Township Council Minutes
June 27 , 2006
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL: Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner
Mr. Greenbaum, Mrs. Labow
Also Present: Rick Prill, Business Administrator; Fred Semrau, Township Attorney;
Sherry Jenkins, CFO; Lisa Lashway, Township Clerk
President Greenbaum: Mr. Prill, is the Mayor joining us this evening?
Mr. Prill: I don’t believe he is.
President Greenbaum: The first item for discussion is:
1. Resolution of the Township Council of the Township of Mount Olive Recognizing the Achievement of Ryan Eldridge.
President Greenbaum: Mrs. Labow.
Mrs. Labow: Thank you. Ryan, you can come up if you want? Okay, I wrote everything down so I wouldn’t forget anything. Tonight the Mount Olive Township Council is very proud to have the opportunity to acknowledge one of our students for academic excellence. Every year the New Jersey Consortium of gifted and talented programs hosts a spelling bee. The New Jersey Consortium consists of a group of educators from 30 schools which are mostly located in Morris County. Their focus is to offer enrichment activities for all elementary grade students. This year there were 187 contestants for the spelling bee from the consortium schools. The contest begins at the elementary school level. In our town, the fourth and fifth grade class conducts their spelling bees in their own class rooms. Two finalists are then sent to the New Jersey Consortium Spelling Bee event. It has been 18 years since a student from Mount Olive won the New Jersey Consortium Spelling Bee. Ryan Eldridge, is not only an excellent speller, he is an avid reader. He has participated on the debate team and is a talented musician playing the viola. Did I say that right? Viola, the piano and the flute. Ryan also participated in the Spring Musical this year. Ryan was in Mr. Fritzky’s fifth grade class and the Gifted and Talented program at Chester M. Stephens School. Ryan’s love for reading and fascination for words has been an inspiration to his teachers, friends and family. Whenever anyone in his class needs to know how a word is spelled, Ryan is always right there ready to help out. Last year Ryan secured second place in the Consortium Spelling Bee and returned this year to claim first place. Ryan, the Mount Olive Township Council is very proud to present you with this plaque and I would like to read it to you. It is a Resolution of the Township Council of the Township of Mount Olive recognizing the achievement of Ryan Eldridge. Whereas, the Township Council takes pride in the achievements of its youth; and Whereas, Ryan Eldridge a fifth grader in Mr. Fritzky’s class at the Chester M. Stephens Elementary School where he is the participant in the gifted and talented program wherein he is a member of the debate team and an accomplished musician playing the piano, the viola and the flute. Whereas, Ryan is fascinated with words and recently entered and won the Morris County Consortium Spelling Bee competing against 186 other contestants, having also won first place at the spelling bee at the Chester M. Stephens Elementary School. Now, Therefore, be resolved by the Township Council of the Township of Mount Olive that it wishes to congratulate Ryan Eldridge on his outstanding achievement and wish him well in the future.
President Greenbaum: I assume you are moving that Resolution?
Mrs. Labow: Yes I am.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
President Greenbaum: It has been moved and seconded. Is there any discussion from the public? Seeing none, is there any discussion from Council? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Congratulations.
Mrs. Labow: I have one more gift for Ryan and he is going to be going into the middle school starting his high school career and we have a Mount Olive beach towel for you to start the summer off right. Thank you very much.
Proclamation - Myasthenia Gravis Awareness Month – Mayor De La Roche
President Greenbaum: Mr. Prill, are you doing it in Mayor De La Roche’s absence?
Mr. Prill: Yes I am.
Myasthenia Gravis Awareness Month
Whereas, Myasthenia Gravis is a neuromuscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow Jerseyans; and
Whereas, the symptoms of this disorder include, but are not limited to, difficulty
Moving, breathing, swallowing, speaking and seeing; and
Whereas, the Myasthenia Gravis Foundation of America, Inc. is non-profit organization founded, “to facilitate the timely diagnosis and optimal care of individuals affected by myasthenia gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care” and
Whereas, Myasthenia Gravis is the most common neuromuscular disorder affecting the residents of New Jersey; and
Whereas, it is fitting to recognize the many physicians who demonstrate an untiring effort to treat this disease and search for a cure; and
Now Therefore, Be It Proclaimed that I, Richard De La Roche, Mayor of Mount Olive Township, do hereby proclaim June as Myasthenia Gravis Month in Mount Olive Township.
Questions on Bill List?
President Greenbaum: Thank you. Are there any questions on the Bill List?
Mr. Rattner: Yes, just two comments. Mr. Prill, Tom Hitchins Associates, the phase I stabilization of the Seward House, it says that the initial phase of stabilization work on the Seward House has been completed and a final payment is due. What did that include because when I went past, it doesn’t look like it is very well stabilized. It looks like there is a tarp on the extension on the back and some wood. I can see what was done underneath but did we really stabilize? I guess I really just don’t understand what the contract was.
Mr. Prill: Well, I would have to review the contract. Specifically, I believe the stabilization was more interior work than exterior.
