Mt. Olive Township Council Minutes
August 22 , 2006

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:04 pm by Council Vice President Steve Rattner 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. Perkins, Mr. Rattner,
Mrs. Labow

Absent: Mr. Greenbaum

Also Present: Rick Prill, Business Administrator; Sherry Jenkins, CFO;
John Dorsey, Township Attorney; Michelle Masser, Deputy Clerk

Public Hearing - Morris County Open Space and Farmland Preservation Trust Fund

Mr. Rattner: Mr. Greenbaum had to leave, he was excused. People noticed he was here for most of the work session. The first thing we have on the Agenda tonight is the public hearing on the Morris County Open Space and Farmland Preservation Trust Fund. I guess, Kathy, you are going to describe this one? I guess I have to open the public hearing to:

• Block 4400 Lot 79

Mr. Rattner: Which piece of property is that?

Mrs. Murphy: That is Black Brook Greenway.

Mr. Rattner: Okay.

Mrs. Murphy: The second piece is called Silver Springs.

Mr. Rattner: The other one is:

• Block 900 Lot 39

Mrs. Murphy: Not 900 Lot 39. It is 5002 Lot 10 and there are two lots by the same owner, 5300 Lot 10.

Mr. Rattner: Hold on because we have a miss mark. Let’s get it right on the Agenda. The first one is Block 4400 Lot 79.

Mrs. Murphy: Correct.

Mr. Rattner: That is which property?

Mrs. Murphy: Black Brook Greenway.

Mr. Rattner: Black Brook, Greenway and what are the other properties?

Mrs. Murphy: There is Block 5002 Lot 10 and 5300 Lot 10.

Mr. Rattner: And which.......

Mrs. Murphy: That second two properties, are by one owner and we call that Silver Spring extension.

Mr. Biondi: What is Block 900 Lot 39?

Mrs. Murphy: That was not going to be considered this year.

 

Mr. Biondi: That is what is on here.

Mr. Rattner: This is a legal requirement that we have a public hearing for anybody who wants to speak for, against, or just to ask for information about these two projects. This is so we can submit these applications to the Morris County Open Space Trust to get funding so we can complete these. We have been very successful in the past. Is there anybody from the public that would like to address either one of these projects? Seeing none, I will close the public hearing. Now as soon as you get the Minutes you need to put that....

Mrs. Murphy: Yes, we have both the legal advertising done. That was all correct and we will submit that as an addendum to the grant application that has already been filed.

Mrs. Labow: I just wanted to say as the Council Liaison to the Open Space Committee that the Committee has worked very, very hard in identifying key properties that we feel will be successful in our application process. I want to thank Kathy for all the hard work she has done on the Committee and for bringing this to the Council.

Mrs. Murphy: Thank you.

Mrs. Labow: Thank you.

Questions on Bill List?

Mr. Rattner: Okay, moving right along, questions on the Bill List. Does anyone have any questions on the Bill List for tonight? Ahhh, everybody gets to pass. Mr. Prill and Mrs. Jenkins, this is your lucky night.

Mr. Tepper: I had questions, I called and they were answered during the day.

Mr. Prill: I appreciate that, thank you.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

July 25, 2006
Present: Mr. Buell, Mr. Tepper, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Greenbaum

Absent: None

Aug. 8, 2006
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner
Absent: Mr. Perkins

Aug. 8, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner
Absent: Mr. Perkins

Mr. Rattner: Approval of Minutes from previous meetings, we have the July 25th, August 8th, and the August 8th Closed Session. Mr. Tepper, do you want to move those?

Mr. Tepper: Yes, Mr. Vice President. I would like to approve the Minutes of the meetings of July 25th, August 8th, and the August 8th Closed Session.

Mr. Perkins: Second.

Mr. Rattner: Okay, any further discussion, all in favor?

AYE

Mr. Perkins: I am abstaining on the August 8th, Closed Session.

Mr. Rattner: Thank you.

