TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - March 15, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 9:49 pm by Council Vice President Roman: We will dispense with the Pledge of Allegiance.

 

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 at the Municipal Building , 204 Flanders-Drakestown Road, Mount Olive Township , New Jersey and notices were sent to those requesting the same.

 

ROLL CALL

 

Present: Mr. Greenbaum, Mrs. Labow, Mr. Mania, Mr. Perkins, Mr. Walsh, Mr. Roman

 

Absent: Mr. Tobey

 

Also Present: Sherry Maniscalco, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; William Sohl; Business Administrator

 

Vice President Roman: Let the record reflect that Mr. Tobey is not present. He is celebrating his son's

birthday. Mr. Greenbaum, can we get a motion to approve the Minutes?

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

Feb. 15, 2011 PM (Mr. Mania, Mr. Roman & Mr. Greenbaum were absent)

Mar. 1, 2011 WS & PM ( All present)

 

Mr. Greenbaum: So moved.

 

Mr. Walsh: Second.

 

Vice President Roman: Roll Call please.

 

ROLL CALL: Passed, Mr. Greenbaum, Mr. Roman and Mr. Mania abstained on the February 15, 2011 Public Meeting Minutes

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received February 25, 2011, from North Jersey RC&D regarding Help Restore Federal Funding to the RC&D Program. PDF Correspondence

 

  1. E-mail received March 3, 2011, from Rutgers regarding Rutgers University Social Media Workshop and Mini – MPA Workshop for Public Sector. PDF Correspondence

 

  1. Letter received March 10, 2011, from Maria Thompson regarding Marveland Estates. PDF Correspondence

 

RESOLUTIONS / ORDINANCES / CORRESPONDENCE FROM OTHER TOWNS

 

  1. Three Ordinances received February 28, 2011, from the Township of Roxbury regarding Land Use. PDF Correspondence

 

  1. Ordinance received February 28, 2011, from the Borough of Stanhope regarding Land Use. PDF Correspondence

 

MUA / MSA

 

  1. Minutes received March 3, 2011, from the Musconetcong Sewerage Authority regarding the February 2, 2011 meeting. PDF Correspondence

 

DOT / DEP / LOI / HIG HLANDS / EPA / DEPT. OF AGRICULTURE / ABC

 

  1. Letter received February 28, 2011, from the State of New Jersey, Department of Environmental Protection regarding the Flanders Valley Golf Club (Phase I) BL 101 Lots 2, 5, 6, and 15 and BL 5900 Lot 2 (Roxbury Township) PDF Correspondence

 

  1. Letter received March 3, 2011, from the State of New Jersey, Department of Environmental Protection regarding the Saxton Falls (NJ DEP Dam File No. 24-38) 2010 Regular Inspection Report. PDF Correspondence

 

  1. Letter received March 3, 2011, from Careaga Engineering, Inc. regarding Robert Donnelly Block 7000, Lot 80 (79 River Road). PDF Correspondence

 

  1. Letter received March 3, 2011, from the State of New Jersey, Division of Alcoholic Beverage Control regarding Plaza 240 Associates t/a Corner Pub 240 Route 206 Units 1 and 1A, Flanders, NJ. PDF Correspondence

 

  1. Letter received March 4, 2011, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter for BL 14 Lot 1503 (11 Locust Drive) PDF Correspondence

 

  1. Letter received March 4, 2011, from JM Sorge, Inc. regarding Receptor Evaluation Report for Mount Hope Rock, 46 Waterloo Valley Road. PDF Correspondence

 

  1. Letter of Interpretation received March 4, 2011, from Careaga Engineering, Inc. regarding Robert Donnelly Block 7000, Lot 80 (79 River Road). PDF Correspondence

 

  1. Letter received March 9, 2011, from the State of New Jersey, Department of Environmental Protection regarding Emergency Highlands Preservation Area Approval for Turkey Brook Park Well 2, Block 7600, Lot 71 (30 Flanders Road, Budd Lake) PDF Correspondence

 

  1. Letter received March 10, 2011, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter and Covenant Not to Sue for BL 2510, Lot 1 (11 Pine Grove Road) PDF Correspondence

 

  1. Letter received March 10, 2011, from the State of New Jersey, Department of Environmental Protection regarding One year Extension of Time / Active Adult Community. PDF Correspondence

