Mt. Olive Township Council Minutes
March 14 , 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 for those who 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. Tepper,
Mr. Perkins, Mr. Greenbaum

Absent: Mr. Rattner, Mr. Biondi

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

7:15 pm – Sale of Land (Block 4101 Lot 4)

EXECUTIVE SESSION – Tax Appeals

Questions on Bill List?

President Greenbaum: Meeting is back in order. At this point, we are up to Questions on the Bill List. Does anyone have any questions on the Bill List for the Administration to be answered at the end of the meeting?

Mr. Buell: Not sure, I do, I asked Sherry several questions today, and then I subsequently came back with additional questions on #0532107 and #06 the towing of wrecked cars, Sherry?

President Greenbaum: You need to come up to the microphone. Just so the record is clear, Sherry Jenkins, the Township CFO is responding to Mr. Buell’s question.

Mrs. Jenkins: I forwarded the additional information you were looking for over to Ed Katona and he did send you an email out around 4:15. I believe the issue is, we don’t bill back the insurance companies, and he was going check to whether, in fact, we could do that. My understanding is that if we impound a vehicle as a result of an investigation that we are doing, then that vehicle becomes evidence and we, in fact, pay the bill.

Mr. Buell: Is this a diminimous issue?

Mrs. Jenkins: It’s really not a large amount of money, no.

Mr. Buell: Okay.

Mrs. Jenkins: Okay?

President Greenbaum: Is that it Mr. Buell?

Mr. Buell: That was the question.

President Greenbaum: Any other questions on the Bill List? Seeing none, we will move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Feb. 14, 2006 CS
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Tepper, Mr. Perkins
Absent: None
Feb. 14, 2006
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Tepper, Mr. Perkins
Absent: None

Feb. 18, 2006 CS
Present: President Greenbaum, Steven Rattner, Mr. Buell, Mr. Biondi, Mrs. Labow (9:57 am), Mr. Tepper (9:55 am), Mr. Perkins (9:24 am)
Absent: None

Feb. 21, 2006 CS
Present: Mr. Buell, Mr. Tepper, Mr. Perkins, Mrs. Labow, Mr. Rattner, President Greenbaum
Absent: Mr. Biondi

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

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

President Greenbaum: Approval of Minutes of prior meetings. Mr. Tepper, could you please move the six sets of minutes.

Mr. Tepper: Thank you, Mr. President. I move that we approve the six sets of minutes listed below.

Mr. Perkins: Second.

President Greenbaum: Okay just for the record, that is the February 14, 2006 CS, February 14, 2006, February 18, 2006 CS, February 21, 2006 CS, February 23, 2006 CS, February 28, 2006 CS Minutes, moved and seconded are there any corrections, deletions, changes or comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

CORRESPONDENCE

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

1. Ordinance received February 27, 2006, from the Township of Byram regarding Land Use.

2. Ordinance received March 1, 2006, from the Township of Chester regarding Land Use.

3. Resolution received March 2, 2006, from the Township of Parsippany-Troy Hills regarding “Time of Decision” Rule.

4. Resolution received March 9, 2006, from the Town of Boonton regarding the reintroduction of legislation to exempt Municipal Clerk’s from the Penalties for Open Public Records Act Violations under certain circumstances.

MUA / MSA

5. Minutes received March 7, 2006, from the Musconetcong Sewerage Authority regarding the February 1, 2006 meeting.

 

 

DOT / DEP

6. Letter received February 24, 2006, from Dig Engineering regarding application to NJDEP Division of Highlands and Water Quality, for approval of exemption for Block 8300, Lot 7 (Sandshore Condo Association, 430 Sandshore Road).

7. Letter received February 24, 2006, from the New Jersey Department of Environmental Protection regarding third Highlands Applicability Determination and Water Quality Management Plan for Kevin B. Dorlan, Lot 19, Block 8500 (103 Mine Hill Road).

8. Letter received February 28, 2006, from the State of New Jersey, Department of Environmental Protection regarding Authorization for Freshwater Wetlands Statewide General Permit No. 25 and Waiver of Transition area for Access. Applicant: Roy Cadorin, Block 7000, Lot 20 (498 Drakestown Road).

9. Letter received March 1, 2006, from the State of New Jersey, Department of Environmental Protection regarding Highlands Preservation Area – Resource Area Determination. Applicant: Givaudan Fragrances. Block 402, Lot 2.

