Township Council Minutes
April 12 , 2005
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
MOMENT OF REFLECTION for all of those who are serving to protect our freedoms.
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, Mrs. Labow (7:35), Mr. Mund, Mr. Rattner, Mr. Perkins, Mr. Greenbaum Absent: Mr. Guenther ALSO PRESENT: Mayor De La Roche; Chief Katona, Acting Business Administrator; Sherry Jenkins, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk. Questions on Bill List? (See Page 14)
Drainage Issues at Turkey Brook Park & Sunset Drive
President Greenbaum: The first item for discussion relates to the drainage issues at Turkey Brook Park as well as Goldmine Estates. Mr. Buczynski.
Gene Buczynski: Good evening.
President Greenbaum: Good evening. Thank you for coming tonight at my invitation, I appreciate it.
Mr. Buczynski: My pleasure, Council President. President Greenbaum: Last week, Mr. Smith raised an issue with respect to those torrent rains that we had and the runoff from Turkey Brook Park into Budd Lake. Besides that, I have heard from numerous residents in Goldmine Estates that the flooding situation…I don’t want to say, has gotten worse, but they have had significant flooding in their houses, which they have never had before and which they associate with runoff from Turkey Brook. Having heard both of those complaints, I asked….you’ve obviously read the minutes from last meeting…. Mr. Buczynski: Yes, I have. President Greenbaum: I asked that you attend to give us an update, if you would, on Turkey Brook Park and whether or not everything is configured properly, if there is something that we can do, as a township, to abate whatever is happening up there. Mr. Buczynski: If I could, I could just address some of the concerns that…the way I read it, from the minutes of last week, and some of the concerns. It seemed….well, I read in the minutes that the major concern was two areas that it was alleged that silt was going into Budd Lake. I believe one of them was the inlet at the end of Sunset Drive and the other was regarding Turkey Brook Park itself and the detention basin on Flanders Road. If I could just address….I believe those are the two items that both are causing silt into Budd Lake, is that correct? President Greenbaum: Yes. Mr. Buczynski: Just for the record, the inlet at Sunset Drive there was concern, that inlet does not drain into Budd Lake. That inlet drains behind the homes in Pershing Estates, it goes across Mount Olive Road, around 117 Mount Olive Road, discharges through a channel that goes under Wolf Road, next to the Kings Arrow Road, and goes out to the south branch of the Raritan, just before Flanders Road. So, that water does not go into Budd Lake, number 1. As far as that situation itself, there was concerns from the first storm then the last storm I think was the Sunday just before the meeting, and a contractor was there between the first two storms and after the second storm. After the first storm, he went in and put some silt fence, cleaned out the inlets, the inlets did have silt fence on them as requirement of the Morris County Soil Conservation District, because while we’re under construction, even during the winter, you want to limit the amount of silt that goes into the pipes, because
Mr. Buczynski(cont’d): those pipes….the pipe by the parking lot, goes into the stormwater detention basin in Turkey Brook Park. So, that is….what they did, though, after the second storm, when there was more siltation that came out, they put series of hay bails and additional silt fence in those areas to try to control the soil erosion concerns on the site. Regarding what was getting into the inlet at Sunset Drive, the second storm, there was more, I would say, discolored water….colored water getting into the inlet than it was silt. I mean, you could….and that was found by looking at the stone next to the inlet that was put in by the DPW, it was very clear, because most of the silt that came off of the park, was resting in the low area between….next to the walkway from the parking lots off the Sunset Drive. I’m not trying to limit the concern, there was a concern of silt leaving the parking lot area, and those inlets, but it was pretty much controlled on that site. There was a lot of discolored water, the material in Mount Olive, you get a lot of silty clay and once the rain water goes through that, it stays into suspension…. the silt and clay, and you’ll get discolored water. There was some silt also on the….across the street from Sunset Drive into that ditch, there was some silt. Over the years, there’s accumulation, some possibly from this storm, I’m not going to say there isn’t any, but it’s been over the years. That drains behind those homes, like I said, it goes off to Mount Olive Road and discharges into south branch of the Raritan, way below Budd Lake. So, that had no concerns to Budd Lake’s alleged problems. Regarding the water from the detention basin, I’m not sure if somebody said it overflowed….it did not overflow, if it…..somebody thought it did, it did not. The detention basin has been working properly. You can see, once you go half way up the bank, and the basin did not go above the structure, so it was really doing what it was supposed to do. As far as water coming out of that site, I did not observe it. One of the things, which I’ll get into, as far as Budd Lake itself, during the winter, of course, you have accumulation in all these inlets and also in the pipes of grit, sand, salt that gets left in these inlets and it goes into these pipes. When you have a major storm at the beginning of spring, it’s a first flush, all that water goes downstream and then…and where it would go would be into ditches downstream and overland areas or it could go out towards….into Budd Lake. That’s just a phenomenon that happens every year. In the basin, same thing, the basin….before they paved it, it was gravel; a lot of gravel had gone into the pipes. During the wintertime, with the heavy rain, if there’s any gravel or silt debris in those pipes, within the lake…. within the park, they would have gone out into the detention basin. That basin, in a heavy storm, as the water gets into the outlet structure, there’s going to be like a vortex action which causes that water to churn up and you’re going to get colored water leaving the site. That water goes down Flanders Road and into Pershing Estates and discharges into an open channel at the intersection of Mount Olive Road and Delbar Drive. That channel, if somebody looks at it, now you have about……1,300 feet from that location until it gets to Route 46. It’s an open channel that has eroded over the years. If you look at it and you look at the outlet pipe, the outlet pipe was clear, the stone around it….the riprap from there was clear, you can look just downstream on the right hand side, you can see where the embankment has no stabilization and there’s dirt that goes into the stream. You can look further down, about 400 feet, you can see on the left side of the bank, a tree that’s just about ready to go into the ditch and there’s eroded sand all around that….soil all around that, that probably washed into that ditch and showed more discolored water as you got into Budd Lake. I walked down to Budd Lake, by the Cobway beach, what you see out there is grits…you can see grits along the beach from the first spot where it goes out. I’m not saying there is no discolored water, but I will tell you, all the areas around the town had discolored water coming out of the inlets after the first couple of storms. As far as what we’re going to do with Budd Lake, I don’t…..with Turkey Brook Park, as far as Goldmine Road (Flanders Road) and the detention basin, the detention basin is working as designed, I did not design it, but it is working as designed. As far as water going across Goldmine Road (Flanders Road), I am not aware of it, I spoke to a Public Works person and I will tell you between that and Budd Lake, normally if there’s problems of a large magnitude, number one, if I don’t receive phone calls in my office, Tim Quinn will receive a multitude of phone calls. Neither of us have received phone calls from those storms. President Greenbaum: I can appreciate that. I did not hear that the drainage…the detention basin overflowed, I did not hear that there was water coming across Flanders Road, so…neither of those, and the only word I heard that there was a problem coming off Turkey Brook itself during the storm, was from Mr. Smith at the last meeting. That’s the first I had heard about it and when I heard about it…. Mr. Buell: Also Mr. Rec, in terms of the drainage area just… Mr. Buczynski: On Sunset Avenue. Mr. Buell: By Sunset Avenue, yes. Mr. Buczynski: That was a concern. President Greenbaum: But I have heard, from numerous residents in Goldmine Estates, that there is a problem, and I don’t know what the cause of the problem is and it may not have anything to do with Turkey Brook Park. Mr. Buczynski: Well, I can tell you, there were problems a year and a half ago, and even when Mark DiGennaro was still on the site when he had….when that basin, during the end of construction, overtopped and there was major concerns and there was also flooding that went across Flanders Road. That was rectified at the time. The County also put some berms there for the people that fronted Flanders Road and got water onto their lawn. So that….I’m not aware of any soil erosion problems or drainage problems at that location now. President Greenbaum: I think you’re missing…I understand what you’re saying, but you’re missing my point. My point now is I was contacted by a number of homeowners who live in Goldmine Estates who tell me that they had floods like they’ve never had before. Mr. Buczynski: Do we know where? President Greenbaum: No, you know what…I will get that information…. Mr. Buczynski: Because I can try to see what the problem is. President Greenbaum: I will get you that information, I will put you in touch with the people and you can come back and you can tell us that this is the reason that they’ve had the flooding. All I want to do is figure out what the cause is. Now, Mr. Smith has a different view of what happened at Turkey Brook, so perhaps Mr. Smith, if you wanted the podium at this point. Once again, I apologize, you need to state your name and address for the record. Jim Smith, Kenmar Road, Budd Lake: First thing, what I want to do is to give you a set of pictures that we have taken at the site, coming up to the Chester M. Stephens School, which is the site that was originally referred to. Now these pictures were just taken between last night and this morning, it shows the erosion from the rear parking lot at Turkey Brook. If you start on picture number one, this is taken from the parking lot, down in the very corner…this is in the far back section of the parking lot. Showing the dirt, you can see the silt fencing around the dirt pileup in the back up there that’s down. The bales of hay were just put in towards the end of last week, these were not in post the storm that came in on the 3rd of April. You can see, as you go on down to picture number two, it gives you a better view of the parking lot. You can see on the right hand side, you can see the erosion going down where the hay bales have been added in afterwards to check that. One comment that I have to make in my observations, which can be seen right at this point, you can go up and you can actually look under the hay bales in the same spot where the erosion is right now. I personally, I mean, I’m a plumber, I’m not into soil erosion, but I don’t think it takes too much as far as questions is concerned, as to what they expect to catch when you have gapping underneath the hay bales that are supposed to be correcting it. Going on to picture number three, it gives you another view from the bottom corner of the parking lot back up to the erosion, the first catch basin, which is right behind that bottom corner of the parking lot is at number four, you can see the sediment built up in the upper section. To the left is the upgrade, you can see the sediment built onto the left section. Those bales of hay that you see in there were also added just last week after the second storm. Going onto number five, there is a road that you can see there at five and six, which comes out from the construction for that parking lot, down onto the road that goes into the Chester M. Stephens School. You can see the erosion all through there, especially into number six, it goes off to the right side of the picture. That’s going down into the wooded lot. Also at picture number seven, this carries all that eroded area and takes it underneath that road. At the time that I was there, both on the 28th as well as on the 2nd, this was not even visible, this was just a massive sheet of water coming down through this area. You look at picture number eight, it shows…you can see the, what I call it a shoulder mix, which is what it was known as at one time, there’s a different term for it today, it has washed all through the woods. If you look at the top portion center of the picture, you can carefully look at it, you’ll see the mud that’s still down there in the tree line, that’s visible right here today. As I said, these pictures were just taken last night. Going on to picture nine, you can see the erosion of the shoulder mix down at the wood line. Number ten, this is being taken from the road going into Chester M. Stephens School, looking back up directly, my shadow is right in the bottom middle of the picture. Right there is the erosion that you can see the mud line coming up through. President Greenbaum: You cast a big shadow. Mr. Smith: Thanks Rob. I couldn’t get that picture….I tried to get my body out of there and I couldn’t do it. Going on to eleven, picture number eleven was to show the volume of the mud in the tree line in there, it didn’t come out, unfortunately, I’m sorry, but if anybody is interested, you can go out at any time, tomorrow, whenever, and you can see all these pictures. This is nothing….anything exciting, revealing at the storm time, this just shows the aftermath. On to twelve, you can see across the road, where the fields….the ball fields there, Chester M. Stephens School behind me, I’m taking a picture of the parking lot where the red van is up at the
Mr. Smith(cont’d): top, and you can see the silt fencing on the road that is down. Picture number thirteen, you can see the catch basin that was referred to by Mr. Buczynski, right behind and underneath the horse there where the orange cone is. Again, you can see up through the tree line, you can see the red van. What you are getting to the right side of the right horse, all through that area there, my observation, which was on Saturday afternoon the 2nd, this was heavy mud flow coming through and going into this catch basin. You can look along the edge of the road, you can see the collection of heavy silt, mud silt, that has collected and caught in the gravel through there. The erosion that’s under this horse was put there after the storm where they had heavy erosion all around this catch basin, this was put after the 28th storm. Picture number fourteen is just giving you a general impression of that wooded area in there where most of the water and mud had come down through, and picture number fifteen just taken on the road going back up towards the parking lot, and you can see the erosion both in the dirt and in the driveway. Now, again, as I said, on the 28th, my wife and I observed….in fact, my wife brought it to my attention. She is a lifelong resident on Budd Lake at #66 Sandshore Road. We’re both very concerned about the lake, she’s the one that picked up the plume when there was still probably over 50% of the lake that had ice coverage, which is directly after that Easter weekend, where we had the rains prior to Easter, we had the melts, with the weather condition. We had a plume. That night I was called down on a sump pump problem, which was down at the end of Chelsea, which is going on, which is a high water table problem, by the way, all through that area, it’s very wet. I don’t mean to side track the issue, but……I in turn, at 2:30 in the morning, walked that all the way from the intersection of Route 46 Cove and Sand Shore, followed that all the way back up to the outfall across from Delbar, which is where it crosses Mount Olive Road. Now, the one problem that I have is the catch basin that’s shown here in the pictures, which is up in the Chester M. Stephens School, there is no connection from what I can find, that goes anyplace beyond Delbar. Any of the water that comes out of that area, goes down Carson, goes down Delbar, crosses in the outfall and crosses Mount Olive Road. There is no drainage system that crosses Mount Olive Road. Above that, anything that comes off that section of the hillside goes directly into Budd Lake, cannot get into the south branch of the Raritan unless it’s planning on going through Lakeview Estates, the Rescue Squad, all that section over there, because that’s where you have to go to get into the south branch of the Raritan, that’s past the old Town Hall. That’s quite a ways away, that’s probably a mile away. So, I don’t know what the logistics here, as far as what Gene was looking at, but from what I see and from what I walked and saw the flow, saw the discoloration, both storms, on the outfall pipe at Delbar, crossing Mount Olive Road and dropping into that wood line, it was heavy silt, heavy coloration and it is the same thing that you can go down into Budd Lake, step onto what’s been referred to as biker’s beach, and you can see the mud flows that have come in there, going back to 2003, which is as I had said last week, when I first observed a lot of these problems, but this has gone on for years, it’s just that now we’re supposed to be coming more and more aware of the lake and trying to maintain