July 10, 2012 Council Public Meeting Minutes

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:46 pm by Council President Roman.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

 

Mrs. Lashway: According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. Notice has been posted in the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

 

ROLL CALL

 

Present: Mrs. Labow, Mr. Ferrante, Mr. Nicastro, Mr. Mania, and Mr. Roman

 

Absent: Mr. Perkins, Mr. Walsh

 

Also Present: Sherry Maniscalco, CFO; Sean Canning, Business Administrator; Fred Semrau, Township Attorney; Lisa Lashway, Township Clerk; Mayor Greenbaum

 

President Roman: Okay, we are on to Approval of Previous Minutes the public meeting for June 26, 2012. Mr. Mania.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

June 26, 2012 PM (all present)

 

Mr. Mania: In the absence of Mr. Perkins, I'll make a motion to approve.

 

Mrs. Labow: Second.

 

President Roman: It's been moved and seconded. Roll Call.

 

ROLL CALL: Passed Unanimously

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received June 22, 2012, from the New Jersey Conference of Mayor's regarding NJCM Urges Mayors to Support Energy Tax Receipts Legislation. PDF Correspondence

 

  1. E-mail received June 25, 2012, from TransOptions regarding Bike to Work Challenge Winners, Wyndham Spotlight and More! Go Smart with TransOptions. PDF Correspondence

 

  1. E-mail received June 26, 2012, from Morris Habitat regarding Morris Habitat and Summer Baseball Fun. PDF Correspondence

 

  1. E-mail received July 2, 2012, from North Jersey RC&D regarding What's New with NJRC&D. PDF Correspondence

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received June 22, 2012, from the New Jersey State League of Municipalities regarding Mentors Needed for Tuesday's Children. PDF Correspondence

 

  1. E-mail received June 22, 2012, from the New Jersey State League of Municipalities regarding URGENT ACTION NEEDED. PDF Correspondence

 

  1. E-mail received June 24, 2012, from the New Jersey State League of Municipalities regarding Call Your Legislators – Urge them to Support S-1900 and A-2921 on Monday. PDF Correspondence

 

  1. E-mail received June 22, 2012, from the New Jersey State League of Municipalities regarding 6-25-12 Solar Energy. PDF Correspondence

 

  1. E-mail received June 25, 2012, from the New Jersey State League of Municipalities regarding Washington Watch 6-25. PDF Correspondence

 

  1. E-mail received June 26, 2012, from the New Jersey State League of Municipalities regarding Property Tax Relief Voting Record Posted 6/26/2012. PDF Correspondence

 

  1. E-mail received June 26, 2012, from the New Jersey State League of Municipalities regarding Tax Relief Restoration 6-26-12. PDF Correspondence

 

  1. E-mail received June 26, 2012, from the New Jersey State League of Municipalities regarding Affordable Housing 6-26-12. PDF Correspondence

 

  1. E-mail received June 26, 2012, from the New Jersey State League of Municipalities regarding Education Foundation Economic Recovery Program. PDF Correspondence

 

  1. E-mail received June 27, 2012, from the New Jersey State League of Municipalities regarding Great Places in NJ 6-27. PDF Correspondence

 

  1. E-mail received June 27, 2012, from the New Jersey State League of Municipalities regarding Senate Action Property Tax. PDF Correspondence
  1. E-mail received June 28, 2012, from the New Jersey State League of Municipalities regarding Verizon v. Hopewell 6-28b. PDF Correspondence
  1. E-mail received June 28, 2012, from the New Jersey State League of Municipalities regarding Housing Trust Funds 6-28-12a. PDF Correspondence

 

  1. E-mail received June 29, 2012, from the New Jersey State League of Municipalities regarding Housing Trust Ext to Gov. 6-19-12a. PDF Correspondence

 

  1. E-mail received July 2, 2012, from the New Jersey State League of Municipalities regarding Leg Recap 7/2/2012. PDF Correspondence

 

  1. E-mail received July 2, 2012, from the New Jersey State League of Municipalities regarding Mayor's Newsline – July 2012. PDF Correspondence

 

  1. E-mail received July 2, 2012, from the New Jersey State League of Municipalities regarding Property Tax Next Steps 7-12. PDF Correspondence

 

  1. E-mail received July 3, 2012, from the New Jersey State League of Municipalities regarding DLGS Website 7-3-12. PDF Correspondence

 

  1. E-mail received July 3, 2012, from the New Jersey State League of Municipalities regarding Education Foundation Economic Recovery Program. PDF Correspondence

 

  1. E-mail received July 3, 2012, from the New Jersey State League of Municipalities regarding Washington Watch 7-3-12b. PDF Correspondence

 

  1. E-mail received July 3, 2012, from the New Jersey State League of Municipalities regarding Urgent – Housing Trust Funds. PDF Correspondence

 

  1. E-mail received July 3, 2012, from the New Jersey State League of Municipalities regarding 7-6-12 Parks and Recreation. PDF Correspondence

 

DEP / DOT / LOI / HIGHLANDS / EPA / DEPT. OF AGRICULTURE / ABC / BIDS

 

