Mt. Olive Township Council Minutes
November 22 , 2005

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:26 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.

Councilman John Biondi was sworn in by Michael C. Pelletier, Esq. at the Workshop meeting held earlier tonight.

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Rattner, Mr. Perkins, Mr. Greenbaum

Absent: Mr. Guenther

Also Present: John Dorsey, Fred Semrau, Township Attorneys; Mayor De La Roche;
Sherry Jenkins, CFO; Rick Prill, Business Administrator;
Lisa Lashway, Township Clerk

Questions on Bill List?

President Greenbaum: At this point, does anyone have any questions on the Bill List for the Administration, so that they can get the information at the end of the meeting. Seeing none, we will move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Oct. 11, 2005 Present: Mr. Buell, Mrs. Labow, Mr. Rattner, Mr. Perkins,
President Greenbaum, Mr. Mund, (Mr. Guenther late 9:21)
Absent: None

Oct. 25, 2005 Present: Mr. Buell, Mr. Mund, Mr. Rattner, Mrs. Labow (7:52), Mr. Greenbaum
Absent: Mr. Perkins (Mr. Guenther is attending Open Space County Meeting)

Nov. 1, 2005 CS Present: President Greenbaum, Vice President Perkins, Mr. Guenther, Mr. Rattner, Mr. Mund, Mrs. Labow, Mr. Buell
Absent: None

Mr. Perkins: Yes, I move for a approval of the Minutes from October 11, 2005, October 25, 2005 and
November 1, 2005 Closed Session.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded, any comments, corrections, or deletions? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Biondi Abstained on all, Mr. Perkins, Abstained on October 1, 2005.

CORRESPONDENCE

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

1. Resolution received October 31, 2005, from the Township of Pequannock requesting the Federal Government to raise the federal hourly minimum wage.

2. Letter received October 31, 2005, from the Township of Roxbury regarding the Housing Element and Fair Share Plan of Roxbury Township Master Plan.

3. Ordinance received November 4, 2005, from Allamuchy Township regarding proposed amendment to the Land Development Ordinance.

4. Letter received November 7, 2005, from the Township of Pequannock requesting the federal government to raise the federal hourly minimum wage.

5. Resolution received November 9, 2005, from the Township of East Brunswick regarding authorizing local units to limit contract awards to business entities that make political contributions.

6. Resolution received November 10, 2005, from the Town of Boonton regarding authorizing the funding of State Homeland Security Grants to those municipalities by-passed from receiving grant funds through the Statewide Local Domestic Preparedness Equipment Program.

7. Legal Notice received November 14, 2005, from the Township of Chester regarding a public hearing of the Planning board to adopt an amendment to the 2000 Reexamination and Comprehensive Revision of the Chester Township Master Plan.

MUA / MSA

8. Public Meeting Notice received November 7, 2005, from the Musconetcong Sewerage Authority regarding proposed amendments to the WQM Plans and WMP Rules.

DOT / DEP / LOI

9. Letter received October 31, 2005, from C & H Environmental regarding LOI Line Verification Applicant: Jay Bob Associates Block 102, Lot 2 (56 Route 46 – Budd Lake).

10. Letter received October 31, 2005, from the State of New Jersey, Department of Environmental Protection regarding Portable Well Water Analyses of the effluent water of the portable well located at the BP Service Station 611 site (Case #93-01-22-1006) Route 46 and Mount Olive Road.

11. Letter received October 31, 2005, from C & H Environmental regarding application for Letter of Interpretation Applicant: Jay Bob Associates (56 Route 46) Block 102, Lot 2.

12. Letter received November 7, 2005, from Parsons Brinckerhoff regarding Highlands Applicability Determination / Consistency Determination application 87-89 Crease Road Block 1201, Lot 2.

13. Letter received November 10, 2005, from Maser Consulting P.A. regarding Letter of Interpretation application for Block 400, Lots 1 & 2, ( 217 & 219 Waterloo Valley Road) Block 500, Lots 2 & 3 (215 Waterloo Valley Road & 87 Old Waterloo Road).

14. Letter received November 14, 2005, from Environmental Technology Inc. regarding Request for a Letter of Interpretation – Line Verification Applicant: Angela Tartell NJSA Route 46 and Mount Olive Road, Block 3305, Lot 14 (212 Route 46).

15. Letter received November 14, 2005, from Angela Tartell regarding submission of an application for a permit or approval to the NJ DEPEP, Letter of Interpretation.

16. Letter received November 17, 2005, from the State of New Jersey, Department of Environmental Protection regarding Proposed Mount Olive Township Wastewater Management Plan Dated August 2004.

17. Letter received November 18, 2005, from the State of New Jersey, Department of Environmental Protection regarding New Jersey American – Netcong Interconnection Main AIG Baker Real Estate.