the lake and keep the lake, and here we are… we’re letting all this happening from a municipal owned property, this is where I have a problem with it. President Greenbaum: Mr. Buczynski. Mr. Buczynski: I have a map here, it’s about four foot by three feet, I would be glad to put it on the table and I’ll show you exactly where the water from the inlet on Sunset Drive goes to. It’s like I said before, it goes behind Pershing Estates, it goes into a culvert, then out of the culvert, it goes overland almost like right angles from Delbar, and it runs across this 117 Mount Olive Road. There’s a creek that runs across Mount Olive Road just beyond the entrance to Gen III, Section II. It goes across there, it runs parallel to probably Cassidy Road, it comes out to the culvert just beyond the new school on Wolfe Road, there’s a good size culvert there, that’s where the water comes out from that area. I’ve got a map, I would be glad to show it to you, Jim, but that’s where that water comes from. I even spoke to Tim Quinn to make sure there was no additional drainage that I know of from when these town topos were done and we marked every drainage inlet in town in this area back in the ‘80’s, and there was no additional drainage back there. So, I respectfully disagree with Mr. Smith relative to the water from Sunset Drive going down there, you could….and I…..you could put dye through that inlet and I’m guaranteeing you that it’s not going to come out into Budd Lake. I’ll be glad to show Council the plan if you want me to bring it out there and show it to you. President Greenbaum: I don’t think that’s necessary. Mr. Buczynski: That’s where it is. President Greenbaum: I don’t think that’s necessary. Anyone from Council have any comments on this? Mr. Rattner: The first time you were up you mentioned three or four times about water crossing Goldmine Road, obviously, was that just….you mean Flanders Road? Mr. Buczynski: I didn’t say Goldmine Road, I said Flanders Road. Mr. Rattner: Okay, that’s what I thought you meant. Mr. Buczynski: That’s what I had said….I think Rob had said Goldmine Road. President Greenbaum: It’s Goldmine Estates. Mr. Rattner: That’s what I thought you meant, I just wanted to make sure. Mr. Buczynski: I’m not making light of the problem coming out of the park in the back off Sunset Drive and in fact the pictures shows exactly what happened there. President Greenbaum: Well, you know what I’d like to do, what I’d like to do since….what I’d like to do is for you to get in touch with Mr. Smith and I’d like you, during the next rain storm, and you should have advance notice to know when it’s coming, is to review….to actually be onsite during the rain storm. Mr. Buczynski: I have no problem with that. President Greenbaum: And let’s see where the water’s flowing. Is that acceptable, Mr. Smith? Mr. Smith: Yes sir. President Greenbaum: And then we can actually have a discussion as to what was happening on a particular day and we can see where the water is going and where the problems are. Mr. Buczynski: I would be glad to meet with Jim. President Greenbaum: I mean there are certainly erosion problems, which Mr. Smith has identified, irrespective of where the water is going. Mr. Buczynski: Absolutely…and the contractor, who left for the winter, will be out there probably Monday morning to start working on the next phase of the project, which was incomplete. President Greenbaum: Stabilization of the area which is being….. Mr. Buczynski: Of the area and they’re also putting in the landscape berm which was required for the people in the rear on Sunset Drive. President Greenbaum: Okay. Mr. Buczynski: Alright, that work will be done. President Greenbaum: I’ll get to you in a second, Colleen. Jim, did you also have a question? Mr. Buell: That is what my question is, when is that going to start, because I think that is the answer to much of this erosion that not only goes there, but goes down to Meyer’s Pond as well. President Greenbaum: I appreciate that. Ed, does the Administration have anything to add on this, or it’s basically been covered by Gene. Colleen, you had a question and then I have another issue for Mr. Smith while he’s here. Ms. Labow: I just have two questions, one question…or statement….was addressed, but what we talked about in the fall, Gene, with the remediation for those fields, that will take care of all this erosion for those fields, that will stabilize everything so we won’t have this problem? Mr. Buczynski: What you have…you have about an acre of stabilization in the contract. When we talked to Soil Conservation, the area right behind…the big open area, you know where the big soil piles are? Ms. Labow: Yes. Mr. Buczynski: All the way to the right of that, where the soccer field is graded, there’s growth there that Morris County did not feel we need to take care of that. There is a strip just off of that pile where there’s a lot Mr. Buczynski(cont’d): of water coming off that’s going to be taken care of, and right around the inlets at the corner of the parking lot, that’s all part of his contract when he put in the pathway, the walkway, which was referred to as the road, that area up to Sunset, because it is wide enough to be considered a road right now until they finalize it. That whole area was disturbed before the wintertime, and that’s going to be stabilized as part of his contract also. Ms. Labow: And then we won’t really, after that’s…all that work is done, really not until we get the next big rain storm are we going to know how much more we need to do. Mr. Buczynski: Well, once we stabilize and the grass is in, okay….then the inlet, which was shown in pictures by Jim, will have the silt fence taken off, and the silt fabric off, similar to what happened over in Woodland…. now that water’s going to go in there and go into the basin, into the basin of Turkey Brook Park and won’t go anywhere else. So, that should collect the….right now, that water is….a lot of it’s bypassing that inlet, because it’s protected, and it’s going down Sunset Drive….Sunset walkway. Ms. Labow: The other question I had is you mentioned using dye, would that be recommended to prove to everybody where the water is actually going? You put dye in, I mean….. Mr. Buczynski: Well, you could, but I think if I walk it…. President Greenbaum: I don’t think we need to go to that expense at this point. Mr. Buczynski: I think if I walk it with Jim, we go out there to show him where it’s coming from….I can also show him the maps and we can observe. President Greenbaum: I would like to be present, if possible, during that walkthrough as well. Mr. Buczynski: It might be 2:00 in the morning, though, right? President Greenbaum: That’s okay with me as well. Mayor, you had something? Mayor De La Roche: Correct me if I’m wrong, but I had thought that Mr. Smith indicated to me that you had a meeting with him two or three days before the rain storm? Mr. Buczynski: With Mr. Smith? No. I received no phone calls. Mayor De La Roche: Oh, so this afterwards. Mr. Buczynski: Of any problems…I wasn’t aware of any problems. Mayor De La Roche: This is all subsequent to the rain storm? Mr. Buczynski: Yes. Mayor De La Roche: Okay, thank you. President Greenbaum: Thank you. Gene, there are two other issues which have been identified unrelated to this issue, but I want to ask Mr. Smith a question with respect to the flooding in Goldmine Estates. Jim, last night I had a conversation with an individual who….his name is Bill, I don’t know his last name, I know he’s an attorney. Mr. Smith: Yes, I know him well. President Greenbaum: I know you do, because he has mentioned that you might be able to discuss the flooding issue in Goldmine Estates, he’s one of the individuals who came up to me and said he has an incredible amount of water….. Mr. Smith: Yes, his house is located at the bottom of Chelsea Drive. We have been pumping….in January we had a pump failure, due to the volume of water that we saw at that time, because he had three feet of water in his basement. We put a pump in that was pumping 65 gallons a minute, where a standard sump pump only pumps about 35….between 25 to 35 gallons a minutes. We hit the peak…the Fire Department was there five times between March 28th and April 3rd, we were pumping with four pumps in his basement that we had and could Mr. Smith(cont’d): not maintain it. We were pumping as much as 170 gallons a minute of water out of his basement. President Greenbaum: Was there ever a determination made as to where the water was coming from? Mr. Smith: Directly out of the ground, right straight up. It was coming up….the floors had been sealed to the walls, when we were in there, in fact a couple of the firemen there…I don’t know what their names were, but we were walking around and you could see where it actually was….it was actually pushing the seal, breaking the seal right up between the floor and the wall. Somebody had coated it, whoever it had been before. President Greenbaum: Can you give the name and address to Mr. Buczynski, so that….. Mr. Smith: Yes, Bill Ware, number 19 Chelsea, yes…the very bottom….right down Chelsea, you go right into his driveway. President Greenbaum: Yes, I don’t know, maybe it’s a site-specific condition which the township is not responsible for, but we should look into the issue and provide whatever….. Mr. Smith: Well, every house along that section through there, when we were there on Sunday, the 3rd, they were all being pumped. President Greenbaum: Yes, we should… Mr. Smith: They had three trucks in there with crews in there working. President Greenbaum: We should look at that issue, if you would, and report back to us on that. I would appreciate that. Thank you, Mr. Smith. Mr. Smith: Could I….if I just want to...I’d like to go back one minute to Turkey Brook. I just want to respond… I didn’t take it on over to the retention basin, but the retention basin did….it was within six inches of the top on Wednesday afternoon, this is the top of the…whatever the drainage point….or whatever, because I can usually go up. When I have gone up and looked in there, I can get in and look over into that and you were a good 22 feet away from that, as far as the water level was…within about six inches of the top. The outflow coming in across from Mrs. Lashway’s house, at that point, was fairly silted coming in there, too. So, there was a tremendous amount of disturbance going on in that retention pond, and even afterwards, when my wife and I were in there, on the Monday afterwards, you could see….the water was still heavily silted and discolored. President Greenbaum: I understand that and I can tell you that, in my back yard, I had a river flowing through, which I don’t normally have, because of the….I mean, it was in a channel and it was channeling the way it was supposed to, but it was a raging stream that was going through my back yard because the amount of rain, which fell in such a short period of time, created such force and such volume that we saw things that we don’t normally see, although this year we seem to see it other every week, which is….Jim. Mr. Buell: Chelsea…that Chelsea property is just above where Morris Chase is supposed to be built….what does that say for the percolation and the water level down in the Morris Chase… Mr. Smith: Can I respond first, then I’ll turn it on to Gene. President Greenbaum: You know what, I don’t know that we necessarily want to get Jim’s opinion on water percolation and…you know what, it’s obviously a problem down there. For Jim to speculate as to what Morris Chase is going to do, from a hydrological prospective, I don’t think is terribly meaningful. Steve, did you…. Mr. Rattner: Just because I hear Gene, I thought, mention Goldmine Road a couple of times….because of the land that Morris Chase has, there’s been water across Goldmine Road. At least it was there still on Sunday…. this past Sunday. I wasn’t around for the big rain, but the Morris Chase upland, not the down land, the upland area is flooded, and in fact the water was so much it actually….it’s been across Goldmine Road continuously and it was still across the road as of last Sunday, where it was going from the highland part of their property across, I guess, just west of where Country Oaks built their sewer treatment plant, and if you go today, the water is still halfway across the road. If you look at Morris Chase’s property, it is flooded all over. President Greenbaum: I’m sure Morris Chase would tell you that, by developing the property, they’re going to abate the problem that’s caused by the runoff. Mr. Rattner: Yes, because I just wanted to say that…. President Greenbaum: As we always hear from developers….it’s going to get better, as a result of the Stormwater Management, not worse. Mr. Rattner: And my question to Gene is where does the water go? Mr. Buczynski: Up hill, Steve. Mr. Rattner: Yes, that’s why it’s upland. President Greenbaum: I don’t think we necessarily need to hear from Jim as to how that’s….Morris Chase is going to affect Chelsea. I think that Chelsea obviously has a problem and I’m sure that additional building in the area is not going to be terribly helpful to the flooding problem, but…that’s all. Gene, there were several other questions. Thank you very much, Jim, and I look forward to that site walk at 2:00 in the morning. Mr. Rattner had the first issue. Mr. Rattner: Just….you’re here so I have the opportunity, is something that I’ve brought up a couple of times before, also with Tim Quinn, and that’s the drainage and the condition of International Drive through the Crossings. Remember I said it looked like the water…the way it came off the south side of the road, would just completely go across the road, because there’s no place to catch the water, and I know Tim, throughout the winter, had to send out crews to sand because it would ice up…. Mr. Buczynski: Steve, between like the link road to 206 or by the…. Mr. Rattner: I’m talking about in front of Lowes and coming down, probably right down to about Toys R Us. It’s usually always wet, but also, because of that, the road is starting to lift. The road is becoming pothole heaven and, actually a couple of days ago, I’m talking about last week, during the weekend, it seemed to dry out, there was actually some of the pothole’s water still coming up, I mean, the pressure underneath, and the problem, what it looks like, is the way that it’s graded from the parking lot is so saturated with water, also the way that when they pile snow, it drains down. There’s no drain or anything on the high side of the road, so all the water that comes is constantly coming down, combine that with the fact that we had to sand it all winter probably didn’t do the road any good either, and now it’s just being ripped up and there’s water pressure underneath the road, and I know I brought it up before. We’ve been looking at it. Do we have any maintenance money left? Mr. Buczynski: There’s another area, too, between Link Road and the culvert towards 206, where there’s a lot of water. Mr. Rattner: Well, that’s Roxbury. Mr. Buczynski: No, that’s not Roxbury, that’s yours. Mr. Rattner: Okay. Well, where the water is laying on the road, that was there this morning. Mr. Buczynski: Right. Well, one of the concerns there, I was going to say, that was a flooding area. One of the concerns was there’s an inlet that was supposed to pick up the water in the upper bank, because I went out with Tim….this goes back over a month and a half ago. Mr. Rattner: It’s too high. Mr. Buczynski: No, he didn’t know it was it was there, and it was basically filled up around it, so water wasn’t getting in there. So, that was resolved, but the one by where you’re talking about, they did put in sub-surface drains. Tim and I have talked about this and I have been trying to get a hold of AIG Baker to talk about doing something else still there off the roadway, if we can still get them to do that and I have to speak to John Dorsey regarding that also. Mr. Rattner: I think where the opportunity is coming about, because I know with the settlement we had with everything we’re taking over the road, is that they’re coming up to….they have some more plans for some more expansion and maybe it can be to fix the existing problems. Mr. Buczynski: We have $75,000 in escrow, and that’s why I want to speak to John about using that to do some work that’s off the roadway, but it’s really for the protection of the roadway. Mr. Dorsey: Well, the $75,000 was paid by AIG. Mr. Rattner: Yes, I know that. Mr. Dorsey: And certainly I think it’s there to be utilized. Mr. Buczynski: I just want to talk to you about that. Mr. Rattner: But I don’t know if that’s enough if we have to do some major drainage work, because what we have to do is catch the water and get it down. Mr. Buczynski: Well, we can do that…what we talked about doing, we can do that with that money within $75,000. Mr. Rattner: Okay. President Greenbaum: Thank you. Mr. Perkins had an issue, while you’re here, as well. It’s like throwing darts, Gene. Mr. Buczynski: Hey, that’s what I’m here for….I can take a lot of darts, you know, I’m a big guy. Mr. Rattner: We want to get our money’s worth. Mr. Perkins: Thank you, Mr. President. Today Mr. Buczynski and myself attended the application hearing for Applied Wastewater….Applied Water Management, I guess they’re called now, Application 5353 for the diversion of water, in conjunction with the Morris Chase and Morris Hunts developments, as well as the existing Country Oaks. Gene, would you be kind enough to bring the Council up to date on how we made out at the hearing, I know there’s no final solution yet. Mr. Buczynski: It was a kind of quick meeting, it took about half an hour. The only people there to really comment on it was myself and Mr. Perkins. There were several people from the developer’s side, Toll Brothers was there…three or four people, then the design engineers for them, Joel Kobert was there