Township Council Minutes
May 9, 2006
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner,
Mr. Greenbaum, Mrs. Labow, Mr. Tepper, (8:07)
Also Present: Rick Prill, Business Administrator; John Dorsey, Township Attorney;
Gary Higgins, Township Auditor; Sherry Jenkins, CFO;
Lisa Lashway, Township Clerk
Presentation: Morris County Youth Hockey League – Midgets
President Greenbaum: At this point in time, it is my great honor to turn the proceedings over to Mr. Prill, our Business Administer, with respect to the Morris County Youth Hockey League Midgets Team for Mount Olive.
Mr. Prill: Good evening. On behalf of Mayor Richard De La Roche and the Township Council, I am pleased to present Mount Olive Township MITES team members awards for outstanding achievement to honor your designation as the Morris County Youth Hockey League 2005-2006 MITE Champions. All of us here tonight want to offer our congratulations on a job well done. If I could, could I ask two coaches, I believe are here, John Walacko and Scott Weeber to come up and you could make the presentations of the certificates to the players.
President Greenbaum: Mr. Prill, could we have all of the team players stand up along the dias so that photographs could be taken of the entire team with their....
Mr. Prill: Absolutely, so young men when you are called up to get your certificate if you could just come up front and stand up front here until everybody is up here. As I call your name please come up,
Trevor Lee, Dayle Peirano, Alyx Schrecengost, Cole Stackhouse, Bailey Tucker, (not here) Mathew Tumminello, Chris Walako, Gavin Weeber, Kevin Geoger, Chase Babus, Shane Kastl (not here) Chance Gorman, Evan Heller, Patrick Garvey. We also have but they are not here, Patrick Garvey, and Russell Lebo, Grant Josefek, and the Coaches; Coach John Walako, Coach Jim Lebo, Coach Scott Weeber, and Coach Steve Peirano. On behalf of everyone here, congratulations. Steve, stay up here for pictures guys.
President Greenbaum: I wonder if one of the coaches could tell us a little bit about how the season went for the team.
Mr. Peirano: Well, real quick I think the MITES, if you saw them at the start of the season, you see the size of them, they actually went 16-0 and 2 in the Mennen League and they all skated really well. We actually played in two leagues this year and we came in, I guess you can say third in the Warren County League and just missed it by a goal. We also played in a tournament in Randolph where they took second place. They all skated really well. They were a pleasure to coach this year and it’s good to see a lot of participation in the Mount Olive Hockey League because the Hockey League was a little quiet there for a little bit and it is really starting to pick now. It was a real pleasure and I have to say, there is one person I have to thank is Councilmen John Biondi. Believe it or not, Mr. Biondi was my coach guys for a few years and so all that yelling and screaming I learned from him. Thank you everybody. Just kidding Mr. Biondi.
Mr. Biondi: It’s true.
Mrs. Labow: He still yells and screams at me all of the time.
President Greenbaum: Let me just say on behalf of everyone who sits here on the Council, the effort that the kids put forward, the parents put forward and the coaches put forward is much appreciated by the town in terms of the good things that Mount Olive can put forward when the effort is put in. I know that the dedication especially with regard to hockey, both in terms of time and expense, is to be applauded. We all sitting up here thank each and every one of you whether it be a parent or coach for making us proud in Mount Olive. Thank you very much. Okay, we are going to take a two minute recess and we will pick up the meeting in about two minutes. So if you guys wanted to stay or go you can go. We will take two minutes.
Questions on Bill List?
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
President Greenbaum: I will call the meeting back to order. At this point in the Agenda, we are up to the approval of Minutes of previous meetings.
April 11, 2006
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner
Absent: Mr. Perkins, Mr. Biondi
April 25, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Biondi, Mr. Greenbaum, Mr. Rattner
Absent: Mr. Perkins
President Greenbaum: Mrs. Labow, could you please move those Minutes.
Mrs. Labow: I move for adoption of the Minutes of April 11, 2006 and April 25, 2006 Closed Session.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Is there any discussion, deletions, modifications? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr. Perkins abstained on both and
Mr. Biondi abstained on April 11, 2006
President Greenbaum: There are 34 pieces correspondence on the amended Agenda.........
Mr. Buell: Did you want to do the Bill List?
President Greenbaum: Yes, we will but I am going to do the Correspondence first.
Mr. Buell: Oh, okay.
LETTERS FROM RESIDENTS/ORGANIZATIONS
1. Letter received April 24, 2006, from ADPPBBL, Inc. (Lake Committee) regarding the May 2006 Spring Clean up.
2. Letter received April 26, 2006, from Mt. Olive Board of Education regarding “Tree Replacement Fund.”
RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS
3. Legal Notice received April 24, 2006, from Roxbury Township regarding a Public Hearing on an amendment to the Master Plan to include a Municipal Stormwater Management Plan.
4. Resolution received April 26, 2006, from Rockaway Township regarding support of Greater Competition for Video Service.
5. Ordinance received May 1, 2006, from Stanhope Borough regarding Land Use.
6. Notice received May 1, 2006, from Stanhope Borough regarding Public Hearing of the Land Use Board to re-examine its Master Plan
7. Resolution received May 1, 2006, from Morris County Board of Chosen Freeholders regarding opposing the New York / New Jersey / Philadelphia Metropolitan Area Airspace Redesign as Proposed by the Federal Aviation Administration.
DOT / DEP / LOI
8. Letter received April 24, 2006, from Lewis Environmental Group regarding Verona Residence, Remedial Action Report, 9 Washington Street, Mount Olive Township.
9. Letter received April 26, 2006, from EcolSciences, Inc. regarding Application for Letter of Interpretation: Absence Determination for KUO Shopping Center Block 4100, Lot 62 (135 Route 46).
10. Letter received April 27, 2006, from State of New Jersey, Department of Environmental Protection regarding Extension of Time request for Morris Chase/Morris Hunt Public Community Water System.
11. Letter received May 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Freshwater Wetlands Letter of Interpretation – Delineation under an Acre, Applicant: Luis Garzon & Johan Tirado Block 3207, Lots 8.01 and 9. (1 and 7 Forest Road)
12. Letter received May 4, 2006, from the State of New Jersey, Department of Environmental Protection regarding the Mount Olive Township Public Works Facility.
13. Letter received May 4, 2006, from the State of New Jersey, Department of Environmental Protection regarding Freshwater Wetlands Protection for Mount Olive Complex (Block 7801 Lots 1 & 6, Block 7900 Lot 7, Block 8000 Lots 2, 6, 7, 14, 16 & 18, Block 8100 Lots 10, 11, 28 & 45 and Block 8101 Lots 7 & 9).
14. Letter received May 5, 2006, from the State of New Jersey, Department of Environmental Protection regarding a Notice of Violation for Block 900 Lot 11, Robert G. Perkoski Farm.
LEAGUE OF MUNICIPALITIES
15. Letter received May 4, 2006, from the New Jersey State League of Municipalities regarding a seminar on “High Performance Redevelopment: A Conference and marketplace for New Jersey Properties, Brownfields Redevelopment and Green Building.”
16. Letter received April 24, 2006, from Hackettstown MUA regarding Water and Sewer Rate Increase.
17. Letter received April 24, 2006, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive Township – Demolition of former Municipal Building Block 2700, Lot 4 (Route 46 at Budd Lake) Agency Determination : Highlands – Exempt, Water Quality Management Plan not addressed.
18. Notice received April 28, 2006, from the State of New Jersey, Highlands Water Protection and Planning Council regarding Meeting Cancellation, New Jersey Highlands Council.
19. Letter received May 1, 2006, from Glasson Environmental Services, LLC regarding Application for Highlands Applicability & Water Quality Management Plan Consistency Determination. Block 7600, Lot 68 (95 Mount Olive Road)
20. Letter received May 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Sandshore Condo Association, Block 8300, Lot 7 (430 Sandshore Road) Agency Determination: Highlands Act – Not Major Highlands Development, Water Quality Management Plan – Consistent.
