Township Council Minutes
July 25 , 2006
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:36 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL: Present: Mr. Buell, Mr. Tepper, Mr. Biondi, Mr. Perkins, Mr. Rattner,
Mrs. Labow, Mr. Greenbaum
Also Present: John Dorsey, Township Attorney; Rick Prill, Business Administrator;
Sherry Jenkins, CFO; Michelle Masser, Deputy Clerk
Questions on Bill List?
Mr. Tepper: I noticed that we have 23 invoices from Verizon dating to June of last year. The question is, is that all of the outstanding invoices and all of the monies that we owe or should we expect others and why did we hold invoices from June of last year?
President Greenbaum: Okay, Mr. Perkins.
Mr. Perkins: Thank you, Mr. President. We have check # 050590 under 06-1458.
President Greenbaum: What page?
Mr. Perkins: That would be page # 7, Borough of Netcong annual hydrant rental. Sherry, that’s under the regular operation, does that come out of the Water Utilities operation?
President Greenbaum: Are you going to answer that one now?
Mrs. Jenkins: Yes, we have a hydrant rental line item in the operating budget and not in the utility and that is where this comes from.
Mr. Perkins: Right, I remember.....I don’t remember a lot. Sometime back, we had discussed fire hydrant rentals and the fact that those fire hydrants are on the public water supply systems. Why is the Township taxpayer, who does not benefit from those fire hydrants, why are they helping to subsidize that?
Mr. Jenkins: I don’t remember that issue, I can look into that for you.
Mr. Perkins: Would you please? I mean quite frankly, if that is on a public water supply system where those people are benefiting from having that fire hydrant there that should be included in their rate structure not passed onto the average taxpayer with a private well and that should be the same for all the fire hydrants that we pay rental charges on.
Mr. Rattner: Okay. A couple of things, one, the Verizon issue that I was going to bring up at the end of the meeting. I told Mr. Prill I would be. I wrote a memo this morning saying that I will bring up any questions that I have then. The same thing that Mr. Tepper brought up. I also want to acknowledge we got another $3,700 worth of bills from Joseph O’Neill, Esq. This is what I will call the ridiculous lawsuit of Mr. Ruggierio to become prosecutor after he lost in court the last time in the case that is titled Ruggierio vs. Mount Olive Township, Mayor De La Roche, Township Council and Mrs. Lashway, individually, and that is why everybody has to have individual lawyers. It was interesting that Mr. O’Neill did another $3,700 worth of work defending the Mayor for an appointment that he agreed with the applicant. The next one is even a bigger one and I guess this is just finding out what is going on. I see that from our Labor Attorney we have a $10,000 bill. It was check # 50586. We don’t, and I guess Mr. Rattner (cont’d): it’s appropriate we don’t get any backup when it has to do with personnel issues but the $10,000, have we resolved whatever the issue and what was the deposition of it?
Mr. Dorsey: I have another question. This is. It appears to be litigations. It appears to be a suit in Superior Court, is that right?
Mr. Prill: I am sorry. I would have to actually pull the voucher to see what the work is.
Mr. Dorsey: What strikes my interest is. I am surprised that it wasn’t submitted to the Morris JIF/MEL for coverage under their EPO policy and I don’t recall that suit ever being submitted. I would like to see a copy of the complaint.
Mr. Prill: If I am not mistaken, I believe that that dealt with the dismissal of Mr. Lata.
Mr. Rattner: I didn’t want to bring the name up.
Mr. Dorsey: His termination?
Mr. Rattner: Yes.
Mr. Prill: I mean that is what it is.
Mr. Dorsey: I don’t ever remember seeing that complaint. So maybe I can see it sometime.
President Greenbaum: Any other issues on the Bill List?
Mr. Dorsey: Mr. Rattner should know that, and I find this really unbelievable, that Mr. Ruggiero has filed an appeal with the Appellate Division. He has filed the transcripts of the hearings and the brief.
Mr. Tepper: You’re surprised by that?
President Greenbaum: No, he has now citing to the United States Constitution as to why he is entitled to.....
Mr. Tepper: What I am saying, you are surprised he is running it to an extreme?
President Greenbaum: Okay. I am going to ask the Administration through the Clerk’s office to provide a copy of that complaint.
Mr. Buell: We already received that.
President Greenbaum: We probably did but we need to take a look at it again and make sure that Mr. Dorsey has a copy of it. Any other questions on the Bill List? Mr. Russell, did you have any questions? Why don’t you just come up to the podium and just identify your questions.
Nelson Russell, Budd Lake: On the same page is Mr. Apruzzese, page #7. I am seeing a vehicle tow for $175.00 that seems awfully expensive for towing a vehicle.
President Greenbaum: That is #050589?
Mr. Russell: Correct.
President Greenbaum: What else do you have?
Mr. Russell: You already got the De La Roche one. Thank you.
President Greenbaum: Anyone else from the audience have any issues on the Bill List? Okay, we will get back to those later on. The next item is approval of Minutes.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
June 27, 2006
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
July 11, 2006
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
President Greenbaum: Mr. Tepper, do you want to move those please?
Mr. Tepper: Certainly, I move that we approve the Minutes of the meeting of June 27, 2006 and July 11, 2006.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded, does anyone have any comments, deletions, corrections? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received July 6, 2006, from Yvonne Hammers regarding Mayor and Council.
2. Letter received July 7, 2006, from Clifford Greenwood to the Star Ledger regarding circulation of unwanted newspapers to residents.
3. Letter received July 7, 2006, from Mount Olive Board of Education regarding change to High School Site Plan.
4. Letter received July 7, 2006, from Flanders Yoga Studio regarding “zoning” issues at current location.
5. Conspectus received July 10, 2006, from Rutgers regarding New Jersey Future’s Redevelopment Conference is Top Draw; Bloustein Faculty connects GIS with finding NYC Rest rooms, Annual Conferences Provide Learning Opportunities for Government Officials and Employees, Veteran Instructor Provides Retreat for Working Women.
6. Letter received July 11, 2006, from Robb Pearson regarding Library and Library Board.
7. Letter received July 18, 2006, from Peter Holmes regarding “Noise” Ordinance.
MUA / HMUA / MSA
8. Letter received July 10, 2006, from Musconetcong Sewerage Authority regarding list of allocations for participating municipalities in the 4.31 MGD water pollution control plant.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
9. Ordinance received July 10, 2006, from Allamuchy Township regarding Proposed Amendment to the Land Development Ordinance.
10. Resolution received July 17, 2006, from Borough of Mount Arlington opposing the New York/ New Jersey / Philadelphia Metropolitan Area Airspace Redesign as Proposed by the Federal Aviation Administration.
11. E-mail received July 17, 2006, from Department of Community Affairs regarding the Prestigious Innovations Award.
LEAGUE OF MUNICIPALITIES
12. League Alert received July 7, 2006, from the New Jersey State League of Municipalities regarding Afternoon Budget update.
13. League Alert received July 10, 2006, from New Jersey State League of Municipalities regarding FY 2007 Appropriations Act (Budget Recap)
14. Letter received July 17, 2006, from New Jersey League of Municipalities regarding League Seminar on “Retirement Planning and Pension Update.”
15. Letter received July 19, 2006, from New Jersey State League of Municipalities regarding League Seminar on Present Day Gangs: Best Practices and Solutions for Law Enforcement.