and another attorney was there for them. We basically put on…..basically what this is is really a public hearing and we just put on record any concerns. We had written a letter to them back on March 17th requesting a hearing and to be shifted to Mount Olive, so we brought that up in the comment period at the meeting. We also gave them correspondence from Mr. Buzak relative to the Stay…that was in my original letter to the DEP of March 17th. We wanted to just put it on record, so we put it on the record the fact that we’re very concerned on why should they consider the water allocation at this point, since the development is on Stay, and also we’re still concerned, we got a letter to the Highlands Commission relative to our concern that the action they took to say their application was a…..Morris Chase’s application was exempt from Highlands, they did not cover all the bases, the fact that there is a Stay and the courts in the Appellate Division, that they can’t really move to construction. So, we want to bring that up on the record, which we did, to say why don’t you wait until you get that taken care of, because back in October there was a hearing and it was postponed because we brought up the issue of Highlands. Well, now they’re having it, but Highlands isn’t really clear yet, because there’s letters going back and forth, so we basically brought the points up that were listed in my letter of March 17th on the record, and they took it and we’ll be hearing from them probably within thirty to sixty days, but we have additional time to comment, then if the town wants to write any additional letters opposing the water allocation, you have until, I believe it was Wednesday, April 27th. Mr. Perkins: The 27th it was. Mr. Buczynski: The 27th, the town could put additional reports on the record to the State. That was really it. It took about a half an hour of actual hearing time. Mr. Rattner: Gene, you remember when Country Oaks set up their water system, we had up on Goldmine Road, Starr and one other place, people who had their wells, they said that the static level dropped, and that was just from Country Oaks with 160 homes. Mr. Buczynski: Concerned about shallow wells. Mr. Rattner: The wells all in the area in there are anywhere from, I guess, 40 to 70 feet, that’s probably the average dug about thirty, forty years ago, it’s probably the average. What can be done to make sure that now if you’re going to have more wells, because you’re going to be surrounded by them, you know, there’s plenty of water there. You know, if, when they filled up the tank, that’s when it showed up, I think, the last time. I mean, we were able to see if it was really a cause and effect, but if we’re talking about taking out three times as much water, you know, with the other project….or two times, yes, almost three times as much, because you’re going to have…you have a few roads in the middle, you have water systems surrounding, pumping a lot of water, what happens if….and what kind of guarantees can we give the residents of the area that if the wells do go dry, because of the pumping around…I mean, whether they….. Mr. Buczynski: Yes, this is a major concern in the Planning Board hearings also regarding that, and that’s where you go back to the DEP approving the allocation permit, also approving the whole 72 hour pump test and all that where they looked at pumping affects of the adjacent wells. That was part of the testing, now what happens….that’s all well and good, what happens to construction if the wells go dry? Then they’re going to have to….I can pass that on for legal advice, but they’re going to have to go against the developer. Mr. Rattner: Well, you know, but….going up there, because it depends on what’s there. If it’s a rainy season for two years, you’re going to have a much different test than if you have it dry for three or four years. Mr. Buczynski: You have to realize, Steve, the wells that they’re pumping from are like….. Mr. Rattner: I’m just looking in the future, and obviously it would be best if we could water the area, I mean, if you’re surrounded by water systems….you know, you have everything connected, I just wanted to…… Mr. Buczynski: The difference is their production wells, again, are 700 feet deep or so, compared to 40 or 70 feet, so they’re coming out of a different portion of the…… Mr. Rattner: Well, as long as you don’t have fisssures, I mean, that’s in theory, we know that, it could and it could not. You know, if it’s real clean water, you can tell whether it’s old water or new water. I learned that in one class I took, because the 700 foot water has been there for 30,000 years. President Greenbaum: I’ve never heard that before….old water and new water. Mr. Rattner: Am I right, am I right, Gene? Mr. Buczynski: Whatever you say, Mr. Rattner. Mr. Rattner: Well, am I right? That’s what the hydrologist said. Mr. Perkins: Yes, Mr. Rattner, when we were at the hearing today, part of the stipulation, I guess, Gene…what would they call that, the modified application that DEP staff had come up with for getting the contract with New Jersey Water Supply Authority….. Mr. Buczynski: Yes, consumptive agreement with them. Mr. Perkins: Right…as well as they had mentioned that on the cone of influence, if there was any adverse effect on any of the municipal wells or any of the private individual wells within the area that Applied Water would be responsible. Mr. Buczynski: Yes, there was a contract that they talked about them signing. Mr. Rattner: That’s all I wanted to make sure that that was in there, because you don’t know, and if they get the approval, and they do it everything in theory, because those houses are going to need water, but you have to be concerned about the people, because they don’t have many options and they’re not going to dig a 400 foot well, because it gets very expensive, not just to dig it, but also to pump it up. President Greenbaum: Thank you very much Mr. Buczynski. Mr. Buczynski: Anything else? Ms. Labow: I do, I have another…… President Greenbaum: What, you had another question? Ms. Labow: On something else. President Greenbaum: For Mr. Buczynski? Ms. Labow: Yes. We’re not getting paid by the situation here….we’re not charging by the situation, just the time, right Gene? Mr. Buczynski: I’m here. Ms. Labow: On that River Road….was that remediation work done, from Mr. Mortezai, for Joanne? Mr. Buczynski: What’s happening on Rezamir Estates, we met with probably about five or six people from DEP, Mortezai….. Ms. Labow: The day I was there or did you get after….. Mr. Buczynski: I was….somebody from….no this was recent…two weeks ago. I was not there, one of my people from my office was there, because I was doing depositions on Olympus and Turkey Brook Park, so I was somewhere else for the day, but the State is allowing them to go in and basically stabilize both Yalda Court and Shop Lane with heavy stone, which should help the erosion concerns at this point. They are also going to put some new diversion pipes in and try to stabilize that area. They’re going to do some work on the detention basin on Shop Lane that they’re going to be allowed to do at this point. The State still has some concerns relative to giving them the….to pull the suspension for the permits, because they still have concerns relative to the amount of water they see on the site, from the streams that are on the site, that they feel there’s some inconsistencies with the plans that were approved by the State previously, so they want to reevaluate the whole wetland area and pipes, so they’re not going to give them the full approval to go ahead and start complete construction out there, but they’re going to allow them to stabilize the roadways, do the detention basin off Shop Lane and also on Yalda Court they talked about putting in that basin as a sedimentation basin, but they’re going to be moving that further away from the stream, probably about 50 feet, but we need some information still to be submitted by the design engineer to the State, and once the State gets that, which they should receive this week or next week, the State committed that within fourteen days of receipt of that information, they would review it and give the developer an okay to start building the detention basin at the end of Yalda Court, which I think will take care of a lot of the problem. A lot of the problem now is the delay because of the permits being suspended by the DEP and not letting the contractor put in the soil erosion measures that he needs to put in relative to the detention basins. Ms. Labow: So, it sounds like the State is working with you now to get that. Mr. Buczynski: Well, they got an issue from….we complained to them and Soil Conservation wrote them letters and they got to the new Commissioner and the Commission wants that resolved. Ms. Labow: Okay, good. That’s good news, thanks. Mr. Buczynski: You’re welcome. President Greenbaum: Gene, just let me say that I appreciate the job that you do for Mount Olive, your responsiveness when called upon, and what you bring to the table. Mr. Buczynski: I appreciate it. President Greenbaum: Thank you very much. Ms. Labow: Thank you, Gene. President Greenbaum: There’s one other issue which arose, I’m going to deviate from the agenda, Mr. Bott, if you would, do you want to come up to the podium at this point? With the resignation of Russ Brown as our construction official, an issue has arisen which respect to the High School and the need for plan review at a minimum. My understanding is that there was some thought that we could move forward with some action to have Russ Brown, if he were so inclined, if Roxbury were so inclined to allow him to act as a special
President Greenbaum(cont’d): construction official, with respect to the School Board High School Project. I have a further understanding that you met with the Mayor with respect to this issue and Mayor, my understanding….correct me if I’m wrong, is
that you are in agreement if Mr. Brown is inclined and Roxbury is inclined and the School Board is willing to pay the total cost of the project, is that correct? Mayor De La Roche: Yes. As long as Mr. Brown is in agreement, I have no problem with it at all. President Greenbaum: I understand, and I understand further that, at this point, Mr. Brown has not been contacted. Bruce Bott, School Board President: Yes, I spoke with him this morning. He was agreeable to doing anything that Roxbury would allow him to do, so long as it didn’t impact adversely on his duties to Roxbury. He’s just received, I guess I’ll receive tomorrow morning, the final drawings that he has to work with, so he’s been held up through no fault of his own. There was a disconnect between the architect and the School Board and the construction review process that’s made this more urgent. President Greenbaum: What is the scope of his employment going to be, as you see it? Is it just for the initial plan review, or is it going to be on a going-forward basis? Let’s assume that Mr. Brown were so inclined and Roxbury were agreeable to allowing him to continue on with this project? Mr. Bott: I guess that depends on what happens in terms of filling the position with someone else from the township, but certainly the plan review is the most critical item right now, but it will move rapidly into an inspection task I think, as the project gets underway in June. President Greenbaum: Mr. Brown is still employed with the township, I guess, until the 21st of April is when his resignation takes effect. Is there some reason that he could not fulfill the obligation of the code review of the plan prior to his departure? Mr. Dorsey: Well, isn’t that a question that has to be asked of Mr. Brown? Mr. Bott: It would depend on what his work load would be. I don’t know what he has pending or where it is. Mr. Dorsey: Now, the other thing is, the Board of Education cannot pay Mr. Brown directly. The Board of Education may reimburse the township, but we can’t have the Inspector or the Reviewer being paid by the applicant. Mayor De La Roche: As I understand it, it’s been calculated that the plan review would be about 75 hours, or so, of additional work. So, if he could work that out, you know, no problem with that. Mr. Buell: Mr. Casey…we’re in receipt of a letter that Mr. Casey said that there is no way, in the next 8 or 9 days that he’s going to be able to accomplish that, due to his resignation, him leaving, and I obviously indicated to you earlier that I think something….we need to do something special in this particular case. President Greenbaum: Well, it depends. What is the timeframe that the plan must be reviewed before it will cause detriment to the School Board by way of either time delay or additional cost? Mr. Bott: I don’t have an exact date, but I would assume it’s some time in the middle of May, before it would be critical to us. President Greenbaum: Okay. Mr. Dorsey: You know, you can’t really discuss this intelligently until you have Mr. Brown here. President Greenbaum: That’s not true, we can set it….I disagree with you John. We may not be able to take action tonight, but I think we’re all more educated as we sit here, as to what might be involved, what we might be able to do and what actions we ultimately may have to take. Mr. Buell: Yes, and there’s two other concerns here. He’s resigned as of April 21st, presumably he’s not going to be able to make that…do this plan review between now and April 21st and, you know, this is our last meeting before April 21st, so if we’re going to do something, we need to do something tonight or have a special meeting, potentially next Monday night….. President Greenbaum: I’m not sure that that’s necessarily true, based upon the timeframes that are involved. I
President Greenbaum(cont’d): think we’re all pretty much in agreement that if Mr. Brown is willing to do it and the School Board and Mr. Brown can reach a rate at which the School Board is willing to reimburse the Township for the work, that the work can commence by Mr. Brown and we can take whatever action we need to take at the next public meeting, so that the work does get done in a fashion that’s….. Mr. Buell: Is that…..is that timely? Mr. Mund: Why can’t Mr. Buczynski review it? President Greenbaum: He needs to be the Construction Official. Mr. Bott: Mr. Brown indicated to me this morning that he couldn’t finish it by the 21st. Mr. Buell: Yes….. Mr. Bott: With all the work he has now….so, it would put it to the first part of May I would think…if he was to devote a fair amount of…he has another job so, he’s going to have to work on an hour…half hours, and weekends, and nights….75 hours will take three or four weeks at least….at the best. President Greenbaum: Mr. Brown…..in the event that Mr. Brown is not available, does not have the time, does the School Board have another option which it’s….which the Township…..my thought up here is that whatever the Council can do to move this along to help the School Board, so long as the residents of Mount Olive are protected, you know, that we have a qualified individual who’s doing the review, I’m willing to help the School Board out, obviously, in whatever fashion is possible. So, Mr. Rattner, did you have something? Mr. Rattner: Yes, one thing. If it’s 75 hours of work that Mr. Brown has to do, you’re talking about almost a physical impossibility, because you’re talking about him working full time on another job, while starting a new job. I do believe, if you understand the process, Mr. Brown doesn’t do all the reviews. Mr. Brown does it and oversees it, but he has an electrical inspector….he has other people who work for him. So, that would still probably be done. I think we have to get a handle on how the process works and what he has to do. Mr. Brown may be reduced to his actual input to maybe 20 – 30 hours, which then seems doable. At 75 hours, and we’re talking about maybe he starts on May 1st and he needs it….but you need it by the middle of the month, he has to work full time here which, you know, is going to be pretty hard if he’s starting for a new boss, and especially since Roxbury has not had a Construction Official, so they’re probably behind the eight-ball right now, too. So, I think we really have to get a handle. We also have to get a handle on whether he’s going to decide to really do it. I think he’s already talked, I think, with one of the things that we brought up, and I don’t want to say too much, that he has gotten concurrence, that they wouldn’t hold it against him as long as it doesn’t effect his job there, but he’s also concerned about what his license will let him do, and I think he said he’ll have that by morning. He wants to make sure about what he can do, he’s also concerned about how his status with his license and his liability on it, and he’s checking with the State and, as I said, we’ll know tomorrow, but I don’t think it’s 75 hours, you know, it may be that much work that Russ would have to do, and our people are still here. President Greenbaum: What I’d like you to do, Mr. Bott, is to reach out to Mr. Brown, figure out exactly what you need us to do as a Council. Mr. Bott: Okay. President Greenbaum: Yes, if we can bring Sonny back……I don’t think so. I think Sonny is happier sitting in the audience, at this point. Why don’t you do that and if Mr. Brown is not available, that you come back to us with some other option, in terms of getting this resolved. Mr. Bott: The second option is to pursue some other officials of another town and the architect is reaching out to a number of contacts he has to see if he can secure someone else, but apparently a number of towns are in the same situation, so the individuals he’s contacted are all busy, at this point. The third alternative is to go back to Trenton, which effectively puts the project back another whole year. It would be catastrophic in terms of costs and delay, so Mr. Brown is our best hope. So, I’ll talk to him then.
