Mt. Olive Township Council Minutes
September 26 , 2006

Girls World Series Softball

President Greenbaum: Good evening everyone. It is with great pleasure that the Town Council and the Administration has invited you here this evening. I can tell you that I personally have followed each victory and advancement through the newspapers. I was incredibly impressed and very proud for the Township and for each one of you, in terms of the accomplishment that you guys reached this year. It is something that I think no other team in Mount Olive history has achieved in terms of what you guys achieved. To make it as far as you guys have made it is just an incredible feat. I know I speak on behalf of everybody sitting up here that we are all very, very proud of each and every one of you. At this point, I am going to turn it over to Mr. Tepper to move this along.

Mr. Tepper: Thank you. After that speech, I don’t know if there is going to be a lot more to say than that. As Rob said, everyone on Council within the town and the Administration is very proud of the team and its accomplishments, as the tournaments that led up to the World Series, the districts, the States, the Mid Atlantic Regionals, and finally, the World Series. You had phenomenal success. Again, better than any team has done within the Township. We certainly want to recognize that on behalf of the Administration we recognize your accomplishment. We have also arranged that the High School will recognize the team, not at this weekend’s game because it is Homecoming but at their next home game is also going to recognize the team during half time of the football game. We would like to present certificates to each member of the team to recognize what they have accomplished at this point. Jim, if you would join me with this because I don’t want to mispronounce any of the young ladies’ names. Would you like to say anything else about this because you are certainly welcome?

Jim Drury: Yes.

Mr. Tepper: No. Between you and Steve Rattner, I understand that you are limited to five minutes.

Mr. Drury: A whole five minutes? Do you notice how everybody was laughing? No girls, your accomplishment is incredible and something that you should be proud of. As they said, thank you for inviting us here, we really appreciate it. The girls have worked very hard, they started in January and have been working all the way through, and an 84 and 7 record is just incredible. The people who have followed us and the people who have just come from their homes in Flanders and just traveled to Virginia to watch us and the hundreds of people that I have seen since we have gotten back have said, “Oh, we followed the game right there on the internet.” Now girls, you don’t realize how many people you have touched and you should be very, very proud of yourselves. Your finest moment, you have reached your finest moment in softball for this level. You will move onto a higher level next year and who knows what will happen? You should be very, very proud of yourselves and never ever forget it’s something to behold. We have a couple of gifts for the Council. Hilary and Cathy come on up. Actually, we have several gifts, if you could hand each Councilmember one of those. Inside here is a thank you card that we gave to our sponsors. It cost a lot of money to go down there, we went out and raised a lot of money to help defer the costs, and we made up thank you cards for everybody. We are presenting each one of the Councilmembers with one of those. Also, one of our team hats we are also presenting them with. We also have one more item that Mr. Adams has back there. It’s sweatshirts for each one of the Councilmembers.

Mr. Tepper: I know it was 84 and 7 after the World Series; you had other games after that right?

Mr. Drury: We did, we got rained out in Toms River, which we went down there for a nice vacation. We are playing fall ball right now, which is at a higher age level so we are starting a new technical season out.

President Greenbaum: Before Jim gets back up there, I just wanted everyone to know that I actually ran into Jim at the Chinese food place. It was, probably Jim, the day that you got back from Virginia because his car was still painted and I knew that Jim was in the Chinese place. From the Council’s prospective, I said to Jim right then and there that we wanted to have all you guys in as soon as possible. There was some delay and I apologize.

Mr. Drury: That was more us, we had the kids on vacation. Last but not least, we have the trophies that we would like to present to the town and one is the State Championship and one is the Regional Championship and hopefully, we can get them put out in the trophy case in the next couple of days. Without her excellent pitching in the Regionals and, “series” we would not have reached where we are today. Arielle Budney…

Clapping........

President Greenbaum: Why don’t you stay up here until we get the entire team up here so we can get a complete picture of the whole team?

Mr. Drury: She batted over 850, she won 50 games pitching and that’s just nuts, Jeane Marie Drury.

Clapping…

Mr. Drury: Really quick. You couldn’t do this without the coaches and I want them to come up even though one was there taking pictures. Brian Neuschwander, Becky Hurley…

Clapping…

Mr. Tepper: Do you have anyone else to take pictures?

Mr. Drury: No, actually Bob is here taking pictures. Did you notice his team jacket?

Mr. Tepper: I did.

Mr. Drury: It says, “Team photographer.” Allyson Haggerty…

Clapping…

Mr. Drury: Shannon Haggerty…

Clapping…

Mr. Drury: She won an MVP at some point in the World Series. All defensive team representative, that is 900,000 kids, and she made the all-defensive team which is probably the second tier of teams for the World Series teams. That is incredible, Bailey Hildebrant.

Clapping…

Mr. Drury: Let me back track; Jeane Marie Drury made first team all World Series team. Next is Julie Hompesch…

Clapping…

Mr. Drury: This one kept saying, “Are we always going to get second place through our first three tournaments” and we then didn’t come in any worse then first in our next eight tournaments and fourth in the final one and that was Tessa Hurley.

Clapping…

Mr. Drury: Ashley Lopez

Clapping…

Mr. Drury: Also, on the all World Series team at third base and batted 400 in the World Series and batted almost 500 for the season, Hilary Neuschwander.

Clapping…

Mr. Drury: Up and coming star, she is going to be quite a player, Casey Schreiner.

Clapping….

Mr. Drury: Already is a star, probably had about 400 putouts for the year at first base and very rarely made an error. Also pitched very well the entire season and batted just about, if not a little over 500 for the season with 60 doubles, Lauren Skupien.

Clapping…

Mr. Drury: Stephanie Swerdlin is not here tonight but she gets her round of applause.

Clapping…

Mr. Drury: Then me...Coach Brian.

Clapping…

Mr. Drury: Brian had ACL surgery. We didn’t think and we weren’t even sure if he was going to make it. He popped out to the first base the entire time and did an incredible job. The last person just had to go and find it, scored five runs and did a lot of watching but learned an awful lot at all three of the tournaments, Kathy Drury.

Clapping…

Mr. Drury: My right arm, who has been coaching with me for three years, rec and travel, and a valued person, Judy Lopez.

Clapping…

Mr. Drury: When Brian and Becky came on, this was their first year of coaching. They picked a great time to get involved. They were a tremendous help all year. Sometimes it was policing, sometimes it was just picking up the girls when it was needed. Good job Becky.

Clapping…

Mr. Drury: One more person I want to thank, and I’m going to present him all three of the banners. Girls, could you grab a couple of these banners? I don’t know what order are we in. Without a league and we had a great league, not a good league but a great league we wouldn’t have anything. I want to thank Art Adams who runs our league, supported the girls, and yelled at me on the phone because I didn’t call him quick enough. Girls if you could present Mr. Adams with all three of those, Art can come up.

Clapping…

Mr. Adams: These are great. Thank you. We have an ordinance that says we cannot have banners on our fields.

Mr. Tepper: You can put it on the flagpole, though, Art.

Mr. Adams: I have to read that ordinance, I am not sure if it is advertisements but things like this, I think we should hang up. It just shows the commitment that we have towards our kids and the support we have from our Council. Let me just say a little about Jim Drury. He is the man, a little man and he is manager of this team but anybody that knows anything about Jim Drury knows he is the most unselfish person you will ever meet when it comes to kids. CYO would not happen without Jim Drury. Softball, he not only coaches this team but he goes and helps teams that he doesn’t have kids on. The man is incredible. I don’t know how he has the money to live in his house. All he does is the sports for the kids but somehow Anne Marie pieces it together. All kidding aside guys, I was calling and I was yelling at Anne Marie. You gotta call me. We got a rain delay one day. I am like, why aren’t you calling me we are in rain, you gotta call me and tell me that. All kidding aside, it’s not a big turnout here from baseball people but we are going to have an event at Turkey Brook Park which all of you will be getting an invitation. I hope we have a better turnout because trust me, it is not because they don’t support you. It is just, you know how crazy people’s schedules are, and once again, congratulations. We are all proud of you and we will surely hang these proudly around the park. Jim, congratulations.

Clapping…

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:00 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. 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. Buell, Mr. Tepper, Mr. Rattner, Mr. Greenbaum
Mrs. Labow

Absent: Mr. Perkins, Mr. Biondi

Also Present: John Dorsey, Township Attorney; Rick Prill, Business Administrator;
Sherry Jenkins, CFO; Lisa Lashway, Township Clerk
Mt. Lions/Kiwanis Presentation - $ for pediatric defibrillators to Police Dept. – Drew Van Dam/
Brian Siegelwax

President Greenbaum: The first item this evening is the presentation by the Mount Olive Lions and Kiwanis of pediatric defibrillators to the Police Department. At this point in time I will call Mr. Hill and Mr. Siegelwax up to the podium for the presentation.