DOT / DEP / LOI
16. Notice received July 5, 2006, from State of New Jersey, Department of Environmental Protection regarding Wein Laboratories, Inc. Block 6000, Lot 10 (60 Pleasant Hill Road).
17. Application checklist received July 10, 2006, from Abram Simoff, Mgr. regarding General Permit Authorization, Individual transition area waiver for Mount Olive Center Associates for property located at Rt. 46 & Old Budd Lake Road (Block 4100 Lots 80, 84, 87 & 88).
18. Letter received July 13, 2006, from Careaga Engineering, Inc. regarding Borough of Netcong –Well House #2 Block 4300, Lot 18 (1 International Drive South).
19. Application checklist received July 13, 2006, from Robert J. Rolsing regarding General Permit Authorization and Septic Repair for Block 7600, Lot 62 (117 Mount Olive Road).
20. Letter received July 14, 2006, from State of New Jersey, Department of Environmental Protection regarding the Freshwater Wetlands Protection Act. Block 3305, Lot 14 (212 Route 46 West).
21. Letter received July 14, 2006, from Robert Rolsing regarding Authorization for Freshwater Wetlands Statewide General Permit N. 25 and Waiver of Transition area for access. Block 7600, Lot 62 (117 Mt. Olive Road, Flanders, NJ).
22. Letter received July 14, 2006, from Environmental Technology Inc. regarding Request for Letter of Interpretation – Line Verification Extension Applicant: Rezamir Estates, Inc. Block 7000, Lot 64.01 – 64.17 (formerly lot 64) 17 Shop Lane, and 2 Yalda Ct. / 20 Shop Lane.
23. Letter received July 18, 2006, from State of New Jersey, Department of Environmental Protection regarding Deerfield Estates Restoration Plan Approval. Block 7000, Lot 64 (Shop Lane).
24. Letter received July 20, 2006, from State of New Jersey, Department of Environmental Protection regarding Area of Concern: One 550-gallon #2 Heating Oil Underground Storage Tank System. Block 7801, Lot 4 (72 Stedwick Village).
25. Newsletter received July 14, 2006, from Council on Affordable Housing regarding 2006 Regional Limits, New Staff, and attention affordable housing administrators.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
26. E-mail received July 14, 2006, from Congressman Frelinghuysen regarding Deficit reduction report, reauthorizes voting rights act, internet gambling curbed, house moves to ensure Accountability, Transparency in credit rating agencies.
27. Letter received July 14, 2006, from Associated Consultants Engineers and Land Surveyors, Inc. regarding Area of Disturbance Site Plan, Survey Map of Subdivision and Letter to NJDEP with attachments Block 5002, Lot 10 (Williams Minor Subdivision – Flanders Drakestown Road)
28. Fax received July 14, 2006, from Comcast regarding On Demand Direct Tune Channels.
29. Letter received July 17, 2006, from New Jersey Natural Gas regarding daily list of disconnected residential customers.
30. Fax received July 18, 2006, from Comcast regarding On Demand Direct Tune Channels.
31. Letter received July 19, 2006, from Comcast regarding additional channels being added to the on Demand line-up.
President Greenbaum: There are 31 pieces of Correspondence on the Agenda. Is there anyone who wishes to discuss any particular piece of Correspondence?
Mr. Buell: Yes, #23. The Department of Environmental Protection regarding Deerfield Estates. I think I remember reading that and it indicated that Mr. Mortezai whatever, the owner has submitted inaccurate information to DEP.
President Greenbaum: Yes, with regard to the delineation of the wetlands.
Mr. Buell: Has our Planning Board, is there any way to re- review that whole subdivision at this point in time based on that information and has it?
Mr. Dorsey: It hasn’t.
President Greenbaum: My guess Mr. Buell is that the delineation of the wetlands is a preliminary matter that is within the jurisdiction of the DEP. The Planning Board in and of itself does not review wetlands delineations made by the DEP. I would imagine that we could refer back to the Planning Board to determine whether or not any of the lots which were approved are actually some how effected by the inappropriate delineation of the wetlands and I will certainly do that. I will make a request that the Planning Board review that matter to determine whether or not the delineation of the wetlands, the correct delineation of the wetlands impacts the development as proposed. I don’t know at that point what action would be appropriate by the Township. That is something that Mr. Dorsey is going to have to answer to the extent....or the Planning Board attorney is going to have to answer to the extent that some of the lots are affected by the wetlands, the correct wetlands delineation. I would assume the entire plan with respect to those lots is.......
Mr. Dorsey: Clearly the approval would be revoked on the basis that it was based on false certifications to the Planning Board.
President Greenbaum: I am actually going to refer the matter back to the Planning Board and ask that they review the entire plan in light of the fact that the DEP has come in with the findings that they have. Okay, so we are going to have to do a letter to the Planning Board to......
Mr. Rattner: And then....the Highlands Preservation zone.
President Greenbaum: Yes.
Mr. Rattner: Yes.
President Greenbaum: Okay, are there any other discussions with respect to.... that was a very good point Mr. Buell. Any other comments on any particular piece of Correspondence? Seeing none, we will move on.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: The first Ordinance for public hearing is Ordinance #19-2006 entitled:
Ord. #19-2006 An Ordinance to Amend Chapter 211, Solid Waste Disposal, Article III, Dumpsters, Section 16, Requests for Dumpster Service, of the Mount Olive Township Code.
President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #19-2006? Yes, Mr. Russell.
Mr. Russell: That’s the dumpster one?
President Greenbaum: The dumpster one.
Mr. Russell: I am wondering why we are in the dumpster business if we are not going to allow construction material. Who has nine cubic yards of household trash?
Mrs. Labow: A lot of people.
President Greenbaum: You should come to my house.
Mr. Tepper: I have done a ten yard one before.
President Greenbaum: I will tell you with the plastic I have in my backyard alone, I bet you I could fill up a couple 40 cubic yard dumpsters. Certainly, I don’t think that 10 cubic yards is a lot to fill up even without construction material.
Mr. Russell: Okay, I am just wondering why we are even in the business?
President Greenbaum: I rented a 30 cubic yard from a hauler and filled it in about an hour and a half with just household things that had accumulated that you just can’t otherwise get rid of.
Mr. Biondi: I can speak for that. I have rented a dumpster from a Township a couple of times and it is an invaluable service. It really is. It’s cost effective and it is very easy to do and I am going to do it again soon.
President Greenbaum: Is there anyone else from the public who wishes to be heard on the dumpster ordinance? Lisa, you have something? You need to come up and state your name.
Lisa Kennedy, Stedwick Village I: We were thinking about renting the dumpster from the Township instead of a private company. What are the penalties if some of our residents put actual construction debris in there or other items that shouldn’t be with this new Ordinance?
Mr. Tepper: That is actually one of the shortcomings, I believe, of the Ordinance that it does not spell out specifically the penalties for violating that.
Mrs. Kennedy: No it doesn’t.
Mr. Tepper: And that was pointed out but only recently, after it was added to the hearing.
President Greenbaum: You are right. It may need to be amended as....
Mr. Tepper: That is how it can be done, rather than to hold it up. Just re-amend.
President Greenbaum: It is to introducing an amending ordinance.
Mr. Tepper: I would suggest we do that.
President Greenbaum: I saw that memo.
Mrs. Kennedy: How long?