21. Letter received May 4, 2006, from the State of New Jersey, Department of Environmental Protection regarding Highlands Exemption for Gividaun Fragrances Phase I & II Expansion.
22. Letter received April 24, 2006, from State of New Jersey, Department of Health and Senior Services regarding inspection of the Mount Olive Township (Clover Hill), Sewage Treatment Plant.
23. Letter received April 24, 2006, from Electronic Measuring Devices, Inc. regarding the Quarterly Sewer Usage Assessment.
24. Letter received April 24, 2006, from State of New Jersey, Commission of Investigation regarding report on Questionable and Hidden Compensation for Public School Administrators.
25. Letter received May 1, 2006, from Anthony Wahl regarding Gonzalez v CEI Land Inc. and Glasson v Gonzalez, original deed.
26. Letter received May 5, 2006, from Garden State Engineering regarding the 2nd Quarterly Report on the Budd Lake Watershed Protection and Regional Stormwater Management Plan.
27. Fax received April 26, 2006, from Comcast regarding Adult PPV Channel Alterations.
28. Letter received May 1, 2006, from State of New Jersey, Board of Public Utilities regarding CSC TKR, Inc. d/b/a Cablevision of Morris Application for Renewal of Municipal Consent to Construct and Operate a Cable Television System in the Township of Mount Olive.
29. Fax received May 1, 2006, from Comcast regarding WABC-DT.
30. Letter received May 5, 2006, from Comcast regarding WABC-DT.
31. Information received May 1, 2006, from New Jersey Department of Community Affairs regarding Grant Application.
32. Letter received April 24, 2006, from Joan Osborne regarding Township of Mount Olive v. Olympvs International and Cline Design Associates v. Schoor DePalma regarding Turkey Brook Park Litigation.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
33. Letter received April 24, 2006, from Assemblywoman Littell McHose regarding support for “Task Force on New Jersey’s Public Health Workforce” in DHSS.
34. E-mail received April 28, 2006, from Congressman Frelinghuysen regarding Time to Reaffirm Commitment to Alternative and renewable Fuel Sources is now, Discussion on Medicare RX Drug Sign-up Deadline, Sixth Annual Academy Night, and NJ State Children’s Health Program to receive additional assistance.
President Greenbaum: There are 34 pieces correspondence on the amended Agenda. Does anyone wish to talk about any particular piece of correspondence?
Mr. Buell: Yes, I think it is #15, Mount Olive Complex. The file of this is sitting in the Clerk’s office. This is 1,000 acres.
President Greenbaum: Number 13?
Mr. Buell: No #15....no #13. This is a 1,000 acres and I asked Lisa if she knew what this was all about? Evidently it is a preparation to begin to plan, to build, does anybody know anything about....
Mrs. Lashway: It is a request for a letter of interpretation from the State. It is one of the planning tools that is needed to understand what is developable on your property, what is wetlands, what is marginal, what are your buffers and then once you have that, then you submit your plans to the Planning Board. Nothing, no concept, nothing has...Catherine is not aware of anything at this point. So they have to get through this process before they find out how much of their land is useable before they can submit a plan. It is in the Highlands Preservation area and it is zoned 5 acre.
Mr. Buell: I was up on Drakestown, River Road and several other places in town and evidently hundreds of people in the town have received a registered letter saying this is going on, just to let everybody be aware.
Mrs. Lashway: It is not a plan, it is a LOI application.
President Greenbaum: Is there any other pieces of correspondence to be discussed this evening? Seeing none, does anyone have any....Mr. Buell?
Mr. Buell: Yes. Sherry, I am sorry I didn’t contact you and I don’t need an answer tonight. I just happened to notice that the noncontractual repairs on the First Vehicle Service were astoundingly high.
Mrs. Jenkins: That is what I mentioned at the last meeting if you remember.
Mr. Buell: Is this going to continue?
Mrs. Jenkins: I mentioned that I got an analysis from Tim of what he thought we were going to need for additional funds in the budget. We have put that in. I said that I felt it was going to be a little bit low based upon what we have already spent. So we are well aware that it is running a little high right now.
Mr. Buell: Do we know why, the reason?
Mrs. Jenkins: Tim indicated that a lot of it is, them sort of getting back on top of things that they weren’t doing before. He did have some larger repairs on a couple of vehicles that were really expensive. That is pretty much it.
Mr. Rattner: Looks like there are quite a few accidents in there too.
Mrs. Jenkins: Yes, there are some accidents as well.
Mr. Rattner: I mean, let’s say exactly what it is. When you are replacing tires and wheels, which is a maintenance item, it means they hit something and there are a couple of other things windshields, which are going to happen this time of year. There is absolutely nothing that you can do. I mean it all goes in the mix.
President Greenbaum: Any other questions on the bill list? At this point in time, I noted that I saw a memo with respect to Verizon cell phone usage and we have finally have made some progress in terms of reducing that bill and significant progress. The Administration is to be applauded in terms of Scott Gaskill, in particular, in terms of bringing to fruition what this Council has requested for some period of time and I am sure I speak on behalf of the entire Council that it was a job well done. Any other questions on the bill list? Seeing none, we will move onto Ordinances for Public Hearing.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: The first ordinance for public hearing is Ord. #16-2006 entitled:
Ord. #16-2006 An Ordinance to Create the Position of Municipal Housing Liaison for the Purpose of Administering the Township of Mount Olive’s Affordable Housing Program Pursuant to the Fair Housing Act.
President Greenbaum: At the present time, I would open it up to the public for anyone who wishes to discuss this particular ordinance. Seeing none, I will close it to the public and would ask Mr. Buell to please move Ord. #16-2006 for approval.
Mr. Buell: Thank you, Mr. President. I move Ord. #16-2006 for passage and final approval.
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Is there any Council discussion? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ord. #16-2006 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.
ORDINANCES FOR FIRST READING (2nd reading June 13, 2006)
President Greenbaum: We have one ordinance on tonight for first reading, with second reading being on June 13, 2006, it is Ord. #17-2006 entitled:
Ord. #17-2006 Township of Mount Olive, Morris County, New Jersey Calendar Year 2006 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a CAP Bank.(N.J.S.A. 40A-4-45.14)
President Greenbaum: Mr. Biondi, could you please move that for first reading.
Mr. Biondi: Mr. President, I move that Ordinance # 17-2006 be introduced by title, and passed on first reading, and that a meeting be held on June 13, 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. Buell: Second.
President Greenbaum: Moved and seconded. Is there any Council discussion? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
President Greenbaum: At this point in time, we are up to the 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.
1. Resolution to Introduce the 2006 Municipal Budget.
2. Resolution to Introduce the 2006 Solid Waste Collection District Budget.
3. Resolution of the Township Council of the Township of Mount Olive Resolving Tax Appeals Filed by Albert Burlando for the Years 2004, 2005 and 2006.
4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Limiting Lifting of the Noise Ordinance for the American Cancer Society’s Relay for Life.
5. Resolution of the Township Council of the Township of Mount Olive Supporting the Amendment to the Binding Arbitration Statute.
6. Resolution of the Township Council of the Township of Mount Olive Approving an Agreement with the Passaic Valley Sewerage Commission for the Disposal of Sludge. (revised)*
7. Resolution of the Township Council of the Township of Mount Olive Authorizing Approval of a Revised Memorandum of Understanding Between the Township of Mount Olive and the Morris County Integrated Justice Information System.
8. Resolution of the Township Council of the Township of Mount Olive Establishing a Special Public Meeting on Tuesday, May 16, 2006, for the Purpose of Adopting a Resolution in Connection with the Defeated School Budget.