18. Letter received November 18, 2005, from the State of New Jersey, Department of Environmental Protection regarding Princeton Alliance Church Block 7000, Lot 87 (1 River Road).

19. Letter received November 7, 2005, from The Environmental Design Group regarding Highlands agency determination finding for Applicant Joseph Sullivan, Block 7000, Lot 88 (17 River Road)

 

LEAGUE OF MUNICIPALITIES

20. E-mail received November 1, 2005, from New Jersey State League of Municipalities regarding National Incident Management System Implementation.

21. E-mail received November 1, 2005, from the New Jersey State League of Municipalities regarding the Private Property Rights Protection Act.

22. E-mail received November 4, 2005, from the New Jersey State League of Municipalities regarding S-2636 on SPCA.

23. Registration information received November 7, 2005, from the New Jersey State League of Municipalities regarding Newly Elected and Reelected Officials Seminar.

24. E-mail received November 7, 2005, from the New Jersey State League of Municipalities regarding Important Conference Sessions and Mandatory NIMS Training Sessions.

25. E-mail received November 8, 2005, from the New Jersey State League of Municipalities regarding Tax Reform Panel Recommends Elimination of Deduction for State and Local Taxes.

26. Letter received November 10, 2005, from the New Jersey State League of Municipalities regarding Newly Elected Officials.

COAH

27. Letter received November 2, 2005, from the State of New Jersey, Department of Environmental Protection regarding the Second and Third Round Substantive Certification.

STATE OF NJ / DCA

28. Local finance Notice received November 1, 2005, from the New Jersey Department of Community Affairs, Division of Local Government Services regarding National Incident Management System Training Advisory.

29. Letter received November 3, 2005, from the Department of Community Affairs regarding Rule Proposal: Transfer of Real Estate Development Rights.

30. Letter received November 14, 2005, from the Department of Community Affairs regarding the PEOSH Consultation Program.

31. E-mail received November 17, 2005, from Department of Community Affairs regarding Local Unit Pay to Play.

MORRIS COUNTY

32. Letter received November 7, 2005, from the Morris County Community Development regarding 2004 Rehab of Lou Nelson Park.

33. Letter received November 18, 2005, from the Morris County Board of Chosen Freeholders regarding Blue Atlas and Mandlebaum Projects.

MISCELLANEOUS

34. E-mail received November 1, 2005, from the Morris County Chamber of Commerce regarding Seminar – Expanding your business through technology.

35. E-mail received November 1, 2005, from Philip Sahadi regarding One-year unconditional guarantee on all hires.

36. E-mail received November 3, 2005, from the Morris County Chamber of Commerce regarding November 2005 Women in Business – A Networking Breakfast.

37. Invite received November 4, 2005, from TOYS R US regarding a special shopping event for Mount Olive.

38. E-mail received November 7, 2005, from the Morris County Chamber of Commerce regarding “Making the Media Work for you and your business.”

39. E-mail received November 11, 2005, from the Morris County Chamber of Commerce regarding cancellation of the November 15th Seminar.

40. E-mail received November 14, 2005, from the Morris County Chamber of Commerce regarding Women in Business / A Networking Breakfast, Topic: “Stress Free Décor for the Working Professional.”

41. E-mail received November 14, 2005, from the Morris County Chamber of Commerce regarding a list of upcoming seminars and sign up information.

42. Post Card received November 14, 2005, from the Mount Olive Area Chamber of Commerce regarding General Meeting on November 16, 2005.

43. E-mail received November 15, 2005, from the Morris County Chamber of Commerce regarding Good Morning Morris Season Tickets.

44. E-mail received November 16, 2005, from the Morris County Chamber of Commerce regarding “Young Professionals Happy Hour.”

45. Mailing received November 17, 2005, from the United States Department of Agriculture regarding North Jersey News.

46. Letter received November 18, 2005, from the South Branch Watershed Association regarding Hunderdon’s Historic Structures and Landscapes.

LEGISLATIVE REPRESENTATIVES

47. E- Mail received November 15, 2005, from Congressman Frelinghuysen regarding Medicare Prescription Drug Benefit Sign Up.

UTILTIES

48. Invitation received November 9, 2005, from Comcast regarding House of Blue at Atlantic City.

49. Fax received November 14, 2005, from First Energy regarding Notification of Upcoming Aerial Testing of JCP&L “H-Frame” Transmissions Structures.

50. Notice received November 16, 2005, from Elizabeth Gas regarding Public Hearings.

51. Letter received November 17, 2005, from New Jersey Natural Gas regarding Annual Review and Revision of Its Basic Gas Supply Service.

