TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - September 21, 2010

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:28 President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and moment of reflection was earlier.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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: Mrs. Labow, Mr. Walsh, Mr. Mania, Mr. Roman, Mr. Greenbaum, Mr. Tobey

 

Absent: Mr. Perkins

 

Also Present: Sherry Maniscalco, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; Bill Sohl, Business Administrator; Mayor David Scapicchio

 

President Tobey: I apologize earlier… Mr. Perkins did call me and tell me he would not be able to make it due to a business function so I just want to state that for the record. We are up to Approval of the Minutes of the Previous Meetings. Mrs. Labow would you be so kind?

 

APPROVAL OF MINUTES OFPREVIOUS MEETINGS

 

Mrs. Labow: I would like to make a Motion to approve:

 

September 7, 2010 WS & PM

 

Mr. Mania: Second.

 

President Tobey: Thank you, it's been moved and seconded. Roll Call please.

 

ROLL CALL – Passed Unanimously

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. Information received September 2, 2010, from Rutgers regarding the 49 th Annual Municipal Public Information Contest. PDF Correspondence

 

  1. E-mail received September 8, 2010, from the Rothman Institute regarding RI-FDU: Hear Dodge's Daggett, Novartis' Vasella and Carlyles's Essner. PDF Correspondence

 

  1. E-mail received September 14, 2010, from North Jersey RC&D regarding Twilight Tour of the Walnut Brook Restoration. PDF Correspondence

 

RESOLUTIONS & ORDINANCES FROM OTHER TOWNS

 

  1. Resolution received September 10, 2010, from the Town of Boonton regarding Urging the NJ Legislature to Enact Changes to the Open Public Records Act. PDF Correspondence

 

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

 

  1. Remedial Action Report received September 10, 2010, from Atlantic Richfield Company regarding BP Service Station, Route 46, Mount Olive (BL 3809, Lot 2.02) PDF Correspondence

 

  1. Letter received September 14, 2010, from the State of New Jersey, Department of Environmental Protection regarding Block 2001, Lot 27 (24 Kenmar Road) PDF Correspondence

 

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received September 3, 2010, from the New Jersey State League of Municipalities regarding Moody's Downgrade of Westfield Causes Budget CAP Concerns. PDF Correspondence

 

  1. E-mail received September 7, 2010, from the New Jersey State League of Municipalities regarding 2010 Conference Resolutions – Reminder. PDF Correspondence

 

  1. E-mail received September 7, 2010, from the New Jersey State League of Municipalities regarding Division of Pensions and Benefits Group Counseling. PDF Correspondence

 

  1. E-mail received September 8, 2010, from the New Jersey State League of Municipalities regarding Don't Be Disappointed, Register Now! Moving Up in a Downturn. PDF Correspondence

 

  1. E-mail received September 8, 2010, from the New Jersey State League of Municipalities regarding Updated CEU's and Up Coming League Seminars. PDF Correspondence

 

  1. E-mail received September 9, 2010, from the New Jersey State League of Municipalities regarding Four Mayor's Letters. PDF Correspondence

 

  1. E-mail received September 9, 2010, from the New Jersey State League of Municipalities regarding NJLM – DCA Checklist Clarifications Forthcoming. PDF Correspondence

 

  1. E-mail received September 10, 2010, from the New Jersey State League of Municipalities regarding Corrected Copy Verizon v. Hopewell and Attend Sustainable Jersey Luncheon. PDF Correspondence

 

  1. E-mail received September 13, 2010, from the New Jersey State League of Municipalities regarding Governor's Environmental Excellence Awards II and 2010 League conference Session CEU Procedures. PDF Correspondence

 

  1. E-mail received September 13, 2010, from the New Jersey State League of Municipalities regarding Update on “Tool Kit” Developments. PDF Correspondence

 

  1. E-mail received September 13, 2010, from the New Jersey State League of Municipalities regarding DLGS – News Notice Does Not Clarify “Best Practices” Checklist & Governor signs OPRA Fee Bills. PDF Correspondence

 

  1. E-mail received September 14, 2010, from the New Jersey State League of Municipalities regarding Reminder – Midnight, September 15 th is the deadline for 2010 Certification Applications. PDF Correspondence

 

  1. E-mail received September 15, 2010, from the New Jersey State League of Municipalities regarding Awards program Luncheon Saluting Sustainable Jersey Certified. PDF Correspondence

 

  1. E-mail received September 15, 2010, from the New Jersey State League of Municipalities regarding Order League's 2009 Laws of Interest Book. PDF Correspondence

 

  1. E-mail received September 15, 2010, from the New Jersey State League of Municipalities regarding Best Practices Checklist Clarification. PDF Correspondence

 

  1. E-mail received September 16, 2010, from the New Jersey State League of Municipalities regarding “School Report Card” published by NJ Spotlight. PDF Correspondence

 

  1. E-mail received September 16, 2010, from the New Jersey State League of Municipalities regarding Civil Service Adoption of Amended Rules Selection & Appointment Transfers. PDF Correspondence

 

MORRIS COUNTY

 

  1. E-mail received September 10, 2010, from County of Morris regarding Morris County Green Table – September 29, 2010. PDF Correspondence

 

  1. Letter received September 14, 2010, from the Morris County Agriculture Development Board regarding the 90 Day Municipal Notification of Targeted Farms. PDF Correspondence

 

  1. E-mail received September 17, 2010, from the Morris County Tourism Bureau regarding Mark Your Calendar – Tours and More. PDF Correspondence

 

DCA

 

  1. E-mail received September 8, 2010, from the Department of Community Affairs regarding NJSISC: Fall 2010 Training Program. PDF Correspondence

