Mt. Olive Township Council Minutes
June 13 , 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

Absent: None

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

Public Hearing on 2006 Budget

President Greenbaum: We are up to Public Hearing on the 2006 Budget. Is there anyone from the audience who wishes to be heard on the 2006 Budget? Seeing none, I close it to the public.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first ordinance for Public Hearing entitled:

Ord. #17-2006 Township of Mount Olive, Morris County, New Jersey Calendar Year 2006 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a CAP Bank.(N.J.S.A. 40A-4-45.14)

President Greenbaum: Mr. Tepper could you please move Ordinance #17-2006 for approval.

Mr. Tepper: I move that we approve Ordinance #17-2006.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 17-2006 is 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.

RESOLUTIONS NON CONSENT

1. Resolution of the Township Council of the Township of Mount Olive RE: Waiver of Reading in Full of the 2006 Budget.

President Greenbaum: Mr. Buell, would you please move that.

Mr. Buell: I move Resolution #1.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council discussion? Roll Call.

 

ROLL CALL: Passed Unanimously

2. Resolution to Adopt the 2006 Municipal Budget.

President Greenbaum: Mr. Biondi, could you please move that?

Mr. Biondi: Mr. President, I move the Resolution to adopt the 2006 Municipal Budget.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded, is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Is there any Councilmember who wishes to be heard? Roll Call.

ROLL CALL: Passed Unanimously

3. Resolution to Adopt the 2006 Solid Waste Collection District Budget.

President Greenbaum: Mrs. Labow.

Mrs. Labow: Mr. President. I would move the Resolution to adopt the 2006 Solid Waste Collection District Budget.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none I close it to the public, any Councilmember who wishes to be heard? Roll Call.

ROLL CALL: Passed Unanimously

Proclamation - Myasthenia Gravis Awareness Month

President Greenbaum: There is a Proclamation, Mr. Prill.

Mr. Prill: I don’t have a copy of that Proclamation.

Questions on Bill List?

President Greenbaum: Are there any questions on the Bill List?

Mr. Buell: I have some things I will send to Sherry tomorrow, unfortunately I didn’t have time. The one question that I do have is #05240501, $363,000 for the construction of the new DPW building rigid frames.

President Greenbaum: Is that the building itself?

Mr. Buell: I don’t know? That is really my question.

President Greenbaum: Sherry, sorry to interrupt. There has been a question on the Bill List with respect to a $363,000 payment related to the DPW project. What is the number on that again Mr. Buell?

Mr. Buell: #05240501.

President Greenbaum: Does that represent the cost of the steel structures? Get back to us at the end of the meeting. Any other issues Mr. Buell?

Mr. Buell: No.

President Greenbaum: Anyone else have any questions on the Bill List?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

March 28, 2006
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
Absent: None

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

May 16, 2006 Special Public Meeting (School Budget)
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow, Mr. Tepper (7:32),
Absent: Mr. Biondi

May 23, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner, Mr. Perkins
Absent: None

President Greenbaum: Approval of Minutes of previous meetings. Mr. Biondi, do you want to move the Minutes please.

Mr. Biondi: I move the Minutes of March 28th, April 25th, May 16th, and May 23rd for approval.

President Greenbaum: Does anyone have any comments, deletions, corrections? Seeing none. Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Biondi abstained on May 16, 2006,
Mr. Perkins Abstained on April 25, 2005

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received May 23, 2006, from ADPPBBL, Inc. regarding observations and concerns during the semiannual cleanup.

2. Letter received May 31, 2006, from Nick Geiger regarding recent Montville Ordinance pertaining to “The Placement of Newspapers on Private Property.”

3. Letter received May 31, 2006, from Paul Steward regarding Tax Collection.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

4. Ordinance received May 16, 2006, from Washington Township regarding Land Use.

5. Resolution received May 22, 2006, from Borough of Wharton regarding “Shared Services” for Schools.

6. Resolution received May 22, 2006, from Borough of Wharton regarding Amendment to Binding Arbitration Statute.

7. Minutes received June 8, 2006, from Morris County Planning Board regarding the April 20, 2006 meeting.

8. Minutes received June 9, 2006, from Musconetcong Sewerage Authority regarding May 10, 2006, meeting.

LEAGUE OF MUNICIPALITIES

9. League Alert received May 19, 2006, from New Jersey State League of Municipalities regarding Amendment to Public Contracts Law.

10. Legislative Bulletin received May 25, 2006, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.

11. Letter received June 2, 2006, from Morris County League of Municipalities regarding reservation information for “County’s Future Initiatives.”

12. Letter received June 5, 2006, from New Jersey State League of Municipalities regarding Conference Hotel Reservation information.