10. Letter received March 1, 2006, from the State of New Jersey, Department of Environmental Protection regarding Highlands Preservation Area – Resource Area Determination. Applicant: Givaudan Fragrances. Block 402, Lot 5.

11. Letter received March 2, 2006, from the State of New Jersey, Department of Environmental Protection regarding application for Major Modification of Solid Waste Facility Permit for Morris County MUA, Mount Olive Solid Waste Transfer Station.

12. Letter received March 6, 2006, from the State of New Jersey, Department of Environmental Protection regarding Princeton Alliance Church Block 7000, Lot 87 (1 River Road).

13. Letter received March 6, 2006, from McDonough & Rea Associates, Inc. regarding Major Access Application, Four Seasons at Mt. Olive, Lots 80 and 84 of Block 4100 (Route 46).

14. Letter received March 7, 2006, from State of New Jersey, Department of Environmental Protection regarding Mount Olive Public Works Facility Block 7900, Lots 18 and 3.01 (portions).

MORRIS COUNTY

15. Letter received February 27, 2006, from Morris County Community Development regarding Drainage – Budd Lake.

16. Letter received March 1, 2006, from Morris County Community Development regarding 2005 Audit.

17. Table of Final Equalization received March 2, 2006, from County of Morris for the year 2006.

18. Information received March 6, 2006, from Morris County Economic Development Corporation regarding Morris County Municipal Summit.

LEAGUE OF MUNICIPALITIES

19. Letter received February 27, 2006, from New Jersey State League of Municipalities regarding Seminar “Advancing Greater Interlocal Cooperation: Increasing the efficiency and effectiveness of Municipal Government.”

20. Notice received February 27, 2006, from New Jersey State League of Municipalities regarding 4 Important Publications.

21. E-mail received March 1, 2006, from New Jersey State League of Municipalities regarding Action Alert – CDBG Funding.

MISCELLANEOUS

22. Letter received March 3, 2006, from Accusan Digital Archival Solutions regarding solving storage problems.

HIGHLANDS

23. Letter received February 27, 2006, from Chester, Ploussas, Lisowsky Partnership, LLP regarding Highlands Applicability and Water Quality Management Plan Consistency Determination – Givaudan Phase I and Phase II Expansion – Lots 2 & 5, Block 402.

24. Letter received March 3, 2006, from Equity Environmental Engineering LLC regarding Re-submittal of Application form (Highlands Applicability and Water Quality Management Plan) Block 1201, Lot 7 (77 Crease Road)

UTILITIES

25. Fax received February 27, 2006, from Comcast regarding Family Tier.

26. Letter received March 1, 2006, from Comcast regarding the addition of the Family Tier service.

27. Fax received March 8, 2006, from Comcast regarding Adult on Demand Price Adjustment.

LEGISLATIVE REPRESENTATIVES

28. E-mail received February 24, 2006, from Congressman Frelinghuysen regarding Frelinghuysen to host Town Hall Meetings and Port Deal must be put on hold.

29. E-mail received March 3, 2006, from Congressman Frelinghuysen regarding Reminder on hosting Town meetings.

30. Information received March 9, 2006, from Congressman Frelinghuysen regarding “Rodney Frelinghuysen reports to New Jersey.”

DCA

31. E-mail received March 8, 2006, from Department of Community Affairs regarding New Pay to Play Local Finance Notice and Form.

President Greenbaum: There are 31 pieces of Correspondence on the Amended Agenda this evening does anyone have any comments on any particular piece of Correspondence? Seeing none, we will move on... did you have something Mr. Buell? You need to raise your hand quicker or I am going to foreclose you.

Mr. Buell: No, you are just zipping right along. It is not only these pieces of Correspondence but we did receive a piece of Correspondence today from the State of New Jersey and it appears that the MUA is looking to extract 5300 to 6100 gallons per minute from the Flanders Valley Well and they are looking for comments no later than April 17th and I think we should respond to that.

President Greenbaum: Negatively.

Mr. Buell: Negatively in....

President Greenbaum: Well, I think that we need to first understand, what effect that will have on the Flanders Well and perhaps Bernie Guenther should be contacted. He is on the MUA Board to discuss...It is the MUA’s Well correct?

