MONTVILLE TOWNSHIP COMMITTEE MEETING MINUTES June 9, 2015

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1 Montville Township Committee Regular Meeting Tuesday, June 9, 2015, 6:30 p.m. Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey Statement of Open Public Meetings Act Compliance read by Township Clerk Atkinson. Roll call Township Committee: Present: Also present: Committeeman James Sandham, Jr. Committeeman Donald Kostka Committeeman Richard D. Conklin Committeewoman Deborah Nielson Chairman Scott C. Gallopo Victor Canning, Township Administrator June Hercek, Assistant Township Administrator Katie Yanke, Director of Finance/CFO Bob Perkins, IT Services Technician Fred Semrau, Esq., Township Attorney Gertrude Atkinson, Township Clerk RESOLUTION NO. CES PROVIDING FOR EXECUTIVE SESSION TO DISCUSS MATTERS AS PERMITTED PURSUANT TO NJSA 10:4-12, SUBSECTIONS: X ] (e) Purchase, lease or acquisition of real property, setting of banking rates or investment of public funds, where it could adversely affect the public interest if disclosed: Open space property acquisition. [ X ] (g) Pending or anticipated litigation or contract negotiations other than in subsection b. (4) herein or matters falling within the attorney-client privilege: JCP&L; Burgis Study; Kahl Enterprises; Boards/Commissions; Temporary water license agreement Indian Lane; Changebridge Road sidewalks; Tax appeals, and Peterson litigation. [ X ] (h) Personnel matters: Zoning Officer position. Motion: Nielson. Second: Conklin. All in favor. Resolution adopted. At 6:30 p.m. Closed Session. At 8:00 p.m. Public Session. Township Clerk Atkinson read the Statement of Open Public Meetings Act Compliance again for the record. Prayer and Pledge of Allegiance led by Committeewoman Nielson. OATH OF OFFICE PATROLMAN SAMUEL GREENDYK: Rudy Applemann, Chief of Police, introduced Patrolman Greendyk. Oath of Office administered by Chairman Scott Gallopo. PROCLAMATION RELAY FOR LIFE DAY JUNE 13, 2015: WHEREAS, Relay For Life is the signature activity of the American Cancer Society and celebrates cancer survivors (anyone who has ever been diagnosed with cancer) and caregivers, and remembers those lost to the disease; and empowers individuals and communities to fight back against cancer; and WHEREAS, money raised during the American Cancer Society Relay For Life of Montville, Boonton, Lincoln Park and Pequannock helps the Society save lives and create more birthdays by helping individuals stay well, get well, find cures and fight back; and 1

2 WHEREAS, Relay For Life of Montville, Boonton, Lincoln Park and Pequannock helps make possible programs such as free wigs and head wear from the wig bank, rides to and from treatment, Look Good Feel Better sessions for women undergoing treatment, support networks, and cancer care specialists who are there to answer your questions 24/7 any time or day of the week at and funds more than $100 million in cancer research each year; NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Montville, County of Morris, State of New Jersey, do hereby proclaim Saturday, June 13, 2015 as, "RELAY FOR LIFE DAY" in Montville Township and encourage citizens to participate in the Relay For Life of Montville, Boonton, Lincoln Park and Pequannock, on June 13, 2015 at Montville Township High School, 100 Horseneck Road from 5:00 pm to 11:00 pm. Chairman Gallopo read the proclamation and he and the Township Committee presented it to Terry Becker and Linda Peskin. Gallopo thanked Mrs. Becker for all the hard work she and her committee has done MUNICIPAL BUDGET: NO. 1 RESOLUTION AND PUBLIC HEARING ON AMENDMENT TO THE 2015 MUNICIPAL BUDGET: WHEREAS, the local municipal budget for the year 2015 was approved on the 24th day of March, 2015, and WHEREAS, the public hearing on said budget has been held as advertised, and WHEREAS, it is desired to amend said approved budget, NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Montville, County of Morris, that the following amendments to the approved budget of 2015 be made: CURRENT FUND General Revenues From To Miscellaneous Revenues Section F: Special Items of General Revenue Anticipated With Prior Written Consent of Director of Local Government Services - Public and Private Revenues Offset with Appropriations Click It or Ticket - $ 4,000 2

3 Total Section F: Special Items of General Revenue Anticipated With Prior Written Consent of Director of Local Government Services - Public and Private Revenues Offset with Appropriations $ 118, ,670 Total Miscellaneous Revenues 6,903,794 6,907,794 Sub-total General Revenues 9,289,794 9,293,794 Total Revenues $ 28,755,234 $ 28,759,234 General Appropriations Operations- Within "CAPS" From To Other Common Operating Functions Celebration of Public Events $ 45,600 $ 41,600 Utility Expenses and Bulk Purchases Gasoline 230, ,000 Total Operations (Item 8(A)) within "CAPS" 17,095,591 17,088,591 Total Operations including Contingent- Within "CAPS" 17,100,591 17,093,591 Detail: Other Expenses 7,897,384 7,890,384 Total General Appropriations for Municipal Purposes within "CAPS" 18,974,446 18,967,446 Operations- Excluded from "CAPS" Public and Private Programs Offset by Revenues Click It or Ticket - 4,000 Matching Funds for Grants 7,000 Total Public and Private Programs Offset by Revenues 127, ,731 Total Operations Excluded from "CAPS" 2,167,160 2,178,160 3

