Mt. Olive Township Council Minutes
April 24, 2007


Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:32 pm by Council President Greenbaum with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

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. Tepper, Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tobey,
Mr. Greenbaum

Absent: Mr. Perkins

Also Present: David Scapicchio, Mayor; William Sohl, Business Administrator;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk;
Gary Higgins, Township Auditor

Public Hearing on Municipal Budget

President Greenbaum: This evening we are going to be having the public hearing on the Municipal Budget. The first resolution is:

1. Resolution RE: Waiver of Reading in Full of the 2007 Budget.

President Greenbaum: At this point I would ask Mr. Buell, to please move Resolution #1 - Waiver of Reading in Full of the 2007 Budget.

Mr. Buell: Thank you. I move Resolution #1.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: At this point I will open it up to the public for anyone who wishes to be heard on Resolution #1. Seeing no one, does anyone on Council have any comments with respect to Resolution #1?

Mr. Rattner: Did we ever resolve the contribution to the Budd Lake Fire Department? That was left open. We put the money in on the introduced budget and we said that we would have the resolution before we finally adopted it.

Mr. Tepper: That was the $21,000 correct?

Mr. Rattner: It was the remediation because that is what we said…so we are leaving it in and we are going to fund it?

Mayor Scapicchio: It’s there, we haven’t funded it.

Mr. Rattner: No, if we vote on the budget we did fund it.

Mayor Scapicchio: It’s available. It’s available if we decide to fund it.

Mr. Rattner: Okay, then if we don’t it ends up in surplus?

Mayor Scapicchio: That’s correct.

Mrs. Jenkins: I have advised my staff to make sure that doesn’t get released until we have some authorization, so they are aware.

Mr. Rattner: Well, right now there’s absolutely no authorization that’s why I wanted to bring it up.

Mrs. Jenkins: Yes, even though it is in there it won’t get released.


Mrs. Labow: I have a question about that. When it does get released, do we have to pass a resolution or is it just going to go on the Bill List and it will be passed that way?

President Greenbaum: Yes.

Mr. Rattner: Once we vote on it, we don’t have any control over it again. That’s why I want to have control.

Mrs. Labow: So should we possibly…can we extract that part of the budget?

President Greenbaum: No. You know what? I am prepared to leave that in the hands of the Administration at this point. We are not talking about an incredible amount…I mean we are not talking about hundreds of thousands of dollars. Obviously, the Mayor is aware of the fact that Council is concerned about that money. He has raised many of the same concerns about that money and I think at this point, we need to leave that in the hands of the Administration and not make it a further issue at this point in time.

Mrs. Labow: Sounds like a plan.

President Greenbaum: Okay, any other comments on Resolution #1 which is simply waiver of the reading of the full budget. Seeing none. Roll Call please.

Mrs. Lashway: Did somebody move it?

President Greenbaum: Yes, it was moved by Mr. Buell and seconded by Mrs. Labow.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Resolution #2 entitled:

2. Resolution RE: Self Examination

President Greenbaum: Mr. Rattner, do you want to move that please?

Mr. Rattner: I move Resolution #2 on the Self Examination.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none. Any Council comment? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Resolution #3 entitled:

3. Resolution to Adopt 2007 Municipal Budget

President Greenbaum: Mr. Tepper, do you want to move that please?

Mr. Tepper: I move Resolution #3.

Mr. Buell: Second.

President Greenbaum: Anyone from the public who wishes to be heard on the adoption of the 2007 Municipal Budget? Seeing none. Any Council Comment? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Resolution #4 entitled:

4. Resolution to Adopt 2007 Solid Waste Collection District Budget

President Greenbaum: Mrs. Labow, do you want to move that please?

Mrs. Labow: I move Resolution #4 for adoption.

President Greenbaum: Is there a second?

Mr. Tobey: Second.

President Greenbaum: Seconded by Mr. Tobey. Any public comment? Any Council comment? Roll Call please.

ROLL CALL: Passed Unanimously

Mayor’s Proclamations:
• Honoring Child Abuse Prevention Month
• Honoring Safe Kids Week

President Greenbaum: We are up to Mayor’s Proclamations. Mayor? Proclamations honoring child abuse prevention month and honoring safe kids week.

Mayor Scapicchio: Yes, thank you Mr. President.

Office of the Mayor

PROCLAMATION

Honoring Child Abuse Prevention Month

WHEREAS, all children deserve to be nurtured, protected and free of physical or emotional harm; and

WHEREAS, child abuse and neglect is a significant social problem that damages the lives of children physically, mentally and emotionally and inflicts immeasurable harm to our society as a whole; and

WHEREAS, Mount Olive Township is committed to building a continuum of child abuse prevention and intervention programs that are culturally competent, strength-based and family-centered, with a strong emphasis on primary child abuse prevention; and

WHEREAS, Mount Olive Township promotes and supports community-based programs designed to prevent injury, abuse or neglect of children, achieve positive outcomes for parenting behavior and family functioning and relationships, and empower and increase safety for domestic violence victims and their children; and

WHEREAS, all sectors of the community, including law enforcement, medical professionals, schools, courts, the media and private and public agencies have joined forces to promote public awareness and community involvement in prevention during the month of April and throughout the year.

