COUNCIL PUBLIC MEETING MINUTES - April 12, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 8:20 pm by Council President Tobey.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

Mrs. Lashway: According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. 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. Greenbaum, Mrs. Labow, Mr. Mania, Mr. Perkins, Mr. Walsh, Mr. Roman, Mr. Tobey

 

Absent: None

 

Also Present: Sherry Maniscalco, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; William Sohl; Business Administrator; Mayor David Scapicchio

 

Public Hearing on 2011 Budget

 

President Tobey: The first item on tonight's Agenda is the Public Hearing on the 2011 Budget. Does anyone

from the public wish to be heard on such? Moving on, we have a resolution to amend the 2011 budget. Mr.

Greenbaum, would you be so kind.

 

•  Resolution RE: Resolution to Amend 2011 Budget.

 

Mr. Greenbaum: I am looking for my Agenda. I'll move the Resolution to Amend the 2011 Budget.

 

Mrs. Labow: Second.

 

Mr. Mania: I'll second it.

 

President Tobey: It's been moved and seconded. Anyone from the public wish to be heard? Any Council comments? Roll call please.

 

ROLL CALL: Passed Unanimously

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

President Tobey: We are up to the Approval of the Minutes of the Previous Meeting:

 

March 15, 2011 WS (Mr. Tobey absent)

March 29, 2011 WS & CS (all present)

 

President Tobey: Miss Labow, would you please move the Minutes?

 

Mrs. Labow: Yes, thank you Mr. President. I would like to move the Workshop for March 15, 2011, March 29, 2011 Workshop and Public Meeting and Closed Session.

 

Mr. Mania: I second it.

 

President Tobey: Thank you, moved and seconded. Roll Call please.

 

Mrs. Lashway: Excuse me, we are removing the Public Meeting Minutes. They did not get prepared in time to make the Agenda so it's just for the March 29 th , it's only the Workshop and Closed Session.

 

Mrs. Labow: Okay, I'll amend that Motion just for the March 29 th Workshop and Closed Session.

 

President Tobey: I'll second that. Roll Call please.

 

ROLL CALL: Passed with the exception, Mr. Tobey abstained on March 15, 2011

 

 

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received April 6, 2011, from Downtown New Jersey regarding Registration for Business Promotion Techniques and Social Media. PDF Correspondence

 

RESOLUTIONS AND ORDINANCES OTHER TOWNS

 

  1. Resolution received March 28, 2011, from the Borough of Bloomingdale regarding Seeking State Intervention to Increase Safety and Public Awareness on State Highway Route 23. PDF Correspondence

 

DOT / DEP / LOI / HIG HLANDS / EPA / DEPT. OF AGRICULTURE / ABC

 

  1. Letter received March 30, 2011, from the State of New Jersey, Department of Transportation regarding Clover Hill Drive, FY 2011 Municipal Aid Program. PDF Correspondence

 

  1. Letter received March 30, 2011, from the State of New Jersey, Department of Environmental Protection regarding Area of Concern: One 550 gallon #2 Heating Oil Underground Storage Tank System for Block 3401, Lot 13 (84 Canfield Street, Budd Lake) PDF Correspondence

 

  1. Letter received April 4, 2011, from the State of New Jersey, Department of Environmental Protection regarding Area of Concern: One 550 gallon #2 Heating Oil Underground Storage Tank System for Block 5300, Lot 39 (84 Canfield Street, Budd Lake). PDF Correspondence

 

  1. Letter received April 4, 2011, from NJ Transit regarding Available Funding for Purchase of Equipment. PDF Correspondence

 

  1. Letter received April 4, 2011, from the State of New Jersey, Department of Environmental Protection regarding Agency Determination for BL 7000, Lot 19 500 Drakestown Road (500 Drakestown Road). PDF Correspondence

 

  1. Application received April 4, 2011, from the New Jersey Department of Environmental Protection regarding Highlands Applicability Determination for Fellowship Chapel, Single Family Home, BL 7800, Lot 2 (70 Wolfe Road). PDF Correspondence

 

  1. Letter received April 7, 2011, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter regarding Block 7600, Lot 53 (12 Highfield Road). PDF Correspondence

 

MSA

 

  1. List of Allocations received April 4, 2011, from the Musconetcong Sewerage Authority. PDF Correspondence

 

  1. Minutes received April 7, 2011, from the Musconetcong Sewerage Authority regarding the March 2, 2011 meeting. PDF Correspondence

LEAGUE OF MUNICIPALITIES

  1. E-mail received March 25, 2011, from the New Jersey State League of Municipalities regarding State Posts Proposed Transportation Capital Plan for FY 2012 and Reminders for Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received March 25, 2011, from the New Jersey State League of Municipalities regarding Revised for Working Link. PDF Correspondence

 

  1. E-mail received March 28, 2011, from the New Jersey State League of Municipalities regarding NJ Hall of Fame Awards Ceremony and New Posting on Shared Services Board. PDF Correspondence

 

