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Mt. Olive
Township Council Minutes
September 13 , 2005
The Regular Public Meeting of 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 with respect to those who are protecting our freedoms around the world and for victims of the Gulf tragedy.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner,
Mr. Perkins, Mr. Greenbaum
Also Present: Mayor De La Roche; Mr. Casey, Interim Business Administrator;
Mrs. Jenkins, CFO; Mr. Dorsey, Township Attorney;
Mrs. Lashway, Township Clerk
Questions on Bill List?
President Greenbaum: Let the record reflect that Mrs. Labow contacted me and advised that she was stuck in traffic and would be here approximately at 8:00 pm. At this point in time does anyone have any questions on the Bill List which they would like to forward to the Administration to be answered at the end of the meeting?
Mr. Rattner: I have three. I had contacted the Administration earlier in the day, so they have those, so I don’t have to bring it up now. They can answer them at the end of the meeting.
President Greenbaum: Okay, does anyone else have comments or questions that need to be answered by the Administration? Seeing none, we will move on to Approval of the Minutes. Mr. Buell could you please move the Minutes of August 23, 2005, and the Minutes of September 6, 2005, Closed Session.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Aug. 23, 2005 Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner
Absent: President Greenbaum, Mr. Perkins
Sept. 6, 2005 CS Present: President Greenbaum, Mr. Buell, Mrs. Labow, Mr. Mund,
Mr. Rattner, Mr. Perkins (lease of property matter only)
Absent: Mr. Guenther, Mr. Perkins (absent for Labor issues)
Mr. Buell: Thank you. I move for approval of the Minutes of August 23, 2005, and the Closed Session
Minutes of September 6, 2005.
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded, are there any comments or deletions, or corrections to those minutes? Seeing none, Roll Call.
Roll Call: Passed Unanimously with the exception, Mr. Guenther abstained on Sept 6, 2005, Mr. Perkins abstained on both and Mr. Greenbaum abstained on August 23, 2005
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. E-mail received August 17, 2005, from David and Lois Ensel regarding Ban on High School
Parking.
2. E-mail received August 17, 2005, from Stephen Liska regarding Ban on High School Parking.
3. E-mail received August 17, 2005, from Tom Daviau regarding High School Parking Issue.
4. E-mail received August 17, 2005, from David and Lisa Cassidy regarding High School Parking.
5. E-mail received August 18, 2005, from Lynette Rivera regarding Ban on High School Parking.
6. E-mail received August 21, 2005, from Jim Philpott regarding Ban on High School Parking.
7. E-mail received August 22, 2005, from Suzanne and Dave Jeska regarding Parking on Streets around Mount Olive High School.
8. E-mail received August 23, 2005, from Kasha Struble regarding Parking problem at High School.
9. Letter received August 26, 2005, from Mount Olive Soccer Club regarding field usage fees.
10. Letter received August 31, 2005, from Garden State Chapter of the Myasthenia Gravis Foundation, Inc. regarding Mount Olive declaring June as Myasthenia Gravis Awareness Month.
11. E-mail received September 9, 2005, from Vic Fedorov regarding the 10th amendment, Free Assembly, Building.
RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS
12. Resolution received August 24, 2005, from the Borough of Madison regarding allowing bidders to supply a copy of their Business Registration Certificate within five days of the Bid Opening.
13. Resolution received August 25, 2005, from Township of Bernards regarding Amendment of the Senior Property Tax Freeze Protection Act to Provide for Higher Income Limitations.
14. Resolution received August 31, 2005, from Morris County Board of Chosen Freeholders regarding imposing limits on the annual NJ State Budget to include spending limitations comparable to those required of municipalities, counties, authorities and school districts.
15. Resolution received September 8, 2005, from Township of Warren regarding Property Tax Freeze Protection Act.
DOT / DEP / LOI
16. Letter received September 2, 2005, from State of New Jersey, Department of Environmental Protection regarding Green Acres Program, Budd Lake Bog, Turkey Brook Park and Mount Olive Greenway.
LEAGUE OF MUNICIPALITIES
17. E-mail received August 19, 2005, from New Jersey State League of Municipalities regarding Pension and Benefit cost.
18. Letter received August 24, 2005, from New Jersey State League of Municipalities regarding League Seminar “Preserving the Public Trust.”
19. E-mail received August 31, 2005, from New Jersey State League of Municipalities regarding Fuel Cost Cap Relief.
20. Letter received September 2, 2005, from New Jersey State League of Municipalities regarding League Delegates Luncheon.
21. Reservation Information received September 2, 2005, from Morris County League of Municipalities regarding Buffet at the Lake Hopatcong Yacht Club.
22. E-mail received September 6, 2005, from New Jersey State League of Municipalities regarding Hurricane relief.
23. E-mail received September 7, 2005, from New Jersey State League of Municipalities regarding Possible Gas Gouging.
MISCELLANEOUS
24. Letter received August 22, 2005, from Gerald Sheard regarding utility cost for the new Library.
25. Letter received August 22, 2005, from Gerald Sheard regarding Library’s lack of communication.
26. E-mail received August 24, 2005, from Morris County Chamber of Commerce regarding Young Professionals Committee hosing an August Happy Hour Event.
27. Letter received August 29, 2005, from New Jersey Highlands Council regarding Planning Assistance Grants, Council on Affordable Housing (COAH) Planning Grants for Third Round Municipalities.
28. E-mail received August 29, 2005, from Morris County Chamber of Commerce regarding Liberty Tour.
29. Letter received August 29, 2005, from The South Branch Watershed Association regarding Hunterdon County Green Table 2005-2006 Schedule.
30. Letter received September 1, 2005, from Morris County Green Table regarding invite to the next gathering of September 20th.
31. Letter received September 2, 2005, from Nadasky Kopelson Architects regarding Renovation of Existing Library Building to Mount Olive Child Care & Learning Center –Proposal to Provide Architectural and Engineering Services.
TORT
32. Notice of Motion to amend pleading received August 30, 2005, from Anthony G. Wahl regarding Gonzalez, et al v. CEI Land, Inc.
UTILITIES
33. Letter received August 23, 2005, from Comcast regarding channel changes.
LEGISLATIVE REPRESENTATIVES
34. E-mail received September 2, 2005, from Congressman Frelinghuysen regarding Helping the Victims of Hurricane Katrina.
35. E-mail received September 8, 2005, from Congressman Frelinghuysen regarding US House Helping Hurricane Victims.
President Greenbaum: The next item for discussion is Correspondence. There are 35 pieces of Correspondence on the Amended Agenda. Does anyone have any comments on any particular piece of Correspondence received? Seeing none, we will move on. We are up to the portion for Public Hearing which is Ordinance #30-2005, an Ordinance which was carried from the last public meeting because of absences. At that time the public discussion was closed, however, Mr. Smith, the President of the Historical Society, has a presentation. Mr. Smith before we get to it, Mrs. Labow asked that she be present so that she could hear what you have to say, and we are going to carry that until she gets here. I will reach that immediately upon her arrival.
ORDINANCES FOR PUBLIC HEARING
Ord. #30-2005 Bond Ordinance Amending Bond Ordinance Numbered #11-2001, as
Supplemented by #6-2002, of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, in Order to Provide for the Demolition of the Old Municipal Building.
President Greenbaum: Moving on to the next ordinance then is Ordinance #32-2005 entitled:
Ord. #32-2005 An Ordinance of the Township of Mount Olive Authorizing the Acquisition of
Block 3700 Lots 5 and 42 Owned by J.M.I. Associates.
President Greenbaum: At this point in time I will open to the public to anyone who wishes to speak on this particular ordinance. Seeing none, I close it to the public and would ask that Mr. Mund please move Ordinance #32-2005 for adoption.
Mr. Mund: I move for adoption and final passage of Ordinance #32-2005.
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded, is there any discussion from Council? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: I declare Ordinance #32-2005 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 #33-2005. Is there anyone from the public who wishes to be heard on this particular ordinance? Seeing none, I close it to the public and I would ask Mr. Rattner to please move Ordinance #33-2005.
Ord. #33-2005 An Ordinance of the Township of Mount Olive Establishing the Salary of the
Deputy Township Clerk for the Year 2004.
Mr. Rattner: I move for adoption and final passage of Ordinance #33-2005.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded, is there any Council discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #33-2005 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 discussion is Ordinance #34-2005. Seeing none? I close it to the public and I would ask Mr. Perkins to please move Ordinance #34-2005.
Ord. #34-2005 An Ordinance of the Township of Mount Olive Providing for the Installation of
Traffic Calming Devices on Certain Streets.
Mr. Perkins: Thank you, Mr. President. I move for adoption and final passage of Ordinance #34-2005.
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded, any Council discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously with the exception of Mr. Rattner voted no.
President Greenbaum: Ordinance #34-2005 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 discussion is Ordinance #35-2005. Is there anyone from the public who wishes to be heard on this ordinance? Seeing none, I close it to the public and ask Mr. Buell to please move Ordinance #35-2005.
Ord. #35-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender
Residency Provisions.
Mr. Buell: I move Ordinance #35-2005.
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Any Council discussion? Mr. Buell.
Mr. Buell: I understand to implement this there are extensive costs associated with mapping out these various facilities, mapping out what is 2,500 feet from these facilities. I would like to have some estimate of what that cost is that it’s going to cost the Township to do that very mapping of this particular ordinance.
President Greenbaum: Well, do you wish then to continue this public hearing?
Mr. Buell: I would like, I have several questions about this ordinance and that is one of them. I asked for that at the last meeting when this was introduced. I understand there are extensive dollars involved with just actually drawing these maps up.
President Greenbaum: Mr. Casey, is there any way that information can be put together or gleaned from perhaps a municipality which has adopted a similar ordinance?
Mr. Casey: In talking to the Chief we were looking at the costs which were incurred with the drug enforcement zone where he had to basically submit certified maps to the County etc. I think the Chief indicated that cost us a couple hundred dollars per page, for everyone that goes down, had to be signed, by the time you had to mark them up and everything else. This one, if you look at this, since your affecting almost the entire tax map, we can get him the numbers as to what it is, but…how many tax maps do we have? We have to have 50 tax maps or better.
President Greenbaum: So about $5,000 is you’re best estimate?