 

  1. Letter received March 11, 2011, from the State of New Jersey, Department of Environmental Protection regarding LNA Flanders Service Station #57203, 292 Route 206 South. PDF Correspondence

 

  1. Letter received March 11, 2011, from the State of New Jersey, Department of Environmental Protection regarding Withdrawl of an Application for a Transition Area Waiver – Averaging Plan for West Morris Regional High School. BL 6600, Lot 10.01. – Mount Olive Township. PDF Correspondence

 

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received February 25, 2011, from the New Jersey State League of Municipalities regarding Reminder of Three Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received February 25, 2011, from the New Jersey State League of Municipalities regarding State Budget Week in Review & Call for Action. PDF Correspondence

 

  1. E-mail received February 28, 2011, from the New Jersey State League of Municipalities regarding Three Mayors Letters and personnel Policy Seminar “SOLD OUT.” PDF Correspondence

 

  1. E-mail received March 1, 2011, from the New Jersey State League of Municipalities regarding Women in Municipal Government Celebration Day – Friday March 11, 2011. PDF Correspondence

 

  1. E-mail received March 1, 2011, from the New Jersey State League of Municipalities regarding Utilizing Social Media in Public Sector, Reminder – Budget Updates March 4 th and Reminder Budget Updates march 8 th . PDF Correspondence

 

  1. E-mail received March 1, 2011, from the New Jersey State League of Municipalities regarding March 2011 Mayor's Newsline. PDF Correspondence

 

  1. E-mail received March 2, 2011, from the New Jersey State League of Municipalities regarding NJ Chamber of Commerce breakfast Registration. PDF Correspondence

 

  1. E-mail received March 2, 2011, from the New Jersey State League of Municipalities regarding March Grant Page Posted and Federal Update for Period Ending February 25, 2011. PDF Correspondence

 

  1. E-mail received March 3, 2011, from the New Jersey State League of Municipalities regarding Update on A-3766 S-2664 and Administrative / Manager Recruitment & Selection Advisory Services. PDF Correspondence

 

  1. E-mail received March 3, 2011, from the New Jersey State League of Municipalities regarding Available for Download: “Collaborating on Real Solutions 2% Cap” and NJLM Educational Foundation Presents: Local Law Enforcement Strategies. PDF Correspondence

 

  1. E-mail received March 3, 2011, from the New Jersey State League of Municipalities regarding Mayors Advisory – Local law Enforcement Strategies. PDF Correspondence

 

  1. E-mail received March 4, 2011, from the New Jersey State League of Municipalities regarding URGENT – Urging for the Exemption for Reserve for Uncollected Taxes. PDF Correspondence

 

  1. E-mail received March 4, 2011, from the New Jersey State League of Municipalities regarding CY 2011 Budget & Levy Cap Update Local Finance Notice and Budget Hearing Schedule Set. PDF Correspondence

 

  1. E-mail received March 4, 2011, from the New Jersey State League of Municipalities regarding REMINDER – Two Upcoming Seminars. PDF Correspondence

 

  1. E-mail received March 4, 2011, from the New Jersey State League of Municipalities regarding 2012 PERS & PFRS Billing Amounts. PDF Correspondence

 

  1. E-mail received March 7, 2011, from the New Jersey State League of Municipalities regarding 2011 Municipal Directory – Electronic PDF Version. PDF Correspondence

 

  1. E-mail received March 8, 2011, from the New Jersey State League of Municipalities regarding Reminder for Two Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received March 8, 2011, from the New Jersey State League of Municipalities regarding Strategies for Policing during Lean Times and Urgent Alert Senate to vote on Federal Budget Today. PDF Correspondence

 

  1. E-mail received March 8, 2011, from the New Jersey State League of Municipalities regarding S-2718 Senate President Sweeney's Health Care benefits Reform and Calculation of the Reserve for Uncollected Taxes. PDF Correspondence

 

  1. E-mail received March 8, 2011, from the New Jersey State League of Municipalities regarding League President Mayor Chiarello Presents League Perspective on State Budget Proposal. PDF Correspondence

 

  1. E-mail received March 9, 2011, from the New Jersey State League of Municipalities regarding PLEASE READ IMMEDIATELY! Important Continuing Education Unit (CEU) Info. PDF Correspondence

