Township Council Minutes
November 1 , 2005
The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:26 pm by Council President Greenbaum with the Pledge of Allegiance.
MOMENT OF REFLECTION
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL: Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner,
Mr. Perkins, President Greenbaum
Also Present: Mayor De La Roche; Sherry Jenkins, CFO; Robert Casey, Business Administrator; John Dorsey, Fred Semrau, Township Attorneys;
Lisa Lashway, Township Clerk
Questions on Bill List?
President Greenbaum: At this point do any Council members have questions on the Bill List for the Administration?
Mr. Rattner: It has to do more to with, I guess, procedure. Going through the Bill List, I noticed that we bought some clothing for the Fire Marshal’s department. My understanding, we have two employees and yet we bought 40 pieces of clothing, 20 tee shirts, 10 Outer Banks golf shirts, 10 Lee sweat shirts. I would imagine they have a certain amount of clothes now. That seems to be an awful large quantity to be buying especially when we are in a budget crunch. Also looking at certain shirts that are only used during the summer, yet we are going into the winter and we are buying summer shirts. So I am just wondering do we really have to buy that many?
Mr. Casey: I think it is emergency management. Let Sherry pull it up. Get Fred’s OEM.
Mr. Rattner: It says.....I just asked if it was the Fire Marshal.
Mr. Casey: Let us pull those and find out.
Mr. Rattner: Hey, if we got them, we got them, I was just....
Mr. Casey: Let me find out.
Mr. Rattner: It was charged to Fire Prevention’s budget.
Mrs. Jenkins: Do you have the check number and what was it exactly, Steve?
Mr. Rattner: Yes, check #49084.
Mrs. Jenkins: Thank you.
President Greenbaum: Any other Questions?
Mr. Perkins: Thank you, Mr. President. On check #049049 to Absolute Fire Protection, $12,315.00 for a damaged camera?
Mr. Casey: Yes.
Mr. Perkins: What kind of camera is $12,000?
Mr. Casey: Thermal.
Mr. Perkins: That is a thermal camera, do have a report on how it was damaged?
Mrs. Jenkins: I think it might be attached in here. I believe it is.
Mr. Rattner: I believe on the voucher it said that there was an insurance claim and all but $600.00 was covered by the insurance.
Mr. Casey: I don’t know how it was damaged.
Mr. Rattner: I don’t know how it was damaged but the insurance did cover it?
Mrs. Jenkins: Yes.
Mr. Perkins: So we are paying $12,000?
Mr. Rattner: No, $600.00, it is replacement cost.
Mrs. Jenkins: Yes, $600.00 was our net cost.
Mr. Rattner: $600.00 was basically our deductible or whatever it was. The insurance covered the rest.
President Greenbaum: Any other questions? Mr. Perkins was that your only question?
Mr. Perkins: That’s it.
President Greenbaum: Any other questions? Seeing none, we will move on.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
President Greenbaum: Approval of Minutes from previous meetings, there are none.
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received October 28, 2005, from David Pariseau, 7 Sunset Drive, Budd Lake regarding request to vacate Arlin Road.
RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS
2. Resolution received October 26, 2005, from Rockaway Township regarding funding of State Homeland Security grants to those municipalities by-passed from receiving grant funds through the Statewide Local Domestic Preparedness Equipment Program.
3. Resolution received October 26, 2005, from Township of Chester regarding support of Morris County Agriculture Development position on State Agriculture Development Committee proposed new rule regarding equine regulations.
4. Resolution received October 26, 2005, from Rockaway Township regarding spending limitations comparable to those required of municipalities, counties, authorities and school districts.
5. Resolution received October 28, 2005, from West Amwell Township regarding income eligibility limitations to the median regional income limits as established by the Council on Affordable Housing.
DOT / DEP / LOI
6. Letter received October 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Delineation under an acre. Applicant: Maroon Abraham Block 3001; Lot 2 (8 Third Street).
7. Letter received October 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Sullivan single family home Block 7000, Lot 88 (17 River Road) Agency Determination: Highlands Act – Exempt, Water Quality Management Plan – Consistent.
8. Letter received October 24, 205, from State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Line Verification Applicant: Mount Olive Township Schools Block 7600, Lot 86 & portion of 74 (Board of Education, 89 Route 46).
9. Letter received October 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Presence / Absence Determination Applicant: Bilinkas Companies Block 4100; Lot 33 (179 Route 46).
10. Letter received October 24, 2005, from State of New Jersey, Department of Environmental Protection regarding Musconetcong Sewerage Authority Wastewater Management Plan.
11. Letter received October 25, 2005, from State of New Jersey, Department of Environmental Protection regarding Compliance Evaluation and Assistance Inspection – Clover Hill Sewerage Treatment Plant.
