Mt. Olive Township Council Minutes
August 8 , 2006

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:52 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

ROLL CALL: Present: Mr. Buell, Mr. Tepper, Mr. Biondi, Mr. Rattner,
Mrs. Labow, Mr. Greenbaum

Absent: Mr. Perkins

Also Present: John Dorsey, Township Attorney; Rick Prill, Business Administrator;
Sherry Jenkins, CFO; Lisa Lashway, Township Clerk

Questions on Bill List?

President Greenbaum: At this point we will open it up to anyone who has questions on the Bill List so that those questions can be answered later in the meeting.

Mr. Buell: I would just like to list #06559-04 as a question at this point in time and I would like to bring it up later in the meeting. That is the one we have already discussed.

President Greenbaum: Okay, does anyone else have any questions on the Bill List?

Mr. Rattner: Yes, going through, I saw some more old bills from Verizon that was in a packet. What I did notice is on some of them, especially all the old ones, when I look back and look at each individual month it looks like Verizon had given us credits on the bills and yet we are paying them anyway. If you look at check #12468, I have that we don’t owe anything and yet we are paying them money and I can keep going. It appears that if go to check #12467, it appears that the bill, each subsequent month they credit the previous months bill. The thing that we have been asking for, for months appears to be on there. So I would ask that the Verizon bills be taken off unless an explanation by the end of the meeting can be given why we are paying a bill that they say we owe zero dollars on?

President Greenbaum: Sherry, do you understand Mr. Rattner’s comments? Does anyone else have any questions on the Bill List?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS – None

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. E-mail received July 28, 2006, from Bill and Linda Sohl regarding success of All Veterans Memorial Booth at the Mount Olive Day.

MUA / HMUA / MSA

2. Minutes received August 4, 2006, from Musconetcong Sewerage Authority regarding the July 5, 2006 meeting.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

3. Resolution received July 24, 2006, from New Jersey Shade Tree Federation regarding legislation for support of Bills S-1199 and A-2589 (Tree Expert Act).

4. Resolution received July 31, 2006, from Township of Pequannock regarding opposing the Metropolitan Area Air Space Redesign as Proposed by the F.A.A.

5. Letter received August 3, 2006, from Borough of Dunellen regarding merging communities.

6. Ordinance information received August 4, 2006, from Allamuchy Township regarding Ordinance Dissolving the Zoning Board of Adjustment and Transferring powers of Zoning Board of Adjustment to Planning Board Pursuant to NJSA 40:55D-25.

MISC

7. Letter received July 28, 2006, from Fidelity – AMG Realty Partners, LLC regarding Combe Fill North Landfill Site. Block 4100, Lot 10 (Gold Mine Road) possible acquisition and redevelopment.

8. Letter received July 31, 2006, from Morris County Clerk’s Office regarding legislation A-4701. This law imposes a 1% fee or 1% tax on certain purchases of certain commercial property over $1 million - effective date Tuesday, August 1, 2006.

LEAGUE OF MUNICIPALITIES

9. Legislative Bulletin received July 31, 2006, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.

DOT / DEP/ LOI

10. Letter received July 27, 2006, from State of New Jersey, Department of Environmental Protection regarding Alfred and Irene Cheswick, Notice of Violation for Block 5800, Lot 53 (Main Road).

11. Letter received July 31, 2006, from Laddey, Clark & Ryan, LLP regarding Highlands Applicability Determination for Lamtec Corporation 700 Bartley Chester Road, Block 6800, Lot 10.

12. Letter received August 1, 2006, from Design Builders regarding Highlands Applicability Determination for 83 Clinton Ave, Budd Lake, Block 4400, Lot 14.

13. Application for Emergency Individual Freshwater Wetlands and Open Water Fill Permit received August 2, 2006, from Amy S. Greene Environmental Consultants, Inc. regarding International Trade Center South Retaining Wall Stabilization.

14. Letter received August 3, 2006, from State of New Jersey, Department of Environmental Protection regarding Mount Olive Township Public Works Facility Block 7900, Lots 18 and 3.01 (204 Flanders Drakestown Road) Agency Determination: Highlands Exempt, Water Quality Management Plan Consistent.

15. Public Notice received August 3, 2006, from Malick & Scherer, P.C. regarding Request for Highlands Applicability Determination for Jersey Central Power and Light, Block 8400, Lot 3 (6 Naughright Road)

ABC

16. Letter received August 2, 2006, from State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control regarding Distribution of Divisions Action in the matter of Disciplinary proceedings against WES Inc. License No. 1427-33-009-004 (Pavilion Lounge).

LETTERS FROM LEGISLATIVE REPRESENTATIVES

17. E-mail received July 21, 2006, from Congressman Frelinghuysen regarding House Reiterate Support for Israel.

 

 

18. E-mail received July 25, 2006, from Congressman Frelinghuysen regarding Historic Preservation Bill Passes Congress.

19. E-mail received July 28, 2006, from Congressman Frelinghuysen regarding Crossroads Bill passes Congress, Lyons VA Ambulance Service Resumes, House moves to Preserve and Protect Musconetcong River, Veterans Legislation Moves through House, Improving Emergency Communications, Protecting Children from Sexual predators, and increasing access to homeownership.

President Greenbaum: There are 19 pieces of Correspondence on the Amended Agenda. Does anyone wish to discuss any particular piece of Correspondence?

Mr. Buell: Number seven, letter received from Fidelity – AMG Partners. I just want to know what the relationship is between that and Resolution #17, the sale of tax certificate Combe Fill Landfill.

President Greenbaum: It is the same property. I was on the phone today with Fidelity. They are aware of what is happening. A Resolution this evening is simply to set a date for the sale, the right to purchase the tax sale certificate pursuant to an agreement which has been drafted. Fidelity is aware of it and will have the opportunity, if they so choose, to participate in the bidding.

Mr. Buell: That is what I wanted to make sure. Is that what we are doing tonight, or not foreclosing the second person.

President Greenbaum: Absolutely not but they would have to live by the same terms and conditions which were basically drafted favorable to the purchaser of the property, whoever that might be, based upon the environmental considerations of the property.

Mr. Dorsey: Wait, I would strike the word favorable. They are fair when you are dealing with this type of property, with the known problems that exist. It is just that you just can’t simply say buyer beware when you are proposing to put up 400,000 square feet.