President Greenbaum: Thank you and whatever help, you know, you have my telephone number, contact me directly and I’ll fast-track whatever needs to be fast-tracked. Mr. Bott: Thank you. President Greenbaum: Okay, thank you. Ms. Labow. Mr. Labow: Bob Casey’s company, Jersey Management, do they have Construction…… Mr. Dorsey: No, they have Administrators. Ms. Labow: They’re just all Administrators? Mr. Dorsey: Yes. Ms. Labow: Okay. Mayor De La Roche: I just wanted to indicate…..as I indicated to Mr. Bott already that we’ll do everything we can do on the Administration side to help expedite the matter, too. We’re all in agreement on this. President Greenbaum: Thank you. Thank you, Mr. Bott. Questions on Bill List? President Greenbaum: Okay, I skipped over Questions on the Bill List, which we can identify for Sherry, so that she can get the answers. Does anyone have anything? Mayor De La Roche: Before we go to that, could I bring up this letter I received from the Board of Education regarding…..they’ve agreed that the restriction could be put in the deed regarding the residential use, which I asked for, to protect the surrounding area in Flanders of the Flanders old school. President Greenbaum: Very good. Mayor De La Roche: So, they’ve agreed to it, so we can proceed ahead. President Greenbaum: Thank you. Thank you for taking care of that in a timely fashion, Mayor. Does anyone have any questions on the Bill List? Seeing none, we’ll move on. Sign Ordinance President Greenbaum: Colleen, you asked that the sign ordinance be put back on? Ms. Labow: Yes, with Mr. Terrezza here. For the Sign Ordinance, I went to a Staples grand opening two Saturdays ago, April 2nd, and I was surprised to find out that they didn’t have any banner sign or pennant flags or anything else indicating that they were having a grand opening and Mr. Terrezza told me that, according to what he had understood, that they were not allowed to do that, the manager at the Staples was told that they couldn’t. I think what was told to them by the Township was that they couldn’t have a big truck balloon on top of the roof and somehow there was a misconnect in what they wanted to do and what they thought they were allowed to do, and I just wanted to clarify to Mr. Terrezza that there is a process fourteen days to get a sign permit and anybody coming to town, any of our new businesses want to have a grand opening, that they are allowed to do that. I just want to make sure that that is in the Ordinance, it is in fact in the Ordinance….I wanted to see if, I think Mr. Terrezza had some questions on it…can we hear from Mr. Terrezza? President Greenbaum: Questions on the Sign Ordinance….I would rather save that for a conference meeting than to do it at a public meeting at this point, if that’s okay with Mr. Terrezza. I saw Lou before. Lou, is that alright? If there are questions, or you have concerns, or we need to amend the Sign Ordinance to deal with some of the issues of the constituency that you represent, we can do that at a conference meeting and I’ll schedule the Sign Ordinance, if that’s what you…..okay, then we’ll set it down for a conference meeting. Can you just pick a date, Lisa will get in touch with you and let you know when it’s going to be on for. Ms. Labow: Okay good, because I just didn’t want to ever see that happen again, when we have a new business coming in and being told they’re not allowed to have grand opening signs. President Greenbaum: I appreciate that. APPROVAL OF MINUTES OF PREVIOUS MEETINGS March 22, 2005 Present: President Greenbaum, Mr. Buell, Mrs. Labow (7:33 pm), Mr. Rattner,
Mr. Perkins, Mr. Mund Absent: Mr. Guenther April 5, 2005 Present: President Greenbaum, Mr. Buell, Mrs. Labow, Mr. Guenther, Mr. Perkins (recused), Mr. Mund Absent: Mr. Rattner President Greenbaum: The next item on the agenda, Approval of Minutes, March 22nd, 2005 and April 5, 2005. Mr. Buell, can you move those please? Mr. Buell: I move the Minutes of March 22nd and April 5th. Mr. Mund: Second. President Greenbaum: Any discussions, deletions, changes? Seeing none, Roll Call. ROLL CALL Passed Unanimously, except Mr. Rattner and Mr. Perkins abstained from the April 5th CORRESPONDENCE LETTER FROM RESIDENTS /ORGANIZATIONS 1. E-mail received March 18, 2005, from Tom Maiello, Flanders Crossing regarding Lights at Flanders
Park. 2. E-mail received March 20, 2005, from Steve Baker regarding Arbitration for Volunteer Organizations. 3. Letter received March 22, 2005, from Denise Gleason regarding Lighting at Flanders Park. 4. E-mail received March 23, 2005, from Morris County Chamber of Commerce regarding questionnaire
how to make the future Legislative Breakfast better. 5. E-mail received March 28, 2005, from Anthony and Colleen Grasso, Flanders regarding no parking on
Victoria Drive. 6. E-mail received March 29, 2005, from Morris County Chamber of Commerce regarding Upcoming
Presentations in the Months of April and May. 7. E-mail received April 6, 2005, from Morris County Chamber of Commerce regarding Breakfast with
Goliath. RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS 8. Ordinance received March 21, 2005, from Allamuchy Township regarding Affordable Housing. 9. Resolution received March 21, 2005, from Township of Hanover regarding Position of Township
Committee in Opposition to Assembly No 193 as Currently Written – Workers’ Compensation Benefits
to Career and Volunteer Firefighters Diagnosed with Cancer. 10. Resolution received March 21, 2005, from Township of Belleville regarding Resolution Objecting to
Federal Government’s Cuts to Community Development Block Grants. 11. Notice received March 21, 2005, from Borough of Stanhope regarding Special Meeting to amend its
12. Resolution received March 24, 2005, from Borough of Lincoln Park regarding legislation that would
bestow more lucrative benefits on members of the Police and Fire Retirement System. 13. Resolution received March 28, 2005, from the Borough of Mount Arlington regarding legislation that
would bestow more lucrative benefits on members of the Police and Fire Retirement System. 14. Notice received March 28, 2005, from Township of Roxbury regarding Re-Examination Report of the
Master Plan and Development Regulations and Master Plan Amendments. 15. Resolution received March 31, 2005, from Borough of Rockaway regarding Continued Support for
Picatinny’s Armaments Research, Development and Engineering Center (ARDEC) 16. Legal Notice received March 31, 2005, from Township of Chester regarding Planning Board Public
Hearing on the reexamination and revision to the Master Plan. 17. Resolution received March 31, 2005, from Towns of Morristown regarding request for tax relief for
municipalities with a disproportionate number of tax exempt properties. 18. Notice received April 4, 2005, from Allamuchy Township Planning Board regarding the amendment of
the Master Plan to include a Municipal Stormwater Master Plan. 19. Legal Notice received April 4, 2005, from Township of Chester regarding adopting an amendment to the
Township Master Plan. 20. Resolution received April 6, 2005, from Borough of Wharton regarding continued support for
Picatinny’s Armaments Research, Development and Engineering Center. DOT / DEP / LOI 21. Letter received March 21, 2005, from Alan Goldstein regarding Lakeview Estates Block 7702, Lots 16,
26, 27,and 28 / requesting waiving of fees. 22. Letter received March 21, 2005, from EcolSciences, Inc. regarding Application for Highlands
Preservation Area Letter of Interpretation Tract 1 – Block 9, Lots 2 and 6.02, Tract 2 – Block 9, Lot 1,
Tract 3 – Block 3, Lots 10 and 10.02 – Township of Washington (located near the intersection of Route
46 East and Reservoir Road. 23. Letter received March 24, 2005, from State of New Jersey, Department of Environmental Protection
regarding Morris Hunt / Toll Brothers Inc., Block 4400, Lots 86 and 108 Mount Olive Township (39
Sovereign Drive, Budd Lake and 152 Flanders – Netcong Road, Budd Lake) 24. Letter received March 28, 2005, from Edward Buzak regarding Morris Chase Block 4400, lot 79 (64
Goldmine Road, Budd Lake) Agency Determination: Highlands Act – Exempt. 25. Letter received March 31, 2005, from State of New Jersey, Department of Environmental Protection
regarding West Morris Regional High School Block 17, Lot 8 Washington Township. Washington
Township Elementary School Block 12, Lot 37 Washington Township. 26. Letter received April 4, 2005, from County of Morris Department of Public Works regarding
Replacement of County Bridge No. 1401-103 on Manor House Road over the South Branch of the
Raritan River in the Township of Mount Olive, NJ. 27. Letter received April 6, 2005, from ETI regarding Request for Letter of Interpretation – Line Verification
Applicant Maroon Abraham Block 3001, Lot 2 (Third Street) 28. Letter received April 8, 2005, from Edward Buzak regarding Toll Brothers, Inc. / Morris Chase Block
4400, Lot 79 (64 Goldmine Road) Agency Determination: Highlands Act – Exempt – Water Quality
Management Plan – Consistent. 29. Highlands Preservation Area Approval Application Checklist / Drainage Design and Storm water
management received April 8, 2005, from State of New Jersey, Department of Environmental Protection
regarding Seneca Highlands. LEAGUE OF MUNICIPALITIES 30. Letter received March 21, 2005, from New Jersey State League of Municipalities regarding League
Labor Relations Seminar / Public Sector Labor Relations for Administrators, Counsel and Council
Members. 31. Letter received March 21, 2005, from New Jersey State League of Municipalities regarding League
Seminar in Cooperation with the Housing & Community Development Network of New Jersey. 32. Letter received March 21, 2005, from New Jersey State League of Municipalities regarding League
Seminar / How to Handle a Defeated School Budget. 33. Letter received March 24, 2005, from Morris County League of Municipalities regarding Smart Growth
Program. 34. Letter received April 8, 2005, from New Jersey State League of Municipalities regarding League
Seminar – Open Public Records Act – An Update on Recent Case Decisions and Current Issues. 35. Letter received April 8, 2005, from New Jersey State League of Municipalities regarding Mayors 2nd
Annual Property Tax Summit: Tax Relief Now or Never. MISCELLANEOUS 36. Letter received March 21, 2005, from New Jersey Office of the Attorney General regarding Mount Olive
Union Cemetery’s 2003 Annual Report & 2005 Annual Meeting. 37. Letter received March 22, 2005, from Morris County Mosquito Extermination Commission regarding
Water Management, Larval Control, and Adult Control. 38. Information received March 24, 2005, from Rutgers regarding One Day Workshop on Problem Solving
Approach to Negotiations and Conflict Resolution. 39. Letter received March 28, 2005, from Coldwell Banker regarding the Auction Division. 40. Letter received April 6, 2005, from Alliance for Action regarding Chamber Meeting on April 22, 2005. 41. Fax received April 6, 2005, from Recorder Newspaper regarding advertising rates (National Volunteer
Week). MUA / MSA 42. Letter received March 21, 2005, from Washington Township Municipal Utilities Authority regarding
Washington Township MUA Wastewater Management Plan Upper Raritan Water Quality Management
Plan. (Amendment to Plans) 43. List of Allocations received April 6, 2005, from Musconetcong Sewerage Authority regarding
participating municipalities in the 3.803 MGD Water Pollution Control Plant. UTITLITES 44. Letter received March 28, 2005, from Comcast regarding update of some specific channels and their
dates of change. LETTERS FROM LEGISLATIVE REPRESENTATIVES 45. E-mail received March 29, 2005, from Christopher Donnelly regarding Codey Signs Law Strengthening
the State Commission of Investigation. 46. E-mail received March 29, 2005, from Christopher Donnelly regarding Topoff 3, The Comprehensive
Mock Terror Exercise being held April 4-8. TORT 47. Letter received March 28, 2005, from Scibal Associates regarding Reservation of Rights Dattolo
Properties, Inc. v. Township of Mount Olive. 48. Tort Claim received March 28, 2005, from Superior Court of New Jersey, Morris County regarding
Gemini Insurance Co. v. Olympvs International. 49. Letter received April 5, 2005, from Cureton Caplan regarding Mount Olive Library Project United
Rentals, Inc. v. Blackstone Group, LLC regarding Municipal Mechanics Lien. President Greenbaum: There are 49 pieces of correspondence on the amended Agenda, does anyone wish to discuss any particular piece of correspondence? Seeing none, we will move on. ORDINANCES FOR PUBLIC HEARING - None President Greenbaum: There are no ordinances for public hearing. ORDINANCES FOR FIRST READING – (2nd reading May 10, 2005) President Greenbaum: There are four ordinances for first reading. The first ordinance for first reading is Ordinance #14-2005, entitled: Ord. #14-2005 An Ordinance of the Township of Mount Olive RE: Driveway Utility and Grading Easement to Lot 75, Block 7000 – Gary Court. President Greenbaum: Ms. Labow, can you please move Ordinance #14-2005. Ms. Labow: I move that Ordinance #14-2005 be introduced by title and passed on first reading, and that a meeting be held on May 10th, 2005 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey for a public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law. Mr. Buell: Second. President Greenbaum: Any discussion? Roll Call. ROLL CALL Passed Unanimously President Greenbaum: The next ordinance is Ordinance #15-2005, entitled: Ord. #15-2005 An Ordinance of the Township of Mt. Olive Prohibiting Parking on Victoria Court. Mr. Mund: I move that Ordinance #15-2005 be introduced by title and passed on first reading, and that a meeting be held on May 10th, 2005 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey for a public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law. Mr. Buell: Second. President Greenbaum: Any discussion? Mr. Mund. Mr. Mund: I thought this was going to be from 6:30 in the morning, before school would commence. President Greenbaum: Yes, it’s to be consistent with the other parking prohibitions. What are the other parking prohibitions in town? Mr. Dorsey: Somebody specifically said 7:00 last week.
Chief Katona: I think the discussion was 7:00. Sitting in the audience, that’s what I heard, and I’m not sure what the others are.
President Greenbaum: What are the other….you don’t know what the others are? Chief Katona: No…do we have a couple? Mr. Rattner: I think it’s 7:00 to 5:00. President Greenbaum: I thought it was 7:00 to 5:00 as well. Chief Katona: It could be, I’m not familiar….I don’t have it off the top of my head. Do we have a code book? Mr. Rattner: No, it wouldn’t be in the code book. They only passed it last year….you know, a lot of them last year. President Greenbaum: My thought would be to move forward with the first reading and we can get that information afterwards. Any other comments? Mr. Buell: Just very quickly, I still think the best way to handle this parking up near the High School is by permit only on all of the streets, but, you know….. President Greenbaum: That’s how Mr. Buell got involved in local government, was parking and traffic flow. Mr. Buell: Absolutely, but I still haven’t gotten the parking. Mr. Perkins: Thank you Mr. President. I’m still opposed to moving the no parking, as I’ve stated before, so of course I’ll be voting no for that ordinance. I still think that our best bet is to work together with the High School and get those children parked in a safe place on school property where they belong. President Greenbaum: I would agree with you on the second part, so…. Mr. Mund: I think we all agree. President Greenbaum: Roll Call. ROLL CALL Passed Unanimously, except Mr. Perkins voted No President Greenbaum: The next ordinance is Ordinance #16-2005, entitled: Ord. #16-2005 An Ordinance of the Township of Mount Olive Establishing Fees to be Charged by the Recreation Department for Programs for the Year 2005. Mr. Rattner: Thank you Mr. President. I move that Ordinance #16-2005 be introduced by title and passed on first reading, and that a meeting be held on May 10th, 2005 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey for a public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law. Mr. Perkins: Second. President Greenbaum: It’s been moved and seconded. Mr. Mund. Mr. Mund: I thought, when we were discussing the budget process and this came up that we did not want to cut the monies that they were going to have in allocation this year, but they were going to take this money and put it into an account so that next year’s budget would not be allocated those additional funds for the Recreation Department, but we do not say anything here about dedicating that type of a process. President Greenbaum: I don’t remember that conversation, Lee. I don’t remember that discussion, but the bottom line is that there’s a certain amount of money, which is going to be dedicated to Recreation and whether or not you take these funds and you specifically earmark them for Recreation, which I’m fine to do, ultimately, and remove the same amount of money from the budgets, that currently go into the budgets, both for field President Greenbaum(cont’d): maintenance and for the cost of the Recreation Department, running the registration and the like, it’s really an irrelevancy.
