MONTVILLE TOWNSHIP COMMITTEE MEETING MINUTES June 27, 2017

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1 Montville Township Committee Regular Meeting Tuesday, June 27, 2017, 7:00 p.m. Montville Township Municipal Building, 195 Changebridge Road, Montville, New Jersey Statement of Open Public Meetings Act Compliance read by Township Deputy Clerk Leena Abaza. Roll call Township Committee: Present: Also present: Committeeman Richard Cook Committeeman Frank W. Cooney Committeeman Richard D. Conklin Chairman James Sandham, Jr. Victor Canning, Township Administrator June Hercek, Assistant Township Administrator Fred Semrau, Esq., Township Attorney Leena Abaza, Township Deputy Clerk RESOLUTION NO. CES PROVIDING FOR EXECUTIVE SESSION TO DISCUSS MATTERS AS PERMITTED PURSUANT TO NJSA 10:4-12, SUBSECTIONS: (d) Contract negotiations: PBA and Police (g) Pending Litigation: Affordable Housing update. (h) Personnel: Planner Appointment, Planning Department Staff and Police Officer Candidates. Motion: Conklin Second: Cook. All in favor. Resolution adopted. At 7:00 p.m. Closed Session. At 8:00 p.m. Public Session. Township Deputy Clerk Abaza read the Statement of Open Public Meetings Act Compliance again for the record. Prayer and Pledge of Allegiance led by Committeeman Conklin. Chairman Sandham mentioned Committeewoman Nielson is out with notice. She is taking her daughter to Florida for college orientation. Reports: 1. Administrator s report- Administration received an invitation to attend the New Jersey Natural Gas Presentation July 13, 2017 at the Hilton Hotel. The Mayor and I had an opportunity to meet with developer as part of the Economic Development Committee regarding the Route 46 re-development area. Two ideas where presented- an Auto Dealership or a Sales and full service facilities. This could mean new employment for at least 100 people. Administration also received an invitation to a Transportation Community and Emergency Response seminar that will be held on October 11, June and I will attend that seminar. 2. Attorney s report-no official report referenced updates on the affordable housing litigation. No changes at this time except for the Court an expert Mr. Richard Redding and municipalities have to pay a cost of the expert s salary. There will be a resolution for consideration on the July 18, 2017 Township Committee Meeting. Working with Tax Assessor on tax appeals. 3. Township Committee liaison reports and comments- Committeeman Conklin rockaway river water shake cabinet met no business conducted but they are very interested in the Pilgrim Pipeline. They are dedicated to oppose the Pilgrim Pipeline so the aquifer is protected. Fireworks were very fitting for our 150 Montville Township anniversary. 1