 

 

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received August 17, 2006, from Woodmont Properties regarding redevelopment of the Combe Fill North Landfill.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

2. Resolution received August 11, 2006, from the Borough of Netcong urging the New Jersey Attorney General and the State of New Jersey to Provide for Defense and Indemnification of Municipal Police Officers and Police Departments Voluntarily serving on State and County Law Enforcement Task Forces.

LEAGUE OF MUNICIPALITIES

3. Letter received August 14, 2006, from the New Jersey State League of Municipalities regarding League Seminar on Present Day Gangs.

4. Letter received August 14, 2006, from the New Jersey State League of Municipalities regarding a League Labor Relations Seminar on Interest Arbitration Reform and Strategies.

5. Letter received August 17, 2006, from the New Jersey State League of Municipalities regarding the Annual Business Meeting.

6. Letter received August 17, 2006, from the New Jersey State League of Municipalities regarding 2006 League Conference Resolutions.

DOT / DEP / LOI

7. Letter received August 7, 2006, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive Community Bible Church, Block 4, Lot 3 (Flanders Drakestown Road).

8. Letter received August 7, 2006, from the State of New Jersey, Department of Environmental Protection regarding Wyndham Pointe Housing Development – Physical Connection Permit.

9. Letter received August 11, 2006, from Larry Kron regarding Block and Lot correction for Mount Olive Community Bible Church Block 7900, Lot 3.

10. Public Notice received August 14, 2006, from Jersey Central Power and Light regarding Request for NJDEP Freshwater Wetlands General Permit.

11. Letter received August 16, 2006, from EcolSciences, Inc. regarding Application for an Extension of a Statewide General Permit Number 11 and Extension of a Transition Area Waiver – Averaging Plan Block 4400, Lots 86 & 108 (Toll NJ – Morris Hunt)

12. Letter received August 16, 2006, from Careaga Engineering Inc. regarding Borough of Netcong, Well House #2 Block 4300, Lot 18 (1 International Drive South)

LETTERS FROM LEGISLATIVE REPRESENTATIVES

13. E-mail received August 4, 2006, from Congressman Frelinghuysen regarding Tours of Superfund sites and July job gains.

14. E-mail received August 11, 2006, from Congressman Frelinghuysen regarding suspected plot to bomb airliners.

TORT

15. Civil Action Summons received August 8, 2006, from Superior Court of New Jersey, Morris County regarding Oakwood Garden Associates vs. Township of Mount Olive, Canger Engineering Associates, John Does 1-10 and ABC Corporations 1-10.

COAH

16. Letter received August 10, 2006, from the State of New Jersey, Council on Affordable Housing, regarding Mount Olive Township amendment to the Township Housing Element and Fair Share Plan.

17. Letter received August 17, 2006 from the State of New Jersey, Council of Affordable Housing requesting additional information with regard to Mount Olive’s petition for third round substantive certification.

UTILITIES

18. Notice received August 7, 2006, from Pivotal Utility Holdings, Inc. d/b/a Elizabeth Gas regarding Public Hearings.

19. Letter received August 8, 2006, from Cingular regarding Oakwood Village, Site Address: Mt. View Way/Oakwood Village.

20. Letter received August 8, 2006, from Cingular regarding Camelot Drive.

21. Letter received August 11, 2006, from Malick & Scherer, P.C. regarding Jersey Central Power and Light Company, Drakestown Substation Block 8400, Lot 3 (6 Naughright Road)

22. Letter received August 17, 2006, from New Jersey Natural Gas regarding Petition to Change its Societal Benefits Charges Universal Service Fund and Lifeline Rate and 2006/2007 Annual Compliance Filings for Annual Compliance Filings for the Universal Service Fund Program Factor within the Societal Benefits Charge Rate Pursuant to Section 12 of the 1999 EDECA Act.

23. Letter received August 18, 2006, from JCP&L regarding the annual proposal for Basic Generation Service.

Mr. Rattner: We have Correspondence. We have 23 items of Correspondence since the last meeting. Does anyone have any comments or questions on any of the Correspondence?