4 Detail: Other Expenses 2,086,600 2,097,600 Total General Appropriations for Municipal Purposes Excluded from "CAPS" 7,354,816 7,365,816 Total General Appropriations Excluded from "CAPS" 7,354,816 7,365,816 Subtotal General Appropriations 26,329,262 26,333,262 Total General Appropriations $ 28,755,234 $ 28,759,234 BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director of the Division of Local Government Services for certification of the 2015 local municipal budget so amended. Chairman Gallopo opened the public hearing on the 2015 budget amendment. Scott Russell, 8 Sunset Court, Montville, asked if we are still at.78? Victor Canning, Township Administrator, stated yes, we are. The amendment is an internal transfer. Hearing no further comments, Chairman Gallopo closed the public hearing. Motion: Kostka. Second: Conklin. All in favor. Motion approved. Motion to adopt the resolution: Sandham. Second: Kostka. All in favor. Resolution adopted. NO. 2 RESOLUTION TO ADOPT THE 2015 MUNICIPAL BUDGET: BE IT RESOLVED by the Township Committee of the Township of Montville, County of Morris that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: $17,844,801 for municipal purposes, and $1,665,686 Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy. $1,620,639 for minimum library tax Summary of Revenues General Revenues Surplus Anticipated $ 1,436,000 Miscellaneous Revenues Anticipated 6,907,794 Receipts from Delinquent Taxes 950,000 Amount to be raised by Taxation for Municipal Purposes 17,844,801 Amount to be raised by Taxation for Schools in Type II School Districts Only Minimum Library Tax 1,620,639 Total Revenues $ 28,759,234 General Appropriations Within CAPS Operations including Contingent $ 17,093,591 4

5 Deferred Charges and Statutory Expenditures-Municipal 1,873,855 Excluded from CAPS Operations Total Operations Excluded from CAPS 2,178,160 Capital Improvements 95,000 Municipal Debt Service 4,936,636 Deferred Charges - Municipal 156,020 Reserve for Uncollected Taxes 2,425,972 Total Appropriations 28,759,234 Motion: Kostka. Second: Sandham. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Resolution adopted. PUBLIC HEARING ON ORDINANCE FOR FINAL ADOPTION: NO. 1 ORDINANCE NO OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS, AND STATE OF NEW JERSEY AUTHORIZING THE VACATION OF A PORTION OF IVY LANE BY THE TOWNSHIP OF MONTVILLE: Chairman Gallopo opened the public hearing. Sigmund Leone, 17 Douglas Drive, Towaco, stated thank you. I will keep it maintained. I appreciate it. In the future, if there is anything you need from me I will help the town. Hearing no further comments, Chairman Gallopo closed the public hearing. Motion: Sandham. Second: Nielson. All in favor. Motion approved. Motion to adopt ordinance: Kostka. Second: Nielson. Discussion: Fred Semrau, Township Attorney, stated at last meeting Doreen Alexander, 19 Douglas Drive, came forward with questions and her attorney had questions. We had an opportunity to discuss it with her attorney. He did understand that the Township is simply vacating a paper street. We don t know the underlying ownership of the property. It just takes away the option of the Township to use it as a municipal road. The parties need to do what they need to do in a private matter to obtain ownership. Mr. Leone did provide us his survey. As he indicated, maybe there will be an understanding reached in a private matter with respect to the rights. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Ordinance adopted. REPORTS: NO. 1 ADMINISTRATOR: Canning reported on the following: The trophy here this evening I am happy to report that out of 4,500 licensed water & sewer operators there are five that have four licenses. Mr. John Perry, our DPW/Water & Sewer Director, is one of them. As a result of his ability as an instructor and professor at Rutgers, he was given this honor along with one other gentleman. Budget want to thank the staff and governing body. For eight years and hopefully going on nine, we have maintained a triple A bond rating. There are very few communities in New Jersey that can stake that claim. The last two of the three years that I am here the Township had two of the lowest budget increases on the levy that you have probably seen in the last 15 years or more. As a resident and a taxpayer, these things are what make Montville the place everyone wants to come to. To everyone s credit, we have paid down well over $10 million in debt over the last four years. We plan for the future i.e. the six-year capital plan. Again, this Mayor and Committee deserve that credit. They are constantly on top of things. 5