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby proclaim, April as Child Abuse Prevention Month in Mount Olive Township.

Mayor Scapicchio: We have another Proclamation, this is honoring safe kids week.

Office of the Mayor

PROCLAMATION

Honoring Safe Kids Week

WHEREAS, unintentional injury is the number one killer of children 14 and under; and

WHEREAS, each year, more than 5,000 children 14 and under die from unintentional injuries; and

WHEREAS, emergency rooms experience nearly 2.4 million visits from children 14 and under each
summer; and

WHEREAS, 90 percent of these injuries and deaths are preventable; and


WHEREAS, 41 percent of these deaths occur during “trauma season” the months of May, June, July and August; and

WHEREAS, the risks areas that show the greatest seasonal surge in death and injuries between May and August compare to the rest of the year are biking, drowning, pedestrian, motor vehicle occupants and falls; and

WHEREAS, Safe Kids Worldwide and Safe Kids New Jersey, led by the New Jersey State Safety Council promote childhood injury prevention by uniting diverse groups into local and state coalitions, developing innovative educational tools and strategies, initiating public policy changes, promoting new technology and raising awareness through the media; and

WHEREAS, Safe Kids Worldwide, with the support of founding sponsor Johnson & Johnson, launches Safe Kids Week 2007, “Make it a Safer Kids Summer” which focuses on five of the deadliest warm-weather risk areas; and

WHEREAS, Safe Kids New Jersey has planned special childhood injury prevention activities and community based events for Safe Kids Week 2007 in an effort to educate families about summer safety.

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby proclaim, April 28th through May 6th as Safe Kids Week 2007 in Mount Olive Township.

President Greenbaum: Thank you very much. Any questions on the Bill List? Did you want to leave?

Mr. Rattner: You have a question on the Bill List? I want to hear his question.

President Greenbaum: Thank you very much, as always…

Mr. Rattner: Sherry is doing her job.

Mr. Higgins: Fred is going to take over for me now…

Mr. Dorsey: Well, he could easily.

Mrs. Labow: Thanks Gary.

Mr. Tepper: Okay, on that note.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

March 27, 2007, PM
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Perkins, Mr. Tobey, Mr. Greenbaum
Absent: Mr. Rattner

April 3, 2007, WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Greenbaum, Mr. Tobey
Absent: Mr. Tepper

April 10, 2007, PM
Present: Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper, Mr. Perkins, Mr. Greenbaum
Absent: Mr. Tobey

President Greenbaum: Mr. Tepper, do you want to move the Minutes?

Mr. Tepper: I move the Minutes of March 27th Public Meeting, April 3rd Workshop and April 10th Public Meeting.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any comments, deletions, changes, modifications? Roll Call please.

Roll Call: Passed Unanimously with the exception, Mr. Tepper abstained on April 3, 2007, Mr. Tobey abstained on April 10, 2007, Mr. Rattner Abstained on March 27, 2007


CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received April 9, 2007, from Adam Soong regarding traffic on Manor House Road.

2. Information received April 10, 2007, from the Mount Olive Area Chamber of Commerce regarding April Business Meeting.

3. Thank you note received April 10, 2007, from the Mount Olive High School Parents Club regarding Fashion Show.

4. Invitation received April 10, 2007, from the National League of Cities regarding Awards for Municipal Excellence.

5. Letter received April 16, 2007, from the residents of Madison Avenue regarding Toll Brothers Morris Chase Subdivision project – sidewalks on Madison Avenue.

6. Letter received April 17, 2007, from Kerry Milone-Clapp regarding installation of cameras on School Buses.

7. Letter received April 17, 2007, from the West Grover Street Residents regarding road repair request.

LEAGUE OF MUNICIPALITIES

8. Letter received April 9, 2007, from the New Jersey State League of Municipalities regarding League Seminar on “Everything Local Officials Need to Know about Ethics.”

9. Fax received April 12, 2007, from the New Jersey State League of Municipalities regarding Appeal of COAH Court Ruling.

10. Letter received April 16, 2007, from the New Jersey State League of Municipalities regarding Mayors Summit on Pensions and Benefits.

