Township Council Minutes
September 27 , 2005
The Regular Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who are served to protect our freedoms and have served in the past, as well as the victims of the Gulf and tonight for Ray Perkins who has lost his father today.
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 (late 7:37 pm), Mr. Guenther, Mr. Rattner,
Absent: Mr. Perkins; Mr. Mund;
Also Present: John Dorsey, Township Attorney; Mayor De La Roche,
Sherry Jenkins, CFO; Robert Casey, Business Administrator;
Lisa Lashway, Township Clerk
President Greenbaum: The first item for discussion are the Library Finances. It is my understanding that Jerry Sheard and Rita Hilbert were inadvertently not invited to the meeting this evening. There are some additional issues which need to be addressed before we discuss the Library Finance issues and I am going to ask that the discussion be carried to the Public Meeting on October 11, 2005. Mr. Casey, could you please see that Jerry and Rita are invited to the meeting for discussion, related to finances.
Mr. Casey: Yes, sir.
Questions on Bill List?
President Greenbaum: Thank you, at this point I will open it up to anyone on Council who has questions on the Bill List, so that the Administration can get us the appropriate answers and documentation for the end of the meeting when the Bill List is discussed at length. Does anyone here have any questions on the Bill List? Seeing none, we will move past the Bill List.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Sept. 20, 2005 CS Present: President Greenbaum, Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Rattner, Mr. Guenther, Mr. Perkins (came in at 7:52 pm)
President Greenbaum: There is one set of Minutes for Approval. It is the Minutes of the Closed Session of September 20, 2005. I would ask Mr. Buell to please move those Minutes.
Mr. Buell: I move the Minutes of the September 20, 2005, Closed Session.
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Does anyone have any comments, deletions, or questions related to those minutes? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
LETTERS FROM RESIDENTS/ORGANIZATIONS
1. E-mail received September 12, 2005, from Pam Cosgrove regarding Traffic Patterns at the High
2. E-mail received September 12, 2005, from Stephen Liska regarding New Parking and Traffic
3. E-mail received September 13, 2005, from Niall McStay and Lynette Rivera regarding Traffic flow at the High School.
4. E-mail received September 13, 2005, from Suzanne Jeska regarding Traffic Flow at the High
5. E-mail received September 13, 2005, from John & Mary Christian regarding High School Parking and Traffic flow.
6. E-mail received September 13, 2005, from Robert Rudolph regarding Parking Restrictions on Theresa Drive.
7. E-mail received September 19, 2005, from Lynn Hartmann regarding comments to Council.
RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS
8. Resolution received September 14, 2005, from the Township of Parsippany–Troy Hills regarding support of Assembly Bill A-4243, which would permit each Municipality to set the amount of the Dog License Fee.
9. Resolution received September 21, 2005, from the Borough of Morris Plains regarding each Municipality to set the amount of the Dog License Fee.
10. Resolution received September 21, 2005, from the Borough of Lincoln Park regarding condemning State Wide Local Domestic Preparedness Equipment Grants for Partisan Political purposes.
11. Resolution received September 21, 2005, from the Township of Hanover regarding submission of two Township Committee resolutions (Spending Limitations and Grant Funds) for consideration and support.
12. Resolution received September 22, 2005, from Rockaway Township supporting Assembly Bill 3526/Senate Bill 2144 “Christopher’s Law.”
13. Resolution received September 22, 2005, from the Town of Boonton opposing Exclusion of State Cap Law (Goose and the Gander).
14. Resolution received September 22, 2005, from the Town of Boonton regarding each Municipality to set the amount of Dog License fees.
15. Letter received September 12, 2005, from the Morris County Soil Conservation District regarding Turkey Brook Park Phase III.
16. Letter received September 16, 2005, from the State of New Jersey, Department of Environmental Protection, regarding Deficiency Letter for Application for Highlands Preservation Area Approval, Applicant: Seneca Hills Corporation Block 8800, Lot 33 (65-77 Smithtown Road).
17. Letter received September 16, 2005, from the State of New Jersey, Department of Environmental Protection, regarding Kevin B. Dorlon/103 Mine Hill Road/ Lot 19, Block 8500, Mount Olive Township.
18. Letter received September 19, 2005, from Amy S. Greene Environmental Consultants regarding Modification to NJDEP File #1427-04-0018.1 Minor Road closing / Block 7600, Lot 86 Mount Olive High School.
19. Letter received September 22, 2005, from the State of New Jersey, Department of Environmental Protection, regarding Stormwater Discharge Major Modification to the Master General Permit / CAT: R13 – Mining and Quarrying.
20. Letter received September 23, 2005, from the State of New Jersey, Department of Environmental Protection, regarding John & Linda Walsh/Walsh Single Family Residence Block 8100, Lot 3 (River Road); Agency Determination: Highlands Act – Except, Water Quality Management Plan – Consistent.
21. Letter received September 23, 2005, from the State of New Jersey, Department of Environmental Protection, regarding State of New Jersey/Allamuchy State Park, Byram Township, Agency Determination: Highlands Act – Exempt, Water Quality Management Plan – Not addressed / Consistent.
LEAGUE OF MUNICIPALITIES
22. Letter received September 14, 2005, from New Jersey State League of Municipalities regarding Notice of Proposed Dues Increase.
23. Letter received September 14, 2005, from the New Jersey State League of Municipalities regarding Municipal Issues 2005, Race for Governor New Jersey, State League of Municipalities.
24. Mayors Fax Advisory received September 23, 2005, from the New Jersey State League of Municipalities regarding Joint Highlands Forum and League Letter to Highlands Council, Office of Smart Growth and COAH.
25. Council Meeting Agenda received September 9, 2005, from the New Jersey Highlands Council regarding the September 15, 2005, Meeting.
26. Information received September 12, 2005, from the Northeast ADA & IT Center regarding
27. E-mail received September 12, 2005, from the Morris County Chamber of Commerce regarding Liberty Tour Cancellation.
28. E-mail received September 13, 2005, from Morris County Chamber of Commerce regarding Breakfast with United States Senator Jon S. Corzine.
29. Letter received September 14, 2005, from Southbranch Watershed Association regarding Hunterdon County Green Table.
30. Fall 2005 Course Schedule received September 15, 2005, from Center for Government Services.
31. Notice received September 16, 2005, from Assemblyman Guy Gregg and the United State Marine Corps Reserve regarding the 9th Annual “Toys for Tots” Holiday reception.
32. E-mail received September 19, 2005, from the State of New Jersey regarding the deadline to submit nominations for the 2005 Innovations in Governance Awards.
33. E-mail received September 19, 2005, from the Morris County Chamber of Commerce regarding interactive Workshop “Because we are Woman: Celebrating Possibilities.”
34. E-mail received September 21, 2005, from the Morris County Chamber of Commerce regarding the Economic Outlook/Business Development Awards Luncheon.
35. E-mail received September 21, 2005, from the Morris County Chamber of Commerce regarding Young Professionals Happy Hour.
36. Notice received September 22, 2005, from the Township of Roxbury Planning Board regarding a hearing for development for the decommissioning of the Skyview Wastewater Treatment Plant and the construction of a pump station.
37. Letter received September 23, 2005, from Anthony G. Wahl, Esq. regarding Gonzalez v. CEI Land Inc.
38. Newsletter received September 12, 2005, from the Council on Affordable Housing regarding COAH Seminars, Approval of RCA’s, RCA Amendments and Project Plan Amendments, Extended Substantive Certifications, New Jersey’s Housing Resource Center, Speaking Engagements and Training.
39. Letter received September 13, 2005, from Council on Affordable Housing regarding COAH Meeting on September 14, 2005.
40. Letter received September 23, 2005, from Hackettstown Municipal Utilities Authority regarding Woodfield As-Built Information.
41. E-mail received September 15, 2005, from Congressman Frelinghuysen regarding Emergency Tax Relief to Hurricane Survivors.
President Greenbaum: The next group of items for discussion are Correspondence. There are 41 pieces of Correspondence on the amended Agenda. Does anyone on Council have any particular piece of Correspondence that they wish to address further? Seeing none, we will move on.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: We have one Ordinance on for Public Hearing this evening. It is
Ordinance #35-2005 entitled:
Ord. #35-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender Residency Provisions.
President Greenbaum: At this point I would open it up to the public, for anyone who wishes to discuss this particular ordinance. Seeing none, I close it to the public and would ask Mr. Guenther to please move Ordinance #35-2005 on Second Reading.