12. Letter received October 26, 2005, from Maser Consulting regarding The Morris Companies Block 400, Lot 1 (217 Waterloo Valley Road).
13. Letter received October 28, 2005, from State of New Jersey, Department of Environmental Protection regarding Former Shell Service Station, Block 3109, Lot 8 (118 Route 46 & 14 Woodland Avenue, Budd Lake) Well Permit.
LEAGUE OF MUNICIPALITIES
14. Seminar Information received October 27, 2005, from New Jersey State League of Municipalities regarding Ethics Dilemmas for Elected Officials.
15. Seminar Information received October 27, 2005, from New Jersey State League of Municipalities regarding Municipal Web Sites: The Good, the Bad, and the Ugly, and how to make yours better.
16. Legislative Bulletin received October 28, 2005, from New Jersey State League of Municipalities regarding Bills that were enacted as the Public Laws of 2004-2005.
17. E-mail received October 25, 2005, from Morris County Chamber of Commerce regarding Complimentary Networking event Thursday, November 3, 2005.
18. E-mail received October 26, 2005, from Morris County Chamber of Commerce regarding New Jersey Devils v. Boston Bruins Event.
19. Registration info received October 27, 2005, from Rutgers regarding Traffic Engineering and Safety Forum.
20. E-mail received October 27, 2005, from Morris County Chamber of Commerce regarding 85th Annual meeting honoring Ellen Sandman.
21. Information received October 28, 2005, from New Jersey Department of Labor and Workforce Development regarding Seminar “Trains, Boats and Planes.”
22. Letter received October 24, 2005, from Senator Thomas Kean, Jr., Assemblyman Munoz, M.D., and Assemblyman Bramnick regarding Mount Olive Township’s resolution, which would allow municipalities to set their own fees for the licensing of dogs.
23. Fax received October 26, 2005, from Comcast regarding December channel changes.
President Greenbaum: There are 23 pieces of Correspondence. Does anyone wish to address any particular piece of Correspondence? Seeing none, we will move on.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: The first ordinance for public hearing is Ordinance #52-2005 entitled:
Ord. #52-2005 Bond Ordinance Providing for the Construction of a New Department of Public Works Facility and the Relocation of the Existing Facilities in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,900,000 Therefore and Authorizing the Issuance of $1,805,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.
President Greenbaum: Is there anyone from the public who wishes to address this particular ordinance? Seeing none, I close it to the public and would ask Mr. Perkins to please move Ordinance #52-2005.
Mr. Perkins: Thank you Mr. President. I move for adoption and final passage of Ordinance
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Is there any Council discussion?
Mr. Perkins: Correct me if I am wrong Mr. President, did the bids not come in higher than this?
President Greenbaum: No, actually the bids came in lower than this but were rejected because Mr. Casey felt that the way the bid had been presented, it came in $150,000 over engineering estimates for the bids that came in at $1.4 million and Mr. Casey’s thought was, that if you bid out the site work separate from the erection of the buildings, that it would actually result in about $150,000 in savings. Is that correct Mr. Casey?
Mr. Casey: Yes, and we are in the paper on Thursday to re-advertise the building which we will have... there will be a report for you scheduled for your next meeting on the 22nd. We are opening bids on the 19th for the buildings.
President Greenbaum: Any other questions?
Mr. Perkins: And we still think that will come within the Bond Ordinance?
Mr. Casey: The buildings will. The issue is all the ancillary site work. The building numbers are fairly good. It is the ancillary site work which has been pushing us.
President Greenbaum: Any other questions, comments? Roll Call.
ROLL CALL: Passed Unanimously, with the exception President Greenbaum voted No.
President Greenbaum: I hereby declare Ordinance #52-2005 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #53-2005 entitled:
Ord. #53-2005 An Ordinance to Amend Section 4-26, Establishment of Chapter 4, Administration of the Code of Ordinances to Provide for Severance Benefits for the Township Administrator.
President Greenbaum: Is there anyone from the public who wishes to be heard on this? Seeing none, I close it to the public. I would ask Mr. Buell to please move this.
Mr. Buell: I move Ordinance #53-2005.
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded. Any discussion? Mr. Rattner.
Mr. Rattner: I believe this ordinance is the one that we are going to vote down because we decided not to give those benefits to the new Business Administrator. This was done in the anticipation that if that is what it took to get a top flight working administrator in a town similar to, or larger size than ours, that we would have the availability in the final negotiations with the person that took the job. That was not included, so I do not believe it is appropriate to put this ordinance through.
President Greenbaum: Roll Call.
ROLL CALL: Defeated Unanimously with the exception, Mr. Perkins Abstained
President Greenbaum: Ordinance #53-2005 is defeated. The next ordinance for public hearing is Ordinance #54-2005 entitled:
Ord. #54-2005 An Ordinance to Amend and Supplement an Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk’s Office for the Year 2005 (Ordinance Number 46-2005)
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 would ask Mrs. Labow to please move Ordinance #54-2005.