DOT / DEP / LOI

13. Letter received May 30, 2006, from State of New Jersey, Department of Environmental Protection regarding Treatment Works Approval No. 06-0226 / Givaudan Phase I & II.

14. Letter received June 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Presence / Absence Determination, Applicant: Abiding Peace Senior Housing Corporation Block 6000, Lots 12.01 and 12.02 (49 Bartley Flanders Road).

15. Letter received June 8, 2006, from State of New Jersey, Department of Environmental Protection regarding Application for a Major Modification of Solid Waste Facility Permit for MCMUA, Mount Olive Solid Waste Transfer Station.

16. Letter received June 9, 2006, from State of New Jersey, Department of Environmental Protection regarding Mount Olive Community Bible Church Block 7900, Lot 3 (200 Flanders Drakestown Road).

MISCELLANEOUS

17. Letter received May 19, 2006, from Metropolitan Furnishings Association of New Jersey regarding Update on Transient Vendors.

18. Letter received May 19, 2006, from Lorman Education Services regarding “Managing Construction Projects in New Jersey.”

19. E-mail received May 22, 2006, from Events by Lieberman & Blecher, P.C. regarding Complimentary Seminar re: Environmental Law & Condemnation Cases.

20. Letter received May 22, 2006, from State of New Jersey, Department of Banking and Insurance regarding Education Unit of Public Affairs for the New Jersey Department of Banking and Insurance.

21. Letter received May 22, 2006, from County Concrete Corp. regarding Notice of Delivery of Materials / DPW Garage Project.

22. Letter received June 8, 2006, from Morris County Soil Conservation District regarding DPW Complex Site Improvements.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

23. Letter received June 2, 2006, from State of New Jersey, Office of Attorney General regarding the National Incident Management System (NIMS).

24. E-mail received June 5, 2006, from Congressman Frelinghuysen regarding visiting Troops in Iraq and Afghanistan.

TORT

25. Summons received June 8, 206, from Morris County Superior Court regarding Ternberry Group, LLC v. Board of Adjustment of the Township of Mount Olive.

 

DCA

26. E-mail received May 30, 2006, from Department of Community Affairs regarding Shared Services, Domestic Violence Training, 2006, Historic Preservation Grants, 2006 FAIR Rebate Information, State Microsoft Select Contract, COAH amendments, 2006 Financial Disclosure Statements, Shelter support Program Grants, Local Procurement Library, and Discussion Forums.

UTILITIES

27. Letter received May 22, 2006, from Comcast regarding Comcast Leaders and Achievers Scholarship.

28. Notice of Public Hearing received May 22, 2006, from Cozen and O’Connor regarding NJ American Water Company, Inc., Elizabethtown Water Company, and the Mount Holly Water Company for Approval of the Merger of Elizabethtown Water Company and the Mount Holly Water Company into NJ American Water Company and for Related Organizations.

29. Letter received June 5, 2006, from Jersey Central Power and Light regarding Proposed Non-Utility Generation Charge Rate Increase.

30. Letter received June 5, 2006, from Verizon Wireless regarding License Agreement dated December 13, 1991.

31. Letter received June 7, 2006, from Verizon Wireless regarding License Agreement for use of the property located at Camelot Drive.

32. Fax received June 9, 2006, from Comcast regarding additional ESPN2-HD.

President Greenbaum: There are 32 pieces of Correspondence on the Amended Agenda. Does anyone wish to discuss any particular piece of Correspondence?

Mr. Buell: Yes, #22 and #25 and also, we received a memo about the deer permits that I would also like to discuss that is not on the list. That I can find, do you want me to start?

President Greenbaum: Yes, please.

Mr. Buell: Number 22, let me get my notes, is a letter from the Solid Waste...the Soil Conservation District, alluding to...? Still looking for my stuff, alluding to the interest of the first paragraph, our District is well aware that Mount Olive Public Library retains some authority over Lot 3. However all parties concerned are in agreement that the Township of Mount Olive owns both Lots 18 and 3. In the third paragraph, the Mount Olive Public Library retains some statutory authority to this matter. It would best be expressed to the Township directly. I was wondering if anyone has asked the Library to come to us and express their.... directly, their interest in these pieces of property and I would also like to talk about, what are we doing? Even if we ever get the permits from the Soil Conservation District, the necessary permits, it looks like we have another legal hurdle here to jump over with our Library. I would love to have our representative of the Library Board here, the Mayor, so we could discuss some of these things at times. I would like a legal opinion as to where we are headed and I would like to know from the Administration if we get those permits, when are we going to be able to start the DPW building? Or are we going to have to sue the Library or is the Library Board going to have to sue us?