  1. Letter received June 25, 2012, from the State of New Jersey, Department of Environmental Protection regarding Treatment Works Approval, International Trade Center, Mount Olive Township, Morris County. PDF Correspondence

 

  1. Letter received June 26, 2012, from the State of New Jersey, Department of Environmental Protection regarding Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq. and Rules 7:38-1-1 et seq. Incident No. 419602, 134 Flanders Drakestown Road, Mount Olive, N.J. PDF Correspondence

 

  1. Letter received July 2, 2012, from Applied Service Corporation regarding Revised May 16, 2012 Response Action Outcome for Skoda Contracting Company Site, 147 Goldmine Road, Flanders, N.J. 07836. Block 4301 Lot 16. PDF Correspondence

 

  1. Letter received July 6, 2012, from EcolSciences, Inc. regarding Application for an Extension of Letter of Interpretation: Line Verification, BL 105, Lot 1; BL 106, Lot 3 & BL 202, Lot 1 (250, 30, & 2000 International Drive). PDF Correspondence

 

DCA

 

  1. E-mail received June 26, 2012, from Mayor Robert Campbell regarding the Department of Community Affairs, Garden State Preservation Trust Funding Payments in Lieu of Taxes (pilot) for State and Tax-Exempt Non Profit Conservation and Recreation Land. PDF Correspondence

 

  1. E-mail received June 28, 2012, from the Department of Community Affairs regarding $1.2 Million Available for Historic Preservation Grants. PDF Correspondence

 

  1. E-mail received July 2, 2012, from the Department of Community Affairs regarding Gov Connect Update: July 2, 2012. PDF correspondence

 

MUA / MSA

 

  1. Fax received July 2, 2012, from the Musconetcong Sewerage Authority regarding a Special Meeting Notice for July 12, 2012. PDF Correspondence

 

  1. Minutes received July 3, 2012, from the Musconetcong Sewerage Authority regarding the May 24, 2012 meeting. PDF Correspondence

 

President Roman: Okay, we are on to Correspondence. There are 35 pieces of Correspondence. Does anyone have any questions or comments? Seeing none, we are to Ordinances for Public Hearing.

 

ORDINANCES FOR PUBLIC HEAR ING

 

President Roman: I open the hearing to the public on Ord. #20-2012, entitled:

 

Ord.#20-2012 An Ordinance of the Township Council of the Township of Mount Olive Amending Ordinance#30-2010 of the Township of Mount Olive Entitled Salaries of Certain Non-Union Employees.

 

President Roman: Mr. Mania.

 

Mr. Mania: Mr. President, I move for adoption and final passage of Ord. #20-2012.

 

Mrs. Labow: Second.

 

President Roman: It's been moved and seconded. Is there anyone from the public who wishes to be heard?

Seeing none, anyone want any Council discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Ord. #20-2012 is passed on second reading and I hereby direct the Clerk to forward

a copy of the same to the Mayor and publish the notice of adoption as required by law. I open the

hearing to the public on:

 

Ord.#21-2012 Bond Ordinance Providing for Upgrades to the Indian Spring Well House in and by the Township of Mount Olive, in the County of Morris, New Jersey Appropriating $95,000 Therefor and Authorizing the Issuance of $90,250 Bonds or Notes of the Township for Financing the Cost Thereof.

 

President Roman: Mr. Ferrante

 

Mr. Ferrante: I move for adoption and final passage of Ord. #21-2012.

 

Mrs. Labow: Second.

President Roman: It's been moved and seconded. Is there anyone from the public? Seeing none, Council

discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Ord. #21-2012 is passed on second reading and I hereby direct the Clerk to forward

a copy of the same to the Mayor and publish the notice of adoption as required by law. I open the

hearing to the public on:

 

Ord.#24-2012 An Ordinance of the Township of Mount Olive, in the County of Morris, State of New Jersey, Setting the Speed Limit on Corey Road at 25 Miles Per Hour (To be Incorporated into Chapter 245 of the Mount Olive Township Code.

 

President Roman: Mr. Nicastro.

 

Mr. Nicastro: I move for adoption and final passage of Ord. #24-2012.

 

Mr. Mania: I second it.

 

President Roman: It's been moved and seconded. Is there anyone from the public?

 

Mr. Ireland: May I?

 

President Roman: Yes, please.

 

Scott Ireland, Eric Ct.: When I was here, I missed the previous meeting for first reading. I was here about the

meeting, the barter discussion over the accident and tangentially, the speed issue. I did commend the Council on

the due diligence they were spending on the intersection issue. With that said, I'm kind of curious as to the due

diligence that's been done on the speed issue because I'd love to hear the criteria and the data that the Council is

using to support dropping the speed limit from 35 to 25. As I understand it, and perhaps I'm mistaken, the

police safety officer has said that change is not warranted on that road. I'd like to know, I have a couple of

questions I'd like to know. I'd like to know what, if the Council is aware or they could tell me, I'm sure you're

all familiar with the 85 th percentile speed guideline. If the Council could tell me what the 85 th percentile speed is

on that road.

 

President Roman: It is my recollection that the 85 th percentile was around 35-37 mph so the traffic on there is

already traveling within the set speed limit with the occasional 2-3% going above the 45 mile an hour based on

my recollection. Mrs. Labow.