Mr. Buell: Yes and there is a public hearing, I guess at some point in time but they need all comments by April 17th which is only three or four weeks away.

President Greenbaum: I will contact Mr. Guenther through the Clerk’s Office to address this issue.

Mr. Buell: Okay.

President Greenbaum: I will ask to have his comment by next week’s meeting.

Mr. Buell: Okay.

President Greenbaum: We will bring it up. We will put it on under Old Business. Ask Mr. Guenther if he has any comments with respect to...

Mrs. Lashway: You said 3/28/2006

President Greenbaum: Ah...3/28. Actually I said 3/21, but 3/28 is fine, any other discussion? Seeing none, we are onto Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: The first ordinance is Ordinance #1-2006 entitled:

Ord. # 1-2006 An Ordinance Providing for the Selection of a Municipal Prosecutor.

President Greenbaum: This is an issue that was opened to the public previously and public comment was extended through tonight’s meeting because of the hearing in Morristown, which was then adjourned and I am seeking a motion, to further extend a public comment period to the meeting of March 28, 2006. Mr. Tepper, would you make that motion?

Mr. Tepper: Yes, Mr. President. I move that we move...continue until March 28, 2006 Ordinance #1-2006.

Mr. Buell: Second.

President Greenbaum: It has been moved and seconded. Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for public hearing is Ordinance #4-2006 entitled:

Ord. # 4-2006 An Ordinance of the Township of Mount Olive to Amend and Supplement Certain Sections of Chapter 196 Entitled Sewers and Water of the Code of the Township of Mount Olive.

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

Mr. Perkins: Yes, Mr. President. I move for....

President Greenbaum: I am sorry, before you move that. Is there anyone from the public who wishes to be heard on this Ordinance? Seeing none, I close it to the public. There isn’t much public here. It is just you two gentlemen. That’s about it.

Mr. Perkins: I move for adoption and final passage of Ordinance #4-2006.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

 

President Greenbaum: Ordinance #4-2006 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #5-2006 entitled:

Ord. #5-2006 An Ordinance of the Township of Mount Olive Amending and Supplementing the Grievance Procedure for Employees of the Township of Mount Olive.

President Greenbaum: Is there anyone from the public who wishes to be heard on this Ordinance? Seeing none, I close it to the public and I would ask Mr. Buell to please move this for adoption.

Mr. Buell: I would ask to continue this motion until March 28th as well because Ordinance #13-2006 directly affects this. Ordinance #13-2006 allows us to adopt personnel policies by resolution and I will be prepared to provide the full copy of the grievance procedure as part of that Resolution on the 28th.

President Greenbaum: Motion has been made to keep open the public comment period through the meeting of March 28, 2006, is there a second on that motion?

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded, any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ORDINANCES FOR FIRST READING

President Greenbaum: The first ordinance for First Reading is Ordinance #12-2006 entitled:

Ord. #12-2006 Bond Ordinance Providing for Various Water Capital Improvements in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $735,000 Therefore and Authorizing the Issuance of $698,250 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: Mrs. Labow, could you please move that on first reading.

Mrs. Labow: Prior to moving, can I just ask a question? I think I know the answer.

President Greenbaum: No, you need to move it and then there is discussion.

Mrs. Labow: My question is whether we want to do this at all considering the budget?

President Greenbaum: Well, move it.

Mrs. Labow: I move that Ordinance # 12-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 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: It has been moved and seconded is there any discussion? I will start the discussion. Colleen, with respect to your question, the fact that we adopt for First Reading an Ordinance, that doesn’t mean that we are spending the money and even if we were to pass it on Second Reading, it doesn’t mean we are spending the money. However, in this particular case, we have discussed these issues. I think we are prepared to move forward with these issues as necessary, except for perhaps one of the items that was included in this and we will deal with each specific item as they come up.

Mrs. Labow: Okay.

President Greenbaum: Is there any further discussion? Seeing none. Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first reading is Ordinance #13-2006 entitled:

Ord. #13-2006 An Ordinance Establishing Procedures to Adopt Personnel Practices and Authorizing the Township Administrator to Implement Said Practices with all Officials, Appointees, Employees, Prospective Employees, Volunteers, and Independent Contractors of the Township.

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

Mr. Perkins: Yes, Mr. President. I move that Ordinance # 13-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 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. Tepper: Second.