2 Committeeman Cook- reported on the community grounds improvements. A committee was created to work on the turf replacement and that should be done in October/November so it will not disrupt the soccer program. Committeeman Cooney- reported on the resignation of Board of Adjustment member Ron Soussa. Board of Adjustment Secretary Jane is having difficulties attaining a quorum for the meetings. She is requesting an appointment of a new member so they can conduct the meetings. Chairman Sandham requested administration to post on website and retrieve the applications that were received back in November. Chairman Sandham commended the 4 th of July Committee on the Independence Day Event. ABC Expo will hold their annual event and this is great for the local businesses to attend on October 18, 2017 from 3pm-9pm at the Senior Center. Reminder to all that the Library is closed for renovations. Chairman Sandham commented on Project Graduation- great job but $10,000 was spent. Do we expect the same amount to be spent in 2018? Assistant Administrator June Hercek confirmed that the amount to be spent wills the same for next year. Old Business 1. Project status report-administrator Victor Canning reported that the Changebridge sidewalks are completed. 2. Well Head Protection Ordinance- Township Attorney Fred Semrau reported that the ordinance has been reviewed. No drastic changes just enforcement. The Aquifer is well protected but the Superior Court should be part of the enforcement and maybe it should be mentioned in ordinance if there is a violation it will go to Superior Court. 3. Pilgrim Pipeline Township Attorney Fred Semrau mentioned that Montville Township possible amendment to ordinance to further protect the aquifer. Chairman Sandham stated that we were supposed to have a presentation tonight but the person hosting it could not make it. ORDINANCE INTRODUCTIONS: 1. Ord. No An Ordinance to amend Chapter 230 entitled Land Use and Development Regulations of the General Ordinances of the Township of Montville to allow for Townhouse Dwellings as a permitted use in the TC1 Zone. Chairman Sandham mentioned that this ordinance might have to be referred to the Planning Board for their final review but they might not meet before the Township Committee meeting on July 18, Requested the advice of the Township Committee if they would like to move the public hearing to the August 15, All in favor except for Committeeman Conklin who recused himself from this matter. Ordinance is offered for adoption on first reading with second reading and public hearing scheduled for August 15, 2017, at 8 p.m. Motion: Cook. Second: Cooney. Roll call vote Cook, yes; Cooney, yes; Conklin, abstain; Sandham, yes. Motion approved. PUBLIC PORTION: Motion by: Cooney. Second by: Cook. Motion approved to open public portion of meeting. Lucy Tullo, 9 Old Lane Extension Towaco- people own quite a bit of land and I wonder how this is being pushed through. Mr. Cooney works in an office in that area- should he recuse himself? The well head ordinance does it really protect the aquifer? The pipeline ordinance really does not protect the aquifer and is not binding legally, is there anything else that can be done to protect our aquifer? Chairman Sandham asked if Ms. Tullo had any suggestions. Ronald Young, 101 Waughaw Rd. - why are condos being built by our aquifer? T-1 zoning is mentioned does this affect all our T-1 zoning? Why did we get rid of the of school studies in the ordinance and are we building twenty townhouses? Our main concern is to protect the aquifer does this go back to the planning board? 2

3 June Witty- 11 Longview Drive- in the TC-1 there is open land to build but if you are changing the zoning for townhouses what is to say you will not change other zoning in the Township to allow for a mix of commercial/residential zoning? Dan Pagano- 11 Roome Road- Thanked the Mayor and Township Committee for the meeting you had with the prospective tenant. Concerned about the expert that is being hired for affordable housing- who does this person represent (the Township, Court or Fair Share housing)? The main concern is the funding if we are paying part of this expert salary where is the funding coming from? John Rossellini, 5 Matilda Terrace- This ordinance references the building of the townhouses on the rear portion that needs to be clarified. Why was the school impact study taken out of the ordinance? That clause in the ordinance ensured that the proper amounts of buses are available to bus the students. Zoning wise the service station that is used to fix Township vehicles is turning into a junk yard there are 25 zoning violations. Towaco Train station there is no maintenance to the shrubbery there- landscaping is a mess. Good Job on the 4 th of July fireworks. Chairman Sandham responded by stating the following: 1. Ms. Tullo even if a Township Committee member works in an area that is being re-zoned that does not mean they cannot participate in taking action on the ordinance. Committeeman Cooney requested the advice of the attorney on the matter of him recusing himself and asked the Township Attorney to explain if the recusal is necessary. Township Attorney Fred Semrau stated that Committeeman Cooney is not a principle at that location and does not benefit financial from the rezoning of the TC1 rezoning (he does not own property in the location). Therefore, Committeeman Cooney did request the legal advice and he does not have to recuse himself from participation. Chairman Sandham continued his response to the public questions that were presented to the Township Committee by stating: 2. The well head ordinance and the TC1 rezoning ordinance do not destroy the aquifer. Instead of building apartments in the TC1 zoning we are building Townhouses. 3. Montville Township has two ordinances in place opposing the Pilgrim Pipeline and is part of a Municipal Alliance Committee opposing the pipeline. There is no application submitted as of now to build this pipeline. We have the necessary road blocks to protect Montville from this pipeline and this is what can be done for now. Township Attorney Fred Semrau mentioned that the Montville Governing Body has been very active in opposing this pipeline. Mayor Sandham has taken from his personal time to attend meetings opposing pipeline and Montville Township has the two ordinances in place to protect against the pipeline. 4. In response to Mr. Young questions regarding the rezoning. It is specific to the area that it references- TC1 Towaco Center. We do not control green acres. Open space funds so the wetlands are protected. 5. Ms. Witty the Township Committee has the right to vote on a change in zoning for any open land in the Township. There is a process to rezoning which involves experts and the public. This process is not fun and we have been through it many times. You might be on the Township Committee yourself and one day you might change the zoning. Township Attorney Fred Semrau responded to Mr. Dan Pagano regarding the Affordable Housing expert this is an expert that represents the Court. The Mercer County case has used this expert and it seems like the expert favors municipalities. The Court has ordered that all Municipalities must share in the cost of this expert. 3