Mrs. Labow: I move for adoption and final passage of Ordinance #54-2005.
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded, any Council discussion? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously, with the exception Mr. Perkins Abstained
President Greenbaum: Ordinance #54-2005 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.
ORDINANCES FOR FIRST READING – (2nd reading November 22, 2005)
President Greenbaum: We have one ordinance for first reading, second reading to be November 22, 2005, and this is the amended sex offender ordinance that we discussed during our Workshop.
Ord. # 56-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender Residency Provisions. (Previously Ord. 35-2005)
President Greenbaum: Mr. Mund, would you do us the honors this evening as your last Council meeting to please move for first hearing Ordinance #56-2005.
Mr. Mund: Thank you, Mr. President. I move that Ordinance #56-2005 be introduced by title, and passed on first reading, and that a meeting be held on November 22, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, NJ, for a public hearing, consideration of second reading and passage of said ordinance, and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.
Mr. Perkins: Second.
President Greenbaum: It has been moved and seconded. Any Council discussion? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.
1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Amended Preliminary and Final Subdivision Approval Between the Township of Mount Olive and KMN Development.
2. Resolution of the Township Council of the Township of Mount Olive of Requesting Approval from the Director of the Division of Local Government Services For Insertion of a Specific Item of Revenue into the 2005 Municipal Budget ($7,119.77 for a Recycling Tonnage Grant)
3. Resolution providing for the Transfer of 2005 Budget Appropriations for the Current Fund Budget.
4. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for the Insertion of a Specific Item of Revenue into the 2005 Municipal Budget ($1,140.00 for Alcohol, Education & Rehabilitation)
5. Resolution of the Township of Mount Olive Providing for the Transfer of 2005 Budget Appropriations for the Water Utility Fund Budget.
6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Lands Known as Designated as Block 2506, Lot 7 & 10, which is No Longer Needed for Public Use by the Township.
President Greenbaum: Is there any Council member who wishes to have any of the 6 Resolutions removed and put on the Non Consent Resolutions Agenda? Seeing none, I would ask Mr. Guenther to please move the Consent Resolutions Agenda 1-6.
Mr. Guenther: I hereby move for Approval of Consent Resolutions 1-6.
Mr. Perkins: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on any of the six resolutions on the Consent Resolutions Agenda? Seeing none, I close it to the public. Is there any Council comment?
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
Mr. Rattner: Did we set a date for the sale?
Mrs. Lashway: December 13th you have an Amended Resolution in your amended packet.
Mr. Rattner: Oh, I thought it still had a blank in there. Okay.
President Greenbaum: Any other clarifying statements? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
1. Approval of Raffle Application # 2107 for NJ State Exempt Fireman’s Association
President Greenbaum: At this point, we are up to Motions. Mr. Perkins, could you please move the Raffle Application.
Mr. Perkins: Thank you Mr. President. I move for adoption and approval of Raffle Application #2107 for the NJ State Exempt Firemen’s Association.
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Any discussion? Roll Call.
ROLL CALL: Passed Unanimously
2. Bill List.
President Greenbaum: There was Mr. Rattner’s question with respect to the purchase.
Mr. Casey: The first item is that the thermo imaging camera was damaged while fighting a fire. It appeared that one of the hoses had ruptured inside, while they were inside. As a result of that, in the ensuing chaos that occurred, the camera was damaged. That is the report from the Lieutenant of the Flanders Fire Company. The second item was the golf shirts. I was wrong, in looking at the note that I had sent to Mr. Detoro on that subject I asked about the golf shirts. His comments to me were, when the temperatures go above 85 or likely to go above 85 I will allow the use of the golf shirts. They look better than tee shirts. They are worn during work weeks. What you have is, you have ten sweat shirts…these are for two people, five each for Fred and Mark, a sweat shirt, golf shirt, and ten tee shirts. So that is what it is and they don’t buy them every year. In talking to Fred, basically, they get them every other year or so. His comment to me was that he uses them for daily work uniforms and didn’t feel it was unreasonable for $7.00 for a tee shirt, or whatever it was for the monogrammed golf shirts and stuff.
President Greenbaum: Is that satisfactory, Mr. Rattner?
Mr. Rattner: No, but I wasn’t not going to vote for it because we already received it. I am just saying if things are tight, we are buying shirts that you are only going to wear in the summer in the winter out of a budget that we don’t know how short we are going to come up and looking at 40 pieces of clothes 20 each for each person just seemed a lot at one time. That’s all.
President Greenbaum: Okay, do you want to move the Bill List?
Mr. Rattner: Yes, I will move the Bill List. I move the Bill List dated today, 8 pages, $410,205.14.
Mr. Guenther: Second.