ORDINANCE FOR PUBLIC HEARING

Mr. Rattner: Moving right along. We have no Ordinances for public hearing.

ORDINANCES FOR FIRST READING (2nd reading September 26, 2006)

Mr. Rattner: The first Ordinance on the Agenda is Ordinance #25-2006 entitled:

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

Mr. Buell: I move that Ordinance #25-2006 be introduced by title, and passed on first reading, and that a meeting be held on September 26, 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. Perkins: Second.

Mr. Rattner: Any further discussion? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: The next item on the Agenda for first reading is Ordinance #26-2006 entitled:

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

 

 

Mr. Biondi: Mr. Vice President. I move that Ordinance #26-2006 be introduced by title, and passed on first reading, and that a meeting be held on September 26, 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. Perkins: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: The next item on the Agenda is Ordinance #27-2006 entitled:

Ord. #27-2006 An Ordinance of the Township of Mount Olive Regulating the Placement of Newspapers on Private Property.

Mrs. Labow: I move that Ordinance #27-2006 be introduced by title, and passed on first reading, and that a meeting be held on September 26, 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. Perkins: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Defeated - Mr. Rattner, Mrs. Labow, Mr. Buell voted yes and Mr. Biondi,
Mr. Perkins, Mr. Tepper voted No.

Mr. Rattner: I guess that went down huh?

Mr. Dorsey: It went down three-three. It is not introduced.

Mr. Rattner: The next item on the Agenda is the one I couldn’t find and it was right here on page three. Okay, the next item on the Agenda for first reading is Ordinance #28-2006 entitled:

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

Mr. Perkins: Thank you, Mr. Vice President. I move that Ordinance #28-2006 be introduced by title, and passed on first reading, and that a meeting be held on September 26, 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. Tepper: Second.

Mr. Rattner: 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 Mount Olive Authorizing Charlie Wood Uhrmann to Apply to the Zoning Board of Adjustment for a Permit to Erect a Sign at the Veteran’s Memorial.

2. Resolution of the Township Council of the Township of Mount Olive Extending the Time for the Completion of Improvements in Connection with Wyndham Pointe Section 4.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Preliminary and Final Site Plan Approval Between the Township of Mount Olive and Lutheran Social Ministries of New Jersey, Application 05-49 ZBA.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Closing of a Portion of Sandshore Road on Saturday, September 16, 2006, for the 2006 ITCA Triathlon.

5. Resolution of the Township Council of the Township of Mount Olive RE: New Jersey American Water (NJAW) to Provide Water Service to the Morris County Solid Waste Transfer Station on Goldmine Road.

6. Resolution of the Township Council of the Township of Mount Olive, Morris County Authorizing a Professional Service Contract with Tom Hitchins, Architect, for Services Related to the Baptist Church and Academy Restoration.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Click it or Ticket Grant of $200.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 1503, Lot 19 – Donation.

9. Resolution of the Township Council of the Township of Mount Olive Supporting the Statewide “You Drink and Drive, You Lose” Crackdown.

10. Resolution of the Township Council of the Township of Mount Olive Regarding Volunteering Police Officers to the Morris County Prosecutor’s Task Forces.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing an Interlocal Services Agreement with the Township of Jefferson for the Provision of Electrical Subcode Official Services Pursuant to the Interlocal Services Act (N.J.S.A. 40:8AAA-1 et seq.)

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

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes for Property Deeded to Mt. Olive Township.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing Mayor De La Roche to Execute an N.J.P.D.E.S./D.S.W. Renewal Permit Application for the Musconetcong Sewerage Authority’s Water Pollution Control Plant.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Robert Cooper of Landmark Appraisal for Appraisal of Block 5202 Lot 10 and 5300 Lot 10

Mr. Perkins: Yes, Mr. Vice President. I would like to remove Consent Resolution #5.

Mrs. Labow: I would like to remove #1.

