were going to take care of MBSA’s lighting bill.  That was the entire lighting bill.  The current bill is approximately $12,000.  MBSA feels they will collect approximately $6,000 in user fees. 

 

Braden stated I would like to see the entire assessment fee in a sinking fund and not break that $6,000 out of it.

 

Daughtry stated MBSA’s bill being paid by the Township is $11,000.  All $50,000 will go into the sinking fund.  How is the Township going to pay the $11,000?

 

Braden stated Recreation’s intent is to establish a sinking fund for the turf fields.

 

Daughtry stated the town is netting a $39,000 amount that we want to reserve for field replacement.  Where the money is run through – sinking fund; whatever, the net would be the amount collected less MBSA’s lighting bill.

 

Bastone stated so basically what you are saying is the Township is going to continue to pay for field lighting out of the municipal budget for exactly what we pay for now.  The additional charges for MBSA’s lighting will come out of the sinking fund.  In effect in 2009.

 

Sandham stated so this will offset field lighting expenses that otherwise would have been paid by MBSA.

 

Township Committee – all agreed go forward.

 

Bastone stated we will introduce an ordinance.

 

NO. 4 – FACILITY USE POLICY:  Bastone reported when we implemented category 5 on page 2, that threw in some monkey wrenches.  If you look at the policy, it is not clear what is available for category 5 use and what is available for the fee.  The library is not available for category 5 – want it to be available for categories 1-4.  We need to revise the third column.  Township Committee – ok, will do formal resolution next meeting.

 

REPORTS:

 

NO. 1 – ADMINISTRATOR:  None.

 

NO. 2 – ATTORNEY:  None.

 

NO. 3 – FINANCE:  Vanderhoof reported the tax bills were sent out.  The new credit card policy is in effect.  People have been paying their tax bills on line.  The system is working well.  They had a contribution for the Animal Shelter from an estate - $24,500.  The executor will make the determination whether it should be used for the welfare of cats or whether it should be used for an addition to the Animal Shelter – new cat facilities.

 

NO. 4 – ENGINEER:  None.

 

PUBLIC PORTION FOR ITEMS NOT LISTED ON THE AGENDA:

Truscha Quatrone, 4 Majorca Road, Towaco, requested to view the respective bank bids that were submitted.  Nielson stated you can see our Clerk.  That is public information.

 

Bob Mareiniss, 22 Lake Shore Drive, Montville, stated two weeks ago I presented a proposed  amendment to the land use ordinance.  We appreciate you referring this to the Planning Board.  They are having their Planner look at the language.  There are 400 residents supporting the petition going around.  The concern is general to protect the Township forever, but it was in particular to an application on Rockledge Road.  The Board of Adjustment last Wednesday with a 5-2 vote endorsed the application as is.  The evidence brought to the Board of Adjustment was ignored.  2,200 yards of soil would be brought in.

 

We want to urge the Township Committee to look very seriously at this, including the soil movement application they are going to file.  Can all this fill be brought in on such a small lot safely?  They approved it without any such analysis.  We hope the Township Committee would consider doing something beyond what the Board of Adjustment did on this matter.

 

Nielson stated there are two points:  Safeguarding undersized lots, which not only pertains to this particular application.  We will again bring this up at the Planning Board meeting this Thursday.  It is not just a height ordinance, but property development on undersized lots, not only in Valhalla, but also all over town.

 

Mareiniss stated the other issue that was also ignored has to do with the character of the neighborhood.

 

Nielson stated the other issue is the soil application permit.  That is an application that would be before the Township Committee with public notice.  We will keep you notified.

 

Daughtry stated they have to get a soil movement permit before the building permit.  How will Brian Laird know?

 

Barile stated it is usually stated right in the resolution.  Daughtry asked can we put a red flag on this?  Barile answered yes.

 

Sandham asked that we put Linda White on notice to pull abstracts on this when it comes time for the soil movement permits. 