President Greenbaum: Moved and seconded. Any discussion? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Administrative matters, anything additional Mr. Casey?
Mr. Casey: No sir.
• Turkey Brook Pavilion
President Greenbaum: Thank you. Old Business, Turkey Brook Pavilion. It is my understanding that there is an issue with respect to the shape of the pavilion as we had discussed and had put in the contract. Where do we stand with that Mr. Casey?
Mr. Casey: As you know when we talked about the pavilion, even when the Township was going to install it, we were going with a rectangular pavilion. The original plan for that park, which was hanging for a while in the conference room showed a rectangular pavilion. In fact, the Administration wasn’t really aware of the fact that it was bid as an octagon. The Mayor feels very strongly that a rectangular pavilion is actually more useable in the park in terms of basically how it lays out for the residents to use and in the discussions we had with Gene Buczynski was keeping the value the same. If I remember right, it was $39,500 that was bid that we would basically seek a substitution of, at no change in cost, a substitution of the largest rectangular pavilion that could be obtained for that value installed in lieu of the octagonal pavilion and we talked to Gene about that. Council may recall that I actually have the direct cost for the other pavilion because there was only one other supplier in the State. That was the discussion that we had with Gene. That is what Gene put in his memo relative to the Council, not to the Council excuse me, the memo that was attached to the contracts that came in for signing that, in fact, talked to the contractor to that position. We think that it is not enough of a significant change but it is going back to what the original plan was and we feel that the rectangular is more useable.
President Greenbaum: It is not what was bid out, is that correct? Octagonal was bid out.
Mr. Casey: Correct, the octagon was bid out. That is correct.
President Greenbaum: Anyone have any comments?
Mrs. Labow: I think we should go with the octagon. That is what we have been telling people we were going to have. I understand it is a stronger structure and also just for esthetic, you want to try to keep the look with the octagon shape of the restroom area. I don’t really see a reason why you wanted to change it at this time. I know you said it is bigger but I think the octagon is going to be just as useful.
Mr. Casey: I think the main issue that the Mayor had, and he can speak up whenever he wishes, was if you are going to and I know the provision that the committee said, well if we need another one, we will end up putting up another one somewhere else in the park and I think the position that we looked at is the original plan showed a rectangular, and it could be easily added on to where it was laid out, etc. If you look at that original plan, and we felt that was a much better design, we did not realize that, in fact, it had been changed. If we had known that, we would have prevented it from being in the bid in that fashion.
Mrs. Labow: We talked about it quite a bit at the meetings.
Mr. Casey: Let me just say, once again, like I said Administration did not know it had been changed.
Mrs. Labow: No, we talked about it here at this meeting.
President Greenbaum: Does anyone else have any comments? I personally don’t care if it is octagon or rectangular. I don’t really see making this into a big issue. However, I do have some concerns that this was bid out in a specific fashion and that we are unilaterally changing the contract after the bid was accepted and opening ourselves up to a potential, that some bidder might come in and say, you Mr. Greenbaum (cont’d): know what, this changes what was ultimately bid out. Although that may not be a real possibility, I am concerned about it.
Mr. Casey: That is an issue. I did address that to the Attorney today so he would be prepared to comment on that issue tonight because I think that is the issue of the contract, public contracts law. So it may be an issue for the Attorney.
Mr. Semrau: Yes, and actually John and I had spoke about this and the preliminary issue is whether or not you can change something that has already been bid on. You really can’t for some of the reasons just expressed, that another bidder could come forward and say, look, I would have bid, or I did bid and I can do it for less. If, in fact, you change this, it becomes very difficult. The only way I think you can really do it would be to re-bid it if you want to play it safe. That is the preliminary issue even before we get to whether or not you can change it because that raises some really interesting questions that I am not prepared to answer as to whether the Administration or the Council can change it. I think the threshold question is, under the local public bidding law you are really locked in here, unless you go and do it all over again. That is where the problem would lay.
President Greenbaum: Having that legal opinion, I think we should move forward with the contract as an octagon or re-bid it.
Mrs. Labow: Re-bidding will cost us more money, right?
President Greenbaum: Well, if it is that important to the Mayor, then we need to address the issue.
Mr. Rattner: I don’t understand how we can say Administration didn’t know because we had an in-depth discussion because Mr. Casey wanted to take it out, saying there were other options at that time, and that he wanted to do it a different way, and just pull it out and maybe do it next year. Secondly, the Mayor made the proposal that Township employees could put it together and Mr. Casey said it is only putting together, like an erector set because of the way the octagonal....
Mr. Casey: No, no, no, it was basically rectangular. My comment was rectangular. It was at that point in time where we got into that idea of the Township doing it itself that we were not aware and we probably should have looked beforehand. We were not aware until, really, the bids were opened and everything else and that, in fact, it was an octagonal one. We were still looking at the old plans in my office.