4 6. Chairman Sandham mentioned the School tax study and indicated that the student population has declined but we will have the planning board revisit that. In terms of the rear portion we are reappropriating the wetlands. We will have a map attached. 7. Chairman Sandham requested Administrator Victor Canning to send out the Zoning Officer to service station and Towaco Train Station. Administrator Victor Canning stated that they took a trip to the NJ Transit area and told them to clean it up but will send the Zoning Officer out again. Chairman Sandham commented that this was a great way to exercise democracy. This is where democracy happens right here, you can ask for an explanation at any time. This is how misinformation is addressed. Encouraged all residents to come out to the meetings to address any concerns. Administrator Victor Canning stated he would like to explain what resolutions/ordinances are due to the fact that Ms. Tullo mentioned both and there are Club Scouts in the audience. A resolution is a law that is passed by local government and is effective for one year. An ordinance is like Federal law stays in existence forever unless amended or deleted. Motion: Cook. Second: Cooney. All in favor to close public portion of meeting. RESOLUTION AUTHORIZING CONSENT AGENDA NO CA13: Motion: Cooney. Second: Conklin. Roll call vote Cook, yes; Cooney, yes; Conklin, yes; Sandham, yes. Resolutions adopted. CONSENT AGENDA ITEM A- RESOLUTION OF THE GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT FOR 2016 WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2016 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled Comments and Recommendations; and WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than fortyfive days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB- 52, to wit: 4

5 R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Montville, hereby states that it has complied with N.J.A.C. 5: and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. CONSENT AGENDA ITEM B- RESOLUTION AUTHORIZING AMENDMENT TO THE LIMOUSINE BUSINESS LICENSE TO RIYANK LIMO, LLC. WHEREAS, Riyank Limo was issued a Limousine Business License authorized by Resolution No. 2016; and WHEREAS, Riyank Limo is requesting an amendment to the Limousine Business License due to a change of the vehicle being used for transportation; and WHEREAS, Revised General Ordinance Chapter 342 requires the issuance of a license by the Township of Montville for Limousine Services; and WHEREAS, the application conforms to the requirements of the Township Ordinance and the Police Department has approved the application; and WHEREAS, Riyank Limo, LLC has filed an application and all necessary fees for the renewal of a limousine business license with two vehicles for the year 2017 and the amendment is adding the vehicle that will be used: Riyank Limo, LLC, 59 Davenport Road, Montville Parking Location: 59 Davenport Road, Montville 2013 Chevy Surburban, VIN: 1GNSKKE70DR Route 46 East, Pine Brook 2007 Ford Expedition White, OL3363J VIN: 1F1FK15587LA59233 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 limousine business license be amended to reflect the change noted above and a revised license to be issued to Riyank Limo, LLC for the year CONSENT AGENDA ITEM C- RESOLUTION APPROVING REQUEST FROM TAX COLLECTOR FOR REFUND OF OVERPAYMENT WHEREAS, due to duplicate payments received creating an overpayment of tax for the year 2017 AND, WHEREAS, it is the recommendation of the Tax Collector that these monies are refunded; NOW, THEREFORE, BE IT RESOLVED that the treasurer be authorized to draw a check in the amount of overpayment to: Nationstar Mortgage LLC Block: 42 Lot: 5 36 Bellows Ln $2,