Mr. Guenther: I hereby move for adoption of final passage of Ordinance #35-2005.
President Greenbaum: Mr. Buell did you want to make a motion to continue the Public Hearing on this?
Mr. Buell: Yes, I would like to make a motion to continue this. We met as a committee; Lee Mund, Chief Katona, and myself. We met to discuss this ordinance and we would like to come back to this Council at the next Workshop to discuss a revised ordinance, significantly revised.
President Greenbaum: Well, do you want to kill this ordinance, or do you just want to continue the Public Hearing?
Mr. Buell: I think it would probably be better to just kill this ordinance.
Mr. Rattner: Make a motion to table.
President Greenbaum: Okay, make a motion to table. The Motion is to table, is there a second to table?
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded, any discussion on the motion to table?
Mr. Buell: Yes, let me just… I would like everybody on the Council…
President Greenbaum: There is no discussion on the Motion to table… I am told.
Mr. Buell: Oh, okay I will bring it up at a new…
President Greenbaum: Okay, so then, there is just a Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The ordinance is tabled.
ORDINANCES FOR FIRST READING – (2nd reading October 25, 2005)
President Greenbaum: Ordinance for First Reading, with the Second Reading to be October 25, 2005. The first Ordinance #49-2005 entitled:
Ord. #49-2005 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of Certain Non-Union Personnel for the Year 2005.
President Greenbaum: Mr. Guenther, could you please move that for first reading.
Mr. Guenther: I hereby move for adoption and final passage of Ordinance #45-2005.
President Greenbaum: 49-2005?
Mr. Guenther: I am sorry, what? 45, which one?
President Greenbaum: 49.
Mrs. Lashway: You have a revised Agenda.
President Greenbaum: Its, 49.
Mrs. Lashway: There is a revised Agenda in front of everyone.
Mr. Guenther: 49?
Mrs. Lashway: 49.
President Greenbaum: Yes, and this is first reading.
Mr. Guenther: Alright, okay, gotcha. I move that Ordinance #49-2005 be introduced by title, and passed on first reading, and that the meeting be held on October 25, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law.
Mr. Buell: Second.
President Greenbaum: It has been moved and seconded. Is there any Council discussion? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The next Ordinance for First Reading is Ordinance #50-2005 entitled:
Ord. #50-2005 An Ordinance of the Township of Mount Olive to Amend and Supplement Ordinance Numbers #40-2005 and #43-2005.
Mr. Rattner: Thank you, Mr. President. I move that Ordinance #50-2005 be introduced by title, and passed on first reading, and that the meeting be held on October 25, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law.
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Is there any Council discussion on
Ordinance #50-2005? Mr. Buell.
Mr. Buell: Just very quickly, all this does, it is just adding some details on the temporary parking ordinances. To add in the fact that we do not want this to apply at times when the Mount Olive High School is not open and it does not apply to trucks and Township vehicles when they get onto these roads in terms of stopping and standing. At the next Workshop I will bring you an ordinance which will basically, coordinate all of these ordinances for all of the roads up near the High School.
President Greenbaum: Thank you Jim, I have been contacted by a resident who lives on Teresa Drive, who has indicated to me that the entire street does not want any parking restrictions on the street. We have had that discussion and talked about possibly putting it in place now but they would rather have no parking restrictions. He had indicated to me that, in fact, he was going to bring a petition with every single resident on that street. So my suggestion is that any changes which are done that would eliminate Teresa Drive as a….
Mr. Buell: The next group would not discuss Teresa Drive at all.
President Greenbaum: Okay, is there any other discussion on Ordinance #50-2005 for First Reading? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #51-2005 entitled:
Ord. #51-2005 An Ordinance of the Township of Mount Olive Amending Section 78-6 Entitled “Proximity of Licensed Premises” of the Township Code of the Township of Mt. Olive.
President Greenbaum: Mr. Buell, could you please move that ordinance for first reading?
Mr. Buell: I move that Ordinance #51-2005 be introduced by title, and passed on first reading, and that the meeting be held on October 25, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded, any discussion from Council? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously
Mr. Rattner: You looked worried.
President Greenbaum: Next items for discussion are 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.
1. Resolution of the Township Council of the Township of Mount Olive Urging New Jersey Legislature to Amend N.J.S.A. 52:32-44 and N.J.S.A. 40A:11-23.2 to Allow Bidders to Supply a Copy of Their Business Registration Certificate Within Five Business Days of the Bid Opening.
2. Resolution of the Township Council of the Township of Mount Olive Authorizing that Block 6201, Lot 13 be removed from the 2005 Tax Sale
3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Removal of the Following Properties from 2005 Tax Sale.
4. Resolution to Amend the Capital Budget – Pavilion for Turkey Brook Park.
5. Resolution to Amend the Capital Budget – Ironia Road Improvements.
6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Lands Known and Designated as Block 2912, Lot 2, which is No Longer Needed for Public use by the Township.
7. Resolution of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.
8. Resolution of the Township Council of the Township of Mount Olive Reducing the Contract Previously Authorized to Magnum Painting from $398,930 to $392,239.95.
9. Resolution of the Township Council of the Township of Mount Olive Refunding Fees for the Construction of a Building in Turkey Brook Park.
10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of an Application for an Exemption from the Highlands Regulations for the Potential Reuse of the Former Township Building Site.
11. Resolution of the Township Council of the Township of Mount Olive Authorizing and Architectural Agreement with Nadaskay Kopelson Architects Hereinafter Referred to as N/K.
Consent Resolutions Agenda
President Greenbaum: Does anyone wish to have any of the 11 Consent Resolutions removed? Seeing none, I would ask for a motion from Mrs. Labow to move the Consent Resolutions Agenda.
Mrs. Labow: I move the Consent Resolutions #1 through #11.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: It has been moved and seconded. Does anyone wish to have a brief clarifying statement? Seeing none, Roll Call.
Mrs. Lashway: Public Portion?
President Greenbaum: Oh, I am sorry.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: At this point, I would like to open it up to the public for anyone who wishes to discuss any of the particular items on the Consent Resolutions Agenda. Seeing none? I close it to the public Roll Call
ROLL CALL: Passed unanimously with the exception, Mr. Rattner abstained on #11
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: We move onto the Non Consent Resolutions Agenda.
RESOLUTIONS NON CONSENT
President Greenbaum: The first Resolution on the Non Consent Resolutions Agenda is
12. Resolution of the Township Council of the Township of Mount Olive Rescinding the Awarding of a Contract to Williams Scotsman, Inc. for (2) Modular Unit Storage Trailers, Awarding the Contract to Nadler Mobile, LLC and Approving a Change Order to the Contract.
President Greenbaum: Mr. Guenther, could you please move Non Consent Resolution #12
Mr. Guenther: I hereby move for adoption of Non Consent Resolution #12
President Greenbaum: It has been moved. Is there a second?
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on this particular Resolution? Seeing none, I close it to the public, Mr. Casey.
Mr. Casey: We have a substitute that we would like to give out. We were able to confirm today and get a commitment for a six week delivery of the new ones. We order it tomorrow morning because FEMA is moving in and placing huge orders. We confirmed today and we actually have a tentative delivery schedule of November 14th if we buy the new one, verses the used one. So the substitute Resolution we are passing out, is simply to accept the part… reject the old bid and accept the new bid without the change order.
President Greenbaum: Had we already accepted the old bid?
Mr. Casey: We had accepted the original bid of 47 that is why we have to rescind it.
President Greenbaum: Right.
Mr. Casey: When we found that out, in fact they had bid “used,” and we did not realize that until they sent us an amendment contract which had the word “used” in it. Because our specs said “new,” so we have to reject the 47 because it doesn’t meet specs.
President Greenbaum: And I assume that has been run through Mr. Dorsey’s office?
Mr. Casey: Yes.
President Greenbaum: And he has no problem Mr. Dorsey, no problem with this particular
President Greenbaum: Okay, anyone have questions? Yes Mr.…..
Mr. Rattner: Yes, I read your memo. I don’t have a problem with what happened. I am just not sure what we are buying. Are we buying new units that were manufactured back in 2001… is that what we are buying?
Mr. Casey: No, we are buying new units to be manufactured in 2005.
Mr. Rattner: Oh, okay, so they are new ones, I wasn’t sure reading the memo. Okay, not that it really makes much of a difference.
President Greenbaum: Any other questions or comments from Council? Seeing none, Roll Call.