 

Mrs. Labow: I think it was more than that.

 

Mr. Ireland: And typically, again, correct if I'm wrong, that guideline, the 85 th speed percentile is used as a

base, the theory is that 85% of the people speeding at that speed limit, that 36, 25 to 37, whatever it was, is the

kind of the de facto safe speed for any particular road and I'm curious as to the specific criteria that the Council

is using as a justification to drop it from that speed.

 

President Roman: Mrs. Labow.

 

Mrs. Labow: In one week's time, and it's an off season basically, school is not as busy the week that they did

it, they had 9,500 cars go over the mechanism they put in the road and there was, I forget, there was a large

number that went between the 31 and 45 which is the 85 percentile, then there is another couple of thousand

that went the next one which was 40 plus, then there was about 200 that went over 45.

 

Mr. Ireland: Could you break that down?

 

Mrs. Labow: You know, I don't have it with me. I do have that at home so I could actually, I'll send it to you.

 

Mr. Ireland: If 85% are doing the 35 to 37, that's, studies have shown that that is the safe speed limit for the

road.

 

Mrs. Labow: The problem is, in my opinion, first of all the residents who live right there would prefer the 25.

They had asked for that. Second of all, the fact that you just go a little further down the road, it's 25 in front of

the high school and felt that it was more prudent to keep the speed limit consistent across the road then to have

it be higher and people going 40 and 45 and then have to all of a sudden slow down on a tricky corner.

 

Mr. Ireland: Is that principle going to apply to every road in the Township then because I suspect, I don't

know but I suspect that there are a lot of other roads that have more than one speed limit on them.

 

Mrs. Labow: If it was my preference, I'd like to see it that way, absolutely, and I'd like to see every residential

street 25.

 

Mr. Ireland: Is there any criteria, data to back this up?

 

President Roman: If I may interject, Mrs. Labow, when you just made a statement that the residents wanted

that speed limit lowered. If I could just make a little clarification, some residents. We've never polled the

residents of that Township, I mean of that area as to whether half of them, 75% of them or based on the number

that actually came out that were vocal, it's more along the line of less than 1% wanted to lower that speed limit.

Many times we make our decisions based upon professional because they, that's what they do for a living. That

is their job. Here we are overriding not only a professional but a seasoned professional. One that I respect

highly not only in his area of expertise but in his overall job and we are doing it because it feels right.

 

Mr. Ireland: It feels right. I have to see any objective criteria or hear any objective criteria other than a couple

of people came in and complained. Has anyone on Council, I've driven twice now north and south bound, east

and westbound, whatever it is, 25 mph. It's painful. You are going to create a problem. People are going to be

doing the 35 to 37.

 

Mr. Mania: It can always be changed Scott. It's not in blood. It can always be changed.

 

Mr. Semrau: I think the one thing that we should keep in mind is, I understand there's certain standards but in

this particular case this is different than many other roads in that involves the school. It involves school traffic.

It involves younger drivers.

 

Mrs. Labow: And out of the area drivers.

 

Mr. Ireland: I've got to dig in. Are there accidents or incidents to substantiate what you are saying?

 

Mr. Semrau: I'm just saying to you just along with its proximity and they way the presentation was made to

the governing body, the concern was, this emanated from the fact, the concern of the school and the drivers, the

young drivers.

 

Mr. Ireland: This came from the school?

 

Mr. Semrau: Oh, no, I'm saying there was a presentation made here at the meeting that you said that you were

at, as part of that presentation it was emphasized the concern for the younger drivers in the vicinity of this road.

I think that sometimes some of the standards, they cannot necessarily be applied in every particular manner and

there's some extenuating circumstances here.

 

President Roman: Mr. Mayor?

 

Mayor Greenbaum: I generally try not to disagree with you in public because I always find that I end up on

the short stick of the discussion for whatever reason but I think that your comparison of other roads in the

Township to this particular road, as we discussed before the meeting, is an unfair comparison in terms of speed

limits on portions of the road. Then we have…let me finish please. We have a defined road here. This is not

something that goes on for miles and miles and miles. It's a cut through road, not for everybody, for some

people it is to access their house but for a lot of people it is a cut through road that has a school and when the

police department came back with their number in terms of the 85% in their recommendations, they also came

back with the recommendation in terms of extending the 25 to a further point down the road and I can tell you

that as I sat here I thought to myself well there really isn't any guideline or any analysis that was done in terms

of the speeds that were checked in terms of moving it down the road to a further point closer to Flanders

Netcong Road by the Police Department as to where to start the 25 mph zone. It was really, well we think this is

perhaps a better spot. It wasn't that people who are at that particular location are not slowing down when they

hit the 25 mph zone which is adjacent to the school and the sense that I got from the majority of the Council

was that they thought that the appropriate spot to start slowing people down is the minute that they hit road

rather than at Victoria or wherever the Police Department had suggested that the 25 mph speed limit actually be

moved there. It wasn't just a situation where the Police Department said everything is good. Let's leave it alone.

