Mt. Olive Township Council Minutes
June 28 , 2005

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.

MOMENT OF REFLECTION for all those who are and continue to protect our freedoms.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr.Guenther,
Mr. Rattner, Mr. Perkins, Mr. Greenbaum
Absent: None

ALSO PRESENT: Mayor De La Roche; Bob Casey, Interim Business Administrator; Sherry Jenkins, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk.

Questions on the Bill List?

President Greenbaum: Does anybody have any question that they would like to ask of the Administration, so that the answers can be gotten during the course of the meeting?
Seeing none, I am sorry did you have something?

Mrs. Labow: Just wondering if that was proper English?

President Greenbaum: Probably not, but thank you for pointing that out Colleen.

Mrs. Labow: You’re very welcome. I’m sure you’ll get back at me later.

President Greenbaum: I will be sure to do the same... Mr. Buell?

Mr. Buell: Yes, I would like to reserve some time at the point and time we discussed the bill list to discuss the expenses for the Budd Lake Fire Department. It’s check number 051370.

President Greenbaum: Okay, your request to reserve time has been granted.

Mr. Buell: Okay.

President Greenbaum: It’s unusual but what the hell we will do it.

Mr. Ratter: But the English was correct.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

June 14, 2005 Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner, Mr. Greenbaum
Absent: Mr. Perkins

June 14, 2005 CS Present: Mr. Greenbaum, Mr. Rattner, Mr. Guenther, Mr. Mund, Mrs. Labow, Mr. Buell
Absent: Mr. Perkins

President Greenbaum: Approval of Minutes from prior meetings. Mr. Buell can you please move both of those Minutes?

Mr. Buell: I move the June 14th regular meeting and June 14th closed session meeting.

President Greenbaum: Is there a second?

Mrs. Labow: Second

President Greenbaum: Are there any comments, questions or concerns regarding either of those sets of Minutes? Seeing none, Roll Call.

ROLL CALL: Aye: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner, Mr. Greenbaum
Abstained: Mr. Perkins

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received June 13, 2005, from Judith Hirky regarding Mount Olive Township Library.

2. Letter received June 15, 2005, from Carol and Kenneth Jenkins regarding Purchase of Lot 7, Block 2507.

3. Letter received June 17, 2005, from St. Elizabeth Ann Seton requesting no parking be permitted from 12 noon September 15, through 12am on September 18th on various streets in Flanders.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

4. Notice of Pending Ordinance received June 13, 2005, from Township of Chester regarding Land Use.

5. Resolution received June 15, 2005, from Morris County Board of Chosen Freeholders regarding legislation to be enacted to impose limits on the Annual New Jersey State Budget to include spending limitations comparable to those required of Municipalities, Counties, authorities and School Districts.

6. Resolution received June 17, 2005, from Borough of Rockaway regarding legislation to be enacted to impose limits on the Annual New Jersey State Budget to include spending limitations comparable to those required of Municipalities, Counties, authorities and School Districts.

7. Letter received June 17, 2005, from Borough of Roselle Park regarding Rally for Property Tax Reform (Monday, June 20, 2005).

8. Resolution received June 21, 2005, from Rockaway Township requesting the Morris County Board of Chosen Freeholders Return Surplus Funds to Local Municipalities.

9. Resolution received June 21, from Borough of Lincoln Park regarding Passage of “Christopher’s Law.”

10. Resolution received June 23, 2005, from Town of Morristown regarding “Christopher’s Law.”

DOT / DEP / LOI

11. Letter received June 20, 2005, from State of New Jersey, Department of Environmental Protection regarding Application Acknowledgement, Treatment Works Approval Waterloo Valley Properties, Mount Olive Twp.

12. Letter received June 20, 2005, from State of New Jersey, Department of Environmental Protection regarding Tier A Municipal Stormwater General Permit Draft modification – Municipal Stormwater Regulation Program.

13. Letter received June 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Givaudan Phase I Expansion/Block 402, Lots 2 and 5 (Waterloo Valley Road).

14. Letter received June 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Authorization for Freshwater Wetlands Permit Applicant: Claudio and Doris Fiornascente (1 Abbott Street, Budd Lake).

LEAGUE OF MUNICIPALITIES

15. Letter received June 13, 2005, from New Jersey State League of Municipalities regarding 8th Annual Elected Officials Conference.

16. Legislative Bulletin received June 15, 2005, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Law.

17. Publication order form received June 15, 2005, from New Jersey State League of Municipalities.

18. Notice received June 15, 2005, from New Jersey State League of Municipalities regarding Nomination information for the Michael A. Pane Memorial Award.

19. E-mail received June 24, 2005, from New Jersey State League of Municipalities regarding A-4126 Changes Calculation of Final Compensation.

MISCELLANEOUS

20. Conference information received June 22, 2005, from National League of Cities Institute regarding 82nd Annual League of Cities Congress of Cities and Exposition.

21. Local Finance Notice received June 22, 2005, from Department of Community Affairs regarding adjustment of Public bidding threshold.

22. E-mail received June 23, 2005, from the Morris County Chamber of Commerce regarding New Committee Participation Opportunity.

UTILITIES

23. Fax received June 21, 2005, from Comcast regarding Showtime Free Preview.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

24. Letter received Assemblyman Guy Gregg regarding proposed rezoning in Flanders – Marveland Farms.

TORT

25. Letter received June 13, 2005, from Jacqueline Pivawer regarding Bryan Cullen, Date of Accident: May 11, 2005.

26. Letter memorandum received June 16, 2005, from Anthony Wahl regarding Glasson v. Gonzalez, Gonzalez v. CEI Land, Inc.

COAH

27. Newsletter received June 13, 2005, from Council on Affordable Housing regarding COAH Workshops, Building permit Data Now Available on-line, Speaking Engagements, New COAH Publications that are now available, and training.

President Greenbaum: Next item for discussion are letters from residents, organizations, DOT, League of Municipalities, miscellaneous. There are twenty-seven pieces of a correspondence does anyone have any comments on any particular piece of correspondence? Seeing none, we will move on. Did you have something? Colleen?

Mr. Rattner: You’ve got to be quick.

Mrs. Labow: I am sorry I wasn’t quick enough.

Mr. Rattner: You’re asleep at the switch again.

 

Mrs. Labow: I was asleep at the switch. Actually, it was a letter that we received from the State of New Jersey, about the Tier A Municipal Stormwater General Permit Draft Modification and the Municipal Stormwater Regulation Program. I sent an E-mail to Mr. Casey and copied everybody. I was wondering if Mr. Casey was able to…

Mr. Casey: Your email was concerning the DPW center?

Mrs. Labow: Right.