ROLL CALL Passed Unanimously
President Greenbaum: The next item on the Non Consent Resolution Agenda is Resolution #13
13. Resolution of the Township Council of the Township of Mount Olive, Morris County, in Support of Assembly Bill A-4243, Which Would Permit Each Municipality to Set the Amount of the Dog License Fee.
President Greenbaum: Mrs. Labow, could you please move that Resolution.
Mrs. Labow: I move for approval of Resolution #13
Mr. Buell: Second.
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to address the Council on Non Consent Resolution #13? Seeing none, I close it to the public. Is there anyone on Council who wishes to discuss this particular Resolution? Seeing none, Roll Call.
ROLL CALL Passed Unanimously
1. Approval of Raffle Application #2100 & #2101 for Independence Township Booster Club Inc. and Raffle Application #2102 & #2103 for HSA St. Michaels and Raffle Application #2104 & #2105 for Parents Club Mt. Olive High School.
President Greenbaum: We are up to Motions. At this point I would ask Mr. Rattner to move the Raffle Application List.
Mr. Rattner: Thank you Mr. President, I move for Raffle Approval #2100 & #2101 for Independent Township Booster Club Inc. and Raffle Application #2102 & #2103 for HSA St. Michaels and Raffle Application #2104 & #2105 for Parents Club Mt. Olive High School and amendment to Bingo Application #2060.
President Greenbaum: Thank you, is there a second?
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Any discussion? Roll Call.
Mrs. Labow: I have to abstain from 2 of them; Parents Club, the #2104-#2105 because I am an officer in the Parents Club and yes for everything else.
ROLL CALL Passed Unanimously with the exception, Mrs. Labow Abstained on #2104 #2105
President Greenbaum: We are up to the Bill List. Mr. Buell, could you please move the Bill List?
Mr. Buell: I move the Bill List.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded. Any questions? Roll Call.
ROLL CALL Passed Unanimously
President Greenbaum: Mr. Casey, is there any additional Administrative matters?
Mr. Casey: Yes, we request an Executive Session to go over certain issues relating to selection of the new Administrator.
President Greenbaum: Okay, we will have that at the end of the meeting.
Mr. Casey: Thank you.
President Greenbaum: Any other Administrative matters?
Mr. Casey: That is all.
President Greenbaum: Okay, we are up to Old Business.
• Handicapped Parking at Library
President Greenbaum: I see that we had a proposal from the Library in terms of them wanting us to fund out of the Bond, the additional costs, relating to the Handicapped parking. Did you get that request Sherry? Or is that just…came to Council?
Mrs. Lashway: Just came to Council.
President Greenbaum: Just came to Council.
Mrs. Lashway: I gave Administration a copy.
President Greenbaum: It would be my proposal at this point, to hold off on dealing with this issue until the funding issues relating to the Library have been fully addressed. Does anyone have a contrary position?
Mr. Rattner: Well, if this funding ever comes out of the Capital, as part of the Capital appropriation that we have, which we know there is money for, it is also something that we have put on priority to get done and I think the public is expecting to see it done as soon as possible. We are going to do it one way or another, so we are not going to approve anything tonight but I at least want to move ahead because they have put a change order or whatever and just got a contract. We will have to put it on the next Public Meeting. I would rather not slow it down and in the next two weeks we can figure out all the other issues.
President Greenbaum: My understanding is that there may be issues related to contracts which were entered into, which have not been approved and for which there is no funding. I just want to make sure before we start spending money, and I agree with you, in terms of being a priority but I think we need to figure out exactly what’s what before we move forward.
Mr. Rattner: If you have information that we may have exceeded our appropriations and we can’t allow it anyway.
President Greenbaum: I don’t know the answer to that question as I sit here.
Mr. Rattner: Okay.
President Greenbaum: Yes, Colleen.
Mrs. Labow: If we wait much longer on this, we are going to miss the time of year to even do this, because we only have until the middle of November.
President Greenbaum: We are talking about two weeks, putting it off for two weeks. Are you in favor of moving forward with this at this time?
Mrs. Labow: I am, because they need to know if we are going to put this on the Capital, so they can send out their bid specs. That’s going to take time in itself. That could take… you figure if it’s two weeks from now, then another two weeks, you’re talking about the end of October. That only gives two weeks to get the project going, before the paving companies shut down. So I think to wait two weeks would be detrimental to this project being completed before the winter.
President Greenbaum: Sherry, do we know if there are existing funds or are we in the dark in terms of what the Library has encumbered without Council knowledge?
Mrs. Jenkins: I can tell you from our side, that we have sufficient funds. I am not comfortable with what may or may not have been committed over there…
President Greenbaum: Not comfortable in terms of your knowledge?
Mrs. Jenkins: We have some information, assuming we can rely on the information that we have, then we have enough funds to go forward.
President Greenbaum: Okay.
Mrs. Labow: I think what they just need to know now is, if we are willing to go along with this plan or not? So they can send out the bid specs.
President Greenbaum: I understand that, but you can’t get blood out of a stone and if the stone doesn’t have any blood left in it, then….
Mrs. Labow: I understand but I think that… looking at…
President Greenbaum: Well, you know what Colleen, since you are proposing that we move forward with it, we will take a vote as to… I assume you are putting a motion on the floor to move forward with the proposal as the Library Board has sent to us.
Mrs. Labow: I mean it would be nice if they came here and made a presentation but lack of that…
President Greenbaum: You know what, I think that we all have had sufficient information in terms of what the presentation would be and the fact is they would have been here tonight but for a scheduling error on our part. So I don’t think you can hold that against them.
Mrs. Labow: True.
President Greenbaum: You have so moved, is there a second to move forward on this?
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Is there any further discussion? Mr. Rattner.
Mr. Rattner: Yes, I think if we do it and put on the revisal that we accept it, providing that the CFO can provide the availability of funds that we should move ahead. I think at the last meeting we were discussing the fact that if we don’t do this right away, we are going to miss the window of opportunity because by time the contracts go out, the winter comes. You can’t get asphalt past the end of November and I think that was one of the big issues and I would rather not. If at all possible, if we don’t have the money I mean that is a separate issue, which we are going to have to address. I would like to move ahead, subject to the issuance of availability of funds, which is required anyway, until the CFO is satisfied, and I would not want her to do it on a guess or on a feeling or on a thought, that we just move ahead and do it that way.
President Greenbaum: Sherry, are we likely to see the Library Board coming in for funding on contracts which they have already entered into without Council approval? Is that your understanding, or are you not prepared to answer that question?
Mrs. Jenkins: We have a list of things that we got today from…
Mr. Casey: We have a statement of liabilities that the Library has, assuming that the statement is complete. There is one contract on it for about $40,000 that would require, in reality, for them to pay it and then for Council to later reimburse them because the work has already been done, has to do with the wiring of the building. That is the main issue we are looking at, the other items that are out there are items that have been discussed before in terms of general contract and the architect’s fees, etc. There is one that we learned today that has to do with the telephone and the data wiring in the building, which was not encumbered, about $40,000.
Mrs. Jenkins: There may be others, we don’t know…
Mr. Casey: That is what we got today.
Mrs. Jenkins: This is the list we got. We don’t know what else may be out there?
President Greenbaum: What was the one we reimbursed them for the last time?
Mrs. Jenkins: We have given them about, $220,000 this year and the bulk of it was for furniture.
Mr. Casey: Furniture and shelving.
Mr. Rattner: On the Bill List, I think at the last meeting there was something that sounded like the same thing. Some additional wiring because Jerry had to explain, saying… what is this? This is stuff that they needed because it wasn’t thought of and at that time it had to be about $10,000 or $20,000. Is this part of the same thing?
Mr. Casey: The majority of this wiring was done, for the internal wiring of the building, the internal wiring of the phone system, also the purchase of the phone system and the internal wiring for the computers. So this is from Verizon and the information that we have indicates it is for the phone system, the paging system, the telephone wiring and the cabling.
Mr. Rattner: I understand that. It sounds like some of the same stuff because remember Verizon didn’t do it right, so they hired somebody else. They didn’t tell us, remember I questioned the thing about the change order. That was another bill that we paid two weeks ago, that we had no knowledge of, until we got it.
Mrs. Jenkins: That is what we are saying, is that…
Mr. Rattner: It is part of the same problem.
Mrs. Jenkins: That is what we are talking about. We are saying we have a list, and we don’t know how complete that is? So well, I can give you a certification of funds right now; I don’t know what else is out there?
Mr. Rattner: Well, then you can’t say, you’re not comfortable, that’s what I am saying. Unless in another week before we have another public meeting you could and that’s why we don’t want to hold it up because I think every week makes a difference because winter is coming.