  1. E-mail received March 28, 2011, from the New Jersey State League of Municipalities regarding Strengthening Municipal Immunity to Tort Claims. PDF Correspondence

 

  1. E-mail received March 28, 2011, from the New Jersey State League of Municipalities regarding Nonpartisan Legislative Budget. PDF Correspondence

 

  1. E-mail received March 29, 2011, from the New Jersey State League of Municipalities regarding Available for Download – Collaborating on Real Solutions to the 2% CAP. PDF Correspondence

 

  1. E-mail received March 29, 2011, from the New Jersey State League of Municipalities regarding State Treasurer Testifies on Proposed State Budget. PDF Correspondence

 

  1. E-mail received March 30, 2011, from the New Jersey State League of Municipalities regarding March 30 CDBG. PDF Correspondence

 

  1. E-mail received March 30, 2011, from the New Jersey State League of Municipalities regarding Federal Update for the Period Ending March 25, 2011. PDF Correspondence

 

  1. E-mail received March 31, 2011, from the New Jersey State League of Municipalities regarding Supreme Court to hear League's COAH Appeal. PDF Correspondence

 

  1. E-mail received April 1, 2011, from the New Jersey State League of Municipalities regarding Mayor's April 2011 Newsline. PDF Correspondence

 

  1. E-mail received April 1, 2011, from the New Jersey State League of Municipalities regarding Early Retiree Reinsurance Program Closing and 100 year Anniversary. PDF Correspondence

 

  1. E-mail received April 4, 2011, from the New Jersey State League of Municipalities regarding State Treasurer Testifies Before Senate Budget & Appropriations Committee. PDF Correspondence

 

  1. E-mail received April 4, 2011, from the New Jersey State League of Municipalities regarding April Grant Page Posted, Upcoming Seminar on FMLA and Upcoming Seminar on Police & Fire Department Consolidation. PDF Correspondence

 

  1. E-mail received April 5, 2011, from the New Jersey State League of Municipalities regarding Correspondence – Public Image Works Series. PDF Correspondence

 

  1. E-mail received April 5, 2011, from the New Jersey State League of Municipalities regarding REMINDER – Two Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received April 7, 2011, from the New Jersey State League of Municipalities regarding New Content on DLGS Web Site. PDF Correspondence

 

  1. E-mail received April 7, 2011, from the New Jersey State League of Municipalities regarding New Financial Disclosure Reporting Requirements and Upcoming Educational Foundation, Inc. Seminar. PDF Correspondence

 

  1. E-mail received April 7, 2011, from the New Jersey State League of Municipalities regarding Urging for Sharing the Burden of Property Assessment Appeal Refunds Sample Resolution. PDF Correspondence

 

  1. E-mail received April 8, 2011, from the New Jersey State League of Municipalities regarding From Time to Time – A Quarterly Report on Activities of the NJLM January – March 2011. PDF Correspondence

 

  1. Registration information received April 8, 2011, from the Morris County League of Municipalities regarding the April 20, 2011 Buffet Dinner. PDF Correspondence

 

DCA

 

  1. Local Finance Notice received March 23, 2011, from the Department of Community Affairs. PDF Correspondence

 

  1. E-mail received April 6, 2011, from the Department of Community Affairs regarding GovConnect Update: April 6, 2011. PDF Correspondence

 

BANKRUPTCY

 

  1. Bankruptcy Order received March 28, 2011, from the Unites States Bankruptcy Court, Southern District of New York regarding Blockbuster Inc. PDF Correspondence

 

MORRIS COUNTY

 

  1. E-mail received April 1, 2011, from Keisha Higgs of the Morris County Prosecutors Office regarding Morris County Prosecutor's Office Women's History Month Celebration April 6, 2011. PDF Correspondence

 

  1. E-mail received April 6, 2011, from the Morris County Economic Development regarding Registration for the 19 th Annual Partners in Economic Development Awards Luncheon. PDF Correspondence

 

  1. E-mail received April 7, 2011, from Morris County regarding a Reminder for the Morris County Greentable Forum – April 19, 2011. PDF Correspondence

 

  1. E-mail received April 7, 2011, from Keisha Higgs of the Morris County Prosecutors Office regarding MCPO Crime Victims Rights Week Recognition & Remembrance Ceremony. PDF Correspondence

 

UTILITIES

 

  1. E-mail received April 6, 2011, from New Jersey American Water regarding New Jersey American Water Announces Programs for Low-Income Customers. PDF Correspondence

 

President Tobey: Moving on, we have 40 pieces of Correspondence. Does anyone wish to discuss any? Seeing none, we are up to Ordinances for Public Hearing.

 

ORDINANCES FOR PUBLIC HEAR ING

 

President Tobey: I open the hearing to public on:

 

Ord. #8-2011 An Ordinance of the Township of Mount Olive Amending Ordinance #27-2009 Which Established Salaries for the Mayor, Council, Department Heads, Supervisory Personnel and Employees of the Township Clerk's Office.

 

President Tobey: Yes sir. Good evening.