President Greenbaum: I’m sorry.
Mrs. Kennedy: How long would that... a month?
Mr. Tepper: Three weeks, three weeks is what it says now. No, to be reintroduced or how long can you keep a dumpster?
Mrs. Kennedy: For the change to go into place.
President Greenbaum: That would be dependant upon when Council decides to list it for first hearing and then it would be adopted, generally in a month.....30 days after it has been listed for first hearing.
Mr. Biondi: Mr. President, if I might. I think the spirit of that is that if you throw a couple of pieces of two by four in there, nobody is going to bother you. They don’t want you to take a nine yard dumpster and filling it with sheet rock. I have had a dumpster now probably three times at my house. Did I put some small construction things in there? Maybe, a couple of two by fours stuff like that. There was never any penalty, never.
Mrs. Kennedy: Okay.
President Greenbaum: Well, that sounds like.....
Mr. Tepper: Now we can.
Mrs. Kennedy: I know.
Mr. Tepper: Now we know we can fine him.
Mr. Biondi: Guilty as charged. I think they are looking for the one that is going to fill it up with construction stuff.
Mr. Tepper: Are you looking for this as an alternative to a commercial carter?
Mrs. Kennedy: We used one from the town a couple of years ago and there were some complaints from the people picking it up of what actually went in there. Everything from weight lifting equipment, to someone decided the week that it was out there... they were gutting there basement and it was going in there. The Board wanted to know if we were better off going with the private company and paying that amount or if the Township was going to have something in place that we could give to the residents and say these are the penalties. This is what is going to happen if you do it.
President Greenbaum: Right now the Ordinance is non-specific in terms of the penalties and it was recognized and there was a memo that was circulated which discussed that issue. So it’s unclear. Probably within the next 60 – 90 days we will introduce another ordinance that will put in a penalty provision of this particular ordinance.
Mrs. Kennedy: Thank you.
President Greenbaum: Thank you. Anyone else from the public who wishes to be heard on this ordinance? Mr. Buell, do you want to move Ordinance #19-2006?
Mr. Buell: Thank you, I move for adoption and final passage of Ordinance #19-2006.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded, is there any Council discussion?
Mr. Rattner: I will be voting against it because I can remember why we had this ordinance. When we first provided dumpsters it was so if you were doing a project around your house, you could dump it out and there is provisions in the current ordinance. That if you put in stuff that is very, very heavy that you get charged extra, it’s a $100.00 minimum......Yes it is, I have the ordinance right in front of me.
Mrs. Labow: I talked to Tim today, they don’t do it.
Mr. Rattner: They don’t do it because they haven’t because somebody made the decision not to follow the ordinance. The ordinance is very, very plain. On a fee for construction debris dumpster, consists of a deposit of $500.00.
Mrs. Labow: They have construction debris dumpsters.
Mr. Biondi: It is not a construction dumpster.
Mr. Tepper: This is not a construction dumpster.
Mr. Rattner: This is the nine yard if you are doing a little project. It is not for major renovations. It is not for contractors. Why do you think they had it in there to begin with? That is what people used it for, is if you were doing a project, ripping up a lot of carpeting in your house and stuff like that, that is considered construction. You rip up your flooring, that is a construction project and this was actually put in there. They had one that was just a set fee for your regular household stuff and the other one, if you had a project and said no private companies and preferred uses. It was if you had a project, a nine yard dumpster is not used for a major house renovation, it is meant for clearance of paneling off your wall. You know you go to Lowe’s and you buy your paneling, your putting up a new ceiling, your ripping up some vinyl, you know the vinyl flooring and putting down something else. That is what the purpose was for. They had a set fee of $200.00 if you just had it and it was very specific, not to exceed two weeks. If you have a commercial, you pay $500.00 deposit and that is the current ordinance and I don’t see any problem with it. Its $100.00 for the service plus any tipping so it is a minimum of $100.00, plus whatever the actual weight was and it was put in there as a convenience. It was just a service for the residents. It wasn’t because we wanted to do anything else because we had them and it was a conscience decision to provide an additional service, that’s all and I think it is a good service.
Mr. Tepper: Steve, this directly contradicts what you just said. In that it says, currently provides for construction debris dumpsters to be provided by the Township which is a service that the Township no longer provides. So it specifically states that subsection B of section 16 is no longer applicable.
Mr. Rattner: It is not applicable because the Administration at some point decided to cut it out without changing the ordinance. I have the Ordinance....
Mrs. Labow: That is why we are updating it.
Mr. Rattner: And that is what I am saying that I am disagreeing with. I think it is a valuable service, I think a lot of people especially with the growth of home centers people do small projects.
Mr. Tepper: This is specifically for household. It specifically excludes construction and the purpose of this is only for household.
Mr. Rattner: That’s right but originally it was the other way around and we are cutting out service that was provided, I didn’t know it stopped. That is all I am saying.
President Greenbaum: Okay, Mr. Rattner is in favor in continuing with allowing construction dumpsters. Your point Mr. Tepper is well taken, that this actually officially ends that practice.
Mr. Biondi: The people that I know and myself included that have used the service, they are not using it for construction stuff, they are using it to clean out their garage, to clean out the attic, and it is easier than....it’s just easier.
President Greenbaum: Sometimes there is a very fine line between what construction is and what isn’t. Mr. Rattner is in favor of continuing, of allowing the dumpster to be used for construction purposes as pursuant to the Ordinance which you cited.
Mr. Rattner: Household garbage, you’re not going to get more than a ton in a nine yard thing if you’re just throwing out your stuff but if you are doing something, taking down paneling and putting a lot of stuff like that, taking down a fence.
President Greenbaum: Alright, any other discussion?
Mr. Rattner: Just a lot more weight.
President Greenbaum: Roll Call.
ROLL CALL: AYE: Mr. Tepper, Mr. Biondi, Mrs. Labow
NAY: Mr. Buell, Mr. Perkins, Mr. Rattner, Mr. Greenbaum
President Greenbaum: So that Ordinance fails.
Mr. Rattner: I won.
Mrs. Labow: You won.
Mr. Rattner: I won?
President Greenbaum: The next ordinance for public hearing is Ordinance #21-2006 entitled:
Ord. #21-2006 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of Certain Non-Union Personnel for the Year 2006.
President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Lisa, do you have anything, just kidding. Mr. Biondi, do you want to move Ordinance #21-2006?
Mr. Biondi: Mr. President, I would like to move Ordinance #21-2006 for approval.
President Greenbaum: Is there a second?
Mr. Perkins: Second.
President Greenbaum: Moved and seconded, is there any Council discussion?
Mr. Buell: Just a question. Have we hired the part-time animal control census takers and have they started to do the censorship?
Mr. Prill: Yes. I don’t know where they are at in the process but yes, they are out in the field.
President Greenbaum: Any other questions or comments? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance # 21-2006 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.
The next ordinance for public hearing is Ordinance #22-2006 entitled:
Ord. #22-2006 An Ordinance to Amend and Supplement Chapter 102, Documents – Fees for Copies of, Article I, General Fees, Section 102-1, Fee Schedule, of the Mount Olive Township Code.
President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. I would ask Mrs. Labow, to please move Ordinance #22-2006 for approval.