6 CONSENT AGENDA ITEM D- RESOLUTION APPROVING EXTENSION OF GRACE PERIOD FOR PAYMENT OF TAXES DUE ON AUGUST 1, 2017 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 2017, tax bills may be mailed sometime after the mandatory date of July 16, 2017 NOW, THEREFORE, BE IT RESOLVED that the grace period for the August, 2017 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, 2017 CONSENT AGENDA ITEM E- RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL TAX SALE CERTIFICATE WHEREAS, Certificate of Sale # was issued to Montville Township for delinquent taxes and/or water/sewer charges on Block Lot (9 Springbrook Rd West), at a tax sale held on October 21, 2015; and, WHEREAS, the assessed owner, Joseph Perrone has redeemed Certificate # by paying the full amount of the delinquency. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of Montville Township are hereby authorized to endorse Certificate of Sale # for cancellation. CONSENT AGENDA ITEM F- RESOLUTION AUTHORIZNG THE RENEWAL OF LIQUOR LICENSES WHEREAS, applications have been filed online by holders of liquor licenses within the Township of Montville seeking renewal for the period July 1, 2017 June 30, 2018; and WHEREAS, the applications have been reviewed by the office of the Township Clerk, Land Use Administrator/Zoning, Health Officer, Chief of Police; and the Fire Districts; and WHEREAS, all fees have been paid and the licenses have met the requirements for license renewal; 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 liquor licenses are renewed for the years 2017 through 2018, effective 07/01/17 06/30/18: Don Pepe II, Inc. t/a Don Pepe, 18 Bloomfield Avenue, Pine Brook Don Pepe Steakhouse, Inc., t/a Don Pepe Steakhouse, 58 Route 46 West, Pine Brook Aryanashna, LLC t/a Montville Wine & Spirits, 263 Changebridge Road, Pine Brook FHN Cuisine, LLC t/a Montville Inn, 167 Route 202, Montville Bonefish Grill, LLC t/a Bonefish Grill, 28 Route 46, Pine Brook Dat Crupa, Inc. t/a D & D Liquors, 5 Old Bloomfield Avenue, Pine Brook Opportunity, Inc., t/a Montville Diner, 4 Route 46 West, Pine Brook with the condition that no packaged liquor will be sold from this location Rails Steakhouse, LLC, 8-10 Whitehall Road Route Enterprises, Inc. t/a Harrigan s, 142 Main Road, Montville Mt. Rail Corp. t/a Columbia Inn, 29 Route 202, Montville 6

7 Artigiano, LLC t/a Woodstack, 29 Route 46, Pine Brook Goose s Restaurant Group, Inc. t/a Tiffany Restaurant, 74 Bloomfield Avenue, Pine Brook Lake Valhalla Club, 6 Vista Road, Montville Poor Hanks, Inc. t/a Poor Henry s, 8 Main Road, Montville OKCF, Inc. t/a Stuffed Olive, 100 Bloomfield Avenue, Pine Brook CONSENT AGENDA ITEM G- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING CHANGE ORDER#1 TO CONTRACT FOR BRITTANY ROAD STORMWATER INFRASTRUCTURE, CURB REPLACEMENT AND SIDEWALK RAMP UPGRADE PROJECT BETWEEN THE TOWNSHIP OF MONTVILLE AND ABRAHAM GENERAL CONTRACTING, LLC. WHEREAS, the Township of Montville and Abraham General Contracting, LLC entered into a contract in the amount of $42, for the Brittany Road Stormwater Infrastructure, Curb Replacement and Sidewalk Ramp Upgrade Project; and WHEREAS, it has been determined by the Township Engineer that certain changes to this contract were necessary to perform additional work items as follows: i) Work Item #2 Concrete Vertical Curb Replacement Contract Quantity Actual Quantity Difference Additional Cost 475 L.F. 590 L.F L.F. $2, ii) Non-Contract Work Work Item Sump Pump Piping to Municipal System ; and Additional Cost $ Total Net Change Order: $3, WHEREAS, Abraham General Contracting, LLC has submitted a change order dated June 14, 2017 (Change Order #1) in the amount of $3, for the above-described work; and WHEREAS, the original contract amount was $42,675.00; the amended contract amount based upon Change Order #1 is $45, which is a 7.48% increase from the original contract amount; and WHEREAS, in accordance with N.J.A.C. 5: , the change order has not caused the originally awarded contract price to be exceeded by more than 20 percent; and WHEREAS, the Township Engineer has reviewed the change order and recommended to the Township Committee that it modify its agreement with Abraham General Contracting, LLC as a result of the above-referenced changes of condition which have occurred on the project and as detailed in the Township Engineer s Memorandum, dated June 14, 2017; and WHEREAS, the Chief Financial Officer of the Township of Montville has certified that sufficient funds are available in account number C