Brian Siegelwax: Thank you. My name is Brian Siegelwax. I am President of the Kiwanis Club of Mount Olive. With me is Drew Van Dam, President of the Lions Club of Mount Olive. As everyone here hopefully knows, the Mt Olive Kiwanis and Lions Club teamed up on Mt Olive Community Day to help save the lives of children by raising money to add pediatric capability to defibrillators by dunking current and former elected officials in a dunk tank. I would like to thank all of the Council members for participating as well as Assemblyman Guy Gregg, former Assemblyman Dick Kamin, former Councilman David Scapicchio, former Councilman John Mania, and a special appearance by Congressman Frelinghuysen. The participants raised money both inside and outside the dunk tank. The top three fundraisers in order were the team of Guy Gregg and Dick Kamin, followed by Colleen Labow, followed by David Scapicchio. We also crowned the undisputed King of the Dunk Tank, Steve Rattner, who not only raised the most money while inside the dunk tank but also put on a show. For example, Steve was the only participant to both enter and exit the water feet first. In the past, Kiwanis has donated $1,500 towards a new pediatric-capable defibrillator for the Budd Lake Fire Department and $1,800 to add pediatric capability to four defibrillators of the Budd Lake First Aid & Rescue Squad. As a result of this recent event, the Mt Olive Kiwanis and Lions Club have a donation scheduled for next month for Flanders Fire & First Aid. Tonight we are presenting $2,625 to the Mount Olive Police Department to add pediatric capability to seven defibrillators, which includes seven voltage upgrades and seven sets of infant/child kits. Normally when we donate something tangible, we hope it gets used by lots of children, but in this case, we hope these are never needed.

Chief Katona: Can I say a few words?

President Greenbaum: Yes, I am just sitting here hoping that you only do that behind the hands thing to criminals.

Chief Katona: Only to criminals. I would like to thank the Lions and the Kiwanis for their dedication to the children of this town. Some years ago, we started our first defibrillator with a donation and now it has grown to seven or eight defibrillators that are in our police cars as they patrol. This donation permits us to access and use it upon all of our population if need be. I knew it for a number of years, now we have the proof that Steve is all wet.

President Greenbaum: Before you guys leave, I want to say something on behalf of the township. It really was well put together and well done, it was a great honor to be able to participate. I think as you sit up here as an elected official you will always have to remember that there are things that are far more important than what we do on Tuesday nights for the community. One of those things is to help raise money for good causes, even at our own expense and even when we are the ones who are being made fun of. I have to tell you, when you lose track of that, you have lost your perspective of what we really do up here, which is everything within our power to help the community. Whether it be sitting in a dunk tank, having pies thrown at us or even coming to events like we had before this presentation, where we brought in the softball team and we celebrated their victory. To me, sitting as an elected official, being a cheerleader for the town, and doing things that are required that benefit the town, that is what it is all about and I am so grateful that you gave us the opportunity, all of us to participate in this most worthwhile fundraising activity and I hope that next year we can do it again and raise more money. Thank you.

Mt. Olive Lions Presentation – Bullet Proof Vests for new officers

Mr. Van Dam: Good evening Council. Tonight on behalf of Mount Olive Lions Club, it’s members and supporters it gives me great pleasure to again thank you, the Mount Olive Police, for the continuing and outstanding services they have preformed over the many years. We offer this thanks under the Mount Olive Lions Club First Vest for Life Program and do this by continuing to provide all new patrol persons with their first body armor vest. This program was introduced to Mount Olive over 28 years ago by Dick Kamin. Hopefully during that time it has been instrumental in preventing bodily harm or even death to any member of the Police Department. The annual Lions Club 50/50 raffle...here we go sales pitch, and the Lions annual golf outing helped to provide the funds necessary to support this very important program. I would like to present to Chief Ed Katona our check for the purchase of two new vests.

Clapping…


Chief Katona: Just again to say thank you to the Lions. They have always been there and it is important to note that they have provided 98 vests to date.

President Greenbaum: On behalf of the Township, Mr. Van Dam and Mr. Hill, we appreciate the efforts of the Lions Club more than we could express at this meeting. Thank you very much. Before we go into an executive session to discuss the revaluation, there only three issues that I am going to take out of order on the Agenda. The first relates to an email campaign which started up this afternoon related to the Mount Olive Public Library. Is there anyone here this evening that would like to discuss that issue? Okay, seeing no one, we will move on. The second relates to a petition that we received from the rank and file, I guess the MOPEA employees, with respect to health benefits. While I do not intend to address this this evening as we just got the information, I see that there are various employees here this evening. Is there anyone on behalf of the employees who would like to discuss this issue? Chief, do you want to come up to the podium? Again, I don’t want to get into a discussion this evening because I think it is going to take far more discussion and some positions from the Administration in terms of how they are going to deal with it before Council can get involved. Chief, the floor is yours.

Chief Katona: Well, thank you. I think that the Administration is handling it as are the department heads and supervisors. The department heads and supervisors have organized themselves and have asked that I speak on their behalf. The petition is in our opinion, represents an improper intrusion into the supervisor’s relationship with our employer, you, an improper attempt to influence your treatment of your management team. The focus of the petition is certainly the health benefit contribution. I think all of us in this room, and probably across the State are well aware that a contribution to one’s health benefits is here. It is appropriate and it will happen to everyone here in Mount Olive. What is objectionable, however, is the characterization, the assignation of the department heads that is contained within this petition. Our subordinates who had the opportunity to negotiate their benefits are now insisting that you foist upon us the negative aspect of their negotiation without permitting us to comment, without permitting us to discuss our benefits and our compensation with our supervisors, the Administration, the Mayor and with Council. It is highly objectionable. I don’t want to argue point by point what is contained within the petition. I don’t want to argue point by point the benefits and the pros and cons of the contribution. I would ask that you summarily dismiss this petition. Not to do so creates a situation which is unacceptable. If you act on the basis of this petition, you are allowing our subordinates to influence the outcome of our compensation that you grant us. This is a bad precedent to set, letting the people who we supervise, those who we enforce the rules that you create to have influence over our compensation. We work as hard as our employees. I have often spoken to you about the best resource that we have are our employees. I have supported them. I have supported them in getting better benefits in their own contract. I don’t interfere with their negotiations, neither do any of the other department heads or supervisors and we don’t believe that it is appropriate that they influence the outcome of our negotiations about our benefits with our supervisors. Department heads and supervisors have organized; we are in the process of speaking with the Administration and, hopefully soon, with Council about those compensation issues. Issues which include a merit system, which I believe is beneficial to the town and there is an interest on the part of Council to incorporate. The petition will speak of the equality. If we are to go point by point looking for equality in what the employees get, we should also speak to issues of overtime and longevity pay, which your department heads and supervisors do not get. It doesn’t seem fair to say, on one hand this is a bad thing and we want you to give it to them but we have good things we don’t want you to give it to them. It’s either you take it all or you don’t take it. We are the ones who are responsible to you, to the Administration, and to the citizens. We handle the problems, we handle the complaints. We have the education, we hold the certifications and licenses and we take the heat when things go bad and we give out the accolades when things go good. We are responsible for what happens professionally and personally for the acts and emission of our subordinates. We are held accountable. They are not. Some of us, some of the people that I am speaking for do not even have the protections that the union have. They can be gone tomorrow. For that, for the risks, for the responsibilities, we deserve the opportunity to speak with our employer over our compensation and it should not be interfered with by those that work for us. The union is not saying that they are not paid enough. They are saying that they have a condition in their contract that they do not like and they want it to happen to us as well without us even having the opportunity to speak for ourselves and speak with you. I think it would be unconscionable for you to permit the petition to effect your decision and your reaction to us and our discussions as we go forward. I would ask that you summarily dismiss it. It is an improper interference with our rights to negotiate and to speak with our employer. The Administration is taking action. The Administration always deals with the police first, then they deal with MOPEA and whatever crumbs are left over they are given to your department heads and supervisors. We are perhaps the 15 or 20 people that are responsible for the execution of your policy. I think we deserve better than that. Thank you.

