Mt. Olive Township Council Minutes
June 22, 2004


The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:55 pm, following the Workshop, by Council President Rattner.

President Rattner: We’re out of our Work Session, we’re now moving into the public portion of our meeting where we will actually be taking action. We’ve already read the Open Public Meetings Act, I will ask that the Clerk re-read the Roll Call.

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Elms, Mr. Guenther, Mr. Perkins,
Mr. Geenbaum, Mr. Rattner
Absent: None

ALSO PRESENT: Sherry Jenkins, CFO; William Ruggierio, Business Administrator; John Dorsey,
Township Attorney; Lisa Lashway, Township Clerk.

Questions on Bill List?

President Rattner: Okay, questions on the bill list. You don’t have to answer them now, you can answer them when we get to it. Mine were actually general in nature. I did see that Mr. Buell and Ms. Labow, I believe you actually wrote yours up and got them to them ahead of time.

Ms. Labow: Mr. Buell did, I didn’t.

President Rattner: Okay, Mr. Buell, what…I would ask you, because you had a fairly long list, is there any issue on there, other than just information…are there any on there that you wouldn’t vote for if you don’t have an answer when we get to the list. That way, if there’s a few that you want specific answers for, we can narrow down the list a little bit.

Mr. Buell: Yes, number four, the purchase order for a hotel bill, which included $10.59 for pay-view TV. I don’t think it’s our policy to pay for….

Mr. Ruggierio: It certainly isn’t and we removed that $10.59 or we proposed to remove it.

President Rattner: We just…okay, we’ll ask questions….you know, I had a question just on what our policy is for choosing hotel rooms. I’m not going to bring up the name of the department, but if you go through there….and I thought that was really exceptional, and what is it that we spend that much money for somebody to attend a three or four day class in New Jersey to spend, you know, that kind of money, if we’re looking at cutting down on expenses and economizing. You know, do we have a policy of how…what hotels we go to, I mean, things aren’t cheap in New Jersey, but there’s got to be some sort of guideline, every corporation has one.

Mr. Ruggierio: Right, well typically the department head controls this, there is a policy that I saw from Ms. Jenkins that apparently was in place before we got here, concerning the League attendance. I looked at that specifically because I wanted…we’re getting to that time of the year and I wanted, you know, to visit that myself, but your points are well taken, I think we should probably develop a uniform policy. I do understand that, with respect to the particular bill that you are looking at, that there is an explanation from the…but the head of the division is not in town, he’s…he, himself, is at a convention right now, so…

President Rattner: Okay, you know, I want people to get the education and go finish…I’ve always been a big supporter of it and I want you to spend the money when that’s in a line account, but we can do more…I mean, I want more people to go and if we start spending too much…and we know that there are alternatives, you may not stay at exactly the place that you want and if you wouldn’t stay at a place on your own credit card, why should you do it on ours.

Mr. Ruggierio: Absolutely correct.

President Rattner: Mr. Buell, any other questions…just the questions so they can get the answer…any other questions?

Mr. Buell: I…there are several other issues from a policy standpoint that I would like to discuss, but nothing else.

President Rattner: Okay, because all I want to do is get through…we gave them the list, they have my list…I’m going to vote for the bill list, I find nothing else on there…give them some time, because my list
President Rattner (cont’d): probably didn’t get to them until today, because I did that on a cell call in just…because I finally looked at it. I do want the answers, but I will vote for them…they’re more questions than anything else.

Mr. Guenther: I have a question that seems to be incomplete…I can’t make…it says at the bottom of page 5, the Mature Market Resource Center and then it says supplies for national….$137.47…what is that?

President Rattner: What page was that on?

Mr. Guenther: Five at the bottom.

Ms. Jenkins: It’s supplies for National Senior Health and Fitness Day, May 26th, 2004.

Mr. Guenther: Okay, thank you.

PUPBLIC PORTION

President Rattner: Thank you, Mr. Guenther. Are there any other questions on the bill list? No surprises at the end of the meeting. Thank you. Okay, next item on the agenda, we have two ordinances for…oh, I’m sorry…. The public portion that I promised everybody we would have now. This is the optional public portion, anybody that doesn’t want to stay to the end of the meeting to see what’s going on, can address us now. It doesn’t mean you get two chances. Mr. Jones.

Dave Jones, Route 46, Budd Lake: Just one question on the bill list. I see on page one there is a bill for…I don’t know….the auditors, page 1 for $13,570., the check was dated 6/16/04. On page 5, another bill…the same…it appears to be the same purchase order and that one’s for $2,621.25. On page 9, again to Lurch, Vincy and Higgins, $1,908.75. On page 11, another $1,908.75; and page 12, another $1,908.75. I’m just curious why they weren’t written one check for $21,917.50 and…

Ms. Jenkins: Do you want to answer or do you want me to?

President Rattner: We already answered it, well, we discussed that before. Let’s see if I can explain it…it’s our bookkeeping system.

Ms. Jenkins: The first check that you are referring to on page 1, that is for work that was done in conjunction with our bond sale that we just had and what happens is we are allowed to charge like auditing fees related to the preparation of the official statement to the Capital Ordinances, so that’s actually coming out of Capital. The other checks that you are talking about, the check register is set up by fund, okay…so, Gary has been working on the audit and what happens with the audit fee is that we charge a portion of that to each fund, which means a separate check. Okay.

Mr. Jones: Okay. Alright, that’s it. Thank you.

Nelson Russell: Questions on the bill list, both ordinances and two of the resolutions.

President Rattner: For the ordinances, we’ll have separate public hearings on.

Mr. Russell: What?

President Rattner: The ordinances, we will…we are introducing tonight and we’ll have…if you have a comment on it, now is the time to make it, but we will have a separate…you know, we’ll have a public hearing on July 13th actually on the ordinances.