8 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 Abraham General Contracting, LLC as follows: Original Contract: $42, Change Order #1 $ 3, New Contract Total: $45, This Resolution will take effect immediately. Increase of 7.48% CONSENT AGENDA ITEM H- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING PROPERTY MAINTENANCE WORK TO BE COMPLETED BY THE TOWNSHIP OF MONTVILLE DEPARTMENT OF PUBLIC WORKS TO PLACE THE PREMISES AT 33 WALNUT DRIVE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE ORDINANCE WHEREAS, there is in existence within the Township of Montville a property located at 33 Walnut Drive, designed on the Montville Township Tax Map as Block 149, Lot 14 (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 7, 2017 by posting same upon the front door of the Property, requiring compliance by June 17, 2017; 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 Property; 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 WHEREAS, the cost estimate for the work on the Property totals $ as follows: ; and Lawn Mower Operator x 2 hours $ Weed Wacker/Blower x 2 hours each: $94.00 Equipment: 2 hours $ Total: $ 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 33 Walnut Drive pursuant to the report of the Director of Public 8

9 Works, attached hereto, in the amount not to exceed $255.72, 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 I- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING PROPERTY MAINTENANCE WORK TO BE COMPLETED BY THE TOWNSHIP OF MONTVILLE DEPARTMENT OF PUBLIC WORKS TO PLACE THE PREMISES AT 19 MONTGOMERY AVENUE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE ORDINANCE WHEREAS, there is in existence within the Township of Montville a property located at 19 Montgomery Avenue, designed on the Montville Township Tax Map as Block , Lot 5 (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 13, 2017 by posting same upon the front door of the Property, requiring compliance by June 23, 2017; 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 Property; 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 WHEREAS, the cost estimate for the work on the Property totals $ as follows: Lawn Mower Operator x 2 hours $ Weed Wacker/Blower x 2 hours each: $94.00 Equipment: 2 hours $ Total: $255.72; 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 19 Montgomery Avenue pursuant to the report of the Director of Public Works, attached hereto, in the amount not to exceed $255.72, 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 J- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING PROPERTY MAINTENANCE WORK TO BE COMPLETED BY THE TOWNSHIP OF MONTVILLE DEPARTMENT OF PUBLIC WORKS TO PLACE THE PREMISES AT 17 LANCASTER AVENUE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE ORDINANCE WHEREAS, there is in existence within the Township of Montville a property located at 17 Lancaster Avenue, designed on the Montville Township Tax Map as Block 149.6, Lot 10 (the Property ); and 9

10 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 17, 2017 by posting same upon the front door of the Property, requiring compliance by June 27, 2017; 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 Property; 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 WHEREAS, the cost estimate for the work on the Property totals $ as follows: ; and Lawn Mower Operator x 3 hours $ Weed Wacker/Blower x 3 hours each: $ Equipment: 3 hours $ Total: $ 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 17 Lancaster Avenue pursuant to the report of the Director of Public Works, attached hereto, in the amount not to exceed $383.58, 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 K- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING PROPERTY MAINTENANCE WORK TO BE COMPLETED BY THE TOWNSHIP OF MONTVILLE DEPARTMENT OF PUBLIC WORKS TO PLACE THE PREMISES AT 14 COUNTRY BROOK DRIVE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE ORDINANCE WHEREAS, there is in existence within the Township of Montville a property located at 14 Country Brook Drive, designed on the Montville Township Tax Map as Block 82.4, Lot 11 (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 7, 2017 by posting same upon the front door of the Property, requiring compliance by June 17, 2017; 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 Property; and 10