Mr. Rattner: Okay, so the water can get in and you are doing the inside before you do the outside?
Mr. Buell: That is correct. The part of the building... there is going to be another phase to this. What they have done is they have stabilized it. If you look at it from the road, the left side of the building has been stabilized. There is still a huge hole in the building that is going to have to be closed at some point in time. The kitchen also has been in process....
Mr. Rattner: Okay, I just asked because like I said, they said it was completed and from the outside....
President Greenbaum: Steve, I believe that everyone is wrong. Hitchins is the architect; Bogart is doing the construction work, so it is architectural payments that we are making. Not stabilization.
Mr. Rattner: Okay, it doesn’t say what, it just says it was completed. Okay, the other thing is, we got another bill from Roads. We are still paying for mailboxes being knocked down by snowplows. When does it end? You know, we just have a note I understand you will be sending me a check for $50.00, here is a receipt. It wasn’t even purchased until May. Do we have anything at all, or just anybody who comes in and says, I am replacing my mailbox now because three months ago it got knocked down. Is that the way we do it?
Mr. Prill: Well, we do need verification from the DPW staff that a mailbox had been knocked down.
Mr. Rattner: So they can three months later, when they get something dated, some time in almost June that they did knock down a mailbox in February, they keep those types of records?
Mr. Prill: I believe they do, they keep daily logs of damage that does occur.
Mr. Rattner: I just bring it up because I think we were wrong. I think it is just an easy way of getting money. That road.... those mailboxes, there is no way you are going to hit one unless you jump the curb.
President Greenbaum: Does anyone else have any questions on the Bill List?
Mr. Biondi: I have one question, page #21 item #007664. Just for clarification I guess, Aqua ProTech Laboratories entry for February water testing at $7,195.00 and May at $323.00. Where is the discrepancy? What am I not seeing? Why is there such a vast difference?
Mr. Dorsey: Alright, he has raised the question. You can continue the Bill List.
President Greenbaum: Okay, anyone else with questions on the Bill List? Mr. Russell, did you have anything? Why don’t you identify the questions that you have. Please come to the microphone.
Nelson Russell, Budd Lake: On page #8, half way down the page #001348, $10,000 for the animal control truck conversion. On page #1 to the same vendor we have $6,800.00 under maintenance of motor vehicle.
President Greenbaum: Anything else?
Mr. Russell: Yes.
President Greenbaum: We are just identifying at this point. The response to your questions will be at the end of the meeting.
Mr. Russell: I want to know who Francis Banisch is in all the Planning Board services that Mount Olive is providing.
Mr. Dorsey: Francis Banisch is the Planner. That is the planning firm that Chuck McGoarty is connected with. He is the Township Planner.
Mr. Russell: Okay so it’s not coming through Chuck then. I thought Chuck was doing our planning for us.
President Greenbaum: Chuck is.
Mr. Tepper: Banisch Associates.
Mr. Dorsey: He is. That is the name of his firm.
Mr. Russell: Okay. On page #13, I see three checks to Mount Olive Township, Mayor De La Roche.
Mr. Biondi: I had questioned that also but note that those were....
Mr. Buell: Nelson that is $3,762.00 to O’Neill Associates, actually Garofalo, Zierak, O’Neill for the
De La Roche defense at the recent MLSL 11906 PW. I am going to ask we not pay that until we have checked it. There was an agreement, at least a written statement to Joseph O’Neill prior to his taking this case that he would not duplicate any work that was done by Mr. Ruggierio. I would like to confirm that that is the case as far as we can.
Mr. Russell: Thank you.
Mr. Biondi: Mr. President, in that same vein, I looked at that and I wasn’t going to say anything but is one of those entries there, was that mandated by Judge Bozonelis?
President Greenbaum: No. No, Joseph O’Neill was unrelated to the.... that was Vijayant Pawer; Vij Pawar was the name of it. That was separate, that is actually.....Mr. Buell is correct, that the Council approved the Mayor getting an attorney and there was some letter written by Mr. Dorsey’s office in terms of the scope of what he was being retained for and I believe there was an agreement that it wouldn’t be duplicative and as I recall he didn’t file any papers whatsoever. He simply appeared at the hearing which lasted all of two hours.....
Mr. Biondi: Then I am with Mr. Buell, I wouldn’t pay him either.
Mr. Buell: Like I said, I was going to withhold that until...
Mr. Biondi: I wouldn’t pay it.
President Greenbaum: Okay, are there any other items on the Bill List? There are several Sherry, that needs to be answered at the end of the meeting. Did you get them all down? Okay good, that was a yes from Sherry. She is not on the microphone.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
May 9, 2006
Present: Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow, Mr. Tepper, (8:07)
May 23, 2006
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
June 13, 2006
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow
June 13, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner, Mr. Perkins
(recused for MOTPEA discussion)
June 20, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Perkins
Absent: Mr. Rattner
President Greenbaum: Okay, moving right along, we are on to Approval of Minutes from previous meetings. There are five sets of Minutes. Mr. Biondi, do you want to move those Minutes?