 

  1. E-mail received March 9, 2011, from the New Jersey State League of Municipalities regarding Available for Download: “Collaborating on Real Solutions to the 2% CAP.” PDF Correspondence

 

  1. E-mail received March 10, 2011, from the New Jersey State League of Municipalities regarding UPDATE: Strategies for Policing During Lean Times. PDF Correspondence

 

  1. E-mail received March 11, 2011, from the New Jersey State League of Municipalities regarding A-3859 Special Improvement Districts and Declaration of State of Emergency Executive Order 57. PDF Correspondence

 

TORT

 

  1. Summons received February 28, 2011, from Heymann & Fletcher, Esqs. regarding Robert DeSanno v. Catherine Krizni and Township of Mount Olive. PDF Correspondence

 

  1. Summons received March 7, 2011, from Algeier Woodruff, PC regarding Charlene Uhrmann v. Township of Mount Olive, Colleen Labow and Lisa Lashway. PDF Correspondence

 

DCA

 

  1. E-mail received February 25, 2011, from the Department of Community Affairs regarding New Jersey Redevelopment Authority Training Institute. PDF Correspondence

 

  1. Local Finance Notice received February 28, 2011, from the Department of Community Affairs regarding CY 2011 Municipal Levy Cap Referendum Procedures. PDF Correspondence

 

  1. Local Finance Notice received March 4, 2011, from the Department of Community Affairs regarding CY 2011 / SFY 2012 Budget and Levy Cap Issues Update. PDF Correspondence

 

  1. E-mail received March 7, 2012, from the Department of Community Affairs regarding GovConnect Update: March 7, 2011. PDF Correspondence

 

  1. E-mail received March 7, 2012, from the Department of Community Affairs regarding League of Municipalities Women in Municipal Government Celebration. PDF Correspondence

 

BANKRUPTCY

 

  1. Bankruptcy notice received February 28, 2011, from the United States Bankruptcy Court, Southern District of New York regarding Blockbuster Inc. PDF Correspondence
  1. Bankruptcy notice received March 3, 2011, from the United States Bankruptcy Court, Southern District of New York regarding The Great Atlantic 7 pacific Tea Company. PDF Correspondence

 

MORRIS COUNTY

 

  1. E-mail received February 25, 2011, from the County of Morris regarding Morris County Green Table. PDF Correspondence

 

  1. Letter received March 1, 2011, from the Morris County Soil Conservation District regarding the 2011 Seedling Selection. PDF Correspondence

 

  1. E-mail received March 7, 2011, from the County of Morris regarding Morris County Preservation Trust – 2011 Application Information. PDF Correspondence

 

  1. Final Equalization Table received March 10, 2011, from the Morris County Board of Taxation regarding the year 2011. PDF Correspondence

 

  1. Letter received March 10, 2011, from the Morris County Alliance for Action regarding the Morris County Alliance for Action Chapter Meeting. PDF Correspondence

 

RUTGERS

 

  1. Letter received March 9, 2011, from Rutgers Center for Government Services regarding Elected Officials Programs for 2011. PDF Correspondence

UTILITIES

 

  1. Fax received February 25, 2011, from Comcast regarding Correction to New Customer Service Center Hours. PDF Correspondence

 

  1. Fax received March 1, 2011, from Comcast regarding Business Class Price Changes. PDF Correspondence

 

LEGISLATIVE REPRESENATIVES

 

  1. Fax received March 10, 2011, from Congressman Frelinghuysen's Office regarding Flooding Threat to Northern New Jersey / State of Emergency. PDF Correspondence

 

 

Vice President Roman: There are 60 pieces of Correspondence. Is there anybody who has any comments? Mr. Perkins.

 

Mr. Perkins: Thank you Mr. Vice President. Under number 44 for Tort, is that something Mr. Dorsey would then discuss in closed session? The summons, Algeier, Item number 44 on the Agenda.

 

Mr. Dorsey: Do you mean the lawsuit against…there's not much to discuss at this point.

 

Mr. Perkins: So it just carries forward?