Mrs. Labow: Thank you, Mr. President. I would like to move for adoption and final passage of Ordinance #22-2006.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any Council discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Next ordinance for public hearing is Ordinance #23-2006 it’s a Bond Ordinance. It requires a super majority of five sevenths of Council to approve, entitled:
Ord. #23-2006 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,437,016 Therefore and Authorizing the Issuance o$1,207,537 Bonds of Notes of the Township to Finance Part of the Cost Thereof.
President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public and I would ask Mr. Rattner, to please move..........
Mr. Rattner: I move for final adoption and passage of Ordinance #23-2006.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance # 23-2006 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.
ORDINANCES FOR FIRST READING
President Greenbaum: There are no Ordinances for first reading this evening.
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 of the Township Council of the Township of Mount Olive Urging Governor Jon S. Corzine & the State Legislature to Cut State Spending & Cut Taxes to Reduce Property Taxes in the State Budget for FY2007.
2. Resolution of the Township Council of the Township of Mount Olive Petitioning the New Jersey State Legislature to Introduce Amendments to the New Jersey Senior Tax Freeze Protection Act.
3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Between the Township of Mount Olive, Lutheran Social Ministries of New Jersey and the Abiding Peace Senior Housing Corp., Relative to the Development of Lot 12.01 and 12.02 in Block 6000.
4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Award of a Professional Services Contract to Schoor DePalma for the Resurfacing of Pleasant Hill Road, Phase II, and Rt. 46 Sidewalk Improvements, Phase II.
5. Resolution of the Township Council of the Township of Mount Olive Approving a Drainage Easement to be Granted by Abiding Peace Senior Housing Corp. to the Township of Mount Olive.
6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Certain Performance Guarantees Posted by Hashemi for the Best Western Hotel.
7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Certain Performance Guarantees Posted by DPC Cirrus.
8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Limited Lifting of the Noise Ordinance for the Fellowship Chapel’s “FX” Family Experience at Flanders Park.
9. Resolution of the Township Council of the Township of Mount Olive Relative to the Retirement/Surrender of Plenary Retail Consumption License No. 1427-36-028-001 Issued to WHCMB Inc. Trading as Wyndham Garden Hotel for Premises Situated at 1000 International Drive (North), Budd Lake, New Jersey.
10. Resolution of the Township Council of the Township of Mount Olive Granting a New Plenary Retail Consumption License No. 1427-36-029-001 to Cendant Hospitality, Inc. Trading as Wyndham Garden Hotel for Premises Situated at 1000 International Drive (North), Budd Lake, New Jersey.
11. Resolution of the Township Council of the Township of Mount Olive Approving the Cable TV Franchise Renewal with CSC TKR, Inc. d/b/a Cablevision of Morris (insert 10 or 15 yrs.)
12. Resolution of the Township Council of the Township of Mount Olive Rejecting the Bid for the Turkey Brook Park Well No. 2 Conversion Project.
13. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2006 Municipal Budget ($6,410 Pandemic Flu Preparedness).
14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes & Sewer Charges on Block 3700, Lot 5 and Block 3700, Lot 42 (JMI Associates).
15. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2006 Municipal Budget ($1,600 for Computer Equipment from the county of Morris).
16. Resolution of the Township Council of the Township of Mount Olive Extending the Grace Period for Payment of the August 2006 Quarterly Tax Bills.
17. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Thomas Hitchins, Architect, for $6,600.00 to Stabilize the Seward Mansion.
18. Resolution to Authorize the Submission of an Application to the Morris County Open Space and Farmland Trust Regarding Smithtown Greenway.
19. Resolution to Authorize the Submission of an Application to the Morris County Open Space and Farmland Trust Regarding Black Brook Greenway.
President Greenbaum: There are 19 Resolutions on the Consent Resolutions Agenda. Does anyone wish to have any of the Resolutions removed and put on the Non Consent Resolutions Agenda?
Mr. Tepper: Number 11.
President Greenbaum: Number 11, any others? Okay, so then I would ask Mr. Perkins, to move the Consent Resolutions Agenda which now consists of #1-10 and #12-19.
Mr. Perkins: I move for adoption of Consent Resolutions #1-10 and #12-19.
President Greenbaum: Is there a second?
Mr. Buell: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: Moved and seconded, anyone 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.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Does anyone on Council have any brief clarifying statements with respect to any of the items on the Consent Resolutions Agenda? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
RESOLUTIONS NON CONSENT
President Greenbaum: We are up to the Non Consent Resolutions Agenda, which at this point is #11. I would please ask Mr. Tepper to please move #11 for approval.
Mr. Tepper: I move Resolution #11 for approval.
Mr. Buell: 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 Resolution #11? Seeing none.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Mr. Tepper, you asked to have it removed.
Mr. Tepper: I asked to have it removed because I believe without knowing the specifics of what we are receiving for 10 and/or 15 years that we should not approve it for 10 or 15 years without knowing that information. If asked to vote on it now, I would not vote on anything for over five years but I would like to know what they are going to give us very specifically.
President Greenbaum: Does anyone else have anything to add on #11? Roll Call.
President Greenbaum: Can they shut off the cable if we don’t give them the......
Mr. Buell: Yes.
Mr. Tepper: Then you go to satellite.
ROLL CALL: Nay: Mr. Tepper, Mr. Buell, Mr. Biondi, Mrs. Labow, Mr. Perkins, Mr. Rattner
AYE: Mr. Greenbaum
President Greenbaum: I am not responsible for cable being shut off.
Mr. Rattner: The motion I wanted to make, regarding the contract.
President Greenbaum: Yes. We can do that at the.....
Mr. Dorsey: You can do that now. We are going to go into Non Consent Resolution, we have two of them.
President Greenbaum: Okay, we have another Non Consent Resolution.
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MOUNT OLIVE APPROVING AN AMENDED FAIR SHARE PLAN AND SPENDING PLAN TO INCLUDE THE LUTHERAN SOCIAL MINISTRIES SECOND PHASE OF ABIDING PEACE SENIOR HOUSING
WHEREAS, the Township Council sometime ago endorsed the concept of contributing a sum of approximately $384,900.00 to the construction of an additional 50 units by the Lutheran Social Ministries as a second phase of the senior housing project known as, Abiding Peace; and
WHEREAS, that project is not currently a part of the Townships Fair Share Plan and Spending Plan. It must be included in both of those items in order for the expenditure of funds to be approved by the Council on Affordable Housing; and
WHEREAS, Chuck McGroarty, the Township Planner, appeared this evening gave an in detailed explanation as a need for amending the Fair Share Plan and Spending Plan which plans have already been amended by the Planning Board but such amendments are subject to the Township Council’s concurrent approval.
NOW THEREFORE, BE IT RESOLVED, by the Township Council, the Township of Mount Olive that it does hereby approve the amended fair housing plan and spending plan to include the 50 additional units to be built by the Lutheran Social Ministries in connection with the project known as Abiding Peace Senior Housing Complex and that said amended Share plan and Spending Plan shall be submitted to COAH for its approval and no expenditures shall be made into those Amended Plans until same are approved by the Council on Affordable Housing.
Mr. Rattner: So moved.
Mrs. Labow: Second.
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Is there anyone from the Council who wishes to be heard?
Roll Call please.