Mr. Casey: At a minimum and then the question is, that the Attorney has to rule, whether we get involved in how we handle the signage and everything else, John, is to how that effects, verses the signage we have to use for the, you know, the drug free zones which requires signage out there. How do we post notice of this?
President Greenbaum: Just so the public is aware, this is an ordinance which deals with residency of sex offenders who have been identified to the police who are living within our municipality and restricting residency within a certain distance of schools, and parks, playgrounds, and daycare centers. It is a similar ordinance which has been adopted in several municipalities through the State of New Jersey.
Mayor De La Roche: Yes, I just think the public ought to be aware that it is prospective as opposed to retroactive, right? In other words if people are living somewhere already it doesn’t affect them, so how effective it’s going to be? I don’t know.
Mr. Rattner: Well, do you want to move to hold the Ordinance until….
Mr. Buell: Can I finish? I have several questions that relate to… just questions. Child care centers or day care centers, I know of at least four or five day care centers that are in people’s homes, probably illegal. I don’t know if they are registered.
Mayor De La Roche: That wouldn’t affect them.
Mr. Guenther: Could you give us a list?
Mr. Rattner: I think under a certain amount, under a certain amount you don’t have to register.
Mr. Buell: So I have some issues with… what are the definitions of what is a day care center?
President Greenbaum: Why don’t we carry the ordinance. Why don’t you submit your questions in writing to the Administration and we will carry it to the next Public Meeting to see if we are prepared to move forward with adoption of the ordinance at that time based on information received from the Administration. Is that fair?
Mr. Buell: Yes.
President Greenbaum: Okay, so then we will continue the public hearing on this?
Mr. Dorsey: And can we have a motion to continue it in two weeks for public hearing?
Mr. Guenther: So moved.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded, all in favor?
ROLL CALL: Passed Unanimously
President Greenbaum: We will continue the Public Hearing on Ordinance #35-2005. The next ordinance for Public Hearing is Ordinance #36-2005. Mr. Buell, could you please move Ordinance #36-2005?
Ord. #36-2005 Bond Ordinance Amending Section 3(a) of Bond Ordinance #11-2001, as Supplemented by #6-2002, as Amended by #9-2004, as Amended by #35-2004 of the Township of Mount Olive, In the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, as Amended April 13, 2004, as Amended November 9, 2004, in Order to Provide for the Acquisition and/or Installation of a Mobile Video System.
Mr. Buell: I move Ordinance #36-2005.
President Greenbaum: Before there is a second, I procedurally need to open it up to the public. Is there anyone who wishes to heard on this particular ordinance? Seeing none, I close it to the public. Mr. Buell you’re moving this Ordinance for adoption?
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Is there any discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #36-2005 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 #38-2005.
Ord. #38-2005 Bond Ordinance Amending Bond Ordinance Numbered #26-2005 of the Township of Mount Olive, in the County of Morris, New Jersey, Finally Adopted August 9, 2005 in Order to Amend the Description of the Project and Title of the Ordinance. (Clarifying and removing the word “expansion” from Ord. #26-2005)
President Greenbaum: This relates to the Old Library Building. Is there anyone from the public who wishes to be heard on Ordinance #38-2005? Seeing none, I close it to the public and would ask Mr. Mund to please move Ordinance #38-2005.
Mr. Mund: I move for adoption and final passage of Ordinance #38-2005.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded, any discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously with the exception, Mr. Rattner Abstained
President Greenbaum: Ordinance #38-2005 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 #39-2005. Is there anyone from the public who wishes to be heard on this ordinance? Seeing none, I close it to the public. Mr. Perkins, could you please move Ordinance #39-2005.
Ord. #39-2005 An Ordinance to Amend Ordinance #22-2005 “An Ordinance of the Township of Mount Olive Authorizing a Lease Agreement Between the Township of Mount Olive and the Mount Olive Child Care and Learning Center” (clarifying and removing the word “expansion” from Ord. #22-2005)
Mr. Perkins: Thank you, Mr. President. I move for adoption and final passage of Ordinance #39-2005.
Mr. Mund: Second.
President Greenbaum: Moved and seconded. Any Council discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously with the exception, Mr. Rattner Abstained
Mr. Rattner: I am abstaining again, just for clarification, because I am a Trustee of the Mount Olive Child Care and Learning Center.
President Greenbaum: Ordinance #39-2005 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 #40-2005. Is there anyone from the public who wishes to be heard on Ordinance #40-2005? Yes sir, Mr. Russell. Could you please go up to the podium and please state your name and address for the record.
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.
Nelson Russell, Budd Lake: In reading the ordinance I think that 90 days imprisonment is awfully severe for a parking violation.
President Greenbaum: Do you think 45 is better?
Mr. Russell: I don’t feel any imprisonment is appropriate for a parking violation.
President Greenbaum: The ordinance is drafted consistent with other motor vehicle laws, such as speeding, which also contain provisions for imprisonment. I can tell you that in the 15 years that I have been practicing before the municipal courts of New Jersey, I have never seen anyone jailed for speeding. It is within the discretion of the court.
Mr. Russell: Why do we have it in the ordinance then?
Mr. Dorsey: Because statutorily that is the maximum penalty that is permitted.
President Greenbaum: It’s within the discretion of the court and if there weren’t grounds for jailing somebody, which I can’t imagine there ever would be, and someone got jailed it would be appealable to Superior Court of New Jersey and ultimately it would be overturned. It’s the bounds which are allowed by law, in terms of penalties for that type of….
Mr. Russell: It just seems awfully excessive.
Mr. Greenbaum: Yes sir, you look familiar. State your name and address for the record.
Bob Levin, Theresa Drive: I know we are only a couple of days into the new school year and I do appreciate the Council’s and the Township’s consideration of the neighborhood and of the parking situation. I have two issues on this. One is, we have absolutely no cars on Theresa Drive at all for the first two days and speaking from the residents, I am a resident on Theresa Drive, I honestly don’t think this ordinance is a necessity at this time. That is the first point. The second point, if the Council feels inclined to pass this ordinance, we strongly object to language that just limits it from 7:00 am to 5:00 pm with no indication of school days or non-school days because there is absolutely no reason to have this ordinance in effect when school is not in session whether it is holidays, or summer vacation, or extended Christmas vacation.
President Greenbaum: I appreciate that Bob, and if I may interrupt you, because I had a discussion with Mr. Rudolph who lives on Theresa Drive and I also had a discussion with Officer VanNess, the traffic enforcement officer of the Mount Olive Police Department. First and foremost, these ordinances are adopted to protect, basically because the people on the street where the ordinance is adopted desire to have this type of ordinance. We, as Council members, do not like to adopt these types of Ordinances; we do because we need to protect the residents. So to the extent that the residents on Theresa Drive don’t want to have an ordinance with regard to no parking, I can tell you that I personally would not be in favor of adopting an ordinance. I, too, have come to the realization, through speaking to people over the last two days, that there hasn’t been a parking problem on Theresa. Although in speaking to Officer
VanNess he assures me that the parking problem is likely occur after the first of the year for various reasons and this was an attempt by the Council to be proactive. We were aware of the fact that there was going to be no parking for any students at the High School. The High School worked with the Council, came up with an excellent solution, which is the Solar Swim Club lot and the JCC lot and the School Board was extremely effective in terms of negating what we saw as a potential nightmare in terms of both drop off and parking all around the school. There are, I believe, two options available to the Council at this time consistent with your comments. Number one is to not adopt this ordinance at this time, or two, to amend the ordinance to reflect that the no parking is in effect only on days that school is in session. Previously that has not been available to us. We have been advised that that type of ordinance created too many issues and would not be enforceable. I have been advised by Officer VanNess this evening and I believe Mr. Buell probably wanted to move to amend this ordinance to reflect that the no parking would only be in effect when school is in session. So we are aware of the comments that you have. We want to work the ordinance so that the residents of Theresa Drive are satisfied that they are protected and we are left with basically two options at this point. One, is to not adopt the Ordinance until there is a problem and two, is to amend it consistent with the type of wording you want it to have in there. So I don’t know…if I could, I would interrupt and have Mr. Buell chime in here.
Mr. Buell: The reason for this, and I was up there both yesterday and today and recognized that there is no parking on Theresa Drive. I am very careful about this. The problem is, at this point in time they have 85 spaces at the Solar Sun Club, and those spaces are all gone. So from now on if you look at the calendar year, as the kids reach their 18th year, every month we are going to have at least ten, twelve, fifteen kids, throughout next June looking for parking spaces because there are no more at the Solar Sun Club. At some point in time we are going to have people parked on Eric Court and on Theresa Drive. We looked at Eric Court in terms of imposing the same ordinance there and possibly on Jeffery Court, and we did not do it there, but we looked at… Theresa Drive is a very specific case, because I suspect just basically upon, it is the closest street to the school. That’s where the kids that are no longer going to be parking in the Solar Sun Club are going to park. The problem is these kids will have to arrive before 6:00 am in the morning. It’s dark. You have an 18 foot wide macadam road up there. If you have cars parked on both sides of the road, you’re going to have a 9 foot corridor. There are no sidewalks on your street. This ordinance was looked at in a proactive standpoint from the sake of just public safety.
Mr. Levin: And I appreciate that and I think Council has done a great job, quite frankly. The surprise to all of us residents, we really expected a parking problem day one which did not materialize and I agree it will progress as more juniors get their licenses. It may be in the best interest of all to defer it for a month or two and see how it progresses, but minimum…and Bob I appreciate, you know and Council, I think you laid out two very good options as a minimum, amended to only to pertain to only during school hours.
President Greenbaum: I can tell you that…Mr. Guenther go ahead.
Mr. Guenther: Well, you know yourself we have been through this several times, where you went progressively as each neighborhood got evaded by cars, for lack of a better term. We kept passing ordinances. This has been in the past, and there is a lag term in putting the ordinances in effect as well, Mr. Guenther (cont’d): First Reading, Public Hearing, and then the publication etc. I think that if you put it on delay, you can always not have the police enforce it. I mean that is always an option and just say to the police, look there is not a problem here, don’t enforce it on Theresa Drive, but let’s have it on the books, because I see that as a problem as Jim said. As increasing people come in, if you hold it off for two months, you’re not going to be able to put it into effect and then we are going to have people in here screaming why you haven’t prohibited parking on Theresa Drive because it is a problem.