Mr. Casey: You may have recalled that we made a presentation. The washing facilities that we are proposing are self contained, which means that they would meet the requirements that DEP has. However, my email also indicated that it is interesting that DEP extended that deadline. DEP has suddenly discovered that their State Agency’s themselves got to meet those regulations. They are back peddling rather quickly. DOT basically told DEP, long walk, short pier, because of the fact that no one can meet those regulations. However what we are proposing is a self contained facility that the water from which would be filtered and we would discharge our storm water system so it does meet their requirements.

Mrs. Labow: We won’t have to get any permits?

Robert Casey: No, at this point, at this point, unless they change the regulations my understanding is that the water that we are discharging from the filter system does not require a permit, at this point.

Mrs. Labow: At this point, I hear you; that could change but okay, that is all I wanted to know thank you.

Robert Greenbaum: Thank you. Any other comments or questions on any particular piece of correspondence? Seeing none, we will move on.

ORDINANCES FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING – (2nd reading July 26, 2005)

President Greenbaum: Ordinance for First Reading, Ordinance # 22-2005, entitled:

Ord. #22-2005 An Ordinance of the Township of Mount Olive Authorizing a Lease Agreement Between the Township of Mount Olive and the Mount Olive Child Care and Learning Center, Inc.

President Greenbaum: Mrs. Labow, can you please move that ordinance?

Mrs. Labow: I move that Ordinance #22-2005 be introduced by title and passed on first reading and that a meeting be held on Tuesday, July 26, 2005, at 7:30 pm in the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, New Jersey, for a public hearing, consideration of second reading, and passage of said ordinance and the Clerk be directed to publish, post, and make available said ordinance in accordance with the requirements of law.

President Greenbaum: It’s been moved and seconded. Is there any discussion? Mr. Rattner I assume your stepping down on this issue?

Mr. Rattner: Yes, I will not vote on this. As I said before, I am in my capacity as the Trustee of the Mt. Olive Child Care Center which is a public charity.

Mr. Perkins: You’re not to be trusted.

President Greenbaum: Is there any comment or question with regard to this particular Ordinance? Colleen, you had something?

Mrs. Labow: Just congratulations and can’t wait for it to be final passage.

Mr. Mund: Don’t say that yet!

Mrs. Labow: I know.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner abstained

President Greenbaum: The next Ordinance for discussion is Ordinance #24-2005, entitled:

Ord. #24-2005 An Ordinance to Amend and Supplement Chapter 176 Entitled “Parks” of the Code of the Township of Mount Olive.

Mr. Mund: I move that Ordinance #24-2005 be introduced by title and passed on first reading and that a meeting to be held on the 26th of July, 2005, at 7:30 at the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, New Jersey, for a public hearing, consideration of second reading and passage of said ordinance, and the Clerk be directed to publish, post, and make available said Ordinance in accordance with the requirements of law.

Mrs. Labow: Second

Robert Greenbaum: It’s been moved and seconded. Are there any comments or discussions with regard to Ordinance # 24-2005 at this time? Seeing none, 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 to Cancel Taxes on Block 8800, Lot 36.24 Block 8800, Lot 36.45 and Block 8802, Lot 9.

2. Resolution of the Township Council of the Township of Mount Olive Prohibiting Parking on Certain Streets from 12:00 Noon on September 15, 2005 Through 12:00 AM on September 18, 2005. (St. Elizabeth’s Carnival)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2005-2006 Licensing Period.

4. Resolution of the Township Council of the Township of Mount Olive Closing Sunset Drive from its Intersection at Flanders Road to its Intersection at Carson Road Between July 18, 2005 and August 26, 2005. (DOT grant project)

5. Resolution of the Township Council of the Township of Mount Olive Authorizing an Appraisal by John McChesney of Swift Appraisal for Block 5201 Lot 10, Block 5202 Lot 11 AND Block 5300 Lot 8.01. (Silver Springs Farm)

6. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of John (Jack) Marchione as Municipal Tax Assessor.

Consent Resolutions Agenda:

President Greenbaum: Resolutions under the consent agenda are to be considered routine and non controversial by the Township Council and will be approved by one motion. I have already requested that the Clerk remove Consent Resolution number three to be place on the Non Consent Resolutions Agenda. Mr. Guenther, do you have another?

Mr. Guenther: Number four.

President Greenbaum: Number four, anyone else?

Mr. Buell: Number six.

President Greenbaum: Okay, anyone else?

Mrs. Labow: I was going to say six as well.

President Greenbaum: Ok, so three, four and six are going to be moved to the non consent agenda. Can I have a motion to move the remaining?

Mrs. Labow: I move to …. Oh, you’re going to move? I’m sorry.

Mr. Guenther: I move for the passage of Consent Resolutions one, two and five.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard, on Consent Resolutions one, two or five?

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Are there any comments with regard to one, two and five? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

7. Resolution of the Township Council of the Township of Mount Olive Urging the Passage of “Christopher’s Law”A-3526 and 2144.

President Greenbaum: Mr. Guenther I would ask that you would move to non consent resolution number three with an amendment. As currently stated the resolution includes, which is the one that we need to take out?

Mrs. Lashway: VAG Corp.

President Greenbaum: VAG Corp., which is Franks Pizza in Flanders. There’s a procedural aspect which needs to be complied with prior to our actually renewing that license. It will come up at the July 12th meeting.

Mrs. Lashway: There is a temporary permit that will be issued by the ABC so he can operate until July 12th. And then we will renew it at that time.

Mr. Guenther: So that’s the amendment?

President Greenbaum: That is the amendment.

Mrs. Lashway: Remove VAG Corp. from the list.

Mr. Guenther: So remove it from the list? Ok, I hereby move Resolution number three for renewal of alcoholic beverage licenses, all except for Frank’s Pizza which is involved in the procedural hearing which will take place on July 12th .

Mr. Perkins: Second.

President Greenbaum: Moved and Second, Is there any other discussion?
Is there anyone from the public who wishes to be heard on this? Roll Call.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

ROLL CALL: Passed Unanimously

President Greenbaum: Okay, who removed number four? Was that you Mr. Buell?

Mr. Buell: No…..Uh

Mr. Guenther: I removed it.

President Greenbaum: Oh, Mr. Guenther could you please move resolution number four? You do not want to move it?

Mr. Guenther: Well, no, I’ll move it. I hereby move resolution number four regarding the closing of Sunset Drive from July 18th through August 26th.

Mr. Rattner: Second

President Greenbaum: It has been moved and seconded is there anyone from the public who wishes to be heard on this resolution? Seeing none, I close it to the public. Mr. Guenther?

Mr. Guenther: Yes, I would just like to review what is exactly being done because I know that the sidewalks were taken off the table. What is the work that is really being done and I don’t understand why it takes five or six weeks to close down the road to do whatever work there is, if the sidewalks are not going in.

Mr. Casey: The main work being done is curbs, some storm drainage upgrades, and removal of the road for re-profiles and it won’t be closed out for the whole period.

Mr. Guenther: Okay.

Mr. Casey: I mean it gives Gene the authority to close it down as needed during the construction sequence.