Mr. Biondi: Mr. President, I move the Minutes of May 9, 2006, May 23, 2006, June 13, 2006, June 13, 2006 Closed Session and June 20, 2006 Closed Session.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Is there any discussion, deletions, corrections, or comments? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr. Rattner, abstained on June 20, 2006,
Mr. Perkins, recused on June 13, 2006 Closed Session.
LETTERS FROM RESIDENTS/ORGANIZATIONS
1. Letter received June 13, 2006, from Lutheran Social Ministries of New Jersey regarding their Developer’s Agreement, Mount Olive Manor II Senior Housing Project.
RESOLUTIONS/ORDINANCES/CORRESPONDENCE OTHER TOWNS
2. Resolution received June 16, 2006, from Jefferson Township opposing enactment of Senate Bills S1219 and S366 as well as Assembly Bill A2762 which deals with amendments to the Open Public Meetings Act.
3. Resolution received June 16, 2006, from Jefferson Township in support of the Municipal Cap Law.
4. Resolution received June 21, 2006, from Parsippany-Troy Hills Township opposing the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign as Proposed by the Federal Aviation Administration.
5. Resolution received June 22, 2006, from Jefferson Township requesting the State of New Jersey Department of Environmental Protection withdraw the proposed amendment to the Northeast Water Quality Management Plan.
6. Resolution received June 22, 2006, from Jefferson Township petitioning the New Jersey State Legislature to introduce amendments to the New Jersey Senior Tax Freeze Protection Act.
7. Resolution received June 22, 2006, from Jefferson Township regarding cutting State spending and cutting taxes to reduce property taxes in the State Budget for FY 2007.
LEAGUE OF MUNICIPALITIES
8. Letter received June 15, 2006, from the New Jersey State League of Municipalities regarding 9th Annual Elected Officials Hall of Fame.
9. Legislative Bulletin received June 19, 2006, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.
10. Letter received June 12, 2006, from the State of New Jersey Department of Environmental Protection regarding Mount Olive Residential Development, Block 1201, Lot 2 (87-89 Crease Road) Agency Determination: Highlands Act – Exempt, Exemption #2, Water Quality Management.
11. Letter received June 12, 2006, from the State of New Jersey Department of Environmental Protection regarding Letter of interpretation – Presence/Absence Determination, Applicant: Tonie Fry Block 3201; Lot 21 & 22 (168 Route 46, Blue Bird Inn).
12. Application received June 16, 2006, from the State of New Jersey Department of Environmental Protection regarding General Highlands application form for Gen III Builders, Inc.
13. Letter received June 19, 2006, from the State of New Jersey Department of Environmental Protection regarding Highlands Applicability Water Quality Management Plan Consistency Determination Application Form – Notice of Technical Incompleteness Re: Williams Minor Subdivision Block 5002, Lot 10 (Flanders Drakestown Road)
14. Letter received June 20, 2006, from the State of New Jersey Department of Environmental Protection regarding Princeton Alliance Church – Mount Olive Block 7000, Lot 87 (River Road) Agency Determination: Highlands Exempt, Water Quality Management Plan – Consistent.
15. Letter received June 21, 2006, from the State of New Jersey Department of Environmental Protection regarding Deerfield Estates Administrative Order and Notice of Civil Administrative Penalty Assessment Enforcement Action , Block 7000, Lot 64 (20 Shop Lane)
16. Letter received June 23, 2006, from the State of New Jersey Department of Environmental Protection regarding Case Closeout – Peter Bryn, 113 Lozier Road, Block 2801 Lot 23.
17. E-mail received June 12, 2006, from Events by Lieberman & Blecher, P.C. regarding a Seminar on Environmental Law and Condemnation Cases.
18. Minutes of the May 18, 2006, Morris County Planning Board Meeting received June 22, 2006.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
19. E-mail received June 9, 2006, from Congressman Frelinghuysen regarding visiting Iraq and Afghanistan.
20. E-mail received June 16, 2006, from Congressman Frelinghuysen regarding Town Meetings, Resolution on Iraq – Global War on Terror, new funding for Picatinny Arsenal and funding for key northern New Jersey transportation projects.
21. Press Release received June 13, 2006, from Montville Republican Club regarding a meeting on the Highlands Act.
22. Letter received June 23, 2006, from Design Builders, Inc. to the State of New Jersey Department of Environmental Protection requesting a Highlands Applicability Determination for 78 Woodbine Avenue, Block 4400 Lot 21.
23. Fax received June 13, 2006, from Comcast regarding Digital Channel Additions.
24. Letter received June 14, 2006, from Comcast regarding the availability of ESPN2 HD.
25. Fax received June 20, 2006, from Comcast regarding WPIX the Tube.
26. Letter received June 23, 2006, from Comcast regarding WPIX the Tube.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: There are 26 pieces of Correspondence on the Amended Agenda. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on to Ordinances for public hearing. There is one Ordinance on for public hearing this evening, Ordinance #18-2006 entitled:
Ord. # 18-2006 An Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk’s Office.