 

Steve Rattner, Goldmine Road, Budd Lake: I guess this is the proper time to speak to the ordinance

because you have two ordinances on that differ and there is actually a third option that I believe the

Council President supports which means if the other two go down then he gets his suggestion. Now in

today's financial realities every discussion concerning compensation and pay raises is difficult and

complex. In each of the three positions that I've heard is an attempt to be sensitive to the taxpayer.

However, just a little bit of history, I mean the tenured employees come up just about at least once a

decade. In the 90's it came up. We were told or advised at that time that the statutory requirement for

tenured employees was the average of all employees. The big discussion came up at that time was

whether it was taking the PERS (MOTPEA), the FOP and the non-represented and dividing by three or

is it taking the average of all the employees depending on how many were in each category. A decade

later a judge ruled and awarded a tenured employee based on the union average which I believe at the

time was actually higher than what some of the other non-represented employees got. Now as a private,

now as a primary issue on compensation for the last 25 years has been the escalating health benefit

costs. Some of you were here when Mr. Lawries stated that he anticipated that the benefit costs would

bury the Township in a matter of five or six years and I think he was proven right. He also stated that

deduction, deductibles and co-pays would not sufficiently address the problem. Only employee

contributions would have a substantial effect and now you have the opportunity to open that door now.

A major benefit of Ordinance 8-2011 over 2000-2011 (9-2011) is the immediate increase in moral that

will result, that will result in increased work effort. I think one of the things that we have to look at, and

I think that one of the things that are very important that we will get more in dollar wise is the fact that

you have a group of employees stating that they will take less, pay more and share with all of the other

employees so that their co-workers and them get the same amount and are treated the same way. It

makes it a heck of a lot easier to work with somebody, if somebody doesn't think that, well, you, you're

better than me, you got something I couldn't get and I think that sharing is very very important. I think

that will also increase the output. It will provide more teamwork. I think it can only be a plus plus in

every way. To insure that all non-represented employees are treated the same way in a significant matter

shows that you agree that all of their work is equal. Yes, this is only a one year savings but the future is

going to probably be modeled after legislation or directions, directives from Trenton. So we know that in

the future, hopefully from what we hear that there will be and I agree, more contributions for insurance.

When employees contribute towards insurance, they have a vested interest in looking for the most

efficient, the most cost effective methods or policies that could benefit them because now that they have

a stake in the costs. If it goes up like the Governor is talking, the 30% and I know from other companies

that I've worked at, once the employees start contributing a substantial amount, they start asking for

ways to economize, ways to find, ways to make it cheaper. Again, when you look at this and how much

money you are talking about, according to the numbers I've seen, it's $19,000 giving the statutory

employees their statutory requirement if that is what the number is. I know that Mr. Perkins and again,

Mr. Perkins is always somebody who looks at the details and tries finding the exceptions or ways that

the law was intended to work. I guess that's the best way of putting it. However, I think if we don't give

at least the tenured employees their raises, it will definitely produce a lawsuit which it has in the past

with unknown success and still cost the Township money and I believe normally what happens is that

when there is a lawsuit of that case, if the employees win, I think the Town may be responsible for their

legal fees too which would be an increase. I saw Mr. Dorsey shake his head no. I said that is what I

believe but it doesn't mean it is fact. I said I believe the fact to be from looking at the different expenses

and really looking at this, we're talking about, especially in this year's budget, $19,000. We are talking

$5,000 in that because every one of those management, non-represented employees will start paying for

their health insurance. I believe that is what we want to start to get that in, to have the mentality knowing

that everybody has to pay for part of their insurance. I think this is something that we've been waiting

for 25 years. Now we are talking about a couple of dollars one way or another even though 08-2000 (8-

2011) is the immediate savings that I think we've spent just as much effort, time and discussion on the

items that maybe be $100,000, $500,000 or what we heard just a few minutes ago what are issues that

are in to the millions. So again, I think that it's in the Town's best interest to look at what the employees,

the non-represented employees came up on their own to try to work as a team, which is what you want

because you are going to end up with a much more cohesive workforce, which will produce higher

quality work, more work and a lot more cooperation. Thank you very much.

 

President Tobey: Thank you. Yes sir?

 

Jim Schiess, 67 Kevin Dr., Flanders, NJ: Certainly I agree with a lot of the points that Mr. Rattner has

made. As a matter of fact, I've crossed quite a few of them off as you were speaking but in these

economic times none of us as elected officials have easy choices to make. During last year's budget

hearing, the Board of Ed was constantly asked to freeze everyone's wages, particularly the teachers. Mr.

Walsh, prior to being elected, actually came before the Board and said that in his door-to-door travels

that he insisted that we freeze people's wages. The Board could not do that, alright. We did not have the

legal authority to do it and it wasn't something, it was only a decision that the employees could make.