 

Mr. Dorsey: Well, there's been a lawsuit commenced by the Uhrmanns naming Lisa and Councilwoman Labow. It is a manifestation of what I think you've heard a great deal about, various demands for OPRA requests. I am simply going to try and address it as quickly and as simply as we can. One of the allegations very specifically is they were not, Uhrmanns were not given the same tapes that were given to Miss Labow. We've now tracked down the tapes, made copies and I will give them to them and say, check them out, tell us what's different. It's not a very exciting suit. I mean it's not like the Petonak suit. It's not a very exciting suit.

 

Mr. Perkins: Its, we've been, I think as a Council we've had the Uhrmanns were here I think in June, July, and September and they made some demands upon the Council to undertake our investigatory powers. I mean, I would like to see somewhere down the road that the Council at least take a look at those in Executive Session and try to get some determination, Mr. Dorsey, back to these folks on where we stand on these issues.

 

Mr. Dorsey: I mean, that's fine by me.

 

Mr. Perkins: It is a cornucopia worth of stuff and they just kind of threw it at us.

 

Mr. Dorsey: Cornucopia is a good word but the allegation is that Lisa did not give to the Uhrmanns the same four tapes that she gave to Colleen. They were quite competing OPRA demands for the same thing. Somehow I think we'll end up having somebody either transcribe the tapes or have some independent party review them to see if they are the same.

 

Vice President Roman: Mr. Dorsey, so there's nothing in your opinion that requires an Executive Session right now?

 

Mr. Dorsey: I don't think there is anything that requires any action by the Council at this point.

 

Mr. Perkins: I, I, I understand this claim here, this tort piece but the other ones that were presented to us; there were some other specific briefs that the Council has been made aware of. What do we do with these Mr. Dorsey? Do we not get into an Executive Session and review these for their merit and if we have to direct the respondent on where they need to go to have remedy or under our investigatory power do we just walk away from this?

 

Mr. Dorsey: I think what you are referring to is that Miss Uhrmann has requested an investigation of Miss Lashway. She made that request some time ago and I discussed it with the Council President who is not here tonight. I discussed it with him and he did not seem inclined to move forward with any kind of an investigation involving Miss Lashway, believing frankly that Miss Lashway has not done anything improper. Either the Council could conduct an investigation or the Council could retain an outsider to do an investigation and report back to the Council. You know, there are value judgments that have to be made in these things and the Council President did not think it appropriate or necessary to move forward with an investigation. It wasn't because I said you couldn't. You can but the value judgment was made by him that there was really no need to do so.

 

Mr. Perkins: Okay. Again, I want to just, whatever needs to get on the table, where the egg drops, it drops.

 

Mr. Dorsey: I just want to make it clear that I didn't tell him he couldn't. He could do whatever he wants. He could either do it, the Council itself or he could seek out, you can always find independent hearing officers and do it that way.

 

Mr. Perkins: Alright, I'll address it that way. Thank you Mr. Dorsey.

 

Vice President Roman: Miss Labow.

 

Mrs. Labow: I just want to say that John, you made a statement that there is all this stuff going back and forth. Mrs. Uhrmann came to a Council meeting, I don't remember when it was last year and she was waving all of these papers around and she was saying, “I got all of this information from OPRA and if anybody wants to file an OPRA , they can file an OPRA themselves and get the information.” All I simply did was try to figure out what the heck is she saying. She's got all of this stuff on me when I don't know what the heck she is talking about. The only way to do that was to make an OPRA for the information she had so that I could look at it but I don't want to get into a discussion about that but I do want to say that…

 

Mr. Dorsey: I didn't say that you did anything wrong.

 

Mrs. Labow: No, no, I'm just saying that I want to state for the record because she makes a lot of accusations which and that is what they are, accusations, but I just want to say of the four CDs that are in question, the Township Clerk, as I understand it through OPRA is not required to keep any of the backup documentation for an OPRA. Miss Lashway called me and said…

 

Vice President Roman: I think we are getting a little sidetracked here…becoming this…

 

Mrs. Labow: Well I just want to know that the four CDs, I only looked at the two. I never looked at the other two.

 

Mr. Dorsey: Ya know, Colleen, hear me…I just wrote…

 

Mrs. Labow: I know. It just aggravates me, the accusations.

 

Mr. Dorsey: Colleen, I wouldn't discuss it any further. I don't believe that Miss Lashway did anything wrong. I don't believe that she was required under the statute to keep any records but you had the record and you produced it.