Mr. Guenther: Okay, so it is curbing and storm water?

Mr. Casey: Some drainage work, curbing and re-profiling, removing, grinding out, re-establishing the proper profile across the road, etc. When that’s done is when they have to close it down, because at that point they’ll be physically removing it.

Mr. Guenther: So the profiling is for what, for better drainage?

Mr. Casey: Yes, right so it stops ponding in the middle of the road and rolls off to the side and ……

Mr. Guenther: To the drain?

Mr. Casey: If you remember some people said it was stopping in front of there properties, etc.? Well, that will all be taken care of by the regrading.

Mr. Guenther: Ok, thank you, Bob.

President Greenbaum: Mrs. Labow.

Mrs. Labow: I have a question also, Mr. Casey. What about the speed tables? Will they be put into place?

Mr. Casey: Speed tables are not in there, and before they go forward or not Mr. Dorsey and I are going to have some interesting discussions as to the legalities of speed tables.

Mrs. Labow: Oh, really?

Mr. Guenther: And what might those discussions be?

Mr. Casey: Well, the question is, you have installed, and you have allowed to be installed at the various location speed tables without any formal authorization. The issue is from a liability stand point that if you’re going to move that I think that as a minimum it needs to be done by Ordinance; you need a separate table within your traffic code indicating those locations that you’re installing those obstructions in the right of way. They need to be approved by an engineer and be signed off by an engineer in order to establish the fact that, in fact, they are not a hazard to cars going down at the proper speed limit. Remember if the road is twenty-five miles per hour and the car is going twenty-five and the end up speed table has been improperly constructed resulting in and accident, you have created a hazard within the right of way. That’s my concern.

President Greenbaum: You can take those things at seventy, I know.

Mr. Casey: Well, maybe in your vehicle but some of the other ones may have a hard time. I think that needs to be and John and I have had a few discussions on it. I think there needs to be formal process through which you specifically authorize and approve it, and that, in fact, certifications are done similar to any traffic control that you put on a street has to be signed off by an engineer, from a liability standpoint and I think that is what you need to do, and John’s got to work on that somewhat.

President Greenbaum: Okay.

Mrs. Labow: I agree with Mr. Casey, one hundred percent and I thank him for bringing that to our attention.

Mr. Casey: Thank you.

Mrs. Labow: I am serious, that is a really good point.

President Greenbaum: Are we done with the discussion on the Sunset Drive improvement?

Mr. Guenther: I guess?

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution number six, Mr. Buell.

Mr. Buell: I move resolution number six.

Mr. Mund: Second

President Greenbaum: Anyone from the public who wishes to be heard on resolution number six? Seeing none, I close it to the public, Mr. Buell.

Mr. Buell: Just wanted to have the opportunity to officially say I think Jack does a great job, and I am very happy to approve this.

Mr. Mund: Hear, hear.

President Greenbaum: Mrs. Labow.

Mrs. Labow: I also agree and I’m glad Mr. Muell….. Mr. Buell had removed that, so that we could speak about it separately, I don’t like it when things that are this important are just clomped in all together because I believe special thanks and recognition should be given. I do thank Mr. Marchione for doing and excellent job. I thank administration for recognizing that and I congratulate him on his now tenured position.

President Greenbaum: Did you call him Mr. Muell?

Mrs. Labow: Oh Yeah!

President Greenbaum: I am not sure the word clomped is in the dictionary? Touché’

Mrs. Labow: I knew he would get me sooner or later.

President Greenbaum: Anyone else who wishes to speak on this issue?

Mr. Perkins: Thank you, Mr. President. I would respectfully remind my fellow Council members here that clarifying, brief clarifying, statements are always permitted, even when it is under consent resolution so they don’t necessarily need to be moved to non consent in order for you to make a nice comment about it. Thank you.

President Greenbaum: Thank you, you also wanted to wish Jack the best of luck I’m sure?

Mr. Perkins: He already knows that.

President Greenbaum: Any one else? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Mrs. Labow, could you move resolution number seven urging the passage of Christopher’s Law?

Mrs. Labow: Yes I can but if I may ask one quick thing, I think the Mayor had something he wanted to say? I don’t think you saw him or heard him?

President Greenbaum: Oh, this was on which issue Mayor?

Mrs. Labow: Jack Marchione.

President Greenbaum: On Jack Marchione you wanted to say something?

Mayor: No, I just wanted to thank the council for recognizing the administration for the appointment and thank you for the words, good words of cheer.

Mrs. Labow: Next, I move….

President Greenbaum: Okay, Colleen did you want to move non consent resolution number seven please.

Mrs. Labow: Yes, I would like to move for non consent resolution number seven.

Mr. Mund: Second.

President Greenbaum: Is there a second? It has been moved and seconded. I thought that was Mr. Mund that seconded it?

Mr. Mund: Yes it was.

President Greenbaum: Is there anyone from the public who wishes to be heard on non consent resolution number seven? Seeing none, I close it to the public, Mrs. Labow?

Mrs. Labow: I just wanted it separate, because I just thought it was a really an important thing and it was quite an eye opener if anybody read through this to see that just because somebody was just an unlicensed driver and struck and killed someone that they did not adhere to the same laws and so on and so forth. If he would have been licensed…I thought it was absolutely absurd and I think that hopefully everyone will vote yes for this and I thank the support from the Council on this resolution.

President Greenbaum: Mr. Rattner?

Mr. Rattner: Yes, I believe that was an oversight, but there was, in the law last year, when there was a revision, I believe one House if not both Houses have already passed it. I believe one House has already passed it unanimously. So I think they realize the error of their ways.

Mrs. Labow: Yes.

Mr. Mund: It is a shame that it takes and accident to make people realize they made a mistake.

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

1. Approval of Raffle Application #2088 for St. Elizabeth Ann Seton Parish.

President Greenbaum: Yes, Motions, Mr. Rattner could you please move the Raffle Applications?

Mr. Rattner: Yes, I move for approval of Raffle Application #2088 for St. Elizabeth Ann Seton Parish.

Mr. Mund: Second

President Greenbaum: Moved and seconded. Is there any discussion on the motion? Roll Call.

ROLL CALL: Passed Unanimously

2. Appointments to Morris/Sussex Bridge Replacement Stakeholders Committee
• Member of Council – Ray Perkins
• Member of Planning Board – John Mania
• Individual representing Police & Fire – Officer Scott Van Ness
• Representative of the business community in the vicinity of the Project - ______________
• Representative of Residents who do not live near but do use the bridge - ______________
• Environmental Commission Representative – ______________

President Greenbaum: The next item on appointments, The Morris Sussex Bridge Stakeholders Committee. There are three spots that are open: a representative of the business community in the vicinity of the project; a representative of residents that do not live near but do use the bridge; and an environmental commission representative. Do we have a nominee?

Mrs. Lashway: Kay Serebrakian

President Greenbaum: Does any one have an individual they would like to nominate for either of the two other positions?