11 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 WHEREAS, the cost estimate for the work on the Property totals $ as follows: ; and Lawn Mower Operator x 3 hours $ Weed Wacker/Blower x 3 hours each: $ Equipment: 3 hours $ Total: $ 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 14 Country Brook Drive pursuant to the report of the Director of Public Works, attached hereto, in the amount not to exceed $383.58, 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 L- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING PROPERTY MAINTENANCE WORK TO PLACE THE PREMISES AT 4 VAN NESS DRIVE IN CONFORMANCE WITH THE PROPERTY MAINTENANCE ORDINANCE WHEREAS, there is in existence within the Township of Montville a property located at 4 Van Ness Drive, designed on the Montville Township Tax Map as Block 31, Lot (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 7, 2017 by posting same upon the front door of the Property, requiring compliance by June 17, 2017; 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 Property; 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 WHEREAS, the cost estimate for the work on the Property totals $ as follows: Lawn Mower Operator x 3 hours $ Weed Wacker/Blower x 3 hours each: $ Equipment: 3 hours $ Total: $ ; and 11

12 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 4 Van Ness Drive pursuant to the report of the Director of Public Works, attached hereto, in the amount not to exceed $383.58, 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 M- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, APPROVING AND AUTHORIZING A DEVELOPER S AGREEMENT BETWEEN THE TOWNSHIP OF MONTVILLE AND 44 HILLCREST L.L.C. WHEREAS, 44 Hillcrest L.L.C. obtained variance, preliminary and final major subdivision approval together with attendant exceptions/waivers respecting sidewalk installation and development on steep slopes, as well as variance relief from the Lot Width at Setback and Street provisions of the Montville Zoning Ordinance, for property known as 44 Hillcrest Avenue and 34 Changebridge Road, Block 74, Lot 1 and Block 82, Lot 9, which was memorialized by Resolution of the Township of Montville Planning Board; and WHEREAS, 44 Hillcrest L.L.C. is proceeding with such approvals in accordance with the applicable ordinances, rules and regulations of the Township and its agencies; and WHEREAS, 44 Hillcrest L.L.C. and the Township desire to enter into an agreement setting forth the rights, duties and obligations of the parties in connection with the approvals received; and WHEREAS, the Township and 44 Hillcrest L.L.C. have negotiated an acceptable Developer's Agreement. 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 Mayor and Township Clerk are hereby authorized and directed to execute the attached Developer s Agreement between the Township of Montville and 44 Hillcrest L.L.C. 2. A copy of this resolution shall be provided to the Township Planning Department and 44 Hillcrest L.L.C., for their information and guidance. 3. A copy of the Developer s Agreement shall remain on file in the Township Clerk s office and available for public inspection. This Resolution shall take effect immediately. CONSENT AGENDA ITEM N- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE AWARD OF THE CONTRACT TO DENVILLE LINE PAINTING FOR TRAFFIC STRIPING WORK UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL WHEREAS, a Morris County Cooperative Pricing Council contract is available for road resurfacing (Contract #36 Traffic Striping on Roadways); and WHEREAS, the Township of Montville has a need for traffic striping for the following projects: Project Account # Amount 2017 Roadway Resurfacing and Improvements C $30,