 

Mrs. Lashway: Thank you, John. I appreciate your faith and confidence in me John.

 

Mrs. Labow: And as soon as she asked me, I brought it right up and we tried to make sure everything was complied with…

 

Mr. Dorsey: You are serious.

 

Mrs. Lashway: I am serious.

 

Mrs. Labow: So I thank you Ray. You did a good job bringing it forward tonight. I am sure you were under close direction.

 

Mr. Dorsey: You know there's nothing, there's no reason, there is just no reason for Miss Lashway to play games with those tapes.

 

Mrs. Labow: I know.

 

Mr. Dorsey: I mean, there is no point in her looking or trying to read, I don't know, what were there like 500 memos on one of those disks. I don't have…

 

Mrs. Labow: I know. I haven't even looked at them. That's like too time consuming.

 

Mr. Dorsey: And she's had another problem. The problem is that her equipment was down so she had to send it down the hall to have Administration do it so we've got to go through it.

 

Mrs. Labow: Right.

 

Vice President Roman: Alright, is there any other questions on any other pieces of Correspondence?

 

ORDINANCES FOR PUBLIC HEAR ING

 

Vice President Roman: Seeing none, we move on to Ordinances for Public Hearing. The first ordinance up to bat, I open up the hearing to the public on Ordinance #4-2011, entitled:

 

 

 

 

 

 

Ord. #4-2011 An Ordinance of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey Amending and Supplementing Certain Portion of Chapter 196, Sewers and Water, Article VII, Water Rates and Service Fees Section 46 Metering and Service Fees Measuring Devices and 196 of the Revised General Ordinance.

 

Vice President Roman: Miss Labow, can you move that please?

 

Mrs. Labow: Thank you Mr. Vice President. I move for adoption and final passage of Ordinance #4-2011.

 

Vice President Roman: Can I get a second?

 

Mr. Mania: Second.

 

Vice President Roman: Any Council discussion? Roll Call please.

 

Mrs. Lashway: Did you open it to the public?

 

Vice President Roman: I believe not. Anyone from the public wish to be heard on this ordinance? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Ordinance #4-2011 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. The next ordinance is Ordinance #5-2011:

 

Ord. 5-2011 Bond Ordinance Providing for the Resurfacing of Cloverhill Drive in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $339,000 Therefor and Authorizing the Issuance of $99,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

 

Vice President Roman: Mr. Mania?

 

Mr. Greenbaum: Open it to the public first.

 

Vice President Roman: Does anyone from the public wish to be heard? Seeing none, Mr. Mania.

 

Mr. Mania: Mr. Vice President, I move for adoption and final passage of Ordinance #5-2011.

 

Mr. Perkins: Second.

 

Vice President Roman: Okay, it's been moved and seconded. Any Council discussion? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Ordinance #4-2011 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 Ordinance #6-2011 entitled:

 

Ord. #6-2011 Township of Mount Olive, Morris County, New Jersey Calendar Year 2011 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a Cap Bank (N.J.S.A. 40A:4-45.14).

 

Vice President Roman: Does anyone from the public wish to be heard? Seeing none, can I get Mr.

Perkins?

 

Mr. Perkins: Thank you Mr. Vice President. I move for adoption and final passage of Ordinance #6-

2011.

 

Vice President Roman: Second?

 

Mr. Mania: Second.

 

Vice President Roman: Any Council discussion?

 

Mr. Walsh: I already talked about it.

 

Vice President Roman: Roll call.

 

ROLL CALL: Passed with the exception, Mrs. Labow and Mr. Walsh voted No.

 

Vice President Roman: Ordinance #6-2011 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.

 

Mrs. Labow: I have a question on that for Mr. Dorsey. Does that require a super majority, John.

 

Mr. Dorsey: No.

 

Mrs. Labow: Okay, I just want to make sure because it was finances. Thank you.

 

ORDINANCES FOR FIRST READING (2 nd reading – March 29, 2011)

 

Vice President Roman: Okay, now we have Ordinances for First Reading with the second reading being

March 29, 2011.

 

Ord. #7-2011 An Ordinance Granting Renewal of Municipal Consent to Comcast to Construct, Connect, Operate and Maintain a Cable Television and Communications System in the Township of Mount Olive, Morris County, New Jersey.