Mr. Rattner: I would like to remove #11. Mrs. Labow, would you move Consent Resolutions #2, 3, 4,
6- 10 and 12-15.

 

Mrs. Labow: I move Resolutions #2, 3, 4, 6 - 10 and 12-15.

Mr. Perkins: Second.

Mr. Buell: #12 - 16?

Mr. Tepper: No, #15 we........

Mrs. Labow: Revised one.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Rattner: Is there anyone from the public who would like to address those specific Resolutions?

Nelson Russell, Budd Lake: I would like some more information on Resolution #12. About what the particular change order deals with, and what it is going to cost.

Mr. Rattner: Mr. Prill, you had a memo on that so you had all the numbers.

Mr. Prill: The actual cost on this change order is $21,859.80.

Mr. Russell: What is it for?

Mr. Prill: What is it for?

Mr. Russell: What is the change?

Mr. Prill: It is outlined in the Resolution. Do you have a copy of that?

Mr. Rattner: Mr. Russell, that is what the discussion was about six or seven minutes ago when we were talking Suburban.

Mr. Tepper: Waste Water management, Stormwater........

Mr. Rattner: It was the Stormwater and going back to the original...

Mr. Russell: Is that the same one or is this a different one?

Mr. Rattner: Oh no, that is the same one. We just discussed it...

Mr. Tepper: That was the Workshop.

Mr. Rattner: Are you satisfied, Mr. Russell?

Mr. Russell: Yes.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Rattner: Okay, anyone else from the public? I close the public portion on those Resolutions.

Mr. Tepper: We are up to voting.

Mr. Rattner: No, we are up to Council discussion, none. Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

Mr. Rattner: Now we come to the Non Consent Resolutions. The first one we have is #1. Mr. Perkins, would you move that one?

 

 

Mr. Perkins: Yes. I move for adoption of Consent Resolution under Non Consent Resolution:

1. Resolution of the Township Council of the Township of Mount Olive Authorizing Charlie Wood Uhrmann to Apply to the Zoning Board of Adjustment for a Permit to Erect a Sign at the Veteran’s Memorial.

Mr. Buell: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

Mr. Rattner: Moved and seconded. Is there anyone from the public who would like to address?

Bill Sohl, 29 Netcong Road, Budd Lake: I don’t know why it was moved from the Consent Resolution but if anybody’s has a question I am ready to......

Mrs. Labow: I moved it. I wanted to see a picture of it, I thought you had it?

Mr. Sohl: I showed it before.

Mr. Biondi: Yeah, you were outside.

Mrs. Labow: I was outside when you showed it, so I didn’t get to see it.

Mr. Tepper: You missed out.

Mr. Biondi: You snooze, you loose you know.

Mr. Sohl: It was the same one we had up at Community Day. It was up inside the tent, it’s about three and a half feet tall by about six feet wide.

Mr. Biondi: Trust me, it is beautiful. Say yes.

Mr. Tepper: She can’t say yes, it will be a six to one vote.

Mrs. Labow: I don’t have a problem with it. I knew he had it and I didn’t know he showed it when I was out of the room.

Mr. Tepper: We want to get through the meeting.

Mr. Biondi: He has extra work now.

Mrs. Labow: Thanks Linda.

Mr. Tepper: Delay the meeting now by several minutes.

Mr. Rattner: Okay, Roll Call.

Mrs. Labow: Wait a minute she is speaking don’t be so rude.

Mr. Sohl: Steve tried to save some time, and he said why don’t you show them now.

Mrs. Labow: Very good thank you. I wasn’t in here I just wanted to see it thank you.

Mr. Sohl: Any other questions?

Mr. Rattner: Anybody else from the public? I close the public portion.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Rattner: Anyone from the Council?

ROLL CALL: Passed Unanimously

 

Mr. Rattner: Okay, Resolution #5 Mr. Buell, would you move that one?

Mr. Buell: I move Resolution #5:

5. Resolution of the Township Council of the Township of Mount Olive RE: New Jersey American Water (NJAW) to Provide Water Service to the Morris County Solid Waste Transfer Station on Goldmine Road.