Mr. Russell: I have some comments on them before we do it, so… On the bill list on page 2, the top two items, the bullet proof vests, don’t those come out of a Police budget as opposed to a general Capital Budget?

Ms. Jenkins: These are actually grants, we get grants for these things, we get a Federal and a State grant and half of it gets charged to the Federal grant and the other half gets charged to a State grant.

Mr. Russell: Okay, so this is State grant.

Ms. Jenkins: Okay, yes, these are grants. If you see, under checking account, it says grant fund, so anything that’s grant related will come out of that fund.
Mr. Russell: I just don’t know the bookkeeping.

Ms. Jenkins: Sure, I know, I understand.

President Rattner: Yes, if you remember, when we were talking about the budget, I said that they were putting an expense in, but then there was also the offsetting money that was in the revenues. We still have to put it in and go through our same accounting system, then the grant becomes one of our miscellaneous revenues. That’s what we were talking about that we got some more, because we get them throughout the year, but until we get confirmation, we can’t put them in the budget.

Mr. Russell: Okay. On page 3, about right in the middle, $8.96 mailbox reimbursement.

Ms. Jenkins: That was for damage that was done to a resident mailbox and they submitted the bill to us and we reimbursed them for the damage that was done, as a result of snow plowing.

Mr. Russell: Was it done by the Township?

Ms. Jenkins: Yes.

Mr. Buell: One of my questions, Nelson, is that, and I questioned this one also, is that I’ve seen these mailboxes $80 - $90 in previous bill lists and my concern tonight, which I was going to ask later on, do we have a policy on this and why does one guy get an $8.96 mailbox, when other people are getting $90 reimbursements for the same thing.

President Rattner: I think it’s a bigger issue, I wrote a memo that I’m waiting for from the Administration asking what policy we have because this winter we had a lot and we’re still getting them. I mean, you know, it wasn’t hundreds but it’s enough that every bill list we have some and Mr. Buell is absolutely right, sometimes they are very expensive, sometimes they’re not. But if you go around town, there are a lot of them you see are on their last leg and they don’t…a lot of times, they don’t get hit by a snow plow, they say that we piled up the snow and it pushed it over, you know, things like that. So, I need to know what the policy is because some are very expensive and some aren’t and some seem to get a new mailbox every year, which may mean it’s in an inappropriate place, or the Road Department has to slow down.

Mr. Elms: Don’t we have someone look at it to see what the damage was?

President Rattner: For $8.96 we would spend $40….

Mr. Elms: No, I realize that, but for $90, if somebody should stop by and see what happened.

President Rattner: Sometimes the people bring the mailbox in. But…that’s why I want to know what the policy is and what we need is a policy. I mean, if we do some damage, we should do it, it’s not worth going through the insurance, that’s why we have what it goes there… it’s just that there seems to be a lot of them and I’m not sure if they’re really, in my mind, all justified. I’m sure that the Administration, if the average of $40, how much time are you going to spend on it?

Mr. Ruggierio: Yes, and I can develop a policy, but my philosophy or point of view about it is if Mr. Quinn tells me it’s a righteous claim, you know, we pay it. That’s as simple as it is and I…if it’s $8.00, it’s probably one of Mr. Buell’s neighbors.

President Rattner: No, but one of the things about it is, if it is a righteous claim, is how it happened; because we had a long-time road supervisor here and he used to go out and show me, when we used to go out, that he could tell if his guys were driving too fast to do damage, because he’d show when going, let’s say on Flanders-Netcong Road, the trees…he’d say look how high up the snow is, that mean’s they were going faster than the 15 miles an hour and they’re going to do damage. So, those are some of the things we really have to look at.

Mr. Russell: I lost a mailbox and never thought of submitting a bill.

Ms. Labow: I did the same thing.

Mr. Greenbaum: Well, don’t think about submitting it now.

President Rattner: We’re going to set the policy.

Ms. Labow: Is there a statute of limitations because I got one like that two years ago.

Mr. Russell: I’m not. On page 4, slightly below the middle, we’ve got $1,234.64 a vehicle lease payment – what kind of lease do we have that’s $1,234.64 a month?

Mr. Buell: Remember, that’s several cars, I looked at that also.

Mr. Russell: Oh, it’s several cars?

Mr. Buell: Yes.

Mr. Russell: Okay, on page 5, $215.00 for a repair manual – that’s an expensive book.

Mr. Ruggierio: Yes, this is a manual that’s produced…shows all the cost of auto body parts. We have to develop bid specifications because of the amount of money that we expend on…for auto body repair. So, we worked up…or are working up specifications that reference that manual and that’s how we are going to end up complying with the law, although I think I said in response to Mr. Rattner’s request for information about this, it looks like we’re the only…because we try to get bid specs from other places, other municipalities, it looks like we’re the only municipality in the State that’s trying to comply with the bid laws concerning these auto body requirements. But, it’s a service that we can’t…that we believe has to be bid, so…

Mr. Russell: And this expenditure will come through every year?

Mr. Ruggierio: Well, I’m sure that there is an updating service related to the book, I’m not sure how it works…Ed Katona, our Police Chief, actually has custody of the book and when he’s back, I’ll ask him these questions.

Mr. Russell: Okay. Toward the bottom, $71.25 for a lawyer’s diary – again, it looks like an expensive book.

Mr. Ruggierio: I think the Clerk’s office got that, didn’t they? The Clerk’s office got it – it’s a list of New Jersey offices and…no maybe the Court, yes, the Court. It’s a listing of all lawyers and their phone numbers in one place in New Jersey. A lot of, you know, Superior Court numbers and things that are essential to the functioning of a lawyer’s office or the Courts.