6 There has been quite a bit of transition since I came on board 31 staff members. I have had to replace about 1/3 of our staff. With the help of the staff and this governing body, I think we have done a great job in selecting people like Mr. Perry. Another thing Montville should be proud of: Once again, the July 4 th celebration is bringing back the parade. The celebration starts on June 25 and the parade is on June 27 at 1 p.m. The parade starts at Gathering Road. The fireworks are June 27. NO. 2 ATTORNEY: Semrau reported on the following: There was an advisory sent by the NJ League of Municipalities that there is a proposed amendment to the OPRA (Open Public Records Act) and OPMA (Open Public Meetings Act). The league opposes this legislation because of five items: There would have to be minutes of subcommittee meetings, and they would have to be advertised as public meetings even though they wouldn t be decision making type meetings. Video recording if a municipality has a video recording system, you have to record all public meetings. Then you have to handle and archive and you would have to hire someone to do all of those responsibilities. Public record expands the definition to add research and putting together records that don t necessarily exist or researching. Violations of the OPMA would have to pay attorney s fee if someone is successful at any level. The legislation is potentially going forward on June 15 th. I wanted to bring it to your attention. If you want me to take a further look at this I could confer with the Municipal Clerk and we could give you some information to take a position on this. Canning stated the State legislature is exempt from what they want all of the local governments to do. NO. 3 TOWNSHIP COMMITTEE LIAISON REPORTS AND COMMENTS: Committeeman Sandham spoke about the DPW/Water & Sewer monthly report. Because of the semidraught we experienced through the spring, the aquifer level is low. Maybe we want to put some voluntary conservation measures on the website. Nielson stated I would refer to the recommendations by the hydrologist we have used in the past. If we don t have a policy as to when restrictions are triggered, we should. We should do it factually based on recommendations from the experts. Township Committee ok, put an awareness blurb on the website. Administrator to confer with John Perry. Committeemen Kostka and Conklin no reports. Committeewoman Nielson reported we occasionally get documents the day of our meetings. I would like to make sure we have a policy so that it does not occur unless it is an emergent issue. We need time to digest the information. Also, want to make sure we receive documents in a timely manner. Gallopo stated he will defer to Mr. Canning to try to manage that cycle. We need documents in our hands earlier, even it is before they are attached to the agenda. Canning stated sometimes things are dominimus, but then sometimes they are not, but they are time sensitive. For instance, we are going into the summer mode where we have one meeting a month. Sometimes things come in the very last minute, and we have to make a judgment call to keep things on schedule. Nielson stated we had a canal project update. It was great. For our next meeting, could you give us projected dates? 6

7 Chairman Gallopo reported on the following: June 13 is Relay for Life. John Becker Farmers Market ribbon cutting 9 a.m., June 14, Towaco Train Station. Would like to thank the sponsors Lincoln Park Savings Bank and Valley National Bank. Speeding on Schneider Lane and Boonton Avenue complaints have been forwarded to the Administrator and the Police Chief. We are looking into these complaints. OLD BUSINESS: NO. 1 HIERWATER OUTBUILDING: Kathy Fisher, 49 Rockledge Road, Montville, on behalf of the Historical Society, reported. These are the outbuildings and equipment at 19 Boonton Avenue. The Historical Society would like to restore the outbuildings and take on the responsibility for the artifacts. There is a packet of information plans, contract, etc. Gallopo asked if there would be room to walk through and tour the storage area. Fisher answered yes. Kostka asked are you keeping everything to the existing footprint? Fisher answered yes. We are thinking of asking an Eagle Scout to make it easier to go around. Nielson stated the Historical Society has offered to pay for the construction. Our Attorney and Administrator should have authorizing resolutions and/or minutes indicating that the Historical Society is in favor of this. You are asking the Township to maintain it. If there is unforeseen excavation or refurbishing we have no idea there are funds in place. Since it is municipal property I would want to make sure funds are in place to complete the project. Canning stated we tried a multitude of options, and we were unsuccessful. The Historical Society has stepped forward. Our Construction Code Official and our Engineer are fine with the plans. If you approve, we will do our necessary due diligence. They have presented that the funds are available to do this. Nielson stated thank you that was not made clear to me. If Administration is on board and assures us that the Historical Society is undertaking this project fully, that is great. I think the equipment should remain with Montville Township. It says the Historical Society would have ownership. I think since they are on municipal property, I would prefer the Township retains ownership. Fisher stated one of the things we want to do is be able to let organizations borrow them. We want to make sure they are taken care of. Nielson stated there was not a problem when the County borrowed them. Richard Seabury, 16 Hillcrest Road, Towaco, stated I am very much interested in the history of the area and the artifacts. I am a member of the Montville Historical Society, the Boonton Historical Society, the Morris County Historical Society, as well as being a Morris County Park Commissioner. I am interested in those engines up there. This is partially a stewardship matter. This has been going on for three years. Seabury submitted pictures of the engines. There are three engines we would like to get back plus a hand pump. I would like to work on it. I would like to help you. I would like you to give us or loan us the engines. We will do all of the paperwork. We will take good care of them. Let s do something about it. He submitted a letter to the Township Committee from the County Park Commission about the engines they are interested in. You have to find a safe place. Nielson stated we do own them and it s possible we could have a plaque and put them on permanent display there. Seabury stated yes, they have got to find a safe place. 7