 

Frank McNally, 19 Rockledge Road, Montville, stated perhaps the most shocking – stated as the reason for seconding the motion was that they needed to do this in order to avoid a lawsuit.  We have become such a litigious society. 

 

Gail Roughgarden, 8 Rathbun Road, Towaco, spoke regarding the Laurel Grove construction site.  She passed out pictures of the cement basin.  We thought this was resolved in January/February.  The builder was supposed to take care of certain items.  There was no time limit given to the builder.  I have been in contact with Linda White via e-mail to see what can be done.  We thought they would be completed at the end of the summer.  We have been looking at this eyesore for a period of time.  Linda White has been very helpful.  Unfortunately, we found out the builder has two more years.  There is a mess, and it has gone on too long.  We are asking for your help.

 

Nielson stated the Attorney, Engineer, Administrator, and Linda White met today.  They have the update.  None of us thought this was going to go on this long.  The developer said he couldn’t get in there until the spring. 

 

Bastone stated Mr. Barile was out there this afternoon to take a look at it.  There are some legal restraints because of the Developer’s Agreement.  We can address some property maintenance issues under that code.  The developer agreed to remove rocks, plant shrubs and trees in September, and cut grass and weeds.  Unfortunately, the developer is in litigation with the contractor.

 

Barile stated Linda White has been very proactive in dealing with the developer under the property maintenance code.  He indicated to me that the legal situation is moving along.

 

Nielson asked is he under notice for a violation?  Barile stated she is using that code as a hammer.  I don’t know if he was served with a notice of violation. 

 

David Roughgarden, 8 Rathbun Road, Towaco, stated the legal issue – does anyone have proof of that?

 

Murphy stated the developer can use their entire three years if they want to.  They post bonds.  If work is not done, the bonds can be called.

 

This particular structure came about as a result of the DEP.  I believe it did go back to the Planning Board for discussion.  Linda White is under the opinion that she has pushed this as far as she can.  We don’t have a legal remedy. 

 

Sandham stated I don’t understand how a legal issue is preventing him from doing certain things. 

 

Murphy stated we cannot change the three years in the statute.

 

Nielson stated when I was out there, the drainage was ponding in the chamber.  There is a gap where the pipe is.  Is this a health or safety issue?

 

Mr. Roughgarden showed pictures of the water running off.

 

Nielson stated the Land Use Department should give you monthly reports.  You shouldn’t have to call them.

 

Barile stated you are asking if that is a safety or health issue.  It is not undermining a public road.  That is his construction access.

 

Nielson stated can I respectively ask Mr. Bastone or Mr. Barile to keep in touch with these residents every 4 or 5 weeks.

 

Mr. Roughgarden stated the house that is being torn down – what is the tax structure on a vacant piece of property?  Murphy stated if you have an approved subdivision, the lots get valued October 1.  The Tax Assessor makes a determination on the value.

 

Mr. Roughgarden asked how many extensions can you get on a project?  Murphy answered two 2-year extensions.  The board has to give approval and there can be conditions on the approval.

 

Mr. Roughgarden asked what happens in the winter if it floods and if the tree falls on my house?  The tree was supposed to be removed.  Barile stated he will contact him and see if he can take the tree down now.  I will send you an e-mail.

 

David Virkler, 14 Rathbun Road and interest in 12 Rathbun Road, Towaco, stated the tree planting thing is most superficial and cosmetic.  The water is coming off that detention basin.  According to the tax maps, the Township owns that detention basin.  The water is going into an unfinished pipe.  The yard in #12 is completely flooded – soil erosion.  I don’t understand how we got past not having a timeframe.  I think the subject of his litigation is nonsense.  I don’t understand how he got a 2-year extension with his history.  Our neighborhood has been defiled.  Our property values have been deteriorated.

 

I will say I am happy to hear you are working on this.  The Township owns that detention basin.  It was deeded to the Township.  I have repeatedly said the outlet is higher than the inlet at 12 Rathbun Road.  Zero is being done.

 

We are not going to put up with this and tolerate it until 2010.  We appreciate you spending you time dealing with this problem.  You have our support, but we are very agitated and hope you do the best you can.  Thank you very much.