We did a speed analysis. The Police Department actually came back and said, we think we should move it

further to Victoria. Council came back and said, well we think we should move it all the wasy to Flanders

Netcong, Drakestown, I'm sorry. Thank you. That was my analysis.

 

Mr. Ireland: I just kind of goes back to the debate on whether you go with your traffic and safety experts. I

don't have an issue with moving it back.

 

Mr. Ferrante: Either the way the ordinance is written there would have been, we are disagreeing with the

Police Department regardless because their recommendation was to move the 25 from the current spot. We're

still not doing that. We are doing all the way.

 

Mr. Ireland: Again, because why 25? Why not 20? Is this just out of the gut? Can we legislate and make

ordinances that we can maybe take back because it doesn't work in a couple of weeks or if there are too many

tickets being issued?

 

President Roman: Mr. Mania.

 

Mr. Mania: Well, I just, point of information the State speed limit is 50 highway, 25 residential and that came

from a State employee so I don't know whether you are aware of that Scott. I just found that out recently. The

State speed limit is 50 highway, 25 residential. That's State.

 

Mr. Ireland: Well at the local level I would hope we would listen our local experts then, maybe not.

 

President Roman: Mr. Mayor.

 

Mayor Greenbaum: There's something about listening to the local experts as I think what Council did was

went a little bit further in terms of reducing what they believe to be the risk on the road and so I'm not sure that

by going further they've absolutely disregarded. I don't think it was the decision of the Police Department that

you shouldn't change it to 25 the length of the road. The decision of the Police Department was that you should

only change it so far. It wasn't that they came back and said that if you change it the entire length you are going

to have a safety issue on the rest of the road.

 

Mr. Ireland: Are you comfortable with the theory of reducing the risk?

 

Mayor Greenbaum: Yes.

 

Mr. Ireland: Well, I'm asking, show me the risk. Show me the data that is exhibiting, that is showing that there

is a high risk of something happening on that road not related to speed.

 

Mayor Greenbaum: I'm not sure that the Police Department when they came back and said, let's move it to

Victoria from where it's currently situated really had anything more then what Council did in terms of saying,

let's move it to the end of the road itself to Flanders Drakestown.

 

Mr. Ireland: Then you don't need the Police Department at all for…

 

Mayor Greenbaum: I don't know that that's a corollary that you can draw.

 

Mr. Ireland: It certainly sounds like it.

 

President Roman: Mr. Nicastro.

 

Mr. Nicastro: Scott, part of the thing for me was, I understand it is slow, I've rode there 25 and I understand

what it is like. Ultimately, it was also the fact that there are children who cross that road a lot and before

something happened, the police were going to move it back any way. So, as Rob said, it's easier, we moved it

all the way back so there is no problems but it was a consideration of the kids as well. After that I can't say I

have all of the data that showed anything but before something happened, that was one of our big concerns as

well, was that a child could cross that street. These cars are doing 40 and 50 some of them, and the trucks and

all that come through and it is a school zone, it is a residential area and it is a cut through if you chose not to go

that way and some go down the road and go around the other way if they want to try and go faster. That's fine.

That was really the reason, looking at all of it not just, it wasn't just a feel good feeling. As the president says,

it's not the reason why I ultimately voted because I feel great about it. I'm not going to feel great doing 25

down there, trust me but it is what it is and I think it will help in the long run and save, hopefully, save any

potential problems.

 

President Roman: Mr. Ferrante.

 

Mr. Ferrante: Correct me if I'm wrong, when they gave the presentation, and I believe I even asked the

question with the sidewalks, that the sidewalks aren't consistent on that road especially where their

recommendation of going from 35 to 2 5 was. I think it switched sides of the road so that was my concern as

well was keep it consistent at least because you are going to have kids that would have to cross the road at some

point because the sidewalks ended.

 

President Roman: Well, just bear in mind, the number of pedestrians and I'm assuming we are talking about

kids that are crossing that road in order to get to the High School is probably in the area of 10 to 20 at the most.

 

Mr. Ferrante: The number doesn't matter to me. It doesn't matter.

 

President Roman: It's all well and good. If the number doesn't matter, then we are not basing it on statistics.

Mrs. Labow then Mr. Mayor.

 

Mrs. Labow: Scott, one of the numbers which I told you I'll send it to you, there was 187 that were going in

excess of 45 mph on that road and I've got to tell you, that really scares me to think that somebody's going that

fast. It's not a speedway. It's a residential street. The other thing I thought was really important was the fact that

we have a lot of activities going on at the High School. We have a lot of people coming from out of the area and

if they are coming from the Flanders Drakestown end and they are driving down there, they don't know that it's

going to be changed to 25. They are going to be trying to find it so do we have the actual data that you are

asking about? No, but you also got to know the area. You got to know what goes on there. You live there.

 

Mr. Ireland: I'm against people doing 50 no doubt but that's an enforcement issue of the speed limit of 35. I got whacked for doing…(inaudible)

 

Mrs. Labow: The whole thing is if the speed limit is 35, people are going to go 45. If it's 25, they are going to

go 35 and if we can, John Mania actually had a really good point when he said that we don't want to be

reacting, if something happens because of speed and we don't act on this now, we can't go back and redo.

