Mt. Olive Township Council Minutes
February 14, 2006

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:32 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

Executive Session on Reval, BASF & Blue Atlas

President Greenbaum: I call the meeting back to order. We are going into our regularly scheduled meeting at which time, after the Open Public Meetings Act Announcement and Roll Call, we will be holding an Executive Session. It will be brief, on Reval and BASF issues and Blue Atlas. Lisa could you please read the Open Public Meetings Announcement once again?

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, Mr. Greenbaum
Absent: None

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

President Greenbaum: At this point Mr. Perkins, could you move us into Executive Session to discuss Reval, BASF, and Blue Atlas.

Mr. Perkins: Thank you, Mr. President. According to Section 7 & 8 of the Open Public Meetings Act I make a motion we move into Executive Session for the purposes of Reval, BASF, and Blue Atlas discussion.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: All in favor?

AYE

President Greenbaum: All opposed? Motion carries, we are going to go into Executive Session. It should be relatively brief at which point we will move through the rest of the Agenda with all due haste Okay, Mr. Perkins do you want to move us out of Executive Session?

Mr. Perkins: I make a motion we move out of Executive Session and back into normal session.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded, all in favor?

AYE

President Greenbaum: Mr. Prill, is the Mayor joining us this evening?

Mr. Prill: I haven’t heard from the Mayor, so I don’t know whether he will be attending or not.

Mr. Biondi: Two weeks in a row.

Questions on Bill List?

President Greenbaum: At this point in time, we are up to questions on the Bill List. Does anyone have any questions that they would like to ask the Administration so that they can get us the answers during the course of the meeting and respond at the appropriate portion of our Agenda?

Mr. Rattner: Yes, I just have a question on the Lurch Demolition. Looking at this it says on the invoice, I don’t know whose signature, it is grass seed and mulch not used by order of Tim Q. Replace with removal of telephone pole, concrete pad...I guess pad from old oil tank. Does that mean that their work is actually completed? We did some switching to get some other work done and now we are responsible for the raking and whatever it is that we are going to do with the rough area.

Mr. Prill: The work has been completed by Lurch Contracting and Lurch Demolition. In reviewing the original contract that was executed, it did not call for Lurch to provide seed or grass as part of that agreement. That was something that came in the picture after the contract was executed so that is something that we would have a responsibility to do.

Mr. Rattner: Oh, because I thought we had a discussion about replacing the grass with sand or visa versa. So I was under the impression it was one or the other because we wanted a switch but it wouldn’t be worthwhile switching either the grass or the sand or the sand to grass I forget. What is it you are saying, it was never in the specs?

Mr. Prill: No, upon reviewing the contract there was never any provision for sand, or say top soil and seed to be provided as a part of their service.

Mr. Rattner: Okay, so then the job....because $79,900 is the entire contract with no retainer correct?

Mr. Prill: I believe that is correct, yes.

Mr. Buell: 052584, I think $500 for a professional typewriter, I would like to know where that is and what that is all about. Also 05224501, what are recovery truck seats for $550? Also, I just wanted to take note that, although we will be discussing it later on, that Mr. Dorsey submitted a bill. I have never seen this before and there was $4,472.00 deducted from it.

Mr. Prill: Jim, could I get those numbers again real quick?

Mr. Buell: Yes. The first one is 052584 and the second one with the recover truck seat is 05224501.

President Greenbaum: Does that conclude your questions, Mr. Buell?

Mr. Buell: That’s all.

President Greenbaum: Does anyone else have any questions? Seeing none, we will move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

January 3, 2006 Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mrs. Labow, Mr. Rattner,
Mr. Perkins, Mr. Greenbaum
Absent: None

January 10, 2006 Present: Mr. Buell, Mr. Tepper, Mr. Biondi, Mr. Perkins, Mr. Rattner,
Mr. Greenbaum, Mrs. Labow (7:59 pm)
Absent: None

January 24, 2006 CS Present: President Greenbaum, Steve Rattner, Mr. Buell, Mrs. Labow. Mr. Biondi, Mr. Tepper, Mr. Perkins (left–abstained for MOTPEA discussion)
Absent: None

President Greenbaum: Mr. Tepper, could you please move the Minutes?

Mr. Tepper: Certainly, I move for the Approval of the Minutes for January 3, 2006, January 10, 2006, January 24, 2006, Closed Session.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Is there any discussion from Council with respect to additions, deletions, or comments on any set of Minutes? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Perkins Abstained on January 24, 2006

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letters of Resignation received January 23, 2006, from David Jones in regard to Library Board and Solid Waste Advisory Committee.

2. Information received January 23, 2006, from Mount Olive Area Chamber of Commerce regarding joining the Chamber.

3. E-mail received January 25, 2006, from Harry Browne, Mount Olive Soccer regarding questions pertaining to criminal background checks.

4. Letter received January 30, 2006, from Jersey Battered Women’s Service regarding joining to pledge to oppose the abuse of women and children.

5. Information received February 7, 2006, from NJ State Agriculture Development Committee regarding Farmland Preservation Summit to Highlight Process Improvements, Other Strategies to promote retention of New Jersey’s Farmland.

6. Letter received February 8, 2006, from Dr. Steven Abrams regarding reduction in personnel in the Health Department.

7. E-mail received February 10, 2006, from Residents of Woodland Avenue regarding installation of multiple speed tables.

LEAGUE OF MUNICIPALITIES

8. Letter received January 26, 2006, from New Jersey State League of Municipalities regarding League Seminar in Cooperation with the New Jersey Division of Taxation.