Mrs. Labow: I have discussed with Lisa and Michelle trying to figure out exactly where is this bridge?

President Greenbaum: Right, so we don’t have anybody at this time?

Mr. Guenther: No it’s the one over by…

Mrs. Labow: By Love Lane? Off of Love Lane?

Mr. Guenther: No.

Mrs. Labow: Down that way, No?

Mr. Guenther: No, where is Love Lane?

Mrs. Labow: Down where…by the cemetery where the temporary soccer fields were?

Mr. Guenther: Which soccer fields? Oh yeah?

Mrs. Labow: Yes, I know, that’s exactly right.

President Greenbaum: Ok, well let’s move forward with the people that we have and if we find others we can amend it at that point.

Mr. Guenther: I would like to recommend that; it says here a member of the business community in the vicinity of the project, if we could contact the Mt. Olive Chamber of Commerce to ask for their recommendation of somebody?

President Greenbaum: Alright, I’ll have Lisa send the appropriate letter. Leaving that aside we have Mr. Perkins as a member of Council, Mr. Mania as a member of the Planning Board, Scott Van Ness as member representing the Police and Fire and Kay Serebrakian as Environmental Commission representative. Mr. Buell, could you please move those individuals?

Mr. Buell: I move the individuals Ray Perkins, John Mania, Scott Van Ness and Kay Serebrakian.

Mr. Mund: Second

President Greenbaum: Discussion? Roll Call

ROLL CALL: Passed Unanimously

President Greenbaum: At this point Mr. Mund could you please move the bill list?

3. Bill List

Mr. Mund: Motion to approve the Bill List.

President Greenbaum: Is there a second?

Mr. Rattner: Second

President Greenbaum: Mr. Muell, Buell, you had reserved some time, do you want to do it before or after the Bill List.

Mr. Buell: Why don’t we do it at this point in time?

President Greenbaum: Okay, the floor is yours.

Mr. Buell: It’s only a technical issue on the Bill List. It appears the information that we don’t have to pay for government taxes for the telephonic communications gear. There still are taxes on those Bills from the Budd Lake Rescue Squad or Fire Department. My question is a broader one though. What is it we are responsible for? These are operational expenses. What is it we are responsible for paying?

President Greenbaum: As a matter of law?

Mr. Buell: No, as a matter of policy I would think? I don’t think as a matter of law we are required to do anything. What is it that matters, is a matter of policy. This is not the contribution, this is the operating expenses.

Mr. Rattner: I think Mr. Casey, because he is the one that set it up this way, when he found the way that we were reimbursing them, for the contribution or paying them for the contribution was in violation of the statute, he set up this process because he said it met muster.

President Greenbaum: Mr. Casey?

Mr. Casey: We’ll let Sherry explain what we did four years ago. Do you remember?

Ms. Jenkins: Actually, the first year that I got here this was a recommendation in the Audit Report, so I sat down with Gary Higgins, actually Bob was still here at the time, to formulate a policy for how we were going to handle the payments to them. They get a direct contribution. As you know it’s detailed in the budget. They also get anything that’s over the direct contribution made by Statute. We actually reimburse Mrs. Jenkins (cont’d): them for expenses. We followed up the same process at least in the five years that I have been here. As long as they submit back up for what they were requesting and the expenses appear reasonable, then we reimburse them for those expenses.

Mr. Rattner: I think, in simple terms, that we come up with a contribution which equates almost, about a hundred thousand dollars a year. The State Statute says that we cannot reimburse them on a contribution as much, somewhere around thirty five thousand. That is what it was at the time. To give them money in excess to hit there contribution, they have to actually provide backup of money they’ve spent but it just goes up to the contribution. We evaluate their budget request at budget time, looking over their budget at that time. So this is just a way to give them the money that we’ve already said that we felt that we need to operate.

Ms. Jenkins: They get a direct contribution that they don’t have to provide back up to us for that’s allowed by Statute and anything over that dollar amount, they have to give us backup as we reimburse them.

Mrs. Labow: To a certain amount?

Ms. Jenkins: Well, up to the amount that’s in the budget Colleen, yes.

Mr. Casey: I think Steve hit right on the key to this, is that Council looks at their budget and says were going to provide X dollars for you and do that, as a State law we have to divide that into two pots. This one pot is a reimbursement pot. Now, I will tell you that some towns do put restrictions on the reimbursement amounts. Sometimes they try to restrict it to equipment and other things like that. You have been more flexible, giving discretion to both Fire Departments as how you wish to offset their expenses. So it’s really discretionary to you at this point because this is money beyond what the Statute permits so you can just establish your own rules. The only thing that we did put in place was the fact that it had to be a reimbursement rate rather than just a direct check. You used to give it just a direct check. You can’t do that.

Mr. Buell: Can I recommend that we ask the finance budget and audit committee to look at all the expenses from the two fires and two rescue squads to review them and come back to this Council with a recommendation? I know going through this and I don’t know how many of the Council went through the actual invoices attached, there were credit cards with no explanation? Payments. There was a trip to Nassau County including bridge tolls and mileage. There was a Sam’s Club bill for, among other things, about ten or twelve pounds of bacon on this expense. I think it’s time we look at this as well as the Flanders Fire Department and the two Rescue Squads in terms of, whether or not these are legitimate expenses?

President Greenbaum: Mr. Rattner?

Mr. Rattner: We’ll put it on and review it because it has been requested, but I think the bottom line again is, each department comes in front of us each year so this is our operating budget this what we spend money on, this is what we need a contribution for. We come up with that number based on that and say this is what you’re going to spend it on. It is providing those expenses based on the State Statute saying they have to be reimbursable items instead of just giving them the contribution. I don’t think we want to get into micro managing their budget. If we feel from looking at it that they don’t need the money, at the time is when we set the contribution. Again, I think what Sherry and Bob set up four or five years ago, was just the way to get them the contribution that Council has decided on in a lawful way but we will put it on after we finish these budget items in the reports. That would be, I think that’s the third thing on our list but I’ll put it on the list.

President Greenbaum: Thank you. Any other questions or comments on the Bill list? Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Administrative matters, Mr. Casey.

Mr. Casey: None.

OLD BUSINESS

• Handicapped Parking @ Library

Mr. Greenbaum: Where are we at, Mrs. Labow? Do you know?

Mrs. Labow: No, we have a Library Board meeting next week. Two weeks, a week from Wednesday.

President Greenbaum: Mr. Casey do you have any update on the handicapped parking situation at the library?

Mr. Casey: Nothing other than what has been said two weeks ago by the Library Vice President.

President Greenbaum: I saw that Rita had a letter in the paper, Okay.

Mrs. Labow: I was not happy about that letter but save it for another time.

NEW BUSINESS

President Greenbaum: I understand the Board of Education discussed the … we will do this under New Business because it came up at the Board of Education meeting, the Flanders School issue, and where are at with that. Mr. Dorsey?