Mr. Mund: No, but what we were talking about was cutting it this year and we said don’t cut it this year, but establish the funds so that you have them before you need them for next year. President Greenbaum: I don’t remember that discussion. Mr. Rattner. Mr. Rattner: I’m going to vote on it for first hearing….for the first reading, because I think the public hearing is going to be interesting. I spent a lot of time over the weekend gathering my signatures, so I talked to a lot of people, and what I was really surprised at were two different statements that came that nobody from the recreation…..different recreation groups knew anything about this, that they weren’t consulted, they have no idea how it was going to be used or who, what and why, and we’re talking about…I mean, everything was just going to be more open communication and everything else, if you look at 2,000 people that are involved in this, there could have been some communication. That was number one. I got that question after I got hit with the fact “why did the Council propose this”….that it came from, it was a Council proposal. It wasn’t, it was something, I’m not saying it may be right or wrong, but it came as a recommendation from the Administration to try to fill in some gaps, I guess from the Recreation Supervisor, and then we even get a letter from the Recreation Committee saying that they’re opposed to it. So, I really think it should get out there, I mean, when you effect so many different people and if they’re getting something for it, I think the different groups, if they understand what the money is for, it’s dedicated for the right purpose and it’s going to be used for the kids, it gets rolled back in or something, or they understand the costs and what we have to do for the process, but there was a lot of anger out there and I think the big thing was is all of a sudden they read that all of a sudden we’re raising these fees. I also heard numbers all over the place, some people think it’s $5.00, some people think it’s $10.00, somebody told me they heard it could be as high as $60.00. So, I don’t think I know what’s out there. I think this is going to be interesting with this public hearing and I just hope that, you know, that the people who are going to be involved hear it, we can discuss it, and we won’t have the budget approved by then, I guess, now with after the cancellation of the last meeting, so we won’t depend on the money at this point, but I was really upset that nobody that….they swore that they knew absolutely nothing about it, other than when it was discussed and Council decided to push this on them. President Greenbaum: Well, I think that is an accurate description of what happened. I don’t think that the sports clubs were particularly contacted to discuss this. I don’t think that it necessarily…the way that it went forward was, it was necessary to contact the sports group, because the thought was that this was going to be money to offset the cost that the township ultimately has to bear to get the fields ready, to bring in the registrations through the township and that it wasn’t necessarily that this money was going to be rolled back into recreation programs, but simply to offset. It’s a user tax, no different than…..and that’s the way that it was thought of, and whether or not the sports programs have a problem with it, is a separate issue, because I would assume that they do. I assume, me as a person…my kids play soccer and basketball, and I’m going to, as an individual, have to bear the cost, and we’re not asking the soccer club, or the football club, or the lacrosse club to pay money, we’re asking them to….it’s almost like a fuel tax on top of what you pay for gasoline, it’s ultimately going to be passed along to the end user of the product, which was always the thought.. Mr. Rattner: I don’t have a problem with that, but why do we have the Advisory Committees, why do we have these different groups, why do we get together with them and then…they shouldn’t be surprised, this is why we have to do it. It may be because if we want to have enough money to maintain our buildings and grounds, and I’m not saying that it may not be necessary, but we need to understand, not to come back and to have the resentment, we don’t need that. I mean, if it’s a good reason for it, it should’ve been sold, but with something that broad based, that everybody is a surprise, everybody knows that we’re discussing about the property taxes and what we think about that, this is still another tax, and you’re right, the fuel tax….look at the public outcry every time they talk about raising a nickel we can repair more bridges, but we didn’t get it the last time, because people are saying we’re already spending so much money, now’s not the right time to do it. I’m just saying that it was done poorly, let them at least know why do we want, when we have a second reading, if we don’t get the information out, have a couple hundred people here just saying that we’re just taking money out of their pockets. They probably don’t understand it. President Greenbaum: I can appreciate that, Mr. Rattner, and I wish you had raised that issue at the budget hearing when this first came up. The fact that you’re giving us outrage, at this point in time, I find to be a little bit of a show on your part, I find it to be….I’m troubled by the fact that you would raise this at this point, and it seems to me that you’re pandering, to a certain respect, to the groups that are out there, and perhaps someone should have thought about whether or not the group should have been contacted to discuss this, but from my perspective, when this issue was raised and we were looking for ways that we could….so that we wouldn’t have President Greenbaum(cont’d): to pass along tax increases of more significance to groups that didn’t use the services of the township, and we were looking for particular ways that we could pass along, recoup some of the costs of the township, for services that were provided only to limited numbers, this was one of the issues that we looked at. We looked at use of the beach in the same fashion where we’re now charging. Did anyone contact the people who use the beach? No. Is that money necessarily going to go back to some fund to be used for the beach? No. It’s going to be used to offset the cost of the township of maintaining that beach and that’s the same justification that was put in President Greenbaum(cont’d): place for this particular item. Now, if you want to go back and you want to say you know what, sports clubs want to know where this money is going, they want a dedicated fund, I don’t have a problem with that. We’ll dedicate it for the use of the sports organizations and for the use of maintaining the fields and we’ll reduce the budget by the same amount that we put into the funds. Mr. Rattner: I didn’t say anything of that…..all I’m saying is that with all the different committees and everything else that we have, that when something comes to us, I think it was discussed, it was thought out, and at least the recreation committee could get it back in. Yes, it may be very…..it’s very real that if we want to be able to cut the grass twice a week, there’s got to be a certain, you know, a certain way to fund the budget, but just to do it, to come up….the Administration comes up with a proposal, and I’m not saying they shouldn’t come up with the proposals, but just basically doing it……we’ll just add this, add this, add this. All we’re doing, it doesn’t matter what pocket we’re taking it out of, we won’t call this a tax, we’ll call it a user fee; yes, they’re very real and we have to do it. I was just surprised that all the different groups, and the misinformation out there, that’s where it went wrong. It should have been this is why we have to do it and that’s why I was really surprised, it was almost unanimous, it didn’t matter which group. I heard that there was one group, one of the organizations, that there were people jumping up and down, screaming and yelling about what we were doing because they didn’t understand it. President Greenbaum: Well, that’s not the first time. I even heard that last week we discussed taking the concession monies of the sports organizations and using that for the township, which never came up, but that’s the misinformation which is out there. Mr. Rattner: But that’s what it should have gotten back and, if nothing else, the recreation advisory committee….that’s why we’re there. We can’t do it all here, but if a proposal is presented to us, it should have at least been socialized, not being a surprise to a major part of the people who deal with it. It’s no different… you put together a proposal that maybe we have to look at the beach just in total, that was right, it was just let’s have a discussion, everybody knew about it, not just pushed something forward and then all of a sudden everybody coming at us. I’m saying it may be interesting with the public hearing, it’s going to get on. I’m not saying I necessarily disagree with it, but the education wasn’t out there so people understand why we’re doing it and it may be the only way we can keep all the staff on the parks and grounds, and it wasn’t done. President Greenbaum: Colleen I see you, but I’m having too much fun with Mr. Rattner right now. Ms. Labow: Well, stop having so much fun and let’s get on with the meeting. President Greenbaum: Go ahead. Ms. Labow: I, too, had a lot of people come up to me this week and I spoke to probably about 45 people this weekend, maybe 46, probably 30 of them had children, and it gave me a huge pause for concern, the misinformation that was given to these people, and they were from all different sports groups. I spoke to one gentleman who has four boys and all four boys play fall ball, as well as spring ball. All four boys play soccer in the spring and soccer in the fall and two of the boys play basketball. Now, you’re taking four kids, you know, for one sport that’s $20.00, they’re in the same sport fall and spring, that’s $40.00, baseball, then you’re up to $80.00…..it’s a tremendous amount of money. So, he said, is that how it’s going to be and I said my understanding is that’s what they’re talking about right now. I said what were you told, he goes I was told that it’s going to cost me a couple hundred dollars a year for my kids to play sports. I think this issue needs to be looked at a little bit more as far as what we’re doing here. You have a situation like that, this man had a very very valid point. President Greenbaum: Yes, I agree with you, but for all the people who are going to come out, who participate in the sporting groups, there are ten who don’t participate at all, who are now paying for the Recreation Department to run certain aspects of the registration, for the Building and Grounds Department to run the maintenance of the fields for the different organizations, and so, yes, there are going to be people who are going to come out and who are going to say, you know what, it’s expensive. My wife came to me, she said what the hell are you doing? To put my kid in the summer program is going to be unbelievably expensive. I said, I know, but you know what…I can’t pass along these costs to the average taxpayer in Mount Olive who is President Greenbaum(cont’d): not using those services at this point in time, because our tax increase is just way too high for the average homeowner. So, you know what…people who are using the services are going to have to pay a little bit more to get those services, and that’s where the…..in my mind, that’s where this came from. Ms. Labow: Right, I don’t disagree with you on that point, but I….. President Greenbaum: I imagine that the soccer club is going to get up and say…you know what, we don’t take any funds. We don’t take any funds from…..thank you, I see you back there, you already owe me a drink from last week. Ms. Labow: Regardless, Rob, this $5.00 fee needs to have some work, it definitely does. President Greenbaum: I understand that, it needs to have work. Mr. Buell: I think the other issue here is that from the Mayor’s bare-bones budget, which is a stand-alone budget, we have cut almost a million dollars out of this budget, something’s got to give somewhere. I was out on the street also last weekend talking to large numbers of people and I heard taxes, taxes, taxes, taxes….when is it going to stop, and I think that, you know, we could cut….we could add this back in but I think we’re going to have to find someplace else we’ve got to cut. President Greenbaum: Yes. Alright, we’ve had certainly a significant amount of discussion on this ordinance, but we need to decide whether or not we’re going to introduce it for first reading and continue the discussion in, I guess, two weeks. So, if no one else has anything of any real substance, I’m going to ask for a Roll Call. ROLL CALL Passed Unanimously President Greenbaum: The next ordinance for first reading is Ordinance #17-2005, entitled: Ord. #17-2005 An Ordinance of the Township of Mount Olive Authorizing the Modification of Easement for Block 7600, Lots 74 and 86 Granting Easement Rights to the Mount Olive Township Board of Education. Mr. Perkins: I move that Ordinance #17-2005 be introduced by title and passed on first reading, and that a meeting be held on May 10th, 2005 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey for a public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law. Mr. Rattner: Second. President Greenbaum: Any discussion? Roll Call. ROLL CALL Passed Unanimously 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 Mt. Olive Conveying 7,500 Gallons of Sewer Allocation to the Lutheran Social Ministries of New Jersey in the Flanders Treatment Facility. 2. Resolution of the Township Council of the Township of Mt. Olive Waiving the Taping of Executive Sessions.
3. Resolution of the Township Council of the Township of Mt. Olive Waiving Water Connection Fees for Lakeview Estates at Mt. Olive. 4. Resolution of the Township Council of the Township of Mt. Olive Reauthorizing the Expenditure of Funds to Update the Natural Resource Inventory. 5. Resolution of the Township Council of the Township of Mt. Olive Authorizing the Award of a Contract to PCI for Engineering Services Related to the Painting of the Camelot Water Tank. 6. Resolution of the Township Council of the Township of Mt. Olive RE: Mt. Olive Jr. Baseball/Softball Association – Concessionaire Building. 7. Resolution of the Township Council of the Township of Mount Olive of Continued Support for Picatinny’s Armaments Research, Development and Engineering Center (ARDEC) 8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Preliminary and Final Site Plan Approval Between the Township and Waterloo Valley Properties. 9. Resolution of the Township Council of the Township of Mount Olive Opposing the Provisions of New Jersey State Assembly Bill A-2360. 10. Resolution of the Township of Mount Olive Authorizing the Use of a Purchasing Contract. 11. Resolution of the Township Council of the Township of Mt. Olive Authorizing the Mayor to Sign State Aid Applications to be Submitted to NJDOT. 12. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing for Printing Services for 2005-2006. 13. Resolution of the Township Council of the Township of Mount Olive Designating Certain Persons as Notary Publics. 14. Resolution of the Township Council of the Township of Mt. Olive Releasing the Various Performance Guarantees Posted in Connection with the Rockefeller Group. 15. Resolution of the Township Council of the Township of Mount Olive, Morris County (Board of Education Modification of Easement Agreement).* President Greenbaum: Consent Resolutions Agenda. Does anyone wish to have any of the Consent Resolutions removed from the Consent Resolutions Agenda? Mr. Buell: Number one. President Greenbaum: Number one is removed. Any others? Mr. Buell, can you please move the Consent Resolutions 2 through 15. Mr. Buell: I move the Consent Resolutions 2 through 15. Mr. Perkins: Second. President Greenbaum: It’s been moved and seconded. PUBLIC PORTION ON CONSENT RESOLUTIONS President Greenbaum: At this point, I’ll open it up to the public for discussion on the Consent Resolutions Agenda. Mr. McDonald, please take the podium and state your name and address for the record. Ned McDonald, Budd Lake: Consent Resolution number 5….this $33,700…is that the entire bill for painting the tank? Does that include everything? I don’t understand what this is. Mr. Dorsey: No, no, that’s for the engineering services. Mr. McDonald: This is just engineering services, but not actually the work of painting the tank? Mr. Dorsey: That’s right. No, this is the engineering services, I assume, to get bids. Mr. Casey had five proposals and PCI was the lowest of the five proposals. Mr. McDonald: Who is paying for this….all the residents of the town, or just the people that use the water? Mr. Dorsey: It’s being paid from the Water Utility, I assume. Ms. Labow: Yes, it is. Mr. McDonald: So, only the Water Utility will be charged? Mr. Dorsey: That’s right. Mr. McDonald: Okay, thank you. President Greenbaum: Thank you, Mr. McDonald. Anyone else from the public who’d like to comment on the Consent Resolutions Agenda? Yes….it’s on the Consent Resolutions. Okay. Harry Brown, Vice President of Mount Olive Soccer Club: I have some questions regarding…not so much a concession stand going up, I think the sports clubs, in light of everything that’s going on in the township need to be able to generate funds as a fund raising; however, having been the first kid on the block, paid for the construction and the installation of the pad, ahead of the restrooms and everything else, buying a building, putting it up, we paid for it, we maintain it, we insure it, and right now, as far as the IRS is concerned, we are depreciating it, not you, and in this resolution you are stating that you’re going to take over it…the ownership of it. Mr. Dorsey: Are you from….are you baseball and softball? President Greenbaum: No, he’s soccer. Mr. Brown: I’m actually soccer. Mr. Dorsey: Well, this resolution deals with baseball and softball. Mr. Brown: Actually it says…. President Greenbaum: Soccer as well, I believe. Mr. Dorsey: I’m sorry. Mr. Brown: Any building that ends up in Turkey Brook belongs to the town. President Greenbaum: I think that’s a matter of law, that once you put up a public….once you put up a structure on the property, which is owned by another entity, that building becomes the property of the owner where you put the building. It’s a matter of….Mr. Dorsey will comment on it, but that’s basic real estate law. Mr. Brown: I have to explain it to my membership, how something that we’re carrying on our books as an asset, as far as the IRS goes, and depreciating, which we rightfully paid for, because we were approached by the township when the restrooms were being built and they said hey, we got the construction crew here, would you like a concession pad, and we sat down with the current Business Administrator and we forked over the money ourselves and had the hindsight to put that pad in, rough in the plumbing, the electric and everything. Now… we’ve paid for it….now, I’m all for concession stands, but the way this is written, I have to explain it to people and say we don’t own the building anymore. Had you have leased it to us for a $1.00, if you’re worried about the liability, we have better insurance than you do on that building. President Greenbaum: It’s not a question of liability, it’s a question of law. Number one, it’s Green Acres property, you cannot own a building on Green Acres property as a non-profit organization. Number two, it’s public property; when you put up a structure, and you were allowed to do so by the township, whatever you put up, which is affixed to the land, becomes the property of the land owner and Mr. Dorsey will correct me if I’m President Greenbaum(cont’d): wrong, and I see the Mayor nodding his agreement as well. It’s basic land….it’s basic real estate law, as far as I’m concerned. Am I wrong, Mr. Dorsey? Mr. Dorsey: You’re not wrong, but I think you have to read the entire paragraph, too. Upon erection of the building, the township shall own the building, with the Mount Olive Junior Baseball and Softball Association is granted exclusive rights to operate a concession from that building. Mr. Brown: Okay. Mr. Dorsey: I mean the trade off here is you get to use the township property, you build a building, it really becomes part of the township’s real estate, but you get to use it ad infinitum and all the personal property in there is yours, unlike the real property…. Mr. Brown: Well, does this now….this ordinance, as it’s written, now mean that you’re going to maintain the building and not me? Mr. Dorsey: It doesn’t mean that…it doesn’t mean that, it simply means the building…. Mr. Brown: Well, if you’re going to own it, wouldn’t you feel like you have to maintain it? Mr. Dorsey: No, because….I mean, no, the trade off here is the township lets you use township property, property bought with Green Acres funds to erect the building. When, you put that building on township property, it becomes township property, but it lets you…it gives you the exclusive right to use it for the purpose for which you presumably built it in the first place, namely, to use it as a concession stand, and you’re going to use it at infinite item. Mr. Brown: Okay, and as such, we would end up with the exclusive rights, because we’re not named in this, I mean, this is for baseball’s benefit right now. Mr. Dorsey: Well, you’re absolutely right, because it was determined by Casey that no resolution at all was adopted when the soccer club…. Mr. Brown: We met with the Business Administrator at the time. Mr. Dorsey: That may be an oversight, but this doesn’t deal with you. President Greenbaum: Ms. Labow raised the issue last week of whether or not the concession stands should be exclusively used by the group that erected the building, whether it be soccer or baseball, and the majority of Council agreed that it should be an exclusive use, it’s your equipment that’s in there….the equipment that’s in there is not affixed to the land and, therefore, it does not belong to the township. Mr. Brown: Well, technically, the building could be put up on a trailer and be moved the next day…..you know, I mean…. President Greenbaum: That’s different….that is not….believe me, there have been people who have made that argument before the law, you know, if you go back to the Old English….that’s how we learned law in Law School, they go back to these Old English cases and they determine what is affixed to the land and those structures are affixed to the land. So, the township will own the building, the soccer, baseball, football will have… as far as everyone was concerned up here, other than Ms. Labow, the exclusive use of those buildings, however the thought was that if there were another group that wanted to use the concession stands, that they could reach agreement with one of the sporting organizations for use of the building in some fashion, whether it be by some fee paid or whether or not you guys would man the building and however that was done, but everyone….except for Ms. Labow, I think all of us were in agreement as to the exclusivity. No one is looking to take that away from you. Colleen. Ms. Labow: I just want to clarify what my concern was. I belonged to the Parent’s Club at the