ROLL CALL: Passed Unanimously
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MOUNT OLIVE WITHDRAWING ITS AUTHORIZATION FOR THE MAYOR TO EXECUTE THE MOTPEA CONTRACT PREVIOUSLY AUTHORIZED BY THE COUNCIL UNTIL A FINAL REVIEW OF THE CONTRACT IS PERFORMED BY THE TOWNSHIP COUNCIL
WHEREAS, the Township Council, some weeks ago approved the proposed MOTPEA Contract for the year 2006; and
WHEREAS, it is the Council’s understanding that there had been changes in the agreement as originally approved by it; and
WHEREAS, the Mayor was previously authorized to execute same but the Council has been advised he has not executed same.
NOW THEREFORE, BE IT RESOLVED by Township Council of the Township of Mount Olive that the Mayor shall not execute the proposed Labor Agreement with the MOTPEA until such time as the Township Council can review the final draft of that agreement being prepared by the Township’s Labor Counsel and the MOTPEA’S Counsel and satisfies itself that same is in substantial compliance with the Township Council’s original authorization.
Mr. Rattner: Mr. Dorsey, I believe it is not all the contract. I believe it is only the MOTPEA, the police are separate. They have guns and we are not going to get them mad.
President Greenbaum: Amended to reflect only MOTPEA. Mr. Rattner, are you moving that?
Mr. Rattner: I move that.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any one from the public? I close it to the public. Anyone on the Council have any comments?
Mr. Dorsey: I would just say, as soon as that review is done, the Mayor should get a letter from the Council President advising him the review has been completed, let’s assume it is satisfactory, and he is again authorized to execute it so that there will not be any additional delay that I will be billing for.
President Greenbaum: We are going to blame Mr. Rattner, not you.
Mr. Dorsey: Okay.
ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum voted No.
1. Bill List.
President Greenbaum: Mr. Tepper, do you want to move the Bill List?
Mr. Tepper: I move that we approve the Bill List as presented.
Mr. Rattner: Second.
President Greenbaum: A number of questions have been raised relating to the Bill List. Are you going to come up Chief?
Chief Katona: The tow bill and the expense of the tow bill was due to the fact that it’s more expensive to tow cars when they are on their roof.
President Greenbaum: When they are what, on their roof?
Chief Katona: On their roof. The bill reflects additional labor for righting the car and putting it on its roof and it was one of our patrol cars and I am sure everyone is aware of that.
Mr. Biondi: I hope that wasn’t one of your officers that we had to tow?
Chief Katona: No, he walked away.
President Greenbaum: Okay, there were several other questions. One of them related to the bill for the litigation, the employment litigation. I guess I am going to request a copy of that complaint. I don’t think anyone wishes to have that bill removed, do they?
Mr. Rattner: No, that was just a statement.
President Greenbaum: You know what? The beginning of the meeting is set for questions, not for statements. Mr. Rattner, although I know just from sitting up here for five years that you take every opportunity to impart statements as we go along.
Mr. Buell: Mr. President, there are also in addition.....I think earlier bills on this same case, they also should be pulled and provided to Mr. Dorsey.
President Greenbaum: It is not so much the bills at this point, as it is the nature of the litigation.
Mr. Buell: As I said, this is not the first bill that we have had on this particular....
President Greenbaum: I understand that.
Mr. Rattner: The request was just really on the litigation, it was my request.
President Greenbaum: Okay, the only other issue I see on here relates to Joe O’Neill’s bills. I can’t fathom how in June he was racking up $3,600 in bills on the matter? I guess it relates to the Appellate Division filing.
Mr. Dorsey: No, it can’t.
Mr. Buell: No, we have actually termed it, pulled this previously for review because there was the issue whether or not he was going to be doing duplicative work...
Mr. Dorsey: That issue was brought up the first time he was retained and in accordance with the Council’s direction I wrote him a letter. Please don’t fool yourself by submitting a brief for which Mr. Ruggierio would have already been ordered....he actually called me up and thanked me for that advice. I do know that Mr. O’Neill appeared in court, perhaps for an hour and a half to two hours, something like that. I do not know what else he did other than make that court appearance and without an invoice, I am not capable of......
Mr. Buell: The invoice is here and it does list hours....
Mr. Dorsey: I don’t see.... Mr. Rattner doesn’t have the invoice.
Mr. Buell: It was over here. In fact, Sherry has it back there.
President Greenbaum: Is anybody inclined to have it removed? It doesn’t sound like it.
Mr. Buell: I am going to vote no to pay it. Whether we move it, or not?
President Greenbaum: Okay.
Mrs. Labow: I agree.
President Greenbaum: Does anyone have any other questions related to the Bill List?
Mr. Tepper: The Verizon bills, as to why we haven’t paid our bills since June of last year?
Mr. Biondi: Why is that?
Mr. Rattner: Let’s start this in the right order. Yesterday at 4:14 P.M. for everybody on the Mount Olive distribution, “We are experiencing a billing problem with Verizon. We do not have long distance capability at this time. Fax machines and phones will generate a message that access is denied. Verizon is being contacted about the problem further updates will follow.” Believe it or not, I waited 12 hours to see if I got any updates and I didn’t and that is when I wrote my memos early this morning. What was interesting is. I went to the voucher list and the same thing that Mr. Tepper mentioned, I see bills that go back 13 months and so obviously we had a billing dispute and those things happen with the telephone company and the regulations that they serve under. They can’t cut off service without warnings. I mean we do get a bill every month whether we pay it or not. We have been getting late charges and my last question on that is that we are still deducting the late charges. Now it seems that their process is very similar to what we do in this town. Now, you don’t pay your sewer bill but there you can be 15 days late we charge you a percentage, if you get certain amount of quarters behind we shut off your service until you pay. So I think we know how the system works because we have a utility too but I guess I have this.....and not really hearing anything else. I know this morning just from talking, after I went to the Mr. Rattner (cont’d): senior function, do we have long distance service yet? A few people said I don’t think so. I don’t really know if we do or not but to get a general distribution this went to every employee is my guess, we are experiencing a billing problem? We are not experiencing a billing problem. Based on the vouchers we experienced a payment problem. I hope we can at least get an explanation of what is happening, somebody did mention tonight it may not be a billing problem, it is a maintenance problem. Now I don’t know what to believe. I don’t know to believe anybody because the other thing is, why is a police officer, a very good one at that because that is where this came from, notifying, why wasn’t the Administration on top of it and whatever the problem is, letting everyone know this is really what the issue is. This is what we are working on. This is when it is going to be done. I still haven’t gotten a single comment from the Administration.
President Greenbaum: Mr. Prill?
Mr. Prill: The issue that you are referring to is not a billing problem. It is work that Verizon is doing that is causing the problem. There is a work order that they had issued to correct the problem, which they created. Again, it is not a billing problem.
Mr. Rattner: Who authorized the email to go out saying it was a billing problem?
Mr. Prill: I will let the Chief answer that specifically but Mr. Gaskill the IT manager was out sick yesterday. Normally he would have addressed that issue but because he was out the officer that did send the email out was made aware that there was an issue and was alerting the staff that there was a pending issue that was being worked on by Verizon.
Chief Katona: The initial assumption that the officer made was that there was a billing problem. At this point, I don’t know how he came to that assumption but that is the assumption that he made. He made an attempt to let everyone know that there was a problem and that it was being worked on. We provide officers to back up our IT person in both the phones and the computer systems in just the event that Scott is unavailable. In this case, it happened later in the day. We tried to take immediate action on it. We tried to find out what was going on and let everyone know what was going on. Erroneously, we sent out the wrong information at that time.