President Greenbaum: It has been moved and seconded any discussion?

Mr. Buell: This is, municipal government at its worst. The mail on the JIF, has been requiring or asking the Township to modify our personnel policies and procedures to reflect current practices in order to protect us, since I think until July of 2003? Last week... I have the Agenda, the itinerary. The Administration did not even put the issue of personnel policies and procedures on the Agenda. That was placed on the Agenda by Mrs. Lashway as a follow up to her concern that we weren’t doing this properly. We were going to adopt this and I will read it. Pursuant to the authority provided in NJSA 40:69A-40 and Chapter 4 Section 98 of the Code of Ordinances of Mount Olive Township, “The personnel policies procedure manual is hereby adopted by an Administrative regulation.” As we found out six years ago when Mrs. Labow sued the town because we attempted to wrongfully change an Ordinance by Resolution and we found out ultimately, what after two years? That that was impossible, we have an Ordinance in this town. It might be 20 or 30 years old, the Ordinance is #43-1 and #43-2 which establishes personnel policies by Ordinance. Therefore, we can’t establish unless we establish as we are now doing, the ability to set personnel policies by resolution. We could not do that and most people will say, so what. If anybody wants to take a look at it, we have a memo here from Mr. Dorsey and I won’t go through all of the nonsense and I don’t blame Mr. Prill. This has been sitting in the Administration of this Township for over a year and here is what it would have cost us, had not Mrs. Lashway put this on the Agenda last week and we made with a quick fix and it isn’t fixed yet. The Township will lose the benefit of the rate and setting which is a 20% reduction of a portion of its current assessment which equals $4,276,000. Two, the Township is self-insured retention amount, the deductible will increase from $10,000. to $50,000. What that means, so there is no misunderstanding, is that first $50,000 of the cost of either defending or settling or resolving a law suit will have to be paid directly by the Township, rather than the MEL. Mount Olive Township has for a long period of time not withstanding a certain number of losses giving the litigious nature of the Township, it has enjoyed the lowest deductible of $10,000. Three, the third penalty is the real penalty when taken together with the increase of the deductible. Under the MEL Policy, if the new personnel handbook and related documentation is not submitted by March 31, 2006 the standard required 20% Co- insurance of the first $100,000 of the cost of the loss will increase to $2 million. Ladies and gentleman, one of the reasons why Mayor Del La Roche needs to be recalled is because of this kind of nonsense. Here is the personnel manual that he was going to produce by Administrative fiat, I guess. The language in this is harsh. I think it is poorly written. I don’t think it provided for the input of our department heads and our employees in the process and there are a variety of other issues that are wrong with this particular manual. They provided this Council with this manual about three or four weeks ago at the insistence of Mrs. Lashway when she said, you can’t do what you are doing, planning on doing. You can see the penalties that would have occurred had we done or had not passed this at first reading and if we don’t pass on second reading and its subsequent resolution two weeks from now. Ladies and gentlemen this is the reason why Richard De La Roche needs to be recalled. He is not in charge. He is AWOL. On Saturday while we were sitting here talking about the Budget he was down at Morristown riding around in his car with his sign on the side that we paid for at $100.00, “Mayor De La Roche, Mayor of Mount Olive.” Thank you.


President Greenbaum: Any other comments? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Okay, the next ordinance for first reading is Ordinance #14-2006 entitled:

Ord. #14-2006 An Ordinance Establishing a Police Department Within the Township of Mount Olive.

President Greenbaum: I thought we had a Police Department? I guess we have been paying Ed too much all these years.

Mr. Dorsey: This is just a comprehensive revision of the Ordinance updated from 20 years ago, very few changes in it actually.

President Greenbaum: This is actually going to be, second hearing is going to be on April 11, 2006, and I would ask Mrs. Labow, would you please move Ordinance #14-2006?

Mrs. Labow: I move that Ordinance # 14-2006 be introduced by title, and passed on first reading, and that a meeting be held on April 11, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Amending the 2006 Temporary Budget for the Current, Water, Sewer and Recreation Utilities as Well as the Sanitation District.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Preliminary and Final Site Plan Approval Between the Township of Mount Olive and Lutheran Social Ministries of New Jersey, Application 05-49 ZBA.

3. Resolution of the Township Council of the Township of Mount Olive Endorsing Assembly Bill Number 745, Entitled “Task Force on New Jersey’s Public Health Workforce.”

4. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Smitty’s Door Service for Furnishing and Installing (7) Galvanized Steel Doors at the Cloverhill Treatment Facility.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Payment of Two (2) Vouchers Submitted by Dorsey & Semrau for Services Rendered During the Month of February, 2006.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by Toll Brothers in Connection with a Water Main Installation.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Service Contract with Zenon Environmental for Sewer Filter Membranes at Wyndham Pointe.

8. Resolution of the Township Council of the Township of Mount Olive Approving the FOP and FOP Superiors Contracts Between the Township and FOP Lodge #122.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of an Enhanced 911 Grant.

10. Resolution RE: Temporary Capital Budget.

11. Resolution of the Township Council of the Township of Mount Olive Committing the Sum of $384,900.00 Toward the Construction of Fifty (50) Affordable Housing units by New Jersey Lutheran Social Ministries, to be Known as Abiding Peace – Phase II.

12. Resolution of the Township Council of the Township of Mount Olive Establishing a Hiring Freeze for the Year 2006.

RESOLUTIONS NON CONSENT

President Greenbaum: Okay, we are up to the Consent Resolutions Agenda. Are there any resolutions on the Consent Resolutions Agenda which anyone wants to be moved to Non Consent? I am asking that number five be moved to Non Consent which relates to Mr. Dorsey. Any others?

Mr. Tepper: Number 11.

President Greenbaum: Number 11. Any others? We have a motion to move the Consent Resolutions by Mr. Perkins.

Mrs. Lashway: I have before Council an Amended Transfer of Funds Resolution that is different than the one that is on the Agenda and that is to add $750.00 to my budget to provide for temporary services.

President Greenbaum: Is that to deal with, mainly the OPRA requests that are coming in?

Mrs. Lashway: The increased work load in the office and the reduced staff.

President Greenbaum: Can we make the modification to that Resolution?

Mr. Dorsey: I don’t think so.

Mrs. Lashway: You have before you an Amended Resolution that has been posted.

Mr. Dorsey: I should be getting that money, she wants me to do all her work.

President Greenbaum: Can we Amend that Resolution to include that $750.00?

Mr. Buell: I move to Amend the Resolution.

Mrs. Labow: I wanted number 12.

Mr. Dorsey: Why don’t you just leave five on the Consent Agenda and you can just recuse yourself.

President Greenbaum: We can do that.

Mrs. Lashway: Somebody moved the Amended...

President Greenbaum: Yes and we are going to leave five on as well.
Mr. Tepper: Second.

Mr. Dorsey: Look, the Consent Agenda is going to consist of Consent Resolutions #1-#10, #11 is being taken off.

President Greenbaum: One is amended.

Mr. Dorsey: One is amended.

Mr. Tepper: What about #12?

Mrs. Labow: I want 12 taken off.

President Greenbaum: One is Amended, you want 12 off?

Mr. Tepper: No.

Mrs. Labow: No? I wanted it off.

President Greenbaum: You want it on Non Consent? Leave it on, Consent.

Mrs. Labow: Okay, leave it on Consent.

President Greenbaum: Okay, so it is #1-10 and #12 with #1 being amended to reflect that the additional $750.00 to the Clerk’s office for temporary help. Is that the motion that is being made?

Mr. Dorsey: Say yes, Perkins.

Mr. Perkins: Yes.

Mr. Tepper: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Is there anyone from the public who wishes to be heard? Yes sir, please state your name and address for the record.

Nelson Russell, Budd Lake: Minor typo in the third whereas, dated March 6 M.

President Greenbaum: Which Resolution?

Mr. Russell: Resolution #6.

Mrs. Labow: John, been typing in your own things again?

Mr. Dorsey: Yeah, because I am not allowed to bill for secretaries other than myself. Okay, it’s noted.

Mrs. Labow: Resolution #6 Mr. Russell?

Mr. Russell: Yes.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Any other discussion from the public? Seeing none, I close it to the public. Is there any further clarifying statement from Council? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Greenbaum recused himself on #5.

 

 

NON CONSENT RESOLUTION

President Greenbaum: Okay, we are up to the one Resolution which was put on Non Consent which is:

11. Resolution of the Township Council of the Township of Mount Olive Committing the Sum of $384,900.00 Toward the Construction of Fifty (50) Affordable Housing units by New Jersey Lutheran Social Ministries, to be known as Abiding Peace – Phase II.