 

Mr. Mania: We can't forgive ourselves.

 

Mrs. Labow: You know and I just think, it's not an emotional decision. It was well thought out. We discussed

it at length. We all drove up there, tried the 25 miles, we all know the area really well so we didn't just make the

decision. We thought about it, did our due diligence and this is what we've decided to do.

 

President Roman: Mr. Mayor.

 

Mayor Greenbaum: I think at the end of the day, Scott, if it doesn't work, it can be changed.

 

Mrs. Labow: Exactly.

 

Mayor Greenbaum: If there is significant outcry and it doesn't serve a purpose in terms of slowing people

down on that road, it can be changed.

 

Mr. Semrau: And I might just add, I think I understand your point better now after this discussion. You're not

really saying you are for or against it. You are just trying to understand what the parameters were and what the

basis is for that and I think it is a case where sometimes we can't always say to a client that, more often clients

say, I'm stuck I have to do A, B, and C but I think based on your question, a record was made at least as far as

why the governing body feels the way they do about this ordinance and why they want to make this policy and I

can understand. Your question isn't I'm against it or for it to me. It sounded like, well how do you do this? I

also think it is good because I think they made a record tonight about why they'd like to make this decision.

 

Mr. Ireland: At the end of the day I am against the change, fine, but I'm more against what I see as a kind of a

questionable process of how we make a decision without…

 

President Roman: Mr. Mayor.

 

Mayor Greenbaum: I just have a question for you based upon a conversation that we had earlier.

 

Mr. Ireland: Is that off the record?

 

Mayor Greenbaum: It was off the record and now we are on the record. How did they make the decision that a

ship of 100 feet required a river pilot but a ship of 95 feet didn't require a river pilot. I'm sure there was criteria

that they used to make that determination.

 

Mrs. Labow: I just want to say one more thing.

 

President Roman: Mrs. Labow?

 

Mrs. Labow: And also, Scott, one other thing I just wanted to point out is that we didn't just come up with this

decision. The police went out and they counted the cars and they measured the speed and did a whole week on

it. It was just a decision that was made. It was, we received, the residents and everything so we, it was a very

well thought out process. It wasn't just all of a sudden done and when the residents came here a month ago, it

pretty much, one of the problems that they were saying was the speed, people who live right on Cory Road and

they wanted to know what kind of affirmative action could be taken right away and the cheapest quickest thing

we could do to try and help reduce any kind of traffic possibilities there was to reduce the speed. I think it was a

good idea to move forward with that.

 

President Roman: I want everyone to bear in mind that this came about because of an accident that was caused

by sunlight, not at all anything caused by speed and I do hope that if it is our intention to pass this ordinance to

lower the speed limit on that road, that we will, that the Administration will direct the Police Department to

enforce said speed limit. If there's no further discussion, Roll Call please.

 

ROLL CALL: Passed with the exception of Mr. Roman voting No.

 

President Roman: Ord. #24-2012 is passed on second reading and I hereby direct the Clerk to forward

a copy of the same to the Mayor and publish the notice of adoption as required by law. Okay, we are on

to Ordinances for First Reading with a Second Reading of July 24, 2012.

 

OPTIONAL PUBLIC PORTION ON ORDINANCES FOR FIRST READING

 

ORDINANCES FOR FIRST READING - (Second Reading July 24, 2012)

 

President Roman: Alright, the next item for First Reading is:

Ord.#23-2012 An Ordinance Amending Section 176-8 of the Code of the Township of Mount Olive to Permit Seasonal Sponsorship Signs in the Township of Mount Olive's Parks.

 

President Roman: Mrs. Labow.

 

Mrs. Labow: Thank you Mr. President. I move that Ord. #23-2012 to be introduced by title and passed on first reading and that a meeting be held on July 24, 2012, at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ, for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

 

President Roman: Can I get a second?

 

Mr. Nicastro: Second.

 

President Roman: It's been moved and seconded. Council discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Okay, the next item is:

 

Ord. #25-2012 Bond Ordinance Amending Section 3(h) of Bond Ordinance #13-2012 of the Township of Mount Olive, in the County of Morris, New Jersey, Finally Adopted April 24, 2012 in Order to Provide for the Acquisition of a Sign for the Municipal Building.

 

President Roman: Mr. Ferrante.

 

Mr. Ferrante: I move that Ord. #25-2012 to be introduced by title and passed on first reading and that a meeting be held on July 24, 2012, at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ, for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

 

Mr. Mania: Second.

 

President Roman: It's been moved and seconded. Council discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Okay, the next item for First Reading is:

 

Ord.#26-2012 Ordinance Appropriating $32,850, $6,570 of Which is From the Open Space Trust Fund and $26,280 of Which is From the Morris County Historic Trust Fund for the Seward House – Preservation Plan and Construction Documents in and By the Township of Mount Olive, In the County of Morris, New Jersey.

 

President Roman: Mr. Mania.

 

Mr. Mania: Thank you Mr. President. I move that Ord. #26-2012 to be introduced by title and passed on first reading and that a meeting be held on July 24, 2012, at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ, for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

 

Mrs. Labow: Second.