President Greenbaum: I believe that Mr. Dorsey has already answered this question by way of memorandum and the property actually, remains the Township’s property and not the Library’s property.

Mr. Buell: If you read through this correspondence, you also now see that the Library thinks that it is their property.....

President Greenbaum: It doesn’t matter what the Library thinks until a judge tells them that Mr. Dorsey’s legal opinion is incorrect. I think I own the property. What difference does it make?

Mr. Rattner: I hope the Mayor doesn’t file a lawsuit.

Mr. Buell: So you are not concerned. Is the Administration concerned once we get these permits we will be able to start again, if we get them?

Mr. Prill: Well, once we get the permit approval from Soil Conservation then the contractor will immediately be starting back up. As of today in discussions with Mr. Dunn from the Soil Conservation, he has indicating that he anticipates having something back to us, a decision by Thursday.

Mrs. Labow: This Thursday?

Mr. Prill: This Thursday.

Mr. Buell: Has anybody talked to the Library to find out what their position is on this?

Mr. Prill: I am hearing this secondhand through our consultant, Suburban Consulting. Mr. Dunn has apparently had discussions with the Library’s engineer. The nature of that discussion was not so much any objection to the drainage calculations that have been generated and provided by Suburban. More so, their concern seems to be in the future in terms of potential future expansion of the Library and potentially, the need to expand the detention basin to accommodate and expansion to the Library and whether or not the Township would be participating financially some way in the project of that nature?

Mr. Tepper: They are proposing to expand it?

Mr. Prill: I am just saying. I am hearing this secondhand through Suburban Consulting and this is the nature of the conversation that Mr. Dunn had with their engineer. So the Library’s concern doesn’t seem to be so much with the fact that we are looking to take stormwater and run it into the detention basin. It has to do more with potential future expansion. Again, this is all secondhand, thirdhand that I am hearing. The Library, I think needs to come back to Council to discuss anything like that.

President Greenbaum: I think that the Library needs to go to the Administration and if they have a problem, to discuss it with the Administration because we need the Administration to come to us and to tell us that we have a problem with the Library in terms of their position. It is really outside of our scope. The issue has been raised by Mr. Buell. The Administration has been put on notice that this is a potential problem area. I expect since the Mayor, basically, is in control of the Library Board that he should be able to resolve any issues which arise.

Mr. Buell: I, obviously, would like to have some answers.

President Greenbaum: I appreciate that and I will ask Mr. Prill to look into this issue and to report back to us in terms of any potential problems that could arise out of our relationship with the Library.

Mr. Rattner: I think other than talking about the specifics, which obviously are in flux right now and it depends on who you talk to, I think the real issue we need and we need it right now, that I have asked for over the last couple of weeks, is where are we with the budget? We know this is going to cost money, there is a possibility, I don’t know what the contract says with the vendor, with the contractor, because he had to stop work. We really need to know where we are, where is the budget, how much are we already committed too and what are the risks going forward? We have to start planning and deciding how we are going to address those once we get moving again and that we need right away.

Mr. Prill: In conversations that Tim Quinn as well as Suburban have had on a rather frequent basis with the contractor, he has not made any indication whatsoever of filing any kind of claim for any monetary damages. He was able to take his crew and move them on to another job which was a little further along than ours, where steel had been delivered. So it worked out very well for him to be able to take his crew and move it on to this other project. He is anxious now to get started back here.

Mr. Rattner: Had the steel been purchased? That was the big thing because the way prices have been going up. If it has been purchased, it is being stored somewhere. The contractor has a certain timeframe in it. So either they are going to be paying storage, if they haven’t bought it, there is a good possibility there could be another escalation. Just like what happened from the time that we got the original quotes and going forward. Also, there is going to be some additional engineering and we are looking at and probably getting an idea, since we already filled in one retention basin, a small basin we had in the back. There is going to have to be expansion that probably wasn’t put in the budget and so that is what I mean about looking where we are.

Mr. Rattner (Cont’d): I know how close we were, there is no doubt about it and we are not going to blame anybody for that but we were very close before we started building. We now have additional costs. What we are going to have to do because if we are going to move forward, we are probably going to have to have a supplemental appropriation. I don’t see how we can start moving again without it?

President Greenbaum: A supplemental appropriation, additional bonding.

Mr. Rattner: Yes, I just tried using something different than we have heard before.

President Greenbaum: I have to tell you, from the get go I voted against the DPW project because I have absolutely no confidence that the project could be completed for under the $1.9 million which the voters approved and I would be amazed to see how the Administration is going to bring this in and I agree with Mr. Rattner that I would like to see some estimate as to the cost of the project, all inclusive, with all the additional work which may need to be done. I don’t think from a planning perspective that that is too much to ask.