Mr. Rattner: The octagonal one I thought was the geometric one that has, and you put it together and your specific comment, putting it together was like an erector set.
Mr. Casey: Yes, for a rectangular one.
Mr. Rattner: Rectangular too?
Mr. Casey: Rectangular is easier to construct. The other one is more difficult.
Mr. Rattner: The rectangular is like a log home.
Mr. Casey: I think the issue is one of law. I mean, if, in fact, the Attorney rules it can’t be done that way fine. Fred, give us something in writing saying that is your opinion, that the contract laws preclude it and I think that resolves the issue.
President Greenbaum: Yes, well I see, probably the cost is not much different to put up the two buildings. A smart bidder who wants the project could come in and say, oh no, you changed the specs. Now that you changed the specs, I can do the project cheaper and challenge ultimately, what we bid out. That is where the problem really lies, when you make a change of that type to what was bid. I would...well, and I understand what the Mayor is saying in terms of his desire. I think that we should move forward with the project as it was bid out. If the Administration agrees to that and we get the appropriate letter from counsel that, in fact, changing the project would require us to bid it out again. Any comment to that Mr. Casey or Mayor?
Mr. Casey: It’s up to, the Mayor’s concern relative to... he feels that a rectangular is more useable for the site and that is his primary concern.
Mayor De La Roche: Well, the rectangular will certainly provide shade and everything else and offer the opportunity for bands and concerts and various other things. Whereas, the octagonal would do none of those things. It would be limited as to its use for less people. Yes, it makes a difference if you take an aerial view but not many of us fly over Turkey Brook, so I don’t see what difference that makes. Plus, the rectangular one can be expanded without any major alterations. I am not really sure how this was changed originally because in the original everything that I had seen, had indicated a
rectangular. So maybe Gene could tell us how it got changed.
Mr. Buczynski: I would be glad to tell you. We had a meeting prior to bid. It was a Mount Olive Committee meeting, of which people are members of. I think it was at two different meetings and we were told to come back to the Committee and show an octagon pavilion. We came back the next meeting and showed the plans of that and the Committee decided to have an octagon. That is what was presented to Council. That is what happened.
President Greenbaum: It was presented here at a Council meeting. I remember the discussion.
Mrs. Labow: It was presented.
Mayor De La Roche: So what authority do they have to change specs?
Mr. Buczynski: Mayor, don’t ask me I will give you a circular one I don’t care. It should be decided.
Mayor De La Roche: I understand, I am just trying to figure out how the original change happened, that was my question and I still don’t have an answer.
Mr. Buczynski: I can tell you again. It is what was discussed at that meeting. It was brought to Council as an octagon and it was agreed to.
Mr. Guenther: It was discussed here at this meeting. I knew it was an octagon all along.
Mrs. Labow: That is all we talked about was an octagon.
Mr. Semrau: This was done by an Advisory Committee right, the Mayor’s Advisory Committee?
Mr. Buczynski: That is how it started, it started by the Mount Olive Turkey Brook Committee.
Mayor De La Roche: By what authority do they have to change things?
Mr. Buczynski: They made recommendations.
Mayor De La Roche: Do they have any authority to change any specs?
President Greenbaum: Ultimately, the authority was not the Committee but it was the Council and it was brought to the Council and that’s where the recommendation of the Committee was discussed in an open hearing and was adopted. That’s what happened. I remember the discussion.
Mrs. Labow: Yes, I do too.
President Greenbaum: It wasn’t the Committee that changed the specs, it was...the bid specs were prepared in accordance with the discussion that was agreed to at the Council level.
Mr. Buczynski: That’s correct.
Mr. Guenther: And the reason for the octagon was it fit better with the décor of the park.
Mr. Buczynski: That’s correct. It was discussed at that meeting which, I think, somebody brought up already, and they said if they wanted to put another pavilion, they would put it somewhere else in the park. That was the feeling of that Committee.
President Greenbaum: I want to cut to the chase here. We are really left with two situations based upon legal counsel. One is to move forward with the octagon pavilion, the second is to abandoned the bids and go out to re-bid based on the shape of the pavilion. My suggestion, Mayor, is that although your concerns may have some validity, that at this point we need to move forward. The re-bidding process would be too costly for us to go through over the issues which have been identified and I would prefer to just move forward at this point in time with the project as it has been bid.
Mr. Buczynski: Mr. President, the only other alternative would be, which was discussed once before, would be to take the pavilion out of the contract now completely and just do the rest of the work at this point and re-visit it.
Mr. Rattner: I think the majority of the Council voted on that project only if the pavilion was in there because we had to scrape up and find the extra money. That is what the citizen’s want number one in there.
President Greenbaum: Let’s take a vote of Council who wants to move forward with the contract as bid?