 

President Roman: It's been moved and seconded. Any discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Okay, we are on to Consent Resolutions. We have seven. Does anyone wish to move any to Non-Consent? I will move Number five to Non-Consent. Mr. Ferrante, would you move the Consent Resolutions.

 

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

 

CONSENT RESOLUTIONS

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing T he Payment of Bond Counsel Fees From Open Space for the Seward House Preservation Plan. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in Connection With the Engineering Services Related to Indian Spring Well Houses. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive A uthorizing the Business Administrator to Endorse the Treatment Works Application (TWA) Entitled ITC Local Sewage Pumping Station and Force Main. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Establishing the Adopt-A-Spot Program and Authorizing the Procurement of Concessions for Landscaping Services and painting for Public Properties Pursuant Thereto. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive A uthorizing the Transfer of Affordable Housing Trust Funds for the Acquisition of Block 3203, Lots 21 and 28. PDF Resolution

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing 2012 Capital Budget Amendment for Upgrades to the Indian Spring Well House. PDF Resolution

 

•   Resolution of the Township Council of the Township of Mount Olive Authorizing 2012 Capital Budget Amendment for Seward House Preservation & Construction. PDF Resolution   

 

Mr. Ferrante: I move Consent Resolutions one through four and six and seven.

 

Mrs. Labow: Second

 

President Roman: It's been moved and seconded. Does anyone from the public wish to be heard on the Consent Resolutions? Seeing none, any Council Comments? Roll Call.

 

ROLL CALL: Passed Unanimously

 

President Roman: Mrs. Labow, would you move Non Consent Number five?

 

RESOLUTIONS NON-CONSENT

 

•  Resolution of the Township Council of the Township of Mount Olive A uthorizing the Transfer of Affordable Housing Trust Funds for the Acquisition of Block 3203, Lots 21 and 28. PDF Resolution

 

Mrs. Labow: Yes, thank you, Mr. President. I move Non-Consent Resolution Number five.

 

Mr. Mania: Second.

 

President Roman: It's been moved and seconded. Does anyone from the public wish to be heard? Seeing none, Council discussion? The reason I move this to Non-Consent is obviously you've heard my previous opposition to the use of eminent domain in order to get ourselves out of a bind that the State has pushed us into and with that I'll entertain a Roll Call.

 

ROLL CALL: Passed with the exception, Mr. Roman voted No.

 

President Roman: Okay, we are on to Consent Motions. Mr. Nicastro.

 

CONSENT MOTIONS

 

  1. Appointment of Dana Benbow to the Ethic Board for a 5 year unexpired term to expire 12/31/2013
  2. Bill List. PDF Bill List

 

Mr. Nicastro: I move Consent Motions one and two.

 

Mr. Mania: I'll second it.

 

President Roman: It's been moved and seconded. Does anyone have any questions from the public on the Bill List, Motions? Seeing none, any Council? Okay, Roll Call.

 

ROLL CALL: Passed with the exception, Mr. Nicastro abstained on Check #61861.

 

President Roman: Okay, we are on to Administrative Reports.

 

ADMINISTRATIVE REPORTS

 

Mr. Canning: A couple of things. The first is just update on the Flanders Road vault. We have a meeting tomorrow morning with the engineer as well as Mr. Quinn. I believe Mr. Mania is going to attend and Mr. Rutledge. The concern there is that we've been monitoring that the hinges have broken. We have somebody from the company coming out tomorrow and evaluate and replace the hinges. In the meantime I have directed the engineer, Mr. Buczynski, to start the process of getting a manhole as we spoke about several months ago. The estimated cost of that is between $5,000-$10,000 as per his report back in March and April but we do have some serious reservations as to the long term viability of the vault doors. It's too high and this replacement I believe was back in March-April meeting. It's four months into it so we have some serious reservations as to the long term viability of this project.

 

President Roman: If I may channel Mr. Perkins, I told you so. Mr. Mania.

 

Mr. Mania: I spoke to Mr. Rutledge the other day and asked him how things were there and he says, there's noise. I guess have to live with it. I said, I don't think you have to live with it. We have to do the right thing and I spoke to Mr. Canning and he had indicated that there was going to be a meeting tomorrow morning and I said to him, I'd like to attend and I think we need to replace that period. It just doesn't work and Mr. Rutledge's problem is, he said, if I ever want to see my house and I have this problem, I could face a problem trying to get rid of my house and I agree wholeheartedly.

 

President Roman: Unfortunately, many times we are faced with residents that have been impacted through no fault of their own but through actions that are not caused by us and this is not definitely one of those cases. We caused this gentleman harm or allowed it to happen so must do whatever we have to do in order to make him whole. Mrs. Labow.

 

Mrs. Labow: Yes, I drive by there frequently and I've noticed the noise is getting louder and louder and louder even four days after it was put in the last time and I told Mr. Canning I was concerned because first I heard nothing and then four days later I heard something. So it has been getting louder and louder so I was also going to call Mr. Rutledge and see how it was going because I was really concerned about that.

 

Mr. Mania: And Mr. Rutledge is a gentleman. He really and truly is.