President Greenbaum: Let me respond briefly, Ed, while you stand there. With respect to the petition, I don’t put much weight and probably the rest of the Council feels the same. However, the characterization that “the crumbs are left for those on the department head level and the supervisory level” is really not an accurate characterization of what has occurred as a matter of policy since I have sat up here and I am sure long before that, which was that the department heads and the supervisory staff received the benefits of the increases that were negotiated by the unions and it was a positive step in terms of the benefits that were received generally.
President Greenbaum (Cont’d): Now I have made my position clear in terms of how I feel about the supervisory staff and the department heads being looked at differently than the unions. I have made that very clear and I want to move forward with that. What I do have a problem with is that there was, in essence, a change in policy, in terms of how the department heads and supervisory staff were going to be dealt with on this particular issue. It seemed to me that before it got down to where it is now, that required a decision on behalf of Council, or at least the Administration to come to Council and say look, this is what we want to implement, this is how we are going to implement it, and these are the reasons why we are going to implement it. Now, with respect to the reasons, I have already expressed my view that in my mind we need to look at our supervisory and department head staff differently than the unions. I have said that time and time again. So I am not opposed to the concept itself. What I am opposed to is the fact that it has gotten to this stage and the fact that the employees have voiced their opinion is because of the procedure that was adopted in the first instance and the substance in the second. So I think that we do as a Council need to have a presentation from the Administration as to what they are planning on doing and get an agreement concurrence from the Council that, in fact, the Council is prepared to move forward with changing the policy that we have followed in the past, for years. Steve, how long have you sat up here?

Mr. Rattner: Seventeen of the last nineteen years.

President Greenbaum: Seventeen years. That’s where I have a problem. It is not with the substance, it’s with the procedural aspects. Before we move forward with treating people differently, we have asked time and time again for evaluations of our supervisory staff from the Administration, which we have not gotten. It makes it very difficult too really implement what you and I both have a concept of, which is, paying people what they are worth.

Chief Katona: Yes.

President Greenbaum: I am all in favor of that, but until I get those evaluations, it really leaves me in a bad position. Now this a separate issue but it is related. It’s related in terms of it needs to come through Council because it is a change in policy. I would like to keep the discussion brief, if anyone else has anything to add to this?

Mr. Rattner: I am just disappointed that they even have to come here and we put the people into this position. From the time that we voted on the MOPEA contract on June 13th, which was incomplete, which if you remember I stated as such, we didn’t want to hold it up because we didn’t know what the effect was on the employees and going through I wrote a number of memos. I found inconsistencies, things that we weren’t told, things that we didn’t understand, and other parts that were put in. Also, I have been hearing from different employees at all levels for the whole time about the morale going down because of the way it was handled. The Administration has taken exception. They said that I was absolutely wrong, that there wasn’t any problem with the morale. I have heard a couple of things but haven’t heard anything directly. As I put in a couple of memos that you got Mr. Prill, this was the worst negotiation season/process that I have ever been through. You weren’t here at the beginning but you were here at the end and have to accept some of the responsibilities. This has been a disaster and I think the fact that the employees, first, we get one group of employees complaining, then another group of employees have to come and defend themselves. I think it is just unacceptable. I have never had a situation like that before in either public or private and I think it is just disgraceful that we got down to this point in time with this situation. Our employees, this town does not work without our employees, every level of employees. The person who picks up the garbage and keeps the streets clean is just as important to me as the person who is trying to get the guy off the deck in a hostage or that kind of barricaded situation. Every one of our employees have a meaningful job and they have to be treated with respect, and we start seeing this type of thing and we have heard it is not just your group, every group feels that there is something wrong. That is just unacceptable and it makes it a lot harder for you to do your job because you’re thinking about it and everybody else from the bottom to the top and so I apologize to you.

President Greenbaum: Did you have something you wanted to add Ed?

Chief Katona: Just that, you ...Council has been listening, at least in the last years that I have been here and attending regularly and I appreciate that. Our discussions that we are looking to have is not just limited to salary but other issues as well. The issue of employee evaluations has been years and years. I can’t resolve that. Perhaps, maybe now the department heads and supervisors are together and will work very quickly to see if we can resolve that issue as far as it pertains to the department heads and supervisors. We are not here to chastise the Administration or the Council for inaction. Personally, I am offended by the tenor of this petition and I wish to express that to Council.


Mr. Prill: Just very briefly, there has been no policy change to the past practice. What has happened is at this point in time, no decision one way or another, has been made with regards to extending the health medical contribution payment to the management and supervisory staff. The reason for that is when they approached me asking for the opportunity to meet with myself and the Mayor to discuss issues of concern to them, as a courtesy to them, I just left it as is, not making a decision one way or another. I also communicated that to MOPEA. They then went further and wrote this letter and signed the petition. They are well aware that no decision one way or the other has been made. So this is their decision contrary to the fact that, again, no decision one way or another has been made until the management/supervisory staff has had a chance to meet with myself and the Mayor.

President Greenbaum: Is that it? Thank you very much. Any one of you that came this evening just for that issue you are free to go without any penalty for leaving the building. There is one other issue before we go into executive session on the revaluation. Mr. Prill, I had asked you with respect to the Mayor’s position on funding the revaluation, were you able to speak to him and what is his position?

Mr. Prill: I have spoken to the Mayor and I suspect that this will be a “kill the messenger” time. The Mayor’s position is that he is concerned against any action being taken that will result in the taxes being increased. If, in fact, moving forward with the revaluation program this coming year is going to have an impact on the budget resulting in a tax increase, then his recommendation would be that the revaluation be postponed until the following year.

Mr. Tepper: It is legally mandated.

Mrs. Labow: We can’t postpone it.

President Greenbaum: It is mandated but it just shows the lack of understanding of the process by the Mayor. Did the Mayor consider any alternative methods in terms of funding for the revaluation other than through a special assessment?

Mr. Prill: No, I think that there is recognition that if the ordinance and resolution are ultimately approved, being that this is an emergency appropriation, that the funding is essentially one-fifth of the total amount each year for the next five years. So the challenge is going to be to take that one-fifth amount, which will be $120,000 plus or minus, then work it into the budget with all other areas of increases that we are probably going to be seeing in an effort to hold on relying on taxes as best as we can and that is going to be the challenge.

Mrs. Labow: I have a question. When you spoke to the Mayor, did you explain to him that we don’t have a choice on this revaluation that it is mandated by the County and we have to do it and, therefore, we have to pay for it?

Mr. Prill: We had that discussion, yes.

Mrs. Labow: He understood and he is still recommending to wait?

Mr. Prill: That was his recommendation, yes.

Mr. Rattner: I just...

Mr. Tepper: Don’t even go there.

Mr. Rattner: I don’t want to say it, with the Mayor and just the way he made a lot of promises...I can’t wait to work with him on the budget because I think if he can do that, then we can get work done as long as it doesn’t cost any money. I would want the same philosophy and see if we can plow the roads without charging the residents and pick up the garbage without charging the residents. If we think we can get a reval and we know that is about a half million dollars without paying for it, what kind of answer is that? The answer is that it is going to cost somewhere in the vicinity of a $500,000-$600,000 by the time we are done. The question is, how do we fund it? If he says that he is going to take it out of other parts of the budget fine, but we are going ahead but the emergency appropriation makes a heck of a lot more sense than trying to come up and pay for it in one year and have another three cent tax increase. The answer if the Mayor really said that, there is no other response other than just saying I would like to do everything without having to pay for it.

President Greenbaum: Okay, let’s move into executive session to discuss how we are going to deal with the proposals that we have.

Mr. Dorsey: Okay, we also have to discuss the sale of Lot 10 Block 4400.

Executive Session - Revaluation

President Greenbaum: Okay, so we are going to move into executive session by way of motion to discuss the reval and the sale of the lot just put on the record by Mr. Dorsey. Mr. Rattner, do you want to move us into executive session?

Mr. Rattner: According to Section 7 & 8 of the Open Public Meeting Act, I move that we move into executive session to talk about possible negotiations on both.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded, all in favor.

AYE

President Greenbaum: Calling the meeting back to order, Mr. Rattner, could you please make a motion to move us out of executive session?

Mr. Rattner: I make a motion to move us out of executive session. It is ten of nine.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: All in favor?

AYE

President Greenbaum: Motion carries.

Questions on Bill List?

President Greenbaum: Does anyone have any questions on the Bill List? I saw that there was some memorandum circulated. Mr. Prill, did you get a copy of that?

Mr. Prill: The questions? Yes.

Mr. Rattner: He responded to mine.

Mr. Buell: He also responded to mine.

President Greenbaum: Okay, does that resolve all the questions on the Bill List from everyone up here?

Mr. Rattner: Yes.

President Greenbaum: Okay, very good.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Sept. 5, 2006 Special PM
Present: Mr. Tepper, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
Absent: Mr. Buell

Sept. 19, 2006 Closed Session
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner, Mr. Perkins
Absent: None

President Greenbaum: Okay. Mr. Tepper, do you want to move the Minutes please?