Mr. Tepper: Second.

Mr. Rattner: Anyone from the public that would like to address the Council on Resolution #5? Seeing none, I close the public portion. Any Council comments?

Mr. Perkins: Yes, thank you Mr. Vice President. As I mentioned during the Workshop portion, that without the sketch knowing how they are going to get the water facilities up to the transfer station. I would like to withhold final approval pending receipt of that which was inadvertently left out of the packet.

Mr. Tepper: Can we table it?

Mr. Dorsey: Make a motion to table it Ray.

Mr. Rattner: Oh, I thought you said you would do it subject to?

Mr. Perkins: I would do it subject to getting the paperwork. I don’t know, do you have it?

Mr. Biondi: I would rather table it.

Mr. Perkins: I make a motion that we table it then.

Mr. Tepper: Second.

Mr. Dorsey: No comments on the tabling.

Mr. Tepper: Yes, to table.

ROLL CALL: Passed Unanimously

11. Resolution of the Township Council of the Township of Mount Olive Authorizing an Interlocal Services Agreement with the Township of Jefferson for the Provision of Electrical Subcode Official Services Pursuant to the Interlocal Services Act (N.J.S.A. 40:8AAA-1 et seq.)

Mr. Rattner: Okay, Resolution #11, Mr. Biondi.

Mr. Biondi: I move the Resolution #11.

Mr. Perkins: Second.

Mr. Rattner: Anyone from the public who would like to address the Council on that Resolution? Are there any Council comments? I just ask that it be taken off just because I am not going to be voting for it. Mr. Prill, I believe I sent a copy to everybody else about it, just for the reason for experience that I have had in the past. Saying that, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Rattner, Mr. Perkins,
voted no.

Mr. Rattner: Okay, we have one more Consent Resolution. Something came up. It was actually this afternoon at about 3:20 when we realized that a Resolution that was sent to the Clerk, never made it to her office. However, other people had it. Mr. Dorsey re-wrote it while he was here and so we can act on it if we so choose.

 

 

 

Mr. Dorsey:

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
MOUNT OLIVE RETAINING BRIAN LEVINE, ESQ. TO REPRESENT THE TOWNSHIP CLERK IN CONNECTION WITH THE RECALL PETITION

WHEREAS, approximately 4,000 voters signed petitions calling for the recall of Mayor Richard De La Roche, which petition was filed in accordance with the appropriate Statutes with the Township Clerk and which Statutes require the Clerk to exercise her judgment before certifying the petition; and

WHEREAS, it is common that in connection with petitions of this nature those signatures are challenged, legal actions are pressed; and

WHEREAS, the Township Attorney because of certain ethical restrictions is required to recuse himself from representing the Township Clerk in connection with that litigation.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive that it does hereby retain Brian Levine Esq. who is a recognized municipal attorney and who has previously represented the Township Council to represent the Township Clerk in the event that there is litigation filed relative to the recall process and that he be paid at the same rates as the Township Attorney.

Mr. Rattner: Does somebody want to move that?

Mr. Tepper: I will move that.

Mr. Rattner: Mr. Tepper moved that, I heard him first. Does somebody what to second it?

Mrs. Labow: Second.

Mr. Rattner: Ahhh, she beat you John. Mrs. Labow seconded it. Anybody from the public who would like to address the Council on this Resolution? Seeing none, I close it to the public portion. Anyone from Council?

Mr. Buell: Yes, I just wanted to let you know that I was at the press conference this afternoon where the Mayor objected to Mr. Levine being appointed to represent the Township in this capacity because of conflict of interest based upon, I suspect because of Ruggierio litigation.

Mr. Biondi: Where is the conflict?

Mr. Dorsey: It’s not a conflict.

Mrs. Labow: It’s not a conflict.

Mr. Rattner: Okay, no other comments? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

Mr. Rattner: Okay, now we come to Motions, Motion #1.