Mr. Labow: Yes, I was going to ask if at the next workshop if we could have an update on the whole thing, even with drawings showing us where things are going to be. It seems like it has changed quite a bit and perhaps we could invite the Library Board as well, so they can see what is going on. This way we can stop all these different stories that we are getting all over the place and everybody getting all upset. Just spell it out once and for all.

President Greenbaum: I am not inclined to invite the Library Board but I would like to have an update from the Administration in terms of a cost estimate of completion of the project, all inclusive cost estimates for completion of the project having identified all issues which are now on the table. Thank you.

Mrs. Labow: What in two weeks?

President Greenbaum: Two weeks.

Mr. Buell: Yes, #25, the Ternberry Group. What I am reading here, this is a letter from Mr. Dorsey versus this, it appears that we may have to buy this piece of property?

Mr. Tepper: That is an Executive Session legal issue.

Mr. Buell: Is this an Executive Session or can I...?

Mr. Semrau: Yes, I think because of some of the concerns there, Mr. Buell, I think that would be more appropriate. We could have a better discussion about it in Executive Session.

Mr. Buell: Okay, I will not raise that question. The third question is we received a memo from Mr. Prill which was attached to a letter from the Mayor via the deer pickup program, the dead carcass program. You indicated that’s going to start and we are going to have to be responsible for picking up deer in September. Then I read in today’s newspaper that the County is thinking about it. Is the County going to do this or do we have to consider this at this point?

Mr. Prill: Well, I think every municipality has to be making some plans. When we received the letter from the State, I reached out to John Bonanni, the County Administrator, just to see what they were planning on doing assuming that they would take responsibility for County roads but we would still have responsibility for local roads. So I am somewhat pleased to see that the Freeholder Board is looking at the possibility of providing a County-wide service because it could be done much more effectively and I think more costly than if you had 39 municipalities trying to handle it individually. We at this point, we are just waiting to get some indication from the County as to where they are going. The League of Municipalities is working with the State to try to set up some seminars to address the particulars of the program requirements and timing and everything. It’s moving but I don’t have anything really further as of this time.

Mr. Tepper: My only comment was, it was consistent as to what Mr. Prill has said that the County has stated they thought it was not rational to have all the different municipalities pursuing it in different fashions and that they thought it was appropriate for them to have one consolidated organization. Their roads crews do it and they were examining a plan as to best handle it. I think we should contact them as to what their timeframe is and what they anticipate happening.

President Greenbaum: I am sure Mr. Prill will stay on top of the issue.

Mr. Rattner: I think we realized a couple of years ago, the State really downsized that service and they have had only three trucks in the entire State. They had one in the North, one in the Central and one in the South. So obviously, if the County just allocates one, it just doesn’t make sense for everybody to do it just on a part-time basis.

Mr. Biondi: The State, years ago, used to employ independent contractors, one of whom was a friend of mine out in Long Valley but they have given that up years ago.

Mr. Tepper: Because you can’t bury them anymore.

President Greenbaum: Any other comments? Mr. Buell?

Mr. Buell: No.

President Greenbaum: Anyone else want to comment on any particular piece of Correspondence?

Mr. Biondi: Excuse me. I have one piece I would like to talk about. This Muelbauer House thing which has me really spun up. We have a letter here from Dorsey and Semrau regarding the Muelbauer House Block 2100 Lot 33. Cut to the chase, the cost to remove the burned building was $7,000. The Township Tax Assessor has placed a value of $29,000 on the structure. I am for going after the parents for this money from their homeowners or whatever else we can get and I want to know what the Administration has done about it and have we gone after $29,000 or have we gone after $7,000?

Mr. Prill: The out of pocket cost that we have occurred to date is $7,500. There is a $1,000 cost to demolish what was left of the building and then $6,500 for cleanup and disposal. We have been advised by the Joint Insurance Fund that we will be reimbursed $6,500 of the $7,500. There is a $1,000 deductible. The timing of that payment, I don’t know. I would assume it is some time in the near future. The value of the building, the $29,000 is not something the Joint Insurance Fund will honor a claim on. In a conversation that I had today with the County Prosecutor’s office, he indicated that on the 16th there is a family court hearing....I guess hearing is the right word, being held with regards to this. He indicated that it is highly unlikely that in the Family Court setting that there would be any monetary remuneration awarded to the Township unless there was negligence identified on the part of the parents. I don’t know what the process would be to determine parental negligence in a matter like this. He indicated that more than likely any remuneration would have to come through the Civil Court, which would mean the Town would have to file suit in a Civil Court to go after the parents through their homeowner’s insurance.