11. Legislative Bulletin received April 16, 2007, from the New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.

MUA / MSA

12. Minutes received April 10, 2007, from the Musconetcong Sewerage Authority regarding March 7, 2007, meeting.

DOT / DEP / LOI / HIGHLANDS

13. Letter received April 9, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Treatment Works Approval – Active Adult Community (Location: Continental Drive and Love Lane)

14. Letter received April 10, 2007, from the State of New Jersey, Department of Environmental Protection, Highlands Water Protection and Planning Council regarding Grant opportunity.

15. Letter received April 12, 2007, from the State of New Jersey, Department of Environmental Protection, Municipal Finance and Construction Element regarding Treatment Works Approval, Active Adult Community Pump Station.

16. Letter received April 12, 2007, from Ronald Heksch, Esq. regarding Notice of Intent to Settle (Rezamir Estates, Inc).

17. Letter received April 13, 2007, from the State of New Jersey, Department of Environmental Protection, regarding 357 River Road, Single Family Home Block 8100, Lot 3 – Enforcement Action, response to March 20, 2007 letter.

18. Letter received April 16, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Potable Well Water Analyses in vicinity of Shell Services Station site, 285 Route 206 & Flanders Road, Mount Olive Township.

19. Letter received April 16, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Gen III Builders @ Fox Chase Block 7801, Lot 41 (Mt. Olive Road) Area of Concern: 300 Gallon Gasoline Oil Underground Storage Tank.

20. Letter received April 16, 2007, from the State of New Jersey, Department of Transportation regarding the Local Bikeway Program.

21. Letter received April 17, 2007, from Robin Persad regarding Treatment Works Approval for St. Elizabeth Ann Seton Church.

22. Letter received April 18, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Letter of Interpretation – Line Verification Applicant: The Rockefeller Group Block 103; Lot 2.05 (350 International Drive).

23. Letter received April 19, 2007, from Nusbaum, Stein, Goldstein, Bronstein & Kron regarding Farooq Subdivision (4 Thirty First Street, Budd Lake, NJ 07828) Application for Highlands Applicability Determination.

24. Letter received April 19, 2007, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter, Covenant Not to Sue for Coty Prestige LLC Block 102, Lot 11.02 (350 Clark Drive, Mount Olive).

UTILITIES

25. Letter received April 11, 2007, from Elizabeth Gas regarding 2007 initiatives.

26. Letter received April 18, 2007, from Comcast regarding Comcast digital line up on Channel 247.

27. Letter received April 18, 2007, from Jersey Central Power and Light regarding change in new Area Manager.

MORRIS COUNTY

28. E-mail received April 10, 2007, from the Morris County Improvement Authority regarding 2007 Note and Bond Pool.

TORT

29. Subpoena received April 17, 2007, from the Morris County Superior Court regarding John Esposito, Jr. vs. William V Yarlaski and Donald V. Yarlaski.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: There are 29 pieces of Correspondence on the amended Agenda. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on to ordinance for public hearing. The first Ordinance for Public Hearing this evening is Ordinance #20-2007 entitled:

Ord. #20-2007 Bond Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Providing for the Acquisition of an Asphalt Zipper Jointly with the Township of Washington Appropriating $50,000 Therefor and Authorizing the Issuance of $47,500 Bonds or Notes of the Township to Finance Part of the Cost.

President Greenbaum: Does anyone from the public wish to discuss this particular Ordinance? Seeing none, I close it to the public. I would ask Mr. Buell to please move this for approval.

Mr. Buell: I move Ordinance #20-2007.

President Greenbaum: Is there a second?

Mr. Tepper: Second.


President Greenbaum: Moved and seconded. Any Council discussion?

Mr. Buell: When we first approved this and looked at this, we were asking for a recommendation of how this was going to be done with Washington Township? Have the details of the agreement been worked out with Washington Township?

Mr. Sohl: Not yet, no.

Mr. Buell: So we don’t know who is going to own this and how this thing is going to be…

President Greenbaum: It is going to be owned jointly. The question of where it is going to be kept, that’s the stuff that hasn’t been worked out.

Mrs. Labow: And maintenance.

Mr. Sohl: We are not going out to purchase tomorrow.

Mr. Rattner: Did we get an agreement that it was going to be owned jointly? Washington Township, I believe, has that they put it in their Capital Budget. They’re purchasing it and they think they are going to own it and they are getting a contribution from us.

Mr. Sohl: I will double check with Tim.

Mr. Rattner: What?

Mr. Sohl: I will follow up with Tim.

Mr. Rattner: We asked for that because it becomes problematic especially with insurance, especially with the security on a Bond. We are going on a Bond and it’s supported by the equipment, so we have to have ownership on it. If we don’t, it just becomes a contribution.

Mrs. Jenkins: Remember when we go out to Bond, it’s based on our credit not on the actual asset. We talked about that before.

Mr. Rattner: Then we list what the asset…

Mrs. Jenkins: In terms of fixed assets you’re right, that is true.