The Council, I believe, is now in the same position in regards to the statutory employees and as a Board

of Education member, I can appreciate the decisions that you have to make. If the employees voluntarily

choose to freeze their current salaries or except less of a raise, the Council choice becomes less difficult,

maybe. In the case of the Board of Education, when our budget was defeated and it came before the

Council, the Superintendent, as was mentioned earlier, took a voluntary 52 day furlough. He's doing the

same this year. It was not something that the Board had the authority to ask him to do. He volunteered to

do it. I think the supervisors in the Township, if they don't volunteer to do it, they are entitled to their

raises and I think as Mr. Rattner had said that the legal fees will far outweigh the increases. In regards to

the numbers, it was a little confusing at the last meeting in regards to 08 and 09. Mr. Tobey made a very

good point in regards to 1.5% never equaling 3.75%. Well that's true, however 1.5% of $100 is $1.50,

3.75% of $40 is $1.50. I think one of the pieces that was missing is that if you take those numbers and if

that is what the Administration wishes to do and stretch them out and I believe that was part of Mr.

Tobey's argument, when you take them and you stretch them out for a number of years, what do the

numbers really equal? Now one example is a penny a day doubled every day for 30 days. The actual

now, it may sound unbelievable, but is $10,737,418.23. So when you look and you bring these numbers

out, Mr. Tobey did have a very good point. At one time during my two years at the Board of Education,

I did change my vote. I asked for my vote to be changed. I didn't realize that the Board needed five

votes to pass a personnel issue and there were only five members at the Board. I had an issue with one of

the people that were on that resolution and I said, no. When the attorney decided that the resolution was

defeated, I realized that I had done something that I really didn't want to do. I didn't want to penalize the

other people that were on the resolution for my lack of knowledge. At the last meeting Mr. Walsh

changes his mind and what he does, the reason that he gave was that, because I can. Well, in all fairness,

my father taught me a long time ago to never ever use those words, because you can. The reason being

very simple. Do you know why a dog licks itself? Because it can. I think these people deserve their

raises, all of them.

 

President Tobey: Thank you. Does anyone else from the public wish to be heard? Seeing none, Mr.

Mania would you please move Ordinance # 8?

 

Mr. Mania: Mr. President, I move for adoption and final passage of Ordinance #8-2011.

 

Mrs. Labow: Second.

 

Mr. Tobey: Okay, it's been moved and seconded. Any Council discussion? Mr. Perkins.

 

Mr. Perkins: Thank you Mr. President. Two weeks ago we sat here and had lengthy discussions on the

merits of the ordinances relative to the supervisory staff coming up with an agreement or a compromise

to their offer to take a zero percent increase to set the bar or example for the other unions which had

already negotiated contracts back in 2009 and were entitled to their raise, not unlike, Mr. Schiess, what

we had asked the school teachers to do last year when we cut the $2 million out of the school budget.

We went back and we asked them to take zero. I was disappointed to find out after having two executive

sessions and another meeting that no one from that supervisory staff came forward with what appeared

to be an August 20, 2011, memorandum which I became aware of, ironically enough, through a

Township blog site. I've read that thing quite extensively four or five different times and I don't, I

believe I think the intent at that point was genuine. I think everybody that signed that was genuine, all

the names that were on it. Again, I'm still bothered by the fact that they would go from asking for a zero

to set a bar to now coming back. 1.5% of their salaries, quite frankly is miniscule in comparison to what

most people in the open markets are paying for insurance. I mean it runs from probably a high number

of about $2,000 annual all the way down to $650 some odd annual and each one of them is now paying

$400 annual. My wife pays $400 annual. I think it is absurd. I pay $3,600 to have her on my insurance

so the 1.5% has never been a bonus as the way I've looked at it. Having said that, since Mr. Rattner as

well as Mr. Schiess have brought up ordinance 9-2011, I ask the specific question of our Township

Attorney and I said, the verbiage in the statute says that all officers and employees and I ask that in the

most literal sense to know that if this Council had decided to not approve Ordinance 8-2011which would

be a half year salary and the 1.5% health benefits, were those four statutory people obligated and were

we required by law to provide them with a raise. In discussions with our Attorney's office as well as the

attorneys from the League of Municipalities, had we done what, the question was posed, well if you pick

one person, then that would mean that all employees didn't get a raise. I think quite frankly if we were to

earmark one or two employees and say, well you don't get a raise and that means we can walk away

from the statutory requirement, I think that in a court of law we would definitely lose on that battle.

Having said that, 10% of the workforce or a group of supervisory employees being denied a raise is not

necessarily looking at it the same way. It is not retaliatory, it is strictly a matter of a question of the law,

is if that group of employees is denied a raise, are the statutory employees still entitled and are we

required by law. So far my answers have been no, they are not required. I am going to vote no on 8-2010

(8-2011). Again, my reasons, I've known these folks a long time. Do I think they are hard workers? Yes

they are. I think they work just as hard if not harder than anybody else that we know that is either

employed or unemployed right now trying to make ends meet. I think their salaries are substantial for

the works that they do within the government. They produce an admirable amount of work but I

determined at one point when you offered me to tax zero and set the bar, I just cannot in good faith and

consciousness turn back around and grant the raise. Thank you Mr. President.