President Greenbaum: I would agree, fair.

Mr. Dorsey: Fair.

President Greenbaum: Certainly, the Resolution this evening would not foreclose anyone from....

Mr. Dorsey: Anybody.

President Greenbaum: Anybody from participating in the bidding and have the opportunity to purchase that tax sale certificate and it will work to the benefit of the Township. As I said I have been in touch with them, they have the documentation and I gave them my cell phone number to the extent that they had any other question related to the procedure of the property itself.

Mr. Dorsey: If there is anyone else who is seriously interested, he is on the same plane as anybody else.

President Greenbaum: Okay.

Mrs. Labow: I wanted to ask Mr. Prill, that memo that we had received from Fidelity, I guess they had a conversation with you and you had recommended that they write a letter to Mayor and Council?

Mr. Prill: That’s correct.

Mrs. Labow: Did you reach back out to them? Did the Mayor speak with them?

Mr. Prill: I only had the initial conversation with the gentleman that called. I was holding off after seeing the Resolution on the Agenda tonight. I was planning on reaching back out to them but Mr. Greenbaum has already done that. So they are advised of the date of the sale and I would expect that they are going to be interested in pursuing it.

 

Mr. Dorsey: Make them come in and pick up a copy of the agreement. It is going to be released tonight.

President Greenbaum: They already have it.

Mr. Dorsey: Okay, there you are.

President Greenbaum: I made sure that they received a copy and I would ask the Clerk, to please notify them and Mr. Geiger’s office of the time that this is actually listed for sale specifically.

Mrs. Lashway: In the Resolution, it sets the date for September 12th.

President Greenbaum: September the 12th, so we should send a letter directly to both indicating that is on for September the 12th.

Mr. Dorsey: I have taken care of Mr. Geiger.

President Greenbaum: Okay, so we just need to send further....

Mrs. Lashway: The Resolution I faxed over to Fidelity, has that information.

President Greenbaum: Okay good, we should also send a separate letter, just indicating that that’s the date even though it says so in the....

Mr. Dorsey: We should give them a copy of the agreement. I will send it to you tomorrow.

President Greenbaum: I sent it already.

Mr. Rattner: Item #2 on Correspondence from the MSA. Remember a few meetings ago, a month and a half, I brought up the situation that the MSA was looking at the service contracts realizing that the garbage disposals are basically excluded in the service agreement that they had with each town. I know we asked the Administration to give us an update, at least I saw that from Lisa, I guess a couple weeks ago. Tim did make contact with the superintendent and then we had a meeting and in the minutes if you look on the second page we finally resolved it by basically punting. The service agreement for each member town and the MSA states, that you cannot put shredded garbage into the waste stream, period. However, when it came up because we had the same discussion we had here, how do you manage it? So basically, what has been referenced in the minutes is that you cannot put shredded garbage in the waste stream and it is up to each town to manage how they are going to do it. Obviously, if there is no real big problem, then you are okay. We have the biggest problem as I told you before, things like stockings that are put down the toilet. Believe it or not people do that and some other items like that, that actually jam up a lot of the different pumps that grind the things. The idea of the garbage disposal is when you have parts of bone, things like that in it it actually causes a lot more wear to a lot of the equipment. Right now, we don’t have to do anything. The service agreement does say you can’t put in and it’s quoted, we couldn’t even identify what’s shredded garbage and how is that relate to grinded garbage? There is no issue at least we don’t have an issue at this point with the MSA. It’s just strictly something that we are supposed to manage and each town has to figure out how to do it themselves.

President Greenbaum: Any other comments on any Correspondence?

Mrs. Lashway: I am confused, are we going to put the Ordinance back on, or no?

President Greenbaum: Not at the present time.

Mr. Rattner: Well, we can decide whether we want to. The reason it came up.... the discussion came was the Authority going to go back to the member town saying they are violating the service agreement. It has been decided not to. Just because it is the enforcement of it, how are you going to determine it and how are you going to do it.

President Greenbaum: Not at the present time. We are not going to put the Ordinance back on. Any discussion on any particular piece of Correspondence.

ORDINANCES FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING (2nd Reading Sept. 12, 2006)

President Greenbaum: We are up to Ordinances for First Reading. One ordinance on this evening, entitled:

Ord. #24-2006 An Ordinance of the Township of Mount Olive Establishing Fees to be Charged by the Recreation Department for Fall/Winter 2006 Through Spring 2007 Programs.

Mr. Biondi: Mr. President, I move that Ordinance # 24-2006 be introduced by title, and passed on first reading, and that a meeting be held on September 12, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion?

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 Mount Olive Authorizing the Settlement of Tax Appeals Filed for the Years 2005 and 2006 on Premises Known as Lot 15, Block 5401.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Settlement of a Tax Appeal Filed by Ronetco/Shoprite Flanders 212, LLC.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Settlement of a Tax Appeal Filed by BRE/ESA Properties, LLC.

4. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2006 Municipal Budget ($5257 for Public Health Priority Funding Grant).

5. Resolution of the Township Council of the Township of Mount Olive Accepting an Application for Tax Exemption for Block 2200 Lot 35.

6. Resolution of the Township Council of the Township of Mount Olive Approving Change Order #3 to the Contract for Renovations to the Former Library for Use by the Mount Olive Child Care and Learning Center.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Sign State Aid Applications to be Submitted to NJDOT.

 

 

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Second Amendment to Fleet Management and Maintenance Contract Between the Township of Mount Olive, New Jersey and First Vehicle Services, Inc.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in the Professional Services Agreement with Schoor DePalma for the Turkey Brook Park Well #2 Station.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Mathew Krauser for Appraisal of Block 5202 Lot 10 and 5300 Lot 10.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing a Renewal Agreement for Membership in the Morris County Cooperative Pricing Council.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in the Contract with Sanitary Construction Co., Inc. for the Ironia Road Drainage Improvements Project. *(amended)

13. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in the Contract with Sanitary Construction Co., Inc. for the Naughright Road Improvement Project.

President Greenbaum: There are 13 Resolutions on the Consent Resolutions Agenda. Does anyone wish to have any of the 13 Resolutions removed and put on the Non Consent Resolutions Agenda? Seeing none, I would ask Mr. Tepper to please move the Consent Resolutions Agenda.