 

Vice President Roman: Mr. Walsh.

 

Mr. Walsh: Yeah, I move that Ordinance #7-2011 be introduced by title and passed on first reading and that a

meeting be held on March 29, 2011 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.

 

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

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Okay, we are on to Consent Resolutions. We have six. Mr. Perkins would you

be so kind?

 

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

 

•  Resolution Determining the Form and Other Details of $3,572,000 General Obligation Bonds, Consisting of $1,537,000 General Obligation Bonds, Consisting of $1,537,000 General Improvement Bonds, $575,000 Tax Appeal Refunding Bonds, Series A and $1,460,000 Tax Appeal Refunding Bonds, Series B of the Township of Mount Olive, in the County of Morris, New Jersey and Providing for Their Sale. PDF Resolution

 

•  Resolution Providing for the Combination of Certain Issues of General Improvement Bonds of the Township of Mount Olive, in the County of Morris, New Jersey into a Single Issue of Bonds Aggregating j$1,537,000 in Principal Amount. PDF Resolution

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Mt. Olive Auto Body for Collision Repair Services for 2011-2012. PDF Resolution

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Shared Service Agreement with the Borough of Chester for Fire Inspections. PDF Resolution

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract for the Purchase of Block 8000 Lot 8. PDF Resolution

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person Transfer of Alcoholic Beverage License No. 1427-33-007-008 Owned by Plaza 240 Associates, LLC. (Trading as the Corner Pub). PDF Resolution

 

Mr. Perkins: Yes, I move for adoption of Consent Resolutions Numbers One through Six.

 

Mr. Mania: I'll second it.

 

PUBLIC PORTION ON CONSENT RESOLUTIONS

 

Vice President Roman: Does anyone from the public wish to be heard? Seeing none, Council Comments? Roll Call.

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Next up is Non-Consent Resolutions. We have one, Number Seven. Mr. Greenbaum.

 

RESOLUTIONS NON-CONSENT

 

•  Resolution RE: Petonak litigation.

 

Mr. Greenbaum: I move for approval of Resolution Number Seven RE: The Petonak Litigation.

 

Mrs. Labow: Second.

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

Vice President Roman: It's been seconded. Anyone from the public wish to be heard? Seeing none, Council? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Okay, we are up to Consent Motions. We have three listed. Mr. Mania.

 

CONSENT MOTIONS

 

•  Approval of Raffle Application #2391 for the NJ Civic Youth Ballet, Inc. and Raffle Application #2392 for the Budd Lake Vol Fire Co #1.

•  Approval of a Peddler's Permit for Christine Zwigard.

•  Bill List. PDF Bill List

 

Mr. Mania: I move for the approval of the Consent Motions one through three.

 

Mr. Perkins: Second.

 

Vice President Roman: It's been moved and seconded. Anyone from the public? Any questions on the Bill List? Seeing none, Council? Roll Call please.

 

ROLL CALL: Passed except Mr. Roman voted No on Number two.

 

 

Vice President Roman: We are up to Administrative Reports. Mr. Sohl.

 

ADMINISTRATIVE REPORTS

 

Mr. Sohl: I have nothing to add.

 

Vice President Roman: Any Old Business?

 

OLD BUSINESS

 

Mrs. Labow: I think, Pat? Old Business.

 

Mr. Walsh: No, not this week. Oh, um, hmmmm, hahaha…

 

Mr. Mania: Yes or no?

 

Mr. Walsh: What's that? No, we're talking about moving the resolution, do you want…

 

Mrs. Labow: No, to ask for the meeting for the 29 th , for it to be put on.

 

Mr. Walsh: Why don't you go ahead and do it and I'll second it.

 

Mrs. Labow: Okay, for under Old Business, we want to add the salary ordinance for our non-union employees put on the Agenda for the 29 th for first reading, both ordinances.

 

Mr. Walsh: Yes, yes, I second that.

 

Mrs. Labow: Unless anybody, on second thought, unless anybody wants to vote on it this evening.

 

Vice President Roman: Well your motion has been moved and seconded. Any discussions? Seeing none, Roll Call.

 

ROLL CALL: Defeated, Mr. Greenbaum, Mrs. Labow and Mr. Walsh voted Yes and Mr. Mania, Mr. Perkins and Mr. Roman voted No.