8 Gallopo stated to address the loaning, caretaking, and display that may be a question of ownership. You are looking for these four pieces of equipment to be on loan to the park commission. The question is would the Historic Society be interested in doing that? Fisher stated we have no problem loaning them out. Gallopo stated this is the first solution we have seen that actually protects the equipment. I would also like to address Mr. Seabury s request for some of the engines displayed by the Park Commission or on loan. Fisher stated you don t want to break up a collection. You want to keep it under your ownership or our ownership and then you would loan things out for certain periods of time. Sandham stated we have been asked by the Administrator if we are interested in this project. I am supportive of the Administrator working with the Historical Society to come up with a plan that works ownership, loan program, etc. Gallopo stated I am fine with that. There were just two new wrinkles: what happens if there is a funding shortfall and that was addressed by Mr. Canning. Ownership, and the Park Commission s desire to take on four pieces of equipment on a loan basis. These are questions for Administration to sort out. As part of the deliberations, I would hope that input from Mr. Seabury is taken into account and, of course, the Historical Society. I feel that we are ready to move forward and do our second level of due diligence. Conklin stated this need to be done ASAP before another season of winter. Would the committee consider a subcommittee to work with Mr. Canning? Gallopo stated I think Mr. Canning can meet with Kathy Fisher and Dick Seabury and work things out. Township Committee ok. NO. 2 IT SERVICES PROPOSALS: Bob Perkins, IT Services Technician, stated I have been asked to address some concerns that have been raised in our current IT environment. It is antiquated and needs work. There is extensive work that needs to be done and there always will be. In late 2012, Fi-Tech gave us an analysis of our environment. Some recommendations were actually already being worked on. Others have been implemented. After receiving the report, we determined it would be $200,000 to $250,000 to implement all of the recommendations. You gave us $100,000 in capital as a first step to improve our infrastructure. Perkins described the servers and IT environment. We have enlarged the server room here. We have included redundant battery backups. Gallopo stated the update is critical and important, but what is missing has been the overarching plan that basically outlines how to get from point A to point B in order to create efficiencies, improve communication with the public, redundancies, disaster recovery, etc. I have not seen a plan of that nature. If you have that plan, we would love to see it. For tonight s purposes, the discussion should be on the RFP. We need to make a decision tonight whether or not we accept the recommendation of the review committee for a vendor to service the municipality for our IT. I think it would be a great idea for the Township Committee to see a copy of the report Mr. Perkins did on what we have done. Nielson asked if we are under any time constraints to award this RFP. Canning answered sixty days. Discussion regarding the subcommittee and competitive contracting process. June Hercek, Assistant Township Administrator, stated this is the first time the Township has used competitive contracting. By law, we are required to set up a committee to review the proposals; which we did. Gallopo stated the Township Committee should be the driver of who should be on that subcommittee for the future. 8

9 Hercek stated we went with competitive contracting so we could look at other factors besides price. We looked at three criteria: Technical 30 points; Management 50 points; and Cost 20 points. On May 19 th, we received nine proposals. The Attorney has reviewed them. The vendor with the highest score was Aton Computing, Inc. After ranking the vendors we reached out to references and some of the towns where Aton is currently employed. The comments from all three communities were that Aton is responsive and they are professional. On a personal note; I worked with them in Millburn and I can only say great things about Aton. We are recommending we hire Aton to take over IT services. Canning stated if the governing body wants to go with our recommendation, we can ask Aton to come in and also the second company to do a Q and A with them. We can ask them to waive the sixty-day requirement. Mr. Perkins is retiring on October 1. I would like to bring someone in by August 1. Sandham asked are you comfortable with this firm? Canning answered yes. If we have a full-time employee it would be $100,000 to $110,000 per year for salary and benefits. IT services per year $50,000 to $60,000 (approximately eight hours per week). I am thoroughly comfortable. Kostka asked Mrs. Hercek about her experience with Aton. Were they offsite? Hercek answered they came in once a week for eight hours. I would have a list of items for them. They would take care of some items remotely. They spend 16 hours in Morristown now. Conklin stated if the Administrator is happy, I m happy. Nielson stated Mr. Perkins is irreplaceable. You are comfortable with eight hours per week? Canning stated I think initially we will need them for more than eight hours. Nielson stated as long as there is a smooth transition I am happy. Canning stated there may be bumps in the transition, and June and I will have to handle. Some of the things staff already does. Nielson stated I defer to you and staff to make it work. Gallopo stated we are outsourcing the servicing of our IT equipment. Bob works over 35 hours per week. Can you outline how he spends his time? This is not an RFP of the build-out of our infrastructure. It doesn t address that we probably have to address our infrastructure and where we need to be. We do need to address Bob s retirement. It doesn t address where we need to be 3 to 5 years from now. Sandham asked what is the length of the contract and the termination clause? Canning stated because we only budgeted a small portion because Mr. Perkins is here, the contract would probably be for the initial period of this year, and then we would be able to assess for the full cost for next year. When we do the agreement, we will have to work out the escape clause. Gallopo stated I am not comfortable with the eight hours per week. Canning stated in speaking to Morristown, Aton, over the last ten years, has put them where they want to be with their system. I think in bringing them on board they will be able to put us in the direction that we all want to go in. Sandham asked can Aton provide to us the direction we need to be taking? That is one of the things I would be looking for them to provide us. Gallopo stated a strategic plan. That is what the RFI was intended to be. Township Committee agreed fine with the recommendation. NO. 3 MASAR PARK ROLLER HOCKEY PROJECT: Canning stated one of the action items from last meeting was to find out from the insurance company if they have any concerns with the existing structure. We sent the specs to the insurance company. They are fine with them. 9