9. Letter received January 26, 2006, from New Jersey State League of Municipalities regarding League Seminar on Human Resources for the Departmental Manager.

10. Letter received January 30, 2006, from New Jersey State League of Municipalities regarding “The Fair Labor Standards Act – Including New White Collar Regulations” and “The Family and Medical Leave Act.”

11. Seminar information received January 30, 2006, from New Jersey State League of Municipalities regarding the State of Pay to Play in New Jersey and Other Ethics Issues.

12. League Alert received January 31, 2006, from New Jersey State League of Municipalities regarding Last Best Offer.

13. Legislative Bulletin received February 8, 2006, from New Jersey State League of Municipalities regarding 2004 -2005 Legislative Session.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

14. Ordinance received January 30, 2006, from Township of Roxbury regarding Land Use.

15. Resolution received February 1, 2006, from Township of Hanover regarding opposing any changes to the “Time of Decision” rule – Senate No. 457.

16. Ordinances received February 6, 2006, from Borough of Stanhope regarding Land Use.

DOT / DEP

17. Letter received January 24, 2006, from Monarch Environmental Recycling, LLC regarding recycling tonnage report for Budd Lake.

18. Letter received January 24, 2006, from Monarch Environmental Recycling, LLC regarding recycling tonnage report for Flanders.

19. Letter received January 26, 2006, from State of New Jersey, Department of Environmental Protection, Green Acres Program regarding local acquisition and development funding.

20. Letter received January 27, 2006, from State of New Jersey, Department of Environmental Protection regarding Portable Well Water Analyses in vicinity of BP Service Station 611 site, Route 46 and Mount Olive Road, Mount Olive Twp.

21. Letter received February 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Portable Well Water Analysis in the vicinity of Shell Service Station (Former Texaco Service Station) site 35 Route 46 East, Budd Lake.

22. Letter received February 9, 2006, from Henry Huelsebusch, PE regarding Pre-cancellation Letter and Deficiency Letter for Letter of Interpretation – Line Verification. Applicant: Roy H. Solondz, Lots 11& 14, Block 2801 (Lozier Road)

DCA

23. Local Finance Notice received February 8, 2006, from NJ Department of Community Affairs regarding Budget Referendums and Budget Deadline Extensions.

MSA / MUA

24. Meeting Schedule received February 6, 2006, from Musconetcong Sewerage Authority.

25. Minutes received February 7, 2006, from Musconetcong Sewerage Authority regarding January 4, 2006 minutes.

MISCELLANEOUS

26. Letter received January 20, 2006, from Peter J. King, Esq. regarding Mt. Olive Township Board of Health Township Inspectors.

27. Information received February 6, 2006, from Mount Olive Board of Education regarding School Board Candidacy Information.

MORRIS COUNTY

28. E-mail received January 25, 2006, from Morris County Chamber of Commerce regarding Strengthening Our Community: A conference for Not – for – Profit Organizations.

29. Letter received February 3, 2006, from Morris County Economic Development Corporation regarding Third Annual Morris County Municipal Summit.

30. Letter received February 3, 2006, from Morris County Library regarding Local Expenditure for County Library Service.
31. Letter received February 6, 2006, from County of Morris, Department of Planning, Development & Technology regarding Ordinances received for the year 2005.

UTILITIES

32. Fax received January 24, 2006, from Comcast regarding Juvenile Gang Violence.

33. Letter received January 24, 2006, from Cablevision regarding 2005 Franchise Fees.

34. Letter received January 26, 2006, from Comcast regarding payment to the Township for use of the municipal right of way for the year 2005.

35. Fax received February 8, 2006, from Comcast regarding Olympics HD Coverage.

HIGHLANDS

36. E-mail received January 23, 2006, from New Jersey Highlands Council regarding Main Street New Jersey seminars 2006.

37. Letter received January 24, 2006, from Tariq Mahmood, Ph.D. regarding land to be included into the new Master Plan.

38. Letter received January 26, 2006, from Chester, Ploussas, Lisowsky Partnership, LLP regarding Highlands Applicability and Water Quality Management Plan Consistency Determination – Givaudan Phase I and Phase II Expansion Lots 2 & 5, Block 402.

39. Letter received January 30, 2006, from State of New Jersey, Department of Environmental Protection regarding Shop Rite – Proposed Expansion Block 5300, Lots 25 & 29 (90 Bartley Flanders Road) Mount Olive. Agency Determination: Highlands Act – Exempt, Water Quality Management Plan – Inconsistent.

40. Letter received January 30, 2006, from State of New Jersey, Department of Environmental Protection regarding request for additional information for Mount Olive Residential Development Block 1201, Lot 2 (87-89 Crease Road).

41. Letter received February 2, 2006, from Equity Environmental Engineering LLC regarding David Norrie Block 1201; Lot 7 (77 Crease Road) qualifications for approval under the Highlands Water Protection and Planning Act.

COAH

42. Letter received February 1, 2006, from Council on Affordable Housing regarding petition for substantive certification.

President Greenbaum: There are 42 pieces of Correspondence on the Amended Agenda this evening. Does any Council member wish to discuss any particular piece of Correspondence? Mr. Buell, please identify which number.

Mr. Buell: Number seven. Email from the residents on Woodland Avenue regarding installation of multiple speed tables. Second to Sunset Avenue, which I had earlier brought to our attention, I would agree that probably that is the second street where it would be most important to put speed tables.

President Greenbaum: Okay. Does anyone else have a comment on that or any additional comments? Mr. Buell, I will ask the Administration, Mr. Prill, to give us a recommendation in terms of speed bumps on Woodland Avenue and I will put it on for the Workshop next week, if you don’t mind?