President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #18-2006? Seeing none, I close it to the public. I would ask Mr. Tepper, to please move Ordinance #18-2006 for approval.
Mr. Tepper: Mr. President, I move Ordinance #18-2006 for adoption and final passage.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Is there any Council comment?
Mr. Perkins: Thank you, Mr. President. Again in looking at this Ordinance, although I do not find fault with the supervisory staff I still feel it is an injustice to give salary increases based merely upon being concurrent with the now or soon to be signed MOTPEA contract. Until we have some sort of goals and objectives and a personnel review of each one of our department heads and supervisors, I will continue to abstain from voting on that matter.
President Greenbaum: Any other comments?
Mrs. Labow: I would like to....maybe not the next workshop or the one after that. I really agree, Mr. Perkins, we really have to review this voluntary situation and start to do more of the merit increase. I feel that supervisory staff actually in some cases should get more than just the percentage that everyone else is getting. So if we could make it on to a workshop at some point and review our procedures and perhaps set a different venue or different course of action in this....
President Greenbaum: I will certainly bring this up with our Township Attorney as to whether or not the Township Council has the right to undertake that task or whether or not it is an Administrative task.
Mr. Buell: Yes, in fact the mechanism/procedure is in place. The policies we passed, these would be the town’s personnel policies and procedures, encompasses a very sophisticated, very effective set of regulations, policies related to the whole issue of performance appraisal of our employees. That is stated, all it has to do is be implemented.
President Greenbaum: I am not sure that the Town Council has the right to implement, what would be a salary item, without it first being brought to us by the Administration. I need to get a clarification from Mr. Dorsey’s office as to whether or not we, in fact, can undertake that exercise?
Mr. Buell: All I am saying is the policy now exists, which is a very well written, very sophisticated and a very good performance appraisal system by which the Administration can make these determinations and should be doing.
President Greenbaum: Okay, is there any further comment? Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr. Perkins abstained
President Greenbaum: Ordinance # 18-2006 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.
ORDINANCES FOR FIRST READING (2nd reading July 25, 2006)
President Greenbaum: The first ordinance is Ordinance #22-2006 entitled:
Ord. #22-2006 An Ordinance to Amend and Supplement Chapter 102, Documents – Fees for Copies of, Article I, General Fees, Section 102-1, Fee Schedule, of the Mount Olive Township Code.
President Greenbaum: Mr. Buell do you want to move that please?
Mr. Buell: Thank you, I move that Ordinance # 22-2006 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. Perkins: Second.
President Greenbaum: Any discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The second Ordinance for first reading is Ordinance #23-2006 entitled:
Ord. #23-2006 Bond Ordinance Providing for Various Capital Improvements of the Township of
Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate
Amount of $1,437,016 Therefore and Authorizing the Issuance of $1,207,537
Bonds of Notes of the Township to Finance Part of the Cost Thereof.
President Greenbaum: Mr. Rattner do you want to move that please?
Mr. Rattner: Thank you Mr. President. I move that Ordinance # 23-2006 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: It has been moved and seconded. Is there any discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The Consent Resolutions Agenda, we already had one Resolution. We are going to start with Resolution #2.
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.
2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of $50,000 in the Reserve for Russ Nagle Field Lighting.
3. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of Silver Spring Farm Inc. Trading as Silver Spring Farm Restaurant License Number 1427-33-018-002 for the 2006-2007 Licensing Period
4. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of Alpha Centauri Trading as the Brew Ha Ha Restaurant and Pub License Number 1427-33-021-006 for the 2006-2007 Licensing Period.
5. Resolution of the Township Council of the Township of Mount Olive Authorizing Application for a Secure Our Schools Grant for Community Oriented Policing Services (Grant #COPS-SOS-2006-1)
6. Resolution of the Township Council of the Township of Mount Olive Releasing Performance Guarantees in Connection with Speicher – Waterloo Valley Properties, Lot 3, Block 400. speicher
7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Domestic Violence Training Grant of $2,000.
8. Resolution of the Township Council of the Township of Mount Olive Relative to the Mount Olive Carnival (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 Rejecting All Bids for the Charters Farm Contaminated Soil Removal and Disposal Services.
10. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2006 Municipal Budget ($23,652 for the Enhanced 911 Grant).
11. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2006 Municipal Budget ($4,000 for the Click It or Ticket Grant).
12. Resolution of the Township Council of the Township of Mount Olive Approving and Authoring A Settlement of the 2005 Tax Appeal Filed by BASF Corporation/MTO Realty Holdings, LLC, Docket Number: 000082-2005.
13. State of New Jersey Department of Environmental Protection Green Acres Enabling Resolution – Planning Incentive Grant.
President Greenbaum: Does anyone want to have any of the Consent Resolutions removed? Seeing none. Mr. Rattner, do you want to move the Consent Resolutions Agenda?
Mr. Rattner: Yes, I move Consent Resolutions #2 - #13.
Mr. Perkins: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on any of the Consent Resolutions? Seeing none.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Any Council comments?