President Greenbaum: Okay. Certainly before any money is spent we need to make sure and I would ask the Administration to pass that through Council to make sure that we are all in line in terms of that the I’s have been dotted and the T’s have been crossed.

Mr. Sohl: Yes.

Mayor Scapicchio: Rob, I am just asking, can the Council supply us with some of their concerns because we are really doing something that is unique to some degree.

Mr. Rattner: I think we did that on the third and we were going to get a response before we had the final… that was the agreement.

Mr. Sohl: I heard the concerns. I don’t remember that we committed to it that quickly…

President Greenbaum: Council is concerned about the ownership interest in terms of where it is going to be stored and before any of the money is committed to Washington Township, Council needs to be satisfied that all of the concerns have been addressed.

Mr. Sohl: I agree.

Mrs. Labow: Why would we have this tonight if we are not satisfied on all of the particulars?

President Greenbaum: You can vote no if that is what you want to do.

Mrs. Labow: How is that impacted?

Mrs. Lashway: You can vote to continue it.

Mrs. Labow: Can we table it?

President Greenbaum: You can’t table. You can vote to continue the public meeting on the matter.

Mrs. Labow: I would rather do that and then find out all of the information before we voted on this.

President Greenbaum: No. We can reopen the public hearing, that’s the way that it gets carried. I will reopen the public hearing if that is what the majority of Council wishes to do on this? I am prepared to vote in favor.

Mr. Buell: So am I.

Mr. Tepper: So am I. I trust the Administration that they are going to provide us with the appropriate documentation.

President Greenbaum: Before the money is spent.

Mrs. Labow: Before the money is spent? Okay, that’s good.

President Greenbaum: Does that answer everyone’s questions? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #20-2007 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.

ORDINANCES FOR FIRST READING – 2nd Reading May 8, 2007

President Greenbaum: The first ordinance is Ordinance #21-2007 entitled:

Ord. #21-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled “Land Use” Section 18 Entitled “Fees” of the Code of the Township of Mount Olive.

President Greenbaum: Mr. Tobey could you please move that for first reading?

Mr. Tobey: I move that Ordinance #21-2007 be introduced by title and passed on first reading and that a meeting be held on May 8, 2007, 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 the law.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any Council discussion?

Mr. Rattner: I will support this to be introduced tonight but just like the last time we raised fees. I think we deserve to have what the budget impact…how much additional revenue it’s going to bring in and how it covers our costs. So as long as we get that before the final, that’s all.

President Greenbaum: Any other discussion? I thought when I read it, it related to escrow fees.

Mr. Rattner: No, also permit fees.

President Greenbaum: Permit fees as well?

Mr. Rattner: Yes. That’s money we keep.

President Greenbaum: Bill, before we actually put this into the newspaper, when we changed the Construction Code Official Fees, there was a problem in terms of it wasn’t signed off by everybody. Has this been signed off by everybody at this point?


Mr. Sohl: Yes.

President Greenbaum: So we are not going to come back and say you know what? These fees are inconsistent with what’s allowed. We are on good ground here?

Mr. Sohl: In the construction case?

President Greenbaum: Yes.

Mr. Sohl: Gary missed a paragraph that was out of order and…

President Greenbaum: I just want to make sure before we spend the money.

Mr. Sohl: These are much fewer changes.

President Greenbaum: Okay. Mr. Tepper did you have something?

Mr. Sohl: And they have been thoroughly reviewed by Catherine over at the Planning Board.

Mr. Tepper: The only comment was that the Planning Board had reviewed these in great detail to ensure that they were also consistent with surrounding towns. So the amounts of the increase are not exorbitant at all.

President Greenbaum: Any other comments? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance for First Reading is Ordinance #22-2007 entitled:

Ord. #22– 2007 An Ordinance of the Township of Mount Olive Establishing the Name of a Portion of that Which is Known as Madison Avenue Rather Then Elias Drive as Disclosed on Filed Subdivision Map No. 5794.

President Greenbaum: Mrs. Labow.

Mrs. Labow: I move that Ordinance #22-2007 be introduced by title and passed on first reading and that a meeting be held on May 8, 2007, 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 the law.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to the final ordinance for first reading this evening. Ordinance #23-2007 entitled:

Ord. #23-2007 Bond Ordinance Amending Bond Ordinance Numbered 34-2006 of the Township of Mount Olive, in the County of Morris, New Jersey in Order to Amend the Source of Funding of the Project (Mandelbaum).

President Greenbaum: Mr. Rattner, do you want to move that please?

Mr. Rattner: Sure, one of the few times I actually enjoy spending money. I move that Ordinance #23-2007 be introduced by title and passed on first reading and that a meeting be held on May 8, 2007, 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 the law.