Mr. Dorsey: Well, Mr. Buell got my attention at about twenty-five minutes to nine this morning because he called, and he was somewhat confused but advised that Board of Education has taken my name in vein. So as rare as that is in my life, he got my attention immediately and had to call Fred who was traveling to Florida. This is the situation, and I mean it seems to me that the Mayor dealt with the issue of the diversion permit nine months ago. The Township Council has adopted an ordinance and a resolution dealing with this issue, but there is this lot, Lot 9 Block 5401, owned by the Board of Education at the moment. They are turning over to us or are going to deed to us three and half acres which represent the current ballfields that are on there as well as giving us a deeded easement across another portion. Those deeds create a division of that property. Now generally speaking, it is not permitted under Statute for anybody to convey a portion of the piece of property, because by doing so you create a subdivision unless you have subdivision approval from the Planning Board. There is a specific Statute that permits a municipality to set aside a subdivision which is effectuated by a deed for which a subdivision approval has not been obtained, but, quite obviously, when the Township is the recipient of the piece property and desires to have it, is not likely. It is totally unlikely the Township would exercise its right to set aside the division, because it has essentially asked for the division of that lot. In any event, by way of exhibit one for the defendants in this case, Mr. Semrau on May 24th forwarded to the attorney for the Board of Education Ordinance 17-2005 which is the Ordinance that authorizes the division of this lot and the granting of the deeds, as well as a resolution in which it specifically says you all adopted it but the Township does not object to, and consents to the subdivision of the lot. It was not until June 24th which was last Friday that the attorney of the Board of Education wrote to Fred and essentially took the position that he did not approve of the form of the resolution which the Township Council had adopted. Of course this letter is dated June 24th so of course we didn’t get it until yesterday. The complaint essentially is he didn’t like the form of the resolution which we did or the ordinance which we did. However, exhibit number three for the famed attorneys for the Township is a letter from Central Jersey Title Company that we have used in connection with this matter, in which they reviewed our ordinance and they reviewed our resolution and as far as that title company is concerned they are prepared to insure the interests of the Township. Remember, the Township is the one that is going to receive the deed as well as the deed of easement, without anything further and he said that there are no further requirements for subdivision of these lots. So, I am not quite certain why there has been an issue with the attorney for the Board of Education but we called him this morning and said, Hey we don’t understand why you disagree with the format that we have used. We don’t want to waste our time in debating who draws better resolutions or better ordinances. If you have something from your title company, send it to us and we will offer it to the Township Council for their adoption. Fact of the matter, he sent me an ordinance at five o’clock tonight along with the resolution which I do not believe was drawn by the title company, but his company, but he has done it for whatever purpose. So if you want to resolve all of this, as far as I am concerned, we did everything we are supposed to do. We have had it approved by the title company who has in turn done the title searches, but, if you want to be generous, gratuitous, there is a form of ordinance that I have tonight that we could introduce, and have final adoption second meeting in July; which would then be either in the form required by the attorney for the Board of Education or perhaps more likely by whatever title company the Board of Education used. So, that’s the sum and substance.

President Greenbaum: Well, we will put it on for discussion at the July 12th meeting.

Mr. Dorsey: Well, do you want to introduce it tonight? So it can be…

Mrs. Lashway: Not unless, you’re going to read the whole thing into the record.

Mr. Dorsey: I don’t have to read the whole thing into the record.

President Greenbaum: No not for….

Mr. Dorsey: Not for introduction.

Mrs. Lashway: If it’s not posted and made available for the public, you have to read all of it into the record.

President Greenbaum: I want to hear what the Mayor has to say.

Mayor De La Roche: I just have a question for the Board of Education attorney, that if in fact they don’t approve it, doesn’t that do away with the consideration; and therefore, do away with their right to take the land, for them to go around the school, which we did, in the consideration for this property. It’s a lack of consideration as far as I can see it. So they don’t get their right of away if we don’t get our land.

Mr. Dorsey: I know Mayor, but I am not going to disagree with what you say. I am just trying to find a way to get everybody satisfied …..

President Greenbaum: We are talking about as far as I understand it we are talking about procedural not substantive.

Mr. Dorsey: We are certainly not talking about substantive because everybody understands what the deal is. We gave for the diversion they are supposed to give us back the recreational. The most we are talking about is whether his form, strike that, we will say the title company used by the attorney for the Board of Ed, whether his form of ordinance is absolutely required because we’ve already had our title company approve it. So it’s up to you I have no problem with making it easy and satisfying everybody, so that the deeds are then…..

President Greenbaum: You know what, it seems to be the way to go just to elevate the problem. If were not talking about substance but were talking about procedure and if it is going to satisfy the Board of Education and not change anything which we have already agreed to, then there’s no issue and lets, Lisa’s saying we have to read the entire thing into the record.

Mr. Guenther: How many pages?

Mr. Dorsey: Keep talking and I’ll read. An Ordinance of the Township of Mount Olive to acquire an interest in certain lands within the Township of Mount Olive and known as a portion of Lot 9 in Block 5401 on the official tax map of the Township of Mount Olive Board of Education.

Whereas, pursuant to N.J.A. 40:48-2. the Township of Mount Olive is authorized to adopt an Ordinance for the preservation of public health, safety and welfare; and

Whereas, pursuant to N.J.A. 40A:12-5, the Township of Mount Olive has the power to acquire any real property for the public purpose through a negotiated agreement; and

Whereas, the Township of Mount Olive entered into an agreement with the Township of Mount Olive Board of Education dated May 2, 2005 wherein it was agreed by both parties to convey a portion of Lot 9 in Block 5401 to the Township of Mount Olive for recreation and open space; and

Whereas, the Township of Mount Olive has determined that it would serve a public purpose for it to acquire interests in and to the property as described below to provide for recreation and open space in the Township of Mount Olive; and

Whereas, the owner of the property described below, the Township of Mount Olive Board of Education, is willing to transfer ownership of such property to the Township of Mount Olive, the consideration for same being the aforementioned agreement between the Board of Education and the Township of Mount Olive sometimes referred to as the “Diversion Agreement” and the Township of Mount Olive intends to utilize the property for the public purpose of recreation and open space in the Township of Mount Olive.

NOW, THEREFORE, BE IT ORDINAINED by the Township Council of the Township of Mount Olive, County of Morris, as follows:

Section 1.

a. The property to be acquired in fee titled by the Township of Mount Olive is a portion of Lot 9 in Block 5401 as more particularly described in the attached Exhibit ”A,” containing 3.083 acres.

b. The acquisition of portion of Lot 9 in Block 5401 is hereby authorized.

c. The Township of Mount Olive shall acquire such property from the present owner, the Township of Mount Olive Board of Education, the consideration for which is the granting of a deed easement by the Township to the Board of Education across lot Number 74, Block Number 7600 , pursuant to the ‘Diversion Agreement” referred to above.

d. Subdivision of Lot 9 in Block 5401 is effectuated by the Ordinance and subdivision approval shall not be required for the acquisition of said property by the Township of Mount Olive form any other governmental agency.