President Greenbaum: The problem with that, John, is that number one, any insurance company would likely disclaim coverage based upon an intentional act, an un-willful act. So that you might be pursuing a claim, where there is no coverage and you are looking at the personal assets of the individual families. I am just laying out the scenario. You are looking at recovering whatever monies that you might recover through the personal assets of the parents. Without insurance coverage, you are likely to....the likelihood of a settlement where they are going to, voluntarily come out of pocket is less than if it is an insurance coverage issue. I think probably what would happen is that the insurance carrier would come in under reservation of rights. They would say that we are going to defend you but we believe there is no coverage here because it is an intentional unlawful act and therefore they are not responsible.

Mr. Biondi: Would their homeowners not kick in at that point? Fred, you would know that.

President Greenbaum: The homeowner’s insurance companies would make a policy decision, would make a decision based upon the policy. Now in order to pursue....

Mr. Biondi: There is a law in the books in the State, is there not Fred?

Mr. Semrau: Yes.

President Greenbaum: A law in the books in terms of....

Mr. Biondi: To go after the parent.

 

President Greenbaum: That is not the issue. The issue is ultimately you could get a judgment against them but whether you can collect on it, what it is going to cost you to get there, whether or not the Township can find an attorney to take it on a contingent basis....

Mr. Tepper: Put a lien on the property.

Mr. Biondi: Great question. Russ just had a great question. Can we put a lien on their property?

President Greenbaum: You can’t put a lien on property until you get a judgment.

Mr. Tepper: Right, the presumption is if you had a judgment and collecting it, not even pursuing collection.

Mr. Biondi: This kind of thing really bothers the hell out of me. It really does.

President Greenbaum: During the next Executive Session, we will make a decision as to how we wish to proceed with respect to the potential litigation involved in recouping the cost of the loss of the structure. Okay?

Mr. Biondi: That’s fine. I just don’t want to drop it. It is too important to me to drop it.

President Greenbaum: Any other pieces of Correspondence?

Mrs. Labow: Actually, I just wanted to add to the Muelbauer thing. Just for informational purposes, Mr. Prill was nice enough to respond. They are putting their temporary water tank on that parcel for Camelot tank. Just in case anybody gets any questions if the house is being rebuilt, it is a temporary tank going in.

ORDINANCES FOR FIRST READING (2nd reading July 25, 2006)

President Greenbaum: Okay, are there any other comments on any particular piece of Correspondence? Seeing none, we will move on to ordinances for first reading, second reading to be July 25, 2006. The first Ordinance is:

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: Mr. Perkins do you want to move that for First Hearing?

Mr. Perkins: Yes, Mr. President. I move that Ordinance # 19-2006 be introduced by title, and passed on first reading, and that a meeting be held on July 25, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

Ord. #20-2006 An Ordinance to Amend Chapter 186, Sewers and Water, Section 52, Use Restrictions; Prohibited Discharges, of the Mount Olive Township Code.

President Greenbaum: We are pulling Ordinance #20-2006 for the time being, we will move on to 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: Mr. Tepper would you move that please?

Mr. Tepper: Yes, Mr. President. I move that Ordinance # 21-2006 be introduced by title, and passed on first reading, and that a meeting be held on July 25, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2006-2007 Licensing Period.

5. Resolution of the Township Council of the Township of Mount Olive Approving Change Orders #1 and 2 to the Contract for Renovations to the Former Library for Use by the Mount Olive Child Care and Learning Center.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of Contracts Issued Under the N.J. State Cooperative Purchasing Program for Use by the Mount Olive Child Care and Learning Center in the Completion of the Renovation and Conversion of the Former Library to a Child Care Center.

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

8. Resolution of the Township Council of the Township of Mount Olive Relative to Mount Olive Carnival Week (7/20-7/23) and Mount Olive Community Day (7/22) and Rain Date (7/23).

9. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Garden State Laboratories for Water Testing Services.

10. Resolution of the Township Council of the Township of Mount Olive Endorsing Internet Safety.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of an Application for the Mount Olive Municipal Alliance Grant for 2007.

12. Resolution of the Township Council of the Township of Mount Olive Approving the Contract Between the Township and Mount Olive Township Public Employees Association (MOTPEA).

13. Resolution of the Township Council of the Township of Mount Olive Congratulating and Celebrating the Seventy-fifth Anniversary of the Budd Lake Volunteer Fire Department.

President Greenbaum: There are ten resolutions on the Consent Resolutions Agenda. Does anyone wish to have any particular resolution removed?

Mr. Tepper: May I ask a question?

President Greenbaum: Yes.

Mr. Tepper: On number four, are we approving all licenses as recommended or are we going to get resolution on the issue of the one that still has a question opened about it?

President Greenbaum: No. It is only the ones that are on the list.