President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. 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

4. Resolution of the Township Council of the Township of Mount Olive Aauthorizing a Contract for the Acquisition of the Blue Atlas Property, Block 4500 Lot 8.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement to Farming Activity on Charters Farm, Block 8300 Lots 3 & 4 and Block 900 Lot 1.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Wire’s Electric Shop for Interior Electric and Heating in the Department of Public Works Storage Building.

7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Applied Water Management, Inc. for Sludge Hauling for the Years 2007-2009.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a Treatment Works Application for ITC West Sanitary Sewer Extension.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of a Tonnage Grant Application to the State of New Jersey for 2006.

10. Resolution of the Township Council of the Township of Mount Olive in Support of the Disabled and to Encourage Enforcement of Such Legislation

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and AIG Baker, Mount Olive (Famous Footwear).

12. Resolution of the Township Council of the Township of Mount Olive Celebrating and Commending the
Opening of the Mount Olive Child Care & Learning Center’s New Facility.

President Greenbaum: We are up to the Consent Resolutions Agenda. I am going to move #6 to the Non Consent in light of the discussion that we had at the Workshop. That will simply be amended at the appropriate time to include the Attorney review and approval prior to adoption.

Mr. Dorsey: Can we remove #12 because I have to add an amendment to #12.

President Greenbaum: Twelve will be removed as well. Does anyone wish to have any of the other resolutions removed? With that I would ask Mr. Rattner to please move #5, 7, 8, 9, 10, 11, and 13.

Mr. Rattner: Thank you, Mr. President. I move Resolutions #5, 7, 8, 9, 10, 11, and 13.

President Greenbaum: Is there a second?

Mr. Buell: Second.


PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda? Seeing none, I close it to the public. Does anyone on Council have a brief clarifying statement with respect to the Consent Resolution Agenda? Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to Non Consent. The first resolution on the Non Consent is #6 which will simply be amended to include that Attorney approval and review is required.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement to Farming Activity on Charters Farm, Block 8300 Lots 3 & 4 and Block 900 Lot 1.

Mr. Rattner: So moved.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on Resolution #6? Seeing none, is there any Council comment? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution #12, Mr. Dorsey.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and AIG Baker, Mount Olive (Famous Footwear).

Mr. Dorsey: Resolution #12 deals with the approval of a Developer’s Agreement or some new pad or space at International Drive South known as Famous Footwear. The Developer’s Agreement as currently drawn and approved by this Resolution includes within it the requirement that a COAH contribution be made by the developer. This is contrary to our experience in connection with every other development within the Foreign Trade Zone South. It was recommended by the Township Planner as it was told to me and by the Attorney to the Planning Board that the provision for such a contribution not be included because International Drive South received tentative approval, preliminary approval prior to the adoption of the ordinance but it was not taken out of the Planning Board’s resolution. The only thing that they have asked, for which seemed quite reasonable to me, is that they be permitted 60 days to work their differences out with the Planning Board in terms of this particular provision. They seem quite certain, that is Goldstein and company, that it was just an oversight that it was included. It was apparently recommended by Roger Thomas, the Board Attorney and the Planner, that it be taken out. So the amendment would be to simply provide to the developer 60 days to work out the issue with the Planning Board…hopefully to eliminate any COAH contribution for the legal reasons set forth above. If they don’t then the Developer’s Agreement will be executed with that provision it. The Developer’s Agreement will probably be executed immediately. You don’t make the payments under the COAH contribution until you pull your building permit and you get your CO. So we would seek to amend Resolution #12 that way. I’ve actually written out all of them. I will get that to Lisa.

President Greenbaum: Do you want to move that?

Mr. Rattner: I will move Resolution #12 as amended by the Attorney.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Anyone from the public wish to be heard? Anyone on Council wish to be heard?

Mr. Rattner: Yes, just a question. Mr. Tepper, where is that located, I am just curious on that one, which pad?

Mr. Tepper: If you go up to the pet food store, they are going to make the pet food store smaller and build off on to the side of it the Famous Footwear. So Larry is arguing that it’s not a substantial change. Chuck McGroarty felt that it possibly could be. So he is going to have to convince our Planner that it’s not. Our discussion, if it’s brought to us, is the question if you did it on every lot and made it smaller and put a second building on, would that be viewed as a change? That is what he is asking for, waiver of the fees.

Mr. Dorsey: We are not waiving the fees. We are simply giving him 60 days to work it out.

Mr. Tepper: We are, right now, right. What he’s asked for though is waiver of the fee.

Mr. Rattner: Is there an answer why we have to vote on it before it is settled? Is there some sort of time of the essence?

Mr. Dorsey: No, they want to go forward. There’s no reason not to let them go forward. It’s all been approved. I mean if you wanted to say no?