 

  1. E-mail received September 8, 2010, from the Department of Community Affairs regarding NJLM Seminar “Moving up in a Downturn.” PDF Correspondence

 

  1. E-mail received September 13, 2010, from the Department of Community Affairs regarding Gov Connect Update: September 13, 2010. PDF Correspondence

 

  1. E-mail received September 15, 2010, from the Department of Community Affairs regarding Best practices Inventory Frequently Asked Questions. PDF Correspondence

 

UTILITIES

 

  1. Program Information received September 14, 2010, from Paradigm regarding FREE pipeline safety emergency response program. PDF Correspondence

 

  1. Letter received September 14, 2010, from PSE&G regarding Susquehanna-Roseland Project. PDF Correspondence

 

TORT

 

  1. Letter received September 10, 2010, from Lieberman, Ryan, Forrest & Voorhees, LLC regarding Brian Noll vs. Pet Smart. PDF Correspondence

 

ORDINANCES FOR PUBLIC HEAR ING

President Tobey: We're up to Correspondence. There's 33 pieces, does anyone on Council wish to discuss any? Seeing none, we are up to Ordinances for Public Hearing. I open the hearing to the Public on:

 

Ord.#22-2010 An Ordinance of the Township of Mount Olive, County of Morris, State of New Jersey Amending and Supplementing Chapter 400, Land Use, of the Revised General Ordinances with the Addition of Newly Created Section 400-76 Entitled “Wellhead Protection.”

 

President Tobey: Does anyone from the public wish to be heard on this? Seeing none, I close it. Mr. Walsh…

 

Mrs. Labow: He stepped out.

 

Mr. Greenbaum: I move the approval of Ordinance #22-2010.

 

Mr. Labow: Second.

 

President Tobey: Thank you, I'll second that. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed with the exception of Mr. Walsh who was not present at the time the vote was taken.

 

President Tobey: Ordinance #22-2010 is passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. Ordinance #23-2010, entitled:

 

Ord.#23-2010 An Ordinance of the Township of Mount Olive to Amend and Supplement Certain Sections of Articles II, III, IV and VI of Chapter 400, Land Use, of the Code of the Township of Mount Olive.

 

President Tobey: We're going to continue to October 5, 2010. Can I get a Motion to continue that to October 5, 2010?

 

Mr. Greenbaum: So moved.

Mr. Mania: Second.

 

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

 

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING - None

 

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 – J. Mania

 

  1. Resolution of the Township Council of the Township of Mount Olive Approving an Emergency Purchase in the Amount of $11,500 Due to Pump Failure Located at Pine Crest Well #1. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Andy-Matt Inc., for Snowplowing Services. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to AT&T Mobility Corporation for the Lease of Space on Township-Owned Water Tanks for the Placement of Wireless Communication Antennas and Equipment. (5 Gail Drive Water Tank) PDF Correspondence

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing Payment Certificate No. 1 (Partial) in Connection with the Improvements to Wolfe Road Project. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2010 Municipal Budget ($15,605.75 for the Drunk Driving Enforcement Fund) PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2010 Municipal Budget ($1,125 for Donation - Benjamin Moore) PDF Resolution

 

President Tobey: We're up to Consent Resolutions. We have six listed. Does anyone on Council wish to have them moved to Non-Consent?

 

Mrs. Labow: Phil, I don't see the one on here for Judy Hirky.

 

Mr. Greenbaum: Seven, its number seven.

 

Mr. Sohl: It's Non-Consent.

 

Mr. Dorsey: It's Non Consent.

 

Mr. Mania: It's Non Consent.

 

Mrs. Labow: Oh, I'm sorry. It was down…my fault. Also we just need to make the correction that Pat pointed out which was a good catch on the… we don't want the lowest bidder for the AT&T.

 

Mr. Greenbaum: It was the lowest bidder though.

 

Mrs. Labow: It was the lowest bidder but…it was the only bidder but I don't know if we need…

 

Mr. Roman: Then I'm assuming we make a motion to remove Resolution number two?

 

Mr. Mania: Yes.

President Tobey: Okay, we're removing number two and I'm going to ask Mr. Mania to move one and three through six. Number three as amended.

 

Mr. Mania: I move Consent Resolutions one through six with number two being removed and number three amended.

 

Mrs. Labow: Second

 

PUBLIC PORTION ON CONSENT RESOLUTIONS - None

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - None

 

President Tobey: Thank you, does anyone from the public wish to be heard? Seeing none, any other Council discussion or comments? Roll Call please.

 

ROLL CALL – Passed Unanimously

 

RESOLUTIONS NON-CONSENT – R. Perkins

 

  1. Resolution of the Township Council of the Township of Mount Olive Commemorating the Life of Judy Hirky. PDF Resolution

 

President Tobey: We're up to number seven on Non Consent. Mrs. Labow, would you please move Non Consent Resolution number seven?

 

Mrs. Labow: Yes, I'd like to move Non Consent Resolution number seven and also I want to request that we read it verbatim.

 

President Tobey: Thank you it's been moved, I'll second that. Mrs. Labow, would you like to read that into the record?

 

Mrs. Labow: Yes I would, thank you very much.