Mr. Rattner: The three that I have a question on are not on the list.

President Greenbaum: They are not on the list.

Mr. Tepper: Thank you.

President Greenbaum: Does anyone wish to have any of the resolutions removed? Okay, Mr. Buell do you want to move the Consent Resolutions Agenda?

Mr. Buell: I want to move Resolutions #4 - #13.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded, is there anyone from the public who wishes to be heard on any particular resolution on the Consent Resolutions Agenda? Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Any Council comment? Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Rattner Abstained on #5 and #6.

MOTIONS

President Greenbaum: Raffle Applications, Mr. Biondi.

1. Approval of Raffle Application #2145 & #2146 for the Mt. Olive High School Band Booster Association and Raffle Application #2147 for Lions Club Mt. Olive.

Mr. Biondi: Yes, I move for Approval of Raffle Applications #2145 & #2146 for the Mt. Olive High School Band Booster Association and Raffle Application #2147 for Lions Club Mt. Olive.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

2. Bill List.

President Greenbaum: Sherry, did you have an answer to Mr. Buell’s question with respect to that $360,000 payment? Just take your time.

Mrs. Jenkins: You want to be here all night right?

President Greenbaum: Yes, yes I do.

Mrs. Jenkins: I am not sure if this answers it or not? Basically, APS Contracting, the contract that was authorized for them was for the construction of two rigid steel frame buildings and we do have a copy of that resolution attached to the purchase order. So I do believe that answers what you were looking for.

Mr. Buell: So it has nothing to do with what Suburban has done, it is simply for the contractor for the work done so far?

Mrs. Jenkins: Yes.

President Greenbaum: Satisfied Mr. Buell?

Mr. Buell: Yes.

President Greenbaum: Mrs. Labow, would you move the Bill List please?

Mrs. Labow: I move the Bill List.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Administrative Matters, Library Board report.......

Mrs. Lashway: A motion for appointment to Solid Waste Advisory Committee?

President Greenbaum: Okay, correct got that. Mr. Buell, during our conference meeting indicated that he would like to make a motion to put Mathew John Guido on the Solid Waste Advisory Committee. Are you making that motion?

Mr. Buell: I am making that motion.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report

President Greenbaum: Library Report, Mr. Prill?

Mr. Prill: No report.

President Greenbaum: Did they meet?

Mr. Prill: I would say tomorrow.

Mr. Tepper: Mr. President.

President Greenbaum: Yes.

Mr. Tepper: Since they do meet tomorrow, can we request if the Mayor is not going to be present at the next meeting, that a report be provided to us?

President Greenbaum: You can certainly make that request to Mr. Prill.

Mr. Tepper: Mr. Prill, so we can at least understand what transpired?

Mr. Prill: Yes, we generally make a request to read it to you and give a report but we don’t always get that.

Mr. Tepper: Thank you.

OLD BUSINESS

President Greenbaum: Alright. I am glad we are being kept abreast of what is happening over at the Library.

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

Mr. Prill: We have not received any response back to our requests.

President Greenbaum: I am very surprised.

Mr. Biondi: What are we doing with that?

President Greenbaum: The payment is, the quarterly contribution payment is due in July and the CFO has been instructed that before that payment is made, that Council would consider the issue of substituting the amount of money which they are holding for a portion of their contribution and taking that substituted money and placing it in the rightful account under the CFO’s control.

Mr. Biondi: Wonderful.

Mrs. Labow: Since we are talking about the Library I have a question for Mr. Prill. It is my understanding that the Library has not supplied the Township with a complete list of their assets for our insurance so if there is a loss, we don’t know that everything would be covered. It was just a general vague type of thing. I understand from the Township level, the municipality, we hire a company that comes in and lists all our assets and that information hasn’t come forward from the Library yet?

Mr. Prill: I haven’t seen anything so I don’t know if they have submitted a fixed asset inventory to us yet or not?

Mrs. Labow: They have not submitted a fixed asset inventory and it has been asked for several times so is there anyway you can follow up on that?

Mr. Prill: I will continue to make a request.

Mr. Tepper: Can we notify them that they will not be covered in case of loss?

Mrs. Labow: It has to be very specific......

Mr. Tepper: We are not responsible for buying it back. That is under their three mils.

Mr. Prill: My understanding is, the coverage that extends to the Library through the Joint Insurance Fund would be for the structure but the contents not necessarily are ours, it would be theirs.

Mrs. Labow: Unless they list it on there correct? They have to list everything, unless they are going to get their own insurance for it.

Mr. Prill: Well, on the assumption that the Joint Insurance Fund is not providing coverage for contents, they should have and I am sure they have insurance coverage for them. I don’t know it. I just have to assume that they do have adequate insurance coverage for contents.

