Township Council Minutes
July 11 , 2006
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
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. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner
Mr. Greenbaum, Mrs. Labow
Also Present: Rick Prill, Business Administrator; John Dorsey, Township Attorney;
Sherry Jenkins, CFO; Lisa Lashway, Township Clerk
Questions on Bill List?
President Greenbaum: At this point in time, does anyone have any questions on the Bill List for the Administration to answer at the end of the meeting? Seeing none, does anyone from the audience have any questions on the Bill List? Seeing none, we will move on.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
President Greenbaum: There are no Minutes from previous meetings for approval.
Public Hearing on CSC TKR, Inc. d/ba/ Cablevision of Morris Application for Renewal of Municipal Consent to Construct and Operate a Cable Television System in the Township of Mount Olive
President Greenbaum: Is there anyone from the public who wishes to be heard on this particular application? Seeing none, I close it to the public. Is there any comment from Council or the Administration?
Seeing none, did you want to discuss something? You have to please state your name and address for the record.
Gary Shaw, Government affairs Manager for Cablevision of Morris, 40 Potash Road, Oakland, New Jersey: I just come before you as part of the process of trying to renew our franchise agreement. We did already have a meeting with your committee and we did receive a municipal report. I think we have made a lot of progress towards meeting those needs and we look forward to continuing to negotiate a renewal Ordinance with the committee. Thank you.
President Greenbaum: Thank you very much. I appreciate you coming up here this evening.
Gary Shaw: You’re welcome.
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received June 27, 2006, from Solid Waste Advisory Committee regarding Expansion of Transfer Station.
2. Letter received July 6, 2006, from Yvonne Hamers regarding Township issues.
3. Schedule of Events received July 6, 2006, from Mount Olive Township Recreation Department regarding Mt. Olive Community Day.
4. Letter received July 7, 2006, from Larry McEntee (Mount Olive Board of Education) regarding “Tree Replacement Fund.”
5. Letter received July 7, 2006, from Larry McEntee (Mount Olive Board of Education) regarding relief of Sewer Utility.
6. Letter received July 7, 2006, from Flanders Yoga Studio regarding land use issues.
MUA / HMUA
7. 2005 Annual Water Quality Report received July 7, 2006, from Hackettstown Municipal Utilities Authority.
8. Minutes received July 7, 2006, from Musconetcong Sewerage Authority regarding June 7, 2006 meeting.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
9. Two Ordinances received June 26, 2006, from Washington Township regarding Land Use.
10. Resolution received June 28, 2006, from Township of Hanover regarding cut in state sending and taxes in order to reduce property taxes in the fiscal year 2007 state budget.
11. Resolution received June 30, 2006, from Borough of Wharton regarding the “Mean Salary.”
12. Resolution received July 7, 2006, from Borough of Stanhope regarding Masterplan Re-examination report.
13. E-mail received July 6, 2006, from Department of Community Affairs regarding Local Finance Notice Meeting (possible cancellation)
LEAGUE OF MUNICIPALITIES
14. League Alert received June 27, 2006, from New Jersey State League of Municipalities regarding A-3174 Prompt Pay Proposal.
15. League Alert received June 27, 2006, from New Jersey regarding A-3174, Prompt Pay Proposal.
16. E-mail received July 5, 2006, from New Jersey State League of Municipalities regarding State Budget and Shutdown.
17. League Alert received July 6, 2006, from New Jersey State League of Municipalities regarding Budget Deal Close.
18. League Alert received July 7, 2006, from New Jersey State league of Municipalities regarding Budget Update.
DOT / DEP / LOI
19. Letter received June 26, 2006, from State of New Jersey, Department of Environmental Protection regarding Morris County YMCA Dam, NJ DEP File No. 25-67.