 

Nielson stated this is an ongoing issue.  Mr. Barile, if you can keep the Township Committee and the residents updated. 

 

Barile stated I have looked at the pipe Mr. Virkler is referring to.  I would ask if Mr. Virkler has pictures of the water.  We have not been able to see it.

 

Virkler stated I took several yesterday.  This is not a major project.  It could probably be done with a backhoe in about three minutes.

 

Barile stated I have spoken to Linda White and she indicated that under her code if I can certify to her a drainage problem, then she can use that do get some action.


Nielson asked the detention basin has been deeded over?  Barile stated not yet.  It is not accepted yet.

 

Nielson stated the tax maps show that it was deeded to the Township in 2005.  Barile stated I will check.  Even so, if they were, they have not been accepted by the town yet – the improvements.

 

Hearing no one further from the public, Chairwoman Nielson closed the public portion.  Motion:  Sandham.  Second:  Braden.  All in favor.  Motion approved.

 

ORDINANCE INTRODUCTIONS:

 

NO. 1 – ORDINANCE NO. 2008-38 AMENDING CHAPTER 10 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MONTVILLE AND PROHIBITING OVERNIGHT PARKING ON ALL MUNICIPALLY OWNED PROPERTY:

 

Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for September 9, 2008, at 8 p.m.  Motion:  Daughtry.  Second:  Braden.  Discussion:  Nielson stated I see that the Police Department sent a memo (to owner’s of vehicles).  Are they going to do that ongoing?  Bastone stated I can have them send it again.  Daughtry suggested a small sign be put up.  Braden asked if there will be signage associated with the ordinance.

 

Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Motion approved.

 

RESOLUTION AUTHORIZING CONSENT AGENDA NO. 2008-CA13:  Motion:  Sandham.  Second:  Bader.  All in favor.  Resolution adopted.

 

CONSENT AGENDA ITEM A – RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE BOND – PARK CENTER IV, LLC, SUPPA’S, BLOCK 162, LOT 7:  Cash $44,000.00.  PMS04-16-05/PMS07-06.

 

CONSENT AGENDA ITEM B – RESOLUTION ACCEPTING PERFORMANCE BOND – WILLIAM KEATING, BLOCK 51, LOTS 28 & 33, 137 ROUTE 202:  LOC #208, Atlantic Stewardship Bank, $253,800.00, and cash $28,200.00.  PSPP/FCPMN07-08.

 

CONSENT AGENDA ITEM C – 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

 

G. & C. Foss

7 Mulbrook Lane

Towaco, NJ

(Block 21.1, Lot 38.18)

 

 

Soil Stabilization

& Retaining Wall

 

 

 

$5,000.00

 

D. & A. DePasquale

23 High Mountain Drive

Boonton, NJ 07005

(Block 1, Lot 11.22)

 

 

 

 

Soil Stabilization

 

 

 

 

$500.00

         

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

 

CONSENT AGENDA ITEM D – RESOLUTION GRANTING PERMISSION TO SERVE ALCOHOL AT THE MONTVILLE TOWNSHIP FIRST AID SQUAD BUILDING – 10/4/08:

 

WHEREAS, Julie Cook has requested, by letter dated July 26, 2008, that the Township Committee approve of her request to alcohol at the Montville Township First Aid Squad Building on October 4, 2008, at a party being held by Jerry Goodman; and

           

WHEREAS, the lease entered into between the Township of Montville and the First Aid Squad for the First Aid Squad Building provides that private parties at the First Aid Squad Building which include alcoholic beverages require the approval of the Township Committee.

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris and State of New Jersey, that the request of Julie Goodman for permission to serve alcohol at a party being held by Jerry Goodman at the Montville Township First Aid Squad Building on October 4, 2008 is granted.

 

CONSENT AGENDA ITEM E – RESOLUTION AUTHORIZING THE FILING OF A TREATMENT WORKS APPLICATION WITH THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – PISANO SUBDIVISION, HORSENECK ROAD:  Block 125.05, Lot 14.