Section 2. This Ordinance shall take effect in accordance with law.

Mr. Mund: Is this ordinance 25-2005?

President Greenbaum: Yes.

Mr. Mund: I move Ordinance # 25-2005 (first reading)

Mr. Guenther: Second.

President Greenbaum: It’s been moved and seconded, discussion, Colleen?

Mrs. Labow: What’s the nominal consideration?

Mr. Dorsey: One dollar, well, the consideration actually let me clarify this, the consideration actually is that we are giving them the diversion

Mayor De La Roche: And nine acres

Mr. Dorsey: And nine acres, right, the diversion which is the nine acres, right?

Mayor De La Roche: No diversion and nine acres.

Mr. Dorsey: Yeah, diversion and nine acres, Okay

Mrs. Labow: That doesn’t have to be specified in the ordinance, Mr. Dorsey?

Mr. Dorsey: No. Well, if you want it specified, I will change it and specify it.

President Greenbaum: It doesn’t have to be specified because what we are talking about is a piece of property that we are getting.

Mrs. Labow: Okay.

Mr. Dorsey: No, we’ll specify it.

Mrs. Labow: Yes.

Mr. Dorsey: You don’t need to get this in until next Tuesday. We have plenty of time to publish this before the 26th.

President Greenbaum: So I will put that in.

President Greenbaum: Mr. Rattner?

Mr. Rattner: I just have a question, I mean I am not going to hold it up. I don’t care about the
wording. I sell my house, I don’t go to my title company on my house. Why does, basically, the seller
have to get approval from his title company? I don’t understand that part.

Mr. Dorsey: A lot of things I don’t understand,

President Greenbaum: Well, they are also retaining a piece of the property. It’s being subdivided.

Mr. Dorsey: Yes, yes, that’s right, they are holding it.

President Greenbaum: That’s why, because they’re not giving up, they’re taking a piece of property which they currently own and they’re subdividing it and taking a piece, a piece of the property and giving it to the Town and retaining a piece of the property. So in essence, their title is being affected by the ordinance.

Mr. Buell: Just to clarify this, because I have talked to several members of the Board of Education today, the issue is they wanted to, by the end of this year, cancel the leases of the three tenants of that building. Now there going to have to extend them to an additional year to 2007 because they must give a year’s notice on those cancellations.

Mr. Rattner: Why?

Mr. Mund: Why?

Mr. Buell: That’s in their lease.

Mr. Dorsey: That may be in their lease, but I don’t understand. Why do they have to do this?

Mr. Beull: They wanted to bid that building out.

Mr. Dorsey: I think they could have.

Mr. Buell: For this period of time, their answer to me was their title company said we do not have clear title unless this Ordinance is written.

President Greenbaum: Alright, whatever.

Mr. Rattner: They can bid it out, and tell you, you have to take the continuation of the leases. There’s no problem with that. That’s how business properties are usually done.

President Greenbaum: Not only that, they can cancel the lease irrespective of whether or not they sell the property.

Mr. Rattner: But don’t tell them to do that.

President Greenbaum: I didn’t, Mayor you had something?

Mayor De La Roche: Maybe the confusion was, the original negotiations involved the building also, and they never clarified that in writing but they weren’t giving the Town the building also. That might be their hang up.

President Greenbaum: Any one else with any comments? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Any other new business? Colleen?

Mrs. Labow: Well, just on new business I just wanted to thank Mr. Buell for bringing that to our attention and basically being a liaison, coming back to the council; thanking everybody for acting so quickly on it. That’s it.

President Greenbaum: Thank you Mr. Meull. Mr. Rattner?

Mr. Rattner: I read just read the news paper that Reverend Kenneth Young passed away over the weekend. He was the handicapped pastor who had the handicapped organization he’s headed for about twenty-seven years, but he also founded the Bethesda Christian Center, which is now know known as the Mountain Top Assemblies of God, where he served for twelve years. He was also involved in the Town. We had him involved with some of our things at our Reorganization. I guess he was fifty-two or so. I guess it was unexpected. I just think it is appropriate that we pass a resolution thanking him for what he did for the town. So, Mr. Dorsey said he would prepare something on that and I think it was appropriate because he had been a member of our community for twelve years.

Mr. Dorsey: Okay, we’ll have it for next week.

Mr. Greenbaum: Thank you, any other new business? Mr. Guenther did you get a resolution for that issue that we discussed today that you brought to my attention?

Mr. Guenther: A resolution, no. Well let me bring it up, okay? I think it needs some investigation. It was brought up to me by a citizen of the Township. I have seen the signs around town advertising a soccer camp from July 25th though July 29th run by a company called Holland – U.S.A. Sports Promotion Inc., meaning it is a private organization. They have a phone number. Apparently this particular citizen went and called and or found out, even found a website. It appears to be a private organization. They are charging, I believe it said $187.00 for participation in this clinic. My question is, what is the Township’s involvement with this? Are we renting out space at Turkey Brook or is this unauthorized publicity? I talked to the Recreation Department, to Keith, and he said the only thing he knew about it was something done by, was it Soccer USA the official body that is associated with our Soccer Club. So I don’t know. I was going to give this information to Keith and let him investigate, but maybe Mr. Casey you could follow up on that?

Mr. Casey: Yes, I will, I don’t know anything about it. I will see if I can find anything else about it.

Mr. Guenther: Okay.

President Greenbaum: I would like to know, Mr. Casey, what usage of the park has been reserved for the summer months, generally? If there are groups outside of our sporting organizations that are using the park for pay, irrespective of whether or not they are connected with an organization. Any other new business? Mrs. Labow?

Mrs. Labow: Mr. Casey, on the same note with the signs around town, I saw a sign today for the first time. It was a pony share sign? It was right over not to far from Netcong what is it, Flanders-Netcong Road, did anyone see that?

Mr. Rattner: Is that at Turkey Brook too?

Mrs. Labow: I don’t know. It said pony share call for information, it was a red and white and blue sign. At first I thought it was a donkey and an elephant, I thought it was a political sign so I turned around and went back and it was a pony share.

Mr. Guenther: A pony share?

Mrs. Labow: Yes, a pony share information sign up? Yes, which brought me to the thought process of we do have signs all over town, we do have a sign ordinance and people can put signs up as long as they do get a permit and I don’t want to get into t a big huge expense but perhaps when people do get a permit, if we could have some sort of little sticker that gets put on there that shows their signs where approved by the appropriate department instead of these signs going up like that because I don’t know what that was all about? Pony Share, did any one else see it?
Mr. Greenbaum: But if it was a political sign, it probably would have been two donkeys fighting with each other.

Mrs. Labow: I don’t know, could have been two elephants.

Mr. Greenbaum: Alright, thank you, any other new business? Mr. Buell.