20. Letter received July 5, 2006, from State of New Jersey, Department of Environmental Protection regarding Jay-Bob Associates Property Notice of Violation. Block 102, Lot 2 (56 Route 46 West)
21. Letter received July 5, 2006, from State of New Jersey, Department of Environmental Protection regarding Authorization for Wetlands Statewide General Permit, and Withdrawal of Application for Freshwater Wetlands Area Waiver Averaging Plan and Special Activity Transition Area Waiver for Redevelopment. Applicant: Mount Olive Township Schools, Block 7600, Lots 86 and 74 (18 Corey Road & 100 Flanders Road)
22. Letter received July 6, 2006, from Simoff Engineering Associates regarding proposed Retail Expansion & Construction of Adult Housing Development for Block 4100 Lots 80, 84, 87, & 88 (Route 46 & Old Budd Lake Road)
23. Letter received June 26, 2006, from Morris County Soil Conservation District regarding Mt. Olive DPW Complex MCSCD #06-6798.
24. Civil Action Summons received June 30, 2006, from Warren County Superior Court regarding Osman Osmanovic v. State of New Jersey, County of Morris; Township of Mount Olive.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
25. E-mail received June 30, 2006, from Congressman Frelinghuysen regarding Coast Guard Funding authorized by House, House approves Veterans’ Compensation Cost of Living Adjustment Act, Picatinny inventions among Army’s top ten for 2005, and House marks National Homeownership Month.
26. Letter received June 30, 2006, from Design Builders, Inc. regarding Block 4400, Lot 15 (81 Clinton Avenue, Budd Lake, NJ.
27. Letter received July 5, 2006, from Nusbaum, Stein, Goldstein, Bronstein & Kron regarding Highlands Applicability Determination - Notice of Technical Incompleteness for Mount Olive Community Bible Church, Premises: Block 7900, Lot 3, (200 Flanders Drakestown Road)
28. Letter received June 26, 2006, from New Jersey Natural Gas regarding reception for County and Municipal Public Officials of Morris County.
29. Letter received June 27, 2006, from Cozen and O’Connor regarding In the Matter of the Joint Petition of NJ American Water Company Inc., Elizabethtown Water Company, and the Mount Holly Water 29. Company for Approval of Increased Tariff Rates and Charges for Water and Sewer Service and Other Tariff revisions.
30. Letter received June 29, 2006, from Pivotal Utility Holdings, Inc. d/b/a Elizabeth Gas regarding Notice of Public Hearings.
31. Fax received June 29, 2006, from Comcast regarding Rate Adjustment.
32. Letter received July 5, 2006, from New Jersey Natural Gas regarding Notice of Public Hearing.
33. Letter received July 5, 2006, from Comcast regarding price adjustments.
34. Letter received July 6, 2006, from Pivotal Utility Holdings Inc. d/b/a Elizabethtown Gas regarding Notice of Public Hearings.
President Greenbaum: We are up to Correspondence section; there are 34 pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on.
ORDINANCES FOR PUBLIC HEARING - None
ORDINANCES FOR FIRST READING
President Greenbaum: Ordinances for first reading, there are no Ordinances for Public Hearing this evening. There is one Ordinance.....Ordinance #24-2006 is off for this evening as per our discussion in the Workshop.
Ord. # 24-2006 Ordinance Appropriating $428,485 for the Restoration of the Budd Lake Watershed in and by the Township of Mount Olive, In the County of Morris, New Jersey.
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.
1. Resolution – Governing Body Certification of the Annual Audit
2. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of 96 Sandshore Road Liquor LLC, License Number 1427-33-006-006.
3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Approval of Various 2006 Professional Service Agreements.
4. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in the Contract with Halecon, Inc. for the Turkey Brook Park Phase III Project.
5. Resolution of the Township Council of the Township of Mount Olive, Authorizing the Acceptance of a Deed from John A Ceraso and Mary C. Ceraso for Lot 19, Block 1503, as a Donation.
President Greenbaum: Consent Resolutions, there are five Consent Resolutions. Does anyone on Council wish to have any of the five Resolutions on the Consent Resolutions Agenda removed? Seeing none, Mr. Buell do you want to move the Consent Resolutions Agenda please?
Mr. Buell: Thank you. I move Consent Resolutions #1 through #5.