Mr. Buell: Also, I would just like the status report on Sunset Avenue also.

President Greenbaum: Did you get that Mr. Prill?

Mr. Prill: Yes, I did.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: Okay. Anyone else with any particular piece of Correspondence? Seeing none, we are up to Ordinances for Public Hearing. First Ordinance for Public Hearing is Ordinance #1-2006 entitled:

Ord. # 1-2006 An Ordinance Providing for the Selection of a Municipal Prosecutor.

President Greenbaum: At this point in time I will open it up to the public for anyone who wishes to discuss this particular Ordinance. Seeing none, I close it to the public. Mr. Tepper, do you want to move Ordinance #1-2006 for Second Reading please?

Mr. Tepper: Yes, Mr. President. I move for adoption and final passage of Ordinance #1-2006.

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Is there Council discussion? I will speak, I believe that we should defeat this Ordinance. I think we should just leave it the way it is until ultimately a decision is made in the matter of Ruggierio vs........

Mr. Dorsey: In the matter Ruggierio vs. Lashway.

President Greenbaum: That’s my opinion.

Mr. Tepper: In that case I rescind, it be moved to be tabled until after that fact.

President Greenbaum: You want to continue the Public Hearing until after....until after the decision in Ruggierio vs. Township of Mount Olive?

Mr. Tepper: Until it is settled. Yes.

President Greenbaum: Actually, there is a motion to table. Is there a second? I am sorry, it is not a motion to table. It is a motion to continue Public Hearing, therefore we can continue discussion.

Mr. Rattner: I will support that. Obviously, why we did this is because it was after a letter from the Mayor but the Mayor actually publicly said that this Ordinance simply takes away power that he had before. So if he is really serious that he thinks that is what it is? We should continue it because this Ordinance actually gives him the appointment ability that he never had before based on our Code. So since he actually publicly said that this was trying to take away power that he has always had, I think that we should definitely defer to the Mayor’s opinion and either or defeat it or just table it, or continue it.

President Greenbaum: The motion is to continue Public Hearing until March 14, 2006, which is the first Public Meeting in March, which is after the return date of the Motion, which is currently pending in the Superior Court. Is there any further discussion? Seeing none, Roll Call.

Mrs. Lashway: Who made the motion and who seconded it?

President Greenbaum: Tepper made the motion.

Mr. Buell: And Buell seconded it.

ROLL CALL: Passed Unanimously

President Greenbaum: Motion to continue Public Hearing is approved for March 14, 2006.

ORDINANCES FOR FIRST READING

President Greenbaum: We are onto Ordinance for First Reading with the Second Reading to be March 14, 2006. The first Ordinance for the First Reading is Ordinance #4-2006 entitled:

Ord. # 4-2006 An Ordinance of the Township of Mount Olive to Amend and Supplement Certain Sections of Chapter 196 Entitled Sewers and Water of the Code of the Township of Mount Olive.

President Greenbaum: Mr. Biondi could you please move Ordinance #4-2006?

Mr. Biondi: Mr. President, I move that Ordinance #4-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 14, 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. Buell: Second.

President Greenbaum: It has been moved and seconded. Is there any Council discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance for First Reading is Ordinance #5-2006 entitled:

Ord. #5-2006 An Ordinance of the township of Mount Olive Amending and Supplementing the Grievance Procedure for Employees of the Township of Mount Olive.

President Greenbaum: Mr. Buell, could you please move that for First Reading?

Mr. Buell: I move that Ordinance #5-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 14, 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.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: It has been moved and seconded, any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Prill: Mr. Greenbaum, if I might? Just for a comment.

President Greenbaum: Yes.

Mr. Prill: With regards to this Ordinance, I am very confused. I have read the Ordinance a number of times. I just don’t understand what the Ordinance is attempting to do, the intent of it? So I would just ask that maybe at the next meeting that an effort to just clarify that?

President Greenbaum: It is going to be discussed at length at the Workshop of the 21st and that Mr. Buell asked that this be put on for First Reading. Now ultimately, it may have to be defeated, revised, amended but that discussion will take place at length at the meeting of the 21st of February, which is next week.

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 Amending the 2006 Temporary budget for the Current Fund.

2. Resolution of the Township of Mount Olive Providing for the Transfer of 2005 Budget Appropriations for the Current Fund Budget.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of the List of Eligible LOSAP Emergency Service Volunteers.

4. Resolution of the Township Council of the Township of Mount Olive Applying for and Accepting a Child Passenger Safety Education Grant FY 2007.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the County department of Public Works, Bridge and Road division, to Street Sweep Certain Streets and to Waive Requirements of the Township’s Noise Ordinance.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Lands Known and Designated as Block 4101, Lot 4, Which is no Longer Needed for Public Use by the Township.*

President Greenbaum: We are up to Consent Resolutions. There are currently six Resolutions on the Consent Resolutions Agenda. Does any Council member wish to have any of the Consent Resolutions removed and put on the Non Consent Resolutions Agenda? Seeing none, I would ask Mr. Perkins to please move the Consent Resolutions Agenda.

Mr. Perkins: Yes Mr. President. I move for adoption of Consent Resolutions 1-6.

President Greenbaum: Is there a second.

Mrs. Labow: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone one from the public who wishes to be heard on any of the Resolutions on the Consent Resolutions Agenda? Seeing none, I close it to the public. Is there any Council Comment in respect to the Consent Resolutions Agenda? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Legal Counsel for Mayor Richard De La Roche in Connection with the Matter De La Roche v. Dorsey.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Payment of Two (2) Vouchers Submitted by Dorsey & Semrau for Services Rendered During the Month of January, 2006.