52. Fax received November 16, 2005, from First Energy Corp. regarding Notification of Upcoming Aerial Patrol of JCP&L Transmission System.

President Greenbaum: The next item for discussion is Correspondence. Resolutions, Ordinances, Correspondence from other towns on the Amended Agenda. There are 52 pieces. Is there anyone who wishes to discuss any one of the 52? Seeing none, we will move on.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: First Ordinance for public hearing is Ordinance #35-2005 entitled:

Ord. #35-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender Residency Provisions.

 

President Greenbaum: This is the old version which we intend to defeat. Is there anyone from the public who wishes to be heard on this? Seeing none, I close it to the public. Mrs. Labow, would you like to move #35-2005?

Mrs. Labow: I move Ordinance #35-2005 for adoption and final passage.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Seconded. Again, this is the one that contained the typographical errors and we are
going to defeat it. Is there anyone who wishes to be heard on this? Seeing none, Roll Call.

ROLL CALL: Defeated

President Greenbaum: Ordinance #35-2005 is dead. The next Ordinance for public hearing is Ordinance #40-2005 entitled:

Ord. #40-2005 An Ordinance of the Township of Mount Olive Providing for Restrictions as to No Parking, No Standing, No Stopping on Theresa Drive in Conjunction with the High School Construction Project.* (Public hearing was supposed to be 10/11/05 but never held)

President Greenbaum: Is there anyone from the public who wishes to be heard on this? Seeing none, I close it to the public. Mrs. Labow, did you have a motion you wanted to make with respect to...

Mrs. Labow: Yes, I just want to make a motion to...not table it, but to continue the public hearing so we can notify the residents.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

Mr. Semrau: We need a specific date with that motion.

Mrs. Lashway: December 13, 2005.

Mrs. Labow: December 13th please.

President Greenbaum: Is there a second to that motion?

Mr. Rattner: Second.

President Greenbaum: Roll Call on the motion.

ROLL CALL: Passed Unanimously with the exception Mr. Buell voted no.

President Greenbaum: That motion, public hearing will be continued to the meeting of December 13th. 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 Health Officer)

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public and I would ask Mr. Rattner to move Ordinance #54-2005.

Mr. Rattner: Thank you Mr. President. I move for adoption and final passage of Ordinance #54-2005.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously with the exception Mr. Perkins Abstained.

President Greenbaum: I hereby declare that 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. The next ordinance for public hearing is Ordinance #55-2005 entitled:

Ord. #55-2005 An Ordinance of the Township of Mount Olive Establishing and Clarifying Parking Restrictions on Various Streets Near the Mount Olive High School.

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

Nelson Russell, Budd Lake: Question on section 5, why are we delivering goods or services to municipal vehicles?

Mr. Buell: Really, it wouldn’t be municipal employees, it would be Fed-Ex...whatever....

Mr. Semrau: What happens is, you can’t restrict certain types of activity if it is...for example as stated here, deliveries or goods or services to residents. That becomes a commercial type issue.

Mr. Russell: Why are we including municipal vehicles in with residents then? Deliveries of goods or services to either, residents located on these streets or to municipal vehicles.

Mr. Semrau: Well, if there is any type of municipal activity it is specified that way. For example, if there is a DPW type...

Mr. Russell: This is written that we are making deliveries of goods and services to municipal vehicles.

President Greenbaum: It is a typographical error. That Municipal vehicle relates... should be up higher in my opinion to reflect that is one of the vehicles.

Mr. Semrau: These restrictions do not apply to vehicles that stop.

President Greenbaum: Right.

Mr. Semrau: It’s just 2 minutes per vehicle.

President Greenbaum: Right there should be a semi-colon or comma, if there were a semi-colon there, do you understand?

Mr. Russell: The word either I think has to be eliminated, the bottom of the third line, first word on the third line.

President Greenbaum: Take out the word either, we can do that. That is not a significant change. Thank you, Mr. Russell, for pointing that out. Anyone else from the public who wishes to be heard? Seeing none, getting back to my agenda.

Mr. Perkins: Do we have to make a motion, to make those changes?

Mr. Semrau: You would, prior to final adoption. You would just ask someone to... the person who made the motion to amend it, without changing section 5.

President Greenbaum: Mrs. Labow, do you want to make the motion?

Mrs. Labow: I move for adoption and final passage of Ordinance #55-2005 with amended change of section 5 removing the word either. Do I add a semi-colon?

President Greenbaum: No, you don’t need too. Is there a second?

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #55-2005 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 #56-2005 entitled:

Ord. # 56-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender Residency Provisions. (new version - Previously Ord. 35-2005)

President Greenbaum: This is the new version. Is there anyone from the public who wishes to be heard on this? Seeing none, I close it to the public. Mr. Biondi, would you like to move Ordinance #56-2005?