 

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE

TOWNSHIP OF MOUNT OLIVE COMMEMERATING

THE LIFE OF JUDY HIRKY

 

WHEREAS , Judy Hirky, as a graduate of Beth Israel Nursing School, came initially to Mount Olive as a school nurse at the Sandshore School where she served in that capacity for some twenty-five years; and

 

WHEREAS , in 1973 she moved to Budd Lake and became a very active participant in the affairs of the Township of Mount Olive; and

WHEREAS , for twenty-five years she served on the Environmental Commission and as the Environmental Commission's representative to the Planning Board; and

 

WHEREAS , she became active in the acquisition of Open Space by the Township and, in particular, spearheaded the campaign to acquire what is now known as Turkey Brook Park and became an official member of the Open Space Committee in 1996; and

 

WHEREAS , Judy's love of the Township and her dedication to it was exemplified as one of the founding members in 1977 of the Mount Olive Township Historical Society, in which capacity she continued to advocate for the historic preservation of structures and the heritage of Mount Olive; and

 

WHEREAS , Judy Hirky has not only been an outstanding professional who has served the Mount Olive Community, but as an active citizen gave freely of her time for many pursuits which the Township has benefitted from such as the acquisition of Turkey Brook Park, other major Open Space acquisitions, as well as her commitment to the Mount Olive Historical Society; and

 

WHEREAS , the passing of Judy Hirky marks a great loss to the Township in terms of a dedicated and active citizen who has contributed greatly to the development of the Township; and

 

WHEREAS , her passing at the age of 84 is sad and a great loss to the Township in terms of the areas in which she actively participated; and

 

NOW, THEREFORE, BE IT RESOLVED by the Township Council , Township of Mount Olive, that it does hereby acknowledge the outstanding work that Judy Hirky has done over the years as an active, dedicated citizen within the Township in connection with the Environmental Commission, the Open Space Committee, and the Township's Historical Society, and notes that her loss is a great loss to the Township and the Township Council wishes to commend her for all of her outstanding services to the Township over the last 40 years.

 

President Tobey: Thank you, does anyone from the public wish to comment on Resolution number seven?

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

Ned McDonnell, Budd Lake: I think we're all very sad of the passing of Judy Hirky. Maybe this is a time to think about setting up some form of memorial or recognition for special Township residents. A hall of fame or whatever you want to call it. We have pictures of past Mayors and lots of places have plaques for politicians and stuff but I think we need something more permanent for outstanding citizens of this town. With the passing of Judy it might be a good time to do a little more serious thinking of having a hall of honor so to speak of residents.

 

Mr. Sohl: I'd like to suggest that it might be something the Pride Committee could look into.

 

President Tobey: That's an excellent suggestion.

 

Mr. McDonnell: Or the Historical Committee because our outstanding citizens are part of our history.

 

President Tobey: Mr. Sohl, if you would ask the Pride Committee or even forward it to the Historical… Mr. McDonnell if you have any suggestions, I don't believe there's anyone up here that would not be receptive to evaluating them so thank you. Mr. Mania?

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

Mr. Mania: Just a quick comment. I'm in the process right now… I guess you know that Marie Ruggiero passed away. We're naming the senior hall after her. There's a Resolution and on October 21 st at twelve noon, I will be presenting a plaque to the seniors with her family present and we will dedicate that hall to Marie Ruggiero.

 

Mr. McDonnell: That's excellent because I think years down the line, people should be able to come to this Township and somewhere, see some of these people's names and realize what they did for this town.

 

Mr. Mania: The plaque will have Marie's name on it with a picture of her and her husband.

 

Mr. McDonnell: Great, thank you very much.

 

Mr. Mania: You're welcome.

 

Mrs. Labow: Ned, I also wanted to note that… it was funny because I always drive by the Dan Jordan fields over in Flanders and I was wondering who was Dan Jordan so I started asking people, “who's Dan Jordan” and Lisa Lashway when doing the Minutes one day, she had seen that I had asked that question also at a Council meeting and she was able to research, found a Resolution back from 1976 I believe it was, when they actually named the Dan Jordan fields. It turned out that Dan Jordan was a member of the Recreation Committee and very instrumental in getting a lot of the recreation programs up and running. All of these years my kids played at those fields, I've driven by there for 29 years and I had no idea who Dan Jordan was so I think your point is very well taken and that we have citizens in town, in different facilities that were named after them and even streets and as time goes on some we know but some we don't know. I think it's a really great idea to have some type of program where we can reference and look back on our history and I think with the Pride Committee and definitely the Historical Society, would be great venues to put that process together.

 

Mr. McDonnell: There ya go. A Resolution is fine but it's just a piece of paper and people out in the town aren't going to see that piece of paper unless they actively look for it. Whereas if you had something concrete, whatever it may be… I think it's a good thing.

 

Mrs. Labow: For the Dan Jordan field, I was actually going to contact Mr. Lynch and ask him to put some kind of a plaque there so when people go to the park, they can actually read it and see… you know, I'm sure it was very tiny at that time in 1976 so thank you, thank you Mr. Tobey.

 

President Tobey: Thank you Mr. McDonnell. Roll Call please.

 

ROLL CALL – Passed Unanimously

 

President Tobey: We're up to Motions. We have two listed. Mr. Mania, would you please move?

 

MOTIONS CONSENT

 

Mr. Mania: Mr. Chairman, I move for the consent Motions:

 

•  Bill List. PDF Bill List

•  Approval of Raffle Application #2366 for the Mount Olive High School Band Booster Association, Raffle Applications #2367 and #2368 for Mount Olive High school Parents Club.

 

Mrs. Labow: Second.

 

President Tobey: It's been moved and seconded. Does anyone from the public have any questions on the Bill List? Okay, seeing none, Roll Call please.

 

ROLL CALL – Passed Unanimously

 

ADMINISTRATIVE REPORTS

 

President Tobey: We're up to Administrative Reports. Mayor, Mr. Sohl?