Mr. Tepper: I move the Minutes of September 5, 2006, the Special Meeting and the
September 19, 2006, Closed Session.

President Greenbaum: Is there a second?

Mrs. Labow: Second.
President Greenbaum: Any discussion, deletions, correction? Roll Call please.

ROLL CALL: Passed Unanimously with the exception Mr. Buell abstained on September 5, 2006.

CORRESPONDENCE

LETTERS FROM RESIDENT / ORGANIZATIONS

1. Letter received September 11, 2006, from Kiwanis International, Mount Olive Township regarding 2nd annual “Service in our Community” awards dinner/dance.

2. Information received September 11, 2006, from NJ USDA Rural Development regarding Community programs Seminar.

3. Letter received September 11, 2006, from NJ Institute of Local Government Attorneys regarding Nominations for awards.

4. Letter received September 11, 2006, from NJ Institute of Local Government Attorneys regarding Nominations for the “Fred G. Stickel Memorial Award.”

5. Information received September 13, 2006, from Rose House regarding the 5th Annual Rose House Gala.

6. Letter received September 14, 2006, from the South Branch Watershed Association regarding Hunterdon County Green Table. “Delaware River Scenic BYWAY Management Plan.”

7. Letter received September 15, 2006, from Thomas and Gelsamina Testa regarding Princeton Alliance Church Proposed Variance Application: Block 7000, Lot 87 (River Road).

8. Letter received September 21, 2006, from Lorman Education Services regarding a seminar, Common Misconceptions in Human Resources in New Jersey.

MUA / HMUA / MSA

9. Letter received September 11, 2006, from Musconetcong Sewerage Authority regarding MSA Permit No. NJ0027821, Objection to total phosphorus limitation.

10. Letter received September 11, 2006, from Musconetcong Sewerage Authority regarding Phosphorus Limitations and other Issues.

LEAGUE OF MUNICIPALITIES

11. Letter received September 13, 2006, from New Jersey State League of Municipalities regarding Municipal Issues 2006 – Race for U.S. Senator.

12. Letter received September 14, 2006, from New Jersey State League of Municipalities regarding Notice of Proposed Dues Increase.

13. Letter received September 18, 2006, from New Jersey State League of Municipalities regarding the 91st Annual League Conference.

DOT / DEP / LOI / HIGHLANDS

14. Letter received September 13, 2006, from State of New Jersey, Department of Environmental Protection regarding Deerfield Estates / Rezamir Estates, Inc., Pond Restoration Plan Approval (Joanne George – Oliver Property – 148 River Road)

15. Letter received September 13, 2006, from New Jersey Department of Environmental Protection regarding Highlands Applicability Determination for Block 2514, Lot 2 (53 Pine Grove Road, Budd Lake)

16. Letter received September 18, 2006, from State of New Jersey, Department of Environmental Protection regarding Draft Solid Waste Facility Permit for a SW Transfer Station Permit for Morris County MUA.

17. Letter received September 18, 2006, from New Jersey Department of Environmental Protection regarding Highlands Applicability Determination for Block 5300, Lots 27 & 28 (Courtney Drive)

18. Letter received September 20, 2006, from State of New Jersey, Department of Environmental Protection regarding Jay-Bob Associates/MF Mount Olive, LLC Property Closure Letter. Block 102, Lot 2 (56 Route 46 West)

19. Letter received September 18, 2006, from New Jersey Department of Environmental Protection regarding Brown/Mount Olive – Additional (Single – Family Home) Block 7600, Lot 68

20. Letter received September 20, 2006 from EcolSciences, Inc., Application for a Letter of Interpretation: Line Verification, Block 103, Lot 2.05 (350 International Drive – International Trade Zone).

21. Letter received September 21, 2006, from Rachel Manor Properties, LLC Block 7702, Lot 32 – Resolution of the Township Council of the Township of Mount Olive Granting an Extension of time to Rachel Manor Properties, LLC.
22. Letter received September 22, 2006 from EcolSciences, Inc., Application for a Letter of Interpretation: Line Verification, Block 105, Lot 1; Block 106 Lot 3; Block 202 Lot 1 (250 International Drive – International Trade Zone).

LETTERS FROM LEGISLATIVE REPRESENTATIVES

23. E-mail received September 8, 2006, from Congressman Frelinghuysen regarding Visit to Morristown Fire Department, Views New Rescue Equipment, National Terror Strategy, Iran Intelligence, and Post 9/11 documents released, preparing for the unexpected, horse protection act approved by house.

24. E-mail received September 15, 2006, from Congressman Frelinghuysen regarding support of Resolution Commemorating September 11th attacks on House Floor, and House approves the secure fence act. (H.R. 6061)

25. E-mail received September 22, 2006 from Congressman Frelinghuysen regarding House Moves to Further Strengthen Borders, Frelinghuysen - House Act to protect Military Personnel, House Acts to Prevent Voter Fraud, Congress Directs FEMA to Plan for Pet Evacuations.

DCA

26. E-mail received September 13, 2006, from Department of Community Affairs regarding 2006 Innovation in Governance Awards Program.

President Greenbaum: There are 26 pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: We are up to Ordinances for Public Hearing. First Ordinance for Public Hearing is Ordinance #25-2006 entitled:

Ord. #25-2006 An Ordinance Establishing a Police Department Within the Township of Mount Olive. (amendments to Existing Ordinance)

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular ordinance? Seeing none, I will close it to the public. Mr. Buell, do you want to move Ordinance #25-2006 for approval please?

Mr. Buell: I move Ordinance #25-2006 for approval.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 25-2006 has 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. The next ordinance for public hearing is Ordinance #26-2006 entitled:

Ord. #26-2006 An Ordinance of the Township of Mount Olive Authorizing Certain Stop Intersections.

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public and I would ask Mr. Tepper, to please move that for approval.

Mr. Tepper: Yes, I move for adoption and final passage of Ordinance #26-2006.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 26-2006 has 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. The next ordinance for public hearing is Ordinance #28-2006 entitled:

Ord. #28-2006 An Ordinance of the Township Council of the Township of Mount Olive Authorizing an Emergency Appropriation in Accordance with NJSA 40A:4-53 for the Preparation and Execution of a Complete Program of Revaluation of Real Property.

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular ordinance? Seeing none, I close it to the public. Mrs. Labow, do you want to move that please?

Mrs. Labow: I move for adoption and final passage of Ordinance #28-2006.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any Council discussion?

Mr. Buell: Yes, I would like to ask Mrs. Jenkins, we just discussed the funding of this. The Mayor says we should not do it. We should put this off but since we can’t, are there any other options for us to finance this $600,000?

President Greenbaum: If you are going to discuss that Sherry, you need to come up to the podium please.

Mrs. Jenkins: You basically have one of two choices. You can fund it outright or you can fund it over a five year period in the budget.

Mr. Buell: So in other words, we could bond for this $600,000 and fund it out over a five-year period.

Mrs. Jenkins: Five years, yes.

Mr. Buell: Which would be two cents a year?

Mrs. Jenkins: No, it is $120,000 a year, so it is going to be a little over half a tax point.

Mr. Buell: What is the Administration’s position on that? Should we fund it out over five years or should we fund it out in one fell swoop? Have you talked to the Mayor about that?

Mr. Prill: Assuming the Council approves the ordinance, then absolutely we would recommend that it be funded on five year emergency appropriation.

President Greenbaum: Alright, any other discussion?

Mrs. Jenkins: Let me just say. Our plan is to take a note out on it. We can pay that over five years. We can get a better rate on a short term note than we would on a long term one.
Mr. Buell: You were already planning to fund this over five years?

Mrs. Jenkins: Yes, and actually there is a resolution on for tonight that allows me to go out to obtain the necessary financing for the project, when we need it. I believe it is the first resolution that’s on.

Mr. Buell: Sherry, is there any alternative that the Town Council has other than to fund this?

Mrs. Jenkins: What do you mean by that?

Mr. Buell: Well, can we fund this in any other way? Can we avoid the expense?

President Greenbaum: You mean not have the reval?

Mr. Buell: Yes, I think that is what the Mayor is suggesting is simply not pay the money and get it done.

Mrs. Jenkins: Not that I know of, no.

President Greenbaum: Alright.

Mrs. Labow: I have a question. Mr. Dorsey, if we refuse to do this even though it has been mandated, would we be penalized?

President Greenbaum: You can fight it. You can always fight an order of reval but ultimately, where our percentage is at 59%, we are going down the tubes quick...

Mrs. Labow: It would cost us a lot of money....