Mr. Biondi: So moved. I move for adoption and final passage of Ordinance #56-2005.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #56-2005 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 December 13, 2005)

President Greenbaum: The next Ordinance for First Reading, Second Reading to be December 13, 2005.

Ord. #57-2005 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 Business Administrator)

President Greenbaum: Mr. Perkins, do want to move that for first reading please.

Mr. Perkins: Thank you Mr. President. I move that Ordinance #57-2005 be introduced by title, and passed on first reading, and that a meeting be held on December 13, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, N.J. 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 law.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Any discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Perkins Abstained.

President Greenbaum: Next ordinance for First Hearing with Second Hearing to be December 6, 2005.

Ord. #58-2005 An Ordinance to Amend and Supplement an Ordinance Entitled “An Ordinance of the Township of Mount Olive for Public Contracting Reform (Ord. 42-04). (second reading 12/6/05)*

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

Mr. Buell: I move that Ordinance #58-2005 be introduced by title, and passed on first reading, and that a meeting be held on December 6, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, N.J. 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 law.

President Greenbaum: When you started off, you said resolution, I assume you meant ordinance?

Mr. Buell: I meant ordinance, yes, correct.

President Greenbaum: Okay, is there a second?

Mr. Semrau: December 13th or did you mean December 6th?

President Greenbaum: It is going to be second hearing on December 6th.

Mr. Semrau: December 6th, okay.

President Greenbaum: December 6th, is there a second?

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Okay we are up to the Consent Resolutions Agenda.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Petitioning with an Adopted Housing Element and Fair Share Plan. *(revised attachment)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Preliminary and Final Site Plan Approval Between the Township of Mount Olive and East Forest Garage.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Agreement with the County of Morris Regarding the Purchase of Block 800 Lot 6 (Mandelbaum Property).

4. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Tom Architect for Emergency Stabilization of the Seward House.

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract with Dave Bogert for Emergency Stabilization of the Seward House.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing Emergency Stabilization of the Seward House.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a COAH Planning Assistance Grant Agreement.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing Execution of a Grant Application (Enhanced 911 Grants Program).

9. Resolution of the Township of Mount Olive Providing for the Transfer of 2005 Budget Appropriations for the Current Fund Budget. * (revised)

10. Resolution of the Township of Mount Olive Authorizing a Chapter 159 Budget Amendment for the Child Passenger Safety Grant for $3,986.29.

11. Resolution of the Township Council of the Township of Mount Olive, Morris County Approving Certain Minor Revisions in the Lease Between the Township of Mount Olive and the Mount Olive Child Care and Learning Center.

12. Resolution of the Township Council of the Township of Mount Olive Approving Change Order Number 1 for Jenicar Builders Contractors Co., Inc., in Connection with the Reconstruction of Sunset Drive.

13. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2005 Municipal Budget ($1,140.00 for Tobacco Age-Of-Sale Enforcement).

14. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2005 Municipal Budget ($7,500 for a Planning Assistance Grant).

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Certain License Agreement Between the Township of Mount Olive and Hercules Incorporated.

16. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Robert Hoover & Sons for (1) Single Axle Body Dump Truck.

17. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Condit Truck Center for (3) Ford F350 Pick Up Trucks with 8’ Snow Plows.

18. Resolution of the Township Council of the Township of Mount Olive to Cancel Taxes on Block 7600, Lot 147 (12 Fernwood Court – Rear).

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: There are currently 18 Resolutions on Consent Resolutions Agenda. Does anyone one wish to have any of the 18 removed?

Mr. Rattner: Just number 9, to make sure we get the amounts right.

President Greenbaum: Okay number 9, anyone else?

Mrs. Labow: Is there one on there for the....number 12? No, where is the one for the vacating of the road? Did we put that on there?

Mrs. Lashway: No, it is not on there.

Mrs. Labow: Okay, never mind.

President Greenbaum: Is that it? Okay, can we then have a motion, Mrs. Labow, for 1-8, 10-18.

Mrs. Labow: I move to have Resolutions 1-8 and 10-18 moved.

President Greenbaum: Is there a second?

Mr. Biondi: 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 particular consent resolution? Mr. Tepper, if you are going to come up, you have to speak at the microphone and give your name and address.

Russell Tepper, 2 Natures Court, Flanders: Number 4.

President Greenbaum: Number 4, Hitchins?

Mr. Tepper: Yes, it is not Architect.

President Greenbaum: Hitchins, will be inserted in number 4, it is a typographical error on our Agenda.

Mrs. Lashway: Yes, the Agenda is correct.

President Greenbaum: Okay, the resolution is actually correct, Mr. Nelson please state your name and address for the record.