 

CONSENT AGENDA ITEM F – RESOLUTION AUTHORIZING THE ISSUANCE OF A WAREHOUSE SALE PERMIT TO EINSTEIN MOOMJY, INC.:  August 14 – August 17, 2008.  Signage plan 08/04/08 approved. 

 

CONSENT AGENDA ITEM G – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2008 Municipal Budget:  Revenue title:  Historic Preservation Education $5,000.00.  Appropriation title:  Historic Preservation Education $5,000.00.  Local Match - source:  None.

 

CONSENT AGENDA ITEM H – RESOLUTION AUTHORIZING CHAPTER 159 APPROPRIATION:  2008 Municipal Budget:  Revenue title:  Capital-MCHPTF/Montville Museum $125,000.00.  Appropriation title:  Capital-MCHPTF/Montville Museum $125,000.00.  Local Match - source:  None.

 

RESOLUTIONS:

 

NO. 1 – RESOLUTION AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND THE COUNTY OF MORRIS PROVIDING FOR JOINT FUNDING FOR THE CONSTRUCTION OF A SALT STORAGE FACILITY:

 

WHEREAS, there is a need for a new salt storage facility to be located within the Township of Montville and jointly used by the Township and the County of Morris; and

           

WHEREAS, a location for a joint storage facility at the County Garage Facility on Lot 3.02 in Block 57.01 on Main Road has been selected; and

           

WHEREAS, the Municipality and the County have agreed that it is necessary to construct the new salt storage facility and have agreed to jointly fund the construction of the facility; and

 

WHEREAS, the Municipality and the County have agreed to equally contribute towards the cost of construction of the salt storage facility.

           

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 a Revised Agreement between the Township of Montville and the County of Morris providing for joint funding for the construction of a salt storage facility in the form attached hereto.

 

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

 

NO. 2 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND ENTEC ENGINEERING AND TECHNICAL RESOURCES, INC.:  Engineering.  Hatfield Creek stream cleaning/bank enhancement.  $1,500.00.

 

Motion:  Sandham.  Second:  Bader.  All in favor.  Resolution adopted.

 

NO. 3 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND RESOURCE SERVICES NORTH, INC.:  Wetland consulting services.  Block 123, Lot 13.01, 7 Church Lane.  $2,950.00.

 

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

 

NO. 4 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND RESOURCE SERVICES NORTH, INC.:  Wetland consulting services.  Block 123, Lot 13, 86 River Road.  $2,900.00.

 

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

 

NO. 5 – RESOLUTION AUTHORIZING CHANGE ORDER #1 IN A CONTRACT BETWEEN THE TOWNSHIP OF MONTVILLE AND C & F BUILDERS, INC.:

 

WHEREAS, The Township of Montville and C & F Builders, Inc. entered into a Contract for the Hatfield Creek Bank Stabilization;and

           

WHEREAS, it has been determined that certain changes to this Contract are necessary; and

 

            WHEREAS, the details of the proposed Change Order are as follows:

 

-            Addition of one “E” Inlet - $1,233.00

-            Tree removal - $1,700.00

            -            Removal of existing inlet - $500.00

 

; and

 

WHEREAS, C & F Builders, Inc. has submitted a change order for the necessary work in the amount of $3,433.00; and

           

WHEREAS, the Township Engineer has requested and recommended to the Township Committee that it modify its Contract with C & F Builders, Inc. as a result of this change.

           

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 in the Contract between the Township of Montville and C & F Builders, Inc.:

           

Original Contract Price:                           $62,648.00

            Amount of This Change Order             $  3,433.00

            Total New Contract Price                            $66,081.00

            Percent Increase of this Change Order   5.48%

 

Motion:  Sandham.  Second:  Bader.  All in favor.  Resolution adopted.