Mr. Dorsey: Excuse me. Do you want me to answer your question? You could not do it. I am not sure what the ultimate order would be issued by the Morris County Board of Taxation but as time goes on, and I remember very distinctly, Mr. Rattner said we should move forward the reval as quickly as we can because we are going through the process of revaluation right now with all these major tax appeals. So the person that gets, shall we say screwed in the process, is the person that doesn’t bring the tax appeal and that is most of your residential property owners. So you can disobey the order but it will not…

Mrs. Labow: I have no intention of disobeying the order, I just wanted to know what the ramifications would be.

President Greenbaum: The ramification would be that we would see a tremendous amount of additional tax appeals.

Mrs. Labow: Which would mean a lot of legal costs that…

President Greenbaum: Alright, any further discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 28-2006 has 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.

ORDINANCES FOR FIRST READING (2nd reading October 24 , 2006) - 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

1. Resolution of the Township Council of the Township of Mount Olive Establishing a Special Emergency Appropriation and Funding for the Preparation and Execution of a Complete Program of Revaluation

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Lot 10 Block 4100 on the Mount Olive Township Tax Assessment Map Subject to Certain Terms and Conditions.

3. Resolution of the Township Council of the Township of Mount Olive Approving a Contract on a Non-Fair & Open Basis pursuant to Pay-To-Play Law.

4. Resolution of the Township Council of the Township of Mount Olive Rejecting the Bids for the Site Improvement Phase of the DPW Project.

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Technica, Inc. for Licensed Electrical Services.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various General Capital Ordinance Balances.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale of Certain Properties.

8. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Amstar of Western New York, Inc. for the Sandblasting and Repainting of the Sutton Plaza Water Tank.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Based Upon Final Subdivision Approval Between the Township and Toll Brothers, LLC, Morris Hunt Phase II.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Based Upon Final Subdivision Approval Between the Township and Toll Brothers, LLC, Morris Hunt Phase III.

11. Resolution of the Mount Olive Township Council RE: Mountain Top Church.*replaces Ord. #30-2006 which was removed.

President Greenbaum: Does any Councilmember wish to have any of the resolutions moved off the Consent Resolutions Agenda?

Mr. Rattner: As I stated last week, #5.

Mr. Dorsey: Mr. President, I think we will take #2 and we will put that down for a special public session next week, so I can change it and we will have sealed bids and a minimum price.

President Greenbaum: Okay, so #2 is going to be removed completely?

Mr. Dorsey: Right.

President Greenbaum: Any others that are going to be removed from the Consent Resolutions Agenda? Okay, so we are looking at now on the Consent Resolutions Agenda #1-3, 4, and 6- 11. Mr. Tepper, do you want to move those please?

Mr. Tepper: Yes, I move Consent Resolution #1, 3, 4, and 6-11 for approval.

President Greenbaum: Is there a second?

Mr. Labow: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Anyone from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda? Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Are there any Council brief clarifying statements? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Tepper voted no on #11.


RESOLUTIONS NON CONSENT

President Greenbaum: That leaves the Non Consent Resolution:

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Technica, Inc. for Licensed Electrical Services.

President Greenbaum: Mr. Rattner, do you want to move that for me please?

Mr. Rattner: I respectfully decline.

President Greenbaum: Does someone else want to move that?

Mr. Buell: I move resolution #5.

President Greenbaum: Is there a second? Dies for a lack of a second. Number five is dead and number two
has been pulled.

MOTIONS

1. Approval of Raffle Application #2159 & #2160 for Deer Path Montessori School and Raffle Application #2161 for Disabled Advocates Working for Northwest.

President Greenbaum: Okay, we are up to Motions. At this point, Mr. Buell, do you want to move the Raffle Applications please?

Mr. Buell: I move for passage of Raffle Application #2159 & #2160 for Deer Path Montessori School and Raffle Application #2161 for Disabled Advocates Working for Northwest.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

Roll Call: Passed Unanimously

2. Bill List.

President Greenbaum: Now before I ask you to move this one, Mr. Rattner, just let me tell you that if I invite you to do something to many times and you turn me down I am going to stop calling on you completely.

Mr. Rattner: You have been waiting for that huh?

President Greenbaum: No, I just figured that after all the things that I have done, as I have sat up here on Council, if I stop calling on you, it would probably be the most beneficial thing I have ever done. Mr. Rattner, do you want to move the Bill List?

Mr. Rattner: I move the Bill List as submitted.

Mrs. Labow: Second.

President Greenbaum: Is there any discussion?

Mr. Rattner: One thing, Mr. Prill, the biggest item we have on there tonight is for the contribution for the public Library. Going through the backup, it looked like that the CFO and her department negotiated with the Director of the Library to agree on what was due them, and I don’t have a problem with it. I don’t think you heard from any of us saying that we were going to have a problem with it. We know that they are entitled to the funding. Why I am asking is, starting this afternoon there was postings on one of the infamous blogs. We started getting emails that we were intending on shutting down the Library. What I am going to ask you to do is ask the Mayor, since he sits on the Library Board, just where that information would come from? I believe it was the Administration who negotiated the proper amount. It was going forward. You haven’t heard any comments or things that it wouldn’t be voted on appropriately. Yet to get some of these things, and some of it, and like people know what is really going on? Stating that we were going to do this because it was our intent to shut down the Library. I think we all got copies of some of that correspondence this afternoon. That is all I wanted, just a statement.


President Greenbaum: Anyone else have any questions on the Bill List? Comments? Sherry, do you want to come up for a second? Before I vote on the Bill List, I am going to move on to one of the questions which is on Old Business which relates to the Bill List. What is the status of funds to be turned over to the Township? Is the Library Board still withholding those improperly?

Mrs. Jenkins: I have heard nothing. We have gotten no money.

President Greenbaum: Okay, is the Township still withholding $100,000.00 of............

Mrs. Jenkins: If we make this payment, that will not be the case.

Mr. Tepper: We could make the payment less the $100,000.00.

Mr. Rattner: We deducted out of the last one, so you put it back in this one?

President Greenbaum: It’s back in.

Mrs. Jenkins: What we put on the Bill List, is what we believe is going to be close to the final balance of their appropriation. There may be some minor adjustments for the insurance depending upon where those bills go for the next few months. There will be nothing withheld. No $100,000.00 will be withheld if we make this full payment. I believe its $376,000.00. If you want to withhold the $100,000.00, then the payment needs to drop to $276,000.00. Basically, Rick and I discussed it and we decided that we would put on the full amount that was due them at this time and wait until we heard something further from you as to whether you still intended to withhold the $100,000.00?

President Greenbaum: What is the Administration’s position with respect to the $100,000.00 that is being withheld by the Library?

Mr. Prill: We have pursued trying to get an answer from them. Unfortunately, that answer and no indication has been forthcoming. So it is hard to really to do anything in regards to that issue. I think possibly, and I haven’t seen the emails that apparently have started up, I suspect that that might have had an origin in the discussions that Sherry was having with the Library Director where there is some clarification of the amount of the payment that needed to be made. The original request coming in from the Library is higher than Sherry had calculated it should be, so those adjustments were made. We also communicated to the Library Director that we had some concern as to whether or not Council would be supportive of authorizing this payment, given the outstanding issue of this $100,000.00. We still have yet to receive any indication from the Library Board, from the Library attorney, so it was more of just a heads up that we don’t know what Council’s position is going to be and then ultimately, decided let’s put it on the Bill List so there could be discussion about it. I think that some how that may have been interpreted, I don’t know but I am suspecting that might have been the origin of emails stating the Township was apparently attempting to shut the Library down, which it is not accurate.

Mr. Rattner: So, three months ago we agreed to withhold $100,000.00 to force them to make a decision and tell them where they are going, and in those three months they still couldn’t do it. The Administration felt well, if they are not going to give us an answer we are just going to give them the money and just sit here. I don’t understand it. We made a policy decision three months ago and we deducted it out of the second quarter payment. Now, we are adding it back in, the third quarter payment. That to me doesn’t make any sense.

Mrs. Jenkins: It is actually the fourth quarter payment.

Mr. Rattner: Oh, fourth quarter payment in the third quarter...

Mrs. Jenkins: It is the final payment that would otherwise normally go to them.

Mr. Rattner: If we agreed that we weren’t going to and if they needed the money because we talked about making the book transfer, take the $100,000.00, move that on their books into their operating expense, we would take the $100,000.00 that is here, move that back into the bond so they wouldn’t be hurt. What happened since three months ago?

Mrs. Jenkins: I spoke to Gary about taking the $100,000.00 from the operating budget and moving that over to the capital side to offset the money that is due and I communicated to both Rick and Rob a number of months ago that I was advised that we cannot do that.