President Greenbaum: There is no reason not to vote on it at this point in time.

Mr. Dorsey: They are at their risk, not our risk.

President Greenbaum: The specific issue related to the COAH fee really is an issue that the Planning Board has to deal with and not us. We are simply…we are allowing the developer to move forward with the project that was approved. There maybe a revision in terms of what was ultimately approved by the Planning Board and in the event that we don’t move forward with it and it’s changed by the Planning Board, we have an obligation to adopt a Developer’s Resolution consistent with what the Planning Board decides anyway. So it really doesn’t make much of a difference.

Mr. Rattner: I am just concerned dealing with this that they want to get started but if we are going to end up in a lawsuit because we can’t come to an agreement, then why are we being so quick with it?

Mrs. Lashway: They signed the Developer’s Agreement that had the clause in there that they have to pay the COAH fee, as it is now.

Mr. Rattner: Oh, okay.

President Greenbaum: Any other discussion? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List

President Greenbaum: Bill List, Mr. Tepper.

Mr. Tepper: I move the Bill List as presented.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Any Administrative matters Bill?

Mr. Sohl: No.


OLD BUSINESS - None

NEW BUSINESS - None

LEGAL MATTERS

Mr. Dorsey: Nothing.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: Nothing to report. Our next meeting is next Wednesday.

Board of Health Report

Mrs. Labow: We had our meeting last week. We had a first reading of an Ordinance amending some of our fees. It was a rather short and sweet meeting done in less than an hour.

Planning Board Report

Mr. Tepper: I did not attend but following up with Chairman Fleischner and getting a copy of the disc to listen to it. The key issue is the one that we just addressed having to do with the COAH fees and that the Planning Board upheld them and that I was told that they were going to come to Council and ask that they be recused from them.

President Greenbaum: I understand that there was an issue discussed with respect to the settlement of the Rezamir fines by the DEP, maybe not at this meeting but at a prior meeting.

Mr. Tepper: There was discussion as to where it was with that and did they pay the fees. I think it was $750,000 in fines?

President Greenbaum: I don’t know where it’s at in terms of the DEP and this goes to you Bill. I think that the Planning Board was concerned or at least raised the issue that the Township be involved in the settlement discussions because certainly…

Mr. Tepper: False application.

President Greenbaum: Not only that, the injury that was caused by the violations affects the Town and the natural resources of the Town. To that extent, we believe that the Township, or at least I do, and I know that certain members of the Planning Board do feel that the Township should be in some way compensated for the natural resource damage that was caused to the Township.

Mr. Tepper: We have a copy today of the proposed settlement which says that they have to basically make that whole once again and the question would be, how is that defined?

President Greenbaum: I think that the Township should take a very active roll in terms of making sure that we are compensated for the damages which were caused by their violations.

Mr. Rattner: I also, to add onto that, I want to make sure that private homeowners, and there were some documents like that last letter we got, that somebody is trying to tie it together which may be related, may not, but we had people here who had some substantial documented damage to their property. I want make sure that before we have any agreement, that all the claims with our residents, that’s who we’re representing, are settled before we go forward too.

Mr. Tepper: Mr. President, can we withhold building permits, new building permits until that is resolved to the Administration’s satisfaction?

President Greenbaum: That would have to be answered by Mr. Dorsey.

Mr. Dorsey: Yes, I’m sorry.

President Greenbaum: The question has been raised with respect to the proposed settlement that the DEP is entering with Rezamir and there are substantial fines that the DEP levied upon Rezamir due to the manor in which they cleared their land and allowed runoff and soil erosion. The fines were somewhere in the $1 million range if not greater. The issue has been raised that the Township has in fact been damaged as a result of natural resource, our natural resources also happened to be damaged and that the Township should be involved in the negotiations with the DEP and with Rezamir in terms of making sure that we are compensated for our damages. Beyond that, Mr. Rattner raised the issue that there were various homeowners who had specific damages as to their own pieces of property. Those claims having been raised previously, two of which that come to mind are the George’s and the Strianos and that certainly those claims should be part of any local settlement between the DEP and Rezamir. Notwithstanding that, Mr. Tepper has now raised the issue of whether or not the Township can withhold building permits while these issues remain open and that’s the question to counsel. I don’t expect that you may or may not be able to answer that this evening.

Mr. Dorsey: Let me ask you a question. Has anybody from the Township been in touch with the DEP to know the nature or extent of their negotiations?

President Greenbaum: We have received correspondence from the DEP which I am going to ask Mr. Sohl to send to you at this point.

Mr. Sohl: We have it.

President Greenbaum: We believe that the Township should be involved in, and I know the Planning Board does as well, should be involved in these negotiations so the Township, if possible, can be compensated for losses as well.