10 Mr. Mantyla wanted me to emphasize to Committeeman Conklin s concerns how the prices could be what they are. Splitting it up into three different aspects has resulted in a total cost of $40,915 from the estimated $53,000 the Engineer had projected. We now have the advantage where before with the contractor we had to pay their price for the blacktop and macadam. Now that we can use Tilcon through the Co-Op that price gets reduced significantly. Three items of work - concrete apron $16,000 - the lowest of three quotes. Base course, which the DPW is going to do most of that work, is $9,516, and concrete surface course, which Tilcon will do, is $15,400. The cost is now at $40,000; significantly lower than the $53,000. Conklin stated this initiative started way before me. I have been following it for the last two years. When we put it out to bid we had two bids that were right on the money - $70,000 a piece plus or minus a bit. We can save a couple of dollars. I am looking at the base that is there now. Someone has to come in now and put the concrete down. They are not going to take responsibility for the base underneath it. Same with the asphalt. Where is the accountability? For a minor cost savings, I read you are eliminating the epoxy coating that goes on top. What does that do to the durability and life expectancy of the asphalt that is there? Wooden rink no one has assured me it is going to fit. It has been in storage for ten years. What is the life expectancy of it? Does it require a fence or seating? And, again, usage? I still haven t heard how many youths in town are proposing to use this. Nielson stated we have used DPW to do some of the work already at a cost of roughly $8,000. It says here that the DPW will have additional time at the end of June to do some of this work but it doesn t detail how many hours would be entailed. We just did landscaping contracts, because we felt the DPW was maxed out with its summer work. My position has been clear for many years. I am pro sports, particularly pro hockey, but I think this is a wonderful opportunity to do shared cost services. There is a local rink that is much nicer than this that has been vacant for two years. I would like my colleagues to see what it looks like. It has lighting, seating, and full parking. Showed pictures of the Parsippany facility. It is sitting there not used. I wanted my colleagues to see this. There are two rinks. It is about three miles from Masar Park. I am very pro sports. I would just implore folks to work together on shared services before we spend six figure money. Chairman Gallopo opened the public portion on this agenda item. Motion: Kostka. Second: Sandham. All in favor. Motion approved. Mark Armelino, 23 Dahl Drive, Montville, stated we have been at this for over 15 years. We had funding but no site - $100,000 s. Half of that is sitting in the second turf field that was just built. We then had a site the Metro facility but no money. This is the #1 project for the Recreation Commission for the last 7 to 9 years. Mr. Canning came up with the Masar Park site. It had infrastructure, unlike Metro. Mrs. Witty and Mr. Canning came up with some unused funds from various projects - $90,000, and we have been trying to make it work with the facility. The facility would be ours, not Parsippany s. I understand your point. We tried shared services with Pequannock and it didn t work. We had it here at town hall. We then purchased the rink. We diligently want to get this done. We have a lot of money behind this. We have been asking for years give us a rectangle of asphalt and we will make this work. We procured a $40,000 rink for $10,000. It has been in storage since It has been protected from the weather. The numbers look great. We want our own place. We will make this work. The people will come. I have no doubt that this will be a thriving program in town. To Mr. Canning s credit, we are the closest we have ever been. The epoxy coating I discussed that with Mr. Mantyla. If we can t get it done professionally we will buy it and do it ourselves. We have been ready to go for years. We are here to support it. We aren t going anywhere. We are thriving. 10

11 Nielson stated there is a beautiful rink three miles down the road. Why wouldn t you use it? It has everything that you need. I feel my fiduciary responsibility is to have a win-win. That is a Cadillac facility over there. Sandham asked what happens if Parsippany decides to turn it into basketball courts? We have asked sports groups to get involved and participate in projects. This group has done that. They went out and got the rink. Mark Armelino is the liaison to Recreation for hockey. We voted on this project. This is about funding. The funding is worked out. It was approved. It should go forward. Gallopo stated my position still remains the same. Kostka stated my position has not changed. We voted for this. Steve Sefcik, 6 Eagle Drive, Towaco, stated we proved ourselves when we were playing right out here in the parking lot of town hall. We made it viable. Nielson stated my position has always been shared services. Sefcik stated let us prove our point. The rink has been sitting in the barn. The rink we bought from Mt. Olive was only two years old. We will make this work. Scott Russell, Sunset Court, Montville, stated I would agree with Committeewoman Nielson about shared services. It is a great rink in Parsippany. I would urge you to vote for shared services. Hearing no further comments, Chairman Gallopo closed the public portion. Motion: Sandham. Second: Kostka. All in favor. Motion approved. Motion to move forward on the proposal from Mark Mantyla, Township Engineer, to complete the hockey rink at Masar Park: Sandham. Second: Kostka. Roll call vote Sandham, yes; Kostka, yes; Conklin, abstain; Nielson, no; Gallopo, yes. Motion approved. NO. 4 PROJECT STATUS REPORT: Township Committee had no comments or questions. ORDINANCE INTRODUCTIONS: NO. 1 ORDINANCE NO BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $1,257,033 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,197,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF: Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for June 24, 2015, at 6:30 p.m. Motion: Kostka. Second: Sandham. Discussion: Township Committee decided to schedule a special meeting on June 24, 2015, at 6:30 p.m. for the purpose of the second reading and public hearing on this ordinance. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Motion approved. NO. 2 ORDINANCE NO BOND ORDINANCE PROVIDING FOR VARIOUS WATER IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $382,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $250,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF: Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for July 14, 2015, at 8 p.m. Motion: Sandham. Second: Conklin. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Motion approved. 11