Mr. Tepper: Thank you, Mr. President. I move the Consent Resolutions #1-13 for approval.

Mr. Biondi: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on the Consent Resolutions Agenda? Yes sir, please state your name and address for the record.

Nelson Russell, Budd Lake: Resolution #5, I am just wondering what the basis of the exemption was?

President Greenbaum: It is a Veteran’s Exemption.

Mr. Dorsey: Death of a spouse of a Veteran in the Second World War.

Mr. Russell: Spouse of a Veteran?

President Greenbaum: Yes.

Mr. Russell: Thank you.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Thank you. It is only for the current year. Anyone else from the public who wishes to be heard? Seeing none, is there anyone from Council?

Mrs. Labow: It says it is only for the current year. Does that mean she has to come back every year?

Mr. Dorsey: It means she has to apply each year but it is a statutorily given...she lost her husband in the Second World War.

President Greenbaum: We had discussed that issue sometime ago for a number of past years, where she had not applied. That was the distinction.

 

Mr. Rattner: Now she can apply as long as it is on time.

Mrs. Labow: I understand. I just want to make it clear. She has to apply every single year?

Mr. Dorsey: Yes, this is true with most exempt properties. They have to make the application.

President Greenbaum: Yes.

Mr. Dorsey: For instance, if they sell it you’re not going to continue it.

Mrs. Labow: Exactly but I mean......

President Greenbaum: It’s every year.

Mrs. Labow: Is there a fee for her to do that?

Mr. Dorsey: No.

Mrs. Labow: Okay.

President Greenbaum: Any other brief clarifying statements? Is it brief Mr. Rattner?

Mr. Rattner: Yes, I will just be abstaining from Resolution #6 due to my association with the Mount Olive Child Care Learning Center.

President Greenbaum: That was brief.

Mr. Dorsey: He looked surprised when he said is it brief?

President Greenbaum: Any other brief clarifying statements? Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner abstained on #6.

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to the Non Consent Resolutions Agenda, the first Resolution is:

14. Resolution of the Township Council of the Township of Mount Olive Extending the Contract with Suburban Consulting Engineers, Inc., for Phase III (Construction) Services for the DPW Garage Facility Project.

President Greenbaum: Mr. Buell, do you want to move that?

Mr. Buell: Thank you. I move Resolution #14.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council comment?

Mr. Buell: Yes. Mr. Prill, I asked I think two weeks ago. I think there is still an unresolved issue with the Library versus their arguments with their retention basin. Has anybody resolved with the Library whether or not that dispute exists, problem exists. Has anybody discussed the new design with them?

Mr. Prill: We have been holding off setting up a meeting with them until Council basically has authorized, which this resolution is doing, authorizing Suburban to proceed into Phase III because Suburban was reluctant to incur any additional costs on this project without Council approval to move forward. So with the adoption of this Resolution tonight I can now contact Rita Hilbert to schedule the meeting and have Suburban there to sit down with them and their engineer to talk about the concerns that they have.

 

Mr. Buell: What happens if they say there is a huge problem? What are we going to do?

Mr. Prill: They may take exception to what we are proposing to do but we have Morris County Soil Conservation approval to move forward with this. We have satisfied their concerns and they are the regulatory agency on this. So we will move forward.

Mr. Buell: So what happens when they sue us?

Mr. Prill: I don’t know whether they will sue us.

Mr. Dorsey: Jim, he has to proceed because we can’t anticipate what the Library will do or not.

Mrs. Labow: I just wanted to know. I think, Mr. Prill, two weeks ago we asked you for an update on the costs and everything. Do you have that for us tonight?

Mr. Biondi: I was just going to ask that question.

Mr. Prill: No I don’t. I don’t have that prepared just yet.

Mrs. Labow: Is there any reason why? We wanted to know how much we spent, how much is projected, and how much is left. You don’t have those.....

Mr. Prill: Part of the difficulty is that even with the next resolution that we will be considering involving approval of some three change orders, there are still even larger change orders that have been identified by Suburban Consulting which we are still reviewing and discussing with them. Those costs. I can’t give you a definite on because I don’t know where we are going to end up with that.

Mrs. Labow: Do you know how much we spent so far?

Mr. Prill: I don’t have that.

Mr. Biondi: We did ask for that, two weeks ago.

Mr. Rattner: And four weeks ago.

Mr. Biondi: And four weeks ago and you know what? As I said two weeks ago, I am not willing to spend anymore money until I know how much we have spent and how much we are committed to and we don’t have a handle on that. I don’t get that. I don’t understand how you run a project of this size and not know what your potential cost is, what you spent, and what you still owe? I wouldn’t okay it.

Mr. Prill: We have two contracts that have yet gone out to bid, so we don’t know what those costs will be until we get to that point.

Mr. Biondi: We have to know what we spent. We have to know what we are committed to at this point. You don’t run a project like this in a fog. We have to know what we have spent so far.

Mr. Prill: What I am indicating is, at this desk, right here. I don’t have the number that can provide to you in terms.....

Mr. Biondi: We asked you for it two weeks ago and four weeks before that.

President Greenbaum: Mr. Prill’s position is that he can’t put the number together. Mr. Prill’s position is not that he’s not giving you the number. It’s that he can’t put it together based upon factors that are outside of his control. That’s Mr. Prill’s position. You may not accept that but that is his position.

Mr. Prill: I will provide Council with what we spent today with Suburban. We had expenses involving Bond Council going back to when the Bond Ordinance was put together. Those costs I will identify for you.

 

President Greenbaum: What is the amount of the change orders, the larger change orders which have been requested that you are still reviewing?

Mr. Prill: As presented by Suburban we are probably in to $30,000 to $40,000 range.

President Greenbaum: Beyond the change orders that we already have?

Mr. Prill: That’s correct.

President Greenbaum: What were the contingencies that were built into the project when it was first approved? Was it a 10% contingency, was it a 20% contingency and how much of that contingency has already been used up by the change orders?

Mr. Prill: Not having been here when that has taken place, I would have to go back into the files to see what if anything there was....