Mr. Russell: So, it’s a directory more than a diary.

Mr. Ruggierio: It’s a directory, right. They call it a diary because you actually…there’s a calendar in the front, but it’s a very minor part of the book.

Mr. Greenbaum: Indispensable, absolutely needed by the Court.

Mr. Russell: Okay, on page 7, Tilcon New York Inc. What’s an I-5, an I-6 and a Kol-Tac?

Mr. Ruggierio: It’s asphalt, asphalt type product.

Mr. Russell: I5 is an asphalt?

Mr. Ruggierio: Well, don’t hold me to it, that’s what was told to me. It’s a road asphalt type product.

Mr. Russell: Because we have other paving on here somewhere that indicated as two inches or three inches.

Ms. Jenkins: That’s on page 1 that you are referring to, also under Tilcon.

Mr. Russell: Right, are these the same thing, or….why were they described differently?

President Rattner: The two inches and three inches went to our road paving projects and that’s usually the

Mr. Russell: That, I understand. It’s I5 and I6 that I don’t understand.

Mr. Ruggierio: I think it has to do with the, you know, the extent to which it’s, you know, what kind of aggregate’s used in it and it’s just how they describe their product, but I can get some more detail on it. I just don’t have it now.

Mr. Russell: I was just looking for a more descriptive description.

Mr. Perkins: That’s an aggregate and it’s a State classification for an aggregate that’s your quarry processed…the stone under-layer that they put, it’s got some fine grit in it as well as ¾ inch stone. That’s what they compact it in, they put the two inches of paving over the top.

President Rattner: Just so you know, we go through this, I mean, this only has…they could only fit a couple words with this system, it’s a state or county system, so we don’t have everything on there, but enough people have gone through it, it takes a couple signatures inside, every Council Member goes through it…we actually go through the bills…some of us actually go through the vouchers themselves to look at the backup. So, the idea now, especially with the public portion, isn’t to nickel and dime every, you know, $50 charge on here.

Mr. Russell: No, but I questioned $400 for yellow Frisbees on page 9, under Recreation Utility, we don’t have a Recreation Utility.

Ms. Jenkins: Yes we do.

Mr. Russell: I thought that was rescinded.

Ms. Labow: No, we overrode it.

President Rattner: No, we overrode…the Administration asked us to override the veto.

Mr. Russell: Okay, so we do have a Recreation Utility and we spent $400 on yellow Frisbees?

Mr. Greenbaum: In other words, since it came out of the Recreation Utility, it means that funds were collected for participation in that particular activity of which it is now spending money out of the funds which they have collected towards whatever activities they are going to use in that. In other words, you pay to play and that’s what… I mean, people paid into whatever fund and they’re expending those funds on whatever the people paid to…

Ms. Labow: Program.

Mr. Greenbaum: Program, thank you…we got the idea.

Mr. Russell: I’m just amazed that we’re spending $400 on Frisbees, it’s….

Ms. Labow: Well, it depends on what the program is, you know, it might be something for the whole summer.

President Rattner: Okay, let’s continue. We never spent much time on the bill list, that’s why we ask for comments in advance at least so the Administration….

Mr. Russell: Page 10, towards the bottom $19.53 on fire fighter’s equipment under the Sewer Budget.

President Rattner: That’s the name of the company. That could be almost as an equipment company, it’s a supplier.

Mr. Russell: Are we buying fire fighting equipment for the sewer….

President Rattner: No, they sell other stuff like that, they sell valves, they sell canisters, they sell a lot of different things, breathing apparatus….

Mr. Buell: Hydrant adapters, wrenches…

Ms. Jenkins: It’s related to air cylinders.

President Rattner: You know, we want to answer the questions, but, I mean, $19.53 on stuff…if you really have a question, I mean, the…everything is public information, you don’t have to pay for it if you come in in person, just ask to look it over and they will get you the backup, because not everybody up here is going to have every answer and I don’t know if we would spend…I know I wouldn’t spend the time on a $19 piece unless the name jumped out at me.

Mr. Russell: Okay. Just for my own edification, what is Bolinger?
Ms. Jenkins: Bolinger is the company that we pay our prescription plan to, we pay monies to them for the prescription plan for the Township.

Mr. Russell: Prescription plan, okay. A question on the ordinances – is this the appropriate time to do that or…

President Rattner: Well, we’re not going to have separate on it, so…if you have a comment on it…

ORDINANCES FOR FIRST READING – (2nd Reading July 13, 2004)

Ord. #19-2004 An Ordinance of the Township of Mount Olive Providing Rules and Regulations for the Governance of Turkey Brook Park.

Mr. Russell: Starting with the Turkey Brook ordinance, section 1, paragraph B, it talks about lighted fields closing at 10:00. We don’t have lighted fields at Turkey Brook.

Mr. Guenther: There might be in the future.

Mr. Russell: If we can’t…if the fields can’t manage daytime, I can imagine what it would be like if we put lights up. If we are going to have lighted fields, shouldn’t the restrooms in paragraph C be opened until 10:00, as well?

Ms. Labow: Very good point.

Mr. Russell: Section 2, item C, no fishing without permit. There’s….where would one fish at Turkey Brook?

Mr. Buell: Maier’s Pond.

Ms. Labow: Maier’s Pond.

President Rattner: Well, we’ll take your comments. That was Turkey Brook goes into Maier’s Pond.

Mr. Russell: Okay, same with boating, paragraph P?

Ms. Labow: Yes.

Mr. Russell: Q, no trespassing shall be permitted in areas posted with signs authorized by Mayor. This is arbitrary no trespassing sign? Or does he authorize…..what, I’m wondering what that statement is about.