Nelson Russell, Budd Lake: I am just wondering if Mr. Rattner is aware of Resolution #17. (getting the trucks that you wanted?)

Mr. Rattner: Yes, I am just going to vote no.

Mr. Russell: You are contesting it?

Mr. Rattner: Yes, I am just going to vote no on that one when it comes up.

Mr. Russell: But this is consent resolutions....

Mr. Rattner: Yes, I can say yes on all but #17.

Mr. Russell: Okay.

Mr. Rattner: I have already discussed it. There is no sense in discussing it anymore.

President Greenbaum: Thank you Mr. Russell. I am sorry if I called you Mr. Nelson before. It is tough when you have two first names. Anyone else from the public? Please state your name and address.

Tony McKeon, Flanders: Just on Consent Resolution #9. I just wanted to kind of make it clear that I was on the Budget Committee this year and during our meetings with Mr. Rattner and Mr. Buell and Mr. Tepper, is where we first actually brought up the idea of a good gesture to the taxpayers, to talk about reducing the salaries by half so we actually talked about it there. We actually recommended it to Council and then we had mentioned it to everybody and Mr. Greenbaum decided to take it a step further, and thought about giving back everything that was there. So, I just wanted to be clear that we actually talked about doing this, well in June during the budget meeting...actually even earlier than that, during budget meetings. It wasn’t something that you know, something that was done as far as elections or anything like that. We actually discussed that in internal budget meetings and I just wanted to say it was a nice gesture to the taxpayers that you were giving back the salary. I just wanted to kind of clear the air on that. Thanks.

President Greenbaum: Thank you, any one else from the public? Seeing none, I close it to the public. Anyone on Council who has a brief clarifying statement? Roll Call.

ROLL CALL: Passed Unanimously with the exception Mrs. Labow and Mr. Rattner voted no on #17.

President Greenbaum: Mr. Rattner, if you were going to vote no you should have pulled it off and put it on the Non-Consent Resolutions Agenda.

Mr. Rattner: I have done it that way before.

President Greenbaum: I understand.

Mrs. Jenkins: Rob, I did pull the Ordinances that were done along with the recap I did, that I gave to Bond Counsel and the numbers because they do tend to consolidate some of the categories and our spreadsheet does jive to what they have. The numbers that I indicated before are correct and, in fact, we are actually $4,000 less then what we thought we had put in.

President Greenbaum: Thank you, I don’t think that is what Mr. Rattner’s point was.

Mrs. Jenkins: No, I understand.

President Greenbaum: Okay, that’s fine, they all passed. Alright, we are at Resolutions on Non-Consent the first resolution for Non-Consent, the first resolution we will deal with is Resolution #9 which was pulled. Mr. Rattner can you please move Resolution # 9.

Mr. Rattner: Okay, I will make a modification on what’s printed. I move the Resolution of the Township of Mount Olive of providing for the transfer of the 2005 budget appropriations for the current budget year.

President Greenbaum: Okay, is there second?

Mr. Buell: Second.

President Greenbaum: It has been moved and seconded, is there anyone from the public? Mr. Rattner.

Mr. Rattner: Yes, I would like to amend the resolution to... on increasing the amount of money in the Mayor and Council salary and wages. Increasing from what was given to us by the Administration in June by $8,875.00 instead of the $17,750.00 that will reduce the salary adjustment on the amended resolution that we got tonight too... I guess, $51,575.00.

President Greenbaum: Is there a second on the amendment?

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. We are now voting on the amendment. Roll Call on the amendment.

ROLL CALL: Passed Unanimously

President Greenbaum: We now have a new amended Resolution. I will open it up to the public again for anyone who wishes to discuss the amended Resolution. Seeing none, I close it to the public. Anyone who wishes to be heard at Council? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum voted no.

RESOLUTIONS NON CONSENT

President Greenbaum: Next Non Consent Resolution is Non Consent Resolution #19 which is:

19. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Construct Two Rigid Steel Frame Buildings.

Mrs. Labow: I move Resolution #19 for passage.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Moved and seconded anyone from the public? Seeing none, close it to the public. Anyone on Council? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum voted no.

President Greenbaum: The next resolution is:

20. Resolution of the Township Council f the Township of Mount Olive, County of Morris, State of new Jersey Opposing the New Jersey Department of Environmental Protection (DEP) Amendment to the State’s Area Wide Water Quality Management Plans (WQM).

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

Mr. Rattner: I move Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey Opposing the New Jersey Department of Environmental Protection (DEP) Amendment to the State’s Area Wide Water Quality Management Plans.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council comment? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next Resolution on the Non-Consent Resolution Agenda is #21.

21. Resolution of the Township Council of the Township of Mount Olive Establishing a Special Public meeting for December 6, 2005.