President Greenbaum: We haven’t put up a brick yet, or any part of the building. We are not finished with site construction at the present time and we are already over, at least $100,000 over where we started.

Mr. Biondi: Did we not ask for Suburban to come back this week and give us maybe a rundown of what we have paid them so far? Somebody has to have these numbers someplace.

President Greenbaum: No, the Township has those numbers. The problem is anybody can, I am sure that Sherry could give you if Sherry were sitting here, how much has been paid to Suburban, how much has been paid to all the different companies to date.

Mr. Biondi: I think we need that.

President Greenbaum: Then there are a number of additional bills which are subject to change orders and now I am hearing there is about $80,000 in change orders, which may or not be paid? I mean if Mr. Prill is indicating that that last $30,000 to $40,000 number has not been finalized by the Administration at this point in time, the fact remains there is a potential liability of that amount outstanding. Is that correct?

Mr. Prill: Well, what you have made reference to, like change orders in the amount of $80 some thousand, half of that at most. What is on the Agenda tonight are three smaller.....a couple smaller change orders where expenditures have already been made and have been paid to Suburban and the purpose of the change order tonight is really to do clean up work. These change orders should have been approved a year ago and they weren’t so I am now playing catch up and cleaning it up.

President Greenbaum: Right, the total amount of the change orders on for this evening is how much?

Mr. Prill: That’s only maybe $5,000-$5,500 and there is another change order where there is an estimated cost for future work that they need to do moving forward.

President Greenbaum: Do you understand Council’s concern here? That we are being asked to approve change orders and the $5,000 is not really the issue. It’s that we are being asked on a moving target to approve things where we have no information as to where we are, where we are going and what we can expect. So to approve $30,000 or $40,000 next week or the week after not knowing where the project is, how much has been spent, is really very unfair and I am not blaming you Mr. Prill. I am just saying the way that this is being presented to us puts us in an extremely bad position in terms of fiscal management of this project. We can’t manage this project in the way that it is being presented to us. Ultimately, if it comes in at $2.5 million or $2.2 or $2.7 or $3.8, we don’t have the knowledge as we are going forward as to what has been spent, what we are looking at down the road and to ask us to approve that on this basis is really very unfair.

Mr. Tepper: Do we have the ability to table this motion at this time and remove it until that information has been provided, rather than vote it down?

 

Mr. Dorsey: You can make that motion.

President Greenbaum: Are you going to make that motion to table?

Mr. Tepper: I would make a motion to table it. On either one, I would make a motion to table both #14 and #15.

President Greenbaum: There is a motion to table. Is there a second on the motion to table?

Mr. Biondi: I will second that.

President Greenbaum: It has been moved and seconded to table Resolutions #14 and #15.

Mr. Buell: Can I amend that?

Mr. Dorsey: There is no discussion now.

Mrs. Labow: There is no discussion on the Amendment?

Mr. Dorsey: No discussion on a motion to table.

ROLL CALL: Mr. Tepper, Mr. Biondi, voted yes.
Mr. Buell, Mrs. Labow, Mr. Rattner, Mr. Greenbaum, voted no.

President Greenbaum: I am going to vote no as well, just so we can have further discussion.

Mr. Buell: Can I make the motion to table #15 but not #14?

President Greenbaum: Wait a minute we are not up to #15 yet, we are up to #14. We are dealing with #14 right now.

Mr. Dorsey: Now wait you made a motion to approve #14 so you have to....

President Greenbaum: Yes, #14 is still on the table.

Mrs. Labow: So we are still discussing it?

President Greenbaum: Yes.

Mr. Rattner: For one thing, it would be irresponsible not to pay a vendor for work that they have been authorized to do especially when they won’t do anything more and we want them to move forward because it is only going to raise the cost.

Mr. Biondi: Who authorized it?

Mr. Prill: We asked this question last time.....

Mr. Biondi: We didn’t authorize it.

Mr. Rattner: We said last week.....

Mr. Biondi: We didn’t authorize it.

Mr. Rattner: I know, we said last week, that to put it in, we understood as soon as they got the documentation in, that the Administration said that they did, we would approve it. We know the vendor did the work. The attorney told us that they are legally entitled to it. So they are going to get it anyway, why have the extra expenses and have another black eye of somebody having to sue us to get paid for what work they have done. The whole problem is. I am not even going to.....it just gets ridiculous. We have a major project with a $1.9 million dollar budget. We had the budget, engineering, the construction, site work and so on. Every project you have that you can’t start the project without it. If it is, that is malfeasance, whatever, that is ridiculous to put that together.

Mr. Rattner (Cont’d): We already know that we were told that all the bid specs and all the engineering, the shop drawings…we had that discussion whether we are in step two or three, which means that we had an original estimate. We know the $1.9 million dollars. We had a certain little amount of contingency when we were given all the drawings. That’s the budget. As soon as we go out to bid, how close did the bid come? Now we know because we have to encumber the money for the building for the steel and everything else that’s being delivered and everything else. It’s not hard. You don’t have to have every number. You’ll never have every number. It is knowing where you are at any point in time and also getting early indication that we are going to be over and that we are going to have to make changes. That is why buildings, sometimes you take something out, you don’t do something or you make another change to economize. We did the same thing with the Library when they realized the rock was too expensive or something like that. Well, are there building materials to bring it in under budget? This is not any different than any other project. It is the way municipalities and private industry empires have done it for years. It is a very simple concept. I just don’t understand why we don’t have it. We had an original budget. Where are we with the original budget? It means that somebody is not minding the shop and it is just getting frustrating that we can sit here almost $2 million dollars and you can’t tell us where we are, whether we are in good shape, when it is going to be done, what things we can expect. It is frustrating. It is unacceptable and I don’t know of anybody that would admit that they don’t have a clue of where the money is going at this point.

Mr. Tepper: Since you voted no, what is your point Mr. Rattner? I would like to understand. You have gone on and explained. We all agree with what you have said.

Mr. Rattner: I said about the budget, I just wanted to get.....I said why I voted no is because we don’t want to stop the project dead in there. We know we did the work we agreed it had to be done.

Mr. Tepper: We should stop until we know.

Mr. Rattner: We agreed last week.

President Greenbaum: Let’s calm the discussion down. Mr. Biondi, did you have something to add to this?