Mr. Rattner: And it is only a coincidence that we all of the sudden rushed to pay telephone bills back to January on July 25th, oh gee that’s today. So yesterday, we knew we were going to be paying these bills today.
Mr. Tepper: I guess the question is why didn’t we pay last June and July’s until now?
Chief Katona: There has been an ongoing issue, since when Mr. Casey was the acting Administrator, when we challenged certain bills from Verizon. To my knowledge, I don’t believe that we have resolved all of those issues. The amount of phone lines that we have in here, the types of phone lines we have RTNA lines BANA lines and other data lines are very confusing. When we move from one building to another and we swap out one piece of equipment for another, the needs and types of phone lines that are needed changes. At sometimes we dropped the service yet we don’t drop the bill and we keep getting paid with that. This officer and Scott Gaskill and previously Mr. Casey had been working on resolving those issues. Working with Verizon and trying to get them to take away a large number of these erroneous bills is very difficult. Tonight I don’t know what the status of that effort is. I don’t know if these bills that you are seeing on this bill list are resolving that issue or not? I don’t know if....well, Scott is not here so I wouldn’t be able to answer that for you.
Mr. Rattner: Just answer one question. Just one little question, and I didn’t question on the bill list. Are we going to be knocked off the internet tomorrow because of a maintenance problem because in the package we actually have two bills from GTI. One is a revised bill received in February, was actually signed off in April and we are paying today? It was in the package yesterday to be paid today and we have a half a years worth of....going back to last November so are we going to have a maintenance problem with GTI now which is our... I guess our internet posting that we are rushing to pay the bill today for bills that are also eight months old. It looks like the revised bill came in six months ago and we were approved three months ago.
Mr. Prill: Well, Mr. Rattner. I take acception to your reference that we are rushing to pay these bills. As you well know, the process for giving purchase orders and invoices on the Bill List is not something that is done the day before a Council meeting. These are in process weeks before. Is it coincidental that these are coming in now? Read it as you will but to reference that we are rushing these things at the last minute is inappropriate.....
Mr. Rattner: Mr. Prill, you signed off on it on April 12th. Don’t tell me that I am just making it up. This is your signature under the Administrator, the CFO signed off on it on April 14th. Today we are paying it because we have problems and somebody shuts off our telephone service? I don’t know what to believe but to me, it is just one heck of a coincidence that we are paying up to a year old telephone bills today because we got our telephone service cut off in the last couple days. Then I see another one, this has your signature as of April 12th this is not....this is rushed to get it out today.
Mr. Prill: I do take acception to your reference and I also take acception to you saying that the telephone company has shut off the service. They had not intentionally shut off the service. They were doing some work. Apparently, that work has caused a problem in knocking some of the lines out.
Mr. Rattner: Mr. Prill, I don’t how to make this any clearer. You are the Business Administrator, you are responsible. You are the captain of this ship, anything that comes out of this building is your responsibility. You delegate it, it is your responsibility. It’s not my responsibility. It’s not the guy from Sal’s Pizzeria. It is yours. I get an email from this building saying we have been cut off because of not paying bills. I don’t know what else to believe. That email is still your responsibility. You may have not done it, it is still your responsibility and I can just go.....I look around we get a follow up something a follow up will come, no follow up came. I came in and just look in what I can, I don’t have access to anything, and I find all these bills that are all of the sudden being processed. With the limited resources I have, that is the conclusion I made but that email is still your responsibility just like anything else that happens in this building.
Mr. Prill: You just have been just provided an explanation by the Chief.
Mr. Rattner: Yes.
Mr. Prill: Were you also made aware earlier today, prior to your memo being distributed of the correction that was made from Scott Gaskill....
Mr. Rattner: I said, one of the employees mentioned that they were told that it is now a maintenance problem. I don’t know whether to believe it because it took 12 hours before it came because they said, it was around 3:00 and I think they said that everybody got another email. Twenty four hours after we were told we were cut off of our long distance service because of lack of payment of bills, it took that long. I would imaging that would have been a heck of a lot quicker, somebody should have been on the phone with the telephone company because a government cannot operate without their communications. Whether it is only a fax machine...........or like the memo said maybe we will find out we don’t need the fax machines.
President Greenbaum: Okay, that is enough discussion on that issue. You have made your point Steve. Mr. Prill, you have responded as best you can. Mr. Tepper, did you get an answer to your question, are you satisfied?
Mr. Tepper: I don’t believe we’ve been answered the question why we are not paying bills since last June. I don’t think it should take a year to pay a bill and if you dispute it, it should so be noted that it was disputed so we would not ask the question.
President Greenbaum: Sherry do you want to come up here.
Mr. Prill: I believe the Council has been made aware on different occasions that this matter, this dispute that we are having with Verizon has been an ongoing issue. That we are meeting with them, we are working with them. We keep getting assurances from Verizon that they are addressing it. The credits that we are supposed to be getting are supposed to be hitting I believe in the upcoming bills. Council has been made aware of this so....
Mr. Buell: Yes, I am aware of some of this.
President Greenbaum: Mr. Prill, what you are saying is, that the reason that a lot of these bills haven’t been paid to date are because of disputes related to the billing. I am not sure that answers Mr. Rattner’s point as to why a bill was signed off on in April if there was still a billing dispute related to that particular bill and why all of the sudden it ends up on our bill list now when there is admittedly a problem with our phone service for whatever reason, we had a problem with our phone service. In terms of the memo that was sent out by the police department or from an individual from the police, it is a red herring. You know what, information needed to be circulated that there was a problem with the long distance service. I am sure that is all the individual who sent out the memo was doing. Let’s get back to the central issue. Why is a bill approved in April, even if there were disputes related to the bill, I would imagine that it wouldn’t be approved unless it was approved and removed from the bill list at some point.
Mrs. Jenkins: You have to remember that some times Rick and I sign things and they will not get paid immediately because the person who has to sign off that the product or service that has been delivered is not ready to do that, that happens frequently but I want to get back to the bigger issue. The bigger issue is that we have been disputing any number of bills with Verizon for probably over a year at this point. Okay, this goes back to when Bob Casey was here. He advised my department not to pay the bills that there were questions or issues on. That we were to send a letter to Verizon, saying that we were not going to be paying because the bills were in dispute. That was done. My understanding is, is that there was significant resolution that occurred in the last few weeks relative to a good portion of the bills, which is why we are now at the point where we can actually make payment. Again, the next bill list was the bill list that was tonight. The fact that there was an issue with service had nothing to do with the fact that we put the bills on. There was significant resolution. We have any number of emails going back and forth to document that before there was any issue with service that occurred.
President Greenbaum: Okay, well it seems to me that the Administration is saying that there is just a series of coincidences which have all come together within the last three days to two weeks which could lead one, such as Mr. Rattner to believe or at least question why certain bills are being paid now. I think we have had the explanation from the Administration. I don’t think we need to waste anymore time on this issue, Mr. Rattner, unless you have more to add? I understand your frustration.
Mr. Rattner: They are also saying those 19 bills were right also, originally because we are paying them all.
Mrs. Jenkins: I had many issues with this whole process myself. When the resolution came forward in the last couple of weeks and Rick and I spoke and we emailed back and forth about it, I was a little confused myself because when I was getting the purchase orders to sign, it seemed that we were paying exactly the amount that was owed and I didn’t understand that either. That’s really more of an issue with Scott.