9. Resolution of the Township Council of the Township of Mount Olive Authorizing an Electronic Filing Program for Tax Information with Data Trace.*(received)
10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Variance Relief and Amended Preliminary and Final Site Plan Approval Between the Township of Mount Olive and Givaudan Fragrances, Applications 06-02 ZBA and 06-03 ZBA as to Phase I Only.* (received)
President Greenbaum: At this point in time there are 10 resolutions on the Consent Resolutions Agenda. Does any Councilmember wish to have any of the 10 removed and placed on the Non-Consent list?
Mr. Buell: Number five.
President Greenbaum: Are there any other resolutions that the Council wishes to have removed and put on the Non-Consent? Seeing none, I would ask that Mr. Perkins to move #1-4 and #6-10 for approval.
Mr. Perkins: Thank you, Mr. President. I move for Consent Resolutions #1-4 and #6-10 for adoption and final passage.
Mr. Rattner: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda? Seeing none, I close it to the public. Is there any Councilmember who wishes to have a brief clarifying comment with respect to any of the resolutions on the Consent Resolutions Agenda? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
RESOLUTIONS NON CONSENT
President Greenbaum: We are up to the Non Consent Resolutions Agenda. The first resolution is:
5. Resolution of the Township Council of the Township of Mount Olive Supporting the Amendment to the Binding Arbitration Statute.
President Greenbaum: Mr. Buell, could you please move that.
Mr. Buell: I move Resolution #5.
President Greenbaum: Is there a second?
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on Resolution #5? Seeing none, I close it to the public. Mr. Buell, comment?
Mr. Buell: Yes, I just want to have a clarifying statement. I see the resolution has been changed significantly. The language at least has been modified significantly from last week. Has anybody checked with the Chief of Police to determine whether or not this is acceptable to him?
Mrs. Lashway: I forwarded the resolution to him. He asked that two of the whereas’s be removed and I removed them. This is approved by him, still not fully supportive of it but he has approved this version of it.
President Greenbaum: Does anyone else have any comments? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The next resolution on the Non Consent Resolutions list is:
11. Resolution of the Township Council of the Township of Mount Olive Overriding the Mayor’s Veto of Ordinance No. 15-2006 Entitled “An Ordinance of the Township of Mount Olive Fixing Rates of Compensation for Elected Officials.
President Greenbaum: Mr. Buell, could you move that for approval?
Mr. Buell: I move Resolution #11.
President Greenbaum: Is there a second.
Mr. Biondi: Second.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Is there anyone from the public who wishes to be heard on Resolution #11? This is on the Non Consent it requires a super majority of Council, five votes in favor to override the Mayor’s veto. Is there any Councilmember who wishes to comment?
Mr. Rattner: Yes. I mean some of the words that the Mayor used in his veto action just had to be responded to. He said by us reducing the salaries of elected officials, the action is equal to a taking or of theft of services without just compensation. What I think is interesting is, the big complaint he has this time is he is saying we are doing it retroactively. He knew what we were doing. However, last year we passed a similar ordinance.
President Greenbaum: Resolution.
Mr. Rattner: Resolution, and we did it from the time the budget was approved going forward and he vetoed that. He also vetoed it at the end of the year so that we did not have time to override it. Now that ended up with an interesting situation because we made sure there wasn’t enough money in the budget to pay full salaries to everybody. When the Administration presented us with the budget for introduction or approval, it was discovered at that time that the Administration had taken out all the salaries of elected officials, 100%. I noticed it and at the next meeting, I mentioned it. I also said that I felt that was an intentional attempt by the Mayor to embarrass the Council by having me, who he knew would probably find it, ask that they put money back in the budget for elected officials but because of our budget laws you can’t do that until November and you have to do it only if you have existing funds. So, came the Administrator at the time didn’t remember that going on, went back to the tapes, and said that I was absolutely right that we were cutting our salaries 50% not 100%. Going forward the Administration, correctly at that time, stated it could not be changed at that point and we would have to wait until November if we still wanted to move ahead. In November, a resolution appeared at the Mayor’s direction that put back 100% of salaries, much more than we had agreed to and asked me to put it into the budget. It was discovered, we corrected the numbers, and the additional monies were put back in. At that time, we also passed a resolution because the Mayor said that the people, and it was a quote, “The people elected me to pay me $7,000 and I want my $7,000.” He actually said that. The next thing that happened after we passed the resolution, even before we got his veto, he instructed through the Administrator, to have a special check written and take the money from any money set aside for Council salaries and give it all to him. So he could get his full $7,000 and the Council got less than the 50%. Going forward, that we said we would accept because we wanted to show that we were doing our part in the budget. For him to put in to say that the action is equal to taking or theft after he did something so cheesy as that is just ridiculous. Also, after what I read in the news paper, I was out of town for a week and I can’t believe that the news follows me but theft, taking or theft, that he is going to be insured his money. What we did this year, we didn’t put the money in the budget until we got this approved. What we are going to have to do tonight is to override the Mayor’s veto to insure that he does not try and go out and steal the Council’s salaries budget. Thank you.
President Greenbaum: Thank you. Is there anyone else with any comments on this? Roll Call please.
ROLL CALL: Passed Unanimously
12. Resolution Supporting $4.3 Billion in FY Funding for the Community Development Block Grant Program.
President Greenbaum: Mr. Rattner do you want to move that please?
Mr. Rattner: Yes. I move Resolution #12.
Mr. Perkins: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Moved and seconded, is there anyone from the public who wishes to be heard? Any Council discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to motions
1. Approval of a Taxi permit for Sohail Anjum.
President Greenbaum: Mr. Biondi, do you want to move that Taxi permit?
Mr. Biondi: I move for Taxi permit for approval of Sohail Anjum.
Mr. Perkins: Second.
President Greenbaum: Any discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Mrs. Labow, do you want to move the Raffle Applications please.
Mrs. Labow: I actually have to....
President Greenbaum: You have to abstain?
Mrs. Labow: Yes.
President Greenbaum: Mr. Perkins.
Mr. Perkins: Thank you, Mr. President. I move for:
2. Approval of Raffle Application #2137 for the Budd Lake Volunteer Fire Co.; Raffle Application #2138 and Bingo Application #2139 for the Mt. Olive High School Band Boosters Association; Raffle Application #2140 for the Parents Club Mt. Olive High School and Raffle Application #2141 & #2142 for the Mt. Olive Child Care & Learning Center.
Mr. Buell: Second.
President Greenbaum: It has been moved and seconded. Mr. Buell, the reason I didn’t have you move that is because I was punishing you for chastising the Chair for missing the bill list.
Mr. Buell: Oh, okay. Thank you very much. Sometimes I have a hard time reading those.
President Greenbaum: Any discussion on the Raffle Applications? Roll Call please.
ROLL CALL: Passed Unanimously with the exception, Mrs. Labow abstains on #2140,
Mr. Rattner abstained #2141, #2142
3. Bill List
President Greenbaum: Mr. Buell, I am going to let you move the Bill List.
Mr. Buell: I move the Bill List.
Mr. Biondi: Second.
President Greenbaum: Any discussion? Roll Call please.
ROLL CALL: Passed Unanimously
Library Board Report
President Greenbaum: Administrative Matters, Mr. Prill, do you have anything with respect to the library?
Mr. Prill: We have received no further information from them.
President Greenbaum: When is the next Library Board Meeting?
Mrs. Labow: Tomorrow.
President Greenbaum: Tomorrow? When is the next payment due to the Library Board in terms of contributions?
Mrs. Jenkins: July.
President Greenbaum: July? Had there been any accounting issues with respect to them actually doing their payroll? Have we had any issues, any problems?
Mrs. Jenkins: We have had some problems with the pension.
President Greenbaum: Okay, can you give us an update in terms of any, all issues with respect to the Library that we have prior to us making their next contribution payment? Thank you. Do you have any other Administrative Matters, Mr. Prill?