 

President Tobey: Thank you. Any other Council Comments? Seeing none, Roll Call please.

 

ROLL CALL: Passed with the exception, Mr. Mania, Mr. Perkins and Mr. Tobey voted No.

 

President Tobey: Ordinance #8-2011 is passed on second reading and I hereby direct the Clerk to

forward a copy of the same to the Mayor and publish the notice of adoption as required by law.

 

Mr. Greenbaum: I hereby move to removed Ordinance #9-2011.

 

Mr. Dorsey: Yes, it has to be taken off.

 

Mrs. Labow: Second.

 

Ord.#9-2011 An Ordinance of the Township of Mount Olive Amending Ordinance #27-2009 Which Established Salaries for the Mayor, Council, Department Heads, Supervisory Personnel and Employees of the Township Clerk's Office (Statutory Officers Only).

 

President Tobey: Moving on, I open the hearing to the public on:

 

Ord.#10-2011 An Ordinance of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey to Amend Chapter 48, Police Department, of the Township Code in its Entirety.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Mr. Walsh, would you be so

kind.

 

Mr. Walsh: I move Ord. #10-2011.

 

Mrs. Labow: Second.

 

President Tobey: Moved and seconded. Any Council discussion? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ord. #10-2011 is passed on second reading and I hereby direct the Clerk to

forward a copy of the same to the Mayor and publish the notice of adoption as required by law.

 

ORDINANCES FOR FIRST READING (2 nd reading – April 26, 2011)

 

President Tobey: We have one Ordinance for First Reading. The Second Reading is on April 26 th . The

next item on the Agenda for First Reading is:

 

Ord.#11-2011 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Appropriating $37,500 for the Acquisition of Property, Such Appropriation Consists of a $37,500 Green Acres Grant from the State of New Jersey Department of Environmental Protection.

President Tobey: Mr. Roman, would you please move that.

 

Mr. Roman: I move that Ordinance #11-2011 be introduced by title and passed on first reading

and that a meeting be held on April 26, 2011 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown

Road, Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and

that the Clerk be directed to publish, post and make available said Ordinance in accordance with the

requirements of the law.

 

Mrs. Labow: Second.

 

OPTIONAL PUBLIC PORTION

 

President Tobey: Thank you. It's been moved and seconded. Does anyone from the public with to comment on

Ordinance #11? Seeing none, any Council discussion? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

CONSENT RESOLUTIONS AGENDA:

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

 

CONSENT RESOLUTIONS – R. Greenbaum

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reimbursement of Funds for the Purchase of Block 7000 Lot 63. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Temporary Capital Budget Amendment of the 2011 Budget. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Block 2210 Lot 11 (11 Whipporwill Road). PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of an Application to the Morris County Historic Trust for 2011 (Baptist Church). PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale for U.S. Owned or U.S. Affiliated Properties. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Golub Animal Hospital for Animal Control Services. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person Transfer of Alcoholic Beverage License No. 1427-36-029-002 from Northstar Mt. Olive, LLC to Northstar ITC Management, LLC. (Holiday Inn). PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township of Mount Olive and CVS Pharmacy. (formerly First Hartford) PDF Resolution

 

President Tobey: We are up to Consent Resolutions. We have nine.

 

Mrs. Lashway: We are adding a new Resolution. It's been posted and it's been put out for the public.

 

President Tobey: So it will be two through ten, Numbers two through ten. Does anyone wish to move any to

Non-Consent?

 

Mrs. Lashway: You should at least read the title of it.

 

President Tobey: This is a Resolution Regarding the Township of Mount Olive, BASF and NJFTZ.

 

  1. Resolution Regarding the Township of Mount Olive, BASF and NJFTZ.

 

Mr. Greenbaum: Are we also getting another resolution from Mr. Dorsey with respect to the…

 

Mrs. Lashway: Local Finance Board.

 

Mr. Greenbaum: The Local Finance Board.

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Township Attorney and Bond Counsel to Proceed to Make Application to the Local Finance Board to Permit a Certain Refunding in Connection with the Township's Wastewater Indebtedness.

 

Mr. Dorsey: WHEREAS , the Township Council of the Township of Mount Olive, authorizing Township Attorney, Bond Counsel to Proceed to make application to the Local Finance Board to permit a certain worth funding in connection with the Township's Wastewater Indebtednesses.