High School for the past ten years and the concession stand at the High School was the “property of the Parent’s Club” and there was a group in there in the beginning and they wouldn’t let anybody but the Parent’s Club use the concession stand at the football field. That was our only fund raiser. We owned everything inside, we didn’t own the building, but we owned everything inside. Many many groups wanted to come and use it, the band wanted to use it, various groups. Finally after a couple of years of bickering back and forth, we did start letting other groups use it, because it didn’t seem fair to have a concession stand that nobody else could use when you had Ms. Labow(cont’d): other functions, and we did an inspection process where people would come in prior to make sure that our equipment was there, so-on, so-forth, it was under the understanding that if they broke our coffee pots, broke our stove, whatever, that they would reimburse us and then we would go inspect afterwards. That was my concern, if you have an exclusive right to it, what if another group comes in or has a function, would they or wouldn’t they not be able to use the property. It’s all just in a matter of fairness, and I understand, it would be your equipment, so I don’t….that was my only thing. Mr. Brown: It was a significant investment. Ms. Labow: Absolutely, so my…..I know, we did too, so I understand, I went through it for ten years and I’m going on my eleventh year, but it’s worked out well, we haven’t had anything broken and other groups have been able to use it and use it to make money. Mr. Brown: Is there a problem, gentlemen? President Greenbaum: No, we’re just…..yes, there is a problem and you raised it. What town do you live in? Mr. Brown: Hackettstown, thank you. Well, my final question is….then, is the soccer club going to be grandfathered in onto this statement with the same protections, with the exclusive rights? Mr. Dorsey: It was proposed by…I think last week Mr. Casey kind of admitted that when the soccer club, and I think the football association did it, there was a failure to adopt any resolution. I think the consensus was that the same resolution would be adopted for the concession stand erected by the soccer league and by the football association. Mr. Brown: Will it be specified in this document or in a document? Mr. Dorsey: Well, if we’re all in agreement, the answer is yes…. Mr. Buell: Can we modify it tonight..amend it? Mr. Dorsey: In other words, the baseball and softball association would come out and the soccer….. Mr. Brown: I don’t want to wake up tomorrow and find another group moved into the building. Mr. Dorsey: No, that’s not going to happen. Mr. Brown: Because I’m not protected on a piece of paper. Mr. Dorsey: Come on now, that’s not going to happen. Mr. Brown: Well, I’ll probably read about it somewhere else first, but I mean it could happen. Mr. Dorsey: Excuse me, no, excuse me…. President Greenbaum: You’re probably the one who’s going to write it. Mr. Dorsey: Wait a minute, I think the intent of the Administrator is to offer a resolution for the soccer club, the same as that resolution, just taking out the wording of the baseball association and putting in the soccer association. President Greenbaum: It was always my thought that it was originally going to include the soccer organization last week when the issue was raised. Mr. Dorsey: No, they get a separate resolution, same format. President Greenbaum: Then the answer is there will be a separate resolution with respect to your exclusivity of use of that building. Mr. Mund: As well as the football. Mr. Brown: Fair enough. Ms. Labow: No but, what about the football, are they going to put one in too? Mr. Dorsey: Maybe a separate one for football. Art Adams, 5 Beaver Lane, Flanders: I’m going to address that right now. This is actually not Mount Olive baseball and softball, it’s football as well. Ms. Labow: Okay. President Greenbaum: Yes, thank you very much. Mr. Adams: I’m not as nasty as him. I’m the President of Mount Olive Junior Baseball and Softball. Rob Hall, who is the President of the Football League is in the back also. I think the reason this was listed as Mount Olive Baseball and Softball, is because we were the ones that submitted the permits. Mr. Dorsey: That’s right, you’re the one that was on the Board or in the focus of the Administrator last week. Mr. Adams: Yes. My question to you now is that this is a joint venture with us and the Jr. Marauders. It’s an obvious match because our seasons don’t clash, so…when we’re not in there, they’re going to use it, so it’s going to be used pretty much year round. I think my question is very simple, do we need to amend the ordinance or resolution to…. Mr. Dorsey: So wait a minute, are you telling me that this concession stand is baseball and football association? Mr. Adams: That’s what I’m telling you. Mr. Dorsey: Alright then I would…. Mr. Adams: We’re actually working together. Mr. Dorsey: Alright, the Administrator, you know that last week, it would be my suggestion that we simply change the resolution, or add to the resolution where it says Mount Olive Baseball and Softball, we say and the Mount Olive Marauders…is that how it’s referred to? Mr. Adams: Mount Olive Jr. Football Marauders, is that it? From the audience: If you don’t know…. Mr. Adams: My son only plays in it and I coach it, but I don’t know. From the audience: Jr. Marauder Football. Mr. Buell: Hey, as long as we’re amending it, why don’t we put the soccer…. Mr. Dorsey: No, because this is a separate building. Mr. Buell: Okay. President Greenbaum: We’ll do a separate resolution on that. So, the amendment has been offered. Mr. Buell, you moved the Consent Resolutions, do you accept the amendment to number six? Mr. Buell: I accept the amendment. President Greenbaum: It was seconded by whom? Mrs. Lashway: Ray. President Greenbaum: Ray, you were the seconder, do you accept the amendment? Mr. Perkins: Yes, I do. President Greenbaum: Okay, then it is….vote, all in favor of the amendment? All in favor, none opposed President Greenbaum: So, the amendment carries. Any other comments from the audience on the Consent Resolutions Agenda? Judith Hirky, 48 Lozier Road, Environmental Commission: I’m not here to give you a hard time. I’m here to say please, I urge you to put through the natural resource inventory….the grant for the natural inventory. That’s all. Do you want me to give any reasons? President Greenbaum: Okay, thank you. Mrs. Hirky: Number 4, I lost it myself. Number 4, I strongly urge that you pass this, it’s going to be terribly important, in particular when the Highlands Council gets rolling, they’re going to come to us and we are the only ones who will know where everything is. Thank you. President Greenbaum: Thank you very much. Anyone else from the audience? Mr. Dorsey: Excuse me, I want to know, I want to know, is it….could it also be the Mount Olive Marauders Junior Association? President Greenbaum: Junior Marauders. Mrs. Lashway: Mount Olive Junior Marauders Football Association. Ms. Labow: While Mr. Dorsey is going to be preparing the one for the baseball, is their building the same size, 22 by 24, is everything identical? President Greenbaum: It’s one building. Mr. Mund: They’re sharing the same building. Ms. Labow: No, no, no, I’m sorry, I didn’t mean baseball, I meant soccer. Is your building the same size? Mr. Brown: No, our structure is 12 by 30. President Greenbaum: Let the record reflect that it’s 12 by 30, the soccer building. Yes, it’s just that the microphone may not have picked up….12 by 30. Ms. Labow: Is that the only other change that was needed in the other one? COUNCIL COMMENTS ON CONSENT RESOLUTIONS President Greenbaum: Yes. Any Council Comments? Seeing none, Roll Call. ROLL CALL Passed Unanimously, except Mr. Rattner voted No on #2 RESOLUTIONS NON CONSENT President Greenbaum: Mr. Buell, do you want to move Consent Resolution number 1. 1. Resolution of the Township Council of the Township of Mt. Olive Conveying 7,500 Gallons of Sewer Allocation to the Lutheran Social Ministries of New Jersey in the Flanders Treatment Facility. Mr. Buell: I move Consent Resolution number 1. Ms. Labow: Second. PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS President Greenbaum: Is there any discussion from the audience with respect to Resolution #1? Seeing none, I’ll close it to the public. COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS President Greenbaum: Mr. Buell, did you have an issue? Mr. Buell: Yes, just one question. We’ve also been asked for the waiver of the connection fees as well. I just wanted to know how much that was going to be. Mr. Dorsey: Well wait, so everybody knows. Ed Katona, tonight, showed to me the, the first time, an e-mail that came in apparently from Lutheran Social asking for a reduced fee for their connection to the sanitary sewer system. They don’t state what their request is in terms of a reduction. Previously, last week, there was before us a letter saying that they were accepting the number of $57,000. So, I suspect the right thing is not to take any action on this tonight, because I don’t know what the reduced fee is that they request, but…. Ms. Labow: We got a letter asking them to….. Mr. Buell: That was precisely…that was my question, is what was that going to be and how was it…. Mr. Dorsey: I don’t know. I don’t know what they anticipate, because Ed has the e-mail, the e-mail doesn’t say….. Ms. Labow: We got a letter asking to have it waived. Mr. Rattner: Was that the e-mail of the 5th? Mr. Dorsey: It just said reduced, it didn’t say waived, Ed. President Greenbaum: Excuse me, hold on, hold on, hold on, we have six people talking at the same time. Chief, what is it that you understand is the current proposal from the Lutheran Ministries with respect to the sewer fees? Chief Katona: I don’t understand anything. I have before me two…. Mr. Dorsey: No, Chief, you have an e-mail which says that now they’re asking for a reduced fee, but they don’t say what the reduced fee was. Last week, Mr. Casey presented a letter to Tim Quinn, in which they were accepting the full freight, $57,000, which is what is in the resolution. So, I suspect you should take no action on this resolution until the Administrator can establish what it is they really need or want. Mr. Rattner: Mr. Casey did respond to that e-mail, we received it on the 6th. He’s saying that the connection fees are…..part of construction grants and aid and, therefore, would be paid by the Federal grant, and so if it’s going to be paid for the grant, why should we put the pressure on only the users…remember, if we waive these fees, the only people who pay are the people who use the Cloverhill Sewer System, it’s not where the town is giving them a discount, it’s those very specific sewer users and Mr. Casey says that they’re going to get it…probably reimbursed anyway. President Greenbaum: Yes, I’m not inclined to grant a reduction. Mr. Rattner: You know, we could always go after, let’s give it to them. President Greenbaum: The sewer allocation is available. Chief Katona: Okay. Mr. Dorsey: Well maybe adopt a resolution as it stands. President Greenbaum: Yes. Mr. Perkins: Exactly. Mr. Dorsey: I thought you were all generous tonight. Mr. Perkins: No. President Greenbaum: We’re taking buildings left and right, you thought we were generous? Mr. Perkins: We’re stealing sheds, for God’s sake. Mr. Buell: Now wait a minute, all the resolution does is grant the 7,500, it doesn’t say anything about the waiving of these fees. Mr. Mund: No, it says we’re getting the fees. Mr. Perkins: No, it says we’re going to get the fees. Mr. Rattner: We can always waive them later. Mr. Dorsey: It says $57,000….the resolution that was drawn, which is listed as number 1, which you took off of Consent, says they’re being granted the allocation and they’re paying $57,000 in fees and if Mr. Rattner correctly interprets Mr. Casey’s memo, it is not to give any reduction on the basis he feels that the full freight will be reimbursed through their Federal grant. Whether it’s true or not, I don’t know. President Greenbaum: Based upon Mr. Casey’s memo, I’m prepared to move forward with this resolution. Mr. Perkins: Definitely. President Greenbaum: Okay, Roll Call. ROLL CALL Passed Unanimously, except Mr. Mund absent from vote 16. Land Sale Mr. Dorsey: The Clerk mentions we had one other resolution. As you know, at 7:15 tonight, before Ms. Labow got here, we had rigorous bidding on the sale of two lots. We are simply going to confirm the sale. Here’s….I’ll just read it….Now, therefore, be it resolved by the Township Council that it does, hereby, confirm the sale of Lot 7, Block 2507 to Carol and Kenneth Jenkins for $6,000 which was the minimum bid, and the sale of Lot 5, Block 2301 to Tom Menzel for $17,100 subject to all the terms and conditions of the notice. I just want to tell you that I had the distinct feeling that Mr. Menzel does not….did not realize tonight that these lots must merge with his adjoining lot, but I intend to write everybody tomorrow and tell them that, but that is the result of the sale tonight so we can confirm these sales tonight. President Greenbaum: Is there a motion to approve? Mr. Buell: So moved. Mr. Perkins: Second. President Greenbaum: Discussion? Anyone from the public? Seeing none from the public, Roll Call. ROLL CALL Passed Unanimously MOTIONS
1. Approval of Peddler’s Permits for Anthony Lang, Iuri Cunha and Joy Sparandera. President Greenbaum: Motions, Ms. Labow will you move the peddler’s permits please. Ms. Labow: I move Motion #1 for approval of Peddler’s Permit for Anthony Lang, Iuri Cunha and Joy Sparandera. Mr. Buell: Second. President Greenbaum: Discussion? Roll Call. ROLL CALL Passed Unanimously 2. Approval of a Taxi License for Richard Sexton. Mr. Mund: Motion to approve the approval of a Taxi License for Richard Sexton. Mr. Perkins: Second. President Greenbaum: Discussion? Ms. Labow: I have a quick discussion….I think it’s great we’re going to have a taxi service in Mount Olive. President Greenbaum: Any other discussion? Roll Call. ROLL CALL Passed Unanimously 3. Approval of Raffle Application #2079 for the Budd Lake Vol. Fire Co. #1. Mr. Rattner: Thank you Mr. President. I move for Raffle Application #2079 for the Budd Lake Volunteer Fire Department #1. Mr. Mund: Second. President Greenbaum: Discussion? Roll Call. ROLL CALL Passed Unanimously President Greenbaum: Mr. Perkins, the Bill List. 4. Bill List. Mr. Perkins: Thank you Mr. President. I move for approval of the Bill List pages 1 through 27. Mr. Rattner: Second. President Greenbaum: Discussion? Mr. Buell. Mr. Buell: Sherry, I questioned you earlier in terms of the cordless headsets, which we now have, I understand, six of in the town. Is there any justification for these cordless headsets? They seem to be growing like topsy. I know you have two in your department, there’s two in the Health Department and two in Administration. Ms. Jenkins: I can’t speak about the other departments, I know why we got them in my department, specifically for the two people they were purchased for. One is the Assistant Tax Collector, the other is the Accounts Payable Clerk, and because of the type of information that they have to look up, it’s convenient for them to have the headset, they can walk around with it, take phone calls, look up purchase orders while they’re in the vault. It facilitates the way that they do their job. Mr. Buell: Mr. Katona, could I ask the Administration if they could justify the other four headsets or cordless headset systems that are being purchased? Chief Katona: Not for tonight, but yes I could get you an answer as a follow up. I would assume the answer would be similar by…it frees up, it’s a hands free operation, it allows movement of the individuals from their work station to files or even a counter to wait on people as they come in, and being there, they could answer the phone while they’re speaking to someone at the counter, but I’ll find out specifically from those departments….directors what the needs are. Mr. Buell: Okay, thank you. President Greenbaum: Jim, what page is that on? Mr. Buell: It’s check….I didn’t look at the invoice, it’s invoice #0531904. President Greenbaum: Do you know…what was the total cost of those six head sets? Mr. Buell: Well, of the two that were just bought, was $452 and I’m assuming the other four are probably another $800 or $900, so it’s not something that I want to hold up, obviously it’s been spent, so I just would like a justification. President Greenbaum: It seems to me to be a waste of tax dollars. Any other discussion? Roll Call. ROLL CALL Passed Unanimously, except President Greenbaum voted yes, except for the purchase of the very expensive head phones Mr. Buell: Can I amend my vote? I would like to vote no on the very expensive head phones also. Ms. Labow: Yes, can we have a do over? President Greenbaum: No, it’s already done. Mr. Buell: The only problem is they’re already purchased. President Greenbaum: Yes, I understand. ADMINISTRATIVE MATTERS President Greenbaum: Administrative Matters. Chief, any additional Administrative matters? Chief Katona: Just one, there was a question at the last meeting about status in Sanitation manpower. Has anyone received something from….forwarded from Mr. Casey directly? Mr. Rattner: I believe we got something about a week ago, yes. Chief Katona: Okay. Mr. Rattner: It was very well detailed, it was the way I expected to come out to show the efficiency of the department has been increasing due to the number of pick-ups over the last eight years. Chief Katona: The number of pick-ups have increased and the number of the workforce has slightly decreased. Mr. Rattner: That’s what I mean about the efficiency. President Greenbaum: Are there any other Administrative matters? Chief Katona: No. OLD BUSINESS Status of Mount Olive Child Care & Learning Center Negotiations President Greenbaum: No, that’s it. Old Business – Status of Mount Olive Child Care & Learning Center Negotiations. Please let the record reflect that Mr. Rattner is stepping down on this issue. Mr. Rattner: Well, are we going to talk about it, or is it just going to pass. Chief Katona: No report. Mr. Rattner: Okay, I don’t have to leave. Ms. Labow: Oh, I know a little something about it, but we’ll wait until they come. Mr. Perkins: Thank you. Handicapped Parking @ Library President Greenbaum: The next item is the Handicapped Parking Issue at the Library. Chief Katona: No report. Ms. Labow: I would like to point out that we received from the Senior Citizens of Mount Olive Township Association Inc. went around….I believe Mrs. Hirky, which I thank you very much, this is an excellent job. She took pictures of the Randolph Library, the Chester Library….well, I’ll start….Randolph has automatic doors, handicap very close to the door, all level, short distance; and then the Chester has automatic doors, short distance to the front entrance, all level. She took pictures of all of these. Washington Township has automatic doors, handicap to the right of front entrance, all level. For Jefferson they have regular doors, handicap to the right and back of the front entrance, level walk to the front. Roxbury has automatic doors, front and back, handicap parking in rear, plenty of parking, also in front, close to door, all level. I would like to see the same sort of service for our handicap and our senior citizens here in Mount Olive and we certainly have the space to do it, and I hope that the Library will come up with their plans and we will have handicap parking right next to the doors. Mr. Buell: I second that. Mr. Mund: Here, here. Judith Hirky, Lozier Road, Budd Lake: Just to bring you up, a little bit, to date. After Mr. Casey was instructed to notify the Library to put in handicap parking that was acceptable, I went to the meeting following that, and the architect was there and he knew absolutely nothing about it. All he could talk about was the ADA regulations. So, a month went by and now he’s told to come up with some plans. Another month has gone by, I mean, this was supposed to be put through quickly. It’s been two, two and a half, close to three months. I called Mrs. Hilbert the other day and I was told that the architect will be coming up tomorrow and he’s going to bring some proposals or suggestions, and it looks to me as if this is going to be….well, we have to have a discussion and then next month we’ll meet again, and we’re going to have more discussion, and the following month….and it looks to me as if this whole thing is going to be pushed off and pushed off. I don’t know why, it’s going to be done, you have said it will be done, and I know it will be done, it’s just…I think the Library Board should be pushed a little bit, and it’s up to you people to do it. You know, what they’re doing is really not acceptable. As I said, it’s got to be done, it’s going to be done, so make them do it. I have had many people come up to me and they come up with even more things than I have thought of that are not good, and I’m not even going into that now, okay. They want to see it done, they want to see it done now, one of the things that someone said to me last night was, do you know what your problem is, Judy? You’re too nice. You have to holler and you have to get pushier, I don’t want to do that. Don’t make me do it. Let’s get that Library Committee to get the problem solved. Many people are disserved and they don’t deserve it. There’s money in the budget, in the Library budget, it won’t come out of the taxpayers as a whole. One correction, Colleen, those marvelous pictures and going around to six different libraries, were Judy Godvin. Ms. Labow: Oh, thank you Judy. Mrs. Hirky: Judy did it. We were going to do it together and all of a sudden she had done it all by herself. So, I want to thank her publicly. So, there will be a meeting of the Library Committee tomorrow night and I will be there and I hope that…..oh, one of the things that I was thinking was rather than make things on a monthly basis, if they come up with something and it has to be a discussion, could we sort of push them, you know, maybe two weeks and have a meeting….there won’t be that many special meetings, and I know it’s asking a lot for someone to come out to an extra meeting, but if we could rush this up….I’m out of books, I’m going out of my mind…. Ms. Labow: I would like to ask the Mayor a question on this. I haven’t actually heard from the Mayor regarding this handicap parking at the Library, but at several Planning Board meetings that I’ve been at, and Mr. Hashemi reminds me, just seeing Mr. Hashemi here tonight, that at one Planning Board meeting, when he came up for his proposal for his hotel on Route 46, the Mayor was very adamant about handicap parking and he was concerned about the parking on the side, that there should be a camera installed, since it wasn’t going to be in the front of the building. The old Lucent Technologies building in the ITC, the Mayor was very concerned about handicap parking being placed right next to the entrance. Time and time again I’ve heard him, at the Planning Board meetings, be very adamant in making sure that handicap is as close to the building as possible, but I have not heard from the Mayor what his opinion is on this handicap parking. I was wondering if you could share your views with us? President Greenbaum: Mayor, do you wish to respond?