Mr. Rattner: Wait a minute explain it to me again, it’s bid as?
President Greenbaum: Octagon.
Mr. Rattner: Octagon.
President Greenbaum: Octagon, right.
Mrs. Labow: That is what we originally discussed.
Mr. Perkins: Okay, I have a question.
President Greenbaum: Okay, Mr. Perkins.
Mr. Perkins: How many bids did we get in, Gene?
Mr. Buczynski: There were three or four bids. I think the second bid was very close to the low bidder. The second bid was by Flanagan who did Phase II. It was very close bids.
Mr. Casey: Yes and the reason for that is we looked at making some changes in the base bid and if we took those changes, we would end up changing low bidders. We were talking about deleting some of the fencing and stuff. We couldn’t do that because that would have flipped the low bidder. They were very tight.
Mr. Perkins: Is there any direct benefit to going with a rectangular verse an octagon? I mean, understanding the aesthetics and what the Committee wanted.
Mr. Buczynski: From my opinion, the only benefit would be if you were going to expand later on, it would be easier to do with a rectangular.
Mr. Semrau: It is easier to add on to.
Mr. Buczynski: That is correct.
Mayor De La Roche: It also has a larger capacity because the octagonal is limited as to how many people can use it where the rectangular is going to be bigger because it doesn’t have any exceptional design to it that limits the expansion or the use of it.
Mr. Perkins: Yes, I have an octagonal table, so I know how that works over the rectangular.
Mayor De La Roche: I think it is pretty clear that the idea is to get the maximum use for the maximum number of citizens as opposed to looking good from an aerial viewpoint.
Mr. Perkins: In light of our counsel, Mr. President, I would agree either take it as it is or re-bid it.
President Greenbaum: Well, I think... The Council is unanimous in moving forward with the project as bid.
Mayor De La Roche: Can I get a legal opinion on that?
Mr. Semrau: In writing, Mayor?
Mayor De La Roche: With citations please.
Mr. Semrau: Okay.
Mr. Buczynski: I guess at this point we are not going to be signing the contract yet, so it is a good possibility this won’t start until next spring.
President Greenbaum: No, the contract should be signed as it was bid out.
Mr. Buczynski: So I guess I will be getting a signed contract in the next couple of days then?
Mr. Casey: The contract has actually been signed by the Mayor with the understanding of our discussion. Council is saying, he has already signed it...it was up to Lisa... was basically notarizing the signature. I think at this point what Council is saying is, going with the original bid and nothing changed.
Mr. Buczynski: Okay, just so it can get back to the contractor so we can get to the next step, that’s all.
President Greenbaum: Thank you. Paid Ambulance Service, who had this, what is the status?
• Paid Ambulance Service
Mr. Casey: If I might, this was added today. When I did not see it on Friday, I did not create the memo. By the end of the week, I will send everyone out a memo on what my thoughts are. I didn’t do it because it wasn’t on Friday’s Agenda so I figured I had a free weekend.
President Greenbaum: Okay, so we will put it on for the next Workshop?
Mr. Casey: I will send something out for your own...you know whatever you want to do with it.
• Emergency Access @ Millbrook Estates
President Greenbaum: What is the status of the Emergency Access at the Millbrook Estates?
Mr. Casey: The Planning Board approved it. The necessary zoning permits have been issued so everything is resolved. It is up to them to install it now, so that is all taken care of.
President Greenbaum: Thank you, Legal Matters.
Mr. Semrau: The only thing, Mr. President, is I have a matter briefly for Executive Session. It is a tax appeal that is scheduled for trial in early December. I just want a little direction. It is entitled Severud vs. Mount Olive Township.
President Greenbaum: Okay. I am sorry, I skipped New Business is there anyone that has New Business this evening? On to Council Reports.
Library Board Liaison Report
Mrs. Labow: We meet next week.
Recreation Liaison Report
Mr. Mund: We meet next week.
Board of Health Report
Mr. Guenther: We meet next week.
Planning Board Report
Mrs. Labow: I gave it last week.
Board of Adjustment Liaison Report
Mr. Perkins: Nothing, Mr. President.
Open Space Committee Report
Mr. Guenther: There was no meeting of the Open Space Committee but Kathy Murphy and I attended last Tuesday, we made the presentation to the County for funds for the Mandlebaum property and Blue Atlas. We are keeping our fingers crossed that they will cooperate with us. That has been the only open space activity that we can comment on at this time.
Legislative Committee Report
Mr. Mund: A letter went out on the 25th of October to Littell, Guy R. Gregg, and McHose regarding traffic issues on Route 46 and Route 206. Council received copies of the letter.
President Greenbaum: Okay, whoever is going to be taking over your function as Legislative Committee needs to now put it on the front burner, the issues related to the regulations for the Highlands that we discussed this evening.