9. Resolution of the Township Council of the Township of Mount Olive In Connection with the Litigation Entitled Scott Uhrmann, et al. v. Scapicchio, et al., Docket Number A-2023-05T2.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract for William Bowkley, Esq. of Bowkley and Zelente for Legal Services to the Ethics Board.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: This brings us to the Non Consent Resolutions. At this point with respect to Non Consent Resolution #7 & 8, I am going to pass the gavel to Mr. Rattner and I will recuse myself. I will be back for #9 &10.

Mr. Rattner: Thank you, Mr. President. We have Resolution #7.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Legal Counsel for Mayor Richard De La Roche in Connection with the Matter De La Roche vs. Dorsey.

Mr. Rattner: Does anybody want to move this resolution?

Mr. Biondi: No.

Mrs. Labow: We can’t discuss it? Alright then, forget it. It won’t get a second anyway.

Mr. Rattner: There is no motion. Okay, failed due to a lack of a motion. Resolution #8.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Payment of
Two (2) Vouchers Submitted by Dorsey & Semrau for Services Rendered During the Month of January, 2006

Mr. Rattner: Can I get a motion?

Mr. Tepper: Yes, Mr. Vice President. I would like to move for Approval of the Resolution.

Mr. Perkins: Second.

Mr. Rattner: Okay, we got a motion and a second. Is there anybody from the public who would like to address upon this Resolution? Seeing none, I close it to the public portion. Any Council comments?

Mr. Buell: Yes, I think this is the bill that I was concerned about on the Bill List? That basically the deduction from the voucher was $4,400.......

Mr. Dorsey: The Administration appears to be playing, shall we say, the Mayor’s game here. They have not put the bill on their list for payment, which is the retainer, which is essentially for attending these meetings. I am not sure what they did with the litigation bill? Apparently, they took parts off of it, so I would just like you to approve it as they were submitted, as they always have been. Mr. Prill has been trying to negotiate with the court for an adjournment, he hasn’t done one. I would agree with him, I would grant the adjournment for it, if he did. So I would just like you to approve the vouchers as submitted. We are not going to pay them until they are in order, so it doesn’t make a difference.

Mr. Buell: One other question. Your billing rate....you graciously when requested, in 2004 agreed to an 8% reduction.

Mr. Dorsey: That’s right. In June of 2005, Marilyn Ryan called, said the Mayor was pressed for the Budget for 2005, would I be good enough to take a reduction in my fees and I reduced my hourly rates that apply to the litigation by 8 ½ % with the understanding that he would sign the contract for 2005. He never signed that contract for 2005, although I was asked on a number of occasions to make minor corrections to it all of it which we did, satisfied Mr. Casey, the contract was never signed.

Mr. Buell: What is your stance at this point of time, in terms of that agreement, are you still going to.....

Mr. Dorsey: I don’t care about that agreement, they continue to pay....

Mr. Rattner: It seems this is a very straight forward resolution, saying that the bills were submitted. They were submitted to what we feel appropriate. Let’s pay the bills. That was the discussion we had last week. Mr. Tepper, did you want to say something? You had your hand up?

Mr. Tepper: No, it was addressed.

Mr. Rattner: Okay. Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Okay Resolution #9, Mr. Buell, would you move that resolution?

9. Resolution of the Township Council of the Township of Mount Olive In Connection with the Litigation Entitled Scott Uhrmann, et al. v. Scapicchio, et al., Docket Number A-2023-05T2.
Mr. Buell: I move Resolution #9.

Mr. Perkins: Second.

President Greenbaum: Okay. Resolution #9 on the Non Consent Resolutions Agenda has been moved and seconded. Is there anyone from the public who wishes to be heard on this Resolution? Seeing none, I close it to the public. Is there anyone on Council who wishes to be heard?

Mr. Tepper: Well this addresses, I think, I am sorry that we have to address this because it is something that people acting in good faith in accepting. However, there are more individuals then the two mentioned in this Resolution who have accepted benefits. This will not preclude someone from suing them. Is there a reason that we didn’t make it all inclusive for any official that received benefits prior to this year, not being included?

Mr. Dorsey: This resolution, Russ, it is designed to deal with two very specific individuals who were caught up in litigation. It deals with a very difficult subject even for lawyers to understand and that is, the suit that was brought was not brought as an individual but brought as a taxpayer. The parties subsequently agreed as to the dollar amounts to be paid and this resolution is an attempt on the part of the Township to put the matter to rest and to give a certain amount of surety on the part of the two individuals who are now going to have to pay this money, that they can never be attacked by another taxpayer for the same amounts of money. All of the other officials, whoever they may be, have never found themselves in this same position and therefore, that’s the reason why this resolution is very specific. It deals with the two that were involved in the litigation and it is my understanding that both the plaintiff and the defendant had agreed upon the resolution, which is essentially put forth in the resolution.

President Greenbaum: It is my intent after this week, to ask Mr. Dorsey to draft a resolution which will prohibit elected officials from taking health benefits in Mount Olive on a going forward basis and also deal with the situation of anybody who has taken them in the past. The record should reflect that nobody who took the health benefits in the past did it in an underhanded way. They were offered by the Township and it was not until the court ruled that the lack of an ordinance made it improper but it was the Township that error’d as opposed to any of the individual elected officials who took. So that is my intent. We will deal with the others on a going forward basis after we resolve this issue related to the law suit. Is there any further Council discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next resolution on the Non Consent Resolutions is #10.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract for William Bowkley, Esq. of Bowkley and Zelente for Legal Services to the Ethics Board.