Mr. Buell: I just thought of another solution. If we amend the ordinance, pass the ordinance and then just put, don’t put up the signs.
Mr. Dorsey: No, wait a minute, hold on a minute, you can’t. If you’re going to amend the ordinance, you do that by Resolution tonight. Then the ordinance itself will be carried at least for two weeks for final adoption. So why don’t you do that? Maybe you will want to weigh it further. The idea of adopting an ordinance and not enforcing it is a very troublesome idea. The idea of adopting the ordinance and then not putting up the signs is equally troubling. It just kind of shifts the responsibility off into neverneverland.
President Greenbaum: The sense Bob, the sense that I am getting is that one of the two options is going to be adopted. It is either going to be amended or its going to be defeated and then brought back up at a later time. Which option would you favor at the present time?
Mr. Levin: Speaking from my perspective at this point, I would defeat it because we don’t have an issue. If you adopt the ordinance, then the residents on Theresa Drive and I think Bob Rudolph sent many of you an email, service trucks, friends coming over, they have no place to park. If we get inundated with cars, we still have no place to park.
President Greenbaum: You just have to realize if it is not adopted, if it is defeated and ultimately parking becomes a problem, its going to be a while that you are going to have to deal with the parking problem.
Mr. Levin: I absolutely, I do understand that, I think if it does become a problem is when the councilman stated it would each month we would see it get progressively worse. I don’t think we will have an issue overnight.
President Greenbaum: Thank you, if there is anyone else here that lives on Theresa Drive who would like to chime in on which option they believe is more palpable, now is the time to speak up. Anyone else wishing to be heard on this ordinance? Seeing none, I will close it to the public. At this point in time I would ask Mr. Perkins to move Ordinance #40-2005.
Mr. Perkins: Thank you, Mr. President. I move for adoption and final passage of Ordinance #40-2005.
President Greenbaum: Is there a second?
Mr. Mund: Second.
President Greenbaum: It has been moved seconded, Council discussion. Mr. Buell you have a motion to amend?
Mr. Buell: Yes, I would like to make a motion to amend section A to include the words, “during the school year.”
Mr. Dorsey: Well, you have to include it in section 1-A and section 1-B, right?
Mr. Buell: Okay, 1-A and 1-B. You’re correct.
Mr. Dorsey: When the High School is in session that is what I was…
President Greenbaum: What’s the legal residual…
Mr. Dorsey: Mr. Buell has made a motion to amend. Is there a motion to second?
Mr. Rattner: Second.
President Greenbaum: It has been moved and seconded. Is there any discussion? First I will open it up to the public.
Mr. Dorsey: No, no.
President Greenbaum: What, they don’t have a right to speak on the amendment? Okay, is there anyone from the Council who would like to discuss the motion to amend? Seeing none, Roll Call on the motion to amend the ordinance.
Roll Call: Passed Unanimously with the exception, President Greenbaum voted No
Mr. Dorsey: Didn’t you have to have a motion to put it down for Public Hearing and final adoption in the amended format?
President Greenbaum: Okay.
Mr. Dorsey: And the earliest would be two weeks.
President Greenbaum: Mr. Buell, you will make such a motion?
Mr. Buell: I will make a motion to…
President Greenbaum: To have it for second reading in it’s amended form in two weeks at the next Public Meeting.
Mr. Buell: I would make a motion to continue it for another two weeks.
President Greenbaum: It’s not continuing. It is a motion for second reading in its amended form.
Mr. Buell: Motion for second reading in amended form in two weeks.
Mr. Rattner: Second.
Mrs. Lashway: I think we have to go to October. I have to advertise…
Mr. Rattner: Well, alright just tell them when.
President Greenbaum: October 11th.
Mr. Dorsey: Mr. Buell’s motion is to set Ordinance #40-2005 as amended for final reading on October 11th.
President Greenbaum: 2005. Is there a second?
Mr. Rattner: Second.
President Greenbaum: Seconded by Mr. Rattner. Roll Call on the motion to have second reading on the amended ordinance on October 11, 2005.
Roll Call: Passed Unanimously with the exception, Mr. Greenbaum voted No
President Greenbaum: Okay, so the ordinance in its amended form will now be heard for second reading, for public hearing on October 11, 2005. Mr. Rattner.
Mr. Rattner: This is not just on this, but it’s on the situation that just came up. I had the feeling that we are going to keep doing this piece meal. Okay, we will take this out, only do on certain days. I just heard a thing about local delivery. Most other towns and most other areas that I have been aware of, when they have ordinances like that, local delivery is not prohibited because whether it be your UPS man, whether it be your oil delivery, whether it be the gardener, you know, he has to unload his lawnmowers. I think we really have to look at it. We have a specific reason, what we are trying to accomplish, and we have to look at an 18 foot road, if that is what it is. It’s not designed to have parking on either side, especially at dark, because the travel lane has to be about nine feet wide. You have to be practical and you are going Mr. Rattner (cont’d): to have a delivery. That is not what we are trying to stop. We are not trying to stop somebody that is going to drop off some kids at some house, that is going to be there for a couple minutes. We are talking about parking for a good portion of the day. I think we should word it to put that in there. I think that would alleviate some of the concerns or a lot of the concerns that a majority of the people would have. They really don’t care about the students parking there. They would rather not have them. They are worried about the other things that they have to do during the day and I think if we do that we eliminate that and we also put that on to all the other streets that we have done. I think we should modify them and look at them in bulk and modify them, to put them on just on school days, we know those same people are going to come asking us to do the same thing.
President Greenbaum: Okay, unfortunately we have already made a motion.
Mr. Rattner: Oh no, I am just saying that we should look going forward.
President Greenbaum: I am sure the enforcement with respect to local deliveries is not going to occur. The next ordinance for Public Hearing is Ordinance #41-2005. Is there anyone from the public who wishes to be heard on Ordinance #41-2005? Seeing none, I close it to the public and I would ask Mr. Buell to please move Ordinance #41-2005.
Ord. #41-2005 An Ordinance of the Township of Mount Olive Prohibiting Parking on Vaccaro Road.
Mr. Buell: I move Ordinance #41-2005.
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded any discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #41-2005 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 #42-2005.
Ord. #42-2005 An Ordinance of the Township Council of the Township of Mount Olive
Establishing a School Crossing on Cory Road at the Intersection of Victoria Drive.
President Greenbaum: Mr. Rattner can you, I am sorry, I will open up to the public for Public
Comment on Ordinance # 42-2005. Mr. Nelson, please state your name and address for the record.
Nelson Russell, Budd Lake: I feel Section 2 is redundant. It’s impossible to violate the provision…establishing a crossroad, a crosswalk. Normal traffic laws should prevail in terms of violating a crosswalk.
President Greenbaum: Thank you, does anyone wish to comment? Thank you, is there anyone else in the public who wishes to be heard? Seeing none, I close it to the public. Mr. Rattner, could you please move Ordinance #42-2005?
Mr. Rattner: Thank you Mr. President. I move for adoption and final passage of Ordinance #42-2005.
Mr. Mund: Second.
President Greenbaum: Moved and seconded. Any Council discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #42-2005 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 #43-2005.
Ord. #43-2005 An Ordinance of the Township Council of the Township of Mount Olive Establishing No Parking, No Standing, No Stopping on Various Roads in Conjunction with the High School Construction Project.
President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #43-2005? Yes, please state your name and address for the record at the podium.
Lynette Rivera, 2 School House Lane: First and foremost I just want to address the Council and just commend them for the efforts they have done in such a short amount of time. Traffic and parking seems to be flowing as of today, however, I do have one concern. I wanted to know what measures or steps are being taken for special school activities, may it be football games and other such activities, or what is being done to address that?
President Greenbaum: Mr. Buell.
Mr. Buell: I was going to address this at New Business tonight. As part of this process and going around and talking to many of the residents up in this area and having email discussions on the issue, it has come up related to special events at the High School, in terms of the same problem exists. I expect during special events as we expected were going to happen during the school year, that is, Jocynda, Patlyn and School House Lane, you probably do have cars parked on both sides of the street in those cul-de-sacs. It is an issue I was going to bring up but I was going to question the Council as to whether this was the time to address that issue or not and it is an issue that has been raised for more consideration.
President Greenbaum: It needs more consideration.
Mr. Buell: Yes.
President Greenbaum: And it needs the input of Officer VanNess as well.
Mr. Buell: And the School Board also.
President Greenbaum: Yes, and the School Board. It is an item which is going to be listed for a Workshop in the very near future, either next week or two weeks following that. Okay, I will make sure, if you want leave your name with the Clerk and she will notify you as to when. Actually we have your name and address, because it is in the record this evening. If you would like to be notified just tell her and she will get notice out to you letting you know we are discussing that issue.
Mrs. Rivera: I appreciate it. Thank you.
President Greenbaum: Thank you, is there anyone else in the public who wishes to be heard? Seeing none, I close it to the public. I am sorry, yes sir, I reopen it to the public.
Chris Noble, 7 Patlyn Road: Just wanted to make sure we were going to look toward the amendment that we were going to include only during the High School days?
Mr. Buell: Yes, we need to pass these resolutions and these ordinances and then we will have a resolution which will make these things effective as of tomorrow.
Mr. Noble: Okay.
Mr. Buell: Because none of the parking resolutions that we have put into effect are effective until tomorrow when this resolution…I will bring back probably at this same meeting, the amendment of all of these regulations for all of these streets except for Vaccaro. I suspect Flanders-Netcong and Flanders- Drakestown and Cory Road to amend them to all include, during the school year.
Mr. Noble: Okay, thank you.
President Greenbaum: Yes, the appropriate amendments to these ordinances will be done to reflect that…what Mr. Buell is saying is that he believes it’s more important to pass this ordinance today and then amend it at some future point to reflect the concerns of the residents on those streets. That is what is
President Greenbaum (cont’d): being contemplated here. Is there anyone else from the public? Last chance, I close it to the public. I think Mr. Buell has moved enough for this short term. Mr. Mund you want to move this one?
Mr. Mund: I move for adoption and final passage Ordinance #43-2005.