Mr. Biondi: We could go along week after week, passing $5,000 resolutions and still never know where we are. I am not in favor of doing that. I am not going to spend any more money. This is ridiculous. This is no way to run an airline, period. End of story.

President Greenbaum: I would like to call for a vote at this point, unless someone has something.....

Mrs. Labow: I just have a clarifying statement. From what I understand, Mr. Prill is telling us he cannot give us the figures unless we approve these so they can meet, so he can give us the figures. Is that correct?

Mr. Buell: No, #14 is saying we can’t move forward with the project. On #15 we are talking about #14 and #15, in conjunction/combination. We should be talking about #14 at this point.

President Greenbaum: Okay you what, #14 is on the table....

Mr. Biondi: We are being asked to approve something that was done without an approval.

President Greenbaum: Not at the present time.

Mr. Biondi: Without an approval.

President Greenbaum: No, we are moving forward with #14 which is the resolution.....

Mr. Biondi: When was #14 approved?

President Greenbaum: Resolution of the Township of Mount Olive extending the contract with Suburban Consulting and moved to Phase III. In other words, they are going to get paid for their Phase III work. This does not relate to change orders. The next item is the change order issue. So that is what is on the table and I am going to call it for a Roll Call vote, please.

ROLL CALL: Passed Unanimously with the exception, Mr. Biondi and Mr. Greenbaum, voted No.

President Greenbaum: The next issue is Resolution #15:

15. Resolution of the Township Council of the Township of Mount Olive Approving Change Orders to the Contract with Suburban Consulting Engineers, Inc., for Services on the DPW Garage Facility Project.

President Greenbaum: Mrs. Labow, please move it.

Mrs. Labow: I move for passage of Resolution #15.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Any public discussion, any further Council discussion?

Mr. Buell: Yes. My disgust with this is the Phase I change order for $2,000....according to the backup documents it was something that was approved on May 2nd in 2005. I want to know why the Council wasn’t told about a change. Phase II of this change was a change that evidently was authorized by the Administration on October 25, 2005. We also have $40,000 additional would have been changed. I would like to know what the dates are when these changes were made and why were not informed at the time when we knew we were going to have these kinds of expenses at this point in time.

President Greenbaum: Mr. Prill?

Mr. Prill: As I have indicated before. What I am trying to do is to clean up what should have been done previously which wasn’t done. I can’t speak in terms of my predecessor as to why he and or Suburban did not file the proper change order request for approval of Council going back to May and October of last year. I am simply trying to clean up what should have been done in the past. I was trying to identify costs that Suburban is indicating that need to be approved to allow them to move forward with additional work.

Mr. Rattner: Two weeks ago Mr. Dorsey explained very distinctly that we are required, you know the person did work, it had to be done and any court any action it has to be, it would be upheld. So why even go through it? What it appears and I think Suburban Consulting was very honest. They say they knew they were taking a chance when they only met with the Business Administrator and the Mayor and to just keep moving because if they stopped we would have had the possibility of additional liquidated damages because of slow downs, or stopping contractors to keep moving forward. This is not a problem from the contractor itself. Yes, they could just stop, most engineering firms won’t and put a contract a building, or a project into peril and, in fact, in some cases they can’t because if there is something with safety, if there is something they are in the middle of a project when there are inspections involved, you can’t do it. Then you would be held liable for any damages that way. This is strictly a mishandling by the Administration. I really don’t care what the faces are. It has been the same Administration for almost three years who is supposed to be managing the project. The engineer has done what he thought he had to do in good faith. We said get the change orders in. We know that it is being done backwards. They said that they knew that they were taking a chance. They don’t have all the paperwork. They are getting the paperwork in. They are saying exactly why. They gave us times and dates two weeks ago when they met, when it was authorized and why it was done. It is no different if you had something like the Library when they complained about the retention basin. Soil Conservation comes and something has to be addressed right away to a regulatory agency. We couldn’t wait until another meeting so they could do paperwork so they could do a change order. I think these are really diminuous amounts. We still have a certain amount of contract money that we are going to hold them to and make sure that the job gets done. I think they made a compelling case that all the changes were due to instructions. If they are told to break up a bid into three pieces and it costs more money than the one, what are they going to do, just say we are going to walk off the job? Then we really would have been in a problem. We would have had to get another engineering firm. They would have started from the beginning and they would have charged us for that has already been done. I mean this Town has been there too, we have done that. We didn’t learn a damn thing from Turkey Brook.

Mr. Tepper: We continue to make the same mistakes.

Mr. Rattner: By penalizing a vendor who is acting in good faith is ridiculous. Has anybody questioned why we have trouble getting bids anymore? Why do you think? That’s what the issue is.

President Greenbaum: Thank you, any other discussion? Roll Call.

Mr. Tepper: I am going to vote no on this, I would rather see it tabled. I am voting no until I see documents showing me how much money has been expended to date.

Mr. Buell: Yes, but only because it is a diminimous amount at this point.

Mr. Biondi: No, and I am not going to approve any diminimous amounts anymore, not without documentation. This is ridiculous.

Mrs. Labow: I am going to vote yes only because if they take us to court they are going to get paid anyway and I don’t want to incur and further expenses.

Mr. Tepper: We are not saying not to pay, Colleen. We are saying not to pay until we get the documents.

Mrs. Labow: I am just saying pay it right now.

ROLL CALL: Passed with the exception Mr. Tepper and Mr. Biondi voted No and Mr. Greenbaum Abstained

Mr. Tepper: Chicken.