Mr. Rattner: Boy that really gives me a good feeling.
Mrs. Jenkins: The phone is not my forte. Scott has a really good handle on that. He knows what’s occurred.....
President Greenbaum: I think we need to pay our bills, so as not to have our service disrupted for non-payment. Just a quick look, it is someplace between $15,000 to $20,000 worth of phone bills.
Mr. Rattner: Sixteen, something.
Mrs. Jenkins: There is going to be more than that, not everything has been paid at this point.
President Greenbaum: I can appreciate that. I think what we need to do is we need to have somebody come in and tell us how we disputed the bills and what we got out of? Out of disputing them because, we are now paying them in full.
Mrs. Jenkins: Not all of them. There are some Rob, that we are paying in full, not all of them we have gotten credits, lines had to be removed, there were a number of issues with them.
Mrs. Labow: What about the late fee?
Mrs. Jenkins: The late fees we are not paying.
Mrs. Labow: Are we going to get credit on that?
Mrs. Jenkins: My understanding is, is that they have agreed to waive that.
President Greenbaum: Thank you very much. Any other questions on the Bill List? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mrs. Labow voted no on #050601,
Mr. Buell voted no on #06559 1, 2, and 3.
Library Board Report
President Greenbaum: Library Report, Mr. Prill.
Mr. Prill: I have no report.
President Greenbaum: Did the Library Board meet?
Mr. Prill: They have had a meeting, we requested that a report be provide and it was not provided.
President Greenbaum: Was there anyone from the Administration present?
Mr. Prill: I believe the Mayor was present.
Mrs. Labow: I have a question.
President Greenbaum: Yes.
Mrs. Labow: If Mr. Prill could check it out? I spoke to a gentleman Sunday night at the fireworks and asked him about the Handicapped Parking and if the Bid Specs were opened. He said that he didn’t receive any, that no one responded to the bids for the parking spots. I was wondering if we could have some follow up results. Some of the residents are very concerned about it. I would like to provide them with an update. They were going to go to the Library Board Meeting which was scheduled for 12th, it was changed to a date prior to that and of course the 12th came and they found out that the meeting had already taken place.
Mr. Prill: I will ask Rita for a status on that.
Mrs. Labow: Thank you.
President Greenbaum: Put that on the Agenda under Old Business. Library Parking and Handicapped Parking issue. Any other Administrative matters Mr. Prill?
Mr. Prill: No, I have nothing further.
Status of Charters Farm
Mr. Prill: Kathy Murphy and I have met with three contractors to solicit prices from them. They are in the process of working up proposals and they will be submitting those to us. I also had a phone conversation with a fourth contractor today who expressed interest in it. He indicated that he will also be submitting a proposal so we should have something for you hopefully within two weeks maybe a little bit longer.
President Greenbaum: Very good and if successful, then maybe you can undertake the Library Handicapped Parking bid process as well.
Morris Chase Update
Mr. Prill: I believe that that issue is the access into the property, is that the continuing issue on that?
President Greenbaum: That was the issue.
Mr. Prill: All the contractors that are doing work there have been advised that they are to be using the Route 206, Goldmine Road entrance not the..... I guess the rear entrance off of Route 46 and to best of our understanding that they are complying with that directly.
President Greenbaum: No issue, Chief, that you have heard? That was a no for the record.
Library Payroll/Pension Issues
President Greenbaum: Library Payroll/Pension issues, Sherry has that been resolved? You have to come up to the microphone. Meeting tomorrow, okay I will keep in on the Agenda. Any other Old Business?
President Greenbaum: Any New Business?
Mr. Dorsey: I want to mention two things. At the Morris Joint Insurance Fund meeting two weeks ago it was determined that a series of police officers from I think seven municipalities have had their services contributed by their respective municipalities including Mount Olive, to a task force operated by the Prosecutor. As a result of the activities of that task force, one of those individuals who were arrested has brought a significant federal law suit against the Prosecutor’s office, the County of Morris, the State of New Jersey and has named seven police officers individually, including one police officer from Mount Olive. She is a lady, I think Groblewski. The issue was raised at the meeting as to why should the individual municipalities be required to provide a defense for those individual police officers when in deed they were assigned to the County Prosecutor’s office. They were conducting activities under the direction of the County Prosecutor and those activities under the law are generally considered to be State activities. We wrote a letter to the Attorney General and asked that a defense be provided. They rather quickly wrote back and said under no circumstances would they provide a defense, which we thought was totally inappropriate because at least in the case of Mount Olive and I believe the other municipalities they essentially contribute these officers. The County, the State is not paying these officers. So one would think the least they could do is be responsible for worker’s comp claims and liability claims because of course, if they are not the Morris Joint Insurance Fund is providing a defense and will identify but it all counts against each individual member’s loss ratio. I’ve had discussions with the Prosecutor who is frankly... I perhaps should not use the word desperate. He is rather intent in the fact that our position is correct and he himself has taken upon himself to write a strenuous letter to the Attorney General asking that she reverse her position. He does it for his own self interest because as I understand it he has inadequate troops to staff all of these positions without calling upon the individual police officers. Other municipalities have now taken the position that they are not going to contribute police officers to these task forces until there is reconciliation, a resolution of the fact that the State and/or the County, it makes no difference to the municipalities until they are provided with essentially, defense and identification clauses in any agreements by which those police officers are sent. Then interestingly enough there are number of cases on this in other counties, Middlesex County for instance, if you are assigned to a task force such as Morris County Prosecutor’s office, you are assigned for a six month period, and you are paid by the County. Morris County, the Prosecutor’s office does not reimburse any of these municipalities for services of their officers. So you may well want to take under consideration as to whether or not, as a matter of policy you are in the future going to contribute police officers to these task forces. There are certain circumstances on which there indeed may be a greater something in your municipality and they use your police but there not actually part of the task force. I just want everybody to know that other Municipalities are taking upon themselves to try to protect themselves because apparently neither the State nor the County step up to the plate or will they all want to use your police officers. I have written the Council two letters in connection with the law suit which was commenced involving the denial of a variance application. As I understand it, the Board of Adjustment is the minor leagues for people that then make it onto the Council. Apparently, this situation involves an area of the Township where there are long standing drainage problems. You have my memo. I would greatly appreciate, in the next two weeks, if you read it over carefully because as I told you Mr. Dorsey (cont’d): some what factitiously the first time around that the Board of Adjustment in adopting the resolution and then denying it, essentially pointed out well if this is a taking of property look to the Township to essentially acquire the property and don’t think that the Township in its current financial state wants to get involved in acquiring all of these individual pieces of property where the variances are going to be denied by the Board of Adjustment. But two of you have served on the Board of Adjustment. I suspect you passed on these cases, have some familiarity with these cases. I should greatly appreciate Mr. Perkins, since he is the liaison, perhaps coordinating some studies to how you are going to address this issue. I think and if we don’t address it, of course there are a number of ways to address it. If the Board of Adjustment could reconsider their position but I don’t know that they are going to do that. If not, I am afraid it is going to cost the Township a lot of money and that really shouldn’t happen. That is all I have.
Recreation Liaison Report
Mr. Biondi: There was no meeting.