Mayor De La Roche: Sure, why not. Obviously, as Ms. Labow has correctly pointed out, I’m all in favor of the handicap having the most accessible spots to any business or any organization or any building. We all have basically handicapped people in our families and we all understand how it works. I think that in regards to this particular building, first of all we have to understand that this is not a Library Committee, this is the Library Board, they’re an autonomous body, and then we have to add to that the fact that the pictures that you display also have different topography. Our Library is built on a hill as opposed to those which are on flat land, so those things have to be considered. As to whether there could be parking, I’m all for putting it as close as you can, I mean, I don’t think anybody is opposed to that, but the problem here is, of course, that there’s a fire zone and I’m sure that the architect would be able to work it out. I believe the original statement by Judy was the fact that, I think that the architect might have been there the first time prior to this issue being raised, or maybe not…no he was there….he was brought in for that specific reason, why he didn’t have an answer, I have no idea, but in any event, the topography is different. I’m all in favor of the automatic doors, I don’t see why that should be delayed at all, to tell you the truth, but as to the parking right on a flat level, that’s going to take some doing in order to put it on that level, because it is built on a hill, as opposed to all those pictures which are all on level flat land. Ms. Labow: Thank you, Mayor. Mayor De La Roche: You’re welcome. President Greenbaum: Thank you. Mr. Jones. Dave Jones, Route 46, Budd Lake: I’m all in support of the parking right next to the doors, but I don’t know how acceptable that is to the rest of the trustees on the Board. So, I would ask that, since the township owns the building, or will own the building, that the township intercede or, you know, before they hand out a CO or the Administration hands out a CO to the Library, that those parking spaces be put in by the Library and put in up front near the doors. This has become known in the community, somewhat, as Rita’s palace, okay. A lot of the community is upset as far as the functionality of the Library. It looks great and some of the community is upset, it didn’t have to look like the Taj Mahal, and from my understanding, from what my earlier understanding was, Rita didn’t want the cars parked up front in front of her beautiful building, and that’s how I understand it. That’s all I have to say. President Greenbaum: Thank you. What’s Council’s pleasure in terms of….Mayor, did you have something more? Mayor De La Roche: I just wanted to respond to the palace remark. The building is built to the specifications. The Library Board, of which Mr. Jones is a member, knows that they’re required to build it, not for today’s population, but for ten years out. So, obviously, at this particular juncture, it does look very large, I guess, to some people, and then if you add to that the fact that the population is going to grow, we don’t want to start adding pieces onto the building, and the State requires that it be geared towards a ten year out development So, that’s why it seems large at this juncture, but I don’t think it has anything necessarily to do with Rita Hilbert or her personal desires. President Greenbaum: No. You know what, we’re going to close discussion, this isn’t public comment, you’ll have a chance to make a public comment, I don’t want to go back and forth. I can tell you…. Mr. Jones: Did he say anything about size? President Greenbaum: It doesn’t matter, it doesn’t matter. We’re getting bogged down in discussion which is not going to resolve the issue. Do we still owe money with respect to the construction of the Library? Ms. Jenkins: Yes we do. President Greenbaum: Are we going to see another bill from Blackstone? Ms. Jenkins: I would imagine that we would, I know what’s left, so we would have to. President Greenbaum: I think we will. I can tell you that I will not personally vote for another….to pay another bill until the Library Board comes with a plan to resolve the handicap parking. I don’t know how the President Greenbaum(cont’d): rest of you feel, but….that message should get back to the Library Board. I don’t say that they need to resolve it, but they need to come with a plan to resolve it. Judy, did you hear that? That’s the best that I can do at this point. NEW BUSINESS President Greenbaum: Okay, next issue….New Business. Any….Mr. Rattner. Mr. Rattner: You know, what you just said, I think we would have a problem if we withheld the…to a contractor who’s done the work and been certified as complete; however, don’t we give the Library Board a contribution every month, and there’s probably no statutory requirement on how much we give each month. So, I think what you would do, and I think we could….going on your train of thought, so we don’t get in trouble with the contractor, and I see a contractor in the back that probably says yes, you have to pay the workers….that we hold up their contribution, and I think that would get their attention a lot more quickly. President Greenbaum: That sounds reasonable to me. Did I mention how smart you are, Mr. Rattner? Ms. Labow: Oh, who’s pandering now? Mr. Rattner: Yes, after…..I didn’t bring a grandstand…. President Greenbaum: I pander and grandstand where appropriate. Good, that’s the message that should get back, that Council is considering withholding or delaying the contribution until this issue is resolved. Ms. Labow: Shall I bring that up tomorrow? Mr. Perkins: Well, that would be a good…. President Greenbaum: That would be a good time. Mr. Rattner: That would seal my vote. President Greenbaum: Even though, even though, even though…Mr. Rattner we did not discuss this first with all the people who use the Library. Any other New Business? LEGAL MATTERS President Greenbaum: Legal Matters. Mr. Dorsey: I would just say that we argued the appeal taken by Interverse from the favorable decision which we received in the Superior Court, yesterday before the Appellate Division and I think we were favorably received and we are in the process of preparing our response to Interverse’s demand for reimbursement of costs of $288,000 in connection with the condemnation action. We think that we should be able to cut that – close to half, primarily because what they tried to do is include in their costs related to condemnation about $150,000 in bills that related to the zoning decision, which of course they lost, the zoning case which they lost. That’s all. President Greenbaum: Any other legal matters? Mr. Dorsey: No. COUNCIL REPORTS President Greenbaum: Council Reports.
Library Board Liaison Report
Ms. Labow: We meet tomorrow night.
Recreation Liaison Report
Mr. Mund: No report, I missed the meeting because I was still sick.
Planning Board Report
Ms. Labow: The Planning Board meets Thursday, however, I will say that we do have…for the commercial vehicle, ordinance sub-committee meeting, we are going to meet again on Friday and hopefully come to a determination on that, which we’ll bring back to Council, and also on Friday the big box structure definition is scheduled for the sub-committee and hopefully we’ll be hearing from that sometime early next week on what the decision comes out with.
Board of Adjustment Liaison Report
Mr. Perkins: Nothing to report, Mr. President.
Open Space Committee Report - Mr. Guenther’s not here.
Legislative Committee Report
Mr. Mund: Nothing to report.
Pride Committee Liaison Report
Mr. Perkins: Thank you, Mr. President. I’m assuming everyone, hopefully, has seen the new billboard that has gone up, some spring cleaning has been done around some of the planters. I have spoken with Mr. Quinn for the Welcome to Mount Olive sign that was knocked down, that should be replaced shortly, that is being paid for by the party that ran into it and knocked it down. We’ll be getting ready, now they’re working on the Memorial Day Parade for the Essay Contest which is run every year, as well as getting some of the handouts and all ready and just waiting on the approval of the budget. That’s it, Mr. President.
Ms. Labow: Mr. Perkins….Mr. Greenbaum, may I ask Mr. Perkins a question about Pride Committee?
President Greenbaum: Of course.
Ms. Labow: Thank you. Last year we had talked about possibly for the essay, we usually have it for the students, and we talked about possibly having it for our senior citizens or our adult community, and did they talk about that for this year? I thought it would be an interesting concept having what it means to the adult community as well as the children.
President Greenbaum: What, to live in Mount Olive?
Ms. Labow: No.
Mr. Perkins: No.
President Greenbaum: To park far away from the Library and to have difficulty getting into the building.
Mr. Perkins: That has not been, as of yet, discussed, Ms. Labow. What I can tell you is that the original idea for the essay contest was brought up by Mrs. Linda Sohl, and with the youth in the township seeing that day as pretty much just a party day and a day that nobody has to go to school, and there’s great shopping at the mall, and they can hang out with their friends, at a time when our nation was approaching some pretty drastic times, Iraq, you know, Desert Storm was coming up, it seemed most appropriate, I think, any of us that are approaching the senior years and some of those who are there already, we already know what Memorial Day means, so the spur of the essay is to try to reward these children for taking the time to look back into it. We would love to see some mentoring, obviously, from some of the seniors around that could maybe impart some of their expertise and some of their knowledge and wisdom of, you know, what it stood for, when it was Armistice Day and where it all came from. That would be great, but no one has actually brought that up. I will bring it up to the chair, though, and have her put that on discussion.
Ms. Labow: Yes, because the idea is to have, you know, one generation versus another, because it is, like, it’s a vast difference. The other question I wanted to ask is what about that brown building on Route 46? The last thing I heard about was that they were waiting for some permits from the DEP for the demolition that they had to get, and they were given an extension. Did they talk about that?
Mr. Perkins: No, that’s in the hands of the Zoning Office.
Mr. Rattner: What’s the brown building?
Mr. Perkins: It’s the dilapidated one next to the old….on the entrance up to Lakeview Estates, the old barn.
Ms. Labow: The dilapidated one. They were getting ready to have it demolished a few months ago, and then they found out, because of the Highlands, they had to go and get special permits after all this time, so it was delayed.
Mr. Perkins: There was some question…..Yes, that’s still in the Zoning.
Board of Education Liaison Report
Mr. Buell: They had a meeting last night. They urge everybody who is a Mount Olive citizen to get out and vote on the 19th, which is their election.
Ms. Labow: Do you have to admit that you’re a Mount Olive citizen?
Mr. Buell: Well, absolutely.
Mr. Mund: You have to be a registered voter.
Mr. Buell: The majority….the bids for the High School renovation project are out, expect to be back on the 28th and awarded on May 2nd, I think, at this point in time. One issue, which we discussed earlier, but I would like to discuss it a little bit more, is the effect of Russ Browns resignation was discussed at some length by both the architect, by Turner Construction, and by the members of the Board of Education. The potential effects of this, in terms of delay of the School and immense increases in cost to the renovation to the High School, is…. could be potentially enormous. I’m just…I hope that the Administration moves with all alacrity to move to find a replacement for Mr. Brown, and also to move to make the arrangements to make sure that Mr. Brown is able to review the…or do the code review on the plans.
Lake/Environment Issues Committee
Mr. Rattner: Thank you Mr. President. Zoning officials were out making friends in the last couple weeks, following the laws that this past Council have passed, and the issue that came up is, being a lake community, we probably have between fifty and a hundred people in town who own boats of different sizes, shapes, powered, un-powered, mostly on trailers. That’s how they get them in and out of the water, and in the off-season, they put them on their property, front yard, back yard, side yard, almost any place. The issue comes up is we have an ordinance saying you can’t park any motor vehicle trailer on an unpaved area. So, people who put them in the back yard, side yard, side of the house, hidden away, have all gotten summonses in the last couple of days. That’s what the law says, so….
Ms. Labow: A summons or a notice?
Mr. Rattner: They told me summons, I didn’t look at any, but anyway, I think we have to schedule that and find out, we know why we’re doing it, we know don’t want eyesores. I remember why we don’t want motor vehicles or other type of things parked on grass, because it becomes mud and when it becomes and when it comes out…., but I don think being a lake community and people live around the lake pull their boat out of the water and put it someplace, maybe we should listen and try to come up with something that makes sense, try to say it could be quarry processed, put down some patio blocks so that everything is not on their, it’s not something that’s moved, but it was an issue that came up and I would imagine a lot of people….because I got more than one person who told me that they got a visit.
Ms. Labow: Mr. Greenbaum.
President Greenbaum: Yes, Ms. Labow.
Ms. Labow: Since the commercial vehicle one we decided was a Planning issue, should I bring this up Friday, when we’re talking about the commercial….bring it up to the Planning Board possibly Thursday night? Is that where we want to handle it, or do we want to handle it here? It’s like a similar thing.
President Greenbaum: We would like to hear what the Planning Board has to say, that’s a good item. It should be….it might be the same committee that’s looking at the commercial vehicle.
Ms. Labow: Yes, absolutely.
Mr. Rattner: I do want to say that the Zoning officials were following a code book, and that’s what they’re supposed to do, so if we have an issue with it, we have to address it here, not there.
Safety Committee Liaison – Mr. Guenther is not here.
Finance Committee Report
Mr. Rattner: The only thing to report is that your suggestion…we’re setting up a meeting with the Finance Committee and the Administration, it looks like it’s probably going to happen early next week.
President Greenbaum: Okay, so we’ll have a report….I’d like to have a report and I’ll schedule budget discussion for the next workshop so that we can finalized the budget in May, okay.
President Greenbaum: At this point, I’ll open it up to the public for anyone who wishes to speak on any subject. Sir, please state your name and address for the record when you get up to the podium.
Earl Robinson, I live at 181 Flanders-Netcong Road: I’ve been a resident of this fair town for 38 years and I think you know what I’m here for. No action has been taken in reference to the ditch on Drakesdale Road, that is found….we found out was illegal. The County is draining water on my property, on 179 Flanders-Netcong Road, 185 Flanders-Netcong Road, 189 Flanders-Netcong Road, we’re getting tired of this water in our back yards and flowing out to Flanders-Netcong Road. Also, we’re having problems with the United Presbyterian Church on Drakesdale Road. They are draining their water in our back yards, so we have to have something done. Now, the last time I was here, the township was going to get together with the County and come up with a plan to redesign this drainage ditch. So, I’m asking – has anybody done that?
President Greenbaum: Steve, are you on….when was this issue last raised?