President Greenbaum: It is not chicken, I will explain my decision. My decision, I do not believe that we should continue to pay these bills. However, the rationale that was expressed by Mr. Rattner and by our Township Attorney, in terms of work which was approved and which work was already done compels that we pay this payment. I have been against this project from the beginning, not because of the issue itself, the need for the garage. I have from the beginning had an extreme lack of confidence that the Administration could manage this project and bring it in under budget. I have consistently voted against it. I think the Administration is on notice at this point that no further change orders that are not first run through Council are going to be considered. Now I understand there are some existing change orders out there which may fit into the same category as these but I tell you the next time this vote comes along and it is not the change orders that we have already identified that my vote will be no, as it has been throughout. Just let me finish Mr. Biondi. Mr. Prill, I suggest that you do what other Administrators, and again I understand that this may have come from prior to your taking over this project…in the past, other Administrators have gone through the Clerk’s office and at least had gotten a straw poll on change orders before the Administration agrees to those. I suggest that that is the appropriate method by which the Council will be involved in at least understanding where we are with the project. Secondly, I would hope by next meeting, in fact I strongly recommend that you give us some numbers to the best of your knowledge, whether they are soft numbers in terms of these are the items which need to be bid out still but this is what our estimate was for the construction or for this particular aspect of the project. If you don’t have the numbers, this is what has been spent to date. This is what we expect currently by way of change orders and I do suspect that you could put together a fairly good estimate as to where we are and where we are going and using those factors and identifying in your summary what you are using to base those number on. I would hope that in the next two weeks that we will have that information. As you can tell, there is a lot of angst up here on Council with respect to the way that this project is being managed. It is my hope, in fact, I think the Council is actually sending a fairly strong message that things need to change. Otherwise, the funding
on this project is going to stop.

Mr. Biondi: You mentioned in your summation, I guess I could call it that? It was a pretty learned summation about other change orders that might be out there. I would like to know what they are, if there are any. I want to identify all of them and I want to know who okay’d them. I want to know everything. I don’t like operating in the dark.

 

President Greenbaum: I suspect that that is what we will have in two weeks.

Mr. Biondi: Everything. Gotta have everything.

President Greenbaum: Alright, next Resolution:

16. Resolution of the Township Council of the Township of Mount Olive Re-Authorizing the Mayor to Sign the Contract Between the Township and Mount Olive Township Public Employees Association (MOTPEA).

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

Mr. Rattner: I guess I will have trouble walking out into the parking lot tonight?

Mr. Biondi: After that other performance with that other thing, you better authorize this.

Mr. Rattner: I move the Resolution of the Township Council of the Township of Mount Olive Re-Authorizing the Mayor to Sign the Contract Between the Township and Mount Olive Township Public Employees Association (MOTPEA).

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Is there any public discussion, any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The last Resolution on the Non Consent Resolutions Agenda is:

17. Resolution of the Township Council of the Township of Mount Olive Authorizing the sale of Tax Sale Certificate #90-15 Encumbering Lot 10 Block 4100 on the Mount Olive Township Tax Assessment Map.

Mr. Biondi: Mr. President, I would like to move Resolution #17 for passage.

President Greenbaum: Is there a second.

Mr. Buell: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded, any public discussion? Seeing none, I close it to the public,

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: Motions, the first is:

1. Approval of Raffle Application #2150 for K of C #5410 Blessed Mother Seton Council.

President Greenbaum: Mr. Buell, could you move the raffle application please?

Mr. Buell: I move for approval of Raffle Application #2150 for the Knight of Columbus, #5410 for the Blessed Mother Seton Hall Council.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

ROLL CALL: Passed Unanimously

President Greenbaum: The next is:

2. Consent to the Mayor’s Appointment of John Fishinger to the Library Board for a five year unexpired term to expire December 31, 2006.

President Greenbaum: Mr. Tepper, do you want to move that?

Mr. Tepper: Yes. Well, Mr. Pearson has requested that be tabled. I believe that the Council should comment on this and will move it that Motion #2 for the Mayor’s Appointment be made.

President Greenbaum: There has been a motion, is there a second? Dies for lack of a second.

3. Bill List.

Mr. Biondi: Mr. President, I will move the Bill List with those exceptions that were discussed earlier this evening.

President Greenbaum: You are moving the Bill List with a loop hole?

Mr. Biondi: With those exceptions, yes.

President Greenbaum: While there were two questions. One of them was a question and one of them was actually, I believe Mr. Buell wanted to have the bill for Joe O’Neill removed from the Bill List.

Mr. Buell: Yes and that is, #06559-04, invoice number.

President Greenbaum: So you are moving it? The other related to the Verizon questions, which we will get to. Are you moving the Bill List...?

Mr. Biondi: Without Mr. O’Neill’s.

President Greenbaum: Without Mr. O’Neill’s bill? Is there a second to that Motion?

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Sherry did you have an answer to the question related to the Verizon bills?

Mrs. Jenkins: Yes, actually I pulled both of the bills and went through every invoice and there are balances on here and we do have a report in here that shows figures that prove out to the bills. If you want I can just literally just show it to you Steve, or we can do it later.

Mr. Rattner: Yes, you can show it to me now because I have it here too. I can tell you which bill, which account and how they credited each one of them.

Mrs. Jenkins: Well, then we must be talking about different bills because I just went through them.

President Greenbaum: You know what? Let’s take a two minute recess until....so Mr. Rattner and Sherry can locate the.....Okay, back on the record. So the Motion was to approve the Bill List, absent the bill for Mr. O’Neill. The question was raised with respect to the Verizon bills which we have been told have already been paid and that we will get on the 22nd an explanation of Mr. Rattner’s questions. So with that, the Bill List being moved, does anyone have any other issues? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report

Mr. Prill: No report.

President Greenbaum: Do you know when the August meeting is for the Library Board?

Mr. Prill: I don’t know the specific date.

Mr. Tepper: They cancelled it already.

Mr. Biondi: The cancelled it already.

Mr. Tepper: It is out on the board.

Mr. Biondi: They cancelled it a week ago.

Mrs. Labow: You can’t yell at me this time.

President Greenbaum: Do we know why the meeting was cancelled?

Mr. Biondi: I guess just arbitrary and capricious decision again, by your friend and mine.

OLD BUSINESS

Status of Library Grant Monies to be Turned Over to Twp.

President Greenbaum: Sherry, did you have a chance to speak to Lynn Miller, the Attorney?

Mrs. Jenkins: She hasn’t called me back.

President Greenbaum: Okay, I am going to put a call into her tomorrow.

Mr. Prill: Mr. Greenbaum.

President Greenbaum: Yes.

Mr. Prill: I did check with Mrs. Hilbert today with regards to this matter. The response that I got back was that the Library Board Attorney has supposedly reached out to Mr. Dorsey and is waiting for a return call.