1. Approval of Raffle Application #2151 & #2152 for the Parents Club Mt. Olive High School and Raffle Application #2153 for the Budd Lake First Aid & Rescue Squad.

Mr. Tepper: Thank you. I move that we approve the Raffle Application for the #2151 & #2152 for the Parents Club Mt. Olive High School and Raffle Application #2153 for the Budd Lake First Aid & Rescue Squad.

Mr. Perkins: Second.

Mr. Rattner: Any discussion Roll Call.

 

ROLL CALL: Passed Unanimously with the exception Mrs. Labow abstains from #2151 and #2152.

2. Bill List

Mr. Buell: I move the Bill List.

Mr. Perkins: Second.

Mr. Rattner: Any discussion? Anyone from the public that would like to address it?

Nelson Russell, Budd Lake: This is an observation. The last item on page #11, $65,424.00 for the purchase of a Crown Vic. We didn’t get any bargains on that did we? You can drive a Lincoln for......

Mr. Rattner: That’s three of them.

Mr. Russell: That’s three of them.

Mr. Rattner: That’s three of them. It is under State contract.

Mr. Biondi: That’s not one, that’s three.

Mr. Russell: We did get a bargain, thank you.

Mr. Rattner: Anyone else? Seeing none, I close the public portion. Any other comments from the Council? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report

Mr. Rattner: First, is there any report from the Library from the Mayor, Mr. Prill?

Mr. Prill: They have not had any meeting this month. There is a special meeting that I saw, that is being called for the 29th. I believe that is to take action on the parking lot.....parking install bids that were received today.

Mrs. Labow: How many did we receive?

Mr. Prill: Do you want me to report on that now? That is coming up in a minute or two.

Mr. Labow: Alright, sorry.

Mr. Tepper: That is Old Business further down.

Mr. Rattner: Okay, any other Administrative matters Mr. Prill?

Mr. Prill: No.

OLD BUSINESS

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

Mr. Prill: Mrs. Jenkins is having a discussion with the Library Board Attorney. I believe that some information was passed onto the attorney but she hasn’t heard anything back since that conversation.

Mr. Rattner: Thank you, I guess we just continue to put it back on there so we don’t lose track of it.

Status of Kings Village Issues

Mr. Buell: I still have not heard back from the Kings Village Association. We have sent them a letter. I have called them twice and asked if they wanted to come and respond to us and we are still waiting for their first response. I will try to re contact them.

Status of Charters Farm

Mr. Prill: We still have not received formal response back from two of the vendors that we have previously talked to. I mean, we have gotten one response in, we are waiting for the other two, and then our understanding is that they are just finalizing their proposals. So I am hopeful that we will get it in soon.

Mr. Rattner: Based on the one response that you got, are you hopeful? In other words does it look good, or basically......

Mr. Prill: The one response that we did receive was one of the previous bidders. His price did come down a little bit but not a lot. We are anticipating that at least one of the other two is going to come in with a much more competitive....

Mr. Rattner: Oh, just hoping one of them, you said competitive, if it looks good because one of them did, okay.

Mr. Prill: Well, we are hoping that one of them that we are waiting for is....

Library Handicapped Parking

Mr. Prill: I did receive an email from Rita indicating that one bid was received this morning. The amount of that bid was $118,356.00.

Mr. Rattner: What was the bid last time?

Mr. Prill: They did not receive any. They had not received any bids.

Mrs. Labow: They didn’t get it.

Mr. Rattner: Oh, that’s right we only had the engineers estimate.

Mr. Tepper: Wasn’t that about $40,000?

Mr. Labow: Yes, the estimate was between $45,000 and $53,000 I think it was to have it done.

Mr. Tepper: How much would it cost just have Public Works go over there......

Mrs. Labow: Well, it wasn’t just a matter of just putting the parking spots in. There was a lot more involved. They needed to extend the sidewalk and they were going to have to move......

Mr. Rattner: It’s not $100,000 worth of work.

Mrs. Labow: No its not but it is not just a matter of putting in two handicapped spots either. There was other work that was going to be done.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: There was no meeting.