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Any Council discussion? Seeing none, Mr. Buell.
Mr. Buell: Just a general one. This has been a huge issue. I think it has been well, I want to give kudos to the Police Department, to the School Board and especially to Officer VanNess for all of the advice and the direction he has given us or they have given us during this process, and I think it has gone well. I think it’s…I have heard from several residents the other day, today and yesterday, it’s the best traffic pattern they have had at that school for many, many years. It is no longer a gridlock.
Mr. Rattner: Two newspapers have said that too.
Mr. Buell: Yes and two newspapers had said that as well, so it has worked well although as
Mr. McEntee said last night at the Board of Education meeting, yesterday was 85 degrees and clear. There is going to be a day when it is wet and cold and then we are really going to find out if this thing is really going to work.
President Greenbaum: Anyone else with comments? I, too, would also like to echo the sentiments that the School Board worked very diligently to accomplish our concerns and their concerns about how this was going to affect the residents surrounding the school and often times, Larry, we talk about the criticisms that we have, both of us working in what we hope to be in the best interest of the municipality in different ways, and often times, what we do impacts on what you do and what you do impacts on what we do, but here, I really feel that there was a concerted effort to work together to resolve a problem in advance of it occurring and obviously, while we know that it’s going to have to be tinkered with as we move forward based upon issues which arise down the road, it has worked to date and the School Board really went to bat here and resolved the problem for all of the residents of Mount Olive. So you are to be congratulated. Any other comment? Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #43-2005 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for Public Hearing is Ordinance #44-2005.
Ord. #44-2005 An Ordinance of the Township Council of the Township of Mount Olive Requesting the County of Morris to Establish No Parking, No Standing, No Stopping on Flanders Road from Flanders-Netcong Road to the Easterly Property Lines of Block 3900 Lot 3 and Block 7600 Lot 73.
President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance
#44-2005? Seeing none, I will close it to the public, and ask Mr. Rattner to please move Ordinance
#44-2005.
Mr. Rattner: Thank you, Mr. President. I have seen these before. I move for adoption and final passage of Ordinance #44-2005.
President Greenbaum: Is there a second?
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Any Council discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #44-2005 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. Mr. Smith I am going to hold the one ordinance for second hearing that we had discussed earlier until about 8:30. If Mrs. Labow is not here by that time, I will call upon you at that point and we will deal with the first ordinance that was on for this evening. Okay? I appreciate your patience. The next group of items for discussion are ordinances for first reading with second reading to be October 11, 2005
ORDINANCES FOR FIRST READING – (2nd reading October 11, 2005)
President Greenbaum: The first Ordinance for First Reading is Ordinance #45-2005 entitled:
Ord. #45-2005 Ordinance of the Township Council of Mount Olive Township Authorizing Real Property Tax Exemption and Payments in Lieu of Taxes for Property Known as Block 6000, Lots 12.01 and 12.02 Pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1, et seq.
President Greenbaum: Mr. Perkins, do you want to move Ordinance #45-2005 for First Reading?
Mr. Perkins: Thank you, Mr. President. I move that Ordinance #45-2005 be introduced by title, and passed on first reading, and that a meeting be held on October 11, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mt. 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 the law.
President Greenbaum: Is there a second?
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Council discussion? Mr. Guenther.
Mr. Guenther: Okay, fine I answered my own question.
President Greenbaum: Okay…does anyone else have any discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: The next ordinance for First Reading is Ordinance #46-2005. Mr. Buell could you please move Ordinance #46-2005?
Ord. #46-2005 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.
Mr. Buell: I move that Ordinance #46-2005 be introduced by title, and passed on first reading, and that a meeting be held on October 11, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mt. 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 the law.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Any discussion? Mr. Guenther.
Mr. Guenther: A question…Assistant Treasurer, that’s not a position we have now. Is that just in case we need somebody that we are paying by the hour?
President Greenbaum: Sherry.
Mrs. Jenkins: No, we do have that position now.
Mr. Casey: We have a part-time person, in that position now. We did not replace the full time position. We have a part-timer. That’s the title we gave the person because that title was not within the confines of the Union Contract.
President Greenbaum: Any other discussion? Seeing none, Roll Call.
Roll Call: Passed Unanimously with the exception, Mr. Perkins Abstained
President Greenbaum: At this point since Mrs. Labow has now made it to the meeting, and I don’t mean that as criticism…
Mrs. Labow: Thank you, I was working…stuck at work.
President Greenbaum: We were holding an ordinance, this is an Ordinance for Public Hearing.
Ord. #30-2005 Bond Ordinance Amending Bond Ordinance Numbered #11-2001, as
Supplemented by #6-2002, of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, in Order to Provide for the Demolition of the Old Municipal Building.
President Greenbaum: This is an Ordinance which was already up for discussion; discussion to the public was closed. Since that time Mr. Smith who is the President of our Historical Society has a presentation that he would like to give to Council with respect to his efforts to save that building, and Mr. Smith the floor is yours at this time.
Mr. Smith: Thank you, Mr. Greenbaum, Mr. Mayor, Council President, Council. You received, I think, a packet today which gives you a brief but, I feel, pertinent information as far as estimates that we have received so far on the work that needs to be done on the exterior of the Town Hall. You can go through the pictures. #1 and #2 gives you some ideas as far as the roof problems. #1 its the picture that shows probably the major leakage which is going into the 2nd floor offices of the old planning offices. Picture #2 shows, actually it’s a false wall that is towards the rear of the parking lot, that’s literally just a wood wall that’s up there. It’s a false parapet, which shows cracks and it has been supported over the years. That would have to be removed for any future work that would have to be done on the roofs. That is a very simple matter as far as replacing it or leaving it out because it is not really visible because of the two garages that are on the back side. Going onto picture #3 gives more of, as does pictures #4, #5, #6, #7, and #10, gives you more of a close up visual on the lake side, on the failure of the plastering of the building and in some cases, two cases actually, of the failure of the block. If you also look at every one of those cases, except for under picture #10, that is because the window is just to the left of picture #10. Picture #10 is actually sideways. The windows in each case, the sills are rotted out at the bottom. You can see in most of the pictures the wood is actually rotted and this is why the walls have failed. According to the primary estimate here on the plastering, repairs, according to that company, they also had a structural engineer come out, there was nothing wrong with the plaster above the windows. It is only below the windows in that bottom four foot area. Going on to actually pictures #8 and #9 that just gives you a rough idea, so you can get a visual from the beach area, noting in on the windows from the center portion, which has the second story off to the right side, which is toward the outlet or to the northwest. Going onto picture #12, this is the garage that I was talking about that actually covers up the parapet, which is noted on picture #11. You can see it on the top left. Primarily, picture #11 is to show, if you will notice in the center of the picture a plastering on the side of that garage wall, that is the only other area on the whole building. All the other three sides, other than the beach side, where any work that needs to be done, as far as the plastering on the block, that is just so it makes it look like the same bubble effect which is on the rest of the building, which is of that Art Deco period. #13 just gives you a background view to show one of the entranceways, which our recommendation is to be removed because of the deplorable condition, both on the back parking lot, as well as the main entranceway, which is on the front parking lot. Going over to #14 and #15 shows you that entranceway. #16 and #17 gives you other views of the building from the parking lot, as well, as does, #18 and #19 on the back as well as towards the outlet or South Branch of the Raritan. #20 is to give you the view that the public sewer connection is within, as I had spoke before, it is within approximately six feet of the old police department door which brings it in close proximity for any work, especially if it could be worked in to put in bathrooms for the public use at the beach, which would be at that end of the building, instead of going over to the metal building, which puts and extension for traveling of anybody on the beach, especially the mothers that I talked to whom are some of the signatures, that if one of their kids either wanted to go to a concession stand or go to the public bathrooms that would hopefully eventually be Mr. Smith (cont’d): built, if the town hall is torn down, that they would have to travel that whole length of that parking lot to get to that facility. Going onto the next item, we are going to move quickly here, because I promised Mr. Greenbaum that I wouldn’t waste a lot of your time. I am going to hit the highlights. Going onto the next thing, this was the first estimate that I received. As you can see, it was in June, from Weathertight Roofing which was for $87,600. This figure was upgraded to just under $90,000. All other figures, all other estimates are based on 2006 actual construction times because nothing, even if we did get a delay, the go ahead, it would not be done until 2006 anyway. The two pages following, Weathertight explains this particular type of roofing. This is different roofing then what’s normal. If you want to classify it as the super Cadillac of roofing, it is a foam and epoxy finish, has a very durable long term lifespan. Gives you… the third page in that, behind that gives you a sample of what the warranty period is. From there it is a couple of pictures, just a repeat of what you had in the beginning that came with the company. Move to your next estimate, which is on the roof from Stanley & Orke. They are out of…I thought it was Dover, yeah, they are out of Dover. Some people are familiar in the area with Stanley & Orke. They have been around many, many years. I tried to get somebody local. This is the only company that would come in and take a look at it. Mr. Moffat, who the estimate was sent from, he went over the roof square inch by square inch. He actually cut into and took samples out of the roof and determined that there are two roofs on the building and it is true that the felt paper that is located between the two roofs is full of water, probably not, primarily not because the roof has been damaged or at this point, cracks other than one section up at the very front. That is mainly from the moisture that is located in the building because of its close proximity to the lake, the outlet as well as the high water table. So that moisture is collecting up between the roofs and that is where most of that is there. So staining is coming from that. Leakage is mainly up on the second floor into the old Planning office. He breaks the estimate down. You can see where he broke it down into section by section, covering a little over 9,000 square feet on the lower level, as well as the 1,500 square feet up on the second level and the garage in the back, which is roof B. You can see that that estimate, which is just under $81,000, he notes it in the estimate; you will see that is based on 2006 construction figures, not 2005. The last estimate, which is provided, which we just received on Saturday, I have yet to get the hard copy, this is a facsimile, this is from Garden State Brick Face. I had three masons look at it, they all felt, which was at first, what we were doing back in July, which was to check on the integrity of the building, whether this was even a worthwhile venture to waste the time on. These masons that I talked to, two of them being my neighbors, felt this project was too big for them but they felt that there were no problems, that the building could be worked on. So I subsequently contacted Garden State Brick Face. They came in, had a salesman come in, he looked at the building, aware of the conditions that we talking about here, the possible demolition of the building. They had a structural engineer from their company