President Greenbaum: No, I actually spoke to her. I had a very lengthy conversation, a very good conversation with her and I was able to educate her on certain things which were going on in the Township related to those monies. I indicated that she needed to speak to the CFO to find out exactly how the monies have been accounted for and the accounting procedure that had been put in place because she was unaware of a number of different issues. I had asked Sherry to speak to Mrs. Miller and I guess Sherry has put a couple calls in but has not spoken to Mrs. Miller yet. I will put a call into Mrs. Miller tomorrow. I indicated to Mrs. Miller that the Council would certainly agree to reassure the Library that if the State requested money back related to the grant money that that would be the Township’s responsibility once the money is turned over. That is not the issue here but it was an accounting issue related to the way the account had originally been set up and that is where we are at and she suggested a sit down meeting. I said I had absolutely no problem with that and hopefully the whole thing will be resolved shortly once we get a return phone call from Mrs. Miller.

Status of Kings Village Issues

Mr. Buell: Still haven’t heard back.

Status of Charters Farm

 

 

Mr. Prill: Kathy Murphy and I had met with three vendors requesting them or discussing with them their interest in submitting proposals, revised proposals. We have received one revised proposal we are waiting for the other two vendors to provide their proposals to us. Kathy was reaching out to them to find out the status of their submitting those proposals. So hopefully by the next meeting we should have something coming back to Council with regards to that project.

President Greenbaum: Okay, we will leave it on Old Business. When do you expect to have something to come back to us with?

Mr. Prill: I am hopeful, that the other two vendors will have their proposals to us before the next meeting and maybe we can get back and review that with Council.

President Greenbaum: We will leave that on for the 22nd.

Status of Mine Hill Road Improvements

Mr. Prill: Washington Township is currently in the process of making some drainage repairs on the roadway and Tim is in the process of scheduling milling and repaving that as far as a fall project with the other road work that will be done.

President Greenbaum: When are we likely to see the beginning of that project, are we talking about September or October?

Mr. Prill: I would expect that timeframe. Tim has to work with Tilcon who is the contractor through the Morris County Co-op program in terms of scheduling the work to be done.

President Greenbaum: I will leave it on for the second Public Meeting in September for an update on where we stand. I would ask Mr. Quinn to attend that meeting at the present time if the work has not yet begun. If the work has begun, then Mr. Quinn’s attendance would not then be required. Any other Old Business?

NEW BUSINESS

President Greenbaum: Any New Business?

Mr. Buell: Yes, at this point in time I think we need to do something about the Mount Olive Township versus Mayor De La Roche, Council, Lashway, and Ruggierio. I think we should authorize the continuation of paying the legal bills for Levine and authorize no other further legal bills for any other attorney to be paid.

President Greenbaum: Mr. Dorsey, do you want to prepare such a resolution?

Mr. Dorsey: Well, it is perfectly good the way Mr. Buell stated it. If you want me to memorialize it in paper, I shall. Perhaps there should be a second to that motion and....

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Motion is on the table, is there any discussion? Is there anyone from the public who wishes to be heard? Roll Call, on the Resolution raised by Mr. Buell.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner abstained and Mr. Greenbaum voted No.

President Greenbaum: The Resolution passes. Any other New Business?

Mr. Rattner: Yes, two things. One I wanted to bring up just for an explanation, we get a financial status report from the CFO each month on schedule and I have some worries about what it means, looking at where revenues come in and where we usually replenish our surplus. You know some of the thing that we did in the budget last year and I think we are in deep doo doo. Things are just not working, nothing is working I think to our advantage. I don’t think it is appropriate now and probably not in the right mind to discuss anything like that at this point but maybe schedule for the next meeting Mr. Rattner (cont’d): to say where we are because maybe the first meeting in September. We will have eight months of the year, where we think the revenues are going to come in especially the miscellaneous revenues, where we think are the tax appeals, where we think they were going to be and we will probably get a handle on whether we are going to have any surplus left over by the end of the year in the different expense accounts. Now normally, we close out the accounts at the end of the year for unspent money. After what we heard at the last meeting that we may even be short in paying some of the 2005 bills that we are paying now. So I think we really have to start looking at that.

President Greenbaum: I will put it on for the first meeting in September.

Mr. Rattner: The report was good, it was just that it scared me. The other thing is and it relates to the Highlands. Two things, one, I noticed because I got the Minutes. There was meeting in Chester attended by the new Commissioner of the DEP and the reason of the meeting was to bring back to the Governor exactly the concerns, the impact for this region on the Highlands. Looking at the Minutes I didn’t see anything from any comments or anything brought forward from Mount Olive. I asked people that were there, they don’t remember but it doesn’t really mean anything. That was two months ago. I would just like to know were we there and did we give Lisa Jackson the impacts as other towns did to Mount Olive on the Highlands having on the town, whether it be budgetary, whether it be to people trying to move business that type of thing. That’s number one. There is something else that came up. A couple of weeks ago because of the Highlands asking for extensions to what they are doing with the Master Plan and saying that they had to make some map adjustments. They opened up the mapping and they requested comments from all the different stakeholders. Were there any changes that we would propose in the map? Now I know last year Mr. Casey attended a couple of meetings, I believe, with Catherine and actually put down saying areas like the Trestle Plaza property over where Target is so that they could expand. The issue we have with Gividuan Roure, you know things that made sense that the lines didn’t go forward. Since they announced on the 17th of July, I don’t know how long it is going to be opened. I just want to make sure that we don’t lose that window. Have we done anything or have you been made aware of it, or what is going on with that?

Mr. Prill: Well, Catherine has been attending each of the Highlands meetings. She has not brought back to me any specific information with regards to the mapping issue. I will discuss that with her and talk to Mr. McGoarty also to see if there are any recommended changes that they feel that we should be pursuing.

Mr. Rattner: That is extremely important. We think there was a DEP mistake that it opened up the window but Mr. Casey last year went even though he couldn’t do anything, laid the ground work where he thinks there was natural boarder lines, using 206 as a natural border line and saying that is our commercial zone, this is where it fits in and it doesn’t affect the water. I just want to make sure we get it in. If they announced it on the 17th, they usually don’t give you much more than 30 days. I just want to make sure that gets in there and if Catherine isn’t aware of it herself, I will have somebody from the County call directly because I know they have been working with other towns on it.

President Greenbaum: Is that it Mr. Rattner?