 

Mayor Scapicchio: Nothing to Report.

 

OLD BUSINESS - None

 

NEW BUSINESS - None

 

President Tobey: Thank you, any Old Business, any New Business, any Legal Matters Mr. Dorsey?

 

LEGAL MATTERS - None

 

Mr. Dorsey: None for this evening.

 

COUNCIL REPORTS

 

President Tobey: Are there any Council Reports here this evening?

 

Recreation Liaison Report

 

Mr. Roman: At the last Recreation Committee meeting a discussion came up about some of these sports programs that have blanketed use for the recreation facilities. In case you're not aware of what that means, when an organization… it mostly happens with baseball. They will block out a period of times with the fields but not use them and that prevents the Township from renting them to outside organizations that pay to use those fields. It was met with some opposition by said organizations but I believe that they're going to be amiable to it. One of the attendants in the meeting was kind of upset that any money generated by the Township for use of fields by other entities, that the money would not be used to go back to the said organizations. I anticipate in the future you'll see a lot more paid use of the fields which it is my hope that the money generated from, will go right back towards maintaining the fields because quite frankly our fields and some of our infrastructures are starting to show the signs of, not necessarily neglect but the inability to get to all the little things that pop up here and there. I would like to take this opportunity at this point to, as we are heading into the budget cycle that I would like to request the Administration to look hard into the field maintenance part of the budget. To not trim it any further than it has been and I would also request even the possibility of start thinking of maybe adding to it in order to make sure, that the investments we have made in the past does not get negated with the disarray of some of the fields. I don't know how many of us here, one Councilman actually attended, especially at Turkey Brook Park but there is a lot of things falling apart over there.

 

President Tobey: Mr. Roman, I know there was some pocket discussions from some of the sports organizations about taking on field maintenance on their own. Has that come up in any of the meetings?

 

Mr. Roman: Yes it has. Unfortunately what happens at some of the organizations… when they take it on their own, insurance has always been a problem and whether they will do it properly. Jim Lynch can definitely address to that as to some of his reservations about it.

 

President Tobey: Excuse me, it was my understanding that they would not necessarily do it on their own but they would undertake it though a subcontracting process and certainly, anyone that they hire would be able to indemnify or hold the Township harmless. I'm sure Mr. Dorsey would confirm that.

 

Mr. Roman: I think it would have to happen at least… and correct me if I'm wrong Jim, at least a spec sheet would have to be drawn up as to if the organizations wanted to get this… you know, have somebody else come in, they would have to follow these steps. I personally, I encourage that. It will kind of give the organizations kind of an ownership on it but it also brings up that other thing that happens with sports organizations that they start believing that those fields are theirs. Thus comes the mentality where they come and block time where they just don't want to see any other organizations or any other residents enjoy the use of the fields unless they are going through the conduit of the organization. It is a mentality and ends up happening when you have an Administration leadership within an organization that stays and plays there for too long that you know… I've seen them scare off a group of kids that were actually playing baseball. They weren't authorized on the field and I'm kind of a little disturbed. You have a group of seven or eight kids who just decided to do a pickup game and here comes, not Township officials but members of the baseball organizations to tell them that they're not allowed to play on the fields and I, for one, think it's a sad commentary.

 

President Tobey: Mr. Lynch?

 

Mr. Lynch: Part of what we discussed at the last Recreation Advisory Committee meeting is as Councilman Roman states, what we're running into is exactly what he alluded to. Many of the sports groups with their fields in town, it is enticing for them to look at holding the maintenance for those facilities because they believe they have ownership. As Turkey Brook Park exists, it's a Green Acres property. We have to allow any one in there to use the fields at any time. When talking to some of the sports groups about a perpetual maintenance that they are funding, there are certain sports that only use fields seasonally. Soccer is a spring and fall club. Baseball is heavy in the spring and lighter in the fall. Football is a fall only driven sport essentially. They would have to embark upon maintaining these fields from April 1 st through the end of their season, usually November 15 th . In looking at the costs associated with processes and the equipment that the Township holds, I've done this before… our budget, this past year I've done it and other years for budgetary reasons. Many landscapers do not hold the equipment that we've invested in over 30 years of maintaining parks in this town. That becomes an issue that they don't have the equipment to do what we do. When looking at that as a whole, the costs go up because they either have to go out and purchase this specialty equipment or rent it. The other thing we look at is when we go out for any service, the sports groups are quasi entities of the Township, therefore the mowing that they're going to engage various contractors in, may have to be put out to bid and it may be paid as a prevailing wage job which at that rate would take it to a much higher pay scale than an entry level DPW employee makes. We're grappling with a lot of issues and if they begin maintaining the fields, it becomes an issue of mine as Mr. Roman alluded to, they take ownership. They go out at Turkey Brook Park and they try to eliminate the children that show up. School kids, groups of adults, high school graduates that come after they graduate to play frisbee football. There are a lot of issues and I'm not sure exactly how to maintain them. We are seeing this become more and more of an issue as we spoke at the recreation meeting. There's a growing nature of club teams, instead of our own recreation organizations. The funding for field permits does go back to support recreation which has been taken out of the tax base budget and is now self sustaining so there are issues of where does our rental fees go back to. If we're renting a field and we're going to use the money to support recreation, that's great because right now we don't rent many facilities. In all honesty, in other towns that do it successfully, down in Somerset County, they have huge facilities that they rent out for weddings and other events that draw much more money than we do. Our field fee is… de minimis amount of money that comes into recreation; it doesn't get you over the hump. It's just a little bit of money that comes in here and there. If we were doing it to rent fields out to make a profit, why would we be degrading the fields and charging a fee to put it right back in and create more work for my department or for a contractor. That is a question to me, are we really achieving anything by renting them that aggressively to make the money? It would be a detriment to the field in my opinion. Right now we're not seeing a detriment. We're talking one or two rentals a month of different facilities so it's not a big number. We can look at it. I've talked to Tim, Sherry and Jill Daggon, our Recreation Supervisor. We're trying to get a handle on where we can go, what the costs are going to be and basically what we have to do in the future to make sure we have viable fields. Yes, Councilman Roman, there are certain things that didn't get done this Summer. We are stretched. I told this Council at my budget hearing that even with the reduction of two staff, we would continue to function. We did, we didn't function to the level that we had in the past but we functioned and we covered everything all year and it was a tough summer, the hottest, driest summer we've had since 1895. We did it and it was a challenge and so we'll continue to do the job. If there are concerns, please feel free to e-mail me, address me. I'll look it up and see what I can do.