President Greenbaum: Mr. Tepper, do you want to move that please?

Mr. Tepper: One question before moving it, was it supposed to be subject to them acquiring the balance of their financing?

Mr. Dorsey: Yes, because the final thing says....

Mr. Tepper: I think we agreed to do it but it was subject to them providing proof.

Mr. Dorsey: Let me just read it and see if.....The Township Council of the Township of Mount Olive does hereby authorize commitment to the New Jersey Lutheran Services $384... However, the funds themselves shall not be paid to New Jersey Lutheran Social Ministries until the Township has received satisfactory proof that all necessary financial commitments for this project to be built and completed had been received.

Mr. Tepper: Okay, so we can commit to some, regardless, we are just going to pay it.

Mr. Dorsey: We commit it, we don’t pay it.

Mr. Tepper: I understand. I move Resolution #11 Resolution of the Township Council of Mount Olive committing the sum of $384,000 towards the construction.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: What was the number?

Mrs. Labow: Eleven.

Mrs. Lashway: Didn’t you just read an amendment into it?

President Greenbaum: No, he was just reading the....

Mr. Dorsey: No. It is already in there.

President Greenbaum: Is there anyone from the audience that wants to be heard on this? Yes sir, you with your hand up, Mr. Russell. Please state your name and address for the record.

Nelson Russell, Budd Lake: In the fifth whereas, you’ve got November 10, 2005 as a projected date.

Mr. Tepper: He has the actual resolution in front of him.

Mr. Russell: Number 11, which is the projected date upon, which this Township will receive third round certification. Shouldn’t that be 2006?

Mr. Dorsey: I am trying to...

President Greenbaum: Third round certification, COAH certification.

Mr. Russell: The fifth whereas.

Mr. Dorsey: The fifth whereas?
Mr. Russell: Yes. The fourth line.

Mr. Dorsey: You are entirely correct, yes.

Mr. Russell: Thank you.

President Greenbaum: We don’t need to make a motion with respect to that?

Mr. Dorsey: No.

President Greenbaum: It will be amended. Anyone else from the public? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

1. Approval of Raffle Application #2132 for NJ District #6 Vasa Order of America; Raffle Application #2133 & #2134 for HSA St. Michaels and Amendment to Raffle License #2095 and #2096 for PTA Mt. Olive.

President Greenbaum: We are up to Motions, Mr. Buell do you want to move the Raffle Applications on the Amended Agenda please?

Mr. Buell: I move Raffle #2132 for the NJ District, #6 Vasa Order of America, Raffle Application #2133 and #2134 for HAD St. Michaels and Amendment to Raffle License #2095 and #2096 for PTA Mount Olive.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously

2. Bill List.

President Greenbaum: Bill List, Mr. Tepper do you want to move it?

Mr. Tepper: I move the Bill List be approved as presented.

Mr. Buell: Second.

President Greenbaum: Discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

• Library Board Report

President Greenbaum: We are up to Administrative Matters, Mr. Prill are you prepared to give us a Library Board Report?

Mr. Prill: I have no report to offer.

President Greenbaum: Are they any other Administrative Matters?

Mr. Prill: No, I have nothing.

 

NEW BUSINESS

President Greenbaum: New Business?

OLD BUSINESS

President Greenbaum: Old Business?

LEGAL MATTERS

President Greenbaum: Legal Matters?

Mr. Dorsey: I would say, before the tenured CFO leaves the audience, that we have now collected $400,000 of $500,000 on the Olympus settlement. The only outstanding nonpayer is Schoor Depalma. So I think that you should call him tomorrow and say that you will be absconding with all of their money until the $100,000 is met. Or you can give 30 days if you want?

Mrs. Jenkins: Okay.

President Greenbaum: Are there any other Legal Matters?

Mrs. Jenkins: Actually, I am not going to be in tomorrow John.

Mr. Dorsey: Well, try it Friday it will be alright.

COUNCIL REPORTS

Recreation Liaison Report

President Greenbaum: Council Reports. Recreation Liaison Report. Mr. John Biondi is not here this evening.

Board of Health Report

Mrs. Labow: Our meeting would have been tomorrow night but we had to cancel it so it won’t be until next month.