Mr. Rattner: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on any of the five Consent Resolutions? Seeing none, I close it to the public. Is there any Council comment? Roll Call.
ROLL CALL: Passed Unanimously
RESOLUTIONS NON CONSENT
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: There are no Resolutions on the Non Consent this evening. We are up to Motions, Mr. Biondi do you want to move the Peddler’s Permit?
1. Renewal of a Peddler’s Permit for Avshalom Gibli for a catering truck and issuance of a new Peddler’s Permit for Shoukat Hassan for a catering truck and Raffle Application #2148 & 2149 for the OES #107 Starlight Chapter.
Mr. Biondi: I will move Motion #1, the Peddler’s Permit.
President Greenbaum: Renewal of a Peddler’s Permit for Avshalom Gibli for a catering truck and issuance of a new Peddler’s Permit for Shoukat Hassan for a catering truck and Raffle Application #2148 & 2149 for the OES #107 Starlight Chapter. That is what you are moving?
Mr. Biondi: Yes sir.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any discussion?
Mrs. Labow: Where is he planning on doing his truck?
Mr. Rattner: On the street.
Mrs. Labow: Yes, but I mean is it for Mount Olive Township?
Mr. Tepper: Is he restricted from Turkey Brook?
Mrs. Lashway: They are only allowed on public owned property if they have permission from the Administration.
Mr. Tepper: Alright. So he is not allowed within Turkey Brook when they are having sporting events without specifically having permission.
Mrs. Lashway: That is my understanding.
Mrs. Labow: Is he aware of that?
Mrs. Lashway: No.
President Greenbaum: Any other discussion? Roll Call.
ROLL CALL: Passed Unanimously
2. Bill List.
President Greenbaum: Mrs. Labow, do you want to move the Bill List please?
Mrs. Labow: I move the Bill List.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded any discussion? Roll Call.
ROLL CALL: Passed Unanimously
Library Board Report
President Greenbaum: Mr. Prill, do you have anything for us this evening?
Mr. Prill: I did not receive any report from their meeting yesterday.
President Greenbaum: Do you know if they met?
Mr. Tepper: They met Monday, didn’t they?
Mr. Buell: Monday at 2:00.
Mrs. Lashway: They sent a notice of meeting change and they canceled their meeting for tomorrow and had it yesterday.
President Greenbaum: Was that publicized in the newspaper? You don’t know?
Mrs. Lashway: I don’t know. They sent me a notice to post on the bulletin board.
Mr. Rattner: On Friday, they moved the meeting up two days.
Mrs. Labow: What happens if residents wanted to go....2:00 in the afternoon?
President Greenbaum: They should take it up with the Library Board.
Library Payroll/Pension Issues
President Greenbaum: We already dealt with the Library Payroll Pension issues. Unless anyone has any further questions on that?
Mr. Rattner: I sent a memo to you Mr. President and also the Mayor and the Business Administrator. On Sunday July 2nd, the Daily Record printed a story about the BASF Tax Assessment. In there the Mayor was saying how.... that they worked on the assessment. That they have known the buyer for some time and that is who they have been negotiating with. I just wanted to know is that in fact true? Primarily because it was only two weeks ago or so that we were in Executive Session discussing everything that was going on and why we were agreeing to certain assessments, where we think we were going. There was absolutely nothing that talked....nobody broached the subject that the new buyer had been in the negotiations and as far as I know as of only a week, two weeks ago, I believe the only person who has made any contact because of diligent work, was the Council President trying to arrange some meetings with the new buyer, to find out what their plans are and how the town can benefit from it. So I just ask the we have an explanation to the Mayor’s comments.
President Greenbaum: Mr. Prill, are you prepared to respond? Have you had any contact with the new purchaser of the BASF?
Mr. Prill: No, I am not aware of either the newspaper article or comments made. We being the Administration, to the best of my knowledge, have not had any contact with the new buyer of that property.