 

President Tobey: My comments are if there's an association that's looking to take on that responsibility and pay for it through their fundraising, I think we need to seriously explore it in terms of them “taking ownership.” I think we need to make it clear to them that it's not the case. Quite frankly I see a positive in that. When someone looks at it as though it's their own, they tend to take better care of it so I actually see the positive in a scenario like this. Mr. Greenbaum…

 

Mr. Greenbaum: When I started out on Council we started cutting departmental budgets as we went along. I don't think we raised departmental budgets in the last 10 years. Little by little we've widdled away to the point where it's this joke in the building that departments are sharing paperclips and pencils. We've had discussions as we cut that eventually you're going to see the degradation of our parks and our buildings because we can't afford to maintain them anymore. While Mr. Roman's point in terms of increasing the budgets in those areas so that we don't lose the facilities that we have is a good point, the bottom line is based upon the constraints that we have passed down by the State of New Jersey, if we are going to increase areas such as field maintenance, building maintenance; we're going to have to subtract someplace else. What you're going to start to see is a loss in terms of employees in the building which is then going to result in the fact that you may have additional funding but nobody to do the work or we may have less Police officers on the road and when it comes down to maintaining a certain number of Police officers or having fields maintained by groups that are claiming ownership, I vote for the latter. I think it's the lesser of the two evils. We're at a point now where we're going to user fees and we're going to look for the people who use facilities to help maintain facilities outside of the scope of the tax revenue which is collected by this body so the bottom line is that we don't really have a choice anymore but to look to the sports organizations to say listen; we can't cut taxes or get our tax levied below that which the State requires and maintain the fields to a position that you will be satisfied with. It now requires your department to start working with these groups to find the right balance between what they will require to maintain the fields and what you will require in terms of allowing them to maintain the fields. There is no other option. We are at a point now where we cannot spend or waste one tax dollar because we are capped. We are capped and we have increased costs that are outside of our ability to chop. We can't reduce our medical benefits. We can't reduce the pension costs that are being passed along. We no longer have the ability to maintain our facilities so we either become a creative group, or find some method of doing it like asking the sports organizations to participate or we just let the facilities die and close them for good because that's where we're at. We have no other choice and as Mr. Tobey said there is a positive side to having the groups that primarily use the fields maintain the fields in a condition that we can all be proud of. I, too, see it. Turkey Brook is not in the same great condition it was when you had the manpower and the dollars to be able to maintain it in the fashion that it was meant to be maintained. You just can't do it. You don't have the people, you don't have the money. We're starting to see the chain of events of starting to fall apart. The area in front of a… the roped off area where the rocks are and the drainage is… the weeds are overgrown there and it's just not feasible anymore. The suggestion is, find a way to do it. Come back to us, tell us that this is what you've come to with the sports organizations to be able to maintain those fields or eventually we're just going to have to close them down because they're not going to be usable anymore and that goes for this building too. We need to be creative in terms of how we're going to continue maintain this building because we don't have any money.

 

Mr. Lynch: I agree wholeheartedly with both you and Mr. Tobey and I think we have begun working, Jill and I, on the process. There are going to be some issues we have to iron out with the sports groups. We have engaged them and we're waiting to see how receptive they are to these ideas that will I think allow the best interest of our sports groups and the public at large in Mount Olive to both take ownership of the park. I will look into the same options for this facility and other facilities in the Township but we are, since the last Recreation Advisory Committee meeting, moving in that direction. I just think we need to fuse two very polar opposites in to one positive for the Township and we're going to work on it.

 

President Tobey: The timing is perfect Mr. Lynch. We're in fall and we'll be going into the winter and there is plenty of time to be creative and do some planning and as a leader, we certainly look to you to bring those forces together.

 

Mr. Lynch: I appreciate everything Council has done as well as the Administration. I look to Administration in the next several months to help me move this forward so that Council can look at it.

 

President Tobey: Thank you.

 

Mr. Lynch: Thank you.

 

Mr. Mania: Before you leave, is there a possibility of maybe getting parents whose children are in the programs, to volunteer to do some of this work? Is that a possibility?

 

President Tobey: I think that would need to be asked of or feelers put out from the associations themselves.

 

Mr. Mania: Just a thought.

 

President Tobey: Not a bad idea but let it trickle down I think from the associations.