came in last week, looked at the perimeter of the building, he found no problem with the building. So subsequently they turned around and gave this estimate, which is basically in two parts. As you will see for all the masonry repairs and re-plastering, and what areas have to be done, which would be $16,654. The other figure for $39,450, this is a recommended figure. Only reason because, what you would do after that, after you made the masonry repairs, would be the building would have to be cleaned, powerwashed, sandblasted whatever. They’re giving you, in this $39,000 figure, a complete powerwashing of the whole building and two coats as well as a base coat with acrylic finish which would give you a 15 year warranty of the building, which actually helps to seal the plastering, instead of just paint. Beyond that, behind that, you can see in excess of 500 signatures. There are 465 here. I had two sheets that did not make it here when I was making the copies yesterday. So if you would like to see those other two, I would be more than happy to provide the other two sheets for you. On the end, the last item that is in you’re packet, is the quick copy of the structural report. That was done by Schoor De Palma, Gene Buczynski, in December of 2002, which covers the basics on the building. Some of the areas here which brings up questions, which I think, hopefully we have answered some of it here, that the building is salvageable as far as the exterior as far as the roof repairs, as well as the exterior repairs. The question that is left, in relation to Schoor De Palma’s report, as far as the interior, basically on as far as the sounding of the walls. I don’t know if in that particular time when I talked to Gene on this, if there was any heat. He mentions in his report as to the integrity of the steel and the reinforcement of the support columns. Based on that point, that the building was built in 30’-31’ with that second portion that has the second story around 34’. There may not be steel support, then we would have to be worried it would be completely enclosed in the concrete and subsequently be protected. So that may not be a
question. As far as the integrity of the floors, the only thing I can tell you is my personal observation. In probably around 52 or 53, I can remember as a Cub Scout and subsequently as a Boy Scout and other functions we have had throughout the town being in that building. Those floors had settled a good 4 inches or so in some places back at that point. That was 20-22 years after the building had originally been built. That’s my basic response to Schoor De Palma. That’s my response to most of the problems in relation to the building. From there, I just want to bring up. We had hoped two things tonight, we hoped to bring you two shocking figures, one being pushed trying to get 1,000 signatures, and we only made
Mr. Smith (cont’d): it over 500. We actually were only out in some cases only three days, got 16-20 signatures on one petition. Most of all the other petitions that were out were done in a two week period. A lot of feedback, we only got a couple of people out of all the people that were contacted, that actually outright said no, and usually in those cases there wasn’t enough time to speak with them, and go over and to allay their fears and answer their questions. Most all questions can be answered and I would be more than happy to answer them tonight. The other thing is, was to bring in some kind of financial figure that would just show that we are not here to belly to up to the bar and go into the public troth, that this can also be done with some of the outside monies. We have at this point a little over $27,000 that has been pledged. There is another $15,000 possibly, which has been originally pledged by the great grandson of Mr. Peters, who had built the building. We are still in the process of trying to contact him and I have been back and forth. I have not actually conversed directly on this, so that is just a supposition. Beyond that I have had contact by a gentleman by the name of Sean Hughes, who is an accountant for the Historical Society when we formed up over 6 years ago, who helped us in providing all the forms, both for the IRS to do our corporate papers as well as our non-profit status, and he was working for a philanthropic organization. He is not presently, but gave us a lot of venues that we can get into. There is a lot of private money out there. So what I would like to see, and I think that we can do it, is if we could get, as I had requested on the 23rd, last month, if we could get that hold on the ordinance until April 1st, which would give us time to come up with more detail, both interior and exterior. Mostly we are pretty well covered on the exterior, a little bit more on the windows, as far as repair and replacements on that. I am still waiting for two carpenters to get back to me on details with that. Basically it is with the interior, we have to go over the interior more thoroughly to see what would have to be done, come up with more positive figures as bringing it into compliance. I have an electrician who is willing to go through the building and review it as far as the electrical problems, in relation to the codes that are concerned. A lot of things have reminded me today, that Gene’s report that goes back…or that Schoor De Palma’s report actually goes back to 2002. The figure of $750,000 and $1 million, at that point, was based on making it into an office which is what it was, bringing it up to code for that facility or possibly using it for a Senior Center, instead of going to the Senior that we have. So that was along with those standards. What we are talking about here is going into this building and possibly using, we have offers of help, physical help. We have had contractors that offered to come in there, just strictly grunt work to just get the building cleaned out which would be another thing that I would push the issue on as far as office furniture and stuff that is still left in there from the move in 1998 that needs to be gotten out of the building if we were going to do anything with the building. So bottom line is, to re-cap, again still asking for a hold on the actual demolition. If you can give us until April 1st that would give us time to come up with a comprehensive plan, both financially, because we would still need to come up with some kind of a matching monies more than likely, and I think that if we can take not the $150,000 or the $125,000 that has been kicked about as far as the demolition is concerned, but if we look at $100,000 from the public coffer being available, to go from matching funds that we should probably be able to get out of the private sector, $100,000 or better to do what needs to be done, to take an over 9,000 square foot building that has over 1,500 square feet on the second floor and maybe use it for the community. If there are any questions, I would be more than glad to answer.
President Greenbaum: Mr. Smith, I am not going to entertain any questions at this point unless someone during their Council comments has a specific question for you. At this point I am going to ask Mrs. Labow to move Ordinance #30-2005 for adoption.
Mrs. Labow: I would like to move Ordinance #30-2005 for final passage.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Council Comments, Mr. Rattner.
Mr. Rattner: Yes, Mr. Smith you have done a lot of hard work, a lot of good work and I know getting 500 signatures, I know, is an accomplishment. That goes without saying. Also, as we have talked before, a lot information that you got is the same information that I was able to gather years ago and I have always been on the side to save the building. It has a lot of value, I still believe that part. I have to look at the realities. I came on this Council in 1987 when Charlie Johnson, Republican Mayor, was here and he was fighting to get a new Municipal Building because that one had to come down. It was in bad shape. He wouldn’t even spend the money on the maintenance, saying we would just be throwing away money that we should just put toward a new building. We moved out in 1998 under Mayor Schiess, an Independent Democrat Mayor. Take the building down, it’s not worth saving. At that time some of the Mr. Rattner (cont’d): members on Council kept fighting it, at that time it was at 4-3 to take the building down. Nobody finally wanted to pull the plug. Individual Council members did. You heard about imploding, a fundraiser to bring the building down. Then we had Mayor Licitra same thing, said no, the building should come down. Let’s just make the beach a nicer area. Then we actually lost a vote. We actually only took a couple of votes, and it was only, I was on the minority, it was 5-2. It was five to take it down, to eliminate it, I mean to keep it. Then we have our current administration, he said it looks like it is worth saving but I think it was the realities of the cost or other priorities that we have, that there wasn’t any plan that came forward and just recently I believe the Mayor did say that it looks like it is probably beyond the point of no return. Like I said before, I am looking at the realities, I would love to save the building but after seven years of looking at it and now I do consider it a blighted area. We have gone after some of our residents for property maintenance, for property that didn’t look as bad, and we have gone after them and we can’t live by the same rule, which really disturbs me. What I am going to vote for tonight is to allow the bonding, so we can pull the building down. Council can’t pull the building down. Only administration can do that but it says this is what we want to do because we want to clean it up. However, if something else happens, it just gives the administration the availability. I want to see that place cleaned up. I would like to see the building down by the end of the year so by the next Spring we have a nice clean beach. If there’s a plan that can be put together, that a proposal would come before the contract actually goes out to pull it down, I am willing to listen to that. I really don’t think it is really doable getting everything done. Right now all we are doing, at least what I am voting for, is providing the funds. I have given up. I don’t want to look at it the way it is anymore. I would love to look at it the way it looked 40 years ago, and if we use it, so if that can happen? So I am going to vote for the bond tonight and that is all we are doing. The money is appropriated so it can be done and I think we have to move forward. Also, just one other thing is that the historic society is coming up with a lot of plans. The Baptist Church, you’re moving with all deliberate speed doing a lot of stuff on that and that was the number on priority the last time we got a list. Number two was the Muhlbauer House. We just got the lease on that. You’re going to have that as a major project. Seward House, all of the sudden there is interest in the Seward House. I mean, to me, that is almost unbelievable. That would be nice. That one we would have to move on quickly otherwise that one will come down under its own weight. Then comes the municipal building and the final thing I have to really look at, we know we have a lot of budget problems right now. If we had that building, I believe it is 20,000 square feet…10,000…how many square feet? 10,000 square feet. I don’t know if we can afford to heat it and keep the utilities on it? That is one of the reasons Council looked at leasing, selling or doing something with the Library, because just the heating and the electric bill were causing a lot of pressure on the budget that we were not getting anything from. If we had another building, as of right now, we have problems in being able to afford the electric bill, the gas bill and so on. Thank you Mr. President.
President Greenbaum: Thank you. Any one else with Council comments? Mrs. Labow and then Mr. Perkins.
Mrs. Labow: Thank you Mr. Greenbaum. Mr. Smith, I want to thank you for all the hard work you did and I know this is an issue that you are very passionate about. I agree with Mr. Rattner, in fact, that there are other buildings that really need work and can be more productive and useful than the old municipal building can be, especially the Seward Mansion. We have some interest right now. I would love to see that refurbished and one of the residents had contacted me and she had gone out and got a petition in one night. She handed it to me today. They got 70 signatures in one night, and it says, “we the undersigned residents of Mount Olive Township urge the Town Council to continue with its plan to demolish and condemn the old Municipal Building.” This was in one night with a couple of people, 70 signatures. I just counted them all. So I am sure we can go back and forth with a lot of signatures. I have no doubt that at this point in time we would have far more residents that would want the building down and although I feel it would be a nice community project, if we had all the residents who said they were interested to help refurbish it and clean it up, the reality is, projects like that tend to fizzle out. Everybody has a lot of activities in their lives and it is such an awesome, unbelievable amount of work. Last year I toured the entire building, every single room on both floors. I didn’t go on the very top, top
floor. I toured the outside, the exterior and I am totally convinced that no matter how well intended anybody is, we just don’t have the money or the resources to clean that building up and it is better for it to come down. Thank you.