President Greenbaum: Mr. Rattner could you move that please?

Mr. Rattner: Yes, I move Resolution #10.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on this Non Consent Resolution? Seeing none, I close it to the public. Is there any Council comment? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: We are up to Motions, the first Motion is:

1. Approval of Raffle Application #2122 for the Jewish Ctr. Mount Olive; Raffle Application #2123 & #2124 for the Mt. Olive High School Parents Club; Raffle Application #2125 for the Historic Society; and *Raffle Application #2126 & # 2127 for the Mt. Olive High School Parents Club.

President Greenbaum: Mr. Biondi could just please move those Raffle Applications please?

Mr. Biondi: I move Raffle Applications #2122, #2123, #2124, #2125, #2126, and #2127.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded, any discussion? Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Labow Abstained # 2123, #2124

President Greenbaum: The next item for discussion is a Motion to approve the nomination of Mayor De La Roche of Joe Fleischner to the Library Board with a 5 year term expiring 12/31/10. Mrs. Labow, can you move that please?

2. Consent to Joe Fleischner on Library Board 5 year term expires 12/31/10.

Mrs. Labow: No.

President Greenbaum: Is there anyone who wishes to move it?

Mr. Tepper: I move that we consent to Joe Fleischner on the Library Board for a 5 year term expiring 12/31/10.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded any discussion?

Mrs. Labow: I think we should table this until I get an opinion from Mr. Dorsey. There was an article in the Daily Record today, a situation in Morristown where their Assistant Municipal Attorney ruled that people couldn’t hold dual board positions and this will be the third board that Mr. Fleischner is on and I thought we should perhaps just hold on and wait for a second....you know another meeting until we get another ruling on that.

President Greenbaum: There is a motion to table, is there a second?

Mr. Biondi: I will second that.

President Greenbaum: It has been moved and seconded. Roll Call on the motion to table.

ROLL CALL: Passed with the exception, Mr. Tepper, Mr. Rattner, Mr. Greenbaum, voted no.

President Greenbaum: Motion to table carries, four to three, Administrative Matters, Mr. Prill.
Oh, I am sorry. I was hoping that by skipping the Bill List we could save the Town some money.

Mr. Rattner: Mr. Prill was trying that, we just don’t like their methods.

3. Bill List.

President Greenbaum: Mr. Prill, did you get a response to Mr. Buell’s question? I believe that was the only outstanding issue.

Mr. Prill: Yes, there were two items that Mr. Buell brought up. Invoice # 052584, is a typewriter for the Construction office. I think that was the question as to what department that was for.

Mr. Buell: Yes, what department has that? The question is, we had 25 of these typewriters. We are trying to eliminate some of them down to....how many typewriters do we still have?

Mr. Rattner: Jim, I don’t know how to tell you this but on the Bill List tonight, we bought another one.

Mr. Buell: I think that is the one we bought...this is what I am going.....

Mr. Prill: I don’t know what inventory we have of typewriters in the building.

Mr. Buell: Can we get an inventory of the number of typewriters we have, because my concern is what we should be doing is utilizing one typewriter because everyone of these typewriters has a contract, a maintenance contract that is hooked to it and we are maintaining all of these typewriters, the last time I looked at it, all over the building.

Mrs. Jenkins: Rick, we do have a list of typewriters? Christie has it, okay?

Mr. Prill: Okay. The other invoice #052245-01, in looking at the invoice attached to the voucher it doesn’t give us much more information then what is on the Bill List. Although the vendor is AM Auto Trimmers, I have to a just a literal interpretation of this is, I think they were recovering seats. The invoice says recover truck seats so I think literally, it is just reupholstering truck seats.

Mr. Buell: Reupholstering truck seats.

Mr. Prill: That is what I am reading into it.

Mr. Buell: Okay.

President Greenbaum: Does that answer your questions Mr. Buell?

Mr. Buell: Yes.

President Greenbaum: Okay at this point, Roll Call....

Mrs. Lashway: Is there a second?

President Greenbaum: Oh I am sorry, is there a motion to move the Bill List?

Mr. Perkins: I make a motion to move the Bill List, pages 1-25.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

• Library Board Report – Mayor De La Roche
• Clarification of Appointment of Joseph Fleischner, Environmental Commission, Alternate II, 2 year term expiring 12/31/07
• Clarification of Appointment of David Yourish & Ruth Spae to the Pride Committee for 3 year terms (not 1 yr. which was initial) expiring 12/31/08

President Greenbaum: Okay. Once again, Administrative Matters. Mr. Prill, in the event that the Mayor is not here this evening, are you prepared to give us a Library Report this evening?

Mr. Prill: No, I don’t have any report to give.

President Greenbaum: Okay. Clarification of Appointment of Joseph Fleischner, Environmental Commission, Alternate II, 2 year term expiring 12/31/07. What does that relate to?

Mrs. Lashway: I put these on, as we were putting the directory together, some of the appointments that were made at the Reorganization, were made with the wrong terms, an initial term was one year but a term after that was for two or three year term. I went over it with Marilyn and these just need to be reconfirmed because they differ from the way that they were done at Reorganization.

President Greenbaum: So we need to do it by way of motion then. Motion to appoint Joe Fleischner Environmental Commission, Alternate II, 2 year term expiring 12/31/07.

Mrs. Lashway: They are Mayoral appointments....