Planning Board Report

Mr. Tepper: The Planning Board finally voted on the Marveland Farms issue. Many of you were in attendance but they voted to recommend to Council that we consider changing the zoning to allow for the use that was proposed, active adult housing.

President Greenbaum: Okay. I assume since I was there, what will happen is, that the Planning Board is going to take action first and recommend ordinances that they would, I mean you need to take that back to both Chuck and to the Planning Board Attorney, in terms of how they wish to proceed, in terms of an action plan.

Mr. Tepper: I presume, they are going to have to recommend not only changing the ordinance but changing the Master Plan to reflect as well.

President Greenbaum: I think the Master Plan will be changed first and then there will be ordinances adopted consistent with the Master Plan change and I think that is what was contemplated...

Mr. Dorsey: Wait, the Planning Board must amend the Master Plan. That it does all by itself.

President Greenbaum: Right.

Mr. Dorsey: Then it recommends the zone change and it recommends the ordinances to the Township Council that it believes is appropriate with the zone change.

President Greenbaum: Yes, that is what I think was agreed to.
Mrs. Labow: I have a question regarding that. Since it has to go before the Master Plan and the Planning Board Attorney does not work on a retainer, he works on an hourly basis, are we going to need to put extra money into the budget for the Planning Board?

President Greenbaum: No, the Planning Boards resolution was that the applicant will pay for cost of the professionals in moving forward and I assume that relates to....

Mrs. Labow: The Master Plan as well?

President Greenbaum: Well, the Master Plan that relates to...the Master Plan aspects that relate to the proposed zoning would be paid for by...

Mrs. Labow: Ok, so it comes out of their escrow.

President Greenbaum: Yes, anything further from the Planning Board?

Mr. Tepper: No.

President Greenbaum: Thank you.

Board of Adjustment Liaison Report

Mr. Perkins: Yes, Mr. President. A special meeting was held, Gividuan for their expansion and that was approved. There was no other business.

Open Space Committee Report

Mrs. Labow: The meeting was cancelled Monday because Mrs. Murphy was in Morristown for the...

Mr. Prill: Community Development.

Mrs. Labow: Thank you. How did she do?

Mr. Prill: Well, they made two presentations along with Mr. Cirone.

Mrs. Labow: So we had to cancel the meeting.

Legislative Committee Report

Mr. Biondi: Absent

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President. Right now they are working on the Earth Day projects that are coming up, nothing else.

Board of Education Liaison Report

Mr. Buell: They met last night. Two major issues. They are today, or yesterday, were submitting to the County, their budget shows a $3 million I think a $460,000 increase, which is about a 4.6% increase spending but they indicated about a 6% tax increase. Although they really didn’t explain that, it includes the elimination of four teachers and nine aides in order for them to come under the CAP this year. They do not as yet have any indication from the State, except the general indication, that they will be held at the same level of funding that they had last year. So they don’t have their State dollars at this point in time. They are meeting on the 27th of March for a full budget discussion of this and that is two days before they will receive their State Funding on I guess that Friday just prior to that. The only other subject they discussed was the summer reading program will also be disused at their meeting of March 27th at the Board of Education Meeting.

Mrs. Labow: Where are they holding that, at the High School?

Mr. Buell: At the Middle School.
President Greenbaum: Thank you.

Mr. Buell: We should probably think in terms of inviting them to come and make the presentation.

President Greenbaum: They always come to the Council. They generally contact us.

Lake/Environment Issues Committee

Mr. Rattner: Absent.

Safety Committee Liaison

Mr. Perkins: No meeting, Mr. President.

Finance Committee Report

Mr. Rattner: Absent.

Economic Development Committee Report

Mr. Rattner: Absent.

President Greenbaum: Mr. Prill, do you know what the Economic Development Committee is working on currently?

Mr. Prill: I have not been advised as to what subject matter there has been that they are currently looking at.

President Greenbaum: Okay. Just so the record is clear, I am bringing a developer in on the 21st to discuss redevelopment of the lake area.

Solid Waste Advisory Committee Report

Mr. Tepper: Committee meets on Thursday at 6:30.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public for anyone who wishes to be heard on any particular item? Mr. Russell, please state your name and address.