Mr. Rattner: Well, I’ve been to his house, I watched the water percolate up over the last few years. I believe about a year ago it came up, that’s when Tim Quinn said…because he’s the one who, I believe, told you he believed that it was a….you know, the County did some work without a proper permit and that was causing the drainage. After that, I took it on my own, when I was in Morristown, and sat down with the County Engineer and where he wouldn’t admit that Tim was right, he said that they have to look at it and do some remediation on it and that Tim and the Engineering Department, at that time, were talking. I haven’t followed it up after that, however, the County did say that they recognized their responsibility in it and what the improvement, when they pave the road and make some of the those other changes, they did put more water. I mean, that’s separate from the church, and he was following up and, I guess, that had to be at least eight or nine months ago. I asked that the Acting, you know, Acting Acting……at least put it on a list and have Bob Casey check with Mr. Quinn, you know, with the winter and the winter we had, I mean, things weren’t getting done and Tim has had his hands full, but it should be addressed. I know I’ve seen you here for at least the last eight to ten years, I’ve been to your house. In fact, that one time in the rain, watching it come up through your shower stall, I believe.
Mr. Robinson: Not in my shower stall.
Mr. Rattner: Oh, it wasn’t….one of your neighbors then.
Mr. Robinson: One of my neighbors probably.
Mr. Rattner: The one…..
Mr. Robinson: Probably one of my neighbors, not mine, but….
Mr. Perkins: He spends a lot of time in people’s shower stalls.
Mr. Rattner: But I remember seeing the water in your back yard and it’s always wet.
Mr. Robinson: The drainage I have around my house, helps a little bit, it’s still in my back yard. I’ve got ducks in my back yard. You’re talking about boats, they can use the boats…they can park them in the back yard, there’s enough water back there.
President Greenbaum: Gene, did you have something you wanted to add?
Mr. Robinson: Because something has to be done about that. As for the church, the….when they built the building on that property there, they were supposed to….they came to the town hall and they were supposed to put a drainage….retaining basin. They put the retaining basin in, but now they paved the road, so the water from the paved road runs faster and quicker than it was when it was just a dry bed road. So, I’m trying to get that Presbyterian Church to do something about their drainage. They just say well, we got it, there it is. Well, it’s not doing a thing, so I’m asking this town to try to see what they can do to get this fixed.
President Greenbaum: Fortunately, we have Mr. Buczynski here who can speak to the issue.
Mr. Buczynski: I dealt with Mr. Robinson probably several times, I’ve been on the site several times, Steve, that’s been an issue more than eight months ago, it’s probably about two or three years.
Mr. Rattner: No, it was…Tim Quinn was acting….he brought it up…
Mr. Buczynski: No, we’ve been dealing with…we’ve been dealing with the County. I met with the County on several occasions, this goes back, it’s got to be a year and a half ago, and we actually discussed it at a Council meeting, but the County just wanted assurance that the town would assist if they came up with a plan on what needed to be done out there, and we went back to them, and there might even be a resolution – I’ll have to check, but I met with the County, they talked about ditching it in the back of Mr. Robinson’s property and bringing it further around his property into an open area and then going back out to the road and also enlarging the culvert across Netcong Road, and that was something that they said, hey it’s not going to happen tomorrow, but they’re going to be working on it the following year, which would have been the end of last….probably last fall. I can call my contacts there and see what’s going to happen at this point.
President Greenbaum: What I’d like you to do is to contact Mr. Robinson….contact Mr. Robinson and let him know what is going on and keep him apprised of the plans.
Mr. Buczynski: I’ll be glad to do that.
President Greenbaum: Mr. Robinson, if you don’t hear from Mr. Buczynski, or you’re not satisfied with the pace at which it’s going, I would ask that you come back. Contact the Clerk’s office and….
Mr. Robinson: I will be back, but I’ll bring some other people back too, we’ve got problems.
President Greenbaum: I understand that, I understand that, it’s not….the fix is not a simple fix because it involves multi-jurisdictional issues with the County and the town, but the fact remains that it should not slip through the cracks and I believe that’s what’s happened. So, by having Mr. Buczynski contact you directly, after he’s spoken to the County, to let you know what the plan is for the fix, will then keep you in the mix in terms of having some idea as to what is happening, and if you do not hear, then I ask that you come back. So, that way this will not fall through the cracks and you won’t be sitting there for years on end waiting for the water to recede.
Mr. Robinson: Okay, the other problem I have is….
Mr. Rattner: Excuse me Mr. Robinson, I just want to talk to Gene. Gene, just get your contacts and everything, because I will be at a meeting with Mr. Bennett next Thursday, a week from….
Mr. Buczynski: It wasn’t a County….
Mr. Rattner: No, I know that, and then he showed me who was working on it and then he fired two people, and he was one of the them.
Mr. Buczynski: He may be one of the them.
Mr. Rattner: No, he was.
Mr. Dorsey: And tell him the township will give him any resolution he requests, if he requests it.
Mr. Rattner: If you get that part, I’ll go there and I have a good relationship with him and if it’s doable, I mean obviously it’s not going to change things.
Mr. Buczynski: I’ll call Ed tomorrow.
Mr. Rattner: Yes, and then tell him I’ll be talking to him on it next Thursday, so maybe he can have something by then and if not, I’m going to yell at him.
President Greenbaum: Thank you. Mr. Robinson, what is the other issue?
Mr. Robinson: The other issue is that Flanders-Netcong Road, by my front driveway, the ditch is getting deeper and deeper because the water flowing down from Flanders-Netcong Road is making that deeper and deeper and I think that that ditch should be covered so that somebody doesn’t get hurt. It’s cutting out the driveway, it’s cutting out the side of my property, the water running down through there. So, something has to be done.
President Greenbaum: I’m going to ask Mr. Buczynski to take a look at that as well.
Mr. Buczynski: That’s part of the issue.
President Greenbaum: Okay, it’s part of the same issue.
Mr. Robinson: The other issue is that I brought up to this township about the Power & Light Company putting equipment and whatnot into that sub-station there. Well, they’re back…they emptied it and they put it back in again, so something has to be done with that company.
President Greenbaum: That’s a zoning issue?
Mr. Buell: Yes.
Chief Katona: Do you mean they’re parking vehicles there again?
Mr. Robinson: Equipment….you have a whole mess of trailers with stuff in there and there’s not supposed to be anything in there.
Chief Katona: This has been reported before, we have….or, we thought we had resolved it. We had assurances from the company itself, and the local supervisor responsible for that particular site, that the trucks and equipment would not be stored outside.
President Greenbaum: It sounds like it’s time to issue some summonses.
Mr. Buell: There is an ordinance on this as well.
President Greenbaum: I understand that. I’d like to get a written response back from either the Police Department or the Zoning Department, whichever is going to take a look at this issue, as to what’s been done, and I’d like a copy of that written memo to go to Mr. Robinson, as well.
Mr. Robinson: Thank you.
President Greenbaum: Thank you very much.
Mr. Robinson: Thank you.
Ms. Labow: It’s nice to see you, Mr. Robinson.
President Greenbaum: You cannot talk from your seat, unfortunately everything is recorded and you need to state your name and address.
Bill Romano, 183 Flanders-Netcong Road in Flanders: As Mr. Robinson said, there’s a problem there…a big problem, and in my house, actually I’m getting water in the house, you know, you get a good rainfall, I’m getting a substantial amount of water right in the house itself. The problem there is that we have a ditch in the front, which he said. The ditch is higher than the level in the back…the ditch is higher, there’s no where for the water to come out. So…..
President Greenbaum: It’s all part of the same plan that’s going to have to be looked at.
Mr. Romano: Right, exactly.
President Greenbaum: Mr. Buczynski actually wanted to respond to that.
Mr. Buczynski: You’re right, Mr. Romano, the whole fix of it is to bring the water around the properties and they realize that the problem is with that ditch. They were going to lower the culvert, underneath the roadway, and pipe that ditch, that’s all part of their plans. It’s just to get them to that point.
President Greenbaum: Yes. I would say that we’ll withhold the contribution we give to the County, but…..
Mr. Rattner: We did that once in 1989, it didn’t work.
Mr. Romano: Okay, thank you.
President Greenbaum: Thank you very much, Mr. Romano. Anyone else? Mr. Hashemi, state your name and address for the record.
Reza Hashemi, 49 Cattle Road, Randolph: In regards to your sign ordinance, where are you now with that sign ordinance, is it at the first reading, second reading, or are you still building it up, or…?
Mr. Dorsey: It’s at the Planning Board.
Mrs. Lashway: No,
Ms. Labow: No, you’re talking about the sign ordinance where we had asked for it on the agenda to discuss because of the issue of Staples having their grand opening? The Manager was told that they weren’t allowed to put any flags or so-on, so-forth, but I think it was a miscommunication, because they had also asked permission to put a blow-up truck on top of the building, and that’s what they were being told no to. So, somehow it got messed up, and I just wanted to make sure that we have a clear understanding of our sign ordinances that new businesses are allowed to have grand opening signs, they’re allowed to have the pennant flags as long as they’re affixed to a stationary object, as long as they do not block the roads….views for traffic, and it’s for fourteen days. They have to come get a permit and it’s for a fourteen day period. What questions did you have regarding it?
President Greenbaum: Mr. Hashemi, the ordinance is in place, we’ve scheduled it for a workshop hearing. I mean, any issues which you have, it would be more appropriate to deal with them at that time, when we’re actually dealing with the…..I mean, I’m not going to….
Mr. Hashemi: Well, I’m right before the Council, I’d like to bring this up that portable signs and temporary signs are not permitted and I’d like to encourage the Council to have them be permitted, as part of the signs that the businesses can have on their site. You know, you have some special advertising sometime from time to time that you need to advertise and you need to have a sign out there so people can see it. After all, Real Estate brokers have, you know, these small signs they put on the side of the road to, you know, to advertise for a, you know…
Ms. Labow: For an open house.
Mr. Hashemi: Yes, open house. So, I think the businesses should be allowed to have some kind of sign, some kind of portable signs on their premises to advertise their products.
Ms. Labow: You’re not talking about on a daily basis, you’re talking about when you’re having a special event, or a sale, or so-on, so-forth, because in the sign ordinance, it also discussed special events, and I will double check for you, but I believe that’s on a permit basis for the fourteen day period.
Mr. Hashemi: I think, if I’m not mistaken, you’re talking…..that particular part is for banners….
Ms. Labow: Yes, but it also says special events, I believe.
President Greenbaum: You know what? Do you want to get into a full-blown discussion on the sign ordinance right now, or do you want to save it for a workshop? I’m prepared to do either, if that’s what you want to do.
Ms. Labow: Do you have a copy of the ordinance?
Mr. Hashemi: Yes I do, it’s right here. It says prohibited signs and item 13 says portable or temporary signs, except for window signs, are not permitted.
Ms. Labow: So, you’re question would be, which we’ll bring it up….we’ll certainly invite you to the discussion, if you’d like, but your main concern is to be able to have that available on a daily basis, weekend basis, or…..
Mr. Hashemi: What I’m suggesting to you is regulate it, I mean, you come and say you could have a portable sign for two weeks, like you have something for banner signs, you come to the Zoning and you ask for a permit and, you know, they say well you can have it for two weeks or two months, or whatever.
Ms. Labow: When you’re having a special event.
Mr. Hashemi: Right. What it says here is it’s prohibited, you cannot have it, period. So, if you could regulate it, that would help the businesses.
Mr. Rattner: I would just ask that the Clerk notice Mr. Hashemi when we’re actually going to have the workshop, because I don’t have it, you know, to read it. I tend to agree, I think, with Mr. Hashemi, I’ve always asked for certain things because I think our businesses have to be able to advertise to stay in business, but at the same time, we don’t want anything getting run-down looking and too many. It has to be regulated, so I think if….it would be good during the review, what can be done, what can’t and we’ll have the Zoning officer to explain what can be done and what can’t, and I think that would be the best time to discuss it.
Mr. Hashemi: Okay, thank you. On a separate issue, as you know, I have bought the Boat House Restaurant and I was before the Board of Adjustment to convert that to a house, and after going back and forth, that was denied, and I heard a lot of discussion tonight about, you know, cutting on expenses and so-on, so-forth, and now we are before the Superior Court, we are going through the litigation. I offered the Board of Adjustment a few things that we can maybe perhaps settle the case, but we never received any response from them. I don’t know what kind of jurisdiction the Council has over the Board of Adjustment but, you know, I made a few offers, but none were taken and we never received any response from them. So, you know, at this stage, we’re still going through the litigation, through external expenses, and I think what we were planning to do was quite viable, you know, you had a restaurant which, he never made it, he went out of business, so we came up with these plans to convert the restaurant to a house, which I thought that was a very good plan. You know, it fits within the character of the neighborhood, it would create less pollution, you won’t have people wandering at nights, you know, with the, you know, with a restaurant, you know. So, I thought that was a very good solution to the place that never made it, but it was denied and now we are for, you know, the Superior Court, but that would be one thing that the Council may look into. It would be something that you can cut some cost – cost of litigation.
President Greenbaum: My perspective on that, Mr. Hashemi, is that there are certain decisions of the Board of Adjustment, which are appealable to Council, as a matter of right. I don’t know whether or not this particular… I don’t know whether or not a denial is appealable to Council; however, once you filed the litigation, you took it out of any discussion possibilities in terms of this Council. The Board of Adjustment is a separate entity unto itself, they make the decisions with respect to whether or not to defend litigation or to take whatever action they’re going to take. You’ve invoked the jurisdiction of the Superior Court of New Jersey and that’s where it lies now, from my perspective.
Mr. Hashemi: Thank you.
President Greenbaum: Thank you. Anyone else from the public who would like to speak? Mr. McDonald.
Ned McDonald, Budd Lake: Just one question on the Bill List, page 15, it’s made out to Fibar Systems, it says a wood carpet, I don’t understand, is that possibly a wool carpet?
Ms. Labow: No.
Mr. McDonald: It is a wood carpet?
Ms. Labow: Isn’t that mulch, Sherry?
President Greenbaum: Yes, it’s playground equipment.
Ms. Labow: For the playground equipment.
Mr. McDonald: So, it’s mulch?
Ms. Labow: Mulch, yes, they call it a wood carpet, it’s mulch.
Ms. Jenkins: I believe so.
Mr. McDonald: Okay, thank you.
Ms. Labow: I had asked that question at another time.
President Greenbaum: Anyone else from the public who would like to speak? Seeing none, I close it to the public.
President Greenbaum: Final comment. Mayor, anything?
Mayor De La Roche: No.
Mr. Buell: None.
Ms. Labow: Can I have about 20 minutes to make a comment? I’m only kidding, no comments.
Mr. Mund: Yes, I would like to wish Russ Brown well on his new endeavor, but I was wondering if this is a… if there was discussion on why he’d leaving, is this an organizational, structural problem? Should we address the organizational structure and I’m wondering, from the Administration, what’s the path forward.
Chief Katona: I’m sure the interim Business Administrator will have an exit interview with Mr. Brown and he could bring that information to you at a later date. There are certainly issues that exist, this is not a very comfortable working environment for anyone, as an employee and a department head, I can tell you that. It’s very difficult to work here, maintain a professional attitude and try to continue to do the work of the township for the people of the township.
Mr. Mund: I would hope that some solutions could be presented to this Council that would at least make it better in the future, and maybe correct some of these situations.
Chief Katona: I think we could have a long discussion about that, so….but I don’t think that this is the correct forum for it.
Mr. Mund: Okay, thank you.
Mr. Rattner: I may have some thoughts about the operation of the Library, about the expense, the cost to heat it, but the building itself, I think it’s a gorgeous building, especially on a sunny day if you’re in the back with those big windows, I mean, I realize the heating bill, and so I look at it from that way, but the building itself I think is really a gorgeous building that we could be proud of that way. We can discuss size or anything else, but I think we’re going to be well served by the well served by the building itself.
Mr. Perkins: No comment.
President Greenbaum: And I have no comment. Motion to adjourn.
Mr. Mund: Motion to adjourn.
Ms. Labow: Second.
All were in favor and the meeting adjourned at 9:55 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 May 10, 2005.
Lisa M. Lashway, Township Clerk