Mr. Ruggierio: Well, I think you….I mean, I think that you probably don’t want the Council determining every geographic area of no trespassing, that it made sense for whoever the Mayor is to designate areas that would be prosecutable because there should not be trespassing there.

Mr. Russell: Shouldn’t there be no trespassing where there are no trespassing signs, I mean….

Mr. Ruggierio: Well, that’s a requirement, in other words, you can’t prosecute unless there are signs, so the Mayor would designate this area as no trespassing. The signs would go up and then that would make the…that would be the prerequisite for the police to be able to charge somebody.

Ms. Labow: Can’t Council also do that?

Mr. Ruggierio: You want the Council to do it?

Ms. Labow: No.

Mr. Dorsey: The Council can do it by ordinance, the Mayor can do it simply when he deems it appropriate without an ordinance being in place.

Ms. Labow: Okay.

Mr. Russell: Well, if we want to put a field off-limits, that would be no trespassing, does the Mayor have to authorize every field closing?

Mr. Dorsey: Well, through his…through the Building and Grounds Supervisor, the Mayor is taking that action.

Mr. Russell: Well, the Mayor is not taking that, Jim Lynch is taking that action.

Mr. Dorsey: But that…he is the representative of the Mayor, he’s the Administration.

Mr. Russell: Then we ought to have by Mayor or his designees.

Mr. Dorsey: Well, it should just say no trespassing shall be permitted in areas posted with properly authorized signs.

President Rattner: Yes, I like that.

Mr. Russell: Number R, isn’t that the repetition of D, no hunting…no hunting, trapping or possession of firearms?

President Rattner: Anything else?

Mr. Russell: Yes, on section 5A, groups larger than 20 individuals to insure there are no conflicts with recreation or scheduled activities. Any type of team event, there is going to be more than 20 individuals. Every time you go to a soccer game, you’ve got more than 20 individuals; does that mean that you have to have a permit for every soccer game, every baseball game, every football game?

Ms. Labow: Who wrote this ordinance?

Mr. Ruggierio: I believe that general permits are issued for the use of the fields by, you know, soccer teams.

President Rattner: Okay, I have an idea and I think, you know, obviously your comments are well taken. I think this is, you know, this is not ready for prime time. And, we’re not going to, you know, we’re not even going to introduce that one. We can do that, right?

Mr. Dorsey: Yes, take it off the agenda.

Mr. Guenther: It’s a legitimate question that Colleen had, who wrote this?

Mr. Dorsey: No, the rules and regulations were given to me by the Administration. As I understand it, Chief Katona was in charge of the committee that collected all the rules and regulations and he met with various sports groups to agree on these rules and regulations.

Ms. Labow: So the answer is you were given a bunch of information and you drafted the ordinance?

Mr. Dorsey: That’s right.

Mr. Russell: There just appears to be a fair amount of redundancy in it.

President Rattner: Okay, we’re going to take that off, we got the point.

Mr. Russell: Steve, let me….on the bond ordinance….

Ms. Labow: I just want to, excuse me…

Mr. Russell: Let me make a comment here. I’m not sure we want to take this off, because as I understand it, we can’t enforce the no parking regulations up there until we get an ordinance.

President Rattner: I don’t want to put something in, if there’s any changes at all, we’re going to have to defeat it or table it and then do a modification and go through the public hearings. If there’s some wording or some things that are different, I mean, we’ve gotten along this, you know, we’ve gotten away this long, let’s, you know, have time to review and we will reintroduce it on the 13th.

Mr. Russell: This should also apply to all parks, not just Turkey Brook.

Mr. Dorsey: This is drawn specifically for Turkey Brook.

Mr. Labow: I would like Mr. Nelson….

President Rattner: Mr. Nelson, I think, has a good point, I mean, there should be appropriate, you know, we should…oh, Mr. Russell…

Ms. Labow: Yes, Mr. Russell… Can we, he went through a lot of things, can we just mark up the things that he brought out? I mean, we….

President Rattner: But this is not a workshop. We can do that, you know, we’re going to have to put it on before we go again and see what it is. If you have it marked up, we would like a copy of your marked-up copy, if you have it.

Mr. Elms: I also wanted to suggest a change in there.

President Rattner: Yes, that’s what I mean, there’s too much to do here. This is not the point…you know, by the time we have it and we introduce it, we should know it’s in pretty good shape. Remember, it took us six months to get the rules and regulations of Turkey Brook…..

Mr. Elms: Steve, I didn’t think we even went through these….details…

Mr. Russell: I have some more comments, but I’ll pass on to the next….

Mr. Elms: ….these ordinances on first reading.

President Rattner: Yes, but if we know that there were different….and I was going to pass…but if there were different things wrong, if there are any substantial changes, we have to kill it anyway, because you can’t make a substantial change, and by the third item, there is too many. Okay, you have the next ordinance?

Mr. Russell: Yes, on the bond ordinance, in section 9, the last sentence talks about ad valorum taxes on all taxable real property. Is that all real property or just the people who are on the water system?

Mr. Dorsey: You know, although this bond ordinance is designed to provide for improvements to the water utility, and as the Township’s accounting is set up, the utility is separate and distinct, and the utility will ultimately make all of these payments. A bond ordinance, in order to be effective, must pledge the full faith and credit of the Township and that is done specifically by including the language which you read in section 9.

Mr. Russell: So that means that, even though I’m not on the water system, I end up paying for part of it.

Mr. Dorsey: That means that if the water system….this is a protection for those who buy the bonds, and, although it is the intention of the Township by a long standing policy that the water utility will essentially pay off these bonds. If a water utility, for whatever reason, fails to do so, they will be paid off by way of ad valorum taxes.

Mr. Russell: On all residents.

Mr. Dorsey: Yes.

President Rattner: But it hasn’t happened, I mean, basically it would have to go belly-up…if they run a deficit, we have to make up the difference.