 

Mr. Lynch: If I may speak to Mr. Mania's comment. The associations, soccer, football and baseball are primary users of Turkey Brook, engage in field maintenance days where they bring their parents in. I know baseball has large court details. Soccer continues from when I was a child in this town, work details on fields. They're very helpful. Our sports groups in Mount Olive should be commended. Many towns will line the athletic fields or do other work with their batting cages that our sports groups have been doing in this town for 30 years. That is an absolute extreme effort and it is appreciated by my department. As we know, Mount Olive has a lot of open space that a lot of people in the town have worked very hard to procure. We try hard to maintain it but without those people up front, doing the work, our fields would not even be close to what they are today so we will continue; we'll look to foster that Mr. Mania and I will be back to my director, to the Administration and hopefully to you in the very near future.

 

Mr. Mania: Thank you.

 

President Tobey: Thank you Mr. Lynch.

 

Mr. Lynch. Thank you.

 

President Tobey: Any other Council reports this evening?

 

Planning Board Report

 

Mr. Mania: Yes, I just… I attended a Planning Board meeting on Thursday evening. On the Agenda was reconsideration of an application that had been rejected by the Planning Board. When the applicant applied for… to subdivide a lot, he was under the impression that he needed a variance and he presented to the Planning Board with a variance. Well it was rejected by the Planning Board, the application and last week the applicant came back with an attorney and asked the Planning Board to reconsider this application once more. His attorney found out that there was no variance required so it's a conforming application. The lots when they're subdivided will conform. Some of the people in the audience who live in that area of Country Club Estates were complaining that there are drainage problems and site distance problems and the Chairman of the Planning Board, Mr. Fleischner at the time suggested that they come to the Council and Administration to present these problems but they were under the impression, by saying there was a drainage problem and a sight distance problem that the application should be rejected. Well it's not the applicant's fault. He hasn't even done anything yet so I expected to see some of the residents from Country Club Estates here this evening. I don't know if there's anybody out there from Country Club Estates but I just want to let the Council know.

 

President Tobey: Thank you Mr. Mania. Are there any other Council Reports this evening, Mrs. Labow?

 

Mrs. Labow: It's not necessarily a report from a committee but I just wanted to say that this past Sunday at Wild West City one of our officers, Lt. John Glinko, participated in a fundraising effort. We had all got e-mails on that. He requested any assistance in donations. There is a little two year old that has a rare form of cancer and needs a lot of treatment and the family is looking for funds and help. It was a very nice event. Congressman Rodney Frelinghuysen showed up in western attire and arrested Lt. Glinko and the Mayor of Stanhope and they were released on ROR. It was a very well attended fundraiser, so I was really very proud that our Lieutenant actually participated in this very worthy event and I think it's just the type of caliber of people that we have working for us in our Township. They do go out of their way on their days off, nights off, mornings off, whatever, to help people in the community and communities surrounding us and I was very proud to be able to be there and see that take place. Thank you.

 

Board of Health Report – R. Perkins

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 – P. Walsh

 

PUBLIC PORTION

 

President Tobey: Thank you for sharing that. Any other Council reports? Seeing none, we're up to the second Public Portion. Does anyone from the public wish to be heard? Yes, please…

 

Mrs. Charlie Uhrmann, Jennies Lane: The last I spoke before this Governing Body was on June 22, 2010 and I had made a couple of requests. One of the issues that I brought before this body was the issue of the Election Day debacle, where we were inadvertently knocked out accidently, human error. We requested a follow up on actions by the Municipal Clerk after the incident. In the interim, I was reported to the Morris County Prosecutors office by the Township for terroristic threats towards the Municipal Court… or the Municipal Clerk. Following that day that we spoke, the following week, Councilwoman Labow had basically requested mediation between she and I. She wanted private mediation and an apology from me. I'm going to get the apology issue out of the way. It… you'll never receive an apology from me. I am… I have been a lady, I have been patient, but to have a private mediation would basically bury the very things that I feel imperative to be unearthed so what I have decided to do, now that I am an “empty nester,” I had made a couple allegations pertaining to some of what I perceived to be misconduct, unethical conduct. A linty of things that I think… that I feel should really concern this governing body. It should concern you to such a point that you would want to have this information, if you truly… if you truly feel you want to represent the people of Mount Olive. Whether this is a personal vendetta, or whether or not that other members of our community are being treated this way. I want to take the effort right now, and I will. To provide you with the information I promised on June 22 nd . I requested a meeting between the Mayor and the Council President and that hasn't happened. I've asked you to investigate the allegations. Not the fact that the doors were locked because we know they were. That's not in dispute. It was what happened afterwards, it's what continues to happen time and time again with two particular people of this Township, Clerk Lashway and Colleen Labow. I have recently had been given e-mails between the two of them. What was omitted of those e-mails were any conversation or any e-mails that went back and forth between the governing body. These were e-mails that went specifically between Lashway and Labow, upwards to 4,000 e-mails, ones that you'd be nauseated to have to read. The gossip, the slander, the defamation of character, the attacks, the conspiracy, it was sick. It was absolutely sick and we will address those but we will not address those privately because I feel that the people need to know who's truly working for them. I will do it in a very concise, legal brief manner and we have about 13 of these. Thirteen of these that I can demonstrate, that this is unprofessional, this is unprofessional. While you people… while Lisa and, and, and… Labow may think that they're friends that should happen after hours. We have constant complaints that we don't have enough workforce in the Clerk's office because of the overwhelming open public records requests that she has been given. No, that isn't it at all. Perhaps it could be all the hits on NJ.com's or some of the different websites they visit or the constant chatting back and forth about various things. Perhaps it could be that some people are so busy soliciting vendors for other people's organizations. This is not stuff tax payers are paying for. We're talking about cutting the budgets and all this other stuff. This is what you need to look at. It's a waste of our tax payer's money because this is not what we're paying for. We're not paying for the gossip and the backstabbing. It's, it's really a disgrace. I've never seen such volumes of this kind of stuff. This is completely unwarranted, it's unethical, it's embarrassing! It's absolutely embarrassing! Just because you say you're a professional doesn't mean it's true. I have sent these same documents to state agencies and we'll be meeting next week but they feel that the Township needs to review these as well. These are ethical, these are ethical violations that they feel that the Council President and the Administration needs to examine. You need to at least… you can't control Colleen Labow. Nobody can control her. She's out there but with this Clerk, you at least have some type of control during business hours and that's to be the Municipal Court…, the Municipal Clerk and her description is very clear and concise. I am asking you to sit down, look at what I have, because what really baffles me is what I have found within some of these e-mails, how in the world anybody could evaluate an employee with all of this stuff lingering. What is really disturbing and the reason why I am so pissed off right now is the fact that I did nothing wrong on Election Day. I just complained that the doors were locked and then I am accused of terroristic threats? Are ya kiddin me? Call wolf one more time… but that's not even what pissed me off. What pissed me off was the e-mails Labow decides to send to the prosecutor's office to solidify it, to put that nail right into the coffin. Yes you did!