WHEREAS , the Township Council of the Township of Mount Olive has annually reviewed it's sewer utility operating fund in order to determine when it will be appropriate and necessary for the Township to adopt any change and increase in sewer rates and

WHEREAS , the Township during the last 15 years has successfully operated the sewer utility without any particular increases in the rates and has done a rather extraordinary thing and that is to essentially pay for all Capital Improvements on an ongoing basis rather than to have bonded for those expenses and

WHEREAS, at the time of the completion of the Budd Lake Sanitary Sewer System, the Township assigned Equal Dwelling Units (EDU's) to all of the properties within the Township that were serviced by the Budd Lake Sanitary Sewer System and at that point in time in 1999 there were some 320 EDU's that were not assigned and it was always assumed, based upon the calculations made by the Township Consulting Engineer in connection with the Budd Lake Sanitary Sewer System that those EDU's would indeed be sold and

WHEREAS , after the adoption of the Highlands Act and the various limitations placed upon the development of property within the Township it became inappropriate for persons to purchase and develop property not withstanding that the EDU's were indeed available for purchase and

WHEREAS , as a result of the inability of the Township to sell 320 EDU's which would amount to approximately some $3 million dollars, the Township now faces the year 2013 when it's wastewater treatment bond loan becomes due. The Township Council has now explored with the Township Attorney, Bond Attorney and the Township Auditor the possibilities for alleviating the significant spike that would occur in terms of the sewer rates if indeed within the next year and a half the necessary funds to pay off the Wastewater Trust bond had to be raised and

WHEREAS , the Township believes as it has now been advised by its Auditor and Bond Counsel that it can make a very credible case as to why the Division of Local Finance should grant us a refunding that essentially being that things have occurred within the system that could never have been anticipated. That the Township use Capital to pay for ongoing Capital Improvements rather than essentially setting it aside for a pay down of the Wastewater Trust Fund and believes under those circumstances and the fact that the Township seeks an early point in time to address this deficit in terms of monies to pay off the Wastewater Trust Fund that an application to the Division of Local Government Services should indeed be made.

NOW, THEREFORE, BE IT RESOLVED , by the Township Council of the Township of Mount Olive that the Township Attorney, Bond Counsel, Auditor, etc. make the appropriate application to the New Jersey Division of Local Finance to obtain permission to refund a debt for approximately a five year period.

 

President Tobey: Thank you Mr. Dorsey. We have Consent Resolutions two through eleven. Does

anyone wish to move any to Non-Consent? Does anyone from the public wish to be heard on any?

Seeing none, Roll Call please.

 

PUBLIC PORTION ON CONSENT RESOLUTIONS

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

 

Mr. Greenbaum: I don't think we moved them. I'll move them.

 

President Tobey: I'm sorry.

 

Mr. Roman: Second.

 

President Tobey: Moved and seconded. Roll Call please.

 

Mr. Perkins: Yes, a clarification Mr. Tobey. I'd like to make one clarifying statement on Number 7 for the award of the animal contract to Golub Hospital. The Council, our Council had seen fit a year and a half ago to adopt an ordinance for the trap, neuter and return program here in Mount Olive. I've included in this year's bid package a clarification statement that went out to all of the bidders letting them know that Mount Olive does have a trap, neuter, return which also works to adopt out cats and that they need to make themselves available and work together with that group. So that should alleviate some of the other issues that we have and I vote yes on all of them.

 

ROLL CALL: Passed Unanimously

 

RESOLUTIONS NON-CONSENT

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

ROLL CALL

 

President Tobey: Moving on, we have Motions, we have the Bill List. Mr. Mania, would you kindly move that?

 

MOTIONS CONSENT

 

•  Bill List. PDF Bill List

 

Mr. Mania: Mr. President, I move the Bill List on a Consent Motion.

 

Mr. Perkins: Second.

 

President Tobey: Thank you. It's been moved and seconded. Does anyone from the public have any questions on the Bill List? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are up to Administrative Reports. Mayor, we have a Proclamation honoring April 22, 2011, as Earth Day.

 

ADMINISTRATIVE REPORTS – Proclamation honoring April 22, 2011 as Earth Day

 

Mayor Scapicchio: Thank you Mr. President. I actually have three items. The first is a Proclamation honoring April 22, 2011 as Earth Day. Whereas, the global community now faces extraordinary challenges, such as global health issues, food and water shortages and economic struggles; and

WHEREAS , all people regardless of race, gender, income or geography have a moral right to a healthy, sustainable environment with economic growth; and

WHEREAS , it is understood that the citizens of the global community must step forward to take action to create a green economy to combat the aforementioned global challenges; and

WHEREAS , a green economy can be achieved on the individual level through educational efforts, public policy and consumer activism campaigns; and

WHEREAS, the Township of Mount Olive encourages its residents, businesses and institutions to use EARTH DAY to celebrate the earth and commit to building a sustainable and green economy.

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby pledge this Earth Day, April 22, 2011 , to support economy initiatives in Mount Olive Township and to encourage others to undertake similar action.

 

And as a note I know Council was copied on this correspondence from the County of Morris but the Mount Olive Municipal Alliance was awarded $2,500.00 in supplemental funding for programs that they support and thanks to Fred Detoro and Tim Quinn we made an application to FEMA for reimbursement of the December 26 th and December 27 th snow storms. We had expenses of a little over $108,000.00 and it is my understanding that FEMA has awarded us $81,446.15 of that which funds will be deposited in our snow account. So although we had a terrible winter, we've actually done pretty well in terms of our finances with regards to snow removal.