Mr. Russell: On the resolution…

President Rattner: Okay, we’ll have a separate section on the resolutions to go…

Mr. Russell: These are for…these are consent resolutions…

President Rattner: We still have a…we have a portion after we do all the consent resolutions.

Mr. Russell: Okay, thank you.

President Rattner: Okay, anybody else from the public like to address…? Yes sir.

Paul Stefiniw, Budd Lake Heights Road: Just a comment with the Ordinance 19-2004, for Turkey Brook. I would ask that we go back and review the existing ordinances on record now and that we can incorporate those into the existing…this one into the existing ordinances and also maybe the Chief can review the existing
ordinances to see what can be enforced on other parks as well as this one. Because I think we have something right now in the codes concerning general usage on parks and regulations and I would hate to see something be restated here that might contradict what’s already on the books and then have us run into problems. Thank you.

President Rattner: Thank you very much.

Ned McDonald: Just one quick comment about the Turkey Brook ordinance, the citizens of this town have spent $10 million thereabouts on this park. I think that this should be carefully worked out with residents other than the Police Department and various sports groups, there’s a lot of people who want to use this park. I think the general public should have some input into these rules and regulations also. The other thing is just one item on the bill list, page 4, spring water delivery for $312. What is that all about?

Mr. Ruggierio: The Township cafeteria, and I don’t know, are there other…yes, would you….

Jim Lynch: The Township gets deliveries from a company for spring water. Our fleet garage, our Municipal old DPW garage at the lake, the beach staff….there are no potable water supplies in those facilities, the Sanitation trailer, we have bottled water delivered. There is a delivery system dispenser in the cafeteria, as well, but many of our other sites where employees or public are seen, don’t have potable water, so we have deliveries made for that.

Mr. McDonald: Good answer, thank you.

President Rattner: You had a question for Jim, Mr. Elms?

Mr. Elms: Yes. We operate, I think, ten water systems, is there any reason why we can’t refill the bottles? I mean, we’re providing potable water to a significant portion of our residents.

Mr. Lynch: I honestly can’t answer that question. I would think Phil Spaldi, or someone in Water & Sewer would be better suited. I just know it was in place when I arrived and I have continued the practice to provide water, but we can ask Water & Sewer.

ORDINANCES FOR FIRST READING

President Rattner: Anybody else? I’ll close this portion…this public portion. Okay, we have one ordinance. The next item on the agenda for first reading is Ordinance #20-2004, entitled:

Ord. #20-2004 Bond Ordinance Providing for Various Improvements to the Water Utility In and By the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $250,000 Therefore and Authorizing the Issuance of $237,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Ms. Labow: You confused me, we took the first one off, okay. I move that Ordinance #20-2004 be introduced
by title and passed on first reading and that a meeting be held on July 13, 2004 at 7:30 pm at the Municipal
Building located at 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey for a 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 law.

Mr. Elms: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Contributions for Unemployment Insurance Benefits.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of Estimated Tax Bills for the Third Quarter 2004 Payment.

3. Resolution of the Township Council of the Township of Mount Olive Establishing a Change Fund for the Municipal Beach for $50.00.

4. Resolution of the Township Council of the Township of Mount Olive Amending the Temporary Budget for 2004 for the Current Budget.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract with Golub Animal Hospital for Animal Control Purposes for 2004.

6. Resolution of the Township Council of the Township of Mount Olive in Support of the Removal of the Gruendyke Dam.

7. Resolution of the Township Council of the Township of Mount Olive Committing the Necessary Water and Sanitary Sewer Service to the Lutheran Social Ministries of New Jersey for Fifty Units of Affordable Housing for Elderly Persons and Their Families.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement (Preliminary and Final Site Plan Approval with Variance Relief) Between the Township and Burger-N-Brew.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of an Alcoholic Beverage License for the 2004-2005 Licensing Period RE: 1427-006-006 – 96 Sandshore Road, LLC.

President Rattner: Okay, next on the agenda we have nine resolutions on the Consent Agenda. Is there anybody on the Council that would like any removed for any reason and discussed separately? Seeing none, Mr. Elms, would you move the Consent Agenda.

Mr. Elms: I move for passage of resolutions one through nine on the Consent Resolution list.

Mr. Buell: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Rattner: Is there anybody from the public who would like to address any of the nine resolutions on the Consent Agenda?

Mr. Russell: On number 2, dealing with the tax bills. Paragraph 2 says 103% of the previous year’s tax levy…do we want…we don’t want the whole year’s tax levy, we only want a quarter, don’t we?

Ms. Jenkins: Yes, that goes without saying. That goes without saying, absolutely.

Mr. Russell: Well, it’s not said, it said 103% of last year’s tax levy.

Ms. Jenkins: If you look at how the quarterly taxes are calculated, you have to look at a full year, because it’s broken up into increments, okay.

Mr. Russell: Correct, but this is dealing just with this third….the third quarter bill and it’s talking about a full year tax levy as opposed to one quarter of the full year tax levy.

President Rattner: Is this a standard…out of the book?

Ms. Jenkins: Yes, a standard resolution they got from the division.

President Rattner: That’s what I mean, this….

Mr. Russell: We’re also doing it at only…103% as opposed to 1.95, which is what the budget…looks like it’s going to be at.

President Rattner: Well, we don’t know, we haven’t passed that yet.

Ms. Jenkins: No, the range of what you can bill is 95% of last year’s levy to 105% of last year’s levy. There is a permissible range that the division sets up. You can only bill at that range. You send out a reconciled bill for the fourth quarter, which will basically, you know, allow people to pay the balance of what they should be paying for the year.

Mr. Russell: Because it looks like we’re going to be over a 5% increase.

