MOUNT OLIVE TWP. – As anticipated, Township Council Vice President Alex Roman stuck to his guns on Tuesday, Nov. 22, and rejected an ordinance that would allow the township to enforce the state’s new liability insurance law for certain businesses.
The ordinance was adopted by a vote of 5-1. Roman said no, while Council members Colleen Labow, John Ferrante, John Mania, Gregory Steward and Council President Joe Nicastro voted for its adoption. Councilman Dan Amianda was absent from the virtual meeting.
Roman has long been against the ordinance, which added Chapter 130, “Business Insurance Registration” to the Township Code and had to be adopted by Nov. 3, when the state law became effective. Under that law, the township can fine and take legal action against certain small business and property owners tote at least $500,000 in liability insurance.
As it turned out, Roman’s sentiment was shared by Mine Hill Road resident Randy Jensen, who during the Nov. 22 virtual meeting asked, “are there businesses that are in favor of this?”
Mayor Robert Greenbaum said that the township had to adopt the law because it was state-mandated, but that the township “has no enforcement law to fine anybody.
“We had no choice” but to adopt the ordinance, he added.
The Nov. 22 adoption was actually the second affiliated with the ordinance. To meet the Nov. 3 deadline, the Township Council on Tuesday, Oct. 18 introduced the ordinance, then adopted that on Nov. 1. A second ordinance superceding that one was then introduced and adopted.
At that time, Roman said the ordinance was anti-small-business and the township should not enforce it, more so since the state provided no guidance on how to enforce it.
Whether the township had to levy fines was not clear, and Township Attorney Sue Sharpe said the law indicated fines were not mandated.
At that time, Mayor Rob Greenbaum called the law “overreaching. My administration is not going to be enforcing this.”
There then ensued a discussion on if the reference to fines could be struck from the township ordinance. But that, Sharpe said, would mean the ordinance would have to be pulled and re-introduced, a process that would extend beyond the law’s effective date.
At the end of the day, Township Council members voted to introduce the “old” version of the ordinance, adopt it, then introduce the new version.
Approving the original ordinance’s introduction on Oct. 18 were Amianda, Ferrante, Mania and Stewart. Roman and Council President Joe Nicastro rejected the plan. Labow was absent.
According to a memo sent to Greenbaum and Township Council members by Sharpe and Township Attorney Fred Semrau prior to the Oct. 18 meeting, the state “has neither provided forms or nor indicated methods for enforcement.”
However, according to the memo, “to ensure that the parties subject to this law are able to timely comply, we recommend that the township take action now, rather than wait for guidance from the state.”
In a Nov. 3 memo, Roman said, “I fervently disagree with requiring local businesses, regardless of size, to provide proof of liability insurance to the township,” said Roman, who owns and operates an automotive business in the township. “This is an unnecessary burden.
“There are a lot of micro small home businesses in town that are just starting out or are online businesses for whom property liability insurance is unnecessary,” he said. “There is no need for this ordinance.”
He added that he was “glad” a section mandating the fine was also struck from the ordinance, although “I still voted against it for the mere fact that I disagree with such an ordinance.”
In other business, the Township Council unanimously agreed to a shared services agreement with Netcong to provide that borough with sanitation services. The five-year agreement runs from Jan. 1, 2023 through Dec. 31, 2027.
Under agreement terms, Mount Olive will perform curbside pickup on Fridays from Netcong homes, restaurants, and stores and shop, and will remove trash collected in dumpsters at certain borough municipal buildings and litter baskets in parks and at certain businesses on Mondays and Fridays. Collection times will be between 6 a.m. and 4 p.m. unless inclement weather or issues with the vehicles.
In return, according to the contract, Netcong will pay Mount Olive in quarterly installments, and contingent on Netcong converting to the “one-arm bandits” now used on trucks to collect waste in 2024.
Payments will include $115,000 in 2023, $85,000 in 2024, $87,500 in 2025, $90,125 in 2026 and $92,825 in 2027.
Those totals would increase if the conversion does not occur, meaning the installments would be $115,000 in 2023; $118,450 in 2024; $122,000 in 2025; $125,500 in 2026; and $129,265 in 2027.
The agreement is just one of several the township has engaged in throughout the year.
Last month, Township Council members authorized a three-year interlocal services agreement with Mount Arlington for providing public health services, effective from 2023 through 2025. Also authorized was a three-year agreement to provide public health services to Netcong.
The township last month also entered an agreement to continue providing fire prevention services to Chester Borough, effective Jan. 1, 2023 through Dec. 31, 2024.The township will be paid on a per diem basis, according to the resolution authorizing the agreement.
The agreement with HSC Flanders LLC, was first signed in March 2021, but in October of this year the developer asked for a one-year extension beyond the March 16, 2023, deadline because of unexpected delays that included receiving permits from the state Department of Transportation.
That the project was not completed drew the attention of Route 206 resident Edie Toussaint, who questioned why it was taking so long.
Greenbaum replied the group had run into a delay with site clearing improvements, finally receiving them from the state. “I think they bit off a little more than they could chew,” he said of the owners.
Greenbaum, however, expected benefits to come in the form of improvements to the site’s location, the intersection at Route 206 and Flanders-Netcong Road, particularly on the highway’s north side, where he expected the county do improve the intersection by adding a left turn lane onto Route 206 south.
Toussaint also questioned what, if any, improvements would be made to the site of the Ye Old Mill Shoppe which was razed following a fire .in May 2021. The site sits on Route 206 south above the intersection.
Greenbaum doubted anything large could happen, as the woods behind the site were in the Highlands Preservation Area, although maybe the property owner could build a small office building.
Wawa’s plans call for a 4,648 square-foot store and gas station on the current site of Herold’s Garden Center. The 24-hour service station and store would include 50 lighted parking spaces, 60 inclusive of the 10 fueling pumps.
Based in New York, Stephen Freeman is a Senior Editor at Trending Insurance News. Previously he has worked for Forbes and The Huffington Post. Steven is a graduate of Risk Management at the University of New York.