Pride Committee Liaison Report
Mr. Perkins: Nothing, Mr. President.
Board of Education Liaison Report
Mr. Buell: They met last Monday. They had an interesting CD that showed the effects of taxes, which I thought was very interesting. We should probably get a copy of it and show it at this session. The only other thing that really happened, a great moment was that they were discussing closing down and in fact, are going to close the schools on next Tuesday for the election.
Mrs. Labow: Notices went out.
President Greenbaum: Okay, is that it?
Mr. Buell: That’s it, basically.
Lake/Environment Issues Committee
Mr. Rattner: Thank you, Mr. President. I couldn’t make it but the Lake Committee had their annual clean up. I imagine it went well. I did talk to one of the officers. He did have a concern that a couple of the cut outs where you go in there and go fishing, he said there was so much garbage. It was more than they could handle. I think they said they were going to touch base with Tim but maybe we could....it is pretty hard to actually monitor that because when people are fishing that is a fine, you have to see them leaving and leaving all their garbage. We have the same thing in the winter with the ice fisherman. They will dig the hole, do the stuff, have a little fire, and leave everything on the ice, so it goes right through after. They did say there was a large amount of garbage it was more than their volunteers could handle. I don’t know really, I will ask the Administration to check with Tim to see if he got the call and whether he could handle it and help him out and get the garbage out of the water.
President Greenbaum: Chief, can we get a police officer out on the Lake when it is frozen? I am just kidding.
Mr. Rattner: All they need is binoculars and when they see them, just shoot a flare up.
Safety Committee Liaison
Mr. Guenther: The meetings...we were supposed to have one but so many of the members were unavailable. Some of them were in Louisiana. We are trying to re-schedule, I am pending notice of that. I don’t know when that was scheduled yet.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Development Committee Report
Mr. Rattner: Economic Development Committee met last Thursday and most of the members there are getting very close to some of the communication with the business community, realtors trying to figure out what is needed, what’s good, what’s bad, to try to put together the marketing. Also, today the entire Committee met with Les Smith to get a background of the Trade Zone, what his plans are and where the Town can help. It wasn’t supposed to be a downer type meeting but today Les let the Committee know what we discussed earlier today, that he feels that the new regulations are basically going to shut him down completely, not just this project but about everything in Town and basically he said somebody should be the Paul Revere and get somebody to gear up the troops. What we are talking about, all the different towns and authorities to look at what the impact really is and that maybe something can be done. If nothing, in the next couple weeks, just maybe get a delay of the actual implementation of the regulations that don’t need legislative approval.
President Greenbaum: Thank you. Just a reminder to everybody at this point, tomorrow at 5:30 there is the tribute to the volunteers who went down to the Gulf Area, 5:30 here. At this point, I am going to open it up to the public to anyone who wishes to speak on any particular issue. Mr. Russell, please state your name and address for the record.
Nelson Russell, Budd Lake: I have a couple of questions on the Bill List. On page 4, $2,230.00 on toilet rentals, where are we renting toilets, and why?
Mr. Casey: That’s all in summer costs.
Mr. Russell: That’s what?
Mr. Casey: We have a lot of toilets and I think Sherry, a lot of that is the recreation programs, parks, playgrounds. We have portable toilets. We put in all of them for the use of the children during the programs. So we probably have 15 or 20 of them out there during the summer that we rent.
Mrs. Labow: Bob, we also had to have extra ones at Turkey Brook when we had the problem with the water.
Mr. Casey: Yes, but the main issue here was the playground equipment.
Mr. Russell: Okay, further down on that page, $391.56 for a flashlight. We had $600.00 worth of flashlights last week.
Mr. Casey: It has got to be one of yours.
Mrs. Jenkins: It is... I am sure it is not one.
Mr. Casey: It is the special leaded ones that the police use that have.....
Mr. Russell: It is coming right on the heals for the expenditure of last week for $600.00 worth of flashlights.
Mrs. Jenkins: I am sorry, when I get them back sometimes these are not in order.
President Greenbaum: Oh sure, blame us.
Mr. Rattner: I put them back in the same order.
Mrs. Jenkins: You know they are not, Steve.
Mr. Rattner: I put them back in the exactly same order, just upside down so I didn’t change it.
Mrs. Jenkins: Upside down different directions, yeah.
Mrs. Labow: It’s that Rob Greenbaum, he goes in there and messes them up.
Mr. Rattner: I must be Buell.
Mrs. Labow: Yeah, I will put it on Buell.
President Greenbaum: It’s Buell.
Mr. Mund: Blame it on me, I’m leaving.
Mr. Rattner: Anyway, I think a lot of the flashlights are special ones that the police department uses that are about $125.00 each. I don’t know if they are re-chargeable or whatever.
Mrs. Jenkins: Yes, they bought four of them.