 

Mrs. Labow: He is, him and his wife, Kay, they are such nice people.

 

Mr. Mania: He's not a complainer.

 

Mrs. Labow: No, not at all.

 

Mr. Mania: He said, I guess I have to live with it. That's not the answer.

 

Mrs. Labow: I don't even know if the man, I just wonder if we are just like putting another bandaid on by doing the manhole cover. We do have the option to move off the road.

 

Mr. Mania: Manholes are a proven thing. We have them throughout the State and they work. It's not something that is a new thing.

 

Mr. Canning: The alternative is well over $100,000 price tag to relocate that and the likelihood of, sincere likelihood of litigation.

 

Mrs. Labow: Yeah, that's a problem to relocate it. How did it go with, did we get the electronic monitoring so that our guys don't have to go down into it to read the monitors yet.

 

Mr. Canning: I know Mr. Quinn was supposed to have that done. I'm not sure if that's in or not. I'm assuming it was because they haven't been in there recently but I'd have to verify that.

 

Mrs. Labow: Even though we haven't had a lot of rain, I'm wondering if we are still getting water in there, in the vault.

 

Mr. Canning: I'm not sure. I can check tomorrow morning with Mr. Quinn.

 

President Roman: Anything else Mr. Canning?

 

Mr. Canning: Yes, I just want to make sure I kept Council apprised of that. I found out about this late yesterday so I thought it was important to keep you abreast of the ongoings. Two other items, the soccer installation, as soon as the carnival is done, and we will get to the carnival in a second, the soccer field pre-construction meeting is on Thursday. We are hoping to break ground on that as early as next week and the lighting as well. So those projects are, as of now, moving along without incident. Lastly, the carnival is all set to go tomorrow night. I want to commend both Jill Daggon and Jim Lynch, their staff have been working around the clock to make sure this is a success. They deserve a lot of accolades.

 

President Roman: We are on to the last Old Business.

 

OLD BUSINESS

 

President Roman: New Business?

 

NEW BUSINESS

 

President Roman: Legal Matters?

 

LEGAL MATTERS

 

 

Mr. Semrau: The only thing I would report is next week we are going to close on the sale of the BASF property.

 

Mayor Greenbaum: Fifty-seven acres.

 

Mr. Semrau: Fifty-seven acres and the only other thing I want to mention is I was in court last week and there was a municipality that will remain nameless, it was actually two weeks ago, that had an issue with their Minutes. Their executive session Minutes hadn't been done for quite some time. I'm talking about maybe up to a year and sometimes we just overlook things. The fact is your Minutes are up to date from the last meeting and they've always been current as far as I can remember and I can tell you about some of the horror stories you read about and you see in court because there's fees not only for your own attorney for the Township but you pay for the plaintiff's attorney as well so those are costs that you just don't, as a Township, have endure because you're up to date. So, I just wanted to bring that up. That's my report. Thank you.

 

President Roman: Okay, we are on to Council Reports. Mr. Canning already touched on the carnival. I look forward to the return of the carnival and I don't know about the rest of you but I will be participating in getting dunked for baseball. I'm not going to tell you what time.

 

Mrs. Labow: Oh, come on.

 

President Roman: And that is it.

 

Mayor Greenbaum: I'm 9 to 10 on Thursday.

 

President Roman: Want me to twitter that one? We are on to legislative. No, Mr. Perkins and Mr. Walsh are both absent along with Planning Board, Education, Mr. Ferrante, Open Space.

 

COUNCIL REPORTS

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Legislative Committee Report – P. Walsh & R. Perkins

Planning Board Report – P. Walsh

Board of Education Liaison Report – P. Walsh

Open Space Committee Report – J. Ferrante

 

Mr. Ferrante: Nothing for Open Space. The Library is actually meeting right now. Just a couple of announcements with the Library. They continue to have many events throughout the summer for adults and children. I actually attended the Rizo's Reptiles were at the Library a couple of weeks ago. They had maybe about 30 or 40 kids were there with their families, a really good time and that's about it.

 

President Roman: Mr. Nicastro.

 

Lake/Environment Issues Committee – J. Ferrante

Library Board Liaison – J. Ferrante

Safety Committee Liaison – J. Nicastro

Economic Development Committee Report – J. Nicastro

 

Mr. Nicastro: No meetings scheduled yet on Economic or the Safety.

 

President Roman: Mr. Mania

 

Senior Citizen Liaison – J. Mania

 

Mr. Mania: We have the Senior picnic coming up and I guess the seniors want to play some bocci ball. I signed up.

 

President Roman: Yes, I think everybody has responded.

 

Mr. Mania: Colleen signed up. You need a little help?

 

Mrs. Labow: Yes, I'm going to go practice next week.

 

President Roman: Yes, I need to read up to see what is bocci. I was thinking we could all get matching tee shirts.

 

Mrs. Labow: I am not sure, John, are we going as Council or as senior citizens since we're…oh, and Joe too.

 

Mr. Nicastro: No, no. I may look it but I'm not a senior yet.

 

Mayor Greenbaum: What's the age?

 

Mrs. Labow: Fifty-five to join the senior citizens.