Mr. Buell: Yes, just a couple of questions. On #2, when we moved the $50,000 from reserve to I guess capital, what happens to those monies? They just go into capital and they just sit there I guess. So have we really done anything with these monies? They are available to be spent just for capital.
President Greenbaum: Eventually, it will just go back into surplus.
Mr. Dorsey: It has been taken out from under a very special designation and put them in a capital account.
President Greenbaum: It is no longer dedicated. Any other comments? Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr. Rattner voted no on #2
1. Bill List.
President Greenbaum: Okay, we are up to the Bill List. Mr. Buell, do you want to move the Bill List please?
Mr. Buell: I move the Bill List.
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded.
Mr. Biondi: We need some clarification don’t we?
President Greenbaum: We do, we are not up to roll call yet.
Mrs. Labow: No, you didn’t do roll call on the Consent Agenda.
President Greenbaum: What’s that?
Mr. Rattner: We just did that.
Mrs. Labow: Oh, I am sorry I mean public portion and ask for public comment.
President Greenbaum: Public comment comes before we even move it.
Mrs. Labow: I missed it I am sorry. I got here early tonight.
President Greenbaum: It has been moved and seconded. There were several questions which were raised. Sherry do you want to come up and try to deal with some of those questions and then I had several questions as well.
Mrs. Jenkins: The Animal Control vehicle, if you remember we had $10,000 set up in general capital. We discussed that at the budget hearing, that we needed another $6,800 and we put money in the budget. We actually put it in the appropriation that goes over to the Animal Control Trust to finish that project. So that is why you see the payment in two places on the Bill List.
Mr. Biondi: Question. We pay it twice, we paid $16,800?
Mrs. Jenkins: The total is $16,800 yes.
President Greenbaum: That is correct. It was discussed at length at the budget hearing.
Mr. Biondi: I just want to make sure.
President Greenbaum: Ten thousand had been appropriated but there weren’t sufficient funds actually to finish the project.
Mrs. Jenkins: I just want to say it is not a deception on our part. The Bill List is set up so that it is set up by checking account. Okay, so because part of it is coming from animal control and part of it is coming from capital.
Mr. Biondi: I never thought you would deceive me.
Mrs. Jenkins: No, I just want to make that clear to the public because sometimes people think we are trying to hide something and that is not the case.
President Greenbaum: What is it that you are trying to hide?
Mr. Buell: Can I just make a comment here? Russell, basically what I understand we did, we took an old vehicle, a two or three year old vehicle that we had previously. The Ordinance required us to provide this vehicle with air conditioning for the animals and with a certain cage. The State laws required us to do certain things with this vehicle. Very expensive conversion obviously, to take an old vehicle paint it and put new cages in it and provide air conditioning but unfortunately that was State Law that required us to do that. I know this is going to be a very controversial vehicle but I think the Administration did a bang up job of doing everything they possibly could do to keep this cost to the minimum that we could. The old animal control vehicle conked out basically. It is sitting in the back. It doesn’t run any more. The water was coming through the floor boards of this thing. It did not fit the code and it is just something that I think the town needed to do. As much as we hated to do it, it just had to be done.
President Greenbaum: I don’t think Mr. Russell was necessarily questioning the need for the vehicle as he was questioning the duplicate entries in an accounting interest and wanted a justification which I think Sherry was able to give him. What was the next issue Sherry?
Mrs. Jenkins: The Aqua Pro Tech bill. Now the water system is not my forte but I will tell you why there is a difference. Anybody who is familiar with that, maybe Ray or Rick will understand that. If you look at the bill, we had about $5,100 of expenses related to gross Alfa tests and Radium 228 tests. I don’t know if that is a once a year test or how that works but that is the reason for the larger expenditure on the one bill.
Mr. Biondi: Okay.
Mrs. Labow: Which water were they testing, Sherry, does it say?
Mrs. Jenkins: They are saying it was gross Alfa and Radium 228.
Mrs. Labow: I know but which was it for the.....
Mrs. Jenkins: They go through the different systems on here Colleen.
Mrs. Labow: Okay.
Mrs. Jenkins: So each system got one of these tests... a piece.
Mrs. Labow: I was just wondering if they are still testing the water at the development, Carleton Road...
Mrs. Jenkins: That is in here as well.
Mrs. Labow: Okay, so that is something different. Okay, they are still testing that.
President Greenbaum: Okay, what else do you have? Was that it?
Mrs. Jenkins: I think that was it.
President Greenbaum: I have one other question. It is on page #16, it relates to payment to the Mount Olive Library of $167,635.77. That is their quarterly.... the entirety of their quarterly payment?
Mrs. Jenkins: No. That is a quarter of their appropriation, less $99,430 which is the money we now have confirmed that is due us.
President Greenbaum: Okay, that money is just going to be held correct?
Mrs. Jenkins: Less interest on that money as well, from the time that they got it.
President Greenbaum: Okay, we are going to pay them their quarterly payment minus, until they turn over the funds to us.
Mrs. Jenkins: That was my understanding, yes.
President Greenbaum: Okay, does everyone understand that?
Mr. Biondi: Yes.