President Greenbaum: What happens to that $100,000.00 if the State doesn’t ask for it back and it is sitting in the Library’s account?

Mrs. Jenkins: What do you mean what happens to it?

President Greenbaum: What happens to it? I mean is the Library free to spend...

Mrs. Jenkins: I mean we still have a receivable that is showing the money is still due us.

President Greenbaum: Right, so the Library owes us $100,000.00 right now?

Mrs. Jenkins: Yes.

Mr. Tepper: Two points, Mr. President.

President Greenbaum: Yeah, the Library owes us $100,000.00.

Mr. Tepper: They owe us $100,000.00. We have asked for it multiple months, they have rescheduled to the middle of the day where no one could go to the public meeting and cancelled another meeting. If the Board of Trustees and Rita Hilbert don’t want to come to Council and address this and want to avoid it, I suggest we continue to hold the $100,000.00 until they come and discuss it. Let’s reach resolution on this.

President Greenbaum: Let me add to the story because I have had several discussions with the Library’s attorney and I indicated to her that I would sit down at any point in time with the Library Board and with her to discuss this issue and with Sherry as well and I would give them any kind of assurances that they required that if the State required this money back, that it would be the Township’s obligation to pay it back and, of course, the Township would pay it. Despite me making that representation to her and also putting her in touch with Sherry to understand the funding mechanism and why the Library owes us $100,000.00, no such meeting ever took place. So at this point, I think what we need to do is to approve the Bill List minus that $100,000.00 for the Library.

Motion made by Mr. Tepper

Mr. Buell: Seconded.

President Greenbaum: It has been moved and seconded to amend the Bill List accordingly.

Mrs. Labow: Before we vote on it.

President Greenbaum: Yes.

Mrs. Labow: Did we ever receive their audit that was due in May?

Mrs. Jenkins: I have not gotten a copy of it. Lisa, did you get anything?

Mrs. Lashway: No.

Mr. Rattner: Did we confirm that the statutory requirement is that it comes up, that it is due by the fifth month of that fiscal year?

Mr. Tepper: It is, I will show you the log.

Mr. Rattner: No, I am asking the CFO.

Mrs. Jenkins: I have spoken to Gary about that before and I believe that he advised me that there was no official date. I will confirm that tomorrow and let you know.

President Greenbaum: Is there any further discussion? We have to vote on the amendment. Roll Call on the amendment.

Roll Call: Passed Unanimously

Mrs. Jenkins: Rob, are we authorized now? I understand we are voiding the $376,000.00 are we authorized to issue another check before the next Bill List for $276,000.00?

President Greenbaum: Yes.


Mrs. Jenkins: Okay, I just wanted to make sure.....

President Greenbaum: That is the amendment.

Mrs. Jenkins: Okay.

President Greenbaum: Now the motion to move the Bill List, as amended, is on the floor.

Mr. Buell: Second.

President Greenbaum: It has already been moved and seconded. Is there any further discussion on the Bill List as it has been amended? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report

President Greenbaum: Does the Mayor have a Library report this evening?

Mr. Prill: The Library’s meeting was rescheduled to tomorrow night...tomorrow.

President Greenbaum: Do you know when the last meeting was that the Mayor attended of the Library Board?

Mr. Prill: I don’t know that.

President Greenbaum: Do you know if he attended the last meeting?

Mr. Prill: Again, I don’t know if he did or not.

President Greenbaum: Okay, when is the meeting scheduled for?

Mr. Prill: Tomorrow?

President Greenbaum: Tomorrow, at what time?

Mr. Prill: I would have to get back to you on that.

Mr. Tepper: It should be posted out on the board.

Mrs. Labow: I think it was at 7:30?

President Greenbaum: Do you know if the Mayor is planning on attending that?

Mr. Prill: I don’t know.

President Greenbaum: It is at 7:30?

Mr. Tepper: It is either at 7:00 or 7:30, Rob.

President Greenbaum: Okay, and where is the meeting being held?

Mr. Tepper: It is usually at the Library.

President Greenbaum: I suggest we all go.

Mrs. Labow: Yes, I agree.

President Greenbaum: I don’t know if I can make it but I suggest we all go.

Mrs. Labow: Do we have to publish that if we...........

Mr. Dorsey: No, you are alright.

OLD BUSINESS

Status of Kings Village Issues

President Greenbaum: We are up to the status of Kings Village, which I had asked to be removed.

Mr. Buell: Yes.

President Greenbaum: Okay and we will put that on if we hear anything.

Status of Charters Farm

Mr. Prill: Last week Kathy and I met with Joe Norton, who represents Norcon and he is interested in submitting a proposal to us. We are hoping that we will have that next week. I don’t know whether we will have any time to bring this matter back to Council at Tuesday’s work session. If not, then it will be the following work session.

Library Handicapped Parking

President Greenbaum: Okay. Library Handicapped Parking. I assume that it has all been completed, right?

Mr. Prill: No, my understanding is that is going to be discussed at the Library’s meeting tomorrow.

President Greenbaum: Well, where are they at? Has it been bid out?

Mr. Prill: They have gone out to bid, I believe twice, and have not received any bids on either occasion.

President Greenbaum: Okay, any other Old Business?

Mr. Rattner: Weren’t we going to get the budget report of the public works building?

President Greenbaum: Where are we? We had asked for the information this week in the form that we had shown on the board. Is that done at this point, Mr. Prill?

Mr. Prill: I am working with Suburban on that. I am hoping to have it to Council next week.

Mrs. Labow: Mr. Prill, did you get a chance to work on the gas tanks? Any negotiations or thought process or....

Mr. Prill: No, I have reached out to Mr. McEntee at the School Board to see if he or who the appropriate person is at the School Board to talk to them about the possible joint use of the facility. I haven’t heard back from him as yet.

Mrs. Labow: Okay.

President Greenbaum: Any other Old Business?

Mr. Buell: It was discussed at the School Board meeting last night. It was referred to Bruce Bott and the business committee and you will be hearing back from him.

Mr. Prill: Okay, thank you.

NEW BUSINESS

President Greenbaum: Any other Old Business, any New Business?

LEGAL MATTERS

Mr. Dorsey: None that we haven’t discussed.

COUNCIL REPORTS

Recreation Liaison Report - None


Board of Health Report

Mrs. Labow: Yes, we had an excellent meeting Wednesday night. We entered into a contract with Mount Arlington. Well, actually the Board of Health approved the resolution and as of January 1st, we will be having an Interlocal Service Agreement with Mount Arlington, as well as Netcong. Netcong’s contract gets renewed next month. It was really great because we were actually up....it was Madison, Roxbury and Mount Olive were the three towns that Mount Arlington were considering and they chose Mount Olive. The plus to that is the fact that we are going to be receiving good money from there in order to take care of their health needs and the other benefit is that it increases our population base which enables us to have further funding from the State for grants and special programs and so forth.

President Greenbaum: I assume that it is an Interlocal Agreement that we would not have been able to enter into except for the fact that we, as a Council, forced the Administration to retain the extra hygienist (sanitarian).

Mrs. Labow: That is absolutely correct. The other issue that really made it...the contact more doable, I guess is the word I am looking for, is the fact that the Board of Health, even though the Mayor refused to hire the replacement health officer, the Board of Health found out we didn’t need his permission after all. We went ahead and hired a person and that enabled us to have the staffing level that we needed to assure Mount Arlington in order to make this happen.

Planning Board Report

Mr. Tepper: Some discussion on the ARD property and the Town’s options and I was asked to bring to the Council’s attention that the intent of the Planning Board writing the letter about the Board of Ed property was focused on public safety, not so much an issue on lights or access. They wanted me to make sure that Council was aware that it was a public safety issue as I had not done that properly last time.

President Greenbaum: Speaking of the ARD property, Mr. Prill, I note that Morris County was out to look at the open space application that we had. The Mayor was not there. Do you know where the Mayor was?

Mr. Prill: I believe he was attending the Triathlon events that were taking place.

President Greenbaum: So is it fair to say that the Triathlon event was more important to him than being at the ARD purchase issue?

Mr. Prill: I don’t think that would be appropriate for me to comment on that.

President Greenbaum: Well, you know what, I would like you to ask the Mayor why he wasn’t at the open space….because I don’t get a chance speak to him. I would like you to ask the Mayor and then report back to us next week why he wasn’t at the open space presentation of the Township related to ARD because he made such a big issue that he is the one who is going to buy these houses and stop this development. I would like to know what he is doing to further that along since he wasn’t at the open space application and believe me it was noticed by Morris County that he wasn’t there, and I am sure that being at the Triathlon was more important to that.