President Greenbaum: Right, he is appointing.

Mrs. Lashway: He is not here?

Mr. Biondi: We are not reappointing him right, we are just updating the...

President Greenbaum: Well, we still have to move.....

Mr. Rattner: No, that is not consent. The Mayor has to appoint him to the proper term.

Mr. Tepper: It is Non Consent.

President Greenbaum: Never mind.

Mrs. Lashway: So, nothing happens.

Mr. Perkins: Nope, no Mayor.

President Greenbaum: Okay, Clarification of Appointment of David Yourish & Ruth Spae to the Pride Committee for 3 year terms (not 1 yr. which was initial) expiring 12/31/08. So it has been put on the record. At this point, are there any other Administrative Matters, Mr. Prill?

Mr. Prill: I have nothing further.

OLD BUSINESS

NEW BUSINESS

LEGAL MATTERS

President Greenbaum: Old Business, New Business, Legal Matters. Mr. Dorsey is there any Legal Matters this evening?

Mr. Dorsey: No.

COUNCIL REPORTS

President Greenbaum: No Legal Matters, we are up to Council Reports.

Recreation Liaison Report

Mr. Biondi: I will give that report next week.

Board of Health Report

Mrs. Labow: We meet tomorrow evening but the last time we had a public meeting. The Mayor’s son had gotten up and kept talking about, that the State Regulation is one inspector for 15,000 and I had sent over a copy of the web site where that is information is drawn from for everyone to have a copy of it. What it says is, it was a guide line that was instituted in 1942 where at a very minimum, the Township should have one inspector per 15,000 and they said this ratio was derived from the Emerson Report and local health units for the nation. However, it was generally recognized that the duties and the responsibilities of registered environment health specialist have evolved since that time. With the assistance of many local health officers and registered environmental health specialist, a simple series of calculations could determine a reasonable number of registered environmental health specialists necessary for a local Health Department have been developed. This is the formula that Mr. Wilpert used and he took the inspections from last year, used the formula that they suggested and it showed that you would need 4.67 inspectors to Mrs. Labow (cont’d): do all the inspections they did and they did it with three. It is going to be a pretty hard challenge to do it with two this year. That’s it.

Planning Board Report

Mr. Tepper: Two items. One we were referring to the Planning Board having to do with the possible re-naming of Flanders-Netcong to Flanders-Netcong Road North or something else so as to differentiate it for emergency services? The second has to do with the matter they referred to us, which we will address most likely in Executive Session, having to do with potential litigation on the Toll Brothers matter. I have asked that to be put on the Agenda in a future session.

President Greenbaum: Thank you.

Board of Adjustment Liaison Report

Mr. Perkins: Meeting Monday, Mr. President.

Open Space Committee Report

Mrs. Labow: We met last night and Chuck McGoarty came to discuss...Chuck McGoarty and Catherine Natafalusy came to discuss with the Open Space Committee about the PA 5 and the PA 2 Zoning for the Town Planning areas. We just went over what the differences between the two, and what the goals are, the areas we want to have designated as PA 2 and give us a nice little definition. I wanted to see if Lisa could possibly copy these for the rest of the Council members who would like them. It was a very enlightening discussion that lasted quite a bit of time. After that, Kathy Murphy discussed with Lew Candura that there was this issue that he was on the Planning Board. The Mayor appointed him to the Open Space Committee. He is voting member as an appointee to that board but then the Planning Board wanted him to be the liaison also, which makes him another voting member and you can’t have two votes on one Board. Like I said before I am having that evaluated, that’s it.

Legislative Committee Report

Mr. Biondi: No report.

President Greenbaum: Okay, are you going to follow up with Guy Gregg?

Mr. Biondi: Yes, we have a new DOT guy. We have to run that through him. Now that Mr. Corzine has taken over, DOT has changed.

President Greenbaum: Okay.

Pride Committee Liaison Report

Mr. Perkins: Nothing to report.

Board of Education Liaison Report

Mr. Buell: Yes, they met last night. They announced and actually passed or ratified the contract. It hasn’t been published so just let me take a few seconds to go through what I know of the terms of the agreement. Basically, the School Board got 10 minutes back every day from all of the teachers or 50 minutes a week back from the teachers. They planned at least at the High School and the Middle School to use, to establish a new mentor program which the Board President Mr. McEntee indicated that they really don’t know what this means but they are going to be working on trying to do that. They capped tuition at three, six and nine credits for the teachers which previously I understand that they were able to... the teachers were able to take unlimited credits, I may be wrong on that. They also.... McEntee, talked a little bit about health benefits, it does not look like they made any progress in terms of the health benefits and the teachers and staff paying anymore money on that, although that was not really discussed. The settlements in terms of salaries were 4.1% in 2006, 4.3% in 2007, and 4.35% in 2008. That was basically all that was discussed at that part, in terms of the contract. I am sure it will be in the newspapers, hopefully, in the next couple of days. The other thing that was very interesting in terms of the Business Committee’s report that the School Board has recently learned that there will be no additional dollars, the District will receive additional State Aid for the above average enrolled growth. We do not anticipate this State Aid will be Mr. Buell (cont’d): available next year. So this is the last year the School Board will receive additional dollars for additional students. Evidently, that money will not be available next year. The other interesting issue in terms of their budget is that the extraordinary aid which is received for students whose programs cost.... which exceed $40,000 a year, this fund remains the same as it was last year. Mount Olive applied for $726,000 received $269,000 and they anticipate that this aid will continue to decrease over the year. So it looks like the School Board is going to have a very difficult time in terms of their Budget. The other issue that was discussed, there were a large number of parents there who were obviously unhappy with the fact that the, I guess.... the Superintendent, did not recommend the appointment for Mr. Lazzara for tenure in the following year.