Mr. Prill: Nothing other than what is on the Agenda.
Status of Library Grant Monies to be Turned Over to Twp.
President Greenbaum: Up to Old Business, status of Library grant monies to be turned over to the Township. Have we heard anything back from the Library?
Mr. Prill: No, we have not.
Mrs. Labow: Did Mr. Dorsey get a copy of that resolution?
President Greenbaum: Which resolution?
Mrs. Labow: That we were talking about last week.
President Greenbaum: I wasn’t here last week.
Mrs. Labow: Oh, I am sorry. Lisa faxed it to you, do you remember getting that?
President Greenbaum: The resolution related to the Library Board, the money having to be turned over to the CFO for it to be placed in a special account?
Mrs. Lashway: I faxed it to you.
Mr. Dorsey: I didn’t see it.
Mrs. Lashway: It was a letter from Rob to Rita with the resolution attached.
President Greenbaum: Okay, let’s make sure Mr. Dorsey gets another copy of that. Thank you.
Status of Kings Village Issues
President Greenbaum: Status of Kings Village issues. Did we get anything from Kings Village?
Mr. Buell: No, we still have not. I tried to call the person several times and she is not returning my calls. I am hoping she has not gotten sick or something hasn’t gone wrong with her. I will see if I can get in touch with her.
Status of Charters Farm
President Greenbaum: Status of Charter Farms in terms of remediation and sale of the property, Mr. Prill?
Mr. Prill: Bids are being received tomorrow morning so I will have a report out to Council following receipt of bids.
President Greenbaum: Okay. Are we keeping the County educated in terms of the progress we are making in terms of the resolutions of the issues?
Mr. Prill: They did receive a copy of that, the chronological history that I put together. We will let them know what the results of the bids are.
Status of Mine Hill Road Improvements
President Greenbaum: Status of Mine Hill Road improvements. I know that there was some correspondence on that. Mr. Prill?
Mr. Prill: I had put together another letter and sent it over to the Administrator in Washington Township just asking them to reconsider their position that they are taking in terms of not providing funding in this year’s budget to join us in performing some improvements down there. I haven’t received any response back to that letter.
Mr. Rattner: Mr. Prill, I think the last time Mr. Quinn said how much it would cost to mill and do half of the road was somewhere around $30,000? I am not holding him to it...my recollection. We tried calling, not just by a letter but talking to the Administrator over there first finding out that if we do half the road for $30,000, to do the whole road is not going to be $60,000. It is going to be an incremental expense. So we can tell them that we are already going ahead just like you did, do in your letter and just say that for the $20,000, if they would reimburse us we would just put it under the contract and do it that way. Once they know instead of just saying, without really anymore detail because I have told the people I talked to over there is, we are going to make one side of the road look really nice and embarrass you. They said they couldn’t be embarrassed on that but that may be one way. If it is only going to be an incremental $15,000 or $20,000 which, it might be, you know, once you mobilize and everything else, you have just as much time probably, on half a road as you would on a whole road and just do it that way. I understand we’re not going to get a 50-50 split but it is probably 95% of our residents that are being affected. That is why they do not care, they don’t have anybody. I had the same issue when I was about nine years old when I lived in Rockaway in White Meadow. When Rockaway Borough refused to pave White Meadow Road which came into the development and all they did is, the Property Owners Association got together and told the business owner, that is in Rockaway Borough that they would stop doing any business there, and they did the road very quickly. So I think one of the things we have to do is just say how much it is, if it is $15,000 or $20,000, I cannot see where they wouldn’t want to do it and at least have their road in good shape too.
Mr. Biondi: We did talk about that at last week’s meeting when Mr. Perkins wasn’t here and we did assume that we were going to do it because it is ridiculous not to do it, not for that kind of money.
Mr. Buell: Actually, we are scheduled on Washington Township’s Council Meeting, three of us on the 14th of June. We were supposed to be there tomorrow evening but they are having school budget issues. So we will be talking to the Council, at least Mr. Tepper, Colleen and myself are going to go....
Mr. Rattner: If we could get a dollar figure and call the Administrator first off maybe we can resolve it because they probably have no idea. When we were talking last time, we were talking about $100,000 just for the engineering and then something else because we were talking about major reconstruction. Here, all we are talking about is just simple milling and paving what our former business administrator said, I was just pandering.
Mr. Buell: Yes, you were.
Mr. Rattner: To the public, that is all we can get done because that is practical.
Mr. Buell: If I had that figure, I think that would arm us with the information.....
Mr. Rattner: I think if they know how little it is they may not want to argue with it and just to try to keep peace with an area in town because we have worked on other things together.
Mr. Buell: That is a good idea, I like that.
President Greenbaum: Okay, so we are going to keep it on. We would like to have a number from the Administration in terms of the cost of the entire project.....
Mr. Buell: Yes, before the 14th of June.
President Greenbaum: We are going to keep it on for next week. Actually, for the next public meeting, under Old Business.
Old & New Capital for the Flanders Fire Co.
President Greenbaum: Next item is old and new capital for the Flanders Fire Co. I am going to put that off for a workshop until next week and I will invite Flanders to come in to discuss all of those issues.
Mr. Buell: Okay, could you also put mulch fires at International Trade Center or ITC Crossing?
President Greenbaum: Yes.
Mr. Buell: We have had 40 mulch fires up at International Trade Crossing in the last two weeks.
President Greenbaum: Yes, we will put that on as well.
Old Capital – Beach Area Restoration
President Greenbaum: Old capital, beach area restoration.
Mr. Prill: The last meeting we discussed or I brought up the need for us to be moving forward with the restoration work of the parking lot area as well as expanding the beach and installing fencing down at the beach. If we are going to have any chance of getting, at least the parking lot done prior to the Memorial Day parade, Tim needs to be moving forward as quickly as possible. The additional beach sand being brought in can be done shortly after that and then the final step would be the installation of fencing down there. At last week’s meeting there was an issue discussed with regards to the fencing. I have forwarded information to Mr. Dorsey for his review which was requested. We need Council to give us a final decision on using old capital funds to finish that project off.
Mr. Buell: How much do you need?
President Greenbaum: What is the cost, what’s needed?
Mr. Dorsey: I think I answered the issue with the fence. If you read the first section of the specifications, I clearly have the impression that the specs we are talking about, permanent fencing to remain after the demolition had been completed. I just can’t read it any other way. Now there are other portions of the specs that do speak about temporary fencing. In a sense I think it is probably true, that the specs within themselves and I don’t even know who drew the specs, are inconsistent within themselves as to which fencing was to be permanent and which fencing was to be temporary. The clause that Mr. Rattner found, which I think was on the very first page, I don’t see how you can read that and not think that the specs were talking about permanent fencing.
President Greenbaum: Notwithstanding that fact, I think we need to move forward with the authorization to allow the work to be completed and to try and get back the money for the permanent fencing, which we were not supplied with. I think a letter should be drafted to the contractor indicating that the specifications required permanent fencing, whether it is done before, that they put it up or we will be seeking to be compensated for our cost of putting it up. I would like to see the letter go out first, rather than later. Is everyone in agreement?
Mr. Perkins: Mr. President, that is not going to preclude them from going forward with the sand and the parking, correct?
President Greenbaum: Well, I think all of it needs to be done. If the contractor is not willing to step up to the plate to put in the fencing, then at some point we need to move forward with that. When I say we, the Administration, with the Council’s agreement here this evening, to move forward and to put up that fencing and to seek to have the money paid back to us for the fencing which we are entitled to under the specifications. So the Council has given you agreement to move forward with $20,000 worth of renovations to the beach project including the sand, the fencing etc. again with the... under the assumption that you will first seek to have the fencing put in by the contractor and if they do not agree to do that, to seek compensation from them for us having to put it in.