President Greenbaum: Well, it sounds like…Colleen did you have something else?
Mrs. Labow: Yes, I wanted to ask… just a question, so the money that we approved two weeks ago to correct the mistake that Verizon did, now they are saying we have to pay for the original project?
Mr. Casey: I asked for statement of liabilities and I received a statement today or actually late yesterday afternoon, of liabilities and one of which, most of which we knew, I mean Blackstone was on it, there was the architect was on it, there was information on the utility bills etc. There was also a copy of a bill from Verizon, which has not been paid yet and it may be in dispute but it is out there as a liability. So the issue that I asked of them is, give me a statement of your liabilities. Some of these liabilities are in dispute, i.e. Blackstone is in dispute, I still need to know from a planning standpoint, we need to know the scope of the total amount and then if it is litigated and there’s change, fine but we have to be prepared for the fact that we may have to pay it. So we have this statement from them for this amount of money, and as Sherry said, we are working on the assumption that Rita has given us a complete list.
President Greenbaum: Well, let me ask you a question Bob, taking a look at the financials of the Library, when you can compare the amount of money that the Library has on hand, verses the liability document that you got, what is the difference between the two?
Mr. Casey: Well, the issue that they came up with as you know, that the Library is reporting that the majority of their funding at this point in time is in the Building Fund and they show like $300,000 in the Building Fund. Okay, now we know from looking at that number that a $100,000 of that is in fact a State Grant that they have got to give back. Do you remember that, they got $499,000 they gave us $400,000? Well, that $100,000 is an amount that has to go back, okay? We also know right now that they owe a couple hundred thousand to the architect; I have a copy of the bill. So basically, that indicates that everything that she has shown as….and needed in the Building Fund, is in fact fully committed. The Building Fund is fully committed with those two liabilities.
President Greenbaum: What about the surplus fund?
Mr. Casey: Well, the issue is, Sherry did some information on that. If you look at what they spent and everything coming down, I think at this point in time, Sherry you indicating their free balance right now, is about what, $20,000? What did your numbers come up with?
Mrs. Jenkins: What I did, I sort of went through and rebuilt the Library Reports based on the information that I had and I came pretty close to numbers. Using her beginning balances but those are different from, the audit beginning balances, so I was able to come pretty close to what Rita was saying was her ending surplus balance, which as of August 31st was like $37,000.
President Greenbaum: Okay, that’s surplus.
Mr. Casey: That is uncommitted available because we are assuming that, in fact, the Building Fund is fully committed because we know where those liabilities are.
President Greenbaum: I would still like to…I will get to you in a second Mr. Rattner. I would still like to get to an answer to the question. We have $300,000 in the Building Fund which we now believe to be committed to either the architect or to the State of New Jersey, correct?
Mr. Casey: Correct.
President Greenbaum: We have another $37,000 in surplus, correct?
Mr. Casey: Correct.
President Greenbaum: What are the total of the outstanding liabilities of the Library at this point in time?
Mr. Casey: The information that I have received from the Librarian, which I have here, somewhere….
Mrs. Jenkins: I believe if you add them all up and exclude the one that we do have encumbered, which is for Blackstone, you will come up to about $500,000.
Mr. Casey: Right. The issue is, see, part of the issue is, if you look at the information that I received…
President Greenbaum: If you exclude?
Mrs. Jenkins: Yes, if you exclude the contract that we do have encumbered which we awarded, which is for Blackstone, and you add up the other things on here, you will come to about $500,000.
President Greenbaum: Of liabilities?
Mrs. Jenkins: Yes, potential liabilities.
Mrs. Labow: That we just found out about?
Mrs. Jenkins: Yes.
Mr. Casey: Well, that is assuming that all….
Mrs. Jenkins: Yes, that is assuming.
Mr. Casey: The part of the issue is that, there obviously is a major disagreement between the Library and Blackstone as to a bunch of change orders. So they have indicated to us that they are in dispute of $250,000.00 worth of work, okay, that is in dispute. We know that they owe them, Blackstone $178,000.00 under the old contract. They are showing change orders in dispute of about $250,000 and that is out there, and we know the architect is owed about $210,000. We know we’ve got about I said $39,000 excuse me, about $35,000 to Verizon that is the extent of what we know right now. We are assuming that those are the total exposure… of the Library.
President Greenbaum: Does that sound problematic to you Bob?
Mr. Casey: I would say that in terms of the issue, I think is the problematic one on that list is the estimated change orders, with the contractor, $250,000. I mean that is the problematic one. I mean the architect, they have a contract and that some things you should be able to tie down. I know that part of the architect’s expenses relate to costs that occurred after the project should have been concluded. This project was supposed to have been delivered, I believe, about, spring of 2004. It didn’t get done until the end of the fall, so there was a period of time the architect was then doing extra work, which under standard architectural contract is billable. So I think part of the expenses there which may in fact be a liability to Blackstone, so we don’t know the legal position of the Library relative to their contract and that is the problem.
President Greenbaum: Well, it seems to me, when we discussed the $500,000 number we were excluding the liability that was owed to Blackstone. So it seems to me and you know that I am not a financial genius, but those numbers do not add up. They don’t add up in a big way.
Mr. Rattner: I have a real big issue because a month ago we were told that we had all this money in there and we took out of the $5.1 or whatever we have for the Library construction, that we had all this extra money. We were sure, positive and everything else and we took $125,000 out so we could knock down the old building. Remember… I didn’t like the idea of taking it out, so what we have is problematic. If we said the budget or the appropriation to build the Library was $5.1, we have taken $100,000.00 out and the fear is that now maybe we need that $100,000. That is wasn’t extra money or something that they were done under. Obviously if the Library was withholding information, and that was my comment a couple of weeks ago about coming up with paying a change order that we didn’t know about, and say well they would have had to do it. That’s the problematic part of what’s been going on over there. So we have to look at…we may have to find a way of putting that money back because it was $5.1…
Mr. Casey: The only issue we weren’t aware of is this $250,000 in change orders. The Library’s…the architect’s contract is covered under the existing surplus number. The Verizon is only $34,000, $35,000 we had in that ordinance available….I think….how much Sherry?
Mrs. Jenkins: I think it was like $591,000.
Mr. Casey: Like $600,000.
Mr. Rattner: We were told, at least the way that I took it was, that there was $500,000 because we asked about any other bills coming in, that it looks like we would have, as of what we knew, $500,000 surplus and that is when we felt comfortable or unexpended. To be able to take that… use some of that because we know whatever we under spend on the Library, we basically have to give 25% back. It is not exact but it is a rough number since it was a 4 to 1 match on the Grant that we got from the Library. They gave us almost $1 million because we were going to spend $4 million, for every $100,000 we spend, we have to return $25,000.
Mr. Casey: And that is the money that the Library is sitting on.
Mr. Rattner: Yes, they say they have that money there but we thought we had the money but may end up with a problem because you’re saying that with everything, we are not even sure if we have every expense. That, that $500,000 that’s out there might not be enough to cover all the liabilities.
Mr. Casey: No, what we are saying is, the only item on this list which is different. The Blackstone $178,000 has been encumbered because that was part of the original contract, correct? The Library has the money set aside for the architect, as part of the $300,000 the missing number here, that is brand new to us is the question of change orders.
Mr. Rattner: That is what I am saying, we are not sure.
Mr. Casey: That is $250,000.
Mr. Rattner: Another $250,000…so…
Mr. Casey: That’s the number which would not have been in those earlier accountings.
Mr. Rattner: So then, instead of having $500,000 of available funds, we may have $250,000.
Mr. Casey: We may, assuming that $250,000 works out, we don’t know.
Mr. Rattner: Let’s just say the $250,000 is at $250,000, I mean right now because we don’t have any better information so we have to put that in the equation. Then for this extra $30,000 or whatever it is, to do the handicapped parking, we should be able to resolve that fairly quickly, to find out if we really have the funds, and that is what I want to get to.
President Greenbaum: Mr. Guenther.
Mr. Guenther: The worse part here is…. and I am going to go back to a question that I think that, regarding the last meeting or the meeting before. I think Mr. Semrau took some notes. I would like to ask Mr. Dorsey, it’s my understanding they don’t even have an attorney and I would like to know the status of that, to what extent they need an attorney because it sounds to me like they have some legal problems with Blackstone.
Mrs. Labow: Bernie, they have construction attorney they did hire last year. They just don’t have a Library attorney. They hired counsel for the construction.