Mr. Rattner: Well, I addressed this. Everybody got a copy. This was on July 5th. So this was a week ago asking the Mayor specifically, did we? Just a yes or a no. So the Mayor has chosen to....if he has been talking to them..... can we keep it a secret? Because I would imagine that if he would be willing to talk to a reporter. I told you the newspaper article.....when it was in the newspaper so it was very easy to check. It is online, about his negotiations with the new owner.
President Greenbaum: Steve, I can tell you that with my contact with the new purchaser of the property, it had been very apparent that no one has spoken to them about the property. They were very eager in sitting down with the Council......
Mr. Rattner: I understand that. That’s why I was surprised but also more than that that since we....this was a very, very difficult decision to make on the assessment. That we got all the information and according to the Mayor, he withheld some and that is the only reason I brought it up.
President Greenbaum: Okay, is there any other Old Business, any New Business? Steve.
Mr. Rattner: This is something, I don’t know if the Administrator knows about it yet? I have talked to a few people. It appears that Toll Brothers with the project that they got the court order to be able to move forward on is violating the Developer’s Agreement in that the original Developer’s Agreement, and there was nothing in a court order that varied it, stated that they are not allowed to use the residential section of Goldmine Road which over 20 years ago was set at a 5 ton limit because of the fact that the road was some places 12 feet wide and no base. Over the last couple of weeks some big trucks have been coming up and down to try to go in a construction road and it hasn’t really been a big issue. A truck now and then comes up and down. You try being reasonable. In the last two days, we are not talking 18 wheelers. We are talking about trucks that start with 24 wheels. We are talking about the major construction, the oversized vehicles. I have also heard that they are having trouble even negotiating the road, the road can’t handle it. You can see some of the pictures coming down. They can’t make some of the turns.
Mr. Rattner (Cont’d): They have had problems turning around. They’ve also honked horns at 7:30, 8:00 in the morning so residents could come out and move their cars because if they parked on the road, the truck can’t get passed because the truck is wider than the road is. People who were coming down, sometimes had to back up maybe a couple hundred feet because there was no place to go around or turn. There are some areas where there are no driveways. I don’t know what happened, usually when construction starts there is a pre-construction meeting where everybody gets together. It has always been in the past, the Police Department and the Planning Department, under the direction of the Business Administrator, just going over what they are supposed to do. I know what they are supposed to do. According to the Developer’s Agreement it looks like go through Madison Road. I have been advised that that is part of the property that the court didn’t say they could touch. Now they are in a situation that even if they want to perform under the Developer’s Agreement they can’t but they can’t keep having those vehicles coming down the road like that, a road that wasn’t meant for it. I don’t know if anybody has talked to you about it because a couple of people had some ideas of what to do but I was just disappointed that nothing was done and for two days we have had a large amount of these trucks, I guess, bringing in this very large construction material.
Mr. Tepper: So why aren’t they cited for violating the weight restriction on the road?
Mr. Rattner: The sign has disappeared. When they put the Dead End signs on, I don’t know why? That wasn’t the point, the point more....and I don’t want to cite anybody. If somebody makes a mistake, stop them and let’s just get on there. They have the right to start building whether we like it or not and so they are going to. They have to perform under the Developer’s Agreement and if there is an issue because of the way things are worked out because the Developer’s Agreement is probably 10, 12 or 15 years old that they have to come back and come up with some sort of agreement that works. We can’t stop them from building but we have to make sure that they do it the proper way.
President Greenbaum: Anyone else with any New Business?
Mr. Prill: If I just could respond to Steve’s comment? Tim Quinn has been addressing this issue. He brought that to my attention today and also to the Chief. Tim’s recommendation was to have these vehicles come in off of 206 instead of Route 46. To access Goldmine Road off of 206 and through the gated drive is the way Tim referred it, instead of coming off of Route 46 onto Goldmine, which he had concerns about traffic safety and damage potentially being done to the roadway.