Mr. Rattner: Yes.

Mrs. Labow: I have two questions. One Mr. Prill, I don’t know if we can do anything about this or not? We have talked about in the back, where the gas tanks or the gas pumps are and we have to redo that whole entire area and one minute it is Tim, DPW project, one minute it’s not, back and forth. I just wanted to know if we could perhaps think about maybe setting up an agreement with local gas stations, where we get our Municipal vehicles filled at a gas station with either a credit card or a debit card, however you want to work it instead of actually spending that money to redo that section back there and I have a feeling that we have a lot more gas stations in town. We have several that opened 24 hours and maybe we might want to.......

Mr. Tepper: We don’t pay the tax on the gasoline.

Mrs. Labow: Right, we don’t pay the tax for the gasoline for there.

Mr. Tepper: We would through the gas station.

Mrs. Labow: No, we could work it out I believe. Mr. Dorsey, could we get tax exemption through purchased gas at the local gas stations instead of redoing our pumps in the back?

President Greenbaum: How are you going to do that. Are you going to have special pumps set up for Municipal vehicles only.

Mr. Tepper: Or you can ask for a credit, you could do it and get a credit.

Mr. Rattner: They do it for governments.

Mr. Dorsey: Sure, you can be tax exempt.

Mr. Rattner: What you do, the actual way that it would work, is that you would get a credit card for every vehicle. This way it can only be used for that vehicle, the taxes are already deducted when Shell or Texaco or whatever bills you and that’s what’s doing it there. We have enough 24 hour gas stations.

Mrs. Labow: I am just thinking in terms of we could eliminate a huge expense and cost and maintenance and the State, all the regulations we have to keep up with all the time and I am thinking do we really want to be in the gas station business, kind of a thing? Just a suggestion if we could check it out.

Mr. Rattner: We would have to look at it. We don’t know what the other issues would be.

Mrs. Labow: That is why I am asking if he could check into that and see if that is a possibility because that could save us a substantial sum of money.

President Greenbaum: Put it on for the first Workshop in September.

Mrs. Labow: The only other question I had, I would have to ask Mr. Tepper. We all received a letter from the Yoga Studio in Flanders. They have had an issue and they weren’t able to get their approval because of the septic system. Did you tell me that they came to the Planning Board and the Planning Board gave them some kind of a waiver?

Mr. Tepper: The Planning Board spoke about whether the only approval they needed was the inspection of the Fire Marshal and my comment back to them was that it was a health issue that the Planning Board in my opinion was not empowered to overrule, that it required the concurrent support of the Health Department and if they didn’t get that, we as a Planning Board cannot override that.

Mrs. Labow: Okay, so they didn’t take action on that?

Mr. Tepper: They have not.

Mr. Dorsey: That was good legal advice.

Mr. Tepper: I did not structure it as legal advice. It was a personal thing.

Mr. Dorsey: Well, it was. I am complimenting you. Mr. Buell did a good resolution tonight. Maybe Mrs. Labow can........

President Greenbaum: What is the penalty for the unauthorized practice of law?

Mr. Tepper: That’s why I clearly stated I was not practicing law, Mr. Greenbaum.

Mrs. Labow: I just wanted, if I could at this point since I brought this up at this section. I just want to give an update on this situation. They did go before the Zoning Board. They were given the approvals from there but then they had to go to the Board of Health. We could not give them the approvals on that because the septic was only for a residential single use. They are coming before the Board of Health meeting because what they want to do now...........

Mr. Tepper: Ask for waivers, they are not going to get it.

 

 

Mrs. Labow: No, they are not looking for that. They are going to ask for an extension while the Yoga Studio looks to relocate their business. However, they could also possibly expand the septic system. Then they could actually stay right there. I just wanted to put it on the record what the status is so if they go before any other boards we cannot override the DEP. We cannot give them a waiver from the DEP.

President Greenbaum: Any other New Business?

LEGAL MATTERS

Mr. Dorsey: No.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: Meeting was cancelled for non attendance believe it or not.

Board of Health Report

Mrs. Labow: I basically just gave it and we are going to be meeting this week. I do want to state though in further detail possibly next time, that we are very fortunate right now. We now have three interns that are working with the Board of Health right now. Today, I know today they were over at the Flanders Shoprite and having an intern on board does cut down on the inspection time. We are very fortunate that we are able to take advantage of having the interns, interning here in our Township.

Planning Board Report

Mr. Tepper: We meet Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: Absent.

Open Space Committee Report

Mrs. Labow: We meet next week

Legislative Committee Report

Mr. Biondi: I was expecting a report. I contacted Guy Gregg’s office a week and half ago. I was promised a report this week on those three traffic issues. None was forthcoming and I will make sure I have it for the next meeting.

Pride Committee Liaison Report

Mr. Perkins: Absent.

Board of Education Liaison Report

Mr. Buell: They don’t meet until August the 14th.

Lake/Environment Issues Committee

Mrs. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: Absent.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mr. Tepper: Also meets on Thursday. What’s this? Thursday has now been rescheduled now to the 17th, thank you.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public for anyone who wishes to speak. Seeing none, I will close it to the public.

COUNCIL COMMENTS

President Greenbaum: Are their any final comments?

Mr. Prill: Nothing further.

Mr. Tepper: No, I think enough has been said.

Mr. Buell: No.

Mr. Biondi: Enough said.

Mrs. Labow: Just really quick because I forgot to bring it up before. When I stopped home before I came to the meeting, I had an invitation from the Mount Olive Public Library and tomorrow it says “The Mount Olive Library cordially invites you to join us on Wednesday August 9th for a positively perfect grand finale” the Grand Finale of their 2006 summer reading program and that is going to be from 6 to 8 pm tomorrow on the Library lawn and there is going to be games and Mr. Biondi will be present as the petting zoo recipient. Just kidding.

Mr. Biondi: Is that right?

Mrs. Labow: Refreshment and prizes.

Mr. Biondi: All those nice things I said about you before the meeting started, I take every one of them back.

Mr. Rattner: So many words but I won’t use any tonight.

Mr. Dorsey: I have nothing.

President Greenbaum: Motion to Adjourn.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:54 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 August 22, 2006.

__________________________________________
Lisa M. Lashway, Township Clerk
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