Mr. Buell: Yes, parking in the High School next. As I was talking to Chief Katona today about the parking issue, I also realized that there is going to be a traffic control issue up there that is probably going to create a budget issue with us next year, because I suspect parking control issues are our responsibility. Hopefully we will have the parking at the High School on the workshop next week. Also, I would like to discuss that and we should also probably discuss traffic control and budget control in and around the high school area, because if you look at what is going to happen next September when this thing occurs, we are going to have to have all kinds of parking traffic restrictions all over that place in order to assist the flow of traffic.

President Greenbaum: I have a meeting with Larry McEntee before the Council meeting on the 12th. You’re more than welcome to come. Scott Van Ness is going to be present at the meeting.

Mr. Buell: What time?

President Greenbaum: Six o’clock here. Alright.

Mr. Buell: Okay.

President Greenbaum: Alright, any other new business? Seeing none, legal matters.

Mr. Dorsey: Just one thing, I have written everybody. July 1st, which is Thursday, Tim Quinn will take over the operation of the Wyndham Pointe Sewer. Sherry Jenkins can start to send out bills for services provided. It is now our system.

President Greenbaum: Alright, good. Council Reports, no Library Reports this evening?

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Labow: No.

Recreation Liaison Report

Mr. Mund: No Recreation.

Board of Health Report

Mr. Guenther: No Board of Health.

Planning Board Report

Mrs. Labow: No Planning Board and the next meeting has been canceled officially July 14th and nothing is scheduled for any of these scheduled meeting until September but they haven’t canceled those meeting yet which is good news, bad news? I don’t know? I do know there’s no activity going on.

Mr. Greenbaum: Well, again it graces the issue as to whether or not the evening should be used to
discuss planning issues outside of…

Mrs. Labow: Yes, absolutely right.

President Greenbaum: Because we have always had. Even when I sat on the side, the Planning Board, there just wasn’t any time to tap up planning issues so perhaps you should raise that issue with the Planning Board.

Mrs. Labow: I certainly will.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you Mr. President, most of the matters were standard. Paramount Self Storage down on Rt. 206 got an extension request granted through October, 2005. The Dockrell Beach and Yacht Club their certification for pre-existing non-conforming use with insufficient notice was dismissed without prejudice and that should be back in the hands of our capable Township Attorney. Paragon Village to convert the existing senior building to a child day care center, notices were received, that was scheduled for July 17th

Open Space Committee Report

Mr. Guenther: I have a question for you, on the Dockrell, what does that mean? You
mean our action…

Mr. Dorsey: Let me tell you where this is. I wrote you several, months ago about the fact that we have gotten some significant fine against the Williams Brothers in connection with the zoning violation… The Appellate Division did something it never did in any other case before; it overturned the conviction and said these matters must first go before the Board of Adjustment. So when Dockrell Beach, and against them we have some significant judgments left, I think thirty-six thousand dollars in fines, learned that they then made an application to the Board of Adjustment which they didn’t pursue, now the Court… they also made a motion in court and the court has now ruled they had ninety days to file an application and get the benefit of what the appellate division did in the William’s Brothers case.

Mr. Guenther: There has been nothing since the last one.

Legislative Committee Report

Mr. Mund: Nothing to report

Pride Committee Liaison Report

Mr. Perkins: Nothing Mr. President

Board of Education Liaison Report

Mr. Buell: They met last night. Part of what we have already discussed, is one of the
issues. They reviewed where they are in terms of the bidding of the new High School or the second time they’re bidding. They have seven bidders this time, evidently this time, instead of the two that they had last time. So that’s good news. They had a report on from an outside group which reviewed the High School, the high school curriculum, which is part of the power point presentations posted on the web site. It showed the high school is basically in good shape in terms of this outside groups assessment of it, moving forward which was the more important issue. We’re not just standing still. There actually is progress both on test scores and on the types of things the high school is now doing in terms of various issues. That is basically what happened at the Board of Education meeting.

Mr. Greenbaum: Thank you.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report

Safety Committee Liaison

Mr. Guenther: Nothing

Finance Committee Report

 

Mr. Rattner: At your request we met until late Friday evening going over the capital budget with the recommendations, and I guess regardless of what we thought, there wasn’t enough time for bond counsel to get it on, because the goal was to finish up by the end of last week, and get it on tonight. So, we had miscommunication.

President Greenbaum: Mr. Casey, are we going to have them on for the 12th?

Mr. Casey: Question? Clarification for the Finance Committee, I was gone yesterday and today when I got Jim Buell’s e-mail. As I understand it, you want items A for the bond ordinance not B, C, or D?

Mr. Rattner: No, “A”, I believe “A” was at the absolute, just go with it. “B” put it on. We just wanted some clarification what would be more, because we just didn’t have the back up. “C”, we just think needs to be more discussion so that I think it’s about eighty to eighty-five percent can be on the bond. Were trying to do what we thought was doable.

Mr. Casey: Okay A and B are doable? C and D need further work?

Mr. Rattner: Well, maybe if we had another two weeks we would be able to get it resolved by time we meet again.

Mr. Casey: I think we can resolve most of the items that we have here.

Mr. Rattner: What we felt is that the ones that we put, D further down probably, needs more work because we wanted some discussion. The stuff up there we just needed clarification which we felt could be done.

Mr. Greenbaum: Thank you

Mr. Buell: I think probably maybe if we met with Mr. Casey at some point in time we could probably resolve this.

Mr. Greenbaum: Let’s try to resolve as many of them as we can, add it on for the 12th

Mr. Dorsey: One other thing, the bond sale, the major bond sale was completed yesterday, right Sherry?

Mrs. Jenkins: Yes, it was - the refinancing.

Mr. Rattner: So it went through.

President Greenbaum: Thank you, Mrs. Labow do you have something?

Mrs. Labow: I just wanted to ask, I know Mr. Rattner is the liaison to the Economic Development Committee but we don’t get a report for that, that’s not on here?

President Greenbaum: Not this week.

Mrs. Labow: Not this week?

Mr. Rattner: Well, we can put it on there we didn’t meet for the month of June.

President Greenbaum: I’ll ask that it be put on.

Mr. Rattner: We meet on the last, the fourth Thursday of the month.

Mrs. Labow: I know I was going to come; I called Lisa. They didn’t know it was cancelled.

President Greenbaum: Okay, thank you. At this point I will open the meeting up to any member from the public who wishes to speak on any particular issue. Mr. McDonald, if you would be so kind, state your name and address for the record please.