Mr. Buell: What about new business?

LEGAL MATTERS

Mr. Rattner: Oh, do we have any legal matters?

Mr. Dorsey: No, not tonight.

Mr. Rattner: I already knew that.

Mrs. Labow: New Business?

 

NEW BUSINESS

Mr. Rattner: Everybody says they want to get out. Okay, New Business.

Mrs. Labow: Well, you can’t skip over parts of the Agenda.

Mr. Rattner: I would get to it eventually but you won’t let me.

Mr. Buell: Yes. I would like to first, read into the record but I will just provide a copy of the Recall Act 19:27A-17 “Recall committees and contributions.” It is clear in the laws, at least in my reading of it not being a lawyer, at this point in time the Mayor should not be receiving support from any Township municipal employees or support from the municipal body at all. It has come to my attention, at least on two occasions, that the Mayor has had municipal employees working and doing research on his recall. I think those are issues that clearly should be reported as contributions. I don’t think the Township can report contributions to the Mayor’s recall committee or his defense committee. I would like to make a motion to launch an investigation as to whether or not any municipal employee, or on municipal time will be using any municipal equipment like computers, including the Mayor’s computer, that have been involved in this recall and what arrangements have been made. I think the Mayor needs to be placed on notice that the recall is his cost at this point in time and I would like to, as I said, I would like to have all the employees, at least in the Administration office recode and I would like to begin an investigation to ask them whether or not they have participated in this process.

Mr. Rattner: Mr. Buell, other than an investigation which who knows how long it takes and to set it up, wouldn’t it just be better, if we think something was done illegally, just to refer it to the prosecutor’s office?

Mr. Buell: Well, that’s one way but....

Mr. Rattner: Wouldn’t that be a heck of a lot more efficient?

Mr. Buell: I am looking at a memo, probably, was an email that was sent out by our computers to the newspapers announcing this press conference this afternoon by one of our employees using one of our computers.

Mr. Dorsey: Councilman Buell, undoubtedly you are correct. The Council is not really an investigatory body in this sort of thing. I think if it is referred to any place, it has to be referred to the prosecutor’s office.

Mr. Tepper: Let the recall committee do it.

Mr. Dorsey: Mr. Buell can do it himself. There is no reason he hasn’t? He has the evidence as usual. I mean if you want to do it, I frankly think that is the only way to have a real investigation.

Mr. Buell: Alright I will take it.....

Mr. Rattner: Are you satisfied with that Mr. Buell?

Mr. Dorsey: I mean it doesn’t say you are wrong. I just think that is the proper form for an investigation of that nature to occur.

Mrs. Labow: I have a question. Does it rise to a level of a crime if the Mayor uses employees for political purposes?

Mr. Dorsey: It may well.

Mrs. Labow: Okay and the prosecutor would be the one to make that determination?

Mr. Dorsey: Certainly not this body.

Mr. Rattner: Thank you Mr. Dorsey. Anybody else? Mr. Buell, are you finished with that subject?

Mr. Buell: Yes.

Mr. Rattner: Any other New Business? I knew I should have skipped over it.

Mr. Tepper: You got three minutes Steve.

Mr. Rattner: I am only kidding Mr. Buell, anything’s new. Okay, now we did Legal reports, now we come to Council reports. We already heard that there was no recreation.

Board of Health Report

Mrs. Labow: We met this past week. We have been testing for West Nile Virus so far there haven’t been any reports of West Nile Virus. Our new health inspector has been working out fantastic. He has been working very diligently, very hard. He has brought us pretty much up to date on most of our inspections. We have two interns which I met yesterday. We went on tour of the MSA facility which I thought was very enlightening and interesting. Tomorrow we are taking a tour of the Transfer Station. That’s about it.