Mr. Dorsey: Let us understand this. If the Township is going assert claims against Rezamir…

President Greenbaum: Yes.

Mr. Dorsey: The Township better assert those claims. I don’t know exactly what these claims are.

Mr. Rattner: That is what he is saying.

President Greenbaum: That is what I am saying.

Mr. Dorsey: You are going to have to assert them now because you can’t just…remember if they bring themselves to the point where they are entitled to a building permit, you are not going to be able to say, we are not going to be able to say we are not going to issue a building permit because we claim you still owe us. This is the time for the Township to forcefully pursue any claim that it may actually have.

President Greenbaum: That’s why the issue was raised. Mr. Tepper?

Mr. Tepper: I believe we have until tomorrow to make comment on that under the notice of intent to settle.

President Greenbaum: Bill, I suggest that tomorrow is the day that this is dealt with.

Mr. Sohl: Okay.

Board of Adjustment Liaison Report -None

Open Space Committee Report

Mrs. Labow: I gave the report last meeting.

Legislative Committee Report - None

Pride Committee Liaison Report - None

Board of Education Liaison Report

Mr. Buell: They met last week but really didn’t do anything of any major note.

Lake/Environment Issues Committee

Mr. Rattner: You don’t want to hear from me on that but I do have a related issue. I will do it in final comments.

Safety Committee Liaison - None

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Met last week. The Mayor and I could only stay for part of the meeting because it was opening season for baseball. There was a presentation by the Open Space Committee on how open space is a good ratable. Additionally, they were working on, besides other things, uplifting press releases about what’s going on to try to make Mount Olive look desirable. They are very, very active.

Solid Waste Advisory Committee Report

Mrs. Labow: We gave it at the last meeting.

Library Board Liaison

Mr. Tepper: We had a meeting whereby we discussed the new budgets and trying to get plans for future opportunities to have new programs and then they conducted a successful book sale on Saturday.

President Greenbaum: Do we know what the status is of the handicapped parking?

Mr. Tepper: It is still unresolved as to how they are going to complete that. They’ve put it out and asked for new bids again but they are still getting very, very expensive proposals.

Mrs. Labow: I have a question.

President Greenbaum: Okay.

Mrs. Labow: Russ, what is the status on their gas bill that they have been negotiating?

Mr. Tepper: It’s just that, it’s been negotiated. They are paying off, pursuant to the agreement, so much per month but they are arguing over a discount to make a lump sum payment on that.

Mrs. Labow: Okay, thank you.

PUBLIC PORTION

President Greenbaum: Anyone from the public wish to be heard on any particular issue? Yes sir, if you would be so kind as to go up to the podium Mr. Russell.

Nelson Russell, Budd Lake: This is for Sherry. Looking at the escrow account, escrow disbursements are monies that are withdrawn from the escrow accounts to pay particular professional fees etc., correct?

Mrs. Jenkins: Yes.

Mr. Russell: What’s the $13,000 escrow interest?

Mrs. Jenkins: The developers are the people that actually deposit the money. They get a portion of the interest and the Township gets a portion of the interest. Our portion of the interest we transfer over quarterly and we have a revenue set up in our budget for it.

Mr. Russell: Okay, I just didn’t see the reference. Thank you.

COUNCIL COMMENTS

President Greenbaum: Thank you. Is there anyone else from the public who wishes to be heard? Seeing no one else, I close it to the public. We are up to final comments. Sherry, anything this evening?

Mrs. Jenkins: No.

Mr. Sohl: No.

Mayor Scapicchio: No.

Mr. Tepper: No.

Mr. Buell: No.

Mr. Tobey: Nothing.

Mrs. Labow: Nothing, I am donating my time to Steve.

President Greenbaum: I wasn’t even going to call on Steve.

Mrs. Labow: Oh.

President Greenbaum: Mr. Rattner.

Mr. Rattner: The issues with Morris Chase. I’m not going to talk about the disaster that happened to the lake and those are my terms, obviously not engineering terms. However, on two different inspections that I was invited… No, in fact I think I tried getting those meetings. Anyway, one thing that’s very interesting about their property - everybody knows that the property was very wet and it’s been very wet going back probably hundreds of years and that is one of the issues. The surprising part is that there are springs that bubble up through the soil at normal level. In fact, there are some areas where they built their roadbed construction up about two feet because they would be in water from where they scraped. You can actually see potholes or just in soil you can see water bubbling up. They are also building because as Joe Dunn from Morris County Soil Conservation, you got to love those regulations of 20 years ago that they are operating under, they are actually building, the first part they are building I guess is some of the Condo units which are in a riverbed, streambed, they were allowed to build through. What I am going to ask the attorney to look at because we know about full disclosure with you or me selling a house and we have water in the basement. Is there anything that we can do to require, now we have done full disclosures before that we have asked developers, that a developer has to disclose where they have found springs. If you build, I don’t care what you’re going to do, if you’re going to build a house on top of a spring or a place where there is water, you are going to have water. They are going to put in sump pumps and such but can we require the developer to let the potential buyer know?