Ms. Jenkins: I know that, but because I wasn’t sure at the time that I did this, I mean, I have no idea, and didn’t know even as of last week where the budget might wind up. So, I clearly wanted to put in more than 100%, wasn’t sure that I should go to the max because there were a lot of things that were still on the table, so I picked, you know, basically the average between the two, which seemed to be a reasonable number.

President Rattner: Anything else?

Mr. Russell: I still have my question on the previous year’s tax levy, is that appropriate?

President Rattner: Well, the first whereas says that it’s the….to issue a tax bill for the third quarter of 2004, follows the statute that says the third quarter taxes is one quarter, of course any make up of the first two quarters, so….if this is the standard that comes right out of the State manual, obviously it’s passed muster. Thank you very much. We’ll make sure that it’s only….you’re not getting charged a whole year’s taxes in one quarter.

Mr. Russell: On Resolution #4 dealing with the temporary budget, the attached sheet is showing $300,000 increase in Police salary. Is that…is that the number we are increasing Police salaries, by $300,000?

Ms. Jenkins: Again, when I did the temporary budget amendment, I had no idea how much longer this budget was going to go, so I put in, you know, a reasonable amount that I thought was going to cover us. As of last week, I didn’t know if it was going to be resolved in a week, or if it was still going to take another few months to do, so….

Mr. Russell: That’s an awfully big salary increase.

Ms. Jenkins: We normally….not really, when you…this is just a temporary budget amendment. Total annual Police salaries are, I think now it’s proposed at $4.4 Million, so when you look at that and you equalize that over 26 pays, you know, you’re looking at a lot of money per pay, okay.

Mr. Russell: Okay, thank you.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Rattner: Anybody else from the public like to address the Council on the Consent Resolution? Any Council comments?

Mr. Elms: Steve, would it make sense if we started numbering the resolutions? So we could keep track of them a little easier.

President Rattner: Numbering them out there? I mean, numbering them on the pages themselves?

Mr. Elms: Yes.

President Rattner: But we’re constantly changing the agenda, so we’ll have blank spots and stuff like that, and if you have a revision, do you give it a new number or the old number?

Mrs. Lashway: What I can give you is a copy of an index. After it is passed, then they do go into a numerical sequence into an index, which I can print out for you at any time.

Mr. Elms: Okay, that would be worthwhile having, with what the subject is of each resolution?

President Rattner: Well, I see, you’re looking after…not before, okay. Oh, okay.

Mr. Elms: Yes.

Mrs. Lashway: Well, it will be the title.

Mr. Elms: It would be nice to do it before but….okay.
Ms. Labow: I have a question. On the Lutheran Ministry, I just want to double check, they’re happy with the what 7,500 sewer allocation – and that was sufficient for them?

Mr. Ruggierio: Yes, absolutely. They’re happier with 7,500 than they were with 6,500, which is what they requested, but we felt that 7,500 was the right number.

Ms. Labow: So then this won’t hinder their processes – they’re set to go, good to go and we…okay, thank you, that’s it.

President Rattner: Anybody else? Roll Call.

ROLL CALL Passed Unanimously

MOTIONS

President Rattner: Okay, Motions. Motion number 1, the Raffle Applications, Mr. Perkins.

Raffle Applications

Mr. Perkins: Yes, I make a motion to approve Raffle Application #2038 for the Mount Olive Junior Baseball Softball Association; Raffle Application #2039, #2040 and #2041 for the Mount Olive Band Boosters Association; and Amendment to Raffle License #2023, Raffle Application #2042 and #2043 for the Budd Lake Volunteer Fire Company.

Mr. Guenther: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

Bill List

President Rattner: Okay, the Bill List, Mr. Greenbaum.

Mr. Greenbaum: I move the Bill List.

Mr. Elms: Second.

President Rattner: Any discussion?

Mr. Perkins: Just briefly and not to pick into small matters, but if we can just….look at page 5 and remove the tax for the plaque and the wreath. I assume we don’t pay tax.

Mrs. Lashway: Well, that was a situation where we went out and we had to pay the tax. I sent Michelle down to Michaels to get something for an event. We did not go down with a tax exempt number, so….we were charged it so we do have to…it doesn’t happen very often, but if it is a quick job that we have to put something together and take money out our own pocket, we don’t get a reimbursement for the tax….

President Rattner: Mr. Ruggierio, when that happens, can you provide a copy of our tax exempt certificate and that way if they buy something that’s for the town, they can get the tax exempt, because that’s all the store really wants.

Mr. Ruggierio: Sure, absolutely.

President Rattner: That’s not unusual…it happens with different….because I worked for a non-profit…a credit union and it’s the same issue. If you go and you have to watch how you pay for it, but if you go with the certificate, then you can get it. Okay, any other questions? Roll Call.

ROLL CALL Passed Unanimously

ADMINISTRATIVE MATTERS

President Rattner: Administrative matters.
Mr. Ruggierio: None.

OLD BUSINESS

President Rattner: Old Business.

Mr. Buell: Just a very quick one. It relates to the bill list, but I thought this was a more appropriate place to bring it up. When I looked at the Budd Lake Fire Department operating expense reimbursements, I looked at, you know, lack of back-up on that. Is that the way that usually is submitted?

Mr. Ruggierio: I don’t know, this is the first one I’ve seen and I did…when you raised your question, I did get a lot of information about what was missing. I think Bobby Sheard was here earlier to try to address some of these issues, but I think your point might be well taken that we…some…at least four or five of those items needed greater examination.