President Greenbaum: Is everyone in agreement?
Mr. Tepper: Well, they don’t really have to turn over the funds any more since we now have it.
President Greenbaum: No, they do have to turn over the funds. As an accounting issue, they have to turn over the funds.
Mr. Biondi: Do we have an agreement of what we are going to do with Joseph O’Neill, Esq. and $3,702?
President Greenbaum: I believe there was a motion to remove that from the Bill List pending analysis of his bills.
Mrs. Labow: Is that paid already?
President Greenbaum: Is that already paid Sherry?
Mr. Buell: No.
Mrs. Jenkins: No, it has not been paid.
President Greenbaum: There will be....there was a motion to remove that from the Bill List that was made by Mr. Buell....it was made by Mr. Biondi.
Mr. Biondi: Whatever it doesn’t matter.
President Greenbaum: Seconded by Mr. Rattner.
Mr. Biondi: As long as it gets done.
Mr. Buell: Just for the record, the total cost at this point in time for the De La Roche, Ruggierio, and the whole mess is $9,500 and counting.
Mr. Rattner: We could cage another animal control vehicle.
Mr. Biondi: Unbelievable.
President Greenbaum: Roll Call on the Motion.
Mr. Biondi: Wait a minute, question.
President Greenbaum: This is a motion to remove it from the Bill List.
Mr. Biondi: Oh, I am sorry.
ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum voted no.
President Greenbaum: It is removed from the Bill List for the time being to be put back on for further review if that is appropriate. Was there any other issues related to the Bill List?
Mr. Buell: Just one other, #060990 which is the payment to Gary our auditor, a total of $6,000 to review the School Board Budget. I just would like to make a comment that I think he did a fantastic job at a relatively inexpensive cost.
Mr. Biondi: Absolutely.
President Greenbaum: Okay. So now the Bill List has been amended. We have to get approval from the mover, it was moved by.....I guess because we voted we don’t have to get approval. The Bill List is being moved in its amended form.
ROLL CALL: Passed Unanimously
Library Board Report
President Greenbaum: Mr. Prill, do you have anything for us this evening?
Mr. Prill: I did leave at everybody’s place a summary of the Library Board Meeting as provided by Rita Hilbert. It was a memo.
President Greenbaum: Are you prepared to answer questions beyond the memo, or are you just passing along the memo as it was handed to you?
Mr. Prill: This is just information that was provided by Mrs. Hilbert, so I really wouldn’t be able to address any specific questions regarding any of those issues.
President Greenbaum: I don’t have it in front of me. Was the Mayor present at the Library Board Meeting?
Mr. Prill: I don’t know if he was or not?
President Greenbaum: Does the memo indicate whether or not the Mayor was present?
Mr. Biondi: It doesn’t say.
Mr. Tepper: I guess not?
President Greenbaum: Well, we won’t ask any questions about what is going on at the Library. Actually, I do have a question. Sherry, do you want to come back up? I recall at the beginning of this year that we turned over the payroll to the Library so that they could handle the payroll themselves. Have you....what is your experience in terms of the payroll job that they are doing over there and have you had any problems?
Mrs. Jenkins: Yes, we have had problems with pension remittance. They are withholding pension and they are not calculating it at the right level for their employees. We have to do detailed reconciliations now to get their pension to agree. We wound up having to actually, send her back money because she is not withholding the right amount of money. We sent her back a check at the end of April, has yet to be cashed. So I am surprised that the employees are not making an issue about it. We are also having a problem getting the withholdings. It is delaying our being able to remit our own pension. So, it is an issue.
President Greenbaum: Is this opening up the Township to any liability?
Mrs. Jenkins: Not at this point but that is because we had to send a number of different emails. I mean literally up to the day that we had to remit. Trying to get the money from them and we have tried to get them on their own system per se. The Division of Pension and Benefits said that they are considered part of the Township so we are not able to split them at this point.
President Greenbaum: What is being done to rectify the problem?
Mrs. Jenkins: Ummm....
President Greenbaum: Have you discussed it with Rita?
Mrs. Jenkins: Rita is aware that the pension contributions are late and she is also aware that the pension and contributions are not correct.
President Greenbaum: Has she done anything to rectify the problem?
Mrs. Jenkins: No. There is still a problem. They still are not correct and we are still not getting them on time.
President Greenbaum: Mr. Prill, is there an action plan in place to rectify this problem or can one be put in place so that this doesn’t become a bigger problem?
Mr. Prill: We don’t have a plan in place. I think we need to sit down with Mrs. Hilbert to try to address it as best we can.
President Greenbaum: I would like to resolve it before it becomes a problem from an accounting perspective.
Mr. Tepper: Mr. Greenbaum, if the pension portion of this is a mandate of the Township can we separate that from the balance and insure that it is done properly so the Township will not have a liability?
President Greenbaum: I assume that is a question better answered by the CFO and our Township Auditor. I think that the Administration, in that we have identified a minor problem which can be easily rectified by appropriate accounting methods being employed, the Administration should be able to rectify this. I will keep it on the Agenda and we will raise it. How often do the payments get made?