12 NO. 3 ORDINANCE NO BOND ORDINANCE PROVIDING FOR VARIOUS SEWER IMPROVEMENTS IN AND BY THE TOWNSHIP OF MONTVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $443,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $350,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE THE COST THEREOF: Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for July 14, 2015, at 8 p.m. Motion: Conklin. Second: Sandham. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Motion approved. NO. 4 ORDINANCE NO ESTABLISHING THE 2015 SALARIES OR WAGES OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONTVILLE IN THE COUNTY OF MORRIS UNREPRESENTED: Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for July 14, 2015, at 8 p.m. Motion: Sandham. Second: Nielson. Discussion: Nielson stated I would like the Administrator to get back to us on what the farmers market manager is and on the OEM coordinator explain the range. Conklin stated referee umpire $20 to $40 per hour and special police officer $19 per hour. It seems like a little bit of a disparity. I think that is too low of a number for the police officer. Canning stated he will follow up on July 14 with the answers. Roll call vote Sandham, yes; Kostka, yes; Conklin, yes; Nielson, yes; Gallopo, yes. Motion approved. PUBLIC PORTION: Scott Russell, Sunset Court, Montville, asked about Item I on the consent agenda solar? stated it is a solicitor. They need to be issued permits. Gallopo Steve Sammit, 2 Ridge Drive, Montville, stated I enjoy your meetings, but I can t hear. Suggested moving the public microphone back about 5 or 6 feet. When you are talking to each other on the record, talk into the microphone. If you would use your mikes and speak up I would appreciate it. Thank you. Hearing no further comments, Chairman Gallopo closed the public portion. Motion: Sandham. Second: Nielson. All in favor. Motion approved. RESOLUTION AUTHORIZING CONSENT AGENDA NO CA10: Motion: Sandham. Second: Conklin. Discussion: Gallopo stated Item E property maintenance the amount of money we are going to be charging the resident is not insignificant for grass cutting. I would imagine we would have that done cheaper by using a landscaping company. Can we outsource this? Canning stated going forward we can put it into the RFP for grass cutting. We have to pay DPW contractually what they work. Gallopo asked we can t get a price from a landscaper? Canning stated I would defer to the Attorney. Because we are putting a lien on a property, we have to follow the legal mechanism. Semrau stated you can hire someone, but you have to have a contract and an agreement and a rate set to go forward. If the lien is contested we have all of our information and witnesses as to what they went out and did. Most municipalities do it in-house. There is a cost to go out and find somebody, insurance, oversight. Gallopo stated going forward we should inventory the properties in foreclosure and/or not being maintained, send the notices, and we do the lawn maintenance the end of May, and we do it in a cost effective manner. We want the properties to be maintained. This needs to be part of a routine for the 12

13 Zoning and DPW staff. I think we should look into it contractually doing this a little more inexpensively going forward. Roll call vote all yes. Resolution adopted. CONSENT AGENDA ITEM A 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 redemptions be processed by the department of Finance: Block 15 Lot Mac Leay Road Premium Money $1, Lien Redemption Certificate # $2, TOTAL PAYMENT $4, To: FNA Jersey BOI, LLC CONSENT AGENDA ITEM B RESOLUTION APPROVING EXTENSION OF GRACE PERIOD FOR PAYMENT F TAXES DUE ON AUGUST 1, 2015: WHEREAS, on July 14, 1994, Governor Christine Todd Whitman signed into law P. L. 1994, C. 72 allowing twenty five calendar days from the date the tax bills are mailed for payment of taxes; and WHEREAS, due to the delay in receiving the certified tax rate from the County for the year of 2015 tax bills will be mailed sometime after the mandatory date of July 16, NOW, THEREFORE, BE IT RESOLVED that the grace period for the August, 2015 quarter for tax collection only, has been extended to 25 days after the mailing of the tax bills. As of this date, the date of mailing is unknown. Tax bills will include a Notice of Extension of Grace Period if tax bills are mailed after the mandatory date of July 16, CONSENT AGENDA ITEM C RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT FOR THE CHURCH LANE AND STILES LANE ROAD RESURFACING PROJECT BETWEEN THE TOWNSHIP OF MONTVILLE AND TILCON NEW YORK, INC.: WHEREAS, the Township of Montville and Tilcon New York, Inc. ( Tilcon ) entered into a contract for the Church Lane and Stiles Lane Road Resurfacing Project ( Project ); and WHEREAS, it has been determined that a change to the contract is necessary due to the need for use of additional asphalt by Tilcon to complete the Project; and WHEREAS, Tilcon has submitted a change order on its Final Invoice, for the period ending May 22, 2015 ( Change Order #1) in the amount of a $4, increase from the original contract amount for the Project; and WHEREAS, the Township Engineer has reviewed the change order and recommended to the Township Committee that it modify its agreement with Tilcon as a result of this change of condition. 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 Change Order #1 is hereby approved in the contract between the Township of Montville and Tilcon New York, Inc. as follows: Original Contract: $153, Change Order #1 $4,