Mr. Biondi: I move Resolution #21.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded, anyone from the public who wishes to be heard? Closed to the public, Any Council comment? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Mr. President.

President Greenbaum: Yes.

Mr. Rattner: I just want to make aware, one of the items....

President Greenbaum: Related to the lease agreement?

Mr. Rattner: Yes, without taking it off because I was busy with the other one I forgot it. I do recuse myself from it and I take no position on it. I would like the record to be corrected to that.

Mr. Semrau: Council President, while we are on that I failed to remind the new Councilmember, Mr. Biondi, that the minutes that you voted on, you weren’t present at that meeting.

Mr. Biondi: Correct.

Mr. Semrau: At this time if you would like to just correct the record as well.

Mr. Biondi: I will abstain on them.

Mr. Semrau: You abstained fine.

President Greenbaum: Just eager to vote...John.

Mr. Biondi: Well you know, got to go to work some time.

Mr. Rattner: You were probably at the meetings anyway.

Mr. Biondi: Maybe, might have been?

MOTIONS

1. Approval of Bingo Application #2108 and Raffle Application #2109 for the Budd Lake Volunteer Fire Co. #1, Inc.; Raffle Application #2110 Knights of Columbus Council 5410 and Raffle Application #2111 for Budd Lake Vol. Fire Co. #1.

President Greenbaum: At this point, we are up to Motions. Could you please move the Bingo Applications Mr. Rattner?

Mr. Rattner: Yes, I approve Bingo Application #2108 and Raffle Application #2109 for the Budd Lake Volunteer Fire Co. #1, Inc.; Raffle Application #2110 Knights of Columbus Council 5410 and Raffle Application #2111 for Budd Lake Vol. Fire Co. #1.

President Greenbaum: Is there a second?

Mr. Perkins: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Mr. Biondi could you please move the Bill List?

2. Bill List.

Mr. Biondi: I move the Bill List be approved.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded, is there any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Administrative Matters. Mayor, Mr. Prill, anything in addition?

Mr. Prill: Nothing further.

OLD BUSINESS

None

NEW BUSINESS

None

LEGAL MATTERS

Mr. Semrau: Just that John and I met with Mr. Prill last week and went over the pending litigation for the Township and updated him on those events and nothing further.

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Labow: There was a Library Board Meeting, since our last meeting and basically, they went through their budget and so on and so forth. One of the problems I thought was shocking after what we have been through this whole year is that they never did the bid specs for the handicapped parking. It doesn’t look like they are going to be sending them out by the end of this year. Jerry Sheard was going to work on it. I thought that Mr. Casey had told us at our last meeting that he was expecting to be opening them soon. Come to find out they hadn’t even filled them out or hadn’t even sent them out, and they are going to miss the time for any paving for this year. I guess we will find out at the next meeting what they come up with. The other thing that was interesting is that their light fixtures throughout the Library, they found out that their janitorial line item was $750.00 is over $1,800.00 because they didn’t anticipate the cost of specialty light bulbs that they have to be purchased for all of the light fixtures. They also talked about their 2006 proposed budget, and this is the part I was very confused and I just want to put it on the record. They stated that they anticipate making $51,000.00 on late fees and rental fees for DVD’s, video tapes, whatever and since everybody thinks that they are supposed to have a surplus, they want to take $40,000.00 of the possible $51,000.00 that they might make and make it into a surplus. It will be interesting when we have our budget hearings how they will explain that.

President Greenbaum: Thank you. Any questions or comments? Mayor, do you have anything to add?

Mayor De La Roche: Nothing.

Recreation Liaison Report

President Greenbaum: Mr. Mund had that, Mr. Biondi I would be honored if you took that.

Mr. Biondi: I would be more than happy to.

President Greenbaum: I think what you could do is speak to Lisa about getting the information from Jill in terms of their meeting schedule. Okay?

Mr. Biondi: Fine.

Board of Health Report

Mr. Guenther is absent.

Planning Board Report

Mrs. Labow: Basically, everything we discussed at the Planning Board, the main thing at the Planning Board we discussed tonight with Chuck. The other thing is Applebee’s came before us and their application was approved to begin their building over there. They are going to be up behind Wendy’s, what else was there....

President Greenbaum: The Housing Plan.

Mrs. Labow: Well, we talked about that tonight so...it was a very good meeting, a quick meeting and the Board also decided to vote that Schoor De Palma would continue with the application. Submitted by K. Hovnanian
President Greenbaum: Is that it?

Mrs. Labow: That’s it.

Board of Adjustment Liaison Report

Mr. Perkins: Yes, Mr. President. The Gulf Station on Route 46 was approved to have a store, a little
convenience store on the inside of the building. Rose House was pulled, they had not gotten their application completed and everything into the secretary on time for review and they are looking for a special meeting to be held. That’s it, everything else was standard.