13 ; and MONTVILLE TOWNSHIP COMMITTEE WHEREAS, the Township of Montville wishes to award the contract for traffic striping of the abovereferenced projects to Denville Line Painting, Inc., 2 Green Pond Road, Rockaway, New Jersey, under the Morris County Cooperative Pricing Council in the total amount of $30,000. 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 Denville Line Painting, Inc. is hereby awarded the Contract for the following municipal projects under the Morris County Cooperative Pricing Council, Contract #36 Traffic Striping for Roadways: Project Account # Amount 2017 Roadway Resurfacing and Improvements C $30, This Resolution will take effect immediately upon its passage. CONSENT AGENDA ITEM O- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE AWARD OF CONTRACT TO TILCON NEW YORK, INC. FOR MILLING AND PAVING WORK UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL WHEREAS, a Morris County Cooperative Pricing Council contract is available for road resurfacing (Contract #6 Road Resurfacing); and WHEREAS, the Township of Montville has a need for milling and paving for the following projects: Project Account # Amount 2017 Roadway Resurfacing and Improvements C $881, Road Resurfacing and Curb Repair C $175, Brittany Road Improvements C $104, Hook Mountain Road and Other Road Resurfacing C $ 1, ; and WHEREAS, the Township of Montville wishes to award the contract for the milling and paving of the above-referenced projects to Tilcon New York, Inc., 9 Entin Road, Parsippany, New Jersey, under the Morris County Cooperative Pricing Council in the total amount of $1,161,

14 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 Tilcon New York, Inc. is hereby awarded the Contract for the following municipal projects under the Morris County Cooperative Pricing Council, C contract #6 Road Resurfacing: Project Account # Amount 2017 Roadway Resurfacing and Improvements C $881, Road Resurfacing and Curb Repair C $175, Brittany Road Improvements C $104, Hook Mountain Road and Other Road Resurfacing C $ 1, CONSENT AGENDA ITEM P- RESOLUTION OF THE TOWNSHIP OF MONTVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE ACCEPTANCE OF THE CASH PERFORMANCE BOND FOR 44 HILLCREST LLC-44 HILLCREST ROAD/34 CHANGEBRIDGE ROAD-BLOCK 74 & 83, LOT 1 & 9 WHEREAS, 44 Hillcrest LLC was granted Planning Board approval pursuant to Application No. PMSP/FC16-18; and WHEREAS, 44 Hillcrest LLC has provided a Cash Performance Bond in the amount of $146,808 for Block 74 & 83, Lot 1 & 9; and WHEREAS, the Township s Planning Board Engineer has reviewed and determined that the Cash Performance Bond in the amount of $146,808 is acceptable. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montville, in the County of Morris, and State of New Jersey, the Cash Performance Bond in the amount of $146,808 submitted by 44 Hillcrest LLC is hereby accepted. This Resolution will take effect immediately upon its passage. 14

15 CONSENT AGENDA ITEM O- RESOLUTON APPROVING OPEN AND CLOSED SESSION MINUTES FOR THE FOLLOWING MEETING MINUTES: CLOSED EXECUTIVE SESSIONS: 02/14/2017, 06/13/2017 AND REGULAR/SPECIAL MEETING MINUTES FOR 01/31/17 02/14/2017 and 06/13/2017. RESOLUTIONS: No. 1 Resolution approving the listing of bills and signing of checks. Motion: Cooney. Second: Cook. All in favor. Resolution adopted. REVIEW OF MEETING ACTION ITEMS: NO. 1 ADMINISTRATOR: I will follow up on the road opening issues. The zoning issues mentioned on 202 will be addressed and the zoning on the website will be taken care of. NO. 2- ATTORNEY: Prepare the well head ordinance amendment based on enforcement for the next meeting. NO.3-TOWNSHIP COMMITTEE: None. Chairman Sandham requested to re-open the public portion. Motion: Conklin. Second: Cooney. All in favor. Motion approved to open public portion of meeting. John Rossellini, 5 Matilda Terrace-does the Township Committee plan on building the Town Houses on the wetlands? Chairman Sandham Maybe my definition of the exact location is off. Township Attorney Fred Semrau stated that this ordinance is just a draft. He will reach out to planner. Chairman Sandham- we will have the exact location defined at the public hearing for this ordinance. Motion: Conklin. Second: Cook to close public portion of meeting. All in favor. Motion approved. Meeting adjourned at 8:50 p.m. Motion: Cooney. Second: Conklin. All in favor. Motion approved. Respectfully submitted, Approved July 18 th, 2017 Montville Township Committee Gertrude H. Atkinson, Township Clerk James Sandham, Jr., Mayor 15