Mrs. Jenkins: We offered to go over to talk to ADP to get the system right. That has not been acted upon.
President Greenbaum: Okay. I would like to get a report back Mr. Prill as to how this issue is going to get resolved before it becomes a major problem. We will put it on as a tickler. Thank you very much.
Mrs. Labow: Can I ask a question about the Library Board on this?
President Greenbaum: Yes.
Mrs. Labow: Mr. Prill, did you get any further documentation regarding their fixed assets report?
Mr. Prill: I’ve gotten no response back from Rita with regards to that.
President Greenbaum: I’d actually like to bring in Mr. Wilpert to discuss whether or not he believes that it is a problem in the form that we have it. So before we do that we will invite Mr. Wilpert to our next workshop.
Mrs. Labow: There is a deadline though. July 15th they have to have.....
President Greenbaum: When is our next meeting?
Mr. Biondi: July 11th.
President Greenbaum: I will reach out to Mr. Wilpert by way of correspondence asking him to identify any deficiencies that may be evident in the way that the Library went about identifying their assets for insurance purposes and whether or not he believes that ultimately it will be....it could be potentially a problem? I will have Lisa send that letter tomorrow. Maybe I will make her come in over the 4th of July to send that letter out specially.
Mrs. Labow: You got the copy of the assets report, right?
Mr. Greenbaum: I did, I got it.
Mr. Buell: I am sure that letter will be sent out long before she goes on vacation.
Mr. Greenbaum: I saw it. I thought it was thin, very thin. Three lines......
Status of Library Grant Monies to be Turned Over to Twp.
President Greenbaum: We already dealt with this.
Status of Kings Village Issues
Mr. Buell: Still have not heard from them.
President Greenbaum: Do you want to reach out to them again?
Mr. Buell: I will again, yes.
President Greenbaum: If you would like, I could have Lisa send a letter just indicating that we still have it on our Agenda and we look forward to a....
Mr. Buell: I think that might help.
President Greenbaum: Okay. I will have Lisa send that out. Since she is going to be in on the 4th of July anyway, we might as well keep her busy.
Status of Charters Farm
Mr. Prill: Included on the Consent Resolutions Agenda this evening was the Resolution to reject the two bids that we did receive. We are now in a position to contact any interested companies and start discussions with them and see if we can negotiate a price that is significantly lower then the bids received. So we will proceed with that.
President Greenbaum: What is the timeframe?
Mr. Prill: About as quickly as we can find a company that maybe interested that is qualified and get a price from them and enter into an agreement.
President Greenbaum: What are we talking about 30 days, 60 days?
Mr. Prill: I would hope that within 30 days we should be pretty far along with that, if not completed.
President Greenbaum: I will put it back on the Agenda then again in 30 days.
DPW Project Update
Mr. Prill: I had a discussion today with Mr. Dunn from Soil Conservation. He indicated that they have a meeting scheduled for tomorrow at which time the permit will be issued or approved the stop work order lifted. So we should have that in place Thursday weather permitting. Then we will get the contractor back in here and start it up again.
President Greenbaum: Okay, we will put that back on the Agenda for next week, for the week following the 4th of July.
Status of Electrical Contract
Mr. Prill: Is that the electrical services contract?
President Greenbaum: Yes. That was the issue that was raised, I believe by, Mr. Rattner with respect to a number of different items not being completed and whether or not you were going to look to see if we could do something with the existing contract that we currently have.
Mr. Prill: We have revised the specifications. We anticipate advertising those probably in about a week and receiving bids a couple of weeks thereafter. We will be coming back to Council hopefully with a bid award within 30 days.
President Greenbaum: I seem to recall some discussion with respect to one potential bidder who the Township has had problems with in the past and whether or not efforts were going to be made to insure that that bidder was not a qualified bidder in the future. Have any steps been taken along those lines?
Mr. Prill: I believe that the revisions to the specifications addressed the issues to the problems that have been encountered with that particular vendor in the past. So we should be able to avoid that in the future.
Status of Permits for Municipal Beach Project - removed
President Greenbaum: The next issue, I am removing from Old Business for this evening. Are there any other Old Business items? Seeing none, we are going to move onto New Business. Anyone have any New Business this evening?
Mr. Dorsey: None other than the Council has received tonight, or will receive, a rather long letter in connection with the redevelopment of the Combe Fill North Site.
Recreation Liaison Report
Mr. Biondi: There was no meeting.
Board of Health Report
Mrs. Labow: We had our meeting and everything went well and nothing new to report.
Planning Board Report
Mr. Tepper: There was no meeting this week.
Board of Adjustment Liaison Report
Mr. Perkins: Yes, Mr. President. The meeting, basically, was uneventful with all items being approved except for one withdrawal.
Open Space Committee Report - skipped
Legislative Committee Report
Mr. Biondi: There was no meeting.
Pride Committee Liaison Report
Mr. Perkins: The Pride Committee is just getting ready now for Mount Olive Week and the Community Day. We are going to be selling some water and we are trying to get some volunteers. That’s it.