Mr. Guenther: Then the worse in part…then going beyond that, is this $250,000 all there is? Is this in dispute. Could it be… could there be more, coming down the pipe?
Mr. Casey: That we do not know?
Mr. Rattner: I think that is the fear that we have.
Mr. Guenther: Yeah, that’s a fear I have.
Mrs. Labow: How do we find out though?
Mr. Guenther: Well, they don’t have to tell us, right?
Mr. Rattner: We don’t have to pay it.
Mrs. Jenkins: They are supposed to disclose that kind of information to the auditor when the audit is done…
President Greenbaum: Aren’t they supposed to get approval?
Mrs. Jenkins: And one of the questions I had is why do we have none of these liabilities disclosed? I was on the Library Board starting back in 2000 when they originally entered into the contract with Blackstone and I don’t remember seeing any liabilities on the audit report for that. So I sort of find it strange that they entered into the contract, I know they committed they had $500,000 or $600,000 in the building fund at that time. Now why, wasn’t that booked as a liability at that point?
Mrs. Labow: In the past 20 months they didn’t mention any kind of change orders, I don’t know if Mayor De La Roche, if he remembers them talking about this? At the meetings, with the Trustees I never heard it.
Mr. Dorsey: Well they sound like change orders that Blackstone may have submitted that they have not yet agreed to.
Mr. Casey: That’s what they are, I think these are demands by Blackstone, which in reading some of the Minutes, I think their construction manager and architect had rejected.
Mrs. Labow: Wouldn’t that go to the Trustees at the meeting for a discussion also?
Mr. Casey: Not if they rejected it right up front. It wouldn’t even get to you. They are just basically telling the contractor….no.
Mrs. Labow: Oh, okay.
Mr. Casey: But she is indicating that there is that issue out there, that there is that dispute. See, again, we have to have more specific information from the construction attorney as to what is in fact a reasonable outcome from that liability issue.
President Greenbaum: Is that what we are really talking about here Bob? I just want to make sure I understand. There is $250,000 or so of change orders and $40,000 bill to Verizon, those are the only two liabilities which are outstanding which are beyond our available funds at the Library, is that correct?
Mr. Casey: We have fully encumbered the Blackstone contract, right Sherry?
Mrs. Jenkins: Yes.
Mr. Casey: So Blackstone is taken care of with their base contract and their approved changed orders that we have encumbered. The architect has been agreeing to by the Library Board and Rita has said all along that that $300,000 she has basically got as her Building Fund that goes to the architect and to the State, should they infact have to give back the money. So the open issue would be, does conflict with the contractor over these alleged change orders and the one bill we found out about today from Verizon which is $34,000.…. $35,000.
Mrs. Jenkins: I just also wanted to say something that is important. The money that they had in their operating surplus which was $262,000, the reason that has dropped is because $200,000 of that was moved over to now cover the architect’s contract. Okay, so there was way more surplus before that, that money was now moved out to cover the architect contract.
Mr. Rattner: How did $200,000 from our building appropriation get into their operating accounts and surplus? We have been going back, either paying the bills as they came due, or reimbursing them. How did we pay them in advance because that is where the $200,000 probably came from right? The $200,000 for an architect is definitely a construction cost.
Mrs. Jenkins: I don’t think I understand what you are saying Steve?
Mr. Casey: My understanding is, the Library agreed to pay the architect from the start, out of their existing Building Fund.
Mrs. Jenkins: Yes, when I was on the Board that was the agreement.
Mr. Rattner: I thought it was the Project Manager, I thought that was the thing for Mr. Ayers?
Mrs. Jenkins: No, when I was originally on the Board in 2000, it was around the time when they hired Dennis Kowall, the architect. They had about $500,000 or $600,000 I believe in their Building Fund and the agreement was that they would pay for the architect.
Mr. Casey: And what they’ve done, what you have seen thus far, is that when, for instance they bought shelving or they bought furniture, then we have reimbursed them and that is what you see. When you look at what Sherry did, one of the things is…they paid out and we reimbursed them, so it was a revolving fund.
Mr. Rattner: Well, we did that because at their request we modified the Bond Ordinance because originally they were going to raise the money through Fund Raising which they came up short. We felt it was reasonable to get the shelving and that type of thing and since we had the money to put that in. I would love to go back because I remember Mr. Ayers, but I didn’t know they had enough money to pay for both the architect and the construction manager.
Mrs. Jenkins: The architect, he was receiving payments when I was on the Board.
President Greenbaum: Okay, so I just want to make sure I understand this, that the money which is encumbered, which is a liability, which there are not sufficient funds for currently, are the $275,000 in change orders and the $40,000 Verizon bill. That’s it, that we know of, correct?
Mr. Casey: Correct.
President Greenbaum: The $275,000 change orders are in dispute. Ultimately they maybe a liability but should have been shown on the books as a liability because ultimately the Library may be responsible for payment of those bills and to the extent the Library is responsible for the payment of those bills, they don’t have the money to pay for them as they sit here today. They would have to come back to Council and request additional funds out of the remaining bonding for the Library, correct?
Mr. Casey: Correct.
Mrs. Labow: Sherry, in July I think it was, we reimbursed them $193,000 and that was, I think you had a meeting with Rita and that was going to go into their operating expense but then they moved it to their Building Fund.
Mrs. Jenkins: To cover the architect.
Mrs. Labow: To cover the architect, so they didn’t have the money in their Building Fund to cover the architect until reimbursed them.
Mrs. Jenkins: Yes, exactly.
President Greenbaum: So, basically they have been taking from Peter to pay Paul?
Mrs. Jenkins: Yes.
Mr. Casey: Correct.
Mrs. Labow: Which makes it very confusing for accounting when there was a procedure set in place that, they should have been following.
Mrs. Jenkins: That is what I am saying, the money was there is surplus, and what happened is, it has all been moved to the Building Fund to cover the architect.
President Greenbaum: It’s not just confusing, but it’s improper. Its improper accounting procedure… I am not saying it is illegal, I am just saying that it’s improper accounting procedures. It’s not acceptable accounting procedures.
Mr. Rattner: One thing I want to separate, you know the thing about these additional change orders, that a contractor comes up with at the end of a job, is not really unusual and that’s why you have…
Mr. Casey: Standard.
Mr. Rattner: Well, I am just saying not unusual but that’s when you have a good construction attorney and Project Manager because what happens is the contractor puts in all these change orders. They come in, the Attorney and the Project Manager looks it over and said, okay, that was supposed to be part of the contract here it is, line 6 sub chapter A. This was supposed to have gotten a previous approval. You didn’t do it, you did it at your own risk and in all practicality you settle, usually settle for something in the middle, but just because they come with a whole bunch. Sometimes you get lucky and can fight them all off, depending on who is doing it. Sometimes you have to settle on some… but coming up with a big number at the end is not unusual and it’s also something they may have not known about because a lot of times the contractor saves them all up. This way he gets paid on his other stuff and then he sends them all in. So I don’t want to say that anybody did anything improper on that because I imagine every contract, every project we have had in this town, we probably had some of the same things and sometimes we have gotten lucky on them, sometimes we ended up in litigation.
Mrs. Labow: On that end, but the rest of it was not….
President Greenbaum: Yes, when you take money which is encumbered for….
Mr. Rattner: Oh, that is a separate issue…
President Greenbaum: Payment for the architect and you buy furniture with it and you expect and hope the Town is going to reimburse and then the Town doesn’t, of course we did, and then you got a problem.
Mr. Rattner: I just wanted to separate the two. The change order is not something that is unusual and that does happen.
President Greenbaum: Okay, at least I have a good understanding of where we…I have a good understanding of what we know. What we don’t know still scares me. How much do we have left in the Bonding for the Library?
Mrs. Jenkins: Like I said Rob, I believe it’s about $591 right now.
President Greenbaum: Left, even after….
Mrs. Jenkins: Yes.
Mr. Rattner: Worse case scenario.
Mrs. Jenkins: That is net of everything I have encumbering, that I know about.
President Greenbaum: $591.
Mrs. Jenkins: Not this $210 for the architect or any additional money.
President Greenbaum: Okay.
Mr. Rattner: Okay, so now we are down to $290.
Mrs. Jenkins: If you take out what’s due.
Mr. Rattner: You said the $210 wasn’t included.
Mrs. Jenkins: Well supposedly, now that they moved the money from Operating to the Building Fund, they are able to cover the architect contract. So we supposedly don’t have to worry about that but they are short on operating expanses, so I guess, you know… do you follow my train of thought?