Planning Board Report

Mr. Tepper: Planning Board met on Thursday. We spent the entire meeting reviewing the Hovnanian Development. Also, a piece of correspondence in each Councilmember’s mail, the Board has voted on a motion to discuss the lights at the school in Budd Lake and has basically made a recommendation that we consider moving it. Regardless of the fact that I don’t believe that it’s the purveyance of the Planning Board, and or this board to tell a private property owner about moving something that they were given authority and approval for previously. So be it.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you Mr. Vice President. Most of the items, applications were either withdrawn or rescheduled with exception of three that were approved. So it was business as usual.

Open Space Committee Report

Mrs. Labow: We don’t have a meeting in August.

Legislative Committee Report

Mr. Biondi: No report.

Pride Committee Liaison Report

Mr. Perkins: Yes, thank you Mr. Vice President. The Pride Committee is working on the new billboard down on 206 to get that ready for the autumn as well as the mums and the other plantings on the welcome sign.

Board of Education Liaison Report

Mr. Buell: The Board met last Monday night. They discussed primarily the new construction and the status of it. The new construction is on schedule, in fact, ahead of schedule. They expect it on, I think it’s September 20th the day the schools open that they will be able to occupy all 21 classrooms, all 10 science rooms and the new remodeled cafeteria, in fact, the entire remodeled building. That is the good news and they are actually scheduling some time this month, tours through the new building.

Lake/Environment Issues Committee

Mr. Rattner: The only thing that I have is that after the lake cleanup in May, the Lake Committee had a list of their observations. The Administration got back to us and itemized every item that we had on there, what the progress is or how it has been solved. Thank you very much Mr. Prill and thank the office that affected that.

Safety Committee Liaison

Mr. Perkins: No meeting, Mr. Vice President.

Finance Committee Report

Mr. Rattner: I have none.

Economic Development Committee Report

Mr. Rattner: There is none.

Solid Waste Advisory Committee Report

Mr. Tepper: They met. They will be making a recommendation to the Board and asking for Executive Session as to potential contract discussion but will provide a recommendation as to which organization to choose.

PUBLIC PORTION

Mr. Rattner: Now, we come to the public portion. This is the final chance you have to speak to us tonight. Anyone from the public who would like to address the Council?

Mr. Tepper: Why don’t we just give him a microphone and let him sit there?

Nelson Russell, Budd Lake: Ordinance #27-2006 was voted down. I was just wondering if I could get some of the reasons why Council members voted it down.

Mr. Dorsey: I think the primary one is the issue of enforcement. There are probably some constitutional issues because you run into the issue of the freedom of the press, disseminating newspapers, but more difficult, the practical thing is the enforcement of such an Ordinance.

Mr. Russell: Don’t we have littering ordinances to cover it?

Mr. Dorsey: I understand that. You asked why some people may have voted no and I told you the issues that were discussed before this ordinance was drawn. I have seen this type of Ordinance defeated in other municipalities for those reasons.

Mr. Russell: Okay, thank you.

Mr. Rattner: Thank you Mr. Russell. Anyone else from the public that wishes to address us? I close the public portion.

COUNCIL COMMENTS

Mr. Tepper: I have no further comment.

Mr. Buell: None.

Mr. Biondi: None.

Mrs. Labow: I have a list. No, just kidding, none.

Mr. Perkins: Thank you, Mr. Vice President.

Mrs. Labow: Oh, he has a list.

Mr. Perkins: Actually I do. I just have one comment I wanted to thank the Administration through the Department of Public Works. They assisted and they actually did the entire erection of the new sign at the Mount Olive Child Care and Learning Center. We had three gentlemen from the department that were there. They removed the old sign and erected the new sign. Rick, I want to thank you and the Director of Public Works for providing the personnel there, that is just a good example of how the government works together with some of the local civic organizations. Thank you.

Mr. Rattner: Is that it?

Mr. Perkins: Yes.

Mr. Rattner: I have none.

Mr. Rattner: Motion for Adjournment.

Mr. Perkins: So moved.

Mr. Buell: Second.

 

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:38 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 September 12, 2006.

 

 

 

____________________________________
Lisa M. Lashway, Township Clerk

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