President Greenbaum: Is that all Mr. Buell?

Mr. Buell: Yes, that is all.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: Mr. President, we are meeting on the 22nd.

Finance Committee Report

Mr. Rattner: Working on the Budget, we will be here on Saturday.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mr. Tepper: I didn’t attend the meeting, so I have nothing to report.

President Greenbaum: Okay. Could you follow up?

Mr. Tepper: I will. I called Tim and he is providing me with a copy of the report.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public to anyone who wishes to speak. Mr. McDonald, please state your name and address for the record.

Ned McDonald, Budd Lake: First on the Bill List, each time we come across these, there is multiple, multiple bills for telephone and wireless service from Verizon, Nextel, Avaya, whoever. For instance, this time I see five, maybe more, I haven’t looked that well, five separate charges for January wireless service. Why do we get all of these separate bills? I have asked this before and it was never really answered as to why we keep getting these multiple bills. It just gets confusing when you see, bill after bill after bill for multiple telephone companies and multiple descriptions of the same type thing.

Mr. Biondi: Can I answer that?

President Greenbaum: I would rather hear from the Administration and their response.

Mr. Biondi: Okay.

Mr. Prill: I would have to get back to you on anything very specifically. I can only surmise that based on the dates of when service was initiated that that’s when the companies initiate billings and they don’t necessarily make any effort to consolidate those bills on a monthly basis.

 

Mr. McDonald: They are... for instance on this couple that I mentioned, they are all described as January wireless service. I know that is not the whole thing. I am just picking out one section. These things keep coming up that we find many of the same thing for multiple phone companies. I would think that there could be a bit of accounting on who’s really using these services? Why do we get multiple bills for the same month?

Mr. Prill: I am a little confused, are you indicating, or is it your understanding that we don’t know who is using these services?

Mr. McDonald: I don’t know? I would like to know why they are split up into more then one bill. Do the different departments have their own accounts? They seem to be all charged to the same account.

Mr. Buell: Ned, basically they are all charged to the same account because the telecommunications system is all operated basically and charged to the buildings and grounds and maintained there. The problem is and as you know, I have discussed this many times and I know Mr. Biondi is right with me. We have Nextel, we have Sprint, and we have AT&T, Verizon, Avaya, and multiple vendors of telecommunication service. Now I have been told in each case, that one group of wireless or whatever cell phones don’t talk to another cell phone, or for one reason they don’t work in one part of town or don’t work in another part of town. I have asked for and asked several times, for us to look at possibly bidding out all of our telecommunications service. I think there is a huge amount of money in terms of shared services and putting this stuff together instead of buying individual contracts. In fact, as each individual person comes into this building they buy their own telephone. So, and they carry it with them and it just....it has been out of control and is out of control and we should....

Mr. McDonald: That’s really why I am asking this question because I feel, you have expressed more eloquently than I could have but I do feel there is probably a way we could get all of these vendors together and look at what we are......and look at what services we are getting and maybe get a better package instead of having us scattered fragmented set of services.

Mr. Buell: If you come to the Budget Hearings on Saturday, one of the biggest things you are going to hear is this kind of coordination in terms of purchasing, shared purchasing, putting things together that need to be put together because there are all kinds of issues that relate to this, for instance the typewriters. It isn’t just the typewriter that we have and we need typewriters because with Homeland Security we actually have more needs for typewriters today then we had two years ago because some forms they don’t want to be typed by computer. Each of those typewriters we have in this building has a maintenance contract and I talked to Mr. Biondi and he was looking at every one of our copiers and we have several copiers and they all have maintenance contracts and these are issues we need to get at. I think there is great savings..........

Mr. McDonald: If this was run as a commercial business I don’t think it would go on this way, I think it would be......

Mr. Buell: In fact, one of the issues we did talk about on Saturday, and we have asked the Administration to look into, is a purchasing agent or a purchasing officer for this town. Sherry Jenkins very eloquently talked about that that would possibly save us a lot of dollars....
Mr. Dorsey: Was that eloquently?

Mr. Buell: Yes, eloquently.

Mr. Dorsey: She has tenure now.

Mr. Mc Donald: The other question, or opinion, the installation of multiple speed tables. First taking the specific road, Woodland Avenue, there are no schools on this road. It is not a straight road, its curving so the speed tends to be limited anyway. It is protected by stop signs and I think before anything else would happen. I know lots of residents would like to have speed bumps but just because a resident or two said cars are going to fast, I want a speed bump. I don’t think that is any where near enough to even consider speed bumps, unless the Police Department does a formal, proper professional traffic survey on any road that they are asked.....

 

President Greenbaum: I agree wholeheartedly with you and that certainly would be referred to the Police Department to look at it and I agree wholeheartedly that we can’t put speed tables on every single road in the Township. I can tell you in my own development how many people have come up to me and said you know what, we need to put speed tables in to slow down the cars and I bet you that conversation has happened in every single development.....

Mr. McDonald: It sounds good to the individual homeowner in front his house but where do you stop? It could just spread and pretty soon there is a speed bump on every road and what you are doing, simply impeding the normal flow of traffic by putting these bumps up.

Mr. Biondi: There are no more kids in this Township then live in my development, which is Clover Hill, there is not one speed bump there.

Mr. McDonald: I just don’t understand it.....