Board of Education Liaison Report
Mr. Buell: Yes, they met last night. They are on schedule to have the 21 classrooms, the 10 science rooms and the entire building except for the auditorium open and renovated and complete by September the 15th or September the 20th which is good news. They had a report, and I will provide this to Lisa and put it in to the Council Chambers, a demographic study which should be of interest to all of us. Basically, what it shows is that they are anticipating 600 more kids within the next five years not counting the potential from the Morris Chase subdivision build out. As I said it is interesting information. It is pretty consistent with what their demographer has been saying all along. The third thing of note, last night, they are beginning to look at refinancing the $32 million school construction funds. Like we had last year, the market had dipped there for a period of time. It looked like that would have been a financially good thing for them to do to refinance those bonds. Unfortunately, the market has gone back up but they are now looking at the potential and hoping for a slight dip in the interest rate market and it looks like they’ve got significant potential savings that they could have in that account. Basically, that’s it.
Lake/Environment Issues Committee
Mr. Rattner: Nothing to report.
Safety Committee Liaison
Mr. Perkins: No meeting.
Finance Committee Report
Mr. Rattner: We met this month and that was just to go over the capital budget which we voted on tonight, introduced.
Economic Committee Report
Mr. Rattner: Nothing to report.
Solid Waste Advisory Committee Report
Mr. Tepper: Nothing to report.
President Greenbaum: At this point, I will open it up to the public to anyone who wishes to be heard on any particular issue? Seeing none, I will close it to the public.
President Greenbaum: Any final comments Mr. Prill?
Mr. Prill: Nothing further.
Mr. Tepper: I would like some clarification from the Administration regarding the letter from Morris County Soil Conservation deeming that that is now a major revision and would constitute a new submission. What’s the impact on that, on the Town, in terms of starting work back up or what we have to do in order to move forward?
Mr. Rattner: Mr. Prill just said that we are going to get the permit tomorrow.
Mr. Tepper: I am wondering then why a new submission. We were approved already?
Mr. Prill: I believe that that letter was in reference to some earlier revisions that had been requested by Soil Conservation which had been already addressed by Suburban Consulting and accepted by Soil Conservation.
Mr. Tepper: Thank you. No other comments.
Mr. Buell: None.
Mr. Biondi: Just one item. I heard from Lisa about the vandalism at Turkey Brook Park and I was wondering whether or not if the Chief had any information via that particular incident?
President Greenbaum: He has indicated he does not. He shook his head that he doesn’t have anything to report. Anything else?
Mr. Biondi: That’s it.
Mrs. Labow: I just wanted to say really quickly this past weekend was the Ham Radio Operators Field Day. They have it the 4th weekend of every June. Again, my son and I were invited to go over and make contact with various countries and other ham radio operators throughout the world actually. Last year the Mount Olive team came in first place for their division with 550 contacts. I haven’t heard back from them yet about how many contacts they have made. There was a little bit of, I guess something about where the sun was and the outer stratosphere was interfering but again it was a very delightful event. Mr. Perkins was going to go but he changed his mind, no, just kidding.
Mr. Perkins: Thank you Mr. President. I just wanted to congratulate the Budd Lake Fire Department on their 75th. I know they had the festivities this past weekend and unfortunately, I could not attend. I am assuming that most of the Council or at least some of the Council was there to represent us.
Mr. Biondi: Yes we were.
Mr. Perkins: Well, since my son graduated from high school and we had his party that took precedence. Family comes first.
Mr. Biondi: Absolutely.
President Greenbaum: Thanks for the invite.
Mrs. Labow: Yeah, thanks for the invite.
Mr. Perkins: It was a family party.
Mrs. Labow: We’re not family?
Mr. Rattner: I just wanted to say the beach really looks great. Even though there are some things that have to be finished but the shape that it is in with the new parking lot, with the sand and maybe if the sun ever comes out? Maybe some of our residents will actually enjoy it but it really does look great.
Mr. Labow: Can we pass a resolution for sunshine?
Mr. Rattner: We tried that once with Charlene Kelly when she wanted a resolution to make the grass grow. It didn’t work.
President Greenbaum: I have several comments. It will be brief. On Wednesday I was fortunate enough to attend the Mount Olive Middle School graduation ceremony and on Friday I was at the Mount Olive High School graduation ceremony and I have to tell you, despite the extremely hot temperatures for both graduations, both of which were held indoors. Obviously the Middle School is air conditioned but it was still very hot based upon the number of people that were in the gym. The school really handled it very well and it was an excellent ceremony and I think congratulations are in order not only to the school system but obviously to the graduates of both the High School and the Middle School. I also wanted to congratulate the Budd Lake Fire Department on their 75th Anniversary. With that, I will take a motion to adjourn.
Motion was made and seconded. All in favor and none opposed, the meeting was adjourned at 8:17 pm.
Robert J. Greenbaum
I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the
foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of
the Mount Olive Township Council duly held on July 25, 2006.
______________________ Lisa M. Lashway Township Clerk