 

Vice President Roman: The motion does not pass. Any New Business?

 

Mrs. Labow: So I want to ask Mr. Dorsey a question, actually, this is still under Old Business. Mr. Dorsey,

since it is three and three, that means that neither one of those ordinances can be considered so what are the

legal ramifications to that decision?

 

Mr. Dorsey: As I understand it, the four so-called exempt employees have retained their attorney who wrote to

me two or three weeks ago. The ramifications of not putting the ordinance on tonight and voting it will be

determined by him. You know, unfortunately I have to say that from a legal standpoint, the four exempt

employees are asserting certain statutory rights which they have. They are unusual rights for employees but they

are statutory rights and I assume that if the Council or the Administration do not come to an agreement with the

four employees, their counsel will proceed with litigation.

 

Mr. Greenbaum: John, I have a question for you. You have already given us a legal opinion that, in fact, the

statutory employees are entitled to raises. How do we defend the lawsuit brought by those employees based

upon the legal position and are we not, in fact, in bad faith?

 

Mr. Dorsey: I haven't yet determined how we would possibly defend that lawsuit because the legislation is

relatively specific.

 

Mrs. Labow: And also, it's been, Mrs. Lashway went through this 12 years ago and…

 

Mrs. Lashway: Yes.

 

Mrs. Labow: She won so it's already been tried.

 

Mrs. Lashway: It's already been litigated in Mount Olive Township.

 

Mrs. Labow: It's already been litigated.

 

Mrs. Lashway: So that this wouldn't happen again.

 

Mrs. Labow: And here we are, this town, it's happening again.

 

Vice President Roman: Mr. Perkins.

 

Mr. Perkins: Thank you Mr. Vice President. I better be cautious as I say this. I'm an not attorney. Right now we

have been asked to place the salary ordinance on to the Agenda for the next available meeting. No official

action other than not placing those ordinances on to the Agenda has taken place. The five people mandated, or

permitted under State statute to get that particular raises could also, quite frankly, waive those raises, have not

lost anything yet because the ordinance has not been brought forward and voted on by the Council, two-thirds

majority, to approve it one way or the other. So I don't know what lawsuit we would be heading for right now

because there's been no action by the Council other than not to schedule the ordinance for introduction. So

maybe Mr. Dorsey, can you define for me where I am liable? Where I can be sued for not scheduling something

yet?

 

Mr. Dorsey: Well, I don't know, appreciating that you are not an attorney, I think you've stated correctly, nothing has yet happened other than the fact that they have not yet gotten what they believe to be, their statutory raises and other than that, nothing has happened.

 

Mr. Perkins: Can you correct, Mr. Dorsey, until we have adopted the budget, the statutory raises would not become into effect anyway so regardless of their, I don't remember a time limit in the statute.

 

Mrs. Maniscalco: Mr. Dorsey, can I answer that? The MOTPEA contract was voted on in January 19 th of last year and the budget was not adopted or introduced at that time.

 

Mr. Dorsey: Well, you know, Ray, the assumption is that the money would always be in the budget. That's an assumption.

 

Mr. Perkins: I believe and correct me if I am wrong and I think most of us were here at the last meeting of the year, the direction from the Council Vice President who was sitting in the chair that evening was to include those statutory amounts into the budget to be presented by the Mayor this year so my assumption based upon that executive session meeting that we were in was that those statutory amounts have already been included in there so until I see the ordinance presented in front of me and take action on it, I haven't violated anything that I should be sued for and that's all I have to…I think.

 

Mr. Dorsey: I didn't mean to imply that you were going to be sued for anything that you have done. I simply meant to imply that the four, is it four or five?

 

Mr. Perkins: Five.

 

Mr. Dorsey: Five employees have certain statutory rights and they may decide that they are going sue and they are going to sue on the basis that the Township Council has not yet adopted those ordinances. That's all I've said.

 

Mr. Perkins: I understand. Thank you.

 

Mr. Dorsey: Are you sure?

 

Mr. Perkins: Yes, I'm all set. I certainly understand.

 

Vice President Roman: Anything else under Old Business?

 

NEW BUSINESS

 

Vice President Roman: New Business?