President Greenbaum: Thank you. Mr. Perkins.
Mr. Perkins: Thank you Mr. President, I will make it very short. Jim, you have gone above and beyond where I went. I mean I spoke with the people from Pax Amicus. They were interested. I mean we’ve had, we just never could get enough people in the, I guess seven years or so that I have been involved in Mr. Perkins (cont’d): trying to do something, knowing we were moving up here. My wife, as you know, started working there. It was the first dais that I got to sit on when I was on the Board of Adjustment, so it’s got some real personal attachment to me. I personally like the building. I have the picture from Commerce Bank. I spent $65 to get a frame and have it put in there and it sits in my house. Unfortunately Jim, I can’t support doing anything but razing the building. I think we need to move on. If we can’t build anything on the pad, then the beach gets bigger. I had the developer from across the street, when I was with the Pride Committee, I negotiated with him to put the sewer line in there, I mean all in anticipation of using it. It hasn’t happened and now I think we need to move onto the next step, raze the building, make someplace nice for the residents, but again I appreciate your effort, but unfortunately I am not going to be able to vote in favor of that.
President Greenbaum: Is there anyone else from Council who wishes to address this particular issue? Seeing none, Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #30-2005 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. We, as a courtesy, put out Correspondence that we receive on the table with our ordinances. Those are for review and we need to have them back. They are not supposed to be taken from the table. I don’t know if anyone mistakenly took them, has them, you have them? Mr. Tepper is the culprit?
Mr. Tepper: Reading.
President Greenbaum: Okay.
Mr. Tepper: I will return them.
President Greenbaum: Please put a note in the record that in the event that any other Municipal document, equipment is missing that Mr. Tepper should be contacted.
Mr. Tepper: I will bring those back too!
President Greenbaum: Chief, do you have someone that could check Mr. Tepper’s car before he leaves this evening?
Chief Katona: They are out there now.
ORDINANCE FOR FIRST READING – (2ND reading October 11, 2005)
President Greenbaum: Going back to ordinances for First Reading, Ordinance #47-2005 entitled:
Ord. #47-2005 Ordinance Appropriating $22,763 for a Pavilion for Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris, New Jersey.
President Greenbaum: Mrs. Labow, do you want to move for First Reading Ordinance #47-2005?
Mrs. Labow: I move that Ordinance #47-2005 be introduced by title, and passed on first reading and that a meeting be held on October 11, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, 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.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any Council discussion? Mr. Rattner.
Mr. Rattner: I need a clarification. We are also going to be voting on awarding a contract on Turkey Brook Park Phase 3, which this is included, but it expressly excludes the pavilion, which is one of the options. I thought that we were doing this so we would have all the funds available and get the Pavilion in. I know a few of us said, and I know me personally, the only way that I will vote for this because that Mr. Rattner (cont’d): is the one comment I keep getting, is some shade, and we said…we know we had some other, we had a bond ordnance which we have some money in. We are only talking that we were short what, $10,000, $12,000 after we found….
President Greenbaum: That infamous $10,000’s.
Mr. Rattner: No I am not talking about…I am not talking about….
Mr. Perkins: You know where that comes from too?
Mr. Rattner: No, I am saying excluding that and I said we would put that in there, or I thought that would be a good idea. That’s exactly why we have sometimes, a couple extra dollars in an ordinance, so we don’t have to slow down or stop when an important project is going forward. This says it’s for the Pavilion, but yet the Resolution says we are going to award the contract exclusive. What is exactly happening and what is the plan?
Mr. Casey: The ordinance before you is, that sum of money is the money which was retained in the Township books for Turkey Brook and so we are basically appropriating the money, the money that was available for that. We have received a commitment from the contractor. He will hold his price for Alternate I until next spring. So we have approximately four months to finalize the cost. We also verified, I think I mentioned the last time that alleged $10,000 is in fact available to us. So we are now at $32,000 and we will have alternate ordinances to come up with the missing pieces but we have four months to get there. So they will not construct this until next spring and they will hold their prices to next spring on that.
Mr. Rattner: I don’t know if that is good enough because you need a super majority on this one at least for final reading, not for now. I want to make sure; this pavilion was supposed to, it was in the original part. The pavilion keeps getting put in and it keeps getting taken out. We know there are funds available to do it. It seems to me we keep resisting putting that in and that is the one thing, whether senior citizens or parents with younger children that want to go up to something, they need a place to get out of the sun.
President Greenbaum: I don’t understand your concern though, Steve? The intent of the administration is to follow the lead of Council which is to do the entire project. This ordinance is simply to get the money together to move forward. Your suggestion I don’t believe is feasible because it’s an alternate. You would have to reject the first bid. Am I correct, Mr. Casey?
Mr. Casey: I think the issue that Steve is not recognizing is that this ordinance is not a bond ordinance. It is a very specific ordinance appropriating funds which are already deposited with the Township in a trust fund. So we are moving the money from the trust fund over. This is like a capital appropriation. Steve you’re referring to an additional ordinance we will have to bring up which will go into one of the bond funds. We will need to appropriate from one of the bond funds or appropriate additional money. That will be a separate item, we can’t combine the two.
President Greenbaum: That is not what he is saying. What he is saying is that he wants whatever is adopted now to include the pavilion at the detriment to some other aspect of the project.
Mr. Rattner: That is not what we discussed. When we passed the budget this year, we had $1.9 million in capital expenditures. We committed about $1.7 million. All we have to do is, do a bond, do a modification with the description taking the couple dollars and that is exactly what that was in there for, and then we can move ahead. We don’t have to turn down the bid because when we went out to bid we said here, you’re bidding this with option A and option B. We can pick and choose like a Chinese
menu. What I want to see is one of those alternates, is putting in the pavilion. I want to make sure the pavilion gets done. We have the money. I thought I would see another bond ordinance modification for the $10,000, $12,000, because supposedly that is all we were short.
Mr. Buell: That’s including this $23,000 though. This is money that is in….
Mr. Rattner: That’s still not enough but we are awarding the contract saying we don’t have it. It is saying very specifically we don’t have the money.
President Greenbaum: I stand corrected. What Mr. Rattner would like to do is to have a bond ordinance that would allow us to adopt the funding mechanism for both the completion of the park and the completion of the pavilion, whatever avenues we need to take with respect to the $22,000 and $10,000 to replace or to somehow take that money and then put that money into surplus, if that is the money we were going to ultimately use?
Mr. Rattner: It’s not surplus.
President Greenbaum: Wherever it would go.
Mr. Casey: To satisfy his concerns, then I suggest what you do is, you continue the ordinance for Phase 3 until the 11th. You will have enough money between the existing bond ordinance and this appropriation to actually award the contract. Okay, because at that point, we will have $314,000 and the two of them come to them come to $314,000. Okay, we get the $10,000 in from the Park Partners. All they have to do is move it into engineering. So it fits, but in order to resolve your situation, then I suggest you continue the resolution for the contract award, which is resolution # whatever, until the 11th. Once you adopt this ordinance you put the two together and we can then authorize the contract.
President Greenbaum: Well, the Resolution is going to have to be changed to include option A.
Mr. Casey: Correct, we can do that.
Mr. Rattner: Mr. Dorsey, because I know a lot of people want to get the basketball, some of the other things, that are all very good pieces in here, can we award or have the resolution accepting the base and have some kind of wording saying that we are going to follow up, that we still want to keep the option to award? If I see the award option with the pavilion, that if we have that modification next meeting…
Mr. Dorsey: I think what you were saying is, can you take the resolution…I don’t know what number it is?
Mr. Rattner: It is #7.
Mr. Dorsey: #7 and add to it and specify that it is to include the pavilion and then make it subject to the availability of funds from the two sources. That’s quite appropriate.
Mr. Rattner: Then I will let this, also this other ordinance, this first ordinance go forward as long as I see the next, the capital modification and then we can get it done. We are talking about a couple dollars for something that people really want, and let’s just get it done and if I see that I will vote for the second reading. If not, then you’re going to have to make sure you get, you don’t have some other people drop out.
President Greenbaum: We don’t need another bond ordinance. We are just simply going to amend the resolution with respect to awarding of….
Mr. Rattner: I think we may need an ordinance to modify our capital appropriations to say that we have to change the wording to put the….no?
Mr. Dorsey: I don’t know? It is almost unintelligible.
Mrs. Lashway: To amend the capital budget.
Mr. Dorsey: Don’t you have to, what is Halecon going to do? They are not going to construct the Pavilion are they?
Mr. Casey: Yes, they bid the bid. John, their bid is for an add alternate. It is an add alternate. They have agreed to continue their pricing until next spring. So the pavilion is not part of the base bid, it was an add alternate.
Mr. Dorsey: Let’s follow through with what we are trying to detect with what Mr. Rattner wants to do. We take the resolution you have, and we award it, base and Alternate I would cover the pavilion. Is that correct?
President Greenbaum: Correct.
Mr. Dorsey: That resolution which is #7 would have to be adjusted to include Alternate I increasing the price to about $315,000 and just simply make it subject to funds being made available through the adoption of these various ordinances.
President Greenbaum: Yes, I think we have already agreed on that. The question is whether or not we need an additional ordinance with respect to additional funds which are going to be required to have the funds available.
Mr. Rattner: Wait, that can be decided later. I am willing to go along with this….
Mr. Dorsey: Wait. If they adopt Ordinance #47-2005, Bob, does that give them all the money they need to include…
Mr. Casey: That would give them the money they need, yes, for the ordinance and for the contract it would. We would have to come up with some money for engineering and stuff but we would have enough to award the contract.
Mr. Dorsey: Including the pavilion, ultimately?
Mr. Casey: Yes.
Mr. Rattner: Okay, then let’s make sure that…as long as we have it there.
President Greenbaum: It’s on for first reading. Is there anyone else who has any comments or needs any further clarification? Seeing none….
Mr. Buell: I need clarification, but…
President Greenbaum: Jim the bottom line is that the resolution…you got it?
Mr. Buell: Yes.
President Greenbaum: Okay, otherwise I will have Mr. Rattner explain it to you at the end of the meeting.
Mr. Labow: We’ll just get the tapes.