 

President Tobey: Good news. Good news. Anything else Mayor?

 

Mayor Scapicchio: That's it, thank you.

 

President Tobey: Thank you. Old Business. Is there any Old Business?

 

OLD BUSINESS

 

Mr. Greenbaum: I just have one piece, Phil.

 

President Tobey: Yes.

 

Mr. Greenbaum: All of you should have received a copy of a letter that I wrote to Gary Chiusano with respect to the light at Connolly. Again, it's been raised. It's an issue which he was unaware of and he has indicated that he would look into it for us. So I prepared a letter with all of the attachments from the Mayor's office in terms of our prior efforts. I know it is important to all of the people in County Oaks. It is a very dangerous situation and we should all be pressing at this point in time to get, finally get some resolution of that issue.

 

President Tobey: Thank you. Any other Old Business? Is there any New Business?

 

NEW BUSINESS

 

President Tobey: Legal Matters, Mr. Dorsey.

 

LEGAL MATTERS

 

Mr. Dorsey: I would note one. Almetek, a company owned by Burlando who has the self storage facility has an assessment of $9 million. The Assessor did the usual thing and sent out what we refer to as a Chapter 95. It requires the taxpayer to respond and to give certain information as to the value of the property, the income, etc. Burlando refused to do that. Last Friday we had a return of a motion we made to dismiss the application because the property owner had failed to file the information in accordance with the request under Chapter 95 and the appeal by Burlando was dismissed. So, that's $9 million in assessment preserved.

 

President Tobey: Thank you, Mr. Dorsey. Council Reports, does anyone have any Reports? Mrs. Labow.

 

COUNCIL REPORTS

 

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Planning Board Report – J. Mania

Open Space Committee Report – C. Labow

Pride Committee Report – C. Labow

 

Mrs. Labow: Thank you Mr. President. The Pride Committee met last week and we are working on a fund raising project and I do have a question for Mr. Dorsey. If we want to sell a product, an advertising product, these banners that we want to promote and we need a contract. It would be your office that we would, you would write the contract for us for the sale? What it is, we have banners now that have worn out and we need to get new banners. Throughout the Town there…

 

Mr. Dorsey: The Township does?

 

Mrs. Labow: Yeah, the Pride Committee put them up, it's like Welcome to Mount Olive. They're like 30 x 8, these huge big banners but they are all worn out so they want to…

 

Mr. Dorsey: I suppose we would look at the contract for you.

 

Mrs. Labow: Okay. That was my question that I had to bring to you tonight. We have a couple of other issues that we are ironing out which I will bring forward next month for Pride.

 

Open Space Committee Report – C. Labow

 

Mrs. Labow: And also Open Space met last night and Kathy is here. I'm not sure if there is anything you want to share with Station Road. No, not yet. That will come at another meeting.

 

President Tobey: Alright, thank you Miss Labow. Any other reports? Mr. Roman.

 

Mr. Roman: Baseball season is here. On April 9 th , apparently we were blessed with some good weather that day and the opening day parade went off beautifully. In attendance was the Mayor, Mr. Greenbaum, Mr. Perkins, Mr. Mania, Mr. Walsh, and myself and contrary to published reports, that low pitch that I threw was a strike.

 

Mr. Greenbaum: Do you mean if it bounces in front of the player, it can still be used…

 

Mr. Roman: Yes, because the batter swung at it.

 

President Tobey: Then it is a strike.

 

Mr. Roman: And that is all I have.

 

President Tobey: Any other reports? Mr. Walsh.

 

Legislative Committee Report – P. Walsh

 

Mr. Walsh: The Legislative Report, for the record I'd like to thank Senator Oroho. I've put together a letter for the people of Country Oaks, the citizens and with the help of Ed Tworek who is on their Board in reference to the exorbitantly high sewer rates, with the help of a lot of data provided by Mr. Tworek, we've given that to Senator Oroho and he is going to prepare a letter for the BPU in hopes to help get some relief. We'll see how it goes and that is it, thank you.

 

President Tobey: Thank you Mr. Walsh. Miss Labow.

 

Mrs. Labow: Sorry. I forgot. One more thing for the Open Space Committee. We are going, we are planning our first trail blazing day on May 1 st from 1 to 5 pm so anybody who would like to come and help out, we'd love to have you.

 

President Tobey: Thank you. Any other Council Reports?

 

Board of Education Liaison Report – A. Roman

Lake/Environment Issues Committee – R. Perkins

Safety Committee Liaison – R. Perkins

Economic Development Committee Report – P. Walsh

Library Board Liaison – R. Greenbaum

Senior Citizen Liaison – J. Mania

Community Development Revenue Sharing – R. Perkins

 

PUBLIC PORTION

 

President Tobey: We are up to our next Public Portion. Does anyone from the public wish to be heard? Yes sir.