Mr. Buell: Do we have any…do we have a requirement that they submit bills and invoices, because when I went through it, I, you know, was rather shocked with the lack of…

Ms. Jenkins: Let me talk about that. We always make sure they have bills and invoices and my staff has known for three years when we implemented this that they have to make sure that we get a copy of an invoice and a check. And I know there were a number of things we pulled off because we didn’t have back-up. I think your issue may be, and correct me if I’m wrong, that you can’t…you wanted more detail than what was there?
Because we always get an invoice and a check, so….

Mr. Buell: Well I…I just want to make sure that, you know, because I saw the credit cards with just CitiBank and no explanation and meal allowances and I’m sure it was all, you know…

Mr. Ruggierio: And sometimes…Sherry wasn’t here today for obvious reasons, but sometimes when I challenge it…something like that, I find out that Finance actually does have more back-up, but I think the point’s well taken, just the amount and the credit card doesn’t tell you…it doesn’t give you an ability to confirm that it’s a legitimate expense. So, we’ll check those out and I appreciate your bringing it to our attention.

Mr. Buell: Yes, I was very happy with the back-up that you gave me. The other question is on the various health programs like the PSA and the PBS3’s and tests and things of that nature, are we applying for and recouping monies from Medicare and NJ Care or are they available? And the second question I ask actually is regarding Paragon; I understand that at Paragon there is some agreement that they were not….we were not going to be charged with emergency fees and other medical expenses and are they involved in some of these charges?

Mr. Ruggierio: Well, I’m not aware that there are…there is an ability to charge back, in general, those charges, but I’ll take another look at it and consult with people to, you know, see if that’s possible. But the second question concerning Paragon, I know that there is…and we’ve been tracking it down because there is a developer’s agreement and apparently also a resolution out there that deals with some representations that they apparently made before the Zoning Board or Planning Board, I don’t know which, concerning the emergency services. It came up in a discussion we had with Paragon, so that’s why I’m aware that these discussions…and of course, they had a particular description of what was said that may not comport with what the resolution says, so we’re still tracking that down, but I would say that it was certainly never asserted by anyone that I was aware of that general, you know, medical costs of the residents there could be somehow, you know, reimbursed. But I don’t think that was ever thought of.

Mr. Buell: Thank you.

Mr. Greenbaum: Yes, Bill, at last week’s meeting I gave you a list of old business and what’s your thoughts in terms of giving me a response?

Mr. Ruggierio: I’ll get you a response this week, you know, I….

Mr. Greenbaum: You know, any time before the next meeting is fine.

Mr. Ruggierio: Okay, absolutely. I…it hasn’t drifted from my radar screen, I had Mr. Buell’s list and I think I got that done.

Mr. Greenbaum: I know you have a lot of lists.
NEW BUSINESS

President Rattner: Any other old business? Any new business?

Mr. Guenther: It’s sort of new, going on old. I’ve been down in the Mine Hill Road area, Drakestown/Mine Hill Road, whatever it’s called, it gets very confusing down there. And it’s obvious that when you go down that road where, you know, one side is Washington Township and the other side is Mount Olive, you know, it’s obvious that each Township is doing it’s own thing, I mean, it doesn’t seem to be an agreement…contrary to what we have been told in the past, that there is an agreement for either one or the other municipality to take care of the whole thing. Obviously, paving has been done on it at different times, you know, it just doesn’t seem to be uniform, so…I would, you know, urge, I know you’re probably working on it, that’s something that has to be looked at. The other thing is that Mine Hill Road splits off and then I believe it’s East Avenue that goes toward the diner, and that is then the border line between Washington Township and Mount Olive. When you go down the rest of Mine Hill Road that goes to 46, that’s all Mount Olive on both sides, that road is in horrible shape, it has been absolutely….it has been absolutely…it’s just all patches. That’s got to be looked at for complete re-pavement, it’s just unacceptable. You can’t avoid the patches and the holes driving down there.

Ms. Labow: I just want to bring up two things. Actually, I have a question on procedure just because I want to know how it works. I don’t know if any of you read in your memos with Jenny’s Lane with Mr. Rocco, I had spoken with Gene Buczynski, after getting a call from Charlie Uhrmann, regarding the paving of the road. The history, as I understand it, is there was a slight engineering kind of a problem where Jenny’s Lane met with Mine Hill Road. They went out in November to discuss the issues, it was resolved. Mr. Rocco had said he would have that road paved before winter, he did not. They contacted him in the spring, Frank McGlynn, from our Roads Department, Engineering Department, I guess is what he is, and he was told by….this is what I was told by Gene Buczynski…that he…Rocco said he had a contract with Owl Paving. In checking further, in fact seeing it over that there was not a signed contract, and Owl Paving said that once they get a signed contract, they would be out within two weeks. Now, on the 15th, Gene Buczynski sent a memo to Mr. Rocco informing him that he is, in fact, in default of the developer’s agreement, substantially in default, and that if that…Jenny’s Lane is not paved by June 30th, that we will go after the bond. So, my question is…you know, he recommended that…he recommended Council to go after the bond if it’s not paved by June 30th. What happens at that point?

Mr. Dorsey: Yes, the Township has to adopt a resolution declaring Mr. Rocco, if he’s the name of the developer…that is the name on the developer’s agreement, that he is in default of the developer’s agreement and in default of his obligations, and copies…certified copy, of that resolution would then be sent to Rocco and to…I assume that there is a surety bond, or is it an irrevocable letter of credit, either/or. If it’s a surety bond, the surety bond…the insurance company would be put on notice and we would then start an action to collect the necessary funds, once we had a firm price as to the cost of the re-paving.

Ms. Labow: What time frame, like how long does something like that normally take?

Mr. Dorsey: Sixteen years. No, I’m kidding. It’s not quick.