President Greenbaum: Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: Ordinance #48-2003 entitled:
Ord. #48-2005 Bond Ordinance Amending Bond Ordinance Numbered 36-2003 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 30, 2003, Providing for Ironia Road Improvements in Order to Increase the Appropriation Amount from $109,180 to $139,180.
President Greenbaum: Mr. Mund, could you please move that for first reading?
Mr. Mund: I move that Ordinance #48-2005 be introduced by title, and passed on first
reading and that the meeting be held on October 11, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of law.
Mr. Guenther: Second.
President Greenbaum: Is there a second?
Mr. Guenther: I said second.
President Greenbaum: I didn’t hear it, I am sorry. It has been moved and seconded. Any Council comment?
Mr. Mund: This provides enough money to do Ironia Road?
Mr. Casey: This provides…we are anticipating the extra $30,000 from the State. That is on the Agenda later on that you are applying for, but since it takes us 30 days to do a bond ordinance, we are anticipating that extra State Aid coming in.
President Greenbaum: Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: The next item for discussion is 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 Invoking N.J.S.A. 40:81-21 Declaring the Enactment of Ordinances 40-2005, 41-2005, 42-2005, 43-2005 and 44-2005 on an Emergent Basis.
2. Resolution of the Township Council of the Township of Mount Olive Authorizing Mayor Richard De La Roche to Execute the Application for Discretionary Funds for the Reconstruction of Ironia Road to NJDOT.
3. 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 Proposed Public Works Facility.
4. Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids for Improvements to Naughright Road.
5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 3700, Lot 34. (14 Mt. Olive Road).
6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Year-End Penalty on Block 500, Lot 7. (43-63 Station Road).
7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Halecon, Inc., for Turkey Brook Park, Phase III.
8. Resolution of the Township Council of the Township of Mount Olive Continuing the Mutual Aid Agreement with Mount Arlington Borough for First Aid Response.
9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Suburban Consulting Engineers, Inc., for Soil Remediation Activity on Charters Farm Property.
10. Resolution of the Township Council of the Township of Mount Olive Urging State Legislature to Amend the Senior Property Tax Freeze Protection Act to Provide for Higher Income Limitations.
11. Resolution of the Township Council of the Township of Mount Olive Releasing Performance Guarantees of Briad at Mount Olive.
12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Approval of a 2005 Professional Services Agreement without Competitive Bidding in a “Hold Over” Status with Appruzze, McDermot, Mastro & Murphy.
13. 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 Forever Young Realty, Inc.
14. Resolution of the Township Council of the Township of Mount Olive, Morris County, Declaring Thomas S. Menzel in Default.
15. Resolution of the Township Council of the Township of Mount Olive Canceling the October 4, 2005 Workshop Meeting.
16. Resolution of the Township Council of the Township of Mount Olive Requesting Legislation be Enacted to Impose Limits on the Annual New Jersey State Budget to Include Spending Limitations Comparable to those Required of Municipalities, Counties, Authorities and School Districts.
President Greenbaum: At this point in time I will ask Council members if they wish to have any of the Resolutions removed. I can tell you Resolution #14 is being removed and Resolution #7 is being put on the Non Consent Resolutions subject to our prior discussion. Aanyone else? Mr. Buell then Mrs. Labow, and then Mr. Guenther.
Mr. Buell: Resolution #1.
President Greenbaum: Resolution #1. Mrs. Labow.
Mrs. Labow: 8, 10 and 16.
President Greenbaum: 8, 10 and 16.
Mr. Guenther: 15.
President Greenbaum: 15, we might as well put them all on then. Anyone else? Okay.
Mr. Rattner: Now, do you remember which ones?
President Greenbaum: Yes, I kept good notes. On the Consent Resolutions Agenda, we are moving, Resolutions # 2, 3, 4, 5, 6, 9, 11, 12, 13. Those are the resolutions which we are moving. Mr. Perkins, would you please move those numbers?
Mr. Perkins: I don’t know whether to say thank you or not? Thank you, Mr. President. I move for adoption of said Resolutions #2, 3, 4, 5, 6, 9,11,12,13.
Mr. Mund: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: It has been moved and seconded. Anyone from the public who wishes to be heard on any of the items which are left, the few items that are left on the Consent Resolutions Agenda? Seeing none, I close it to the public. Does anyone have any brief clarifying statements on any of the items on the Consent Agenda? Roll Call.
Roll Call: Passed Unanimously
RESOLUTIONS NON CONSENT
1. Resolution of the Township Council of the Township of Mount Olive Invoking N.J.S.A. 40:81-21 Declaring the Enactment of Ordinances 40-2005, 41-2005, 42-2005, 43-2005 and 44-2005 on an Emergent Basis.
President Greenbaum: The first Non Consent Resolution will be #1, that was removed by Mr. Buell. Do you want to move #1 please?
Mr. Buell: I move resolution #1.
President Greenbaum: Is there a second?
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Anyone from the public who wishes to be heard on this particular resolution? Seeing none, I close it to the public, Mr. Buell.
Mr. Buell: Yes, just very simply we need to amend it because we are delaying Ordinance #40-2005.
Mr. Dorsey: Well, we don’t have to amend it. That one ordinance simply won’t go into effect on that basis until it is finally adopted.
Mr. Buell: Okay, so basically this is….
President Greenbaum: Okay, good to go? Any other comments, questions? Roll Call.
Roll Call: Passed Unanimously
President Greenbaum: The next item on the Consent Resolutions Agenda is #7.
7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Halecon, Inc., for Turkey Brook Park, Phase III. That’s it Turkey Brook Phase III.
Mr. Rattner: So we have the…
Mr. Dorsey: If you have the resolution in front of you, I will show you what the changes are. In the next to the last paragraph, the bid of Halecon, Inc. of Bridgewater New Jersey or the base bid and alternate one the (Pavilion), that phrase is added. The dollar amount changes to $314,645 and after the last phrase, the next to the last paragraph which is this bid award, you add this, “upon adoption of Ordinance #47-2005 which with existing funds shall provide full funding for the Halecon Inc. contract.”
Mr. Greenbaum: We need to take this out, the second whereas where the Township advises that the funds are not available for alternates?
Mr. Dorsey: Yes, take the second whereas out…
Mrs. Lashway: Third.
Mr. Dorsey: Third, got that?
Mr. Rattner: I move the resolution as amended.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Anyone from thepublic that wishes to be heard on the amended resolution? Seeing none, I close it to the public. Mr. Guenther.
Mr. Guenther: Just a question, I did see some correspondence, I think it was it from the County, that there was some…that we have to comply with I guess, something with wetlands I guess, that we had to go through. How will this effect the completion of the project?
Mr. Casey: Well, what you have under many of the new rules, when you apply to Soil Conservation District, they make a determination if, in fact, you are disturbing more than an acre, and if so, not only do you now need Soil Conservation District approval, but you now need a discharge elimination permit system from the State to verify, in fact, that you are not discharging water from the site. So what you have is another layer of bureaucracy on top. Gene has not given me an estimate. This is not cheap to get one of those things but the project cannot go forward until we get that additional permit that was just established by the State.
Mr. Guenther: What is the time estimate on that?
Mr. Casey: Well, you’re going to DEP for a permit.
Mr. Guenther: Enough said.
Mr. Rattner: Three weeks to four years, you know…it’s in there.
Mr. Casey: We don’t know because this is a brand new requirement now. These are new permits required on top of Soil Conservation permits.
President Greenbaum: Thank you, any other Council comments? Seeing none, Roll Call.
Roll Call: Passed Unanimously
8. Resolution of the Township Council of the Township of Mount Olive Continuing the Mutual Aid Agreement with Mount Arlington Borough for First Aid Response.
President Greenbaum: The next item on the Non Consent Resolutions Agenda is Resolution #8. Who had this removed? Mrs. Labow do you want to move it please?
Mrs. Labow: I move for passage of Resolution #8.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard on Resolution #8? Seeing none, I close it to the public. Council comment, Mrs. Labow then Mr. Mund.
Mrs. Labow: I just had a question for Mr. Casey. Did you hear back from the First Aid?
Mr. Casey: No, we emailed and faxed. We still have not heard back from them.
Mr. Mund: That was my question.
President Greenbaum: Okay, this can always be rescinded at some point in the future. Any other Council comments?
Mrs. Labow: Actually Mr. Morris was on vacation. Should we table this until the next meeting or just…
Mr. Rattner: Then we won’t have any back up.
Mr. Guenther: Didn’t we have a time limit on this?
Mrs. Labow: I called and spoke to Dawn Foote who is the secretary. She is the only person I could reach the other day. She said they are not one of their very first ones. They are further down the line and there would be a lot other companies that they would call before they got to that point that they called. It doesn’t matter if it is with a paid EMS or not, so.
President Greenbaum: I think we need to move forward with this resolution tonight. If at some point in the future we come to the knowledge that there is some issue from the mutual aid, from a paid ambulance squad, we can address this issue and our mutual aid agreement at that time.
Mrs. Labow: I just wanted to thank Mr. Casey for reaching out and contacting them.
President Greenbaum: Any other comments? Roll Call please.
Roll Call: Passed Unanimously
10. Resolution of the Township Council of the Township of Mount Olive Urging State Legislature to Amend the Senior Property Tax Freeze Protection Act to Provide for Higher Income Limitations.
President Greenbaum: Next item for discussion is Resolution #10. Who had this removed? Mrs. Labow, do want to move it please?
Mrs. Labow: I move for passage of Resolution #10.
Mr. Guenther: Second.
President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard on Resolution #10? Seeing none, I close it to the public. Mrs. Labow.
Mrs. Labow: I just wanted to take this off because I wanted to bring a little more attention to it and going door-to-door in the municipality and everywhere you go, all of our seniors have a very hard time trying to live on their fixed incomes and this legislation that is, that I asked to have a resolution for support, is trying to raise that to a lower amount so that the seniors could earn more to still qualify because how it works now is, to just live in the Township you need to make a certain amount of money just to pay the taxes and if you make that amount, you don’t qualify for the freezes or the funding. So, I thought it would be a good resolution to support.
President Greenbaum: Thank you. Mr. Guenther.
Mr. Guenther: Since I think I am the only senior on the Council so…
Mr. Rattner: Congratulations.
President Greenbaum: Mr. Rattner’s close.