Mr. Rattner: I think what the Administrator said, and I think he is saying the same thing, he says he wants to move right away because of the holiday coming up with the parking lot first because that is where the parade is ending. So it is a safety issue. The sand, which I don’t believe had anything to do with the demolition of the building that is actually separate and then he was talking about the fence next, in that order. I think that is the appropriate way to go and that is not really much different from what you are saying about the letter going out first. The parking lot and the sand which he wants to do right away, is probably very important and it had nothing to do with the demolition of the building.
President Greenbaum: I think we are all in agreement on that.
Mr. Rattner: I just wanted to say, I think it was saying the same thing.
President Greenbaum: Okay, is there any other Old Business? Any New Business? At this point in time.....you got your hand up too late Steve.
Mr. Rattner: No I don’t.
President Greenbaum: Let’s take a vote, who says Steve got his hand up too late.... Alright Steve, go ahead.
Mr. Rattner: The issue has come up again with boat ramp next to the Boat House and it appears that an adjoining property owner has trespassed on Township property and put his own locked solid steel barrier. I believe that the Administration is aware of it. I guess what comes up is what right does any private citizen have to trespass on Township property for any reason? I heard one of the reasons given was that the people on the ramp, which is interesting, are vandalizing his house because kids have been in there or something but we found on our Township property, we have had that almost everywhere. We have the problems with Turkey Brook but I haven’t seen anybody on Sunset trying to put a chain across Turkey Brook so the people can’t use it. It probably isn’t much different. I think we have to get that resolved. Last year, what we agreed on is we were putting on a saw horse with a no trespassing sign because we didn’t want to accept any liability, which I really didn’t understand for a simple boat ramp. You operate at your own risk as long as you keep it clean. So that residents of the town, so for the once a year...twice a year, once so they could put a boat in the water and take it out, they had a place to do it. In fact, I believe last fall, Mr. Casey actually called for a special weekend. We actually advertised it. So the issue comes up, what do we do with a fence put across Township property by a private citizen?
Mr. Dorsey: After that speech, did you want me to answer?
Mr. Rattner: Yes.
Mr. Dorsey: I want to say this. Most people in the public have the right to access and cross public property. It is public property and therefore they have the right to access it. What they don’t have is the right to interfere with other members of the public utilizing the same property for purposes which are authorized by the municipality and if there is anyone that doesn’t have a right to interfere with the use of this dock which is located on Lot 52, it is indeed Mr. Hashemi because Mr. Hashemi as far as I am concerned, is bound by his testimony before the Board of Adjustment in connection with one of his applications in that connection which specifically testified that the dock in question as I understand it is on Lot 52, owned by the Township and not on his lot, which was 52.05 and he also went so far as I understand it, to submit a survey to the Board of Adjustment showing that the dock was not on his property but on another piece of property. Now, I think Mr. Hashemi has barred himself clearly, convincingly by his statements in terms of doing anything in connection with this dock. I just want to say for my own protection, I have never made a title search, never have been requested to make a title search but clearly, Mr. Hashemi should be barred based upon his own statements and the survey that he produced of his property.
President Greenbaum: I don’t think that he is even claiming that it is his. He is just simply negating any one’s right to use our ramp and I think that this Council should make a very clear statement by way of resolution this evening that I would ask Mr. Dorsey to draft on the fly indicating that we are opening that ramp for use by Township residents to both place their crafts in the water and to take them out of the water, that a sign should be posted that the ramp is being used at their own risk and that anyone who blocks access to that ramp unlawfully is subject to the full punishment under the law.
Mr. Dorsey: RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MOUNT OLIVE RE: BOAT RAMP ON SANDSHORE & NETCONG ROADS
WHEREAS, the Township Council, the Township of Mount Olive has been
confronted from time to time, with the issue at to whether or not the ramp located on Lot
52, Block 2700 is indeed an area and facility which is opened to the public specifically
for the purpose of launching boats; and
WHEREAS, considerable discussion has arisen over the last week because
adjoining property owners have attempted to erect a gate and forbid the public from
utilizing that ramp at Lot 52. The Township wants to make it clear that, that
ramp is there for public use by residents of Mount Olive Township.
NOW, THEREFORE, BE IT RESOLVED by Township Council, Township Mount
Olive as follows:
1. The ramp located on Lot 52 and Block 2700 is specifically authorized and designated for public use and for the real sole public use of launching boats into Budd Lake.
2. The Administration shall post signs to the effect that the ramp is to be utilized or those that utilize the ramp, shall do so at their own risk and the Township assumes no liability in terms of their using it.
3. If anyone attempts to interfere with the public’s right to utilize the ramp for the authorized purposes, the police are directed to take appropriate action against those persons or person.
Mr. Rattner: So moved.
President Greenbaum: It has been moved. Is there a second?
Mr. Biondi: Second.
President Greenbaum: Is there anyone from the public who wishes to be heard on that resolution? Seeing none, is there any Councilmember? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Any other new matters?
Mr. Rattner: I just want add something. I ask that the Administration obviously cut the chains, should probably bill the person that put it across for the labor of taking it down and disposing of it but also...
President Greenbaum: I think at this point in time we should move on with the business at hand and we have passed a resolution indicating the Township’s position on the matter and that anything on a going forward basis which is done to prevent access to that boat ramp should be dealt with under the terms and the appropriate laws that are in place.
Mr. Rattner: How will Mr. Hashemi be notified and when?
President Greenbaum: I don’t think that there is a requirement...
Mr. Dorsey: Not from the Council.
President Greenbaum: Yes, it’s not.....
Mr. Rattner: No, I am asking the Administration because it doesn’t make any sense if we don’t tell anybody.
Mr. Biondi: Who goes in and takes the chain down? Can we do that legally?
Mr. Tepper: Oh, yes, that is on our property.
Mr. Biondi: Okay, I am just asking a question. I don’t think he needs to be notified.
President Greenbaum: That is not a Council issue, except Mr. Prill, and the Council feels it might be appropriate to notify anybody who might have an interest in, that the administration can identify, that might have or has had an interest in blocking that access to that ramp that the Council has taken such appropriate action.
Mr. Rattner: We have to make sure that our Public Works Department makes sure that it stays in a safe condition even though it is at our own risk. We have to make sure there isn’t a lot of junk there and if there are complaints about vandalism at the house, then the police department should be notified so they can do extra patrols. We understand what could happen when there are kids in the house.
Mrs. Labow: The house or the restaurant?
Mr. Rattner: The restaurant, the house, or whatever he calls it.
Mrs. Labow: It has been brought to my attention that the Budd Lake Fire Department is currently selling one of their Chief’s cars, that they are going to be getting a four wheel drive vehicle and it is $7,500 and a 2000, I think it is a Crown Victoria, with only 58,000 miles and I was asked by.....well, suggested by the Health Department, that perhaps, we could entertain the thought of purchasing that for the vehicle that they have been needing for the meals on wheels and for bringing some of the seniors to their doctors appointments. With the cost of only $7,500 and it has been used by the Township, low mileage and I would like to know how we could go about possibly doing that.
President Greenbaum: Is there money in the budget?
Mr. Prill: Well, not specifically for that, no.
President Greenbaum: So, where would you suggest the money come from Mrs. Labow?
Mrs. Labow: That is what I am trying to find out, if there is any money anywhere, if it is a good idea, if it is not totally expensive. Oh, Ray’s got a check... he could donate it.
President Greenbaum: I would ask that you propose the question to the Administration that the Board of Health believes that it would be a good way to resolve an outstanding issue and to make an effort to find money in the budget that could be appropriately spent for the purchase of that vehicle and we will put it back on the agenda.