14 New Contract Total: $157, Increase of 2.7% BE IT FURTHER RESOLVED that the Township Committee hereby authorizes that final payment be made to Tilcon New York, Inc. for the Project in the amount of $157, This Resolution will take effect immediately. CONSENT AGENDA ITEM E RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH PHOENIX ADVISORS, LLC TO SERVE AS THE INDEPENDENT REGISTERED MUNICIPAL ADVISOR OF RECORD AND FOR CONTINUING DISCLOSURE AGENT SERVICE: WHEREAS, there exists a need for an Independent Registered Municipal Advisor of Record and for Continuing Disclosure Agent Service for the Township of Montville; and WHEREAS, the Township wishes to retain the services of Phoenix Advisors to provide such services, and for such other services as identified in the Agreement for Continuing Disclosure Agent Services and for the Independent Registered Municipal Advisor of Record; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing the award of a contract for professional service without competitive bidding, and the contract itself, be available for public inspection. NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey as follows: 1. The Township of Montville hereby awards and authorizes the Mayor and Township Clerk to execute an agreement with Phoenix Advisors for Continuing Disclosure Agent Services and for the Independent Registered Municipal Advisor of Record for a fee not to exceed $1, This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law because said services are performed by a person licensed under law to practice a recognized profession. 3. Notice of this action shall be published once in the Township s official newspaper as required by law. 4. A copy of this resolution shall be provided to the Township Chief Financial Officer and to Phoenix Advisors, for their information and guidance. This Resolution shall take effect immediately. CONSENT AGENDA ITEM E RESOLUTION AUTHORIZING PROPERTY MAINTENANCE WORK TO BE COMPLETED BY THE TOWNSHIP OF MONTVILLE DEPARTMENT OF PUBLIC WORKS TO PLACE THE PREMISES AT 38 CHURCH LANE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE CODE: WHEREAS, there is in existence within the Township of Montville a property located at 38 Church Lane, designed on the Montville Township Tax Map as Block 76.1, Lot 8.3 (the Property ); and WHEREAS, the Property has not been maintained in compliance with the Township s Property Maintenance Ordinance; and WHEREAS, a Notice of Violation was served on June 2, 2015 by regular mail, requiring compliance by June 12, 2015; and WHEREAS, to date, the property maintenance violations have not been abated; and WHEREAS, the Township Property Maintenance Ordinance, , permits the Township to abate property maintenance violations, the costs of which are to be a lien against the premises; and WHEREAS, the Township Director of Public Works has performed an inspection of the Property and provided a cost estimate of the work necessary to bring the Property up to Code; and 14

15 WHEREAS, the cost estimate for the work on the Property totals $665 as follows: Labor: 2 men x 3 hours: $540 Equipment: ½ day use: $125 Total: $665 ; and NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey that if the property is not timely remediated by the property owner, the Township Administration and Department of Public Works is hereby authorized to perform work on the property located at 38 Church Lane pursuant to the report of the Director of Public Works, attached hereto, in the amount not to exceed $665, said amount to become a lien against the property, in order to remediate the property maintenance violations. This Resolution shall take effect immediately. CONSENT AGENDA ITEM F RESOLUTION RATIFYING THE PAYMENT OF ACCUMULATED UNUSED SICK PAY TO RETIREES: WHEREAS, the following employees of the Township of Montville have previously retired, as listed; and WHEREAS, these employees have accumulated sufficient unused sick leave to entitle them to accrued sick pay in accordance with the corresponding bargaining unit contracts and Township policy; and WHEREAS, sufficient funds have been budgeted in current and prior year budgets and reserved in the Accumulated Absence Trust Fund designated for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville that accrued sick pay is hereby authorized to be paid, in the June 25, 2015 payroll run, in accordance with the corresponding bargaining unit contracts and Township policy as listed: Date of Retirement Name Amount 04/30/14 Richard Cook $31, /31/13 Frank Cooney $ 8, /30/14 Maryann Galiger $ 6, /31/14 John Gauweiler $24, /28/15 Keith Kelly $ 8, /31/14 Thomas Mazzaccaro $ 7, /30/14 Patricia Ryan $ 7, /31/14 Maryann Witty $10, /31/14 John Wozniak $10, BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the following individual: Katie Yanke Chief Financial Officer CONSENT AGENDA ITEM G RESOLUTION AUTHORIZING THE TOWNSHIP OF MONTVILLE TO PROCEED WITH THE PUBLIC BIDDING PROCESS FOR THE HOOK MOUNTAIN ROAD WIDENING PROJECT: WHEREAS, there exists a need in the Township of Montville to help with the traffic flow between 15

16 Route 46 and Bloomfield Avenue on Hook Mountain Road; and WHEREAS, accordingly, the Township desires to construct an additional traffic lane on Hook Mountain Road as part of its road widening project to improve traffic flow through the area. 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 Township Administration is hereby authorized to proceed with the public bidding process for the Hook Mountain Road Widening Project in the Township of Montville. This Resolution shall take effect immediately. CONSENT AGENDA ITEM H RESOLUTION AUTHORIZING THE TOWNSHIP OF MONTVILLE TO PROCEED WITH THE PUBLIC BIDDING PROCESS FOR THE COMMUNITY CENTER PARKING LOT: WHEREAS, the Township of Montville has a need for additional parking in the Township; and WHEREAS, in order to accommodate this need, the Township seeks to construct a new 45- space parking lot at the Community Center on Changebridge Road. 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 Township Administration is hereby authorized to proceed with the public bidding process for the construction of a new parking lot, to be known as the Community Center Parking Lot located on Changebridge Road in the Township of Montville. This Resolution shall take effect immediately upon its passage. CONSENT AGENDA ITEM I RESOLUTION AUTHORIZING THE ISSUANCE OF A SOLICITOR S PERMIT FOR THE YEAR 2015 TO CADE THUESON VIVINT SOLAR: WHEREAS, Revised General Ordinance Chapter 281 requires the issuance of a license by the Township of Montville for canvassing, soliciting, or peddling; and WHEREAS, Cade Thueson Vivint Solar - has filed an application and all necessary fees for a solicitor s license for the year 2015; and WHEREAS, the application conforms to the requirements of the Township Ordinance and the Police Department has approved the applications; 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 a solicitor s license for Vivint Solar for the year 2015 be issued to the following applicant: Cade Thueson BE IT FURTHER RESOLVED that Montville Township s No Solicitation List as per Township Code Chapter (E) be issued to each solicitor upon the issuance of their solicitor s permit. CONSENT AGENDA ITEM J RESOLUTION AUTHORIZING AN INTERLOCAL SERVICES AGREEMENT WITH A THE TOWNSHIP OF BOONTON FOR THE USE OF THE TOWNSHIP OF MONTVILLE S SKID STEER: WHEREAS, pursuant to N.J.S.A. 40A:65-1, the Township of Montville may, by Resolution, enter into an Interlocal Services Agreement with another local government entity; and WHEREAS, the Township of Montville and the Township of Boonton have agreed to enter into an Interlocal Services Agreement to provide for the use of the Township of Montville s Skid Steer with milling attachment, truck, trailer and one (1) equipment operator at a rate of $550 per day. NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey as follows: 16