Mrs. Labow: Ray, could I ask you a question about that one?

Mr. Perkins: Of course.

Mrs. Labow: With the Gulf Station, what was the reasoning to approve that? With that traffic situation so bad with the 7-11 next door, what was the...

Mr. Perkins: Why the Board approved it? I have no idea, there was no reason to deny it.

Mrs. Labow: There wasn’t any? I know just driving down the highway now, it is such a situation people pulling out of the gas station. You are used to that, you go by there all the time.

Mr. Perkins: Well, the 7-11 wasn’t happy about it. A few of the residents weren’t totally happy. It could turn into obviously where some of the kids are going to hang out. The traffic flows pretty easily now into the Gulf Station, in and out, I have been in there a few times. That flows a lot better than the 7-11 quite frankly but the Board saw fit, I mean we have a Board member here, the Board saw fit to go through with that.

Mr. Rattner: A few years ago, I think the first thought we had was, either a Mobil Station down in Flanders or the Exxon Station up on top by Naughright Road and I think one of the issues that came up. A lot of the people get gas in the morning and they want to get their coffee or a newspaper or something. If you look at the situation, it may actually be improving, and this is some of the things that were discussed, about 10 years ago, that you may actually improve the traffic; that if somebody is going to go into Gulf Station pull, out to 46 and pull into 7-11 and pull out again. If they can get everything at one store, I mean obviously the store next to it doesn’t like it but you may actually be cutting down on some of it. Especially in the morning when it is the busiest. You can see where it makes sense. I know a lot of the gas stations, I know I stop when I get gas in the morning, when I was going on 80, I would stop at the Shell and get my coffee there. If not I would be stopping over at the Bagel Shop, it is just a fact. If I didn’t do it that way, I would be stopping like I did before getting my coffee at the Bagel Shop in Budd Lake coming back out on the road, so making two different times. Most people get things like that and they try combining. So it really makes sense when you stop once rather than stop twice, it can be helpful too.

Mr. Perkins: Colleen, what has exasperated this the most is the 7-11 store right next door. So of course, it is a little different then pulling out of the Bagel Shop and going a quarter of a mile down the road to pull into another place. These driveways are right next to each other, the Board just saw fit to go ahead and approve it.

Mrs. Labow: I would just be concerned there isn’t enough parking there in that location for people pulling in and I would just think it would create a situation.

Mr. Perkins: I wouldn’t be surprised if they knocked out part of that partition between them and start driving into the 7-11.

Mrs. Labow: That is what I was thinking.

Legislative Committee Report

President Greenbaum: Can we move on at this point? Thank you, Legislative Committee Report, again Mr. Biondi I would like you take that especially since you have a relationship with Guy Gregg and this is one those committees that we all kind of get involved with in terms of contacting our local officials on issues that we may need help.

Mr. Biondi: Be happy too.

Open Space Committee Report

Mr. Guenther absent.

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President. Finished up all the Fall, and all the Mums and all those things were done for the beautification end. The Holiday decorations are getting ready, the bows, and what not for the welcome signs. The snow flakes, they had bought some new replacement bulbs so the snow flakes should be going up around the lake shortly. The new design for the winter billboard has been; I believe they are voting on that tonight and we will get that off and hopefully we will get that up in the next few weeks.

Board of Education Liaison Report

Mr. Buell: They met last Monday, the only thing of real note has already been announced in the newspaper that they are changing the graduation date by a day to be able to use the facility down in Hanover for their project graduation. Since the meeting, they have announced that they have settled with the teachers, although there is no information as to what they have settled for.

Mr. Rattner: I also attended; I believe they accepted the bid from ARC for the Flanders School.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison Finance Committee Report

Mr. Guenther absent

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public for anyone who wishes a final word on any issue they deem important. Seeing none, I close it to the public.

COUNCIL COMMENTS

President Greenbaum: Council Comments and then we are going to go into Executive Session. Mayor did you have any comments this evening?

Mayor De La Roche: None.

Mr. Prill: No further comment.

Mr. Buell: None.

Mrs. Labow: I just wanted to welcome Mr. Prill and hope you enjoyed your first double meeting.

Mr. Prill: I think you took it easy on me tonight. Thank you.

Mr. Rattner: No, you did a good job.

President Greenbaum: We are not done yet, Mr. Prill.

Mrs. Labow: I am not done. I just want to welcome Mr. Biondi and it was a pleasure to meet your family and good luck to you in your two years.

Mr. Biondi: Thank you very much and I appreciate how easy you made it for me this evening.

President Greenbaum: It’s not over yet.