Mr. Dorsey: The time to have done that would have been in the various Planning Board approvals that were granted. It becomes more difficult now to find a mechanism by which you can make the developer do it. If it had been possible to know this particular avenue of disclosure when they were going through the process of getting their approvals, we could have done it. I don’t know that there is any mechanism now by which we can tack that on.

Mr. Rattner: We can’t just have…not just for this developer but for anybody that builds if they discover…

Mr. Dorsey: We can attempt to adopt an ordinance. If you give me the specifications as to what any developer must disclose, we can do that. We can do an ordinance.

Mr. Rattner: Could you come up with one…something to say, if you know that there is water there, you have to disclose and that is any property owner. I know that if I sell my house, I have to disclose if I’ve had water coming into my basement.

Mr. Dorsey: For you, I can do it.

Mr. Rattner: Thank you.

Mr. Dorsey: We may want to…I am serious. We may want to talk to Gene or somebody to get some…

Mr. Rattner: I would say we saw with some of these, I mean it’s doing nothing. I think any new residents, if not we are going to be getting the telephone calls. I remember what happened in Mountain Park I.

Mrs. Labow: When we were talking about clay we were talking about Rezamir Estates. They had the same thing, where there was a lot of springs riddled through that property that were sort of dried up at one time but then they were reactivated.

Mr. Rattner: Well, these are active now.

Mrs. Labow: I know.

Mr. Rattner: And they are building on top of it. We actually saw one streambed…everybody… they’re over the shoulder. “What are you doing over there?” “Oh, that’s where the foundations are that they are building for the Condo units” and it was in a streambed that they diverted. That is allowed under the regulations that were in at the end of the 80’s.

President Greenbaum: Nelson, did you have something that you wanted to add? You have to go to the podium if you are going to say something. I don’t normally open it up to the public during final comment but…

Mr. Russell: Based on that final comment. Just wondering Steve, if…

President Greenbaum: Steve, you are being addressed here.

Mr. Russell: This would be building in the wetlands. If there is a spring, there has got to be wetlands.

President Greenbaum: You know there are different kinds of wetlands. That would be under the Planning Board. There are wetlands which…

Mr. Rattner: The regulations for 20 years ago…

Mr. Tepper: It’s preexisting; it was approved 20 years ago.

Mr. Rattner: The regulations 20 years ago were a lot different. Do you know about buffers? If you look at the big retention basin that’s been completed and it’s working, that’s on Goldmine Road, the one that’s on that area, you will notice that that was built into the existing wetlands. They had approval for that. If you go down Goldmine Road, you will see the wetlands and you will see the wall of it that is in the wetlands. You know, right up to it. There is no buffer it’s right into it, they had to fill it in, that was allowed. We were told by Joe Dunn, and there were a lot of us there, Bill was on the last tour running around and we saw some of the things that they were doing and part of it was this is what the regulations allow. One of the things that I brought up at a previous meeting is that with the silt that is coming off the site, their permit only requires them to capture 70%. I mean you couldn’t do that today but that’s what their permit requires. That’s why we had a chocolate brown Budd Lake.

Mr. Russell: Thank you, Rob.

President Greenbaum: Thank you. Is that it Mr. Rattner?

Mr. Rattner: Yes.

President Greenbaum: I don’t have anything either, motion to adjourn. Oh you had something?

Mr. Rattner: I thought the public portion was closed?

President Greenbaum: Yes, the public portion is closed.

Mr. Rattner: You’re showing favoritism.

President Greenbaum: Yes for those who are here. Make sure you write that in the paper or on the radio.

Mr. Tepper: Mr. Chairman, before he speaks.

President Greenbaum: What’s that?

Mr. Tepper: I think we have to go to executive session before you adjourn.

President Greenbaum: I don’t think so, go ahead.

Steve Bedell, 9 Donna Lane, Flanders: With this development, let’s say the builders are done for however many years and let’s say there are people having major flooding or just major erosion on the properties. Since the Township gave permits “X” number of years ago, is there any liability on the Township?

President Greenbaum: No. There is no liability of the Township. They are immune under Title 59.

Mr. Rattner: Besides that we lost a couple of court cases. We actually fought. A lot of that was done with court decisions.

Mr. Bedell: Okay, thank you.

President Greenbaum: Okay, thank you very much. Motion to adjourn?

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:12 pm.

__________________________
Robert J. Greenbaum
Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on May 8, 2007.


_______________________
Lisa M. Lashway
Township Clerk
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