Board of Health Report
Mrs. Labow: We don’t meet until August but I did want to point out that we have an intern working for the summer which is going to help us get caught up with a lot of our outstanding inspections due to the delay in replacing our one inspector. Also Mr. Wilpert saw an opportunity in a meeting he had gone to, to get some funding which we applied for $6,410.00 which we approved tonight and I thank Council for that. I will have a meeting next month.
President Greenbaum: The intern serves with the Health Department?
Mrs. Labow: Yes, the gentleman we have right now actually, how we first met him, he was in our intern program last year. Now we have another one. Rutgers University reached out to Mr. Wilpert again and asked him, could we send an intern up and of course we gladly accepted. That person is helping out there doing the work and they are earning their credit so they can graduate. So we benefit from it.
Planning Board Report
Mr. Tepper: The last meeting focused almost solely on Hovnanian’s project off of Route 46, specifically on traffic and access, egress and ingress. There was a discussion with the representative of the Board of Education regarding legalization of their driveway and having a common shared access. The Board of Education at this point has taken the position they don’t wish to pursue that. They are going to re-address the project in August to specifically, talk about trees and forestry replacement on the project.
Board of Adjustment Liaison Report
Mr. Perkins: Standard meeting Mr. President.
Open Space Committee Report
Mrs. Labow: That was last week and perhaps I can ask Mrs. Murphy to summarize it?
Mr. Dorsey: No.
Mrs. Labow: No, okay.
Legislative Committee Report
Mr. Biondi: Nothing to report at this point. I am going to meet with them this week.
Pride Committee Liaison Report
Mr. Perkins: Nothing to report.
Board of Education Liaison Report
Mr. Buell: We meet August 10th.
Lake/Environment Issues Committee
Mr. Rattner: Nothing to report.
Safety Committee Liaison
Mr. Perkins: No meeting.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Committee Report
Mr. Rattner: Nothing.
President Greenbaum: Did they meet?
Mr. Rattner: I don’t know.
Solid Waste Advisory Committee Report
President Greenbaum: Mr. Tepper, I did see we got a memo from them?
Mr. Tepper: You did see the memo. I had missed that meeting. I have had extensive correspondence with Tim since then. There is a lot of issue having to do with the possibility of replacing the MUA with another third party. That is going to continue at the next meeting and we will bring a recommendation and/or ask Mr. Quinn to present to Council.
President Greenbaum: Does anyone from the public have anything they wish to add? Yes, Mr. Russell please state your name and address.
Nelson Russell, Budd Lake: Two items. The first one, in the arrearage of paying the phone bills, the budget versus the actual for last year would not show payment for those phone bills. Did that have any impact on delaying the budget this year?
President Greenbaum: You know, ultimately the amount of money which we set aside for the phone bills is going to have to be sufficient unless, we won’t really know the answer to that question until we get to the end of the year and a request is made for a budget transfer.
Mr. Russell: Will those payments for last year come out of this year’s budget?
President Greenbaum: Anything which is paid....I assume they come out of this year’s budget. Sherry will answer that.
Mrs. Jenkins: This actually is one of the other things I have been working on because I had Colleen work on getting me a breakdown of what is last year and what is this year because I don’t know that we are going to have enough money in last year’s budget at this point to cover it. We can’t do a transfer at this point so I am working on that. We have credits that are still coming so I don’t know what those numbers are yet. Last year’s bills have to come out of last year. If there is not enough money we will have to raise it in next year’s budget although I don’t think, it is going to be a significant figure if that is the case and this year’s bills come out of this year’s budget.
President Greenbaum: I guess that is the answer, although it is not a pretty answer.
Mr. Russell: The second point, we haven’t had a Library Board Report from the Mayor in probably six months and there seems to be a lot of issues with the Library. Some of them were brought up in the first Correspondence that are in that 12 page creed if you read it. The $100,000 payment thing, we also have payroll and pension items etc. We should have a Library Board report that has been sorely missing.
President Greenbaum: I agree wholeheartedly.
Mr. Russell: Is there a way to get one of the Committee members in to make that report?
President Greenbaum: I doubt it. Are you talking about Board Members? We invite them, they don’t come.
Mr. Russell: One of the Mayor’s appointees.
President Greenbaum: Yes, we invite them, they never come.
Mr. Russell: So we are working in a vacuum?
President Greenbaum: You know what I don’t even want to comment to that because my response just would be just incredibly nasty, so the answer to that question is yes.
Mr. Russell: Would it make sense not to appoint the Mayor’s new appointee until we start getting Library Board reports?
President Greenbaum: It certainly would be something to be considered when that appointment comes up.
Mr. Russell: Thank you.
President Greenbaum: Thank you. Anyone else from the public, Lisa? Okay, close it to the public.
President Greenbaum: Final comments. Mr. Prill, anything this evening?
Mr. Prill: Nothing.
Mr. Tepper: No further comment.
Mr. Buell: Yes, I just wanted to say thank you to Jill Daggon, Jim Lynch and all of the employees that worked on the carnival. It was a wonderful time and wish we continue to do that from year to year.
Mr. Biondi: Nothing tonight.
Mrs. Labow: I just also wanted to thank the employees and the volunteers for an absolute fantastic celebration these past four days. I can’t get over how hard everybody worked and they just seemed pleasant. They just kept working and the rain didn’t deter anybody and it was actually fantastic. I also want to note that my final Council Comments are considerably less than it took Mr. Dorsey to give his Legal Report.
Mr. Rattner: You also get paid less.
President Greenbaum: Okay.
Mr. Biondi: Do you have a death wish?
Mr. Perkins: No Comment, Mr. President.
Mr. Rattner: Well, since I called Mr. Prill the captain of the ship when things go bad or things go good, this is one where he has to get accolades and he is still captain of the ship so he is responsible. So I have to say that the annual fair/carnival, family day whatever we want to call it, went very efficiently. Every department worked well with each other. That doesn’t happen by accident. That takes a lot of work. It takes a lot of planning. I think that something that profile, a lot of the other things we complain about, Mr. Rattner (cont’d): but the profile of having that many people in that large of selection of our population up on what we consider out prize park. The park was in superb condition. The event went regardless of the weather. It was kept clean. All the employees were great. I think it was really something that the town should be proud of. So you have to go from the captain on down to every department, every employee and everybody who worked on it should be congratulated because that is something that a lot of people will remember a lot more than a telephone bill.
President Greenbaum: Does that conclude your comment?
Mr. Rattner: Yes.
President Greenbaum: I actually have some comments this evening. Nothing gave me greater pleasure than to be able to dunk Colleen into the dunk tank. Not necessarily because it was Colleen, dunking Russ was also quite enjoyable. You know just raising money for Kiwanis in terms of the pediatric defibrillators was a great honor to be asked to do it. To participate and to just show, that you know what, we all sit up here, we are nothing more than members of the community trying to do the best that we can to make decisions on behalf of the community. Nothing made me sadder than the fact that the Mayor didn’t participate. What I understood to be his response is that it was beneath the dignity of this office. I think that really shows part of the problem that this community has with his view of what his office really is. It is part of the problem and you know what the effort of Kiwanis to raise money for the pediatric defibrillators, I believe was not as great as it would have been, had the Mayor participated and that is the sad part of it all. In any event, motion to adjourn.
Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:45 pm.
Robert J. Greenbaum, Council President
I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on August 22, 2006.
Lisa M. Lashway, Township Clerk