Mr. Rattner: Well, I guess what the big issue was, is that nobody told him. When they started this pre -construction, did we have any meetings to start laying down the laws? I know that is what we used to do a lot of times in the past. Before someone starts construction, all the different department heads would get together with the developer and they would go through like a check off list, this is what you are doing so everybody knew what the laws were. Obviously, these guys didn’t know it.
Mr. Prill: Well, we had a pre construction meeting and I seem to recall that the issue of access of the side road was discussed.
Mr. Rattner: And they were told they could go down Goldmine Road?
Mr. Prill: I don’t recall that they were told that they could but I would have to pull the meeting minutes to see exactly what was said.
Mr. Rattner: As of about 2:00 or 3:00 today, they were still coming down, not as many. So maybe they got their equipment there.
President Greenbaum: Thank you, we will put it on for an update at our next meeting to find out that everything has been put in place and the Township is satisfied with the Resolution. Thank you very much. Is there any other New Business? Colleen, nothing from you this evening?
Mr. Biondi: She is not allowed to speak tonight.
Mrs. Labow: I am letting Steve take my share of the comments this evening.
President Greenbaum: Any legal matter Mr. Dorsey?
Mr. Dorsey: I would just report this, for the last five years we have had a running battle with the United States Postal Service and the operator of the pizzeria at the postal system. It is a peculiar situation. The United Postal system owns that building which they use for the post office but they also rent out on a commercial basis. I am pleased to say that after some legal motions etc, last week Rose Barsanti, your tax collector, advised that she collect the entire amount required to be paid under the court order which was some $26,500 plus. Mr. Branda was very happy. All of his taxes are now current including the past due ones. So it is a good item.
Recreation Liaison Report
Mr. Biondi: There was no meeting.
Board of Health Report
Mrs. Labow: We are on summer schedule, next month.
Planning Board Report
Mr. Tepper: They meet Thursday.
Board of Adjustment Liaison Report
Mr. Perkins: Nothing Mr. President.
Open Space Committee Report
Mrs. Labow: They met last night. I was only able to attend the first few minutes. I have to reach out to Kathy Murphy to find out if there is anything else.
President Greenbaum: Please give us a report at the next meeting.
Mrs. Labow: Alright.
Legislative Committee Report
Mr. Biondi: No meeting.
President Greenbaum: Have we heard back on the Route 46.....
Mr. Biondi: No, that is probably due to come back to us, I would think, next month.
President Greenbaum: Okay.
Mr. Biondi: After their 120 day...
Pride Committee Liaison Report
Mr. Perkins: Nothing, Mr. President.
Board of Education Liaison Report
Mr. Buell: They met last night. I was unable to attend.
President Greenbaum: Okay, could you please find out and give us a report at the next meeting.
Mr. Buell: Yes.
Lake/Environment Issues Committee
Mr. Rattner: Nothing to report.
President Greenbaum: I didn’t even call your name yet. You are jumping the gun. You are so eager to talk.
Mr. Rattner: You want to get out early.
Safety Committee Liaison
Mr. Perkins: No meeting.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Committee Report
Mr. Rattner: Nothing to report.
Solid Waste Advisory Committee Report
Mr. Tepper: Meets Thursday.
President Greenbaum: Anyone from the public who wishes to be heard? Seeing none, I close it to the public.
President Greenbaum: Any final comments Mr. Prill? Anything this evening?
Mr. Prill: Nothing further.
Mr. Tepper: Nothing.
Mr. Buell: Nothing.
Mr. Biondi: No sir.
Mrs. Labow: Nothing.
Mr. Perkins: Praise the Lord.
Mr. Biondi: Pass the ammunition.
Mrs. Labow: Hey, I have water here.
Mr. Rattner: I just want to say, I was very happy to see all our public parks whether it is Turkey Brook, Flanders Park, or the Beach are all being used a lot more than they have in the past, which means the investment was worth it. The citizens who paid for it are getting their monies worth.
President Greenbaum: I have no comment, motion to adjourn.
Motion was made and seconded. All in favor and none opposed, the meeting was adjourned at 8:31 pm.
Robert J. Greenbaum
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 July 25, 2006.