 

Mrs. Labow: I…

 

Mrs. Uhrmann: Are you sure you want to do that? I've got your e-mail right here! Are ya sure?

 

Mrs. Labow: One e-mail…

 

Mrs. Uhrmann: I don't care if it's an e-mail. This was a confidential, criminal investigation that you didn't need to stick your nose in and stop! You don't have the floor right now!

 

Mrs. Labow: Okay go ahead, finish… go ahead.

 

Mrs. Uhrmann: Nobody was allowed to have any interference in that investigation. She had no dog in this hunt. She had no business to stick her nose into it because it didn't concern her. But there are issues, after issues, after issues that, that… I am involved in, that I always find she sticks her nose into it. She uses her Council position, her elected official position to constantly imbed herself into my business and I'm tired of it. Now I know how to get rid of her. That's not a problem. You need to control the Clerk. She is your problem and you need to control her because she becomes my problem when you don't control her and I'm tired of it. I won't do this privately because that's what Labow would want. She doesn't want people to know who she really is and then we'll put all this stuff on a web site… and then we'll put it all there because it's not just my word against theirs. I have supporting documents now and Council President, I'm tired of it. I have asked the Clerk on numerous occasions to stay out of it, don't get involved, but it happens every time. From the All Veterans Memorial, every time when I'm reading these Minutes, every time we bring up any type of a financial or 501 C3's or whatever… you've got Colleen Labow trying to make doubt about whether or not the All Veterans Memorial was financially responsible with the money that was entrusted by the people. I never had any complaints except from her and I am tired of it. We will continue to address this over and over and over again until they stop.

 

President Tobey: Mrs. Uhrmann, I don't know what you have there. If you have something that you want to present to myself… the only thing I can say now is, ya know, I will, ya know… seek the advice or speak with our Attorney. Other than that there's nothing else I can state at this time except if you want to provide something, please do so.

 

Mrs. Uhrmann: This will help, in the future to evaluate an employee because I don't really feel that you guys in the eight years that she's been claiming she's a professional, I don't know what kind of gage you used to evaluate … and it gets complicated but this should clear things up for you. Did the meeting with Clerk Lashway ever happen between a… the Township? The investigation that you promised.

 

President Tobey: There was no meeting; there was no follow up investigation for a couple of reasons, that the timing did not allow it. Okay, but once again if you have something to provide, please provide it and I will follow up with Mr. Dorsey and the Mayor tomorrow.

 

Mrs. Uhrmann: This is confidential and it is for you, Mr. Dorsey and the Mayor only. And you'll probably get two each, each meeting until we're exhausted, until each and every issue is clarified. Thank you.

 

President Tobey: Thank you, does anyone else from the public wish to be heard on anything, yes sir?

 

Nelson Russell, Budd Lake: I'd like to address Ordinance #23-2010. I know it's been put on hold because it's been sent back to the Planning Board. I commend the effort to make these changes, particularly in the definition side, although I think more work is required. Deck is close to what the State defines as a deck. The State defines a deck as a raised structure on pillars or posts attached to the house and having no roof or enclosed sides. The enclosed sides…. decks require a railing which is an enclosed side. Patio, I'm glad the word “usually” is in there because there's a State capability that the Zoning… that the Construction Official must approve any alternate equipment, design or material which would allow a patio to made of other than masonry material. We run into some problems with the definition of structure. Structure in our Municipal Code is any combination of materials for use or esthetics which covers a wide variety and would include patios. We have two kinds of structures in town. We have the primary structure which is the principle building and it has to meet the bulk requirements for setback. We also have accessory structures which have to be set back from the side line, one and a half times the height of the structure. Unfortunately in our definitions, they have to be 15 feet from the principle structure. Which type of structure would a patio be, if we don't build patios 15 feet from the building? We also need some changes; our Code says that we are using the National Electrical Code. DCA says that all municipalities have to use the New Jersey Electrical Code and there is some significant differences between the New Jersey Code and the National Code. New Jersey adopted the National Code but made certain exceptions and certain changes to it. In my particular case it has to do with bonding grids for hot tubs. On the New Jersey Code, bonding grids are not required. I brought this to the attention of our electrical inspector who said that those laws didn't apply and required a bonding grid. We've finally talked and he said, okay, if you lift the hot tub and put wood on top of your brick patio, everything's okay. That's what started my problem in the first place when I had wood on top of concrete. It's now a raised structure of wood, not attached to the house but I'm in compliance with the electrical inspector. What's to prevent the Zoning inspector coming back and declaring it a deck and having me take up the whole thing and put in footings even though it's on the ground. I've made an offer in writing to Gary Lindsay to help revise the Code. In building my deck, patio, whatever it was, I became very familiar with both the municipal and State Codes. Our existing definition of deck is a structure for immovability or seating not providing for the mooring of a boat. That's so general, that my porch swing, patios, my car… meet that definition of “deck.” The fact that we're changing that here… um, I'd like some input into the process. I think I have something to add to it and I know there are going to be some revisions because it's been rejected by the Planning Board. Thank you.