Mr. Prill: I was just going to say. It can’t hurt to at least talk to them to see whether or not there might be some arrangements that can be made, whether it be this year or possibly next year as a credit to their contribution, something that they might be willing to accept given the fact that we don’t have money specifically earmarked for that purpose in this year’s budget.
Mrs. Labow: I did find out that, that car was purchased through their Association. It wasn’t in the municipal budget but could you check?
President Greenbaum: It is irrelevant how it was purchased. The question is how it can be dealt with in terms of making it Township property in lieu of some future consideration. I would like for you to explore that. We will keep it on the Agenda for two weeks and bring it back to the public meeting on the 23rd, I guess it is?
Mr. Labow: Thank you.
Mr. Buell: Yes, and I don’t want to discuss this. I would like to get a report from Administration. There has been a lot said about the Mayor’s lawnmower disappearing, a lot of issues there. I would like a full report including the age of the lawnmower, what happened, did anybody take a picture of this lawnmower.
President Greenbaum: Mr. Prill, could you give us something at the workshop next week with respect to the lawnmower issue?
Mr. Prill: Yes.
President Greenbaum: Thank you, the specifics and where the lawnmower can be viewed in its current state. Any other New Business? Seeing none, we will go to Legal Matters.
Mr. Dorsey: Yes, two things. I am pleased to say that this week I was finally able to deliver to Sherry the $500,000 from the settlement with Olympus that we arranged late last December. I thought Sherry might have mentioned that but she didn’t. As you know, the Appellate Division ruled against the Planning Board, essentially the Township, in connection with the appeal as to the appropriate extension of time and the approvals of both ARD and Toll Brothers. It is my understanding that the Planning Board, at executive session or at a session a week or two ago, determined that they would take the next step. The next step is a petition for certification to the Supreme Court. That action in of it self does not delay Toll from commencing its clearing activities. Fred, in my office, and Ed Buzak and myself had discussions with Toll. The matter is returnable before Judge Bozonelis next Monday on the 15th. It is my understanding now that we have agreed that Toll would limit any clearing within the Morris Chase Development to the area which is designated, the seven acres where they are going to develop their well system for their water system and not clear throughout the track. That has not yet been finalized but I think that will be the outcome. No one can predict what the Supreme Court will do but they surely do not grant every petition for certification that is filed with them.
President Greenbaum: Any other legal matters?
Mr. Dorsey: That’s it.
President Greenbaum: Okay. Council Reports.
Recreation Liaison Report
Mr. Biondi: Thank you, it was a very spirited meeting last week. Along with the normal things that we discussed like the Master Plan and craft day being cancelled and all that good stuff, there was a presentation made to move the veteran’s memorial to Turkey Brook Park. It’s a very lengthy report. It is going to be part of an Eagle Scout project. I weighed in on certain things that I felt that I would like to see there. We are talking about $150,000 investment according to Charlie Uhrmann who is kind of
spearheading this. Well she is trying to anyway without any monies being spent by the Township which is a good thing. It looks to be a very doable project. I had some issues with how it was going to be utilized as far as the Township is concerned. All memorials that I have seen anywhere have basically been limited to the people in the Township, people that have lived in the Township, people that served in the service that live in the Township. They are looking to do something called Memorial for the Veteran’s of all Wars which is going to open it up to everybody. That is obviously going to be something that is going to have to come before the Council. It looks like a very viable project at this point and it is going to go on from there. Unfortunately, I can’t make the mutual facilities meeting tomorrow night. I am going to be in Maryland. Mr. Buell is going to fill in for me and there are some serious issues with mutual facilities in this Township where recreation is concerned and where the Board of Education is concerned. Mr. Buell has been involved in it already and he is going to fill in for me tomorrow night.
Mr. Buell: Just to add onto that. I supplied everybody with a letter from Noreen Risko. I asked all of you to read that. Much of the material in terms of what is obviously an issue is contained in that. I think it is serious enough that I would like Mr. Prill, if you could come to this meeting tomorrow night. I know Mr. Sluka, Mr. Stansberry and possibly Mr. McEntee. Mr. Lynch and Mr. Quinn should also be at this meeting. They did discuss this at the Board of Education last night.
Mr. Buell (Cont’d): They credited our staff of the Building Maintenance Department, our Recreation Department, and they said they do wonderful jobs but it’s a situation that looks like it is coming off its wheels at this point in time.
Board of Health Report
Mrs. Labow: We meet next week.
Planning Board Report
Mr. Tepper: Two items, Mr. Dorsey has already mentioned Toll Brothers and taking it to Supreme Court. The second item, the first hearing was held on the K. Hovnanian adult development before the Planning Board and further meetings are scheduled. The next meeting is Thursday night of this week.
Mrs. Labow: May I ask a question about that?
President Greenbaum: Yes, you may.
Mrs. Labow: Mr. Tepper, do you have any idea what the Board’s position is, I understand, on the waiving of the tree ordinance. Has that been discussed yet?
Mr. Tepper: Informally it has been and we also have two members of the Environmental Commission that are on there. You have several members that don’t want to see a waiver and others that are willing to work with them. It has not been formally reviewed.
Mrs. Labow: When is the next meeting?
Mr. Tepper: The meeting of the Planning Board is this Thursday. That one I don’t believe is on the agenda until next month.
Mrs. Labow: Could you let me know when it is?
Mr. Tepper: Yes.
Mrs. Labow: Thank you.
Board of Adjustment Liaison Report
Mr. Perkins: Meeting this Monday, Mr. President.
Open Space Committee Report
Mrs. Labow: We met last night and the topics of discussion included the memorial proposed of the new war memorial and park area and everything at Turkey Brook Park. The Open Space Committee had some concerns about the safety for the proposed....what is it called, the vault for the burning of the flag. They are under the understanding that it has to be opened up by way of a backhoe. They are concerned about the burning and they are not really sure if we can even have this type facility at Turkey Brook Park because it is open space funds. So they were going to research that and see if it is permissible.
President Greenbaum: Why would someone think you couldn’t have it?
Mrs. Labow: That was their concern. They are going to find out if there are some kind of restrictions. It is an unusual.....
Mr. Biondi: It is a safety issue. It has already been addressed in that, that vault, the cover on that vault is going to be heavy enough that two, three, four people can’t pick it up. It is going to have to be moved with a backhoe.
President Greenbaum: I envisioned the flag burning to be a ceremony......
Mr. Biondi: Absolutely.
President Greenbaum: It would be conducted at a minimal timeframe.
Mr. Biondi: It is only going to happen three times a year. So I don’t know where that is coming from.
President Greenbaum: I am trying to get at, what the environmental Committee even thinks that...
Mrs. Labow: Open Space.
President Greenbaum: Oh, the Open Space Committee believes that there may be an issue as to whether or not it is prohibited.
Mr. Biondi: I don’t know.
Mrs. Labow: They want to double check and just see because that was their concern and that is what they are going to do.
President Greenbaum: Well, what fact were they looking at to even consider that as an issue?
Mrs. Labow: Their thought process on it was that there were some restrictions with Green Acres and they just wanted to check with Green Acres to find out if this was an acceptable project for a Green Acres property.
President Greenbaum: Okay.
Mr. Rattner: The only issue there that I saw, I talked with Bill Sohl, is that being in the preservation zone and dealing with the DEP to get your letter of consistency or whatever it is immediately because what the law states very plainly is, you can only increase impervious coverage 20% and that includes parks. I don’t know when we got the approvals for the parking lots, you know where the pavilion is, so we should get that on the front end so we know what we can do. Part of the things like the paving, the bricks and other things, that may not be able to be done. So we should know that on the front end or it may be exempt. Let’s instead of getting too far do that early on.
Mr. Buell: Steve, Mr. Casey looked at that and he made the assumption, I presume, he went ahead with the applications on the basis that the Turkey Brook Park improvements had already been approved including the parking lot and the pavilion as the original application back in 1999 or whatever?