Board of Adjustment Liaison Report - None

Open Space Committee Report

Mrs. Labow: Well basically, talking about the latest issue on the Open Space Committee and it was rather devastating that the Mayor was not there. It was sort of like we had egg on our face and also that the Mayor did not inform Kathy Murphy or anyone else that the situation as far as the certification for court and that was denied and that was rather inappropriate that our staff was not advised by the Mayor of the situation. Beyond that, on October 7th we are going to have our open space tour. Seating is limited on the bus. Hopefully, everyone will be able to attend our meeting here in the parking lot at 9:30 and that is this coming Saturday...a week from this Saturday, I am sorry.

Legislative Committee Report -None

Pride Committee Liaison Report - None

Board of Education Liaison Report

Mr. Buell: Several interesting things occurred at the Board of Education meeting last night. First of all, they did discuss the tanks or the sharing of gas/diesel fuel with us. They looked at it favorably and will be back and referred it to the business committee. The other interesting thing is that they we have another student parking issue. They have no place for at least 70 students to park. Normally at this time of year they will have 120 students that want to park. This year they had 170 students that wanted to park. They talked a little bit about Turkey Brook but they didn’t want to use Turkey Brook but I expect by the end of the year we will be talking about Turkey Brook for some kind of parking arrangement with the School Board. They also talked about the Resource Officers. The School Board is looking for some kind of report, on a monthly, quarterly, yearly basis in terms of this new program. I think it is something that is a good idea that we should also look into monitoring this program since this is a shared employee and we are committed to this program for the next four years. The last thing is very good news or apparently good news. They had a presentation on student test scores and it looks like everything last year is up, up, up in every grade.

Mrs. Labow: I just want to add one thing to Mr. Buell’s comment about the parking and this was brought to the principal’s attention by our Resource Officer. One of the reasons why there are so many more cars wanting to park at the High School is the fact that the State, the laws state that they can only have one passenger. Many years ago, you would have one student driving and two, three, four kids would be in the car. Now only one student if you are 17 can be in there. So that is one of the additional reasons why more kids are applying for parking. They can’t have more than one passenger until they are 18.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison - None

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: I went to the County Economic Forum on Friday. I brought back some materials and I will have them placed in the Clerk’s office for everybody to review this week. I am still going through some of the stuff. All the view graphs are in there. It ranged, everything from low cost financing that you can offer businesses that want to move in to doing energy audits to help with brownfields and so on.

Solid Waste Advisory Committee Report

Mr. Tepper: Nothing to report.

PUBLIC PORTION

President Greenbaum: At this time, I will open it up to the public.

Nelson Russell, Budd Lake: A couple of questions. Is there nothing that we can do about the Library? I mean it seems like malfeasance on the part of the Library Board.

President Greenbaum: You would have to speak to the Mayor. There is nothing that this Council can do short of what we have already done.

Mr. Russell: That is unfortunate.

President Greenbaum: It is unfortunate. Let me make a comment. It is unfortunate that every time Council takes action, there is an effort on behalf of the Library whether it comes from the Library Director herself or on her behalf from others to send a series of emails that have really no substance to them to Council without the people truly understanding what the issue is. I think the citizenry of the Township need to be educated on what is actually happening over at the Library and what this real issue is with respect to funding; that the Library owes the Township $100,000.00 at this point. That money should be rightfully in an account related to the Library project to be controlled by our CFO. That is the manner in which all of the other payments that were received from the State and were turned over to the Township and were booked against receivables that were ultimately established at the time that this project was funded. The $100,000.00 being held by the Library is no different.
President Greenbaum (Cont’d): There is still an outstanding payment from the State which is forthcoming related to this project and I assume that based upon the actions that the Library has taken to date, that they are going to give us a problem with respect to that grant money as well. It is unfortunate because, obviously, the Township... if the State required monies to be paid back related to this project, that the Township if we had collected all the money would be the entity responsible for paying back the State. I don’t think that is a real issue but that is what the Library Board has been raising with respect to the need to hold onto this money. I suspect, and I think I speak on behalf of a number of Councilmembers up here, that the reason they are holding on to the money is because they want to spend that money and if they control it, then we don’t have any ability to stop them from spending the money as long as they spend it within whatever bounds they are required to spend it under, whether it be for capital, furniture or whatever else they are allowed to spend it under. So it is unfortunate that the public out there really doesn’t understand the issue, needs to be educated on the issue and ultimately would side with the Township in terms of the turnover of that money to be held by the CFO as all of the other grant monies have been done in the past.

Mr. Russell: Well, obviously, they are not spending it on the handicapped parking. That is coming into, I think, the second year.

Mr. Rattner: Third.

Mr. Russell: Third year.

President Greenbaum: It’s absurd.

Mr. Russell: It doesn’t sound like it is going to move at all if they rejected all the bids. Do we know what their next... do we know what their next course of action is?

Mr. Tepper: To have another meeting.

Mr. Prill: My understanding is that topic will be discussed at their meeting tomorrow so I can’t offer what direction they may go in.

Mr. Tepper: We had the Mayor’s Alternate here and we should have taken the opportunity to ask the Mayor’s Alternate that question.

President Greenbaum: Next question, Mr. Russell.

Mr. Russell: At the last Council meeting, you asked for a report on the financial status of the DPW garage. Have you received that report?

President Greenbaum: No, Mr. Prill has indicated that we should be getting it next week.

Mr. Russell: Okay, thank you. I also have some questions on the Bill List. One on page #4, Allen Cleaning services. I note that the charge for May was $2,710.00 and a charge for June was $3,162.00. Was it dirtier in June than it was in May?

Mr. Rattner: It was in season.

President Greenbaum: Was that a joke Mr. Rattner?

Mr. Russell: Don’t we have an annual account with them?

President Greenbaum: Which account are you looking at? I am sorry.

Mr. Russell: It is about two-thirds of the way down......

President Greenbaum: I see it.

Mr. Russell: Allen Industries. They say contractual services. Is that not an annual contract?

President Greenbaum: Do you know the answer to that Sherry, why there is a difference in the bills?

Mrs. Jenkins: I don’t want to speculate at this point. I don’t want to give out misinformation. I’ll write down whatever questions come up and I will address them, as you know, first thing tomorrow morning.

President Greenbaum: Okay, and can you email Mr. Russell with the.....
Mrs. Jenkins: That’s fine, not a problem.

President Greenbaum: Do you have his email address?

Mrs. Jenkins: No.

Mr. Russell: I will give it to you. Over on page #6 towards the bottom, Jersey Professional Management, $2,160.00, isn’t that the outfit that our former Business Administrator worked for? Is that for his services?

Mr. Rattner: That was for the services related to the litigation that we had that was successfully completed.

Mr. Russell: Which litigation was this?

Mr. Rattner: Turkey Brook.

Mr. Russell: Turkey Brook. Thank you.

President Greenbaum: Thank you very much. Is there anyone else from the public who wishes to be heard?

Mr. Russell: I still have some more questions.

President Greenbaum: Oh, you still have more? Never mind Chief.

Mr. Russell: On page ten, I see a charge $8, 272.00 for signs for the Mount Olive Carnival. It seems like an awful lot of expense for signs.

Mr. Buell: Russell, I asked for and Sherry is going to prepare a complete accounting of the carnival just so we can see what the income and the outgo. I understand that most of this was funded by outside sources and this was just a reimbursement I would say. As I said, we will be receiving that as soon as this thing is wrapped up. There are other charges on that Bill List that relate to, and have been the last several times on, that relate to the carnival and I just wanted to....so that everybody looks at it and knows what the full accounting of this thing is.

Mr. Russell: Finally, on page twelve, a third of the way down, I see a charge of $5,650.00 for removal and installation of the control panel. If we are just removing and installing $5,000.00 seems expensive and why are we removing it and then installing it?

President Greenbaum: Sherry will get back to you on that one. What was it, the sewer plant?

Mr. Rattner: Sewer or water.

President Greenbaum: Okay, thank you. Anyone else from the public? Anyone from the public want to discuss the Library issue? I close it to the public.

Mrs. Labow: Before we do Council Comments, can I ask a question that should have been on Old Business? I forgot.

President Greenbaum: Sure.

Mrs. Labow: I just wanted to know, a couple of months ago, Mr. Prill, Mr. Buell had brought a possible proposal to put the old tennis courts and make it into a parking lot and you had discussed that with Mr. Quinn. Have you had any further discussions or plans on that?

Mr. Prill: Mr. Quinn has looked into it and he liked the idea. I don’t believe that they have taken any definitive action with regards to that. I would have to check with Tim to see what the status is.