 

Ned McDonnell, Budd Lake: While driving around the Township they have streets that are marked with a stop sign. There seems to be a lack of uniformity about the white lines painted across the road. Some streets have them, some streets don't. Are there State laws that govern the white line painting at stop signs?

 

Mr. Dorsey: Well I think the answer to that is probably yes but I'm not familiar with them off the top of my head.

 

Mr. McDonnell: It just seems that there is no rhyme or reason. Some streets that stop at 46 have them, some don't. Some streets on side streets have them, some don't and I think we should just look into it, making it uniform.

 

Mr. Dorsey: I'm sure that Stanley VanNess would know.

 

Mrs. Lashway: Scott.

 

Mr. Dorsey: Scott.

 

Mr. Sohl: I'll pass it on to Scott.

 

President Tobey: Well if the statute does exist, if you want to identify some streets and pass that along to Mr. Sohl and he'll forward that to Mr. Quinn.

 

Mr. McDonnell: It's pretty easy to see. Almost all of them, it's a lot of streets. It's not just a few.

 

Mr. Sohl: I'll pass it on to Scott.

 

President Tobey: Thank you.

 

Mr. McDonnell: And one other thing. Mr. Tobey, I'd like to thank you. I see know that you are requesting public comment on ordinances for first reading. I do appreciate that. Thank you.

 

President Tobey: You are welcome. Thank you for bringing it to my attention. Anyone else from the public wish to be heard?

 

Steve Rattner, Goldmine Road, Budd Lake: I'm here. No, I just wanted to state that the decision on the refinancing of the sewer assessment account is absolutely appropriate and it's the only way really to go with any sensitivity to the rate payers. Two things that I just want to bring up. I know the CFO probably already knows but the MSA, where the Budd Lake sewage goes, heard from the different towns about not being able to afford any additional rate increases. This year our budget, both operating and capital, because our capital went up so we had to cut more from operating budget, actually decreased a very little amount but we did listen to the different towns and we were very sensitive to their plight. One of the ways we were able to do that is that any capital that we look at, we look at our five year plan every year and periodically when the times are good, contracting rates and low and interest rates are low. We put out to bid maybe four or five projects because it takes that to make it efficient to borrow the money rather than do it in piecemeal. We also made the decision that the only project we do will either lower costs or it is required because of safety or regulation. The last thing that I want to bring up is obviously I've been reading with a lot of enthusiasm about the possibility of the International Trade Zone coming back and I can say one thing that is going to happen is that if that building is filled with a first rate company, the properties along 46 will become probably double in value probably very very quickly. You'll see a lot of redevelopment and you'll probably be able to see a heck of a lot of those EDUs in the future because being in the Highlands, you can't go after virgin land but once the land has been disturbed, once you have impervious coverage just very similar to what CVS is doing, you'll start seeing some of those other smaller buildings so I think there is some light at the tunnel. Obviously, you know there is competition for the company. Mount Olive has the best location. It's the best building and I know that as a fact from talking to the contacts that I have on the Planning Board in Morristown but hopefully we'll get it and that will probably turn around every other problem we have too. Thank you.

 

President Tobey: Thank you. Mr. Sohl.

 

Mr. Sohl: Steve.

 

Mrs. Labow: Steve.

 

Mr. Sohl: Quick question on the first subject of the MSA does that mean that we are going to see at least an incremental reduction in rate.

 

Mr. Rattner: Very, if you see any, it would be very incremental. It maybe, you know, $126.00 because one of the things that, the budget is down maybe $30,000.00-$40,000.00. That's both the capital part and the operating part but it depends on the actual allocation between the different towns but the total budget, you are not going to see much of a difference. It's not going to make it but it didn't go up.

 

Mr. Sohl: But, yes, it's zero or less.

 

Mr. Rattner: If it is a couple hundred dollars…don't shoot the messenger.

 

Mr. Sohl: I'll take it. I'll take it.

 

Mr. Rattner: No, I mean increase.

 

Mr. Sohl: Oh.

 

Mr. Rattner: But I said it is the total budget but it's the allocation depending on how many gallons we sent in last year.

 

Mr. Sohl: Thank you.

 

President Tobey: Thank you. Does anyone else from the public wish to be heard? Seeing none, any Council Comments?

 

COUNCIL COMMENTS

 

Mr. Mania: Yes, Mr. President. On April 28 th there will be a dinner honoring, the 200 Club honors heroism by police officers, fire fighters, emt's and we are honored this year to have two policemen from Mount Olive who will be honored on that evening. I'm a member of the 200 Club. I plan on attending and I understand our Mayor will be attending also. It's an honor to have two policemen from Mount Olive.

 

President Tobey: Thank you Mr. Mania. Any other Council Comments? Seeing none, I'll accept a motion to adjourn. Motion made and seconded. All in favor the meeting adjourned at 9:52 pm

 

ADJOURNMENT

 

_________________________________

Alex Roman, Council Vice President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on April 26, 2011.

 

 

_________________________________

Lisa Lashway, Township Clerk

 

 

 

 

 

2012 Mount Olive Township. All rights reserved.