 

LEGAL MATTERS

 

Vice President Roman: Legal Matters?

 

Mr. Dorsey: I would just say that I'm very disappointed this week because I mentioned to you two weeks ago that Mr. Perkoski, did I say it right?

 

Mrs. Lashway: Perkoski.

 

Mr. Dorsey: Perkoski had been the high bidder, $409,000.00. The next bidder was only $2,500.00 below him. After going through the whole process, nobody knows the property in my mind better than Perkoski because he has farmed the property. He has now refused to close even though we made time of the essence. The term time of the essence means that you give the purchaser notice, we had to give him at least twenty some days notice to close. The date for closing was set for today at 1:00 and he did not show up to close. So he is out of the contract. There is going to be a conference call tomorrow with the County Counsel and with Frank Pinto who heads the Open Preservation department, etc. to see what the next step will be. We are still holding his deposit. We seem to have no indication that we would return the deposit. The matter is simply going to have to wind its way out. It is made somewhat more complicated by the fact the Township is in obligation to see that that land is cultivated and utilized for agricultural purposes this year so we are on that road.

 

Mrs. Labow: John?

 

Mr. Walsh: Could we countersue, I'm sorry…

 

Mr. Dorsey: You can't countersue. There's no reason to countersue. The presumed damages would be the 10% that he put up.

 

Mr. Walsh: Because we've lost other buyers now if we can't get it back. I don't want to argue with you but I'm just bringing up the question.

 

Mr. Dorsey: But it's almost liquidated damages, the $40,000.00.

 

Mr. Walsh: It's $40,000.00, it's that much? Okay.

 

Mr. Dorsey: We have not returned that and I have no intention.

 

Vice President Roman: Mr. Dorsey or Mr. Sohl, I don't know if you can answer this question. Regarding the allegations that Mr. Perkoski is alleging, is there are merit to that?

 

Mr. Dorsey: Well, we do not, we do not believe so because what he now claims is, what's the name of the road that runs along…

 

Mrs. Lashway & Mrs. Labow: Stephens State Park Road.

 

Mr. Dorsey: There are two culverts that come from the north side of the property underneath the road and flow on to a relatively small portion of what was Charters Farm. He never mentions the first two. He mentions the third which is very much at the end almost where Stephens Park Road reaches what, Smithtown Road and now he's and now he suddenly makes the value judgment that that drain creates a certain flow of water that makes that land not tillable. Well he has cultivated Charters Farm for at least the last two years. I mean there is nobody that knows that property better than he does and we are not talking about some hidden defect. We are talking about drains that are open and notorious. The auctioneer who sold the property told me today that he announced the sale as is, as the property is. How else would we sell the property. So for some reason Mr. Perkoski who was very interested in the purchase of the property and bid the amount up to get it has changed his mind. He's made almost a value judgment that he now doesn't want the property.

 

Vice President Roman: How do you recommend that we go forward?

 

Mr. Dorsey: We will go forward after we have a discussion with County Counsel and the head of the Morris County Agricultural…because you understand they are a partner in it.

 

Vice President Roman: Is that it?

 

Mr. Dorsey: Yes.

 

Vice President Roman: Okay. Anyone have any Council Reports?

 

COUNCIL REPORTS

 

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Planning Board Report – J. Mania

Open Space Committee Report – C. Labow

Legislative Committee Report – P. Walsh

Pride Committee Report – C. Labow

Board of Education Liaison Report – A. Roman

Lake/Environment Issues Committee – R. Perkins

Safety Committee Liaison – R. Perkins

Economic Development Committee Report – P. Walsh

Library Board Liaison – R. Greenbaum

Senior Citizen Liaison – J. Mania

Community Development Revenue Sharing – R. Perkins

 

Vice President Roman: Seeing none, this is the last Public Portion. Anyone from the public wish to be heard?

 

PUBLIC PORTION

 

Vice President Roman: Seeing none, Council Comments?

 

COUNCIL COMMENTS

 

Vice President Roman: None. Can I get a motion for adjournment?

 

Motion made and seconded, all in favor and none opposed, the meeting was adjourned at 10:15 p.m.

 

 

_________________________________

Phil Tobey, Council President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on March 29, 2011.

 

 

_________________________________

Lisa Lashway, Township Clerk

 

 

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