President Greenbaum: Yes, Alright, we are back to the original item, which was approving additional funds for the work to be done related to the handicapped parking. Mrs. Labow, I think, made a motion to move forward with that, are you still…
Mr. Casey: If you’re concerned, you can indicate to the Library that they are to bid it, but you know, you want to see the final number before you award the final bid number. That way you have a couple three weeks before everything falls into place.
Mrs. Labow: Instead of losing all that time.
Mr. Casey: I mean, yes, basically say go ahead and put the bid out, prepare the bids and bid it but hold off on the awards since, in fact, you are going to pay it.
Mr. Guenther: Well, if we are going to pay it, why aren’t we going to award it?
Mrs. Labow: Yes, that is what I was just going to say…
Mr. Casey: Because up to this point in time, you basically held the Library there, they had their own engineer etc. did all the work and everything. I mean you know, you can argue all you want on that. All I am saying is, authorize them to proceed with the understanding they are not to accept the bid without your approval.
President Greenbaum: That’s the motion which is on the table.
Mr. Guenther: Okay, good, second.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on this motion? Judy, do you want to speak over here.
Mr. Rattner: At least there is no slope.
President Greenbaum: I’m sorry, times up……
Ms. Hirky: Watch it…..
Judy Hirky, Lozer Road, Budd Lake: First of all I want to thank you, for continually and not putting the handicapped parking on the back burner. I, and all the rest of us in this town thank you. I just had a couple of questions. You hear a lot of we came in under budget. Don’t explain it to me because I don’t think it can be explained. How do you come in under budget and have no money? Something is going on, you know and something is very, very upsetting. I think you should look into those bills, very carefully. The money is being spent like it was water, except water is just as precious. For example at the last Library Meeting they had a Bill List and they just okayed $4,000.00 for library Adirondack chairs for the children’s library. It just seems to me if we are having problems with money, $4,000.00 for…I don’t care how many chairs, it’s a lot…What!
Mr. Rattner: I heard it was 4 chairs.
Ms. Hirky: 4 chairs, $4,000.00 out of our pocket?
Mr. Rattner: Gas is very expensive to get to the upper Adirondacks.
Ms. Hirky: I mean… this is an example of what goes on, I think, I don’t know how the law reads? But it seems to me that people are spending money like it doesn’t cost anything, I mean 4 chairs? Thank you very much, that just…
President Greenbaum: Thank you, is there anyone else from the public who wishes to be heard on this issue? Seeing none, close it to the public. Let’s have a Roll Call. Do you have something else?
Mr. Guenther: Can you just review for me on what we are voting for?
President Greenbaum: We are voting to allow the Library to move forward with the bidding of the proposed handicapped parking and cut out of the curb and that they are not allowed to award the contract without Council approval.
Mr. Guenther: Okay.
Mrs. Labow: They are extending the sidewalk and…
President Greenbaum: Their proposal.
Mrs. Labow: Their proposal
President Greenbaum: Their proposal, we are allowing them to bid it out, but not to award the contract. It has been moved and seconded, correct?
Mrs. Lashway: Yes.
President Greenbaum: Roll Call.
ROLL CALL Passed Unanimously
President Greenbaum: Okay, the motion carries. Next item on Old Business, Mr. Casey.
• Mine Hill Rd. Phase I
Mr. Casey: We had some discussions with the Attorney relative to verification as to the right of way issues and I think John and I have been doing some title searches in order to verify where the right of way is and whether in fact it is something that would require us to get right of access agreements from the property owners. Hopefully, we will have some answers in a couple of weeks once the title searches are done.
President Greenbaum: Any questions, any other Old Business, any New Business? Legal Matters Mr. Dorsey.
Mr. Dorsey: None.
President Greenbaum: Council Reports, Library Board Liaison Report, Mrs. Labow.
Library Board Liaison Report
Mrs. Labow: We meet on the 12th of October.
President Greenbaum: Recreation Liaison Report, Mr. Mund.
Recreation Liaison Report
Mrs. Lashway: He is not here.
President Greenbaum: Oh, I am sorry.
Mrs. Labow: That meeting is this Wednesday, I am covering for him.
President Greenbaum: Board of Health Report, Mr. Guenther.
Board of Health Report
Mr. Guenther: There was a meeting… What?
Mrs. Labow: Oh, I am sorry it’s next Wednesday, I am covering for him excuse me, Bernie.
Mr. Guenther: There was a meeting last week, unfortunately, there was a last minute emergency on my part. I couldn’t attend. Essentially it was fairly routine. The gentleman that owns Brooklyn Bagel did come in. Apparently the Health Department is working with him to see if the proper remedies can be taken so he can resubmit for, to obtain his license, or if that is the proper word… his certification, anyway, to obtain the Health Department permit, for him to open again but he has to reapply for that.
President Greenbaum: Planning Board Report. Mrs. Labow.
Planning Board Report
Mrs. Labow: We had cancelled our last meeting because we had no applicants but we do have the Marvel Farms issue which we are going to have a special meeting this Thursday, it has been advertised. That’s all, talk to you about that in two weeks.
President Greenbaum: Board of Adjustment Liaison Report, Mr. Perkins is absent. Open Space Committee Report Mr. Guenther.
Board of Adjustment Liaison Report
Open Space Committee Report
Mr. Guenther: No report. The next meeting is on the 10th of October.
President Greenbaum: Legislative Committee Report, Mr. Mund is absent.
Legislative Committee Report
Mr. Guenther: I just wanted to mention, I am working with Mr. Mund and I am getting a letter out to Assemblyman Gregg on traffic issues.
President Greenbaum: Okay, very good, you will report back. Should I put that under New Business or wait to hear from you?
Mr. Guenther: Put it up for the next time, for report, when does Mr. Mund come back?
Mrs. Labow: I think not until the 11th because I have to cover for him on the 5th.
President Greenbaum: We will put it on for the 11th, which is our next Public Meeting.
Mr. Guenther: I will do a draft and we will go over it before the meeting so we can get this letter out.
President Greenbaum: Okay, any help you may need, I am more than happy to help you with the drafting of the letter. Pride Committee Liaison Report, Mr. Perkins is absent.
Pride Committee Liaison Report
President Greenbaum: Board of Education Liaison Report, Mr. Buell.
Board of Education Liaison Report
Mr. Buell: They met last night the only thing that was really interesting was that they announced the tests or the results for a testing program. The Mount Olive Senior SAT verbal and math are up some 32 points from last year. All of the tests in all of the grades showed marked improvement throughout the years.
President Greenbaum: Excellent. Let’s hope those improved grades relate to improved educational techniques as apposed to the change in the way the tests are scored.
President Greenbaum: Lake/Environment Issues Committee, Mr. Rattner.
Lake/Environment Issues Committee
Mr. Rattner: The only thing I have to report is the semi-annual lake clean up is this Saturday.
Mrs. Lashway: It has been changed, it is October 29th.
Mr. Rattner: Isn’t that the 29th?
President Greenbaum: October 29th. That is right around Halloween which is the 31st of October.
Mr. Rattner: I am sorry, I just read the mail before I came in and it looked like it was a last minute change and we were just getting it out. Okay, then nothing to report other than the 29th of October we will look for volunteers to help us with the lake clean-up.
President Greenbaum: Safety Committee Liaison, Mr. Guenther.
Safety Committee Liaison
Mr. Guenther: There was no meeting, there was one scheduled last week but do to the fact that several of our Emergency services personnel are…the second team went down to Louisiana I guess and the first team came back. In that connection I would like to make a suggestion that, when the next team comes back and maybe the Administration could let us know, I would like to have a….I would like us to have a little reception, a little ceremony of recognition for them for their public service.
President Greenbaum: Absolutely, Mayor did you have something?
Mayor De La Roche: Yes, we already are planning it.
President Greenbaum: Okay, well please include Council in your planning.
Mayor De La Roche: Of course.
President Greenbaum: Thank you, Finance Committee Report.
Finance Committee Report
Mr. Rattner: Nothing to report.
President Greenbaum: Economic Development Committee Report.
Economic Development Committee Report
Mr. Rattner: Nothing to report.
President Greenbaum: At this point I will open it up to the public, for anyone who wishes to speak on any issue. Does anyone from the public wish to be heard? Yes, one at a time, you have to go up to the microphone and state your name and address.