17 1. The Mayor and Borough Clerks are hereby authorized to enter into an Interlocal Agreement between the Township of Montville and the Township of Boonton for the use of the Township of Montville s Skid Steer with milling attachment, truck, trailer and one (1) equipment operator at a rate of $550 per day as set forth in the Interlocal Agreement, which is attached hereto and made a part hereof this Resolution. 2. A copy of this Resolution shall be provided to Victor Canning, Township Administrator, and to Barbara Shepard, Township Administrator, 155 Powerville Road, Boonton Twp, NJ for their information and guidance. This Resolution shall take effect immediately. CONSENT AGENDA ITEM K RESOLUTION CONSENTING TO THE MODIFICATION OF EXISTING EQUIPMENT AT THE 86 RIVER ROAD WIRELESS COMMUNICATIONS FACILITY PURSUANT TO THE LEASE BETWEEN THE TOWNSHIP OF MONTVILLE AND STC FIVE LLC ( SPRINT ), AND AUTHORIZING THE EXECUTION OF A LETTER OF CONSENT FOR THE MODIFICATION: WHEREAS, the Township of Montville has a Lease Agreement with STC Five LLC ( Sprint ) for a wireless communications facility located on Township property at 86 River Road; and WHEREAS, Crown Castle, on behalf of Sprint, is proposing to modify existing equipment; and WHEREAS, the agreement between Sprint and the Township of Montville requires the Township s consent to the modification of existing equipment; and WHEREAS, the Township Engineer has reviewed the request and has recommended that the Township approve the request. 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 hereby consents to the request of Crown Castle, on behalf of STC Five LLC ( Sprint ), to modify existing equipment at the wireless communications facility located at 86 River Road and that the appropriate municipal officials are hereby authorized to execute the letter dated June 8, 2015 signifying the consent of the Township of Montville under the Lease between the Township of Montville and STC Five LLC ( Sprint ). RESOLUTIONS: NO. 1 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BURGIS ASSOCIATES, INC. FOR PROFESSIONAL PLANNING SERVICES FOR THE PREPARATION OF A U.S. ROUTE 46 CORRIDOR IMPROVEMENT PLAN: WHEREAS, there exists a need for professional planning services for the preparation of a U.S. Route 46 Corridor Improvement Plan; and WHEREAS, the Township wishes to retain the services of Burgis Associates, Inc. to provide professional planning services for the preparation of a U.S. Route 46 Corridor Improvement Plan as identified in its proposal dated May 26, 2015; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing the award of a contract for professional service without competitive bidding, and the contract itself, be available for public inspection. NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey as follows: 1. The Township of Montville hereby awards and authorizes the Mayor and Township Clerk to execute an agreement with Burgis Associates, Inc. to provide professional planning services for the preparation of a U.S. Route 46 Corridor Improvement Plan for a fee not to exceed $12,500 as per its proposal dated May 26,

18 2. This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law because said services are performed by a person licensed under law to practice a recognized profession. 3. The total fee authorized for this contract shall not exceed $12,500 without the prior written approval of the Township Committee. 4. Notice of this action shall be published once in the Township s official newspaper as required by law. 5. A copy of this resolution shall be provided to the Township Chief Financial Officer and Burgis Associates, Inc., 25 Westwood Avenue, Westwood, NJ for their information and guidance. This Resolution shall take effect immediately. Motion: Nielson. Second: Kostka. Roll call vote all yes. Resolution adopted. NO. 2 RESOLUTION AUTHORIZING THE SETTLEMENT OF CERTAIN TAX APPEALS: WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey: PROPERTY OWNER BLOCK LOT ADDRESS Peter Buck Run Ct Jiff Assoc. I LP State Route 46 Caudill Briarcliff Rd ; and WHEREAS, the Tax Assessor and Township Attorney are of the opinion that it is in the best interest of the Township to settle these appeals. NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Montville in the County of Morris, State of New Jersey, as follows: 1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows: PROPERTY OWNER YEAR ORIGINAL ASSESSMENT COUNTY TAX BOARD JUDGMENT PROPOSED SETTLEMENT Peter 2013 $838,300 $838,300 $810,000 Jiff Assoc. I LP 2012 $895,500 $895,500 $800,000 Jiff Assoc. I LP 2013 $895,500 $895,500 $800,000 Jiff Assoc. I LP 2014 $895,500 $895,500 $800,000 Caudill 2012 $2,850,100 $2,850,100 $2,300,000 Caudill 2013 $2,737,300 $2,737,300 $2,300,000 Caudill 2014 $2,737,300 $2,737,300 $2,300, All refund checks are to be made payable to the attorneys for the taxpayer and the taxpayer. Refunds are to be made within 60 days from the date of the entry of Judgment and interest is waived on said refunds on the condition that the refund is paid within 60 days from the date of the entry of Judgment. 18