 

Mr. Nicastro: No, I'm not there yet.

 

President Roman: The Grecian formula runs out…

 

Mr. Mania: Oh, the Grecian formula.

 

Mrs. Labow: I've been wanting to learn how to play bocci ball so I'm going to go up and practice.

 

Mr. Mania: It's fun. It really and truly is.

 

Mrs. Labow: That's what I've heard. It's a lot of fun. It's a lot like bowling I heard.

 

President Roman: It's all been done. Then we are doomed for failure.

 

Mrs. Labow: Hey, I was going to be a pro-bowler many many years ago.

 

President Roman: That's when wooden balls were around.

 

Mr. Ferrante: It's not really like bowling.

 

Mrs. Labow: I know, they have those wooden balls.

 

Mr. Mania: It's a little different than bowling.

 

President Roman: Mrs. Labow, we are on for you.

 

Pride Committee Report – C. Labow

TNR Program – C. Labow

 

Mrs. Labow: Alrighty, which one?

 

President Roman: Pride and TNR please.

 

Mrs. Labow: Pride, nothing to report on Pride and the TNR program, they are looking forward to the carnival and also, with the help of Mr. Canning, they are finally going to be getting into Kings Village and they've met with the manager there which is excellent because they get a lot of calls and they have recovered quite a few kittens and they'd like to make sure that they don't have any more kittens there and hopefully they are going to be moving on to Eagle Rock so it's a very successful program. It's been very successful in Village Green too. They recently started the program in Village Green and they have Oakwood Village is totally under control and even, the few that they returned, the few cats that they returned there have reduced in numbers so it's a great program and they continue to save us a lot of money and it's just a great organization.

 

President Roman: Thank you. Okay, we are on to our last public portion. Anyone from the public? Seeing none, Council Comments. Mr. Mania

 

PUBLIC PORTION

COUNCIL COMMENTS

 

Mr. Mania: A couple of things. One, I want to thank the Administration for bringing the carnival back. Second, any time I've called Mr. Canning with a problem, he's responded immediately. I mean I'm really impressed. Accolades to you and Tim Quinn also. I've called him with a few problems on the roadways where there was holes and I've seen within a day or two they've been repaired. So I thank you.

 

President Roman: Mr. Ferrante.

 

Mr. Ferrante: Yeah, you know I echo those comments and as a father with two young kids and not having the carnival the past couple of years I guess now, it's been missed and we are really looking forward to it and I know a lot of our neighbors and friends in town have felt the same way. Thank you.

 

President Roman: Mr. Nicastro.

 

Mr. Nicastro: Nothing really, just looking forward to the carnival.

 

Mayor Greenbaum: You're not going to thank me for the carnival?

 

Mr. Nicastro: I'm thanking the Mayor, very much, thank you Mayor.

 

Mrs. Labow: I want to say also that I'm really happy that the carnival is back. It's a great community event and I remember when we lost a couple of years ago, my son who was 20 at the time, he said, Mom, I understand that times are hard and people are losing their jobs but that's when the community needs to ban together more so and have an event like that and I think he is absolutely right. You just see a lot of people and everybody gets to enjoy themselves and enjoy our beautiful park and also I just want to make a comment about the speed issue on the roads and this is just something that has bothered me for many many many many years. Any time we have an issue with people driving too fast on the road, the residents come up, they'll say everyone is driving too fast, we'll run tests. About 90% of the people are usually the residents who are going too fast. People want speed bumps, they want the rumble strips or something like that and I just wish that everybody would kind of take more responsibility and really recognize that driving is a privilege. Okay, it's not something that you just automatically get. It is a privilege and with that privilege comes the responsibility of driving the speed limit and watching out for the safety of the residents and other drivers. If everybody just kind of kept that in mind, we'd have a lot less people wanting speed tables or anything else. That's it.

 

President Roman: Just to jump on what previous gentleman have said and I'll continue with my past practice of not complimenting Mr. Canning because he, I don't know, his ego? I don't think he can take it. I'm glad the carnival is back. For myself, I've pre-purchased the wristband discount band so I hope to see everybody there if not at least one, if not all, at least one day. To touch upon what Mrs. Labow was saying regarding the speed. I'm sure by now we've all gotten the memo as to what the police have determined is the cause of the fatality for the two high school gentleman. It was a factor of speed and also more than likely the use of a cell phone while driving but just bear in mind, there was a speed limit on that road and it was violated so lowering a speed limit is not necessarily going to eliminate accidents and with that I'll entertain a motion to adjourn.

 

ADJOURNMENT - Motion made and seconded. All in favor, none opposed, the meeting was adjourned at 8:25 pm.

 

 

 

_________________________

Alex Roman, Council President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on July 24, 2012.

__________________________

Lisa Lashway, Township Clerk

lml

 

 
 

Mailing Address:
Mount Olive Township
Post Office Box 450
Budd Lake, NJ 07828

Physical Address:
Mount Olive Township
204 Flanders-Drakestown Road
Budd Lake, N.J. 07828

Telephone:
Main (973) 691-0900, Fax (973) 691-1326

Business Hours:
8:30 am - 4:30 pm (Monday thru Friday)


 

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