Mrs. Labow: As a taxpayer, everything that is in that Library that they use, things that we pay for can we get that clarified please? Thank you.

Status of Kings Village Issues

President Greenbaum: Okay. Old Business continued, Status of Kings Village Issues.

Mr. Buell: I still haven’t heard back from the residents. I will go re-contact them and see what their problem is in terms of providing a list of the problems.

Status of Charters Farm

President Greenbaum: Status of Charter Farms we have already discussed.

Status of Mine Hill Road Improvements

President Greenbaum: I saw the memo with respect to the costs associated. It is somewhere in the neighborhood of between $30,000 and $35,000 and we are moving forward with also dealing with Washington Township which is doing some drainage improvements at that site correct? Did you go up there yet or is that tomorrow?

Mr. Buell: That is tomorrow. My question to the Council and to Rick Prill is, what should we say at that meeting. It looks like things are moving along. I was going to go up and say it looks like things are moving along what can we do together?

President Greenbaum: I think that is a good....get a commitment from Washington Township as best as you can in terms of getting this all resolved, being happy that they finally moved forward with their end. I think you leave with a good taste in their mouth in terms of Mount Olive’s participation.

Mr. Rattner: Under status Mr. Prill, you mentioned about Washington Township providing the labor and the equipment to pave the parking lot at the beach and you put a dollar amount. Is that.....are they just doing that for us or are they expecting reimbursement because that wasn’t clear with your memo.

Mr. Prill: No, I am sorry. I asked Tim to get back to his counterpart just to work up a cost estimate of what their service amounted to in terms of dollars.

Mr. Rattner: So they basically came and being a good neighbor and supplied the labor?

Mr. Prill: No, there is no expectation that they are going to bill us for that service.

Mr. Rattner: Okay, then we are off to a real good start because they are showing they are willing to work with us. I think that is great.

Status of Purchase of Budd Lake Fire Dept. Car for the Health Department

Mr. Prill: I had reached out to Chief Nelson a while back when we discussed this to see if there was any possibility of making payment to them through next year’s budget but acquire the vehicle this year. He indicated that that would not be possible on the basis that they needed the money on the sale of the vehicle this year to offset the cost of the new vehicle. I have not seen the vehicle sitting out in the parking lot so I am assuming that it has been sold. I have reached out to Ken but have not heard back from him, just to confirm that. The unfortunate things is, as you well know with our budget being as tight as it is we just don’t have any funds in the budget that we could have used to purchase this vehicle.

Mrs. Labow: I understand the senior citizens sent in a petition to the Mayor complaining that they need a vehicle and what was the....was that addressed?

Mr. Prill: Well, there were a couple of things going on. I sent a letter back to the senior citizen organization indicating that this would need to be a budget request submitted through the 2007 budget, not as a capital request, only because a passenger vehicle is not eligible as a capital item. So it would have to be included as a request through the operating budget but what is being done currently is, a vehicle that is available as part of the fleet vehicle that we have which is I think a newer old police car and not as high mileage car is being rotated in to replace the current vehicle which keeps breaking down and it is a maintenance problem. So temporarily, there is a patch.

Mrs. Labow: Which is it? Is it Chief Katona’s car he doesn’t need it?

Mr. Prill: I am not sure whose it was. Again, we are trying to address it as best we can with the resources available. I would expect that next year Mr. Wilpert through his operating budget will come in with a request for a new vehicle.

Mrs. Labow: Okay, thank you.

President Greenbaum: Any other Old Business?

Mr. Prill: I have nothing further.

NEW BUSINESS

President Greenbaum: Any New Business?

LEGAL MATTERS

President Greenbaum: Any Legal Matters?

Mr. Semrau: None, this evening.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: I was not at the last meeting.

Board of Health Report

Mrs. Labow: We meet next week.

Planning Board Report

Mr. Tepper: The number one issue was presented earlier at our meeting (Mt. Olive Child Care & Learning Center) and they came before the Planning Board to request changes to their plan including changing the fence. There was an initial proposal to put a chain link fence all around, that was defeated and the Library... the group requested them permission to put a solid board fence with a chain link with a board on board fence combination so as to quote provide some privacy to those three homes that are back there. I still believe personally, that we should have put one consistent six foot chain link fence and if people wanted to put up a fence for privacy, they would be entitled to do so. I don’t really think what they are going to put there, will really look that good but it was passed by the Planning Board to allow them to put three different types of fencing material up.

Mr. Rattner: It is not what was approved.

Mr. Tepper: That is what was approved. The original proposal allowing them to do that was approved.