Mr. McDonald: Ned McDonald, Budd Lake. Thanks Bernie you beat me to the punch on the soccer camp. I was quite disturbed when I saw those signs around town. Particularly, when I saw Incorporated, it looks like a commercial company involved and as I suspected no one here seems to know anything at all about what is going on? As a resident/taxpayer in this community, I’ve spent a lot of money on Turkey Brook Park and for a commercial company to come in and set up what appears to be a money making scheme on this property, I think we really have to look into this and find out what is going on. Did they apply for a permit? Did they pay anybody for the permit? We don’t know and I think if we really don’t nip this in the bud, this could be soccer camp, baseball camp, who knows what organization could come in and do this? I am requesting the governing body and the administration to really get to the bottom of this so that this is as I say nipped in the bud, and not to say that it can’t be arranged to work out but I think we need to have something in the park rules for commercial company’s that want to come on to this land and use it. We pay a lot of money for this land and I think we have to get our return on it.

President Greenbaum: We all agree, and as I recall, the ordinance that we passed with respect of these had a permit fee for outside organizations. It was fairly substantial, several hundred dollars five, six, hundred dollars. I would like to know whether or not they applied for that permit and to the extent that outside organizations such as this are going to be asking to use our fields, we may need to revisit that ordinance to make sure the Township is being adequately compensated for the use of the fields by outside organizations. So, we may need to tighten up that fee ordinance or prohibit such activity if that’s what we chose to do? That’s not my feeling, but we need to tighten it up so we are adequately compensated for the use of the fields. Mr. Guenther?

Mr. Guenther: This brings up a question, since this land is part of Green Acres money technically it’s just not for the use of Mt. Olive. So I would like a legal opinion on that and what we can do? I think if Mr. Dorsey could give us that, as to what we can do to restrict it, under those circumstances.

President Greenbaum: Okay, Mr. Dorsey has reserved on that issue and will get back to us. Anything else, Mr. McDonald?

Mr. McDonald: One other thing, Ordinance 24-2005 paragraph C subsection E, Hiking should only be done on designated trails/ pathways.” I thought we discussed this and that was going to be taken out. We were going to drop that requirement for hiking. I think that Subsection M really covers, for somebody to, if there is an area where you don’t want people walking or hiking, I think that subsection M could cover that but I am not even sure how you define hiking? If someone is just casually walking through the woods, is that hiking? I just don’t see the need for that sentence at all.

Mr. Guenther: Where was that Ned, I’m sorry.

Mr. McDonald: Section C subsection E.

Mr. Guenther: Okay.

President Greenbaum: I do recall that item being discussed. I don’t remember that item being removed. There was some discussion its common sense….

Mr. McDonald: I thought that sentence was going to be stricken; as I recall. I could be wrong you know there was discussion about it. I just think it is totally unnecessary.

Mr. Dorsey: We can take it out, at the public hearing.

Mrs. Lashway: The Open Space Committee specifically reviewed that comment and there recommendation was to leave it in.

Mr. McDonald: How do you define hiking? That’s my next question.

Mr. Guenther: That’s a very good point. How do you define hiking?

Mr. Mc Donald: I really, as a concerned citizen that does use the area, I don’t want to potentially be in violation by the walking through the fields.

Mr. Dorsey: No, you won’t be Ned.

President Greenbaum: Your point has been duly raised and I would suggest that you raise it at the second reading of the ordinance itself. It can be removed from the ordinance if there is…

Mr. Buell: Ned, I have one example of where we might want to prevent hiking and with the High School…Turkey Brook Park backs up onto the high school property and people might park at Turkey Brook Park and walk through the woods. So we might want to prohibit that activity.

Mr. Guenther: Well, then I think Ned’s point is a good one in section M. Then post that area. I wouldn’t like to see signs posted all over the park, to prevent people from walking in certain places but in that specific case I would post signs.

Mr. Mc Donald: But it is a park. You go in Central Park, you can go to the diner any where in New York City. I just don’t see they should have it only and restricted to organized trails.

President Greenbaum: Your point is duly made, thank you Ned, thank you. Is there anyone else from the audience who wishes to speak on any particular issue? Seeing none, I close it to the public. At this point I would open it up for final comment. Mayor do you have anything?

Mayor De La Roche: Yes, I just wanted to bring it to the attention of the council that Wachovia Bank had a ribbon cutting or a grand opening which was very successful. It had quite a large turn out. The representative of the Board of Ed also showed up and I attended on behalf of the Township. So I wished them the best on behalf of the Township. Then the Chamber of Commerce, also as a guest speaker there, and they gave out two awards to two young ladies from the High School for there fine civic work. So they received two, fifteen hundred dollar scholarships and I just wanted to bring that to the attention, to acknowledge that the young people in town do work very hard towards helping the Township also. I also attended the Flanders Senior picnic. They had a barbeque and the Hackettstown band and it was a very nice, well attended affair and I just wanted to bring those to your attention that there are things going on in Town on a regular basis regardless the fact of the summer and it may not be organized, but at least things are happening.

President Greenbaum: Thank you is that it Mayor?

Mayor De La Roche: Yes.

President Greenbaum: Mr. Buell?

Mr. Buell: None

Mrs. Labow: I have a list? None.

Mr. Mund: I wish everybody a Happy Fourth of July.

President Greenbaum: And me a “Happy Birthday?”

Mr. Mund: And you a Happy Birthday.

President Greenbaum: It’s July 3rd.

Mrs. Labow: Oh, Happy Birthday.

Mr. Rattner: Happy Birthday

Mr. Guenther: Happy Birthday

President Greenbaum: Mr. Guenther?

Mr. Guenther: I just had a question. Last week there was a letter addressed to you by Assemblymen Gregg regarding the possibility of zoning of the property in Flanders, did you answer them?

President Greenbaum: I did not answer it.

Mr. Guenther: Okay, I think we should extend them the courtesy of a reply.

President Greenbaum: I will so answer. Mr. Rattner?

Mr. Rattner: I just want to congratulate the Recreation Department. The beach is open and it looks like it is in real fine shape and we are getting pretty good usage on it for weekdays. So, they’ve done a nice job.

President Greenbaum: Thank you, is that it Mr. Rattner?

Mr. Rattner: Yes

President Greenbaum: Mr. Perkins?

Mr. Perkins: Thank you Mr. President. I want to wish everyone a happy and healthy fourth, tell everyone how glad I am to be back here now. I made it through one workshop and now through an actual public meeting and we are going to be out of here before nine o’clock which I think is fantastic.

Mr. Guenther: That would be a record.

Mr. Perkins: And for all my fellow Council members and anybody else in the audience, for everybody who thought about me and sent cards, gifts and prayers, I thank you. My health is doing excellent. They have actually cut back on some of my rejection medicine. I’m now down to blood testing once a week instead of twice. So, things are really looking up. Thank you.

President Greenbaum: I have no comment. I would request a motion to adjourn.

Mr. Perkins: Second.

All were in favor and the meeting adjourned at 8:30 pm.


__________________________
Robert J. Greenbaum
Council President

I, HEREBY CERTIFY the foregoing to be a true copy of a resolution adopted by the Mount Olive Township Council at a duly convened meeting held on July 26, 2005.

_______________________
Lisa M. Lashway
Township Clerk

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