Mr. Biondi: You just don’t need it. Residents have to police themselves and we have done that over the years.

Mr. McDonald: I drove down, I can’t think of the name of the road, down in Glenn Gardner today. It goes down through the center of town there and there is a speed bump every 50 or 100 feet, and there was a fair amount of traffic on the road. People would speed up between the bumps and then hit their brakes for the bump. It is not a good situation by stop, go, stop, go. You don’t know what the car in front of you is going to do because you can’t see the speed bump in front of that car. All of the sudden this guy slows down right in front of you where there is no stop sign and you don’t expect him to slow down. I think these things are just a feel good remedy but I don’t really think that they are necessary.

President Greenbaum: We are going to look at the issue. When someone raises the issue, I think we have an obligation to take a look at it but I don’t think by any means it is a done deal and ultimately all the issues which you raised will be, I am sure, the top of everyone’s list in terms of how they would vote to move forth on that type of issue.

Mr. McDonald: Okay, thank you. Again, I am very much opposed to speed bumps

President Greenbaum: Thank you very much, Mr. McDonald. Is there anyone else from the public who wishes to be heard? Sir, you in the red shirt. Please state your name and address for the record.

Mr. Biondi: Red Flannel shirt.

President Greenbaum: I guess it would be maroon actually.

Richard Bonte, Budd Lake: I understand that you passed a Resolution absolving Mr. Scapicchio and Mr. Guenther from any further obligations.

President Greenbaum: You weren’t here and let me explain exactly what happened. That Resolution is to adopt a settlement of the lawsuit and to provide them with appropriate releases so that their obligations with respect to those benefits would be terminated. I, additionally, introduced the thought that I was going to ask Mr. Dorsey’s office to prepare an Ordinance, which would prohibit elected officials in the future of taking health benefits in Mount Olive and which would similarly resolve the issue with respect to any elected official who has taken them in the past. There are certain individuals who were given health benefits by the Township which were not part of that lawsuit. That’s what happened.

Mr. Bonte: You said everything I was going to say on that issue Rob. Next issue, for as long as I have been coming to these meetings and we have had numerous discussions before some of your time regarding the same issue that is going on now. That is, to the appearance to the outside world and too many of us that come to these meetings that Mount Olive has two independent governments, the governing body that sits here and the Administration that does whatever they want to do because they think that they run the Town. I know we have had similar discussions regarding how our governmental system works. Mr. Casey is the only Business Administrator that I have ever seen address the Council by really what is there appropriate title, and that is, you’re the governing body. You seven individuals basically create the laws for the town, set the policy for the town, and direct what needs to be done. If one looks up in the dictionary the definition of executive or executive portion of government, one finds that those definitions typically state that the executor or the executive portion of government carries out the direction it is given Mr. Bonte (cont’d): by a board of directors, governing body, etc. So what I am asking is, and Mr. Dorsey maybe you know the answer to this, what can be done to cause the Administration to comply with the direction that it is given by you seven individuals without overstepping that boundary of separation of executive and legislative powers but there has to be something that caused the laws that you pass to be carried out. I mean the Mayor is not above the legislation that you enable. How can we do this?

Mr. Dorsey: The answer to that question, I think in part, at least philosophically is, the answer to it is a political question. Otherwise, where there are very specific laws passed by Municipality and the Administration does not follow, court orders can be obtained to require Administration to enforce those laws.

President Greenbaum: It is not likely that the Town Council is going to initiate any litigation.

Mr. Bonte: Do the citizens need to form some form of coalition where they will subpeona the courts, to require that the laws you pass are carried out by our elected officials? I mean does it have to come to this and can it come to this?

Mr. Dorsey: I think you will find that, generally speaking, courts believe that a lot of the things that I know you make reference to are supposed to be decided politically within Municipalities. As you are aware, there are number of ways that those things can be decided politically.

Mr. Bonte: Now there is one thing that I do believe that you do have within your power and the Mayor, of course, made a big issue over this last year when you all elected to take pay cuts to set the mood and the Mayor insisted he receive his full pay. I believe that you would be within your rights to legally compensate the Mayor based on his performance and carrying out the direction he is given by you as a Council. Is that correct?

Mr. Dorsey: I assume one could draft an Ordinance along those lines.

Mr. Bonte: I don’t see any reason we shouldn’t think along those lines? I realize that it is a really small amount of money but it does show that there is some intent upon this Council to desire that the wishes of the Council are carried by the Executive portion of government whose job it is to carry out the orders that they are given. It is not the Executive portion of governments place to be creating policy and determining what should and shouldn’t be paid etc. or what programs should or shouldn’t be done or whether or not after you told them the building should be eight sided, that they wanted four sided. It has really gotten to the point of being absurd and I realize that what I am requesting it is probably absurd in itself. However, it is probably one of the few powers you have to at least to show your serious intent of wanting something to happen. Thanks.

COUNCIL COMMENT

President Greenbaum: Thank you very much. Is there anyone else from the public who wishes to be heard? Seeing none, I close it to the public. We are up to final comments. Mr. Prill did you have anything this evening?

Mr. Prill: Thank you, nothing further.

Mr. Tepper: No further comment.

Mr. Buell: None.

Mr. Biondi: It’s been said.

Mrs. Labow: Pass.

Mr. Perkins: Nothing.

Mr. Rattner: None.

President Greenbaum: I have none, at this point I will request a motion to adjourn.

ADJOURNMENT
Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:55 pm.

_________________________________
Robert J. Greenbaum, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on March 14, 2006.

 

_______________________________
Lisa M. Lashway, Township Clerk

 

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