Mr. Rattner: We need it in writing then we know how we can move ahead and they are pretty quick on that.
Mrs. Labow: Mr. President, the other concern that they had was they felt...basically their general thought process was the one memorial should not be moved from the current location. They felt once the beach has its new improvements that that would be a nice place that people could reflect. I disagreed, I told them I felt it should go to Turkey Brook Park. They are going to bring it back up again next month.
Legislative Committee Report
Mr. Biondi: Yes, I was in touch with the legislative office today. All four of those highway projects are underway for review. They are all at a 120 day review. All four of them, the review should be completed right around the 4th of July and we should have a written report on all four of them at that time. They are moving ahead finally after many years of not doing a thing.
President Greenbaum: Okay. Is that your entire report?
Mr. Biondi: Yes, that’s it.
Pride Committee Liaison Report
Mr. Perkins: Thank you, Mr. President. With the Memorial Day Parade coming up, the essays have been handed in from the middle school and the high school. They are being reviewed and two winners will be picked one from each and awarded savings bonds and just getting ready for the parade. That’s it.
Board of Education Liaison Report
Mr. Buell: Yes. Last night they met. Most of the meeting was taken up by a presentation of Dona Scheidecker of the Chester M. Stephens School. It was very interesting. I learned all about the migration of the monarch butterfly from New Jersey down to Mexico, the fact that monarch butterflies only live 30 days and die. It is fascinating stuff. Just very quickly. They are setting the final arrangements for the Mount Olive High School Graduation on June 23rd. It does not look like they are going to be using Turkey Brook Park as a parking lot. They are going to be using the Middle School, Chester M. Stephens and, I think, Mountain View is going to be the staging area. They are going to be bussing people in and out of the High School for the graduation. It is planned to be outside but anticipate that they may have to move inside. The renovations are ahead of schedule in all areas. They are still hoping to finish all of the classrooms, the science classrooms and all of the inside renovations by the time they return to school, at the end of September of next year. As I said earlier, they did discuss at a facilities meeting, which they closed the door on, they did discuss the issue that I related to you earlier. These are the problems that currently exist. They did make the statement, thanking our employees, saying that our Building and Grounds and our Recreation Department employees are doing a wonderful job. They are very appreciative, that there are some problems but they are being worked out. That is about the extent of the report.
President Greenbaum: Okay, and just so that everyone is up to date in terms of the School Board Budget Subcommittee. We met on several occasions, today we put a number of issues on the table in terms of proposed cuts. We are meeting Thursday night at 8:00 in the Court room to discuss those cuts in greater detail and we will be bringing back a recommendation from the committee. There is a special meeting scheduled for Tuesday. Anyone who wishes to discuss in advance the issues related to what the committee is looking at by way of cuts is welcome to either contact myself, Mr. Tepper or Mr. Buell.
Certainly any of the documentation which has been provided to Mr. Higgins is available to anyone who would like to see it in advance of our discussion on Tuesday. We need to obviously meet in subcommittee because it is not....there is no quorum because it is not an advertised meeting but it is open to the public.
Mr. Dorsey: Colleen passed to me the resolution dealing with the library and of course it is the resolution I drew three or four years ago and I take it the part that you are interested in is paragraph
(1) “All monies received either by the Township or the Board of Trustees of the Mount Olive Township Library, whether by a Grant from the State of New Jersey or a donation from a third party, shall be delivered to Sherry Jenkins,” the tenured CFO. Have they not done that?
Mrs. Jenkins: No.
Mr. Dorsey: When this resolution was adopted, it specifically calls upon it to be delivered by either the Chief Financial Officer or the Township Administrator, I don’t know who that was at the time, to the Library Board. I assume that was done?
Mrs. Jenkins: I don’t know. I can’t speak for that. I don’t know.
President Greenbaum: The resolution itself?
Mr. Dorsey: Yes.
President Greenbaum: Well, they certainly have a copy of it.
Mr. Dorsey: We are assuming. Now the resolution is to be delivered and there was to be a letter, I think, from the Chief Financial Officer if any explanation was needed.
Mrs. Jenkins: I did not hear that there was any further explanation needed.
Mr. Dorsey: Does anybody know what happened when they received this resolution?
President Greenbaum: They said they needed to speak to their attorney.
Mr. Dorsey: Okay. The resolution...
Mr. Rattner: The Board voted to take the money and buy tables.
Mrs. Labow: You mean originally.
Mr. Dorsey: I can’t tell what date the resolution, oh here it is, April 29, 2003. So that is three years ago and they have never turned over any of the money that they have received?
Mrs. Jenkins: No, we have gotten all the grant monies that they have gotten except for $100,000 that they are holding onto.
Mr. Dorsey: So, in other words, when we cut through the chase, tenured CFO, they acknowledged the resolution and its requirement for everything except the $100,000.
Mrs. Jenkins: Yes.
Mr. Dorsey: Are they withholding the $100,000 for the handicapped parking spaces or for some other reason?
Mrs. Jenkins: No, my understanding is that they are withholding the $100,000 because they believe that that may be money that is potentially owed back to the State because they spent less on the project then they originally anticipated that they were going to spend. As I said, my position has been, if the money is to be returned it should have been returned from our side because we are the ones that booked the grant in our records.
Mrs. Labow: They never turned over 3rd party contributions either.
Mr. Dorsey: Go through that more slowly. You say, if the money was to be received, was to be returned to the State, it should be returned by you rather than them?
Mrs. Jenkins: Yes.
Mr. Dorsey: What difference would that make?
Mrs. Jenkins: When we originally established this project and we set up the ordinance, we ran the grant through our records. We actually reduced what we were potentially going to bond by the amount of the grant that we anticipated we were going to get. We have the receivable on our books.
Mr. Dorsey: I am sorry, I didn’t hear you.
Mrs. Jenkins: We have the receivable for that grant, John, on our books.
Mr. Dorsey: Okay. That is more a book accounting issue right? Do we know when they will know when the State requires anything to be returned?
Mrs. Jenkins: I have been asking that and have gotten no response.
President Greenbaum: Why is that even relevant? Why is that relevant, John? The resolution is very clear that the money was to be kept by the CFO. The request has been made for the money to be turned over. To the extent that the money has to be paid back on the grant and can be paid back by the Township and I am concerned that they are holding onto money which they are not entitled to for use in the operation of the library which the Township will then not have the money to pay back in the event that is has to be paid back.
Mr. Dorsey: You are entirely correct Council President. My resolution was specific.
President Greenbaum: It was very specific and very clear.
Mr. Dorsey: Well, sometimes it’s just nice to know the answers to these questions.
President Greenbaum: Here is the issue. We have requested the money back several months ago and they refused to turn over the money. At which point in time we now have a contribution which is going to be due in July at which point we will subtract the amount of money which they are holding to put back into the escrow account and tell them to use the $100,000 which they are holding to use as part of their contribution.
Mr. Dorsey: I am sure that sooner or later that will lead to litigation which we are trying to avoid this year. So I would go back and if there is anyway that anyone can find out after three years if the State has made a determination they are not going to demand anything back, I mean at some point that claim has got to go by the wayside.
Mrs. Jenkins: I think the issue is, is that they want a final report on the project. That hasn’t been done because of the issues that are pending.
Mrs. Dorsey: I am sorry Sherry, I can’t hear you.
Mrs. Jenkins: I said. There hasn’t been a final report submitted with respect to the monies that have been spent because there are pending issues over there relative to construction.
Mr. Dorsey: You mean because of the...
Mrs. Jenkins: Which I think is why, whether their money needs to be returned or not, has not been addressed.
Mr. Dorsey: Okay and that has to do with the Blackstone.....
Mrs. Jenkins: Yes, exactly.
President Greenbaum: As far as I am concerned, it is all irrelevant. The money has to be turned over to Sherry to be held. The next issue is the lake and environmental issues......