Mr. Biondi: I assume it will not be this easy from here on out, but that’s okay.

President Greenbaum: We will do the best we can.

Mr. Biondi: I knew that.

Mr. Rattner: Yes, we passed a resolution tonight on the Wastewater Management Plan. I believe the Clerk and the Mayor’s office got notification about a press conference on the 28th in Netcong. We have to keep the pressure up. I was at the Association of the Environmental Authorities Convention last week. I was lucky and was able to get the microphone and basically ask them as our trade organization for the sewer utilities that they better get on the stick and really start defending our position and the livelihood of the towns and the authorities that they represent. After I stated that...and actually, they had to pull me down because I just wanted to keep telling them what they should do. Tony, the people that know him, he is from Schoor De Palma, the regulatory expert who is under contract a lot with DEP to help set up regulations and put it in common English, after I did my piece he got up and said Mount Olive is a typical situation that the State didn’t think about and what the implications were going to be. He said it very nicely. First, he said the Highlands Preservation area shut out 40% of the town. Then the other 16% of the town they said no more sewer connections, build septics but in the same proposed amendment regulations they say they are not going to approve any septics, any septic systems in the region. I think it really shows what is going on. What I did hear from down there because of all the emails that Bradley Campbell has been getting, we actually shut down his email account because to see the amount of memory he had to put this stuff in. However I had been assured by a couple different people, we will probably get the thirty-day extension that we asked for, for the public hearing period, to make sure all the towns and the authorities in the State, which is 181 out of 193 are affected in this detrimental way. However, Bradley Campbell with his track record and what the general consensus is, at the end of that time, if he is still in office, he is going to say thank you, we got your comments, we heard you, got your written comments, I am now putting them into effect. That is all he has to do. This is an amendment. There is absolutely no action that has to be taken by anybody else. It is only the Governor who maybe can override him. I have talked to his secretary and she said she is starting to get the calls and Governor Codey is keeping a tally of the calls he is getting. I think everybody should call the Governor’s office, they are not asking for explanations, just saying they are against it. That it is going to be detrimental to the town, the number is 1-609-929-6000 and we are going to get that number out so people can start calling. It really is getting serious. I have gotten two calls in the last four days from a major project that is going into town. The restaurant that is ready to buy a liquor license that is off International South, the principals want to pull out. What they are looking at is because they committed a certain amount of money, they are looking at the reds and thinking they may not be able to get a sewer connection by time they are ready to apply for it, and the principals are actually questioning that. I have tried convincing them as I said should we spend any more money, let’s spend the money you will get in there but we are serious and their experts looked at it that way. The other person I got a call from, is a person representing Piazzo Development, they have the contract on the Compact property. Do you remember, I believe it is New York Folding Box or something, bought the property to move out of Newark. Now they are trying to sell the rest of the property and they are looking at the same thing and they are maybe putting that on hold because they don’t know if they can hook up sewers to the rest of the buildings. What is real interesting is that is a ground field sight, I happened to meet somebody last Wednesday who is the director of the Brownfields in DCA and they looked at that as a good project. I said great, now you are shutting it down. What the heck is the State doing? On one hand that was a $15 million clean up, how are you going to have a company clean up a polluted area if you can’t do something with it? That is really what they are doing, so it is still in this serious mode. The word is getting out, I think this press conference by the 2 counties that is being set up by Margaret Nordstrom, from Morris County, Sue Zellman from Sussex County, and we are getting everybody involved. I think if more people see what it means, they are going to be up in arms. About a third of the people that were at the meeting that we had here on the 12th, the informational meeting where developers and business people looking at what it is going to do, and how it is going to shut them out.

President Greenbaum: Thank you, Mr. Perkins anything?

Mr. Perkins: Nothing.

President Greenbaum: Just briefly, I had requested a meeting with the Governor with respect to a number of different issues, including the Wastewater regulations and we will be meeting with Smartgrowth on Monday at 11:00 in Trenton and I have requested from the Administration a representative, hopefully Chuck McGoarty to come along to discuss the issues. I figured the more people we meet the better off we are in Mount Olive in respect to this issue. I will give you something in writing tomorrow, specifically requesting Mr. McGoarty’s presence on Monday at 11:00. At this point in time we are going to move into Executive Session to discuss FOP Negotiations and the Construction Code Office. Once again Mr. Perkins could you please move us into Executive Session? When we come out of Executive Session we will take no further action this evening.

Motion to go in to Executive Session made and seconded. All were in favor and Executive Session started at 10:03 and ended at 10:28 pm.

The meeting reconvened and was adjourned at 10:29 pm.

 


________________________________
Robert J. Greenbaum, Council President

 

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on ______________, 2005.

 

_____________________________
Lisa M. Lashway, Township Clerk

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