Mrs. Labow: What I would like if it is at all possible, I know Mr. Buell brought it to your attention, if we could have a plan set and under way so it could be implemented in early spring. So if we can move forward with the auxiliary parking, it will be ready for the opening of the baseball season which I think opens early April.

Mr. Buell: March actually.

Mrs. Labow: March, because we are getting into winter months. If at all possible, I would like to get that going early and as we know, it takes months to get these things planned. Can we maybe put it on the Workshop, Rob, a month from now?

President Greenbaum: Sure.

Mrs. Labow: Is a month enough time, Mr. Prill?

Mr. Prill: I should be able to get back to you rather quickly. I believe it is really quite minimal. It is really just getting a stone driveway access into and out of the court area.

Mrs. Labow: There is actually a little bit more involved in it, because the use of it had originally been for a tennis court and it goes to a parking lot. I think you have to be concerned with stormwater management because you will have run off, possible fuel run off that will go into the area, so you may have to do some engineering on it. You would have to check into it and make sure.

President Greenbaum: I put it on for the second meeting in November. That is after the election.

Mr. Tepper: My suggestion is that we talk to the people at West Morris High School who just took the entire side of their.... front of their baseball field off the main road and made it into a parking lot so the kids would get off the road. I pass it each day and I didn’t see any drainage or other issues so I am sure they had to meet the same requirement we would and it might save some money.

President Greenbaum: We will put it on for the second meeting in November.

Mr. Buell: Just a real quickie. The meeting I had tonight with Chuck McGroarty vis a vis, the COAH, do you just want me to put a written report to everybody on Council?

President Greenbaum: Yes, written report.

Mr. Rattner: Did the Mayor show up? It was one of the questions.

Mr. Buell: No, we had a telephone conference.

Mr. Tepper: Was he consistent with what he presented to the Planning Board?

Mr. Buell: What did he present to the Planning Board?

Mr. Tepper: The fact that he is going to come back and meet with us.

President Greenbaum: You know what? I could not attend that meeting because the Mayor insisted that it be earlier than I could get here and then he didn’t come. Alright, let’s get into final comments.

COUNCIL COMMENTS

President Greenbaum: Mr. Prill, did you have anything?

Mr. Prill: Just a clarification. The resolution for the bid award for electrical services, is it Council’s desire to reject those bids and re-bid it? If so, I need to revise the resolution on that basis.

President Greenbaum: Whatever the Administration wants to do.

Mr. Prill: Well, our recommendation was that the bid be awarded but their was no action on the Council’s part.

President Greenbaum: Well, I suggest you rethink it and come back to us with a second suggestion. Any other comments Mr. Prill?

Mr. Prill: Not at this time.

Mr. Tepper: I would like Mrs. Lashway to write a letter to the President of the Board of the Library and Mrs. Hilbert. We can’t tell them to come here, but ask them to come before Council and arrange to meet so that this can be put to bed. It’s been existing now for over a year. It’s not getting resolved. There are meetings that are cancelled when it is supposed to be addressed in a public forum and it hasn’t been done. Let’s stop making it a political football and have the people come here and tell us their reasons why and they can bring their attorney. Let’s resolve it.


President Greenbaum: Yes, we have done that before but I don’t think it is a bad suggestion and I would ask that you undertake that letter through the Clerk’s office and invite them if, in fact, they will come. In fact, we will put it on the Agenda for discussion next week. It is a Workshop. We will put it on and if they want to come, then we will discuss it. If they don’t want to come, then we won’t. Anything else?

Mr. Tepper: That’s it.

Mr. Buell: Nothing.

Mrs. Labow: I just want to say one thing. At every public meeting that we have we always have a moment of silence for all of our military personnel. Two days ago, a very dear friend that actually I never really met, an internet friend, I play cribbage online for five years now. We have a forum within our league and one of the gentlemen that I have played with for four years in this tournament that we have, he just retired from the military, from the Air Force, at the age of 42 and two weeks after he retired he had a massive heart attack and passed away. I just wanted to say that tonight I am thinking about him and I will be purchasing a brick for our Memorial at Turkey Brook Park on his behalf. His wife actually came on and posted in the forum area, where we have messages, to let us all know and these are people...everybody lives all over the world basically. Even though you never met the person, you still respect them and the fact that he served our country and when he was getting to the point when he was getting on with his life, civilian life and he passed on. That’s it.

Mr. Rattner: A few of us had touched upon the open space site visit. I have actually written the Mayor because this was embarrassing to the town. The project that we were attempting, we know it was a long shot to find funding to buy, is the ARD project, which put almost 440 units almost in geograhphic center of Town surrounded by wetlands. The Mayor actually, over a year and half ago, said well, why don’t we just buy it, twenty some million dollars so we thought. In looking at it, we have done a certain amount of work. I guess the Administration told the staff to put in an application, which they did and which the visit where they actually inspect the property was two Saturday’s ago. The presenter was supposed to be the Mayor or somebody from the Mayor’s office to explain how we are ready to go, what the plan was to fund it, and if we were really committed? If they gave us...we asked for $5 million of seed money to start off with. According to the feedback that a few of us have gotten including our Grants Coordinator, me, the Council President, is that they never had a presentation, or an application that wasn’t ready to go forward. What they suggested is that we still have another piece of property, a smaller piece of property on the list. They suggest that we immediately pull the application and when we go to make the oral arguments, which is supposed to be by the Mayor or the chief person of the town, to make the presentation, that we also offer an apology to the Open Space Trust and to the Committee that spent their time evaluating, getting the drawings, looking at them, and meeting about the property and then spending a Saturday to come look for it. What is really disappointing is that there is a possibility that we could have made it work. We made it work with Fire Tower. That was over $8 million. Rodney Frelinghuysen came up with $3 million when we showed that we were serious. The Forest Legacy, I believe, came with another $2 million. The Morris Conservatory came up with $2 million and I think the Town only had to put in $1 million, which could be funded through our Open Space Fund and it avoided 110 houses on the back of the lake on 600 acres. This could have been the $5 million that we were looking for. It was also an extraordinary year for Morris County. The Open Space Trust has twice as much money this year, has a one shot deal that they haven’t had before. What they have done, all the projects that they couldn’t close over the last five or six years, the money that was returned. They put into one year, this year. So there was approximately $26 – 27 million and there was only a little over $30 million worth of applications including our $5 million application which was by far the largest. This was a one shot opportunity. I don’t think it is going to happen again. It is really disappointing that in over a year, a project that means so much to the Town. It was something that the Mayor said that he was going to do to avoid building those houses, and then nothing was done and, in fact, embarrassed the Town. That is all I have to say. Thank you.

President Greenbaum: Thank you. I, too, have comments and they relate to Mr. Prill. As you know, through our discussions that I have been having a problem with the manner in which the Administration has been handling OPRA requests. The record should be clear that the Administration has taken the position at times that certain individuals of the public are entitled to continuing OPRA requests that don’t go through the Clerk’s office with respect to documentation that comes in to or leaves the Administration offices. I have great trouble with the position taken. I myself have filed an OPRA request on the 16th of this month requesting various information and although it is not a resolved matter at this point in time, I believe that some of the documentation which I have requested likely will be denied. I think it is unfortunate and I think it goes beyond simply taking a position with respect to a particular OPRA request and I think it relates back to the management of your office and the job that you are doing personally. I discussed this with you on the phone. I believe that you have let politics, which are at this point in time, very ugly in Mount Olive and I recognize the fact that you are in a very uncomfortable position in terms of the things which you are required to do. Nonetheless, your obligation as Business Administrator, under the appropriate ordinance which establishes your office, is not to the Mayor. It is to the Mayor and Council and to the community at large.
President Greenbaum (cont’d): I believe that certain of the actions that you have taken on behalf of the Mayor are inappropriate and ultimately outside of the scope of your job responsibilities. If that type of activity is going to continue, in my mind, I am going to ask the Council for appropriate resolutions to conduct an investigation in to how your office is being run, whether or not the assets of the township through its personnel are being inappropriately used by the Mayor for his own political purposes, as opposed to town business and we will take appropriate action if, in fact, that investigation is undertaken and the findings which I suspect we will find actually are true. I warn you, Mr. Prill, that those types of actions in the future will not be tolerated by me and I will take appropriate action as I deem is appropriate under the powers that are vested within the Council. Is there a motion to adjourn?

Mr. Labow: So moved.

President Greenbaum: Is there a second?

Mr. Buell: Second.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:40 pm.


_________________________________
Robert J. Greenbaum, Council President

I, LISA M. 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 24, 2006.

____________________________________
Lisa M. Lashway, Township Clerk

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