 

NO. 6 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR THE JOTHAM ROAD PRESSURE REDUCING FACILITY:

 

WHEREAS, the Township Committee has determined that it is appropriate to solicit bids for the Jotham Road PRV Project, the design of which has been reviewed and approved; and

           

WHEREAS, it is necessary to advertise for the solicitation of bids; and

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that the appropriate municipal officials are hereby authorized to advertise and otherwise solicit bids from qualified contractors for the Jotham Road PRV Project.

 

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

 

NO. 7 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR TWO STAINLESS STEEL DUMP BODIES:

 

WHEREAS, eleven (11) bids were received for the two (2) stainless steel dump bodies; and

           

WHEREAS, the lowest responsible bid of $43,360.00 was received from Bristol Donald, 50 Roanoke Avenue, Newark, New Jersey; and

 

            WHEREAS, the Township Water and Sewer Director and Finance Director have recommended the award to Bristol Donald.

            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 Bristol Donald shall be awarded the Contract for the two (2) stainless steel dump bodies in an amount of $43,360.00.

 

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

 

NO. 8 – RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR AUTOMATIC METER READING SYSTEM WITH UNITS:

 

WHEREAS, eleven (11) bids were received for the automatic meter reading system with units; and

           

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

           

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

           

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris and State of New Jersey, that HD Supply Waterworks shall be awarded the Contract for the automatic meter reading system with units in an amount of $118.00 per unit.

 

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

 

 NO. 9 – RESOLUTION APPROVING OPEN AND CLOSED SESSION MINUTES:  Approval of closed session and public session minutes - regular meetings 05/13/08; 05/27/08; and 07/22/08; and special meetings 07/15/08; and 07/22/08.  Motion:  Bader.  Second:  Braden.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

NO. 10 – RESOLUTION APPROVING THE REVIEW/RELEASE OF CLOSED SESSION MINUTE ITEMS NOT YET RELEASED FROM VARIOUS MEETINGS OF 2008:  Closed session minutes released as per the following schedule.  Dates in bold indicate items being released at this meeting.  The need for confidentiality continues to justify the redaction of minutes concerning the items with no date released indicated in the schedule:

 

MONTVILLE TOWNSHIP COMMITTEE CLOSED SESSION MINUTES 2008

 

TOPIC

DATES DISCUSSED

DATES CES MINUTES APPROVED

DATES REVIEWED FOR DISPOSITION

DATE RELEASED

Starkey property acquisition

01/08/08

05/13/08

07/08/08

01/22/08

08/12/08

07/22/08

02/26/08

05/27/08

07/22/08

08/12/08

 

Tipcor property acquisition

01/08/08

04/08/08

05/13/08

03/25/08

05/27/08

06/10/08

01/22/08

05/13/08

08/12/08

04/22/08

08/12/08

07/22/08

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

07/22/08

 

Personnel

01/08/08

01/22/08

02/26/08

05/27/08

07/22/08

08/12/08

 

Potential Litigation – Lt. David Johnson

07/08/08

07/22/08

07/22/08

08/12/08

 

Meadows Condo Association – contract negotiations

01/08/08

01/22/08

02/26/08

01/22/08

02/12/08

05/13/08

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Personnel – sanitarian position

01/08/08

01/22/08

02/26/08

05/27/08

07/22/08

08/12/08

 

Lotta Lettuce litigation

01/08/08

01/22/08

01/22/08

02/12/08

02/26/08

07/22/08

08/12/08

02/26/08

 

Litigation – NJDEP-86 River Road tank

01/22/08

02/12/08

02/26/08

 

02/26/08

Animal Control Contracts – Contract negotiations

01/22/08

02/12/08

02/26/08

05/27/08

07/22/08

08/12/08

 

Township Attorney – Contract negotiations

01/22/08

 

02/12/08

02/26/08

 

02/26/08

Personnel

01/22/08

02/12/08

02/26/08

05/27/08

07/22/08

08/12/08

 

Blue Collar Union – Contract negotiations

01/22/08

02/26/08

04/22/08

05/27/08

02/12/08

05/13/08

05/27/08

08/12/08

02/26/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Potential litigation – billboards/sign code