Mr. Rattner: Na!
Mr. Guenther: You know I just think it is absurd when you look at Morris County and the cost of living in this County, you know the dollar amount they put in here, in the legislation so I commend this and I am glad we are proposing it.
President Greenbaum: Mr. Casey had something to add.
Mr. Casey: I would urge that you make an amendment on this, to make the law specifically state, “subject to State funding.” Right now this is fully funded by the State it has not passed our State Legislators, to turn around and grant this, subject to local funding, like they have done on other things. So I think that is an issue you may want to put in there, and Lisa, it doesn’t go to the Congressman. It goes to the Assemblymen.
Mrs. Lashway: Okay.
Mr. Casey: I think that seriously it is a good program as long as it is State Funded but if this came back down where it was income distribution at the local level, you might have a concern about it.
President Greenbaum: You wish to make a motion to amend?
Mrs. Labow: Yes.
Mr. Guenther: Second.
President Greenbaum: Moved and seconded, all in favor of the amendment?
Mr. Rattner: What are we amending?
President Greenbaum: To include the words “State funding.”
Mr. Guenther: Oh, yes, absolutely, lots of luck..
President Greenbaum: Moved and seconded. All in favor say aye.
All in Favor: AYE
President Greenbaum: Opposed? So it has been amended to include the words “State funded.”
Mr. Casey: In some appropriate manor we will put something in there.
President Greenbaum: Do you want to add it in somewhere, Mr. Dorsey?
Mr. Perkins: At the very end.
President Greenbaum: Okay, all in favor. Let’s do Roll Call, I am sorry.
Roll Call: Passed Unanimously
President Greenbaum: The next is Non Consent Resolution #14 which is being withdrawn.
Mr. Guenther: Why?
President Greenbaum: The issue has been resolved. Payment has been made.
Mr. Guenther: The reason I want to take it off is this, why did it take so long to declare this guy in default. He has 30 days to pay from April 12th and it took us 120 days to get around to it.
Mr. Dorsey: Mr. Guenther, it is rather typical with sales by the municipality. Title searches are much more complex than the usual real estate transaction because title is not from another owner; title is derived by way of an In Rem tax foreclosure, so they have to do the usual county title search. So then they would also have to do an abstract of the transfer proceedings to make sure it was appropriate. I see no reason not to go through with it. I was advised today by a fax with a copy of the check, it is in the mail to me so I will get it tomorrow.
Mr. Guenther: So, but you find it, I mean in the period of time, it is fairly normal in this transaction?
Mr. Dorsey: Yes.
President Greenbaum: It got to the outer limit and that is why we took action. It’s been withdrawn. The next item for discussion on the Non Consent Resolutions Agenda is #15. Was that you Colleen?
15. Resolution of the Township Council of the Township of Mount Olive Canceling the October 4, 2005 Workshop Meeting
Mrs. Labow: No.
Mr. Rattner: It was Ray.
Mr. Mund: I wasn’t…
President Greenbaum: It’s Rosh Hashanah.
Mr. Mund: Oh, okay.
Mr. Rattner: There are three of us now.
President Greenbaum: Do you want to move it, Mr. Guenther?
Mr. Guenther: Yes, I will, I will be glad to move Resolution #15.
Mr. Mund: Second.
President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. I assume no further comment. Roll Call.
Mr. Guenther: Obviously by my question you can tell I am not Jewish so…
President Greenbaum: Bernie, if Lisa hadn’t called me and told me…
Roll Call: Passed Unanimously with the exception, President Greenbaum Abstained.
16. Resolution of the Township Council of the Township of Mount Olive Requesting Legislation be Enacted to Impose Limits on the Annual New Jersey State Budget to Include Spending Limitations Comparable to those Required of Municipalities, Counties, Authorities and School Districts.
President Greenbaum: Resolution #16, Mr. Guenther.
Mr. Guenther: I would be glad to move Resolution #16.
Mrs. Labow: Second.
President Greenbaum: Anyone from the public who wishes to be heard? Seeing none, I close it to the public. Mrs. Labow, do you want to open discussion on that?
Mrs. Labow: I just, again, want to draw attention to this. The Freeholders passed this resolution last month. We got it in our Council mail and I just thought it would be a good thing for us to also reinforce. What it is about is, all the municipalities have to adhere to a CAP. The State does not have to adhere to a CAP and the Freeholders thought that would be a good idea for the State to follow their own rules that they impose on the municipalities and I agree.
President Greenbaum: Okay, any other comment? Seeing none, Roll Call.
Roll Call: Passed Unanimously
MOTIONS
1. Approval of Raffle Application #2095 & #2096 for PTA Mt. Olive, #2097 & #2098 for the Newcomers Club of Roxbury/Mt. Olive and #2099 for Noahs Ark Animal Welfare Assn. Inc.
President Greenbaum: The next item for discussion are the Motions. Mr. Buell, could you please move the Raffle Applications?
Mr. Buell: I move for approval of Raffle Application #2095 & #2096 for PTA Mt. Olive, #2097 & #2098 for the Newcomers Club of Roxbury/Mt. Olive and #2099 for Noahs Ark Animal Welfare Assn. Inc.
President Greenbaum: Is there a second?
Mr. Guenther: Second.
President Greenbaum: It has been moved and seconded. Comment? Seeing none, Roll Call
ROLL CALL: Passed Unanimously
2. Bill List.
President Greenbaum: Mrs. Labow, can you please move the Bill List?
Mrs. Labow: I move the Bill List.
President Greenbaum: Is there a second?
Mr. Mund: Second.
President Greenbaum: Moved and seconded, any comments? Steve, did you get answers to your questions?
Mr. Rattner: No.
Mrs. Lashway: They were put in your box.
Mr. Rattner: Oh, the answers were put in the box?
Mrs. Lashway: Yes.
Mrs. Jenkins: I emailed them out except for #2. There were three questions. I sent responses to #1 and #3. I don’t know if Jerry is prepared to speak about #2 or not?
President Greenbaum: Steve, why don’t you identify the issues….
Mr. Rattner: Okay, the first one was, we sent two officers to Louisiana or Mississippi, wherever it was on direction of the County Office of Emergency Management. Just a question, are we going to be reimbursed from FEMA or is this going to be a cost from us?
Mr. Casey: We are going to try. No, we will apply for it and we believe we will be. We were told we will be.
Mr. Rattner: Okay, that’s what I meant. #2 was, we had a five bills from Suburban Consulting, some of them that go back 18, 19 months, all to do with Charters Farm. So I was just wondering why they got held up so long.
Mr. Casey: Well, Kathy’s here, but her response basically was, there were some questions which were raised as to the information in them, and I guess they had to clarified, Kathy, by DEP and they now accepted their reports.
Kathy Murphy: We had information going back with DEP. We were tracking some of the escalating costs and we were trying to get reports in that had gone either to the County or to different people so that we could pull it all together. So everything is up to date at this point.
Mr. Casey: Bottom line is, we wouldn’t pay them until all those other outside issues were packaged right.
Mr. Rattner: Is that part of the reason why we have been delayed so long in getting that soil removed, so we could get that property ready for sale?
Mrs. Murphy: That was initially part of it. There have been other delays on our own part which was not Suburban’s fault.
Mr. Rattner: Okay, thank you, and then the last one, was, we had the voucher from the Library and it had to do with S&J Electrical Contractors and why I was just questioning, what we were paying for is, the first one for $4,950 said, “installation preformed by Verizon did not comply with NEC’s Article 800 as per the Township Inspectors finding, rectify support and grounding.” So the question comes up, if Mr. Rattner (cont’d): there is this something another vendor did, are we going to be able to get the money back? It sounds like S&J corrected somebody else who couldn’t pass our inspection or was this additional work?
Mr. Casey: We asked the Library Director to respond to that, so we don’t have the direct answer and she did not. Jerry do you have the answer to that?
Mr. Rattner: There were actually two bills, in the second one, I will bring up the other one, and the other one said, “electrical installation complete.” This was a new purchase order dated July 7, 2005, a proposal. So if this was additional work, and things like that happen, shouldn’t we have seen a change order because this changes the contract price?
Mr. Casey: Okay, let’s go one at a time. The first one, Jerry, was for the amount…
Jerry Sheard, Library Board President: For the S&J, that is the same electrician that is doing the contract work and he did additional work. One was the light for the flag for the flag pole which was not part of the original contract. The other was for the alarm system and a couple of other things that he had did. I don’t have them listed in front of me because I wasn’t prepared for it.
Mr. Casey: Okay, well, let’s go back to the first one….
Mr. Sheard: We should get reimbursement on all of it.
Mr. Rattner: Wait a minute. One was additional work because we wanted them to do work that would probably be a change order because he increased the scope of the job?
Mr. Sheard: In addition to the job.
Mr. Rattner: That’s right. Do we have, did we get the copy of the change order to back up…
Mr. Sheard: You won’t get a copy. That was done not through the contractor, that is what I am saying. It was not done through the architect for a change order that was done direct.
Mr. Casey: No, you went directly to the electrical subcontractor and had them do extra work as a separate contractor, outside the scope of the contract.
Mr. Sheard: Right
Mr. Casey: They went outside of the contract.
Mr. Rattner: So this wasn’t part of the contract. So this is additional capital. How do we approve the total amount for the contract?
Mr. Dorsey: When you approve those bills, I assume you have done it, inferentially perhaps but you have done it.
Mr. Sheard: The reason we did it was because of the problem we had with the architect and to save money.
Mr. Rattner: I am not questioning why…I am just talking about the paperwork. If there is money in there, and if you went out and said we are going to spend $100,000 to put some sort of cover area or new pavilion off the side and saying it is a new contract, what….
Mr. Sheard: You can’t do that.
Mr. Casey: The issue is, part of this comes down to the value of the work that is being done. They needed lighting for a flag pole and they get a good price from this contractor. They are using him rather than going out and getting any other contractor in the town because the good value to it. It is outside the scope. It’s not something…if those things started reaching to the bid limits then you would have something to have to bid, but this is purely an extra. They could have gone down to Lamp Post and had the same thing done.
Mr. Rattner: I am talking about the bid. Didn’t we approve the total, the total amount to the contractor? This just added money what they’re going to be spending. Wouldn’t we ge |