Ms. Labow: It’s a long process, right? So, it could, in fact…

Mr. Dorsey: Well, you know, I don’t want to say it’s a long process, sometimes you deal with developers who are responsive and sometimes you deal with either a bonding company or a bank, if it’s an irrevocable letter of credit, they are responsive. So, sometimes it’s very lengthy, other times, it is not. The first step is to adopt a resolution declaring his default of obligations, and you have to take it step by step.

Ms. Labow: Well, we can’t do that until after the 30th…..

Mr. Dorsey: Well, you would do it based upon Gene Buczynski’s letter to you, that the developer is in default.

Ms. Labow: Yes, because the letter does say that as of the 30th, that this cannot……it gives us the permission to do it at that time.

Mr. Dorsey: Presumably, Buczynski will write us a letter on the 31st, or on the 1st….

Ms. Labow: Actually, I think his letter has kind of summed it up all in one letter. Did you read it, Steve?

Mr. Dorsey: I’ve seen the letter.

Ms. Labow: Oh, you saw the letter, okay.
Mr. Dorsey: But now, obviously, we have to wait until the 30th, because that’s the deadline the Township Engineer has put on him, and…

Ms. Labow: To have it complete, though, John, so that’s why I was confused.

Mr. Dorsey: Well. We’ll hope to see it on the 13th, if it’s not….

Ms. Labow: Well, we’re talking June 30th. We won’t even….

President Rattner: Colleen, it has to go…you have to follow the statutes. One of the things is a practical matter is even if we get him in default, we contact the insurance company, then we go after them and tell the insurance company to pay us…it’s no different than trying to deal with him after a car crash. The first thing they try doing is going back to their client….

Ms. Labow: Yes, okay. I just wanted to find out the process.

President Rattner: That’s what it is and then it takes a while. It’s not something where, okay on the 30th give me the money.

Mr. Greenbaum: You know what, I think that there is…I think there is something that we can do in the interim, which is to send him a letter from Council that says that we are prepared…we are….not him, from Council, that we are prepared to find him in default if he does not comply with Gene’s letter of blank. You know, often times a letter like that will get somebody…..

Ms. Labow: Oh, I think you’re right, can we do that?

Mr. Greenbaum: ...and it doesn’t cost us anything to send such a letter and I think it….

Ms. Labow: Because, you’re absolutely….because this is like…he should have….he entered into this developers agreement on June 21, 1999 and he was supposed to have everything finished in eighteen months and it’s five years later….

President Rattner: Okay, we go through this all the time. It’s not an every day occurrence….

Ms. Labow: I know, well, this is my first time…but I think Rob has a really good idea, can we do that?

President Rattner: Okay, do you want Mr. Dorsey to send the letter?

Ms. Labow: Yes. Please.

President Rattner: Would you send a letter representing us….

Mr. Buell: That will change his mind, it’s already been five years, let’s move right on that ladder.

Ms. Labow: Well, I think, you know, I think there is a lot of public…there’s a lot of perception out there in the public that, you know, people can get away with things and Council doesn’t do anything and I think we should be a little more proactive.

Mr. Dorsey: You know, I don’t understand that perception, if the perception is out there, considering all of the developer’s agreements that we draw and the enormous amount of infrastructure that has been put in the last five years, this will be the first developer in, and I’m going to say ten years, we’ve actually had to go after.

Mr. Greenbaum: I’m sure that….

Mr. Dorsey: There was Greentree, but Greentree came back and did it.

President Rattner: How much was Camelot – twenty years, twenty five years?

Mr. Greenbaum: I’m sure that a persuasive letter from the law offices of Dorsey & friends will do the trick.

Mr. Ruggierio: You know, you’re kidding about that but honestly, you start to turn up the heat with a letter like that from Mr. Dorsey and the developer will recognize that they have to pay Municipal bid prices to get this Mr. Ruggierio(cont’d): work done. It won’t be as cheap as putting a contract out themselves, so they see the course of, you know, the course of least resistance is to do the work.

Mr. Greenbaum: That’s why I suggested it.

Mr. Elms: Or file for bankruptcy, one or the other.

President Rattner: Yes, that’s what it’s going to do, because once you go after their insurance company, it puts them out of business.

Mr. Ruggierio: Well, the surety will still be solvent, I’m sure.

Ms. Labow: He’ll just change his name and start up again.

Mr. Elms: I would endorse what Rob said – send the letter.

Mr. Greenbaum: I would cc the surety company on the letter, as well, because they may actually say, you know what…

President Rattner: They would want to force him.

Mr. Greenbaum: Yes, they may say get this done because, so that’s my…..

President Rattner: You default on a surety bond, they don’t give you another one…you have to…yes…you go bankrupt and come up under a new name. Okay, anything else, Mr. Elms?

LEGAL MATTERS

President Rattner: Okay, any legal matters?

Mr. Dorsey: No.

COUNCIL REPORTS

President Rattner: Okay, any Council Reports? This was supposed to be, remember, a workshop, so….

Mr. Greenbaum: Just one thing, Morris Chase vote was going to be July 8th, if you’re interested.

PUBLIC PORTION

President Rattner: Okay, we come up to the final public portion. Anybody like to address the Council? Seeing none, I’ll close the public portion.

COUNCIL COMMENTS

President Rattner: Okay, we’ll go to final Council comments.

Mr. Greenbaum: Happy July 4th to everybody.

President Rattner: Yes. We’re not scheduled until after the 4th of July and we just ask that you keep in your prayers everybody who is defending us and remember even what we go through here, it’s still a heck of a lot better than being in Aphganistan, Iraq, and probably about three quarters of the world. So, have a great and safe holiday.

ADJOURNMENT

Motion to adjourn was made and seconded and the meeting adjourned at 9:47pm.

_____________________________________
Steven W. Rattner, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive, do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 14, 2004.

 

___________________________________________
Lisa M. Lashway, Township Clerk
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