02/12/08

03/25/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Attorney-client privilege – local public contract law exemptions

02/12/08

03/25/08

05/13/08

05/27/08

08/12/08

 

Labor Counsel – terminal leave issues

02/12/08

03/25/08

 

05/13/08

05/27/08

07/22/08

08/12/08

 

Personnel – nonunion employees

02/12/08

03/25/08

05/13/08

05/27/08

07/22/08

07/22/08

Property Acquisition – Changebridge Road Extension

02/12/08

02/26/08

04/08/08

03/25/08

05/13/08

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Bonnieview Litigation

02/26/08

03/25/08

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Attorney-Client Privilege

02/26/08

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Litigation – Pio Costa

03/11/08

06/10/08

05/13/08

07/22/08

05/13/08

07/22/08

05/13/08

07/22/08

Personnel

03/11/08

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Potential Litigation – GI Auto

03/25/08

05/27/08

05/27/08

05/27/08

Tax Appeal Pernwill

04/08/08

05/13/08

05/13/08

05/13/08

Tax Appeal Novin

04/08/08

05/13/08

05/13/08

05/13/08

Contract Negotiations – Ambulance contract

04/08/08

 

05/13/08

05/13/08

05/27/08

07/22/08

08/12/08

 

Personnel – Recreation summer staff

03/25/08

05/27/08

05/27/08

07/22/08

05/27/08

Property Acquisition - Pinto

03/25/08

04/22/08

05/27/08

05/27/08

05/27/08

07/22/08

08/12/08

 

Property Acquisition - Rockline

03/25/08

04/22/08

05/27/08

05/27/08

07/22/08

08/12/08

 

Contract Negotiations – First Aid Squad

03/25/08

04/22/08

05/13/08

05/27/08

06/10/08

07/08/08

05/27/08

05/27/08

08/12/08

08/12/08

07/22/08

07/22/08

05/27/08

05/27/08

08/12/08

08/12/08

07/22/08

07/22/08

 

Contract Negotiations – Morris Land Conservancy - contract

04/22/08

05/27/08

05/27/08

05/27/08

Litigation – Woodmont Builders/Sewers

05/13/08

07/22/08

08/12/08

08/12/08

08/12/08

08/12/08

 

Camp Dawson Field Warranty

05/13/08

08/12/08

08/12/08

08/12/08

Property Acquisition – Jegge

05/27/08

08/12/08

08/12/08

 

Contract Negotiations – PBA

07/08/08

07/22/08

07/22/08

08/12/08

07/22/08

08/12/08

 

Tax Appeal – Apple Partners/Woodmont Properties

07/08/08

07/22/08

07/22/08

07/22/08

Contract Negotiations – BOE – 86 River Road

07/08/08

07/22/08

07/22/08

08/12/08

 

Property Acquisition - Dellechiaie

07/08/08

05/27/08

06/10/08

07/22/08

08/12/08

07/22/08

07/22/08

08/12/08

07/22/08

 

Contract Negotiations – Morris Land Conservancy - lease

05/27/08

08/12/08

08/12/08

08/12/08

Potential Litigation - PBA

06/10/08

07/22/08

07/22/08

08/12/08

 

Attorney-Client Privilege – Sidewalk Liability

06/10/08

07/22/08

07/22/08

08/12/08

 

Personnel

07/22/08

08/12/08

08/12/08

 

Personnel

07/22/08

08/12/08

08/12/08

 

Personnel

07/22/08

08/12/08

08/12/08

 

 

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

 

NO. 11 – RESOLUTION APPROVING THE LISTING OF BILLS AND SIGNING OF CHECKS:  Listing of bills approved; and the Mayor and Township Clerk are authorized to sign the checks.  Motion:  Sandham.  Second:  Bader.  Roll call vote – Daughtry, yes; Sandham, yes; Bader, yes; Braden, yes; Nielson, yes.  Resolution adopted.