 

President Tobey: Thank you, does anyone else from the public… yes sir?

Ned McDonnell, Budd Lake: I'm a little concerned about one of the previous persons up here making a lot of accusations. The words conspiracy, terroristic threats, etc. were going around. My concern is this package of materials that were given to the Council President; aren't occurrences in a Public Meeting… don't they become a matter of the public record? I'm a little disturbed of someone coming to our open public meeting and giving a package of materials to someone on the Governing Body and claiming its “confidential material.” I'm a firm believer in transparency in government and it just strikes me as a little bit… not frightening but maybe… I guess just disturbing that these kind of things would occur and my feeling is if something's supposed to be “confidential” then it should be handled in the Court or some other means but not waved around in a public meeting and then given to one member of the Governing Body, during a public meeting.

 

President Tobey: At any Public Meeting Mr. McDonnell, anyone can certainly come forward and present a concern, an issue that they're dealing with. The information that's been provided certainly as you may have heard me earlier… it's not appropriate for me to comment any further than say… this is something that I need to seek the advice from our Attorney on but once again, anyone can come forward. I don't know what's in here. It's basically…. There's nothing else to say, no further discussion other than, you know… we need to seek the feedback from our Counsel.

 

Mr. McDonnell: I absolutely agree that anyone has a right to say pretty much anything they want to say in a public meeting but I just have concern about confidential materials being passed across the dais.

 

Mr. Dorsey: Ned, there no longer confidential. Once they're turned in, in part of a Public Hearing.

 

Mr. McDonnell: So these items are… will become part of the public record?

 

Mr. Dorsey: Yes, I would think they would.

 

Mr. McDonnell: Thank you.

 

President Tobey: Thank you does anyone else from the public wish to be heard, please…

 

Mrs. Uhrmann: It's already public record. If you do an Open Public Records Act, these documents too are available to you so anytime that you want to, to ask questions or obtain any type of information, and that's what's in that packet. It's supporting documentation. It's for the Ethics Commission, it's for … you know, you wanna… we'll put it up on a web site. If you're that disturbed, I will provide you with just some, some of the documents that are inside there, if it upsets you this much. So you just give me a call and I'll make sure that you get a copy of whatever e-mail you want or whatever publication you want that's in there. I don't know what you're going to do with it but you can have it.

 

COUNCIL COMMENTS

 

President Tobey: Does anyone else from the public wish to be heard? Seeing none, we're going to move on to Council Comments. Does anyone on Council … Mrs. Labow?

 

Mrs. Labow: Yes I just want to speak to accusations that Mrs. Uhrmann made during the Public Portion. The e-mail that she's referring to for the prosecutor's office, when her husband came to a Council meeting… I don't know how… a month and a half ago. He mentioned an article in the Daily Record about terroristic threats that I hadn't seen. I didn't know what he was talking about. I had researched it when I went home and when I finally found it, it wasn't really an article. It was like two paragraphs at the end of a piece that Fred Snowflack had and I… it was… it took me a while to find it and Mrs. Lashway was not at the meeting, of course Chief Spitzer wasn't here and the detective from the prosecutor's office of course was not here and since I knew that it was an investigation going on, it was mentioned at a Public meeting, I just copied the article and sent it to the three people involved. It was just that Mr. Uhrmann had been there and mentioned it. That was it that was the only e-mail that was sent on the whole entire thing. I had no involvement with the entire thing so I just wanted to make that very clear on what the e-mail was she was speaking about. Thank you.

 

President Tobey: Mr. Walsh?

 

Mr. Walsh: No, it was Mr. Mania.

 

President Tobey: Mr. Mania?

 

Mr. Mania: Just a quick comment. I lived here 48 plus years and I have never heard anything negative about our sanitation department, just a comment. Thank you.

 

President Tobey: Mr. Roman?

 

Mr. Roman: Nothing.

 

President Tobey: Mr. Greenbaum?

 

Mr. Greenbaum: I would just like to comment on the passing of Judy Hirky. Judy was an honoree, an individual who stood fast in her beliefs in terms of what she thought was right and wrong for the community and in her passing, I had suggested when the time came, when Council was looking to do something, to recognize her, her life… that perhaps we could somehow come to some kind of bronzed Resolution or a picture of her to be placed in the library and I think that the suggestion that Ned made in terms of honoring those people who have done significant work on behalf of the Township is a great idea and I think the Library is an appropriate place to honor those individuals; so someone who is seeking knowledge about the Township can actually wander throughout the course of the Library and look to see about the lives of the people that the Town Council has honored.

 

Mrs. Labow: Great idea.

 

President Tobey: I would agree, thank you. I have no comments. At this time I will accept a motion to adjourn.

ADJOURNMENT

 

Mr. Mania: So moved.

 

President Tobey : I'll second that. All in favor?

 

AYE

 

President Tobey: All opposed?

 

NONE

ADJORNMENT

 

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:24pm.

 

_________________________________

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 October 19, 2010.

 

 

_________________________________

Lisa Lashway, Township Clerk

mcm

 

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