Mr. Buell: Can I just add on really quickly the school board thing, the report. For the people in the press, the meetings of the subcommittee are open to the public and if the press would want to publish that people, are allowed to come.
Lake/Environment Issues Committee
Mr. Rattner: The big issue we already resolved tonight but I do want to mention something that was in the paper the last couple of days. It appears that the DEP without going through its normal rule making process has reclassified just about every body of water in New Jersey as impaired. What that means is that the standards, the buffers, types of treatment and what you can do on the water is very, very much restricted and it is getting very, very expensive. I don’t think the full impact has hit the public yet. I guess you have to read the right stuff. That can be a major impact, it may impact Toll Brothers.
Safety Committee Liaison
Mr. Perkins: Nothing to report.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Committee Report
Mr. Rattner: Nothing to report.
President Greenbaum: Is that committee even meeting?
Mr. Rattner: Yes, I wasn’t around this month. Last month I went to the meeting and if I count myself, there were two people there.
President Greenbaum: Mr. Prill, do we know whether or not the Economic Development Committee is coming forward with any recommendations in terms of developmental matters for the Township.
Mr. Prill: I have not been made aware of anything.
Mrs. Labow: Did we leave money in their budget or did we...
Mr. Rattner: We put a little bit of money in their budget, yes.
President Greenbaum: It is my hope, either this coming week or the week thereafter to come forward with a major project that will benefit the town significantly over the next year or two and that is being brought in part by the entire council. Mr. Rattner and I have been working on this issue for many months and I think that we have made some progress which will allow us to announce the project on a going forward basis which will generate significant tax dollars to the Township on an immediate basis and also will have a continuing ratable opportunity for the Township for years to come.
Mr. Dorsey: I want to mention one thing in connection with the Toll Brothers ARD litigation that is overlooked. The principle issue before the Court was whether or not the Planning Board was arbitrary and capricious in not granting to Toll and ARD an additional year. The Superior Court Law Division denied ARD any additional time under a specific statute that would have granted them additional time. In the Appellate Division it upheld the reversal of the Planning Board. It also upheld the denial of giving additional time to ARD under a specific statute where approvals are delayed because they are subject to being obtained from State agencies. It is very relevant in terms of the, so called, Phase II of that development. As I understand it, there is somewhere up to the neighborhood of 37 to 40 lots that are encumbered with wetlands and time is now running in which they must either get a DEP exemption or lose the right to develop those lots. The decision by the Appellate Division was not unexpected but disappointing but on the other hand it does have some favorable effect.
Solid Waste Advisory Committee Report
Mr. Tepper: Yes, two items. One, the committee has drafted a letter to the MUA regarding their proposed capacity expansion. It also forwarded a second item regarding a proposal received by an outside company, Trinity, offering to pay Mount Olive for some of its recyclables as compared to what the MUA currently does, asking for their response, would they be willing to meet similar conditions? We also asked Mr. Guenther with his background to come in and address several questions that we had based on his previous work and I believe Mr. Rattner will also be asked to provide some information.
President Greenbaum: You just added two and a half hours to your meeting.
Mr. Tepper: I am going to have the meeting with Steve prior to inviting him to the public meeting.
President Greenbaum: At this point in time, I would open it up to anyone from the public who wishes to be heard on any particular issue. Mr. Russell, if you would be so kind as to state your name and address please.
Nelson Russell, Budd Lake: Question on the Bill List. On page #8, check #12354 to Condit Truck Center shows, it appears to be two snow plows for $1,925 a piece, coming up to $3,850. Over on page #10 check #007603 is $3,850 also to Condit Truck Center. Is that a double payment or how many plows are we buying?
President Greenbaum: Is it split out of different accounts?
Mrs. Jenkins: Yes, it is being charged to water and sewer. This is the additional money that Tim needed for the plows. We did a separate resolution for it. The total was $7,700.
President Greenbaum: So it is the same plows. It is just split into two different accounts.
Mr. Russell: I thought we were getting three plows.
Mr. Biondi: There was a mistake the way that bid was written, if you remember, it was two plows instead of......
President Greenbaum: It was originally three it got modified to two.
Mr. Russell: It looks like four plows are being purchased.
President Greenbaum: It is two plows split into two separate accounts.
Mrs. Labow: They just sent one with the three trucks and then we had to buy the plows separate. So we did get three plows, the two additional ones.
President Greenbaum: I stand corrected. Two plows, those two numbers both represent two different plows, the cost of which of each plow was $3,850.
Mr. Russell: Okay, just wondering, why the payments were done.....
President Greenbaum: Because we split them on two different accounts.
Mr. Russell: Oh, okay.
President Greenbaum: For accounting purposes.
Mr. Russell: Alright, thank you.
President Greenbaum: Thank you, anyone else from the public? Seeing none, I close it to the public.
President Greenbaum: We will have final Council comments at which time we will go into executive session to discuss the MOTPEA contract negotiations, exempt employee’s salaries, and a litigation matter. When we come out of executive session, we will take no further business action except to adjourn the meeting. At this point, any final comments Mr. Prill?
Mr. Prill: Nothing further.
Mr. Tepper: No, I do not.
Mr. Buell: None.
Mr. Biondi: No.
Mrs. Labow: No.
Mr. Perkins: No.
Mr. Rattner: Yes, we all up here, we are all doing a lot of work trying to solve different problems. We can say why are we are spending so much time doing it but we are doing it. One thing I wanted to report tonight. I sat down with the Planners of Morris, of the County of Morris, I asked them for some help, of helping us find a way in making Route 46 safer along from Village Green through Connelly, with the fact that the State has said we cannot have a light, that the Green Acres said we cannot improve the intersection by the Village Green which would make a heck of a lot of sense and be economical. Taking some of the crazy ideas, the people that were at the Green Acres remembers. One of the ideas on how to make the Hovnanian project a lot safer. They showed me. They came up with a plan that they think can solve a lot of the problems, provide a signaled light to the people in Country Oaks and provide the access through the Hovnanian. I saw just a draft of it tonight. They are going to give me the Tuesdays that they are available and they would like to make a presentation on how they would solve the problem. What brought it on is there have been a couple different applications along Route 46. The one they saw after Hovnanian was the shopping center or strip mall, whatever, that is being proposed by where the Brew Ha Ha is and when they looked at it, they thought they found a way of tying everything together. They looked at it, they think they have gone through dry property, those types of things and if you have developers that can offset the cost. So I am happy to report that at least they are going to give us an idea of something, that they may be able to do something, and hopefully....well in another week or so I will have a number of days that they will be available to give us a presentation.
Mrs. Labow: Who are they?
Mr. Rattner: This is the County of Morris, the Planning Department of Morris. They are principle planners. They came up helping me with an idea, agreeing it was a safety issue.
President Greenbaum: Thank you. Is that it Mr. Rattner?
Mr. Rattner: Yes.
President Greenbaum: I have several comments which I was prepared to make with respect to the Mayor’s veto and the language he used in terms of the job of Mayor and the responsibilities of Mayor. I think I will keep those comments to myself. At this point in time, Mr. Perkins, can you move us into executive session?
Executive Session – MOTPEA Contract Negotiations, Exempt Employee Salaries, Foote Litigation
Mr. Perkins: Yes, Mr. President. In accordance with section 7 & 8 of the Open Public Meetings Act, I make a motion to move into executive session to do discuss the MOTPEA contract negotiations, exempt employee’s salaries and the Foote Litigation.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
Mr. Dorsey: I resolved the Foote Litigation......
Motion to go in to the Executive Session made and seconded. All were in favor. The Executive Session started at 8:51 p.m. and ended at 9:09 p.m. The meeting reconvened and was adjourned at 9:09 p.m.
Robert J. Greenbaum
I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on June 13, 2006.
Lisa M. Lashway