Mr. Rattner: They are extremely expensive and they are basically a police issued type of flashlight.
Mrs. Jenkins: They bought four, four re-chargeable flashlights.
Mr. Casey: These are the big re-chargeable ones. I mean seriously, these are the big re-chargeable ones. If they are not in the police car, they are used for weapons...Chief you want to comment on the weapons
Mr. Katona: That’s not fair. We just need to see in the dark, we are getting old.
Mr. Russell: These are the ones they have to shine in your eyes when they pull you over, right? Also on page 8, USA Blue Book items purchased, for $192.81.
Mr. Casey: USA Blue Book is a catalog that has water and sewer parts. It is called the Blue Book and what you will find in there, that they have ordered, it could be pipe, it could be valves, it could be shut offs. It is basically like a Sears and Roebuck manual that is called a Blue Book because USA Blue Book is for water and sewer activity.
Mr. Russell: Okay. Blue Book to me says car, used cars prices and stuff.
Mr. Casey: Right, no this is just like an ordering catalog, a lot like Granger.
Mr. Russell: Okay, thank you.
President Greenbaum: Thank you. Anyone else from the public who wishes to be heard at this time? Seeing none, I close it to the public. At this point, we have final comments. Mayor, anything this evening?
Mayor De La Roche: No.
President Greenbaum: Mr. Casey, did you have anything this evening?
Mr. Casey: No Sir.
President Greenbaum: Mr. Buell.
Mr. Buell: No.
President Greenbaum: Mrs. Labow.
Mrs. Labow: Yes I do.
Mr. Rattner: Surprise, surprise, surprise.
Mrs. Labow: Just for Mr. Perkins. Tonight marks the last night that we will be having Mr. Mund here as our Councilman.
President Greenbaum: Thank God, they got rid of him on the School Board.
Mrs. Labow: And we were lucky to get him.
Mr. Mund: Leslie had me go away for six weeks to get out of the School Board. Now she is making me move.
Mrs. Labow: That’s right. You went away on vacation to get out of that. She is taking drastic measures. I want to thank Mr. Mund for his service the past year and it has been an honor to serve with you. I wish you and your wife the best absolutely of everything and I hope we will stay in touch and you will come back and see us some time.
Mr. Guenther: If he finally gets his house sold.
Mr. Mund: Thank you Bernie.
Mrs. Labow: Well, Bernie, do something about it.
Mr. Rattner: I have suggestions.
President Greenbaum: Is that it? Mr. Mund.
Mr. Mund: I want to thank all of you for help this past year and I want to thank Bob Casey for giving me some information and directing me in some of the stuff, and John, where’s Tony? You have a lot of work to do when one of you win. Good Luck.
President Greenbaum: Mr. Guenther.
Mr. Guenther: None.
Mr. Rattner: I will just repeat that, that it was a pleasure at least a few years ago. I was one of those special interests always asking the School Board for something. For the organizations that I was in, we don’t meet next week because it is election day. The best thing we can do for Mount Olive regardless who wins, regardless of who you vote for, is if we get a real large turn out, you don’t want to have a decision made by a minority of people which happens a lot of times. So encourage everybody, whoever the candidates they support, to get out and vote.
President Greenbaum: Thank you, Mr. Perkins.
Mr. Perkins: Thank you, Mr. President. Mr. Casey I wanted to thank you, I know you are going to be here on short terms here and there but for your service and everything you have been able to help the Administration with on behalf of myself and I know probably the rest of the taxpayers in Mount Olive, we want to thank you. Lee, it has been a pleasure, I can tell you, you stepped into a position and you handled the situation very well, like a yeoman. I really appreciate you being here, good luck to you. I am going to miss you. You are like me, you are quiet. So that’s always appreciated and with that, everyone thank you for showing up tonight.
President Greenbaum: I would echo the sentiments of everybody. Lee it has been a pleasure and hopefully one day because of your service to the Township we will get around to naming a street after you. I think it would have to be a very wide street. Not because of..... because of your service to the School Board and to the Township.
Mr. Rattner: And there will be no parking.
President Greenbaum: Yes, no parking. Mr. Buell, will make sure of that. Thank you very much and Mr. Casey we already think we said what we needed to say.
Mr. Casey: You were very appreciative last week and I thank you.
President Greenbaum: With that, we are going into a very brief closed session after which there will be no further action taken. We will simply adjourn the meeting. We don’t need to take any action with respect to the issue. I would ask Mr. Perkins to put us into Executive Session at this point in time.
Adjourn to Executive session: Motion to go in to the Executive Session made and seconded. All were in favor, the Executive Session started at 9:08 pm and ended at 9:12 pm. The meeting reconvened and was adjourned at 9:13 pm.
Robert J. Greenbaum
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 December 13, 2005.
Lisa M. Lashway