Pasquale Parrotta, 19 Chestnut Way, Millbrook Estates, Flanders: We are here on behalf of the community. A couple of different residents are here with me for the emergency access road that has been put there, adjacent to the Oakwood Village Apartments that are right behind us. The other residents are here with me, we all live around that road and the problem that has become with that road is, the community is about 34 homes and behind us is the Oakwood Village Apartments. Over 1,000 residents live there that are continuously coming through our development at paces and speeds that are detrimental and hazardous to children that are playing in the development.
President Greenbaum: Can I cut you short for a second? So I can get to the pertinent facts, is that intended to be emergency access only?
From the Audience: Yes.
President Greenbaum: It was.
From the Audience: Yes, supposedly.
President Greenbaum: Okay, you know what? Have you brought this too the Administration’s attention at this point? Have you gone to the Fire Marshall or to Mr. Casey in terms of…because we will take a look at that issue for you. It’s an important issue. If you would like I can ask Mr. Casey to speak to both the Fire Marshall and to the Traffic Officer and to get back to you in terms of what can be done. For instance in my neighborhood, we have an emergency access. I live in Flanders Crossing and the emergency access has two metal… for lack of a better term, pillars, that block the traffic from going in and out but can be taken down or run over in case of an emergency. So perhaps that is the requisite response. I will get to you in a second. You will have to come up to speak but until we have the pertinent information from both those departments in terms of what that access was intended to do and what we can do, and what the problems are associated with doing that, or no problems associated with doing that, we are kind of in the dark up here. So I understand your issue. I think we all understand the issue but without the pertinent information from our professionals, we can’t do anything for you right here today except to tell you that I will put it back on the agenda for two weeks and at that point we will have the relevant information that we need to be able to address the issue.
Mr. Parrotta: Is there anything that we need to do in the meantime to expedite that?
Mr. Casey: Yes, can you talk to the Chief and give him some relative information he can meet with tomorrow on it. He is the one with the funny looking tie.
President Greenbaum: I am sorry Chief. You have to get up to the podium if you’re going to speak. So that is what I suggest you do. You can always contact me through the Council office and I am always available, any of us are always available. We will pursue the issue and get to the bottom of it. Okay?
Mr. Parrotta : Okay.
President Greenbaum: Did you have something else you wanted to add. You have to go up and state your name and address.
David Natal, 18 Chestnut Way: Yes, I believe there was a request by the Board because we have a Board in the Village and they said that there was a fence that they wanted to put up and stuff, that they could go through whenever. Like if an emergency vehicle has to get through, they could get through but the other vehicles couldn’t go through the street. I believe they submitted an order for that or something like that.
President Greenbaum: I don’t know anything about it and I am sure that both the Fire Marshall and Officer VanNess will be able to address this issue relatively quickly. Officer VanNess, who is the Traffic Safely Officer in town, is exceptional and he will be able to identify all the pro’s and con’s in terms of blocking that access and whether or not it is appropriate and if it was intended to be blocked. If it is, then we will get it done, post haste, Okay?
Mr. Natal: Okay, thank you.
President Greenbaum: Okay, thank you. Yes sir.
Raghuraman Krishhnamurthy, 21 Chestnut Way: This access road actually runs across on the property of mine and my neighbors. I certainly appreciate the help that we can expect from this Council but while we are going to that motion, is there anyway we could get one of your police officers to possibly stop by and possibly act as some kind of deterrent, while we are doing this stuff.
President Greenbaum: You would have to speak to the Chief and I am sure, while it would be nice to post and officer there full time…speak to the Chief and he will tell you what can and cannot be done. I am sure the Chief needs to educate himself as well, in terms of that particular access drive. The Chief is always accommodating wherever he can be.
Mr. Krishhnamurthy: Some of the drivers up there appear to be quite young and they drive at crazy speeds all through the night and we have kids and everything else. I do realize this is something that’s not going to be done over night, it is going to take a while for you do this appropriately and anything that kind of spreads the word around that this is not a neighborhood for kids to do this kind of thing would certainly be of help.
President Greenbaum: I can appreciate that. I can tell you, that if it were my house my wife would be standing out there chasing and yelling after the cars as they went through.
Mrs. Labow: If it were my house, I would be out there chasing people too.
President Greenbaum: Thank you, anyone else from the public who wishes to be heard this evening? Yes sir, Mr. Lata, come up and state your name and address for the record, and again if you can be brief, it is appreciated, thank you.
Walter Lata, 34 Budd Lake Heights Road, Budd Lake: I was just wondering, how the Administration is coming along with my answers and dates, the questions and the detention basins, that I had submitted.
Mr. Casey: Mr. Lata a letter was mailed out I believe yesterday, Friday yesterday, so you should have gotten it today or tomorrow.
Mr. Lata: Alright and how can we put something in place for the Township for future promotions with employees that some type of test has to be taken, prior to the position just being given to somebody, that is a friend of somebody’s. So they have to take a test and whoever has the highest score would be eligible.
President Greenbaum: I believe in certain areas within the Township there are tests, like the Police Department has promotional tests I believe. Our code is… I don’t know the answer to that question, and I am not sure, that ultimately, that there is a simple answer to that question. While I understand your perspective, there are certainly other concerns that would need to be addressed before something like that were put in place. Right now the decision as to who to hire and who to promote is really the Mayor’s under our form of Government with certain exceptions and those exceptions being, those being specifically laid out which requires the advice and consent, the advice of the Mayor and the consent of the Council, such as department heads. Otherwise it is within the Mayor’s province in terms of who he is going to hire and promote and I don’t know whether the Mayor is prepared to address, whether or not he feels that a change is in order, or has any comment on this issue.
Mayor De La Roche: Well, I think you answered the question.
Mr. Lata: I had sent an email to Officer VanNess in concerns about the high rate of speed on my road and asked if we could get a speed bump or a ramp put in and he said, no. Is there anyway to have something put there to slow the traffic down?
Mr. Rattner: Which road is that?
Mr. Lata: Budd Lake Heights Road.
President Greenbaum: Yes, I will ask officer VanNess to provide us with a report, as whether or not he believes that a speed bump is appropriate on Budd Lake Heights Road.
Mr. Lata: A question for the Mayor. What is your position on how these supervisors mistreat the employees.
President Greenbaum: Mayor, I would not answer that question…
Mayor De La Roche: I don’t know how to answer that question.
President Greenbaum: And to the extent that you are going to speak at the meeting, I would simply ask that you pull the microphone down because we can’t pick you up otherwise. Thank you.
Mayor De La Roche: I don’t know how to answer that question because… you know you can’t define it. Maybe you could repeat it. I am not sure I understand it. How do I feel about the way the people treat the employees?
Mr. Lata: No, supervisors and directors.
Mayor De La Roche: How they treat the employees?
Mr. Lata: Yes.
Mayor De La Roche: As far as I know they treat them extremely well. So I don’t know how I could answer the question other than to say, the people for the most part, as far as I know, have no problems.
President Greenbaum: Walter, I don’t believe that is an appropriate question for this Council Meeting. I understand exactly what you are trying to do and what your points are. This is not the time or place to ask that type of question. If you’re asking about speed bumps or if you’re asking about detention basins, those are the proper questions that any resident can ask about. When you start getting into questions which are of questionable, legal, in light of the history obviously, I don’t believe this is the appropriate forum. I would imagine that Council would indicate that those types of questions should not be answered here at the Council level. Is that in fact true, Mr. Dorsey?
Mr. Dorsey: Very difficult to answer.
President Greenbaum: Okay, anything else Mr. Lata.
Mr. Lata: Then if it is not appropriate to ask the questions here at the Council Meeting, what would I need to do to get those questions answered?
President Greenbaum: Well, to the extent that you have a problem with one of the staff or several of the employees, the appropriate thing to do is to write letters or to speak to Mr. Casey, so that he can deal with them and place them in the appropriate files as they are required to do. Council is not a disciplinary body and it’s just not in anyway helpful to your cause as I see it, to be here raising those types of questions. I mean you already made your point two weeks ago about your feelings, about Mr. Quinn and I just don’t see that you’re accomplishing anything further and perhaps you can educate me as to what it is that you are trying to accomplish because I am not trying to stop you. I am trying to run the meeting as best I can.
Mr. Lata: What I am trying to accomplish is basically to prove that Mr. Quinn is not a very good candidate to be a DPW Director. If people on the Council had read my questions, they should realize that some of the things that Mr. Quinn has done is not appropriate. As a Council representing town residents to see how the money is being spent that, something should be done and I feel that the Council should do something about it. Either going directly to the DPW Director or going through the Mayor or whatever but something should be done with Mr. Quinn.