Mr. Rattner: Chuck told me that they took his proposal. The original proposal would have gone back to chain link. They decided to have two types, that was the second one. The original proposal was all chain link, then the Day Care Center and the planner came up with the three which was reduced to two, when Chuck found out that the zoning would allow it and then the first was defeated which was, I believe,
Mr. VanNess’s which was one solid fence.

Mr. Tepper: No. He proposed the chain link fence all the way around on the new lines and they went back to having the mixed fence combination.

Mr. Rattner: It was only two types because they decided they didn’t have to go with the wood.

Mr. Tepper: What was approved was all three. If they decide not to that is their point but I think we are just increasing expenses.

President Greenbaum: Anything else from the Planning Board?

Mr. Tepper: Nothing.

Board of Adjustment Liaison Report

Mr. Perkins: Nothing to report.

Open Space Committee Report

Mrs. Labow: I was not there last night...

President Greenbaum: Okay and you did have a presentation from.....

Mrs. Labow: We did talk to Kathy so...

Legislative Committee Report

Mr. Biondi: Nothing to report.

Pride Committee Liaison Report

Mr. Perkins: Nothing, Mr. President.

Board of Education Liaison Report

Mr. Buell: We met on June 6th and they appointed a new AD which is really the only major thing that’s happened. I was unable to attend the awards ceremony. If Mrs. Labow wants to talk about the award ceremony?

President Greenbaum: The AD was the gym teacher in the Middle School?

Mr. Buell: Yes.

Mr. Tepper: Dave Parlini.

Mrs. Labow: He did a presentation last night he was welcomed on board and they.....last night they had an extensive ceremony congratulating all of the teachers, teacher of the year for each school. It was a great ceremony, very nice.

President Greenbaum: I note that the Council has been invited to the Middle School Graduation, is that correct, for anyone that can attend.

Mrs. Labow: It think it is the same night as the....is it a Tuesday?

Mr. Tepper: It is the 21st isn’t it?

Mrs. Lashway: It is the 20th next Wednesday.

Mrs. Labow: Next Wednesday I have a Board of Health meeting.

President Greenbaum: The High School graduation is on Friday?

Mrs. Labow: The 23rd.

President Greenbaum: I think I am the only one that is officially invited.

Mrs. Labow: Are you going?

President Greenbaum: Yes, I am going to go.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: Yes, Mr. President. The only issues that were brought up during the last safety meeting were short. There are some coordination issues which are being worked out between the Budd Lake Fire as well as the Rescue Squad and the Police Dispatch. They should have that ironed out hopefully within the next couple of weeks.
Finance Committee Report

Mr. Rattner: Nothing report.

Economic Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mr. Tepper: Nothing to report.

PUBLIC PORTION

President Greenbaum: Anyone from the public who wishes to be heard? Let’s see there isn’t too much public left here. I guess Ed you qualify and Sherry you qualify.

Mrs. Jenkins: Thank you for passing the budget.

President Greenbaum: I close it to the public.

COUNCIL COMMENTS

President Greenbaum: Mr. Prill do you have anything you wish to say?

Mr. Prill: Nothing further. Thank you.

President Greenbaum: I think that is probably wise.

Mr. Tepper: No thank you.

Mr. Buell: Yes, I would like to thank Lisa Lashway last night for going way beyond her job functions, providing credentials for the write in candidates to the Democratic Party so we were able to reorganize in a timely fashion. I just wanted to say thank you, Lisa.

Mrs. Lashway: You’re welcome.

Mr. Buell: Coming in at 6:45 and making sure we had all our credentials properly.

President Greenbaum: Anything further Mr. Buell?

Mr. Buell: No.

Mr. Biondi: Nothing.

Mrs. Labow: Nothing.

Mr. Biondi: Don’t shock me like that.

Mr. Perkins: Nothing.

Mr. Rattner: Mrs. Jenkins thanked us for the budget. I think what she really did is thanked us for the raises.

Mrs. Jenkins: That too.

Mr. Rattner: The other thing is that we passed a resolution for the Fire Department’s 75th Anniversary I think is a big thing. I think we should have... if we still have time to make a regular brass plaque or something made up so that they can hang on their wall so they can say we are congratulating them on their 75th Anniversary and for 75 years of extraordinary service to the Community.

President Greenbaum: I would agree. Anything further?

Mr. Rattner: No. Thank you.

President Greenbaum: You don’t have any other comments?

Mr. Semrau: I have a few things. No, I apologize for being late this evening.

Mr. Rattner: We will dock you.

President Greenbaum: I have no comments as well. I’ll take a motion to adjourn.

Motion was made and seconded. All in favor and none opposed, the meeting was adjourned at 9:54 pm.

 

__________________________
Robert J. Greenbaum
Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on June 27, 2006.

___________________________
Lisa Lashway
Township Clerk

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