 

COMMITTEE COMMENTS:

 

Committeewoman Bader reported the Board of Adjustment did meet on August 6.  I have sat on the Board of Adjustment for seven years.  That board is very diligent and thorough.  They don’t take their charge lightly.  That application was before them for two years, they made their decision, and that is what we have to go by.

 

Committeeman Sandham reported we received a letter from the State regarding the bond refinancing.  Have we been approved?

 

Vanderhoof stated we are approved, but we have not yet reached the 3%, so we are at a standstill.

 

Committeeman Braden:  No report.

 

Chairwoman Nielson referred to the letter regarding the traffic signal upgrade at the intersection of Changebridge Road and Horseneck Road.  Will that be installed in 2008? 

 

Barile stated it depends on how long it takes the County to do the design and get it to the State.  I will check with the County.

 

Nielson we have a meeting summary of Hatfield Creek.  We met with Senator Pennacchio.

 

Bastone stated Tony Barile is going to respond to the letter.  Senator Pennacchio has asked for a copy as well.

 

Nielson stated the Morris County Freeholder’s has invited us to their 9-11 Ceremony on September 7.  Montville Township is going to have a Memorial Service on 9-11.

 

Nielson stated they received a letter from the Morris Land Conservancy regarding naming opportunities for the office building at the Hierwater property.  Township Committee requested Mr. Bastone convey to them that any signs should go through the Design Review Committee.

 

Committeeman Daughtry stated I will be served on the Lorenza Vidris vs. Montville Township Library case. 

 

Animal Shelter – we are discussing things with Pequannock.  We also included Sue from Montville Pet Parents in on the last meeting. 

 

Overtime for the Police Department – it is substantially higher than last year.  Request the Administrator talk to Chief Cook.

 

Historic Preservation Review Commission was wondering what was happening with the Pine Brook Cemetery.  Adam Brewer got the letter out.  Bastone stated we haven’t heard back.

 

Daughtry stated HPRC – there are two accounts.  Has Fran Vanderhoof and Kathy Fisher resolved the finances?  Vanderhoof answered no.  Daughtry stated I asked for guidance from Mr. Murphy. 

 

Murphy stated you have the ability to call her in to resolve the issue.  If she does not cooperate, she can be removed from office.  Township Committee requested Mr. Bastone send her a letter.

 

Daughtry stated he has brought this before the HPRC, so they are aware of it.  I can bring it up again at the next HPRC meeting at the end of the month.  I will give her one more opportunity to resolve with Fran Vanderhoof.  Township Committee – ok, give it one more shot.  If that doesn’t work, then there will be a letter from the Administrator.  

 

Daughtry stated HPRC – we would like to repair the roof where the engines are being stored.  Nielson stated I have talked to Dick Seabury.  The County would probably donate funds.  Daughtry stated I will reach out to Dick Seabury.

 

Barile reported on the road resurfacing program.  We are getting ready to implement that.  We are short on funds because of the price of asphalt.  We are looking at the roads most traveled.  We are looking at a portion of Stony Brook Road, Foremost Mountain Road, Two Bridges Road, Chapin Road, and Taylortown Road.  Some of these have some of their own funding through developers’ funds.  We are about ready to move on that.  At the time of paving, residents will be notified.

 

Daughtry stated HPRC – the claim by Kathy Fisher that bills have not been paid.  Have they been paid?  Vanderhoof answered yes.

 

Daughtry stated financial disclosure policy – I would like to nail this down. 

 

Daughtry stated four groups have not yet reported.  We want to work through them in a timely manner.

Daughtry stated maybe we will actually be able to piggyback demo of 86 River Road with the old salt dome.  Maybe we can save some money with the demolition contract.

 

Nielson stated we sent a letter to the County about funding the bypass road.  Are we pursuing that?  Barile stated I will call Mr. Hammond.

 

Meeting adjourned at 10:24 p.m.  Motion:  Daughtry.  Second:  Sandham.  All in favor.  Motion approved.

 

Respectfully submitted,

 

 

 

                                                           

Gertrude H. Atkinson, Township Clerk

 

Last Updated ( Thursday, 11 September 2008 )