President Greenbaum: Well, I can tell you. Certainly all of your concerns were given to each Council member and not one of the Council members has come forward indicating a desire…I don’t even know if we could, but indicating a desire to pursue the issue on your behalf. So I am not certain what further you’re intending to accomplish, because it doesn’t seem to me that you’re making any headway with this Council. I don’t know how else to put it, Walter.
Mr. Lata: So I guess the Council agrees that it is professional for someone to carry a knife on their belt?
President Greenbaum: I don’t think that the Council is making any determinations other than the fact that, to the extent that you feel that you have a problem with one of the employees, it is an Administrative matter to be dealt with by the Administration. We are a legislative body and we act accordingly. Mr. Rattner.
Mr. Rattner: Just as a practical matter, the way the system worked, is the Mayor put up Mr. Quinn’s name after he was the acting foreman for a year, a year in a half, and he asked us to appoint him and this Council did. I mean we… we acknowledged the recommendation of the Mayor and we gave our concurrence that we did. Now, he basically serves until such time that he leaves or the Mayor appoints a replacement and we then confirm that but now it is in Administration. They do it for a very good reason that we are Legislative, they come for advice on certain things but the Mayor is the person who runs the town. All the employees with the exception of the Clerk’s office report to him through basically the Business Administrator but right now the Mayor came to us. We did vote on it and now the only time a change can happen is if the Mayor again, presents us with the next name because even if his term runs out, he can be a holdover until a replacement is acknowledged, confirmed. So there is nothing that we really can do at this point.
Mayor De La Roche: Just so the public is aware, Mr. Lata was represented by the Union when he had a problem and it was resolved between the Union and the Administration. This is all subsequent to the decision, so these are… I don’t know if these are personal attacks or whatever they are but…and also in regards to Mr. Quinn, as I recall the Council had glowing comments regarding the appointment of Mr. Quinn. As a matter of fact, Mr. Greenbaum the Council President, indicated this is the best thing I have done since I am here, at that time. I think we all, some people might be taking a back step now but that was not the issue at the time. As I indicated, that is what the appeal process is for. If there is a problem now that is what the Court system is for but the Union did handle it.
President Greenbaum: The Council is not a jury and to the extent that you had an issue that’s unresolved with the Administration, your appropriate remedy at this point is litigation because we are a legislative branch. We are not to second guess the decisions of the Administration with respect to employee decisions.
Mayor De La Roche: The decision was not of the Administration, the decision was by a mediator, Robert?
Mr. Casey: We had mediation on this… this issue, in attempt to resolve it and it could not be resolved.
Mayor De La Roche: And so that the record is also clear. I recused myself from getting involved in the case because of my personal friendship with the Lata family. So I think that is part of the record also. So I don’t know why I am getting involved now but I am just saying to you that it went through the process. There is an additional appeal process. I guess it’s in the Court system, if that is what you choose to do but there is really nothing that we can do at this level.
President Greenbaum: Thank you, anyone else from the public who wishes to be heard? Mr. Smith, please state your name and address for the record.
Jim Smith, Kenmar Road, Budd Lake: I just had a couple of questions. A couple of them are basically impertinent as you have all heard me here in the past… recent in reference to the Old Town Hall. One of the questions that we have is that… Mr. Greenbaum, I know is aware that the Stormwater Act which went into effect, it took effect, in February 2004, prohibited the construction or reconstruction on anything within 300 feet of trout spawning waters of the lake. Now a Resolution was passed here tonight to make applications to the Highlands as far as getting an exemption from the Highlands Act. At that point you would have to also make a request to the State as far as under that, to get an exemption in relation to that and I don’t know if anything allows that exemption at this point. I think that should be part of the record in relation, if the Council is not aware of that? I know, at least Mr. Greenbaum is because that went into effect when he was sitting on the Planning Board. The other thing I would like to do is, if possible, and I don’t know where the proper venue is as far as who to get that permission from, that we can enter… that the Historical Society can enter the Old Town Hall prior to the projected demolition because one thing we still have some items left in the old Administrator’s office in the back corner that we would like to remove out of there before they get mixed up in the mess. The second thing is we would like to see if there is anything else that can be saved of Historical value for the building and where do we go as far as getting that permission.
President Greenbaum: Well, I can tell you that I am in receipt of your memo, or actually I am in receipt of a memo from Bob Casey, dated September 22, 2005, addressing your request and as far I am concerned it is an Administrative matter. The Mayor has control over the buildings and the grounds of the Township and it’s not the Council’s place to either grant you permission, or to bar you from entering the building. So unless I hear differently from anyone else up here, if you get that permission from the Mayor and it’s safe to go into the building then the Mayor is the one that is going to grant you the permission to go in.
Mr. Smith: We have had problems as far as my request from Mr. Casey. He told me that he was going to have to speak to people. I interpreted it, that I was not denied from him that it was going to be interpreted from…that, that permission was going to come from Council.
Mr. Casey: I did say…what I basically indicated to you, when you came to Council is putting it out so if they have any strong feelings and issues they can make their feeling known to us and if the Council, if Mr. Greenbaum is speaking for Council and they have no feeling on the issue, then fine, we will address it. I just wanted to give them an opportunity to get involved.
President Greenbaum: Bob, it’s up to the Administration. So if you get permission from the Administration…
Mayor De La Roche: There is no objection from Council as far as I am concerned.
President Greenbaum: I don’t see that we have any standing to object, nor would I see any reason why, I personally, why I would object to that?
Mr. Rattner: As long as he can safely go in, as long as safety can be protected, that’s all there is….
Mr. Smith: Well, I had signed when I had gone in, and in fact what had started this issue, back in May, when we went in at that point to take pictures of the internal building for archives. I had signed a release at that point and wore a hard hat and all the things that were required by the Administration for that.
President Greenbaum: That is Council’s position. Thank you.
Mr. Smith: Okay, Thank you. Then I can speak to you on that Mr. Casey, if I could get an answer please?
Mr. Casey: Yes, sir.
President Greenbaum: Thank you, Mr. Smith.
Mr. Labow: Thank you, Mr. Casey for including us on that.
President Greenbaum: Mr. Smith, let me just speak on behalf of Council, that we all thank you for working on behalf of the Township even though, we may have come to a different conclusion in terms of that particular building. We are all working for the same cause which is for the betterment of Mount Olive, although we may not see things the same way but I do appreciate your efforts.
Mr. Smith: Can I respond?
President Greenbaum: Absolutely…It is not a response, it is a compliment but you can certainly respond.
Mr. Smith: I thank you Mr. Greenbaum. My whole issue on this was because of the Historical value of the building and what we pushed from that point of view. I am not trying to make an issue of it in any other way, only from that.
President Greenbaum: I understand.
Mr. Smith: Thank you.
President Greenbaum: Okay, is there anyone else from the public who wishes to be heard? Seeing none, close it the public. Final Comments, Mayor, do you have anything?
Mayor De La Roche: No.
President Greenbaum: Mr. Buell?
Mr. Buell: No.
President Greenbaum: Mrs. Labow?
Mrs. Labow: Not tonight.
President Greenbaum: Mr. Guenther?
Mr. Guenther: None, I am determined to make this a record for Adjournment of a Public Council meeting.
President Greenbaum: Well, we haven’t gotten through Mr. Rattner yet?
Mr. Rattner: I just have a short, four items. No, I have nothing.
President Greenbaum: I have nothing, motion to adjourn?
Mrs. Lashway: No.
President Greenbaum: Wait, we are going into executive session, I forgot that.
President Greenbaum: We are going to move into an executive session to discuss an employment issue and there will be no action taken when we come out of executive sessions. So in all effect from the public’s perspective, the meeting is concluded. Although we will officially adjourn the meeting at the conclusion of the executive session. When we go into executive session, everyone who is in the room who is not either the Business Administrator or needed for the executive discussion, needs to leave the room. So at this point Bernie do want to move us into executive session?
Mr. Guenther: Under section 7 & 8 Open Public Meeting Act I hereby move that we adjourn to Executive Session for the purpose of discussing an employment issue.
Mrs. Labow: Second.
President Greenbaum: It has been moved and seconded, all in favor?
Passed Unanimously AYE
President Greenbaum: Aye’s carried.
Adjourn to Executive session: Motion to go in to the Executive Session made and seconded. All were in favor, the Executive Session started at 8:45 pm and ended at 9:01 pm. The meeting reconvened and was adjourned at 9:01 pm.
Robert J. Greenbaum
I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on , 2005.
Lisa M. Lashway