Nelson Russell, Budd Lake: A couple of typo’s in Ordinance #14-2006. You may want to get them corrected before second reading. On section 25, paragraph C talks about physicians deficiencies, should that not be physical deficiencies?

Mr. Dorsey: Yes, go ahead.

Mr. Russell: Section 27, first paragraph third line from the bottom, believe to bed do, rather than be do.

Mr. Dorsey: What section?

Mr. Russell: Section 27, it is over on the next page, second line from the bottom or third line from the bottom.

Mr. Dorsey: Chief why did you make all these mistakes?

Chief Katona: That is what happens when we are short staffed.

Mr. Dorsey: Me too.

Mr. Russell: The one I wanted to explain is in section 36 paragraph E, speaking of co-ed moral behavior.
President Greenbaum: Co-Ed moral character, right here, Chief.

Mrs. Lashway: Where are we?

Mr. Dorsey: We are on section 37, sub paragraph E, co-ed moral character.

President Greenbaum: Good moral character.

Mr. Russell: A couple of questions on the Bill List.

President Greenbaum: Yes.

Mr. Russell: I am seeing $835.00 for printing dog license forms; $835.00 seems to be an exorbitant amount for printing. How many did we order?

President Greenbaum: Mr. Prill?

Mr. Prill: I have to dig through this, if you want me to take the time to do that?

President Greenbaum: No, I think what you can do is, provide the answers to Mr. Russell, Mr. Russell is that acceptable? Sherry Jenkins actually left. Do you have something?

Mrs. Labow: For the Board of Health we discussed that they had 599 people recently for the rabies shots and the forms. That is not for one year, that lasts for a very long time and they had to reorder them again and when they do tickets, so on and so forth they order a bulk amount and then when you reorder and when....

Mr. Russell: It seems like an awfully large bulk amount for $800.00 for the printing.

Mrs. Labow: It is also triplicate, it is the NCR paper and everything, so it not like you’re...

Mr. Russell: Okay, that helps explain it.

President Greenbaum: Mr. Perkins, did you have something to add?

Mr. Perkins: Just a point of order Mr. President, could we not open it up to the public at the beginning, when we ask on the Bill List just in case there happen to be any, so that our CFO is actually here at the same time?

President Greenbaum: It is a possibility, it is something that we had discussed before but we are not prepared to do that at the present time. In any event, what other questions do you have?

Mr. Russell: I am seeing payment to Kyle Conti $30,000 is the final settlement and then I see three other billings. One is for $12,000 and then further on, there is another $2,426.44 we are paying to Kyle Conte. I thought we were all through paying Kyle Conti?

Mr. Dorsey: That has to do with a settlement and what you see there is, various line items and prior budgets that that money is being taken from.

Mr. Russell: Okay, so they...

President Greenbaum: There was a further settlement of the Kyle Conti invoices.

Mr. Russell: Another one particularly in light of the resolution #12. I am seeing $60.00 for drug testing and new hires. Are we still hiring people?

Mr. Prill: It has to be in the Police Department.

Chief Katona: Police Resource officers.

Mr. Russell: That doesn’t go into conflict with the force level that you have in ordinance #14?

Chief Katona: That is why we amended the ordinance.

Mr. Russell: Okay and I see two charges for $2,175 for a ski trip, limousine, and bus company, is that....

President Greenbaum: That question always comes up, that comes out of the recreation utility against...

Mr. Russell: Is it two because I am wondering if it is a double payment. It has the same date?

President Greenbaum: I just assumed it wasn’t a double payment. Mr. Prill will look at that.

Mr. Prill: I’ll check.

President Greenbaum: Thank you, Mr. Russell. Thank you for your attentive nature to the details.

Mr. Russell: That’s what happens when you have closed sessions, I get a chance to read them.

COUNCIL COMMENTS

President Greenbaum: From now on we will just include you in our Executive Sessions. Is there anyone else from the public? Seeing none I will close it to the public. Final comments, Mr. Prill did you have something this evening?

Mr. Prill: Nothing further thank you.

Mr. Tepper: No further comment.

Mr. Buell: None.

Mrs. Labow: None.

Mr. Perkins: Nothing.

President Greenbaum: Motion to Adjourn.

Mr. Tepper: So moved.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:16 pm.

 

_______________________________
Robert J. Greenbaum, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on April 11, 2006.